Leecabs VS Abbey Nat

[Leecabs]

Hello All,

 

just about to send of my Data Protection Act 1998 Subject Access Request letter tomorrow.

 

I have got an address for Abbey of:

 

ABBEY NATIONAL PLC

ABBEY NATIONAL HOUSE

2 TRITON SQUARE

REGENT'S PLACE

LONDON

NW1 3AN

Do I need to send a copy to my branch address as well?

Also do I just make the cheque out for Abbey National PLC?

Not sure read some threads but didnt see anything regarding this, thanks in advance for any help you can give me

Lee :-|

[Leecabs]

Well have just sent of my Data Protection Letter to Abbey Nits head office with a cheque enclosed for ten pounds. Sent it Special Delivery Next Day 1pm so they will have 40 days from 1pm tomorrow, getting excited already!

 

Just gonna note the delivery reference here in case it goes missing:

ZV 4368 4477 8GB

 

I popped my head into Barclays Bank to see about getting another bank account opened, just in case Abbey want to close my account which wouldnt surprise as they have treated me like dirt over the past 8 years. More about that later!

 

Has anyone else opened parachute accounts? I would love to hear your experinces.

 

When Barclays asked me why I wanted a new account, I said I wanted one to do my billing from that was seperate from Abbey. I think they only want to give me a basic account! I have told them I would need a direct debit account and that I may choose to move my banking completely over to them in the near future.

I have an appointment with a banker on Friday.

 

Can anyone tell me any problems they have had getting a direct debit facility on a parachute account?

Would need it if Abbey wanted to close me down!

 

Thanks

 

Lee

 

27/01/07 Sent Data Protection Letter

[Leecabs]

Well its past 1pm so Abbey Nits clock starts ticking 40 days to go! They should reply Monday 9th April excited!

 

Lee

 

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

[Leecabs]

I have heard some news from a fellow I work with that the office of fair trading is going to make a ruling on acceptable charge rates in April 2007, they are apprently going to set them at £10!

 

Has anyone heard anymore on this?

 

Or a date on the ruling?

 

How would this effect a claim you make before or after the ruling?

 

Everyones thoughts welcome!

 

Lee

[Leecabs]

Just keepin my log up top date, have recieved a year of statements.

 

They were sent 14 days after my data protection letter i recieved them on 14th March so not bad.

 

They took the money out for the Micro-Fiche data on Thursday 22nd March last week. So it looks like I should get everything before the 9th April 40 day deadline shock horror LOL

 

My bank account with Barclays has been set up and they were even kind enough to transfer my overdraft balance. So Shabbey wont be able to do anything to me ha ha ha!

 

A quick question do I just put the cheque amount and details on my statement of charges??

 

Thanks for listening

 

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

14/03/07 1 Years Worth of Statements Recieved from Abbey National

22/03/07 Abbey National cashed my cheque for the Micro-fiche data

[mazamarie]

Wow thats great Leecabs that Barclays did that 4 u!

 

I have overdraft at £465.00 with Abbey we could pay it back but just means bigger overdraft in OH account..

 

Think I'll check Barclays out...

 

It will be great to hear about the ruling but I wonder would this affect our claims as im taking my N1 into court tommorow 28th March 07!

 

Does that mean they might contest payment in full and deduct £10.00 from each fee? from the date the ruling is set in action?

 

Could this really change how people's claims are going if they overlap the ruling?

 

Anyone any idea re this?

 

maz

[fendyweather]

MAKES NO DIFFERENCE WHATSOEVER TO ANYTHING. The OFT is just that. The OFT. Not a law making body. Just one that makes recommendations. They can recommend any amount all they like but at the end of the day, its not law. It can still be challenged. The only thing that can affect anything claiming charges back wise is if Parliament rule on this and change the law, or make a law pertaining to it. It couldnt be used retrospectively either. So basically folks, business as usual. OFT ruling, whatever they say, changes nothing. Nothing. CARRY ON REGARDLESS PEEPS. Fendy xxx

[mazamarie]

Think I just found the answer in the GENERAL forum that put my mind at ease! So anyone else I've got worried with my question go and have a look at the link below...

 

http://www.consumeractiongroup.co.uk/forum/general/70359-about-oft-impending-report.html

 

maz

[fendyweather]

As I said. Nothing to be worried about. Keep them claims rolling peeps. Fendy xxxx

[Leecabs]

Thanks Fendy and Mazamarie,

 

for clearing that up for me feel alot better, they are never going to be able to prove there costs were £10 anyway. If they dont keep statements I bet they dont keep copies of the charge letters they send out!

 

Lets all see them in court! Or not as the case will be LOL:)

 

xxx Lee xxx

[Leecabs]

Still no Micro-fiche data!

 

There was me hoping that Abbey would send me my micro-fiche information within a week of them cashing my cheque but still nothing and its 12 days later now.

 

Toying with the idea of a chaser letter what does everybody think? They only have till Monday 9th April 2007.

 

Thought I would send the below chaser letter from the template gallery with a few alterations:

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam Dated: 03/04/07

 

Account: 4????????

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 26/02/07. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) A list of charges and transactions between 11th February 2001 and 11th February 2006. This is despite you taking £10 for my Microfiche data on 22nd March 2007.

2) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 6 days to comply.

 

Yours faithfully,

 

 

 

 

Leecabs

 

Does that seem ok to everyone?

 

 

Any comments welcome

 

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

14/03/07 1 Years Worth of Statements Recieved from Abbey National

22/03/07 Abbey National cashed my cheque for the Micro-fiche data

[Leecabs]

Hello All,

 

Well the 40 day limit has now expired and I still only have the 1 years worth of statements. Wondering if I should take further action today or wait a few more days, I have already sent a LBA to chase the data warning them they had only 6 days to comply.

 

So think im going to wait a couple more days to see if they come through my front door.

 

Suppose I better look into the next step to taking action against Shabbey for not sending me my data.

 

What a pain they are!

 

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

14/03/07 1 Years Worth of Statements Recieved from Abbey National

22/03/07 Abbey National cashed my cheque for the Micro-fiche data

03/04/07 Sent Letter Before Action (Chasing Micro-fiche data)

04/04/07 Letter Before Action Recieved by Abbey National

10/04/07 40 Day Limit has now expired only 1 years of data sent.

[sutherm]

Hi Leecabs

I am in the same boat as yourself, only I have not sent the chaser letter! After reading yours i am on the case drafting my chaser leter ,

Best of luck, i will keep looking in on you to see how it goes

[Leecabs]

Hi Sutherm,

 

hope we get somewhere with them soon, I will probably give them till Thursday and then call them to see if they can give me a reason for it not being sent.

 

Thanks for taking a interest

 

Will keep an eye out for how your doing to.

 

Cheers

 

Lee

[Leecabs]

Hello All,

 

well after a refreshing break in Rome im back and battling on Abbey are being very slow!

Its now 9 days past my deadline for my data I have waited long enough and have just filled out a complaint form to the ICO (Information Comissioners Office).

 

I have bundled together my correspondence and asked them if they would be so kind to give Abbey a telling off for me.

 

So hope this spurs them on to send out the rest of my data, its 49 days and counting!

 

Will keep this update you all as soon as I know more.

 

Lee

 

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

14/03/07 1 Years Worth of Statements Recieved from Abbey National

22/03/07 Abbey National cashed my cheque for the Micro-fiche data

03/04/07 Sent Letter Before Action (Chasing Micro-fiche data)

04/04/07 Letter Before Action Recieved by Abbey National

10/04/07 40 Day Limit has now expired only 1 years of data sent.

18/04/07 Reported Abbey National to the ICO (Information Comissioners Office)

[Leecabs]

Hello everyone,

 

happier today Abbey sent my charges yesterday typical, the day after I put a complaint in.

 

I have spent last night adding them up and its gonna be around £6000 which is alot more than I expected.

 

I have one quick question if anyone can help?

 

I have counted for Cleared Transaction Charges and Unpaid Direct Debit Charges. My question is do I claim for Unauthorised Overdraft Fee?? These are about £15 a go and are a charge for going over my overdraft.

 

Any help will be gratefully recieved:confused:

 

Thanks

 

Lee

 

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

14/03/07 1 Years Worth of Statements Recieved from Abbey National

22/03/07 Abbey National cashed my cheque for the Micro-fiche data

03/04/07 Sent Letter Before Action (Chasing Micro-fiche data)

04/04/07 Letter Before Action Recieved by Abbey National

10/04/07 40 Day Limit has now expired only 1 years of data sent.

18/04/07 Reported Abbey National to the ICO (Information Comissioners Office)

19/04/07 Recieved full list of Charges from Abbey and withdrew my complaint to the ICO

[Leecabs]

Hiya everybody,

 

Well I totalled my charges and have sent my prelim letter to Shabbey by Special Delivery.

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: **********

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 5 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require

I calculate that you have taken £6185 plus £1390.81 which you have charged me in overdraft interest for the sum which you have taken. Total £7575.81.

I enclose a schedule of the charges which I am claiming with this letter

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully,

 

Leecabs

 

Doubt I will get very far with them, but they have 14 days before I send out my letter before action. I have also included a list of my charges without the 8% interest, will include that when I take action.

 

Its a nice sum of money im going to do it all as one claim, I believe you have to include a letter with your bundle requesting that this be dealt with just by the small claims court so will now look into the next step whilst I wait for Abbey to do nothing as usual!

 

Good luck to all of you with your on-going case x Leecabs x:p

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

14/03/07 1 Years Worth of Statements Recieved from Abbey National

22/03/07 Abbey National cashed my cheque for the Micro-fiche data

03/04/07 Sent Letter Before Action (Chasing Micro-fiche data)

04/04/07 Letter Before Action Recieved by Abbey National

10/04/07 40 Day Limit has now expired only 1 years of data sent.

18/04/07 Reported Abbey National to the Information Commissioners Office (Information Comissioners Office)

19/04/07 Recieved full list of Charges from Abbey and withdrew my complaint to the Information Commissioners Office

24/04/07 Prelim letter sent to Abbey with a list of my charges without 8% Interest. 14 Day Limit.

[Leecabs]

Well time really seems to fly when preparing to sue Abbey LOL

I have sent off my letter before action now so just have to wait and see what Abbeys next move will be. Im expecting a small sum to be paid into my account and then I will send a refusal letter and skip off to court.

Good luck to everyone out there!

Lee

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

14/03/07 1 Years Worth of Statements Recieved from Abbey National

22/03/07 Abbey National cashed my cheque for the Micro-fiche data

03/04/07 Sent Letter Before Action (Chasing Micro-fiche data)

04/04/07 Letter Before Action Recieved by Abbey National

10/04/07 40 Day Limit has now expired only 1 years of data sent.

18/04/07 Reported Abbey National to the Information Commissioners Office (Information Comissioners Office)

19/04/07 Recieved full list of Charges from Abbey and withdrew my complaint to the Information Commissioners Office

24/04/07 Prelim letter sent to Abbey with a list of my charges without 8% Interest. 14 Day Limit.

26/04/07 Abbey respond by telling it will take four weeks to investigate what ever!

08/05/07 LBA Has been sent special delivery to Abbey 14 Day Limit then N1 will be submitted.

[Leecabs]

Hello I have been doing some reading up and have printed off my N1 to prepare to write up.

 

Now my claim is going to be for around £7500 obviously I want this to be handled by the small claims court. Once I have submitted my N1 form I believe the court will normally send out Allocation Questionaire is this how I request to stay on the Small Claim Fast Track? Or should I ask them when I submit my N1 form? I could attach a letter requesting this?

 

A little bit confused

 

Lee x

[Leecabs]

Bump!

 

Please can someone let me know if im doing the right thing waiting the allocation questionaire before asking for small claims court?

 

[Leecabs]

Well its the big day tomorrow I have filled out my N1 form, printed of my charges with 8% Interest and copied 3 times now I just have to submit it in the morning.

 

I have included the below letter requesting that I stay on the small claims track (Fast Track verision I believe):

 

23/05/07

Dear Sir/Madam,

 

(Case No: TBC / Bow County Court)

(LEECABS V ABBEY NATIONAL BANK PLC)

I would like to request that my claim against Abbey National PLC remain in the small claims court and be dealt with by County Court only. I make this request as I do not feel I have the resources unlike Abbey National PLC to make a claim in a Higher Court. This will save time in the courts and not use any further court resources than are absolutely necessary in determining this matter.

In addition, I believe my case is identical in type and complexity to a very large number of other bank charge cases which are also being heard through the small claims track, and so this case should therefore be considered accordingly.

 

Yours Faithfully

 

LEECABS

 

My claim total is £7864.74 including my £250 court fee, so I will be down the court quarter to ten ready to submit.

 

On a different note I did not even get a response offer or nothing from Abbey after my letter befoe action how rude!!

 

Well hopefully they wont get there act together I would rather have no contact with them and just wait for a judgement in my favour.

 

Good luck to all of you after the nervy last couple of weeks (due to the Lloyds debacle), lets hope everything is getting back to normal.

 

Leecabs:D

 

 

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

14/03/07 1 Years Worth of Statements Recieved from Abbey National

22/03/07 Abbey National cashed my cheque for the Micro-fiche data

03/04/07 Sent Letter Before Action (Chasing Micro-fiche data)

04/04/07 Letter Before Action Recieved by Abbey National

10/04/07 40 Day Limit has now expired only 1 years of data sent.

18/04/07 Reported Abbey National to the Information Commissioners Office (Information Comissioners Office)

19/04/07 Recieved full list of Charges from Abbey and withdrew my complaint to the Information Commissioners Office

24/04/07 Prelim letter sent to Abbey with a list of my charges without 8% Interest. 14 Day Limit.

26/04/07 Abbey respond by telling it will take four weeks to investigate what ever!

08/05/07 LBA Has been sent special delivery to Abbey 14 Day Limit then N1 will be submitted.

[Leecabs]

Well I marched on down to Bow County Court this morning and submitted my N1 Claim Form, list of charges and small claims request letter plus the £250 fee cripes thats alot of money!

 

So the lady at the court said the claim should be recieved by Shabbey tomorrow morning so they have 14 days to respond to it. Heres hoping they ignore it and I can ask for a judgement on 7th June. Of course having ready other peoples threads Abbey are likely to defend and im likely to get a directions hearing some time this year or next LOL!

 

Still its all about patience! My claim total is £7864.74

 

I cant believe I have been doing this for nearly three months now.

 

Take care all I will update you when I hear anymore.

 

x Lee x

 

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

14/03/07 1 Years Worth of Statements Recieved from Abbey National

22/03/07 Abbey National cashed my cheque for the Micro-fiche data

03/04/07 Sent Letter Before Action (Chasing Micro-fiche data)

04/04/07 Letter Before Action Recieved by Abbey National

10/04/07 40 Day Limit has now expired only 1 years of data sent.

18/04/07 Reported Abbey National to the Information Commissioners Office (Information Comissioners Office)

19/04/07 Recieved full list of Charges from Abbey and withdrew my complaint to the Information Commissioners Office

24/04/07 Prelim letter sent to Abbey with a list of my charges without 8% Interest. 14 Day Limit.

26/04/07 Abbey respond by telling it will take four weeks to investigate what ever!

08/05/07 LBA Has been sent special delivery to Abbey 14 Day Limit then N1 will be submitted.

23/05/07 Submitted by N1 Claim Form, List of Charges, Small Claims Court request Letter to Bow County Court and paid £250.

[Sue Loftus]

Hi Lee

 

I too have my case going through Bow County Court. Received my allocation questionnaire today - my claim is for over £5,000 with interest and am beginning to get very worried! I've updated my thread and hope someone can help me out here as I just want the bleeders to settle!!

 

Good luck with yours - expect you'll get an AQ too if its the same judge that deals with your forms.

 

Keep me posted how you get on

 

Sue

[mazamarie]

Good Luck!!! Leecabs and thanks for the support...

 

I will keep an eye on you.

 

Anyhow Its my birthday Sunday one year off 40 (boo) were away camping up at Lake Coniston in Cumbria (1 1/2 - 2 hours from home) but Im doing a craft fair with my jewelery 9-4 Sat, Sun & Mon so not much of a holiday 4 me but kids/oh can have fun...

 

Maz

[Leecabs]

Happy Birthday for Sunday Maz x x x

 

and Hi Sue thanks for the message of support x x x