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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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StepDad vs Abbey


Br4ndyb00b00
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Well as some of you might have read recently, i have settled with Hsbc, and after telling family and friends, they all want whats rightfully theirs!

So i am gonna try to help them as much as poss, on the understanding thy visit this site frequently and keep readin faq's, etc. I made it clear they need to know whats going on and understand it thoroughly...

 

Anyway, my parents have had a bit of a rough time financially over the past few years, so i hope this can help them out. From reading he forums, it looks like Abbey Bank are one of the more difficult banks to deal with, but we are going to give it a go.

 

We have some statements, but there are quite a few missing, so we have printed out the S.A.R - (Subject Access Request) letter and enclosing a cheque and sening tomorrow (recorded of course).

 

Can i just make sure it is going to the right place... i am using this addy...

 

Data Protection Team

201 Graftons Gate East

Milton Keynes

 

Also, (this may be a silly question!) Who do mak the cheque payable to? just Abbey

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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I think i read somewhere, someone said it may be a good idea to send SAR, wait 14 days (of the given 40) then send a prelim with the spreadsheet with all the infomation i currently have, and make it clear that i will be updating this spreadsheet once i recieve the data i requested.

I think this will act as a prelim plus a kind of reminder for the statements..

What do you reckon?

Just browsing through the statements we do have, this is going to be a big amount of charges... nearly 200 pound per month of these ones! Is it a problem if this goes over 5000? if so, can i just split it and do two seperate claims?

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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Hi Boo-Boo,

 

My claim is in excess of £7K and as I understand the procedure, you can split claims but the defendant asks to amalgamate them. Over £5K and it is at the Judges discretion which track he allocates the claim to depending on the complexity of the case but it is more likely to be the Fast Track. In the FT then you can be liable to charges if you do lose but with an individual claiming against a multinational then these charges can be up to £750. You have to balance out the potential costs of losing against the potential benefits of winning.

Can't help on the other question.

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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if for some strange reason we did lose, there is no way we could afford 750! so i think i will just go up to 5k, then maybe after its all done and dusted, start another claim.

I just need to know whether its a good idea to send a prelim letter in 14 days time, mentioning that i will be updating the spreadsheet when the statements are received...

Cheers for the info

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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  • 3 weeks later...

Well, got the famous MICROFICHE response on 25th Jan, along with 14months statements the day after.

A paragraph in the letter does say,

 

'Any previous transactions have been archived onto microfiche and it is not possible to provide you with a computer printout of this information. However, we have made arrangements to send you a list of archived transactions between 2000 and 2005, under seperate cover.'

 

So i guess i just sit back and wait for this list that was not possible to produce!?!

They still have a couple of weeks anyway.

 

With a 'real' SAR, what would i expect to recieve? I mean, i know a list of transactions is sufficient for what i want to do with it, but should i gt more for my 10 pound?

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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bump

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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  • 3 weeks later...

Still nothing... deadline up on Saturday 24th Feb...

Have prepared this letter ready for posting on saturday morning. Used a fewq different templates from here and just mixed it up a bit!!!

Let me know of any alterations you think i should make...

Will also be sending a prelim letter on saturday with estimated figures for 2000 to 2005, based on 2006 charges...

Shall i put anything in the prelim about claiming contractual interest? I know the guide says not to i think, but i read somewhere, to claim this you must do it from the outright...

 

Pam Speed

Regulatory Compliance

Abbey National plc

201 Grafton Gate East

Milton Keynes

MK9 1AN

 

24/02/2007

 

LETTER BEFORE ACTION

 

Data Protection Act disclosure request

 

Dear Pam Speed

 

Account Number: xxxxxx xxxxxxx

Your Ref: XXXXXXXX/XX/XXXX

 

I am in receipt of your letter dated 25th January 2007, outlining that you database only allows you to provide me with printouts covering recent transactions on my account, and that any earlier information has been archived onto microfiche. I also note from your letter that you had ‘made arrangements to send a list of archived transactions between 2000 and 2005’.

 

My request was for a complete list of transactions and charges relating to my account for the previous 6 years – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions.

 

I understand that your microfiche system was recently inspected by a team from the Information Commissioners Office, and that they have ruled that your system is a Relevant Filing System under the terms of the Data Protection Act. I therefore expected you to fully comply with my request within the prescribed 40-day timescale.

The time for compliance with my request has now expired. Accordingly, I have to tell you that you have not complied with your obligations under the Data Protection Act 1998.

If you do not comply fully with my Subject Access Request within a further 7 days, or should there be any further attempts to delay compliance, I will be left with no alternative but to commence a County Court action under section 7, and section 15(2) of the Data Protection Act 1998, for an order to enforce compliance, together with damages at the discretion of the court, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.

 

 

Yours faithfully,

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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if you are looking at charging abbey interest their authorised/unauthorised borrowing rate on what they have taken from you under mutality and reciperioty or fairness and balance then you need to include it from your prelim letter

 

if you are on about the interest the courts apply Sec69 8% then you dont add that until the court stage

 

also if you are adding the unauthorised/authorised rates check out the figures first as it can make a vast difference to the amount you are trying to claim for and you will probably find abbey will push abit harder to try and avoid paying out at this rate some have recieved awards at this level others have settled for less

 

have a read about and decide from there as charging the banks CI is still relatively new as far as i am aware no proven method has been found for it yet But hey i'm trying for it nothing ventured and all that

 

 

Advice given is what i would do in your situation if in doubt consult a professional as i am not an legal egale

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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spoke to my stepdad, and advised him that although the contractual interest would make the claim substantially higher, i can not say 100% that i fully understand it, therefore could not stand in court and explain it!

 

So we are going to stick to the 'easy' s69 interest.

 

Letter in post this afternoon i think

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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suprise suprise... still no SAR delivered...

and they have taken the tenner!

 

Whats the next step?? i threatened to take legal action, so i guess thats what i do!

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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anyone?

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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Share on other sites

yes, i already sent letter before action and gave a further 7 days to comply with my SAR.

I also sent a prelim letter for reclaiming charges, but they have another week with that one... (i used estimated figures)

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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after your prelim letter you will need to send another letter the LBA (letter before action in template library) giving them one last chance to pay up before court action starts after that it is down to filing court papers

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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  • 1 month later...

we finally got our S.A.R - (Subject Access Request)... calculated charges, sent prelim, then LBA 14 days later... time has now come for court stage...

 

They have actually made an offer of 600 pound, and we've noticed that although we sent the 'accept as part settlement' letter, they have put it into the account... we wont touch it for now... just wait for the lot i hope!

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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