Estimating part of claim?

[Rachybabe]

Hello, I have asked this in my thread but dont seem to be getting any reply so thught I would post it here.

I sent my SAR on 03/03/07 and recieved the most recent 14 months statements the same week. My 10.00 fee was debited from my account on 12/03/07. The 40 days allowed is up today. I have the letter ready to send them if it doesnt arrive today. The question I have is can I send in my prelim letter based on an esimated amount? I have 40 months statements to work on. I ask this as I saw on the DPA non-compliance thread its suggests sending prelim approach for repayment at the same time but with an esimated amount. Sorry if this doesnt make much sence but any advice would be greatly recieved. Thanks xxxx

[path_finder]

I cannot imagine it would do any harm, you can put in the letter that this is subject to amendment once you have recieved all of your statements. When you send your LBA you can put the full amount of your claim.

I think that at the moment, Abbey are being swamped with SAR requests and cannot keep to the set timescales.

[philread1]

Hello Rachel

 

These sort of posts have become a little more frequent over the past few days.

 

Yes, you can put your Prelim & LBA through with an estimated figure, whether you have some statements to go off or not. As you said in your previous post, at the same time you send in your Prelim, send them the LBA for non-compliance in relation to your SAR. The LAB for non-compliance gives them 7 days before you start court action, but I never carried that through, I just continued with the Prelim & LBA as per my timetable, then proceeded on with my court claim based on an estimation. A few days after they received my court claim, I received the remainder of my statements! After that, I just had to amend my claim which cost £35 which was non-refundable!

 

When estimating your figure, work it out in a way that you can prove to the court of how you came to the figure (even though we know you won't go to court! ), but at the same time don't underestimate, inflate the figure a little so that you don't give the shABBEY any reason to settle your claim on the estimate because in reality they know that if they were to give you the info you are asking for, then the claim could be more!!!!

 

My estimate was for about £10,500, but after I received my statements that went down to £6500!!!!! But I felt that I had estimated quite realistically!

 

I know it all must seem quite daunting and a lot to take in, but you will get there in the end!

 

Take a look at my thread if you are going in with an estimate, and don't be afraid to ask any questions, no matter how stupid they may seem (I've been there!)

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/15330-philread1-abbey-fast-track.html

 

Phil:)

[philread1]

Hello Rachel

 

Don't forget if you send your Prelim & LBA letters in, then you have to send a copy of your schedule of charges with them!

 

Phil:)

[Rachybabe]

Thanks a lot for that phil. You might regret saying I can ask anything, Im full of stupid questions, lmao.

From the statements I already have Ive worked out that on average I was charged 68.00 a month, so multiplying that by the 32 months I am missing info on works out as 2176.00.Should I enter a figure slightly higher than this? Using this figure it takes my claim to 4896.00.

[Rachybabe]

Also, just how do I show the estemated part on the complex spreadsheet? Do I enter the estemated amount at the top in the brown box? If so the how do I transfer it over to the 8% interest side of it (I know I cant use this yet but need to know Im doing it right).

[Michael Browne]

Enter the average charge for each of the first 32 months, either on the same date as charges were debited on the last 40 months statements or if no consistent date, use the middle of the month 16th