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Cookie Monster v Abbey **WON**


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Hi, I'm so happy to be able to say in my first post that I've beaten Abbey!

 

Last year I decided to help my brother reclaim almost four years worth of bank charges as I was sick of seeing the bank take so much of his money every month. After we reported Abbey to the Information Commissioner's Office for breaching the Data Protection Act regarding the SAR, we received all of his statements and started reclaiming in December. At first, they offered £530 as a gesture of goodwill; this was paid straight into my bro's account, so we took this off the initial total of £1,900. After all the usual letters, we had to reclaim the remainder plus 8% interest through the court.

 

Over the last few months we've gone through most of the court process, doing as much as we could at each stage to make things difficult for the bank. For instance, we followed the advice in the 'New strategy for AQ' thread and sent the draft directions off with the Allocation Questionnaire. The judge used some of them and this brought the deadlines forward slightly. We were given a court date of 18th April 07, plus instructions to send a schedule of charges & supporting bank statements to the court and Abbey within two weeks of the order. The bank was given two weeks to respond to that information. So I posted the statements off, along with the court bundles, within a week of receiving the order. Two days later (nearly FOUR WEEKS before the court date), my brother received a letter from Abbey offering to settle the claim in full, that is all of the charges (£1,370), interest as claimed (£223.56), additional interest that had accrued since the date of claim (£15.67), plus court fees (£220). :-D

 

I couldn't believe it! I honestly thought they wouldn't pay up until the day before the hearing. I'm sure those directions are the reason why we've been successful so soon. The bank obviously knew it wasn't able to comply with them, especially within the given timescale, and just gave up. So thank you to GaryH and everyone else who posted details about them, otherwise I'd probably still be waiting now.

 

I've only just posted this message as the money didn't clear until today. Abbey waited six days before paying the 'cheque' in and it took until today to clear. They've even written again to remind us to cancel the claim with the court. Ha! As if we would do that before they paid up! I'm so glad it's over as I can stop worrying now and my bro can pay off his overdrafts and hopefully get out of debt. I'm going to donate now, as there's no way I could have gone through the whole process without this site. So thank you to everyone who has posted on the CAG - not only were the threads informative but they really fired me up! Now, I think some-one owes me a drink... ;)

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I would say that he owes you more than a few, very many congratulations, envigorating and empowering isnt it :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 2 months later...

Cookie Monster,

 

I registered recently not having trawled the site (came from moneysavingexpert) and have a court date next month. Now I find your post with similar user name and the same bank and I am encouraged...

 

Well done you!

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  • 2 months later...

Thread moved to success forum.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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