EricTheRed v Abbey

[NeilP]

Eric,

 

If you have no money going into your Abbey account, no payments coming out, what can Abbey do about your O/Draft?

 

Seriously though, If your claim is for more than your OD then write to them stating that the amount they are claiming you owe them (your OD) is in dispute, and until such time that the dispute is resolved you will not pay any further money into your account, and request that any interest being levied onto your account is frozen.

 

Then, when you get your claim paid, pay off your OD and spend the rest on something nice!!

 

If your claim will not cover your OD, then still say it is in dispute, but also offer an amount each month that you can afford to pay it off bit by bit. If they tried to get Debt Collectors or a Court Order against you for the OD, then you can state that you have tried to come to an arrangement with them but they have refused all your offers. This will not look good for Abbey from any angle.

 

Neil.

[Bexybexbex]

I'm interested in this as well, HSBC are trying to charge me £1 per statement for the last 8 years, (last 12 months for free) I know this may be nothing compared to what I may get back but reluctant to spend money. Barclays have just charged £5 per statement but 1 statement spanning 4 years is allowed!

[jonni2bad]

Some people are currently claiming, but as this is quite new I don't think they have reached settlement yet.

 

If you have not received the full charge details from the bank, you are advised to issue the DPA Non-compliance LBA and give 7 days notice of court action for that.

 

If still no reply, issue the N1 Court claim for the breach of DPA and then issue a court claim for monies based on estimates.

 

I.E. - You have 12 months of charges, equalling £300

 

6 years x £300 would be £1800, so that would be your best estimate until you are informed of correct charges by the bank.

 

DPA letters are in the Templates Library.

 

Does that help any?

[Bexybexbex]

Groovy thanks for that. HSBC here I come! Then it's onto Natwest. One battle at a time.

[jonni2bad]

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[EricTheRed]

Well after reading Seminoles excellent thread I feel that I am now in a bit of a predicament.

 

As you can see from the above postings my overdraft has been withdrawn by Abbey and despite the fact I wrote to them begging and pleading for a pay down arrangement they have withdrawn the facility and sooner or later they will ask for a full repayment. I’ve opened a parachute account with another bank and all my DD’s are being paid (including my Abbey mortgage).

 

My current situation in respect of the claim against Abbey hasn’t changed, apart from the fact that it hasn’t been issued yet as I’ve just got myself into a position of being able to afford the court fee.

 

As you are aware my claim is based on a reasonable estimate on their claims for the past 6 years because they have failed to supply me with a list of transactions which would have enabled me to submit a correct claim. After reading Seminoles thread if my case goes before a judge then could Abbey argue that they have supplied the information in accordance with the DPA? The judge could say that they are correct and that my estimate is not correct and then order them to pay what they have taken based on the statements they have supplied.

 

I could go down the route that Seminole has taken and hold out for a full list of transactions and get into a long winded exchange of letters between DLA and the Information Commissioner or I could just issue my estimated claim and let a court decide. If it went to court and the judge requested that they provide all transactions going back 6 years should I then ask they supply this from their microfiche records thus nullifying their contention that microfiche does not form part of a relevant filing system?

 

This is causing me no end of stress at the moment and the thought of having to square up to their lawyers in court fills me with dread even though I am aware of the legal basis of the claim and will have a buddy with me.

 

My opinion is to go ahead with the claim and report them to the IC.

 

Could anybody advise please?

 

many thanks

[Dessie]

I can't help much with regard to the estimation of charges I'm afraid, but I would have thought you would require exact charges info if it goes as far as court as Shabbey could just say to the court that you are claiming too much as they are aware you dont know the exact level.

 

As far as the overdraft goes, I am had the same 'review' letter and I am now getting 'you are over your overdraft limit' letters. I have contacted the Shabbey and told them that I will not be clearing the overdraft as I am disputing the charges levied on the account, yet 1 week later I get another letter demanding clearance of overdraft from a different person!

 

They will be getting a letter in reply to every they send me.

[Seminole]

Well after reading Seminoles excellent thread I feel that I am now in a bit of a predicament.

 

As you can see from the above postings my overdraft has been withdrawn by Abbey and despite the fact I wrote to them begging and pleading for a pay down arrangement they have withdrawn the facility and sooner or later they will ask for a full repayment. I’ve opened a parachute account with another bank and all my DD’s are being paid (including my Abbey mortgage).

 

My current situation in respect of the claim against Abbey hasn’t changed, apart from the fact that it hasn’t been issued yet as I’ve just got myself into a position of being able to afford the court fee.

 

As you are aware my claim is based on a reasonable estimate on their claims for the past 6 years because they have failed to supply me with a list of transactions which would have enabled me to submit a correct claim. After reading Seminoles thread if my case goes before a judge then could Abbey argue that they have supplied the information in accordance with the Data Protection Act? The judge could say that they are correct and that my estimate is not correct and then order them to pay what they have taken based on the statements they have supplied.

 

I could go down the route that Seminole has taken and hold out for a full list of transactions and get into a long winded exchange of letters between DLA and the Information Commissioner or I could just issue my estimated claim and let a court decide. If it went to court and the judge requested that they provide all transactions going back 6 years should I then ask they supply this from their microfiche records thus nullifying their contention that microfiche does not form part of a relevant filing system?

 

This is causing me no end of stress at the moment and the thought of having to square up to their lawyers in court fills me with dread even though I am aware of the legal basis of the claim and will have a buddy with me.

 

My opinion is to go ahead with the claim and report them to the Information Commissioner.

 

Could anybody advise please?

 

many thanks

 

From what you've said, you don't seem to have followed the DPA non-compliance legal path. This is set out in the FAQs and Library. This is normally the best approach to take as issuing an estimated claim without obtaining the transaction data or issuing a DPA claim could get you into difficulty.

 

In your case a valid approach would be to proceed down the DPA non-compliance path. Assuming that they are already outside the 40 days, send them a letter before action demanding compliance with a short (say 5 day) turnaround time. If they don't then comply, issue a section 7 claim. This should cost you £30. At the same time issue a claim for the charges that you do know about and have evidence for but mention in the particulars of claim that Abbey haven't complied and that you may seek to vary your claim when they provide the information.

 

In the unlikely event that Abbey don't supply the information until after the known charges claim is settled, you could issue a second claim for the amount in question.

[EricTheRed]

Many thanks Seminole. Letter going today and I'm back on track.

[EricTheRed]

Just a thought.

 

If Abbey were to take me to court in respect of my unpaid overdraft and I then disputed the claim on the basis and that I wanted them to confirm where they got the transactional information from and was it retrieved from their microfiche records then would this shoot their current argument down in flames or are they really just stalling everybody on the SAR status? If they took action against me for recovery of the overdraft I would bet my shirt that the information in support would come via their microfiche system thus confirming what a set of vindictive b@st@rds they are and that their system is used when it is to their advantage.

 

Rant over…………….

[jonni2bad]

My guess is that they wouldn't take any legal action (in the short term) for recovery of the overdraft. Far more likely would be that they will issue a Default Notice requiring you to repay in 28 days, with the threat of marking your credit files.

 

Should that happen, you would need to write and formally make them aware the amount is in dispute.

 

As well as the path above (from Seminole) yo might be best placed to issue a Section 10 Notice from the Template Library. They have 21 days to respond to it, and failue to reply in time leaves them open to further action. The Sec.10 effectively states that 'although I agreed you could put info on my credit files, I never agreed to you putting incorrect info on them' - that type of thing.

[EricTheRed]

Thanks to all for your help. I'll be following karnevils estimated claim against them with great interest and Seminole fight with the Abbey and the IC.

[EricTheRed]

seems reasonable. My own claim is based on the £972 for this year and for the previous 5 years (where they haven't supplied any info) its based on incurring a £75 penalty every 60 days or so. I don't think it's over the top bearing in mind I had £972 in about 3 months or so.

[EricTheRed]

This topic was closed on 03/06/19.

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