Jump to content


It's Bailiff Time


Beaker_smiles
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1847 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 68
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I strongly suspect that the difference arises from the ICO visit to Abbey last week, the results of which we are still awaiting, but you are now the 2nd one I'm aware of who is suddenly not being stonewalled. Coincidence? I think not, little puppy... :rolleyes:

Link to post
Share on other sites

YOU ARE ALL MISSING THE POINT.

 

This is another part of the Shabbey saga to cover its arse.

 

Abbey has throughout maintained that the Archive system is not relevant.

 

Check this post.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/3906-lostinparadise-abbey-12.html#post253566

 

It contains a letter from DLA that has the phrase:

 

It has never been Abbey's position that the information requested would not be provided. Abbeys position, however, is that due to the way in which the information is stored, information is not subject to a Subject Access Request, Under the Data Protection Act.

 

THIS IS RELEVANT I THINK.

 

What they are effectively suggesting here is that Abbey is quite happy to provide this information to people who ask for it in the right way. However, the point is tha Abbey rarely tells people this until well into the SAR process and so more time is wasted. More stalling...

 

However, this might be a fallback position for the bank. What if a case actually gets infront of a judge who then decides that Abbey is acting inappropraitely? Could Abbey use a flimsy argument like "he didn't ask for the information from the right department, your honour" as a defence? Perhaps there's more to this than I am currently seeing.

 

 

 

I also think that it's quite laughable that Abbey sees fit to charge only £10 for providing data from a system where there is a substantial amount of (and I quote from DLA's letter):

 

manual intervention (is) required and the time taken to retrieve the information

and yet it charges £32 for a bounced cheque where the entire process is automated

 

 

 

One of the key rules of war is "Never underestimate your oponent". I think we'd all do well to consider that.....

Abbey - Won DPA Claim - Aug 06 and got bailiffs in to recover my court costs of just £30.00

Abbey - Won Charges Refund of £1050 - Nov 06

Egg - Recovered £220 due to Customer Services misinformation - Feb 2007

Nat West - Prelinimary Letter to recover on Credit Card charges £30.00 sent March 2006. £25.40 offered - rejected and the bank reckons that this is it's last word on the matter. We'll see if that's still the case when it reads my N1 form sent recently. It has until the 17th April to respond or the N1 will be submitted.

 

Please check out my web site www.BankChargesScandal.co.uk for Research, Useful links and my story.

Link to post
Share on other sites

i had a letter form abbey saying

 

 

letter recd 9 sep...

 

thank you for your letter dated 30th august which we received on the 6st sept requesting information on your bank account. i also acknowledge receipt of your £10 fee.

i would like to advise you that under a Data Protection Act request you will only receive transactions that are currently held on our systems, these will be forwarded to you within 40 days, free of charge, under seperate cover. any earlier transactions have been archived onto microfiche which is not covered under the DPA. these archived transactions will not therefore be supplied to you under a DPA requestand will not be subject to the 40 day ruling.

abbey is not normally required to hold past transaction details on accounts for more than six years we are therefore unable to give you all the details you have asked for.we can however supply details of transactions held on microfiche on payment of an admisnistration fee of £10 for multiple monthly statements per account that have been archived.... blah blah

 

so they have to hold details for 6 years and will supply all the details they hold free. so far i have only had 13 months statements tho...

 

they didnt even try to tell me the info i was requesting was microfiched!

me against the abbey Paid in full (donation made)

me against the woolwich Paid in full(donation made)

me against HSBC Paid in full(donation made)

 

 

beware the scrapbooker, for she has a long memory and sharp knives :lol:

Link to post
Share on other sites

I thought the same Karne, when I read this.

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

Link to post
Share on other sites

Ok, so I waited for the response to my initial request for repayment, and got the bog standard "we will investigate", so after the 14 days I sent my LBA.

 

Because it fell neatly into my pay cycle, I opted to give them 14 working days (not that I told Abbey that), and one week 7 days before the deadline I got the following response from Mike Bennett, Senior Customer Resolution Manager.

 

Dear Mr Beaker_smiles,

 

Thank you for your letter dated 14th August 2006, about your bank charges.

 

Having Carried out a full investigation, I can assure you that the charges do not contravene those regulations and therefore I cannot agree to refund all of them. However, as a gesture of goodwill, I am happy to offer a refund of £685, for the period January to Septeber 2006.

 

The regulations say that we must explain our charges in plain language and that we have to act in good faith, which, according to the Office of Fair Trading, means dealing fairly and openly with customers.

 

I therfore reviewed the literature and information you received when you opened your account, including the terms and conditions. This explains that charges will be applied if you do not keep to the terms of the account. Because of this, I believe we have been fair and open in telling you about them. The charges were correct, because you did not have enough money in your account to cover payments from it. When I looked at your account I found that, unfortunately, this was not the first time this has happened.

 

We can, as you asked, supply you with details of all the charges on your account over the last six years. Please accept my apologies but I cannot see that we have recieved the previous request you mention in your letter. If you would like us to do this, please contact our Telephone Banking Centre on 08459 724724 or visit one of our branches. There is a fee of £10 per account, to cover the cost of producing this information.

 

He then goes on about my right to contact the ombudsman, and how the Telephone Banking Centre will help if I have any further "needs".

 

My intended response is posted below.

If money is the route of all evil, I must be a Saint

Link to post
Share on other sites

And now for my reply

 

Dear Mr Bennett,

 

Thank you for letter dated 14th September, about the result of your investigation. Firstly, thank you very much for your goodwill gesture, it was a welcome step in the right direction, especially as many of your colleagues have been less forthcoming with their responses. However I would like to point out that I was only refunded £520.00 and not £685.00 as your letter offered. I have attached a schedule of the refunded items. I will happily accept this as a partial refund of the charges I have asked Abbey to repay.

 

Secondly, I appreciate that your charges are listed in your literature, but my request was for a breakdown of these charges, as they seem unrealistically high. I am not an expert; however I am lead to believe that your charges must be indicative of your costs. Penalty clauses for breach of contract under English Law are not legal if the cost of the penalty exceeds the cost of the breach, by either party. Given that your banking systems are highly advanced and computerized, I could understand if my breaches cost you £4.00 or £5.00, but is £35 truly reflective of your costs?

 

Finally to your offer of bank statements covering the last 6 years; I submitted a Subject Access Request on 10th April 2006, which was signed for on 11th April 2006. On 10th May, some 5 weeks (or 35 days) after I had originally made the request I received 14 months worth of data and a letter informing me I had received all the data I was entitled to. This letter from Sheena Small, a copy of which I have attached, did intimate that arrangements would be made to send the remaining data to me “as soon as it was retrieved from your archives”. 16 weeks (112 days) later I am still waiting. That’s 24 weeks (168 days) and still I do not have the information I originally requested. Unfortunately it appears that you cannot supply me with details of all the charges on my account over the last six years.

 

If you are able to produce the missing statements that I requested, I would be interested to know why it requires the intervention of a Customer Resolution Manager, when I had written on no less than three occasions to Ms. Small. Ms. Small has also never responded to my query as to what she meant by “As previously advised”, when she had only sent me one letter.

 

As I stated in my previous letter to Mark Winder, I have calculated that you have taken £1514.00 between 10th March 2005 and 7th April 2006. As you have denied my right to view my bank statements prior to these dates (and I think 24 weeks is more than sufficient a time for you to supply that data), I have estimated the charges prior to those dates, leading back to 1st July 2000 at £3136.14. After deducting the partial settlement of £520.00, this makes a grand total of £4130.14.

 

I require repayment in full of this money and removal of any default notices which you have entered against my account due to the unlawful charges you have imposed. If you have not complied by 29th September (after which time the notice period given on 9th September will have expired) then I shall begin a claim against you for the full amount plus my costs without further notice.

If money is the route of all evil, I must be a Saint

Link to post
Share on other sites

Secondly, I appreciate that your charges are listed in your literature, but my request was for a breakdown of these charges, as they seem unrealistically high. I am not an expert; however I am lead to believe that your charges must be indicative of your costs. Penalty clauses for breach of contract under English Law are not legal if the cost of the penalty exceeds the cost of the breach, by either party. Given that your banking systems are highly advanced and computerized, I could understand if my breaches cost you £4.00 or £5.00, but is £35 truly reflective of your costs?

 

Hello Beaker

 

From other messages I have seen, should the qoute above be "are unlawful", not "are not legal"? Just thought I'd mention, but I maybe wrong!

 

Phil:)

This is only my personal, honest opinion!

Link to post
Share on other sites

Hi Beaker, the DLA bod that you get allocated to will try and argue that you are over the 6 year limitation, take a read of my thread and there are some pertinent paragraphs to help deal with this, my AQ goes in tomorrow so I will keep posting on my thread to see where it gets me :-D

 

Keep up the good fight !!

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

OK, just filling in my N1 to take to court.

 

Does this sound like an acceptable "brief summary of my claim"?

 

That the claimant has an account with the defendant, who has levied charges for breach of contract which exceed any actual loss to the defendant and are therefore punative.

If money is the route of all evil, I must be a Saint

Link to post
Share on other sites

  • 4 weeks later...

So the grABBEY defence to my claim arrived today. It reads verbatim to all the others posted on here, so I won't write it all out. Now all I need is for the Judge to ask for my response.

 

I hope they speed up a bit, as I am on holiday at the start of December, and a bit of spending cash would be nice. Any idea how long it takes to settle from here roughly?

If money is the route of all evil, I must be a Saint

Link to post
Share on other sites

Hi Beaker,

Too bl**dy long lol. I wouldnt rely on that money for your hols...but you never know.

Thanks for your kind words of encouragement Beaker on my thread.

Good Luck well get there in the end.

LIP;)

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

Link to post
Share on other sites

  • 4 weeks later...

Well Ireturned my allocation questionaire on 7th November, the deadline was 20th November, and it's now 29th November and I haven't heard anything from the court. Am I getting overly worried, or should I call in to the court to see if any directions have been issued.

 

Or should I be doing something else?

 

I've driven the process this far, it doesn't seem right to just sit back and wait.

If money is the route of all evil, I must be a Saint

Link to post
Share on other sites

My dedline was 17th November Hagenuk has said just sit and wait can take a while for both submissions to come in and get sorted and then they have to decide what happens next so not expecting anything much to happen this side of Xmas.

 

Just have to pray it trundles along merrily in New Year or gets resolved beforehand - now that would be a nice Xmas present for both of us !

The Johnsons -v- Abbey Est Claim £2500

14/06/06 Request for statements over 6 years sent

28/06/06Received 12 months statements with Microfishe excuse

19/07/06 Sent Microfische Letter

24/7/06 Rcvd 2nd Fob off re Microfische from Pam Speed on 40 day limit.

01/08/06 Prelim letter for refund based statements (£1993.00 + interest) and estimated £3000 + interest for missing statements

14/08/06 LBA sent !

17/08/06 £680 refunded to my aco**** with no explanation -

24/08/06 LBA sent re Non Compliance S7 Data Protection Act

1/9/06 Abbey complaints refund letter received and ignored preparing N1

7/9/06 All microfiche copies received. Preparing N1

14/9 revised LBA sent

03/10 Litigation commenced

AQ 17/11 AQ returned

15/01 Statement of Evidence Lodged - Abbey Have until 12th Feb

Court Date Scheduled 21st Feb

Link to post
Share on other sites

Thanks pinstriping.

 

I got impatient at lunchtime though, and popped to the court (as luckily it is only a few buildings away from where I work) and apparently my claim went on the system this morning, and I should get my directions in a few days. My court date is set as 22nd January 2007 at 2pm.

If money is the route of all evil, I must be a Saint

Link to post
Share on other sites

  • 1 month later...

OK, Help Please.

 

I had my directions, no problem. My court date is 22nd of this month, and I handed in my witness statement pack with documents to both the court and Abbey on Monday (which complies with the 14 days before the hearing).

 

So far though, I have not had anything from Abbey. Should I just go to the court and say that they haven't filed the documents they intend to rely on, or am I better off asking for their defence to be struck out (which was one option I have read in another thread).

 

Help would be greatly appreciated, as I could really do without the hassle, but I don't want to give up.

If money is the route of all evil, I must be a Saint

Link to post
Share on other sites

Hi

 

I would inform the court that you have not had a copy of Abbeys bundle as directed and see what they say. Give abbey a ring and see if they settle. Failing that sit back for 10 days and win by default. I think abbey will be in touch to settle as so close to hearing now. Wish I was this close.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

Link to post
Share on other sites

  • 2 weeks later...

Hi Guys.

 

My court case rolls around on Monday, and this morning I have received the standard letter from abbey offering settlement. My problem is with the figures. Where they have only provided 14 months worth of statements I have estimated an amount of £3000, but in the settlement they have calculated it at £243.50. this is obviously a big difference. Should I continue to push for my estimate as Abbey have not provided any evidence to me of the documents they are taking to court, including statements, so I don't know if this is an accurate figure or not.

 

It is complicated somewhat because after reviewing all of my court document bundle, I neglected to include my address in my witness statement to the court. I have written to the judge as I feel that this is a small mistake compared to Abbey not submitting any evidence to me what-so-ever.

 

"I am writing to highlight two failures to comply with your directions for this case, which is due to be heard on Monday 22nd January.

 

Firstly I have not received a court document bundle from Abbey National PLC, so I am unaware of any evidence that they might wish to bring before you.

 

Secondly, whilst reviewing my own court document bundle I have realised that I have omitted to include my address in my witness statement.

 

I understand from your directions that both are grounds for having the evidence of the concerned party struck out. With regard to my own breach of your directions, I do believe that I have acted in good faith by supplying all the relevant documents I intend to rely on as requested, and I hope this will be considered when the case comes before you."

 

Advice please.

If money is the route of all evil, I must be a Saint

Link to post
Share on other sites

Nope that sounds good. The JUdge WILL forgive you as it really is a minor detail. They will however NOT forgive shAbbey following a failure to submit their bundle. Remember, if they have failed to submit their bundle, they cannot rely on ANY evidence to defend their stance to the point where they won't even be allowed to contest your claim in Court!!

 

Send the letter off pronto if you haven't already and/or even bring it to the Judges' attention in the hearing itself. Remember also that your address is also plastered over your accounts and other correspondence so they will take that as evidential fact regardless. All the address bit is is to confirm your ID! :rolleyes:

 

Don't fret, your on the home straight now....... well done! ;):D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

Link to post
Share on other sites

OK, so this is what I'm planning to hand deliver to Abbey today.

 

Dear Ms. Brewer,

 

RE: Settlement Letter (Ref: TS6B03/BCT)

 

I hope you are the correct person to correspond with , as the letter I have just received is from “Abbey National plc” and has simply been signed “Abbey”.

 

Thank you for the letter offering settlement of £1866.59. I would be happy to accept this as a partial settlement of my claim. My full claim however is for £4250.14 which as you have opted to allow it to progress to court now incurs interest at 8%, which is an additional £1177.22. Allowing for the £520.00 goodwill gesture and the £1866.59 you have paid into my account without notice, this still leaves £3040.77 outstanding on my claim.

 

As I have attempted to enter into an open and honest debate about these fees, and have supplied all the documents and evidence required to both yourself and the court, without receiving a satisfactory response from yourselves, I feel I have no option but to continue to court to reach final settlement.

 

I will take a copy to court on Monday on the off chance that Abbey try to pretend I am being unreasonable.

If money is the route of all evil, I must be a Saint

Link to post
Share on other sites

  • 4 weeks later...

OK, I have taken Abbey to court. They didn't submit a defence, and the day before my court case was due to be heard a settlement cheque turns up. Unfortunately, the cheque was for £2500 less than I had claimed, so I still went to court and explained that they had sent me a settlement letter but it wasn't for enough and I got judgment.

 

The deadline for Abbey to pay the remainder was today, and nothing has turned up, even though I spoke to them on Thursday and queried if they intended to pay because "I would hate to get the Bailiffs in on a missunderstanding".

 

Does anybody have any idea how much it would cost to get the Bailiffs in. I looked through the court charges and it seems to imply £55 for the warrant and £95 to serve it. Does that seem right, or have I misread it.

 

Also, can Abbey still apply for set aside, even though the case was three weeks ago and they were due to settle today?

If money is the route of all evil, I must be a Saint

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1847 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...