Jump to content


  • Tweets

  • Posts

    • It is not as simple as you seem to suggest. 1. My wife needed the car and there are no local public transport facilities within 2 miles. 2 Neither of us has the technical expertise to change a battery. 3 Not only does the battery itself have to be appropriate for stop/start technology; but also, according to the handbook, has to be registered with Mini by a recognised agent, which I am not, neither is Big Motoring World. 4 The car had to be towed. Where was I going to have it towed to where I could be sure it would be properly dealt with? I couldn't trust Big Motoring World to do it. I couldn't have it towed to just any garage and be sure they had the right battery and the time to fit it. 5 The high sum involved is mainly for the diagnostic test which Big Motoring World asked me to obtain; and they did not initially raise any objection to the car being taken to the nearest main dealer. I would not have got the diagnostic test, if they had not asked for one. So, I understand where you are coming from, but having ignored requests for reimbursement, what else could I have done to recover my lay out?
    • Thank you FTMDave.  I'm happy to make your suggested changes.  I'll wait a day or 2 to see if any of the team have any other suggestions or feedback.  Do I then just email a copies to both UKPC and the court? Lookinforinfo - Unfortunately I am not sure if the signs have since been changed and cannot recall seeing any on the night as it was dark.   
    • The US confirmed it revoked licences allowing the export of some goods to Chinese tech giant.View the full article
    • I can't imagine that EVRi will want a judgement against them on this and based on this argument. I reckon you have a better than 90% chance that they will try to reach out to you before the trial date. They know that what they are doing is thoroughly wrong and dishonest and contrary to law. They are following this thread, of course – and they've already seen this witness statement. I imagine that they are scrabbling around trying to understand how they can extricate this without using too much face. I suppose they will make an offer to you which is a few quid short of your claim in order to say that they were justified in being stupid. Hold out for every penny. It's your money and you deserve it. It's not their money and they don't deserve it
    • New paragraph 47 – If you insert that – and move everything else down then I think you are good to go. Well done on going through the mill on this but it looks pretty good
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Rachybabe V Abbey


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

Thread Locked

because no one has posted on it for the last 6179 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

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!

:???:

SAR sent on 03/03/07

14 months statements recieved 05/03/07

DPA fee debited 14/03/07

40 day limit expires on 13/04/06

Link to post
Share on other sites

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!

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

Link to post
Share on other sites

  • 2 weeks later...

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.

SAR sent on 03/03/07

14 months statements recieved 05/03/07

DPA fee debited 14/03/07

40 day limit expires on 13/04/06

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

Link to post
Share on other sites

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!

SAR sent on 03/03/07

14 months statements recieved 05/03/07

DPA fee debited 14/03/07

40 day limit expires on 13/04/06

Link to post
Share on other sites

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

SAR sent on 03/03/07

14 months statements recieved 05/03/07

DPA fee debited 14/03/07

40 day limit expires on 13/04/06

Link to post
Share on other sites

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!

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

Link to post
Share on other sites

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.

SAR sent on 03/03/07

14 months statements recieved 05/03/07

DPA fee debited 14/03/07

40 day limit expires on 13/04/06

Link to post
Share on other sites

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!?!?:confused:

SAR sent on 03/03/07

14 months statements recieved 05/03/07

DPA fee debited 14/03/07

40 day limit expires on 13/04/06

Link to post
Share on other sites

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

Link to post
Share on other sites

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?

SAR sent on 03/03/07

14 months statements recieved 05/03/07

DPA fee debited 14/03/07

40 day limit expires on 13/04/06

Link to post
Share on other sites

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.

SAR sent on 03/03/07

14 months statements recieved 05/03/07

DPA fee debited 14/03/07

40 day limit expires on 13/04/06

Link to post
Share on other sites

your doing fine Racchy

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

Link to post
Share on other sites

  • 2 weeks later...

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:(

SAR sent on 03/03/07

14 months statements recieved 05/03/07

DPA fee debited 14/03/07

40 day limit expires on 13/04/06

Link to post
Share on other sites

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

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

Link to post
Share on other sites

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

Link to post
Share on other sites

  • 3 weeks later...

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.

SAR sent on 03/03/07

14 months statements recieved 05/03/07

DPA fee debited 14/03/07

40 day limit expires on 13/04/06

Link to post
Share on other sites

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

Link to post
Share on other sites

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

SAR sent on 03/03/07

14 months statements recieved 05/03/07

DPA fee debited 14/03/07

40 day limit expires on 13/04/06

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...