Rachybabe V Abbey

[Rachybabe]

Hi as you can all see this is my first post on here. I have been reading for a while and thought I would start this off.

The progress so far..........

I sent DPA Request letter to the Abbey on 03/03/07, I then recieved the last 14 months worth of statements in the post on 05/03/07.

Am I right in think the 40 days that they have to send the rest is 40 working days? Or is that including weekends?

I rang the bank up on tuesday (27/03/07) to checck progress on it. The guy told me that the rest was processed on 23/02/07. I think he was confused and that the most recent 14 statements were produced then.

I have just tried ringing again in the hope that I could speak to someone who is english who could let me know whats happening with it but seems their phones are playing up as I cant get past the options.

I sent the 10.00 fee in as a request to take it out of my bank directly. I had a charge for 10.00 come out and the description of it is Cheque withdrawal, Bradford Savings O Seeing as I dont have a cheque book could this be what that debit was for? It was taken from my account on 14/03/07.

Sorry so many questions but this is all really confusing me, lol! I have read so much about it all thinking that will help but its just confusing me more, lol!

[Rachybabe]

Anyone? :S

[JAMES33]

Hi rachybabe, the 40 days include weekends and bank holidays etc. The best way to calculate it is to count 40 days on your calendar from the date the Abbey received your letter (assuming they probably received it on 5th March, that takes your 40 days to 14th April). I would assume that the £10 fee was your DPA fee. There is a template letter in the library that you then need to send off if Abbey have still not sent you all your information.

Well done for starting to claim your money back, don't worry about asking questions, we all need to do this at some point and everyone on here is so helpful!

[Rachybabe]

OK, Im getting a little bit worried now as I have still not recieved my microfishe through. The 40 days is up on friday. Should I prepare the reminder letter now ready to pop in post on friday if still not here of should I wait until saturday because of all the bank hols we have had?

I was hoping to have then soon as I go on holiday on monday and wanted to get my initial claim letter off to them before I go away.

[Guest littlesally]

At the moment the banks are beng inundated with requests for statements, so are taking longer.

 

A friend of mine, claiming with Natwest, has waited 50 days, sent a letter of non-compliance http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html then rang them. The woman he spoke to said reporting them or taking them to court will not make things go any quicker, they are sorting through as quickly as possible.

He said she sounded so weary he felt sorry for her.

 

You could send the letter I've put a link to, but ............ I think it's probably a time for patience.

 

Sally x

[Glenn UK]

If you don't get your data within the 40 days then either send them the 7 day LBA and complain to the ico or do one or the other.

 

If you dont and for whatever reason your info doesn't turn up you may have lost the right to complain formally and might have to give them more time.

 

They claim it wont make any difference, my understanding is that if the bank has your info getting a claim from is likely to focus their minds on your particular request.

 

HTH

 

Glenn

[Rachybabe]

I have the LBA letter ready to print off and send. I have my fingers crossed that I recieve it in the post today but not holding my breath. Its really frustrating as I wanna get started. This money is gonna make such a huge difference to me and my 2 kids that I just wanna get my grubby mits on it, lol!

[Rachybabe]

Just a quick question! Exactly which charges can we claim back? I know we can claim for bounced payment charges and cleared payment charges but can we claim back the amount they charge for going over the over draft limit? I have a few of these but unsure whether or not we can include them. Many thanks xxxx

[JAMES33]

You can claim back the interest they have charged you for going overdrawn but only that part of your overdraft caused by your charges. There is a spreadsheet that will calculate this for you but you would need all your statements as you have to be able to insert details of the charges and interest charges and the dates they occurred and also the balance of your account at the time the charges and interest went out. It is quite time consuming to do but it is possible. It might be worth considering if you were overdrawn most of the time (like me!) and you had lots of interest applied to your account. Hope this helps! GOOD LUCK WITH YOUR CLAIM!

[Rachybabe]

I understand the interest part of it and have already started filling the spreadsheet out for the statements I already have. But there are charges for 20.00 that says in the description "you went over your overdraft limit" On a few months I have been charged this as well as the overdraft interest. Its this fee that I need to know whether or not I can claim back.

[Rachybabe]

Also I just rang Abbey and spoke to a lady just to see what the progress is on the microfishe and she said they were requested on 08/03 but she said that she has sent a "chase up" through, has anyone had this and in your experience does it actually work? She also took my contact number incase they needed to get hold of me!?!?

[Guest littlesally]

I understand the interest part of it and have already started filling the spreadsheet out for the statements I already have. But there are charges for 20.00 that says in the description "you went over your overdraft limit" On a few months I have been charged this as well as the overdraft interest. Its this fee that I need to know whether or not I can claim back.

 

Yes Rach, you can.

No idea about the chase up.

 

sally x

[Rachybabe]

Right, I have just rang and spoken to the complaints dept as the 40 days is up tomorrow and still not recieved the microfishe. There is nothing on my account to say they have been sent out. So....I have my letter ready to print off and pop in post tomorrow giving them another 7 days before taking further action.

I read on the Templates forum where I got this letter from and it mentioned sending prelim letter at the same time by estimating the charges for the period I am missing statements for. Is this something I could do as I really wanted to send prelim before going on my hols on monday. If it is something I can do then how do I go about showing that its estemated on the spreadsheet?

[Rachybabe]

Any ideas?

[Rachybabe]

Right, I took my Prelim letter and my Data Protection LBA into town to post recorded delivery today. But decided that rather than doing that I took them both into my branch to be sent through their internal mail. I got a reciept from the cashier but it was hand written. Is that OK? She has signed it and put date and that its to the complaints dept in milton keynes. Now just gotta sit back and wait it out.

[noobrider]

your doing fine Racchy

[Rachybabe]

OK, just got back off my hols on Monday and have the standard letter from the Abbey "we are sorry you are unhappy and felt you needed to complain blah blah blah" from what I have read this is their usual reply. The 14 days is up on monday so will get my LBA ready. Im hoping that they make a GOGW before I have to take them to court as I have no money at the moment whatso ever and am behind on my rent. Plus they are taking out another 85 pound in charges on the 4th.

Its really getting me down now. I have so much debt stacking up and really need this money from them but dont have the money to be able to take them to court to get it.

Sory Im going onto a rant now so will stop. Just getting a bit worried that i wont be able to go through wit hit.

Can some or you let me know if and when you got a GOGW? Thanks a lot xxx:(

[Glenn UK]

i never got a GOGW form abbey and the case has been ongoing for 9 months now, although i have pretty much everything i want apart from one small thing.

 

Glenn

[Guest littlesally]

I was in the same positon as you, not being able to afford the payout for court, so Hagenuk helped me write the letter below. They agreed to pay me the charges back within days of mailing. Although it was to NatWest, so needs the name in it changing. Sent it when I got the reply to LBA.

 

Also I was given this which may help you

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetLeaflet.do?court_leaflets_id=172

 

Dear Sir

 

Thank you for your letter dated 16.11.06 from Mr. Stuart Higley.

 

It is clear from your letter that you are under the impression that I will not issue a claim against you for the return the unlawful bank charges debited from my account.

 

I am writing to inform you that this will be the next stage unless I receive full payment in the next 7 days of the £380 detailed in my previous letter to you.

 

However, please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts

 

If you do not intend to defend your charges in court, but hoping that I will "just go away" I should to point out that this will not happen and you will incur further costs against you.

 

Take note that I will draw the Court’s attention to the fact that you have not made any attempts at settlement in accordance with the overriding objectives of CPR. Furthermore I will submit this letter to the Court as further evidence of your intransigence with my case despite my attempts at settlement and the settling by your company of all other similar claims to date.

 

Alternatively, in accordance with the overriding objectives of the Civil Procedure Rules I would like to give you the opportunity to settle this issue without the need to take the time of the Courts. My claim is for £380.00. If you could ensure that this sum is paid into my bank account within seven days I will inform the court that this matter is settled. If you wish to pursue this course of action please telephone me to obtain my account details.

 

Please do not waste any further time with something you do not intend to defend.

 

Yours sincerely

[Rachybabe]

OK. I sent my LBA and the 2 weeks are up today. I have just rang the complaints dept to see if anything has been actioned and she informed me that a letter was produced on 14th May saying that they need more time to investigate my claim. So i should get that letter today.

 

So now is the time I need to get cracking on the court stage of my claim but I dont have the money to be able to submit my case.

 

I am on income support at the moment and saw somewhere that I may be able to get help in paying for the costs. Can anyone point me in the right direction for this info?

 

I need to get this sorted ASAP as Im getting in serious debt at the hands of the abbey putting more charges on my account. I have opened a new account now which I am actively using but I am in serious trouble with rent arrears due to the abbey constantly taking charges from my account befor my rent is due to go out.

 

Im getting quite anxious now as I need this money. Sorry to waffle but its so hard with 2 young kids on my own.

[cassie2006]

Rachybabe

 

Just read your thread. Please try to stop worrying - though, believe me, I know it's not easy.

 

Hopefully someone else will point you to the thread but I'm pretty sure that if you are on benefits there's a way you do not have to pay for your claim.

 

Good Luck:)

 

Cassie

[Guest littlesally]

Posted this earlier for you.

There is no need to panic, that tends to make people make mistakes.

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetLeaflet.do?court_leaflets_id=172

 

You'll be fine,

Sally x

[preciousprincess]

This is mentioned a couple of posts ago.

http://www.consumeractiongroup.co.uk/forum/login.php?do=logout&logouthash=d7b22ce1c724916f3934d105f797fd34

 

Click there and it will give you instructions

 

PP

[Rachybabe]

Just clicked on that link and it says its had problems logging me out or something.

[preciousprincess]

Don't know why that's not working.

It is further back on your thread. Try it there

 

PP