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mariejader v Abbey **DEFENCE STRUCK OUT!**WON**


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Any form of Litigation is drawn out - its just the banks way of hanging onto your hard earned money for longer.

 

Dave - I wish Barclays would give in and give me my £4k back now :-)

Barclays - £4k - Hearing Date 19th Sept 06

Smile - £370 - Refunded in Full

Capitla One - £100 LBA 25/5

Virgin ? Data Protection Act 25/5

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Basically the banks are playing the odds. They are paying back those who complain, but they know that most of those people will go away happy because they got some money back, and 99% plus of the people who have paid bank charges just won't be bothered fighting it anyway.

 

It's just good business, and no big deal to them. Hopefully the more people that fight back, the sooner we will see justice.

I only mouth my opinion, please look elsewhere for sensible advice! :)

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I agree - we are only a minority and the banks know this.

Halifax -

LBA sent 12/05/06 for £1,232

 

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Yes, obstruction seems to be their weapon of choice...frustrate you enough and you might just go away. However, they must realise sooner or later that we WON'T go away...and all the obstacles they place in our way will seem as naught.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Not one has taken it to court - with the exception of Natwest - it's only the courts admin people that get busy with it - and if you consider that (as far as this site is aware) there have still only been 130 odd cases started through the courts.

 

Barclays, for instance are giving in if you ask now - first they offer 50%, then the full amount when a refusal is received.

 

Actually Dave, In my case, they said sorry (aka FOAD) £300 is all we are prepared to give you ! If you didnt take our original offer, tough luck !

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How much did they owe you?

 

If it is less than £300, then I would start proceedings for recovery.

 

They've made it clear that they will not give in and give your money back without this, and by doing so are not leaving you any choice.

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Not one has taken it to court - with the exception of Natwest - it's only the courts admin people that get busy with it - and if you consider that (as far as this site is aware) there have still only been 130 odd cases started through the courts

 

130 cases is far less than I thought:rolleyes:

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Dave,

 

I have already started a claim against then (status: they have 13 days to reply). Without interest and costs, the amount came to £910(ish). Now that a claim has been lodged its coming in at around £1210 including fees and interest. Although proof reading it several times also, I made a mistake on the claim (I repeated the same sentance twice in a row - oops) but they get the idea im not messing round

 

After Barclays, its First Direct for a few £££ :)

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Hold on- I'm confused!!! Is this thread about Abbey??? If it is, and they're trying to say that everything past a certain date is held on microfiche, then they are simply lying.

 

I did a DPA request with Abbey at the end of 2005 and received, in good time, a stack of computer printouts (obviously not photocopies of microfiches, or anything like that) going back to the early nineties. Every page is printed on Abbey headed paper and the information is most comprehensive. It probably runs to about 700 pages. I've even got pictures...

http://i49.photobucket.com/albums/f254/robertxc/Photo-0039.jpg

http://i49.photobucket.com/albums/f254/robertxc/Photo-0038J.jpg

http://i49.photobucket.com/albums/f254/robertxc/Photo-0038.jpg

 

Sorry about the crappy phonecam quality.

 

Do not accept any guff from them about 'microfiche'.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Yes. Just received about 600 pages in the post this morning! Only about 20 of these are actually Microfiche copies, the rest is all the paperwork pertaining to my mortgage account - copies of application forms, letters etc etc.

 

Sheena Small was very helpfull when i spoke to here this morning, and she admits that she has worked with many different types of account, loans etc, but not mortgages. So if you have a question with regards mortgages you will need to speak to the mortgage centre on 0845 6002092.

 

When you look at the Microfiche printouts, the charges all seem to be listed together for the charges in that calender year. They also have payment type codes and movement codes, and although i have only managed to get Abbey to confirm that Payment Type 160 and 161, both under 'Debit Sundry No Grace' are fees for returned payments, there are loads of others under general repayment codes as well.

 

There are also two entries for each fee. One Credit and One Debit. One (presumably the Debit) is the fee being applied to the account, they other (Credit) is the fee being absorbed into the overal outstanding balance of the mortgage.

 

So, presumably, if these fees are unlawfull, and therefore should be repaid by the mortgage company, as with Bank Accounts and the OD interest, am i right in saying that the additional interest incurred on the mortgage account by the addition of these fees to the balance of the account, can also be reclaimed?

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Hold on- I'm confused!!! Is this thread about Abbey??? If it is, and they're trying to say that everything past a certain date is held on microfiche, then they are simply lying.

 

I did a DPA request with Abbey at the end of 2005 and received, in good time, a stack of computer printouts (obviously not photocopies of microfiches, or anything like that) going back to the early nineties. Every page is printed on Abbey headed paper and the information is most comprehensive. It probably runs to about 700 pages. I've even got pictures

 

When I spoke to them they said the microfiche statements will look like computer prints, funny that because I thought microfiche were like negatives that had to be put on a machine and then copied, but the prints were smaller.(showing my age now):rolleyes:

 

I worked for a large mobile phone company who operated a system of scanning everything when it came into the company or whent out if a customer called in you had copies of all correspondance available to you but putting their account number into a computer system, statements were held on the computer system for a time and then sent to be archived, either way it was easy to obtain any information.

 

I think Abbey are not telling the whole truth with regards to these statements but how do we prove other wise?

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Not sure if this will help clarify the situation.

 

Sheena Small is correct in saying that bank accounts only go back about 12-18 months. It depends on the number of transactions on an account I think its about 400.

 

As for the microfiche statements they tend to look like computer printouts rather than statements. Or if your really unlucky you will get little strips of paper with your transactions on!!!!!!

 

As for waiting ages for the statements to come from fiche, they are done manually and the department concerned is crap. Having worked in a branch for over 15 years I would say on average you need to fax the request at least 5 times for you to get the information back. Dont take it personally most of the head office staff are useless.

Ex Abbey Staff....

 

Abbey 15/4/06 SAR. microfiche argument, filled for breach DPA. defence rec'd

LBA sent claiming £3180 estimated

 

Capital One - Full refund

 

MBNA Letter sent requesting money back 1st July

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and the department concerned is crap.

 

LOL - I bet the staff aren't too happy with all the attention that is no doubt being focussed on them at the moment.

 

I wonder how many temps they have had to take on ?

 

 

 

 

 

 

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Ha Ha your kidding Abbey wont take on more staff they will just expect the existing staff to cope, or to work overtime without being paid for it!

 

 

I must admit I'm curious what Santander will do about this whole situation, as they reckoned that Abbey wasn't profitable, and thats before all this started. Rumour we heard last year was if they couldnt turn the companies profits round in two years they were going to sell off the mortgage books to the highest bidder, and shut the whole operation down (a bit like Abbey did to N&P). Very difficult to claim against a bank that no longer exists lol

Ex Abbey Staff....

 

Abbey 15/4/06 SAR. microfiche argument, filled for breach DPA. defence rec'd

LBA sent claiming £3180 estimated

 

Capital One - Full refund

 

MBNA Letter sent requesting money back 1st July

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I know I am not the only one who has been advised by Ms Small that statements were on Microfiche, I am still waiting for my copies and I am now wondering if anyone has received any Microfiche statements from Abbey?

yes i have actually recieved 6 years worth of microfiche statements and they didnt cost me a penny now for the next stage

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I was told my DPA cheque would be passed onto the microfiche people and I would hear from them.

 

Instead I got a form from the microfiche people asking for £10 for multiple statements.

Abbey (Charges on 3 accounts and default on my credit record) - DPA letter sent 30/03/06 - 40 days limit is 9th May - Recieved DPA printouts 05/04/06 with microfiche "fob off" letter. <p>Barclaycard (Charges on 1 account and default on my credit record) - DPA letter sent 03/04/06 - 40 days limit is 13th May - Recieved some statements 08/04/06 along with DPA printout and a microfiche "fob off" letter. Claim for £340 sent 11/04/06

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I see. In the letter I sent the DPA team last week I said I thought they were trying to fob me off and said that as I had made the request for info under the DPA I expected my stuff within 40 days. I will follow it up with your letter as well.

 

I am not sure if it has been refused as I have been sent SOME stuff just going back about 18 months, just having hassle over the older stuff.

Abbey (Charges on 3 accounts and default on my credit record) - DPA letter sent 30/03/06 - 40 days limit is 9th May - Recieved DPA printouts 05/04/06 with microfiche "fob off" letter. <p>Barclaycard (Charges on 1 account and default on my credit record) - DPA letter sent 03/04/06 - 40 days limit is 13th May - Recieved some statements 08/04/06 along with DPA printout and a microfiche "fob off" letter. Claim for £340 sent 11/04/06

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So long as they end them, dows ir matter whether it's DPA or not?

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Has anyone contacted teh Information Commisioners office yet regarding Abbey's failure to supply the bank statements as requested?.

 

I am pretty sure that a few of us will be doing so in the next week or two so it would be good to have some feed back from others

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Yes did so a few weeks ago and have heard nothing from them since. However, on Saturday received a print out of all transactions on my account covering the last 6 years. Then this morning had a letter from Abbey offering 2k in full and final etc. It has risen another grand in the last hour (via email) as they are pretty desparate to settle. Not in any rush to email back.

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Then this morning had a letter from Abbey offering 2k in full and final etc. It has risen another grand in the last hour (via email) as they are pretty desparate to settle. Not in any rush to email back.

Do you mean actual email, or 'secure messaging' through your online account? I would be keen to know, as HSBC don't seem to like using either...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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