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gonna get it back v abbey


hellhasnofury
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Hello everybody, I have sent my sars request to the abbey, I have used the letter asking for all information regarding any information of all dealing I have had with them. band accounts, loans etc etc. but I have only been sent 1yrs of bank statements. Need to give them a kick up the botty! At the court stage with the Natwest and waiting for them to put in their defence, so got a bit of time on my hands. I am after everybody for charges, but realise that I have to pace them out as, to not get confused.:confused:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Yeah I had the same problem and did get a little confused as well. Abbey may try and stall you with things but do owe you those statements as you sent in the SAR. Good Luck, just give Abbey a call they should help you and send them out promptly.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Hello, I rang the Abbey yesterday. There was a great misunderstanding in communication..I asked why I had only received one years bank statements when the account was opened in 2001. Eventually after being left listening to some rubbish music. I was informed that they would be able to give me my statements but I would have to pay a fee of £10.!!!!!!. They begger belief. :o They have already cashed my cheque I sent with the S.A.R - (Subject Access Request):mad: They then questioned me regarding the cheque I had sent, saying they had no record of the cheque from the Abbey account. They could not get their head around that it was a cheque from the Nationwide not from the Abbey account. That seemed to really confuse them or Do they purposely act dense just to annoy you. I told them that I would not give them another payment and if they did not send the remaining statements before the 40day deadline I would report them for the non-compliance.

 

Lets wait and see what happens now.

 

In the 12months statement I have calculated that they have taken £280 in charges. It is a bit strange because there is a direct debit been set up that I know I did not authorise. It was an account for paying cheques, child benefit and child tax credit in and my spare cash account for a rainly day. I only used it for getting cash through the hole in the wall. I am ashamed to say I never looked at the statements. The account is £160 overdrawn due to bank charges and I thought it was in credit. They have taken my child benefit and child tax credit as charges. That money was for my child. They are deplorable!!!! I will again have to ring to find out what this is about

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 2 weeks later...

I have now sent the shabbey a non-comliance sar letter telling to get a move on with my information on bank account loans etc etc. I did received the normal dear madam we only keep 14months statements blah blah. and will they will be sent in single statements. They sent this letter twice. so I reckon with the statements I already had, plus the 12 they have already sent me and the other 14x2 they are going to send. I am going to have lots of information for the last 14months. Are they for real!!!!!!?:o

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 2 weeks later...

Hello,

 

prelim letter going today. so here we go

 

Wish me luck as I have been very cheeky!!!!!!:lol: :lol:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Hellhasnofury,

 

(With a name like that remind me Never to let you get angry at me)

 

Very best of luck with you Non Compliance case.

 

Abbey were typically incompetant with sending out statements for my claim so I ended up estimating it for the N1, and surprisingly all my outstanding statements turned up 2 days after they acknowledged the claim lol.

 

Then used the n244 to ammend the amount, slightly round about way of doing it but turned out well and Abbey settled in full 2 days before court date :D .

 

I shall watch with interest,

 

All the best

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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  • 2 weeks later...
Hi Hellhasnofury,

 

(With a name like that remind me Never to let you get angry at me)

 

Very best of luck with you Non Compliance case.

 

Abbey were typically incompetant with sending out statements for my claim so I ended up estimating it for the N1, and surprisingly all my outstanding statements turned up 2 days after they acknowledged the claim lol.

 

Then used the n244 to ammend the amount, slightly round about way of doing it but turned out well and Abbey settled in full 2 days before court date :D .

 

Congrats to you, and thanks for your post,

 

My username is apptly choosen. I am a nice person, caring, thoughtful kind and respectful. A little bit ignorant and niave with the ways of banking and finance companies, until I started on this forum and educated myself with their devious ploys and how I managed to give them all my money and was truely thankful. dope!!!! this is when I became Hellhasnofury because that is how they have made me. Only with them though.

 

Well enough of that! I have received a letter in response to my prelim.

The normal thanks for your complaint, sorry you are not happy blah blah and we will respond to you in the year blah.

 

LBA goes out on Tuesday ha ha:lol:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Hell, (LOL) do a search on this site for "Letter of Appropriation" and send it to your branch just before your tax credits/child beneft are due to be paid in, they then have to let you have the mney, alternatively, you can open a parachute account and have it paid into their I know that the child benefit agency are very good at changing really quickly.

 

Hope this helps

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi Hell, (LOL) do a search on this site for "Letter of Appropriation" and send it to your branch just before your tax credits/child beneft are due to be paid in, they then have to let you have the mney, alternatively, you can open a parachute account and have it paid into their I know that the child benefit agency are very good at changing really quickly.

 

Hope this helps

 

 

Thanks lula for your post. I have already sorted that one out.

 

Much appreciated.:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello,

 

Sending out my lba in the morning. Two days late but better that than never.

 

I had run out of ink for the printer ( I can't think why????):o Maybe its the millions of letters I am printing off.:D

 

Will try to Keep you posted. I am very busy claiming back mis-sold ppi in the ppi section. Have a look!!

 

I am really enjoying all of this

 

POWER TO THE PEOPLE:p

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Good for you, the time has gone when these large financial institutions can use us as milsch cows for money - ooo shall I get off me soap box now LOL

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 2 weeks later...

Hello, Have sent my lba off last week,

 

Gotta letter from them offering me £280 with advise on how to run my account etc. checking the balance etc etc.

 

It was there stupidity in setting up a DD that I did not authorise. which put the account into a unauthorised overdraft. They charged me and then took my child tax credit for themselves.:eek:

 

Letter of today to accept in part refund and basically stuff em8)

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello, Have sent my lba off last week,

 

Gotta letter from them offering me £280 with advise on how to run my account etc. checking the balance etc etc.

 

It was there stupidity in setting up a DD that I did not authorise. which put the account into a unauthorised overdraft. They charged me and then took my child tax credit for themselves.:eek:

 

Letter of today to accept in part refund and basically stuff em8)

 

Hell, well no word from them yet:roll: Got till the 5th April and then back to my old friend MCOL.:-D

 

They truely do ask for it don't they:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 5 weeks later...

Hello all,

 

Have now pushed the submit button for MCOL, so now sit back and wait:D

 

I have been busy. Have received a cheque£3,000 now for mis-sold ppi:D and on Thursday, my cheque from the nastywest came, over £2,000.

 

So all this effort is paying off:lol:

 

So keep at it and don,t be put off by anything:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 5 months later...

Oh my god where does the time go. Well I am in court on the 17th October at 2pm. God help me. best get reading about the threads:lol:

 

I am just about to hand in my court bundle, but thought I might try and e-mail the shabby as a last ditch attempt to get the money or I'm I barking up the wrong tree. Anybody got a e-mail address.

 

I have rang the court today and it is still on:lol: :eek: :eek:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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MMMMmmmmhhhh.

 

Everybody must be busy

 

Anyway court bundles gone today

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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I emailed Inga Kirkman but she didnt reply.

I think the banks have been ordered not to reply to any claims whilst the oft case is pending so dont expect much soz

chelli

:o

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I emailed Inga Kirkman but she didnt reply.

I think the banks have been ordered not to reply to any claims whilst the oft case is pending so dont expect much soz

chelli

:o

 

Hello Chelli,

 

Thanks for your support and advice. I have a terrible feeling after spending most of the night printing out the court bundle, panicking, coz I ran out of paper and ink. Rushing out to the shops to get them and then find a photocopier

 

When I get to court, a stay will be ordered and I will be bound over for disorderly conduct and a breach of the peace.

 

If Shabby turn up to try for a stay, I will be a bit annoyed. There are more issues to my court claim, because they set up an unauthorised direct debit on an account I only used for my family tax credit and child benefit. They god damn took them as penality charges.

They have obviously never read my letters as they have made no reference to this in their defence.

 

I have added the banking code to my court bundle, specifically the direct debit section relating to the return of all unauthorised derect debit they may take, under the DD guarentee.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hi hellhasnofury:)

Lets hope you have a decent judge who will take the time to listen to your side, as it seems that a lot of the judge's are getting fed up with these case and taking the easy option of a issuing a stay!:(

I know how you feel about the court bundle i have got tons of paper that i presume my kids will get to scribble on soon!

good luck again and speak to you soon

michelle

[sIGPIC][/sIGPIC]

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hi hellhasnofury:)

Lets hope you have a decent judge who will take the time to listen to your side, as it seems that a lot of the judge's are getting fed up with these case and taking the easy option of a issuing a stay!:(

I know how you feel about the court bundle i have got tons of paper that i presume my kids will get to scribble on soon!

good luck again and speak to you soon

michelle

 

Hello and thanks,

 

I do hope I get a civil judge, not one in a bad mood, out of bed the wrong side, I will find it hard to be civil. I do think it is a bit of a joke, when they are there to see justice and are rude to you. I have met many people who feel they are above the rest of us because of the job they have choosen to do. They are all public servants at the end of the day.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello,

 

Quick update, Did e-mail Inga who and I did get a response, but not the one I was hoping for:eek:

 

"Without Prejudice"

 

Dear Madam,

 

Thank you for your email.

 

Whilst Abbey National Plc appreciates your offer, we are instructed to reject the same.

 

At the hearing on 17 October 2007, Abbey National Plc will be seeking a stay of your claim pending the determination of the test case as described in its letter to you dated 7 August 2007.

 

Kind regards,

 

 

Inga Kirkman

Senior Associate

Solicitor, NSW

 

Just realised that I have not received their court bundle, should have received it on the 3rd Oct, 14days prior to the hearing. So the postal strike has had nothing to do with it. They have got mine.:-D

 

Is it too late to ask for wasted costs for time preparing the case and the court bundle. Should I write to the court now and explain that the shabby have not followed the judges instructions and ask if I can be allowed wasted costs or wait till the day.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi, yes get your spreadir ready for your costs, it is not good enough for Abbey to presume that they dont have to comply with court directions and just pitch up at court on the day and presume that they will be granted a stay without question, I recommend that you send the below letter, but I have to warn you that the liklihood is that they will get the stay anyway.

 

Dear Sir/Madam,

 

[You] –v- Abbey Plc

Claim No: ********

 

I write in relation to the claim as detailed above, and specifically the order made by District Judge ******* dated [date].

 

You were ordered by the court to by [date] file and serve the documents upon which your client intends to rely at the forthcoming hearing. For your reference, a copy of the order to which I refer is enclosed with this letter.

 

To date I have received no such documents and accordingly you are now in breach of the aforementioned court order.

 

Please note that the evidence upon which I intend to rely was both filed and served pursuant to the order of the court on [date].

 

Your non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which is contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that you are specialist solicitors representing a powerful financial institution, whereas I am a litigant in person. I feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation.

 

In view of the above, I will request at the hearing that the District Judge gives consideration to whether your client's defence should be struck out pursuant to CPR 3.4(2)© and/or (b).

 

Please reply at your earliest conveniance explaining why you have not served the documents as ordered and stating by when I can expect to receive them, or alternatively, indicating that you wish to settle these matters without the need for a hearing.

 

I look forward to your prompt response.

 

Yours faithfully

 

Copy to shAbbey and a copy to the court

  • Haha 1

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi, yes get your spreadir ready for your costs, it is not good enough for Abbey to presume that they dont have to comply with court directions and just pitch up at court on the day and presume that they will be granted a stay without question, I recommend that you send the below letter, but I have to warn you that the liklihood is that they will get the stay anyway.

 

 

 

Copy to shAbbey and a copy to the court

 

Hello Lula,

 

Many thanks for that, I am aware that the case will still be stayed, but I do like to have a go. I will sent the letter you posted tomorrow to the court. I have sent the one to shabby via e-mail

 

Now the wasted court cost, when do I hit them with this. before the court date or on the day.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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