Glitterari's Mum vs Abbey *** WON ***

[Glitterari]

OMG!

 

Have just got off the phone to Mum.

 

She called Abbey in the week and demanded all her statements going back the past 6 years.

 

Guy at Abbey said they didn't go back that far.

 

Apparently Mum told them

 

"oh yes you do and you won't be charging me anymore than £10 for them either"

 

Apparently he said 'ok' and told her she'll have them in 2 weeks.

 

Crikey!

 

So we shall see if they arrive.

 

This has come about from me telling her about how the charges are unlawful, etc etc but I have only really summarised it v briefly. I've asked her if they should arrive to just keep them all safe and I'll go through it all with her. I think good for her for putting the wheels in motion but I'm a bit worried that she's gone in a bit 'bull in a china shop'.

 

Anyway, I will have to help her do this all as she has no access to a computer or to the net...

 

C x

[stebiz]

So have you sent the £10 to them?? If not you may find yourself going around in circles.

 

Stebiz

[Glitterari]

No, because Mum phoned them and told them to send them to her.

 

Like I said I only briefly summarised the process and why they're unlawful. But I could always put a letter together for her to follow up her telephone request with a cheque for £10.

 

C x

[alanfromderby]

It would be a better approach - I am yet to see anyone who has requested statements without a DPA request actually receive anything other than for the last 14 months or so. Unless, or course, they contacted Abbey before the end of March.

[Glitterari]

Well, we gave them time and waited to see if they would do what they said they would - and they didn't.

 

So, a couple of weeks ago I put together the DPA request letter for mum and we posted it off with a cheque for £10. Got the standard letter regarding the microfiche and about a year's worth of statements.

 

I will be printing off the microfiche follow up letter for mum. But through skipping through a few threads I've seen that some peeps are having to go further in order to get the info on microfiche from Abbey.

 

When I first came on this site around Feb/March time, there were various discussions about reclaiming your bank charges if you haven't got the information you need from the bank - ie send the bank a letter saying I am estimating that I have been charged £x amount and am reclaiming this. The thought was the bank would let you know pretty damn quick if you had over estimated it. Can we still do this?

 

I've got time constraints on my side with regards to getting this cash back for mum, I go back to uni in Sept and would rather this was well on the way to being resolved. I don't want to have to fight the DPA thing if I can help it, if Abbey don't comply - esp if there is a way around it.

 

Reclaiming my charges was relatively easy, but Abbey have a bad rep for giving the cash back!

 

Hope this all makes sense - thanks guys.

[Jane Austen]

Hi

 

You can send a request for repayment of estimated charges based on the ones you know. If it's way out then Abbey will have to provide the information then anyway to show it. Be sensible with the estimate. My case is now at the awarded judgement by default but Abbey's solicitors are going for yet another set aside.

If you send a request in now you should be sorted before uni starts again.

 

Good luck

[Glitterari]

Hi everyone, just a quick update.

 

In the end Abbey didn't send out the statements (surprise, surprise) so we did the DPA request and sent the £10. They all came through within about 3 weeks, even the ones on microfiche.

 

Has taken ages to go through it all but have now worked out that Mum is claiming £3840 for past 6 years. There were some days (yes, days) that she was charged 8 times at £35 a pop for dd's bouncing or whatever. I've got the prelim all ready to go. I've done the 8% interest calculations (for when it gets to putting in a court claim) and it works out that if it gets to putting in a claim then Mum can then claim a further (almost) £900!

 

So, here we go

 

Carly

[Lula]

It would be a better approach - I am yet to see anyone who has requested statements without a Data Protection Act request actually receive anything other than for the last 14 months or so. Unless, or course, they contacted Abbey before the end of March.

 

Alan, I did and they never charged me for them, and it only took from 5th May to beg of August !!!!!:o

[Lula]

Hi everyone, just a quick update.

 

In the end Abbey didn't send out the statements (surprise, surprise) so we did the Data Protection Act request and sent the £10. They all came through within about 3 weeks, even the ones on microfiche.

 

Has taken ages to go through it all but have now worked out that Mum is claiming £3840 for past 6 years. There were some days (yes, days) that she was charged 8 times at £35 a pop for dd's bouncing or whatever. I've got the prelim all ready to go. I've done the 8% interest calculations (for when it gets to putting in a court claim) and it works out that if it gets to putting in a claim then Mum can then claim a further (almost) £900!

 

So, here we go

 

Carly

 

Well done Carly, so whose going to be mummys little angel then LOL Good for you and your mum, hope she is going to buy you something nice

[Glitterari]

Well done Carly, so whose going to be mummys little angel then LOL Good for you and your mum, hope she is going to buy you something nice

 

Yeah, I hope so too!

 

Well, she posted off the letter via recorded delivery & it cost her £4 odd with the new postal charges . I'm not sure she asked for the right thing mind though, as I did let her go and do it on her own.

 

Anyway, Abbey have not responded to the prelim and giving them ample time in which to respond - don't know if this is typical behaviour of them. The LBA is all filled in and ready to send.

 

That's all from me for now.

 

C xx

[Glitterari]

Sent off the LBA, and received a standard response for the prelim letter the day after they should have responded by - telling us they'd get back to us in 4 weeks time. Yeah right.

 

Mum received another letter from Abbey yesterday in response to the LBA, offering her £380 for Oct 05 - Sept 06 - haven't gone to check if this is even the correct amount for that time period.

 

So, it's a 'thanks for the £380, but I am still going to claim for the rest letter'.

 

Dontcha just love all this game playing?

[Lula]

Well at least you have a date for the refund and that is a result, it means that you can claim for up to Oct 05 and when you get settlement if they try and take off the GOGW you just say up yours cos this is for Oct 05 onwards. Keep the letter you may need it

[Glitterari]

Well, the charges for Oct 05 - Sept 06 come to more than £380 so they got their calculations wrong.

 

They ignored the letter back telling them we would pursue them for the outstanding amount - so have now just completed moneyclaim.

[Glitterari]

Hi all again.

 

Mum's had a letter (not sure if it's from the court or Abbey) but Abbey are intending on filing a defence. Just checked moneyclaim and it says 'defence' now...is this normal and what happens next? Sorry for the questions, just now I'm back at uni I've not got so much time as before.

 

Thanks - C xx

[alanfromderby]

It is normal - Abbey usually keep going until after you have filed the Allocation Questionnaire.

[fuzzgun19]

So is it the standard for Abbey to cough up between filing the Allocation Questionnaire and the Court date??

[Lula]

its seems to be the case now and sometmes the beggars leave it till you have filed your court bundle and then dont bother with theirs and cough up

[Glitterari]

Great - that's fine then, just wanted to know that they're just going through the motions til they give in.

 

C xxx

[Glitterari]

Right have copied and pasted this from southerner's thread cos it's exactly the same and she's done all the hard work already with copying it onto the computer! Looks like the 25th & 26th last week were busy days for Abbey's solicitors as lots of other people on the site got it too - which I have to say makes me feel better and I'm not the only one.

 

FROM SOUTHERNER:

 

 

Claim No xxxxxxx

 

 

BETWEEN xxxxxxxxx Claimant

-and -

 

 

 

 

ABBEY NATIONAL PLC

 

 

 

Defendant

 

 

 

 

DEFENCE

 

 

 

1.Save as is specifically admitted in this defence, the Defendant denies each and every allegation set out in the particulars of claim.

 

 

2. It is admitted that the Claimant has current bank accounts with the Defendant, account numbers xxxxxxxx ("Account")

 

 

3. At all times the Account has been subject to the applicable terms and conditions ("Conditions"), which form part of the contract between the Claimant and the Defendant and to which the Claimant agreed when he opened the Account. The Defendant will refer at trial to the full Conditions but for the purposes of this Defence will refer to the following extracts:

 

 

(1) "You can apply for an overdraft on your Account. If we give you an overdraft we will tell you your limit and the interest rate applicable."

 

 

(2) "An unauthorised overdraft occurs if without our agreement you overdraw your Account or exceed the limit of an overdraft which we have agreed."

 

 

(3) "If you have an unauthorised overdraft, you will be charged fees as set out in our Tariff of Charges or specified to you and these may include fees for transactions we are unable to process due to lack of available funds in your Account."

 

 

(4) Throughout the period that he has had the Account, the Claimant received a number of copies of the Conditions and of the said Tariff of Charges as they were amended and updated (though there has been no material amendment to the Conditions extracted in paragraphs 3(1), (2) and (3) above).

 

 

(5) Any overdraft facility on the Account was (and is) subject to the Conditions.

 

 

(6) The Claimant has overdrawn or exceeded authorised overdraft limits on the Account on a number of separate occasions, full details of which will be provided on disclosure. Therefore by virtue of the Conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the Claimant became liable to pay fees to the Defendant in accordance with its Tariff of Charges applicable at the relevant time. In- accordance with the Conditions, such fees were debited to the Account.

 

 

(7) In view of the facts and matters referred to in paragraphs 3, 4,5 and 6 above, the Defendant denies that the amount of any other amount, was unlawfully debited to the Account and the Claimant's claim for the repayment of that amount is therefore denied.

 

 

(8 ) The Claimant's contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

 

 

(9) Further or in the alternative, even if the said fees are not proportionate to the Defendant's administrative expenses incurred (which is denied), the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the Account.

 

 

(10) No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same.

 

 

The Defendant believes that the facts stated in this defence are true.

 

 

I am duly authorised by the Defendant to sign this statement.

 

 

Full name Inga Kirkman

 

 

of Abbey National pIc

 

 

signed position or office held: Legal Officer

 

 

Date: 26 October 2006

 

 

 

 

 

Mum phoned me on Tues to say that she's had the allocation questionnaire too. So that needs to be filled out and submitted - what happens then? More importantly how long is it likely to be before we see the cash.....?

[grumpy guts]

It seems like Inga's right mouse button is in danger of wearing out from all that cutting & pasting she's doing.

[Glitterari]

anyone got any advice...?

[Glitterari]

Right, I have received the allocation questionnaire - is this anything to worry about? It looks pretty straight forward. In section G - Other Information section, do I need to write anything in there?

 

It's a £100 fee for filing this - that's normal, yeah?

 

Any advice would be great guys as my own claims didn't get this far.

 

C xxx

[alanfromderby]

Have a look in the Library.

[Glitterari]

Righto peeps

 

We did the AQ and handed it in to the court with the fee round about the 10th Nov. When I look on MCOL it says that it has now been transferred and no more can be done online - so I am guess we have to wait for the court to set a date?

 

How long will this take? The date the AQ had to be in by was 15/11. We've not heard a thing from abbey recently.

 

Thanks - Carly

[alanfromderby]

They are dealing with a large number of cases so may take a little longer yet. If you have not heard anything in a weeks or so, then give the court a ring.