Need some advice Please....

[Natasha]

Hello Guys,

 

I have had to put my claims on hold recently due to lack of time and family problems.

 

Abbey have really been messing me around, as you may or may not know abbey did provide me with statements but only up to July 2004, i have requested and requested and still no hope...

so shall i send the template in the library, letter before action Failed DPA request?

or shall i just claim an estimated amount? i know of £1306 already but i'm still missing quite a few statements.

 

what's your advice?

[NeilP]

Natasha,

 

If you have not received the information requested in your DPA request within the 40 days time frame, you need to take further action.

 

I believe there are sticky threads about this, and loads of other threads from people in the same position as you.

 

Please excuse my vagueness, but i have not been in that situation but know loads of people have been in this forum.

 

Don't let Abbey grind you down to the point you give in...... keep going, if all else fails, I think that you can provide estimates for your preliminary and LBA letters, but do make sure that you clearly mark that the amount is an estimate.

 

Good Luck

 

Neil.

[alanfromderby]

so shall i send the template in the library, letter before action Failed DPA request?

or shall i just claim an estimated amount? i know of £1306 already but i'm still missing quite a few statements.

 

what's your advice?

 

 

My approach was to send the faild DPA letter before action first. Then after the seven days, I issued the CC claim for non-compliance, and sent Abbey an estimated prelim.

[joneshousehold]

Our claim includes an estimated amount for 1 year. I have warned Abbey that if they don't produce the information and it goes to court, I believe the court will require an explanation from them. You could estimate the charges for the earlier period on a time basis (eg £1306 for 2 year so six years will be 6/2 which total £3918. You could then tweak it for periods when you know charges were more frequent and say £4500 or reduce it on the grounds that each charge was less in earlier periods, say £3500) It really is up to you how you calculate it and as long as you have told Abbey how you got to the figure it is for them to show you the real amount. For that reason I would be inclined to make it as high as you can justify otherwise there is no incentive on them to make the effort to look and you may lose out on some money. Interest charges will be difficult to calculate but you could put a composite annual or monthly figure in the spreadsheet using an approx date the charges would have been levied. At least then the courts would see you have tried (or in fact they won't because it is unlikely to get that far)

 

Alanfromderby is also taking them to court for non compliance with DPA - have a look at his thread. Dave (the administrator) has also suggested reporting banks to OFT for DPA failures.

 

My inclination is to put the pressure on them by pointing out their failings, after all they will do the same to you given half a chance.

 

Good luck with your claim and remember we are all with you on this.

[Natasha]

Many thanks guys!

 

I'm sending the LBA failed DPA recorded delivery, along with a priliminary letter to barclay card and LBA to capital one!

 

I'M BACK!!!

[joneshousehold]

Go get 'em!

[Natasha]

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