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markb28 v abbey


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:) Hi there, 1st post

 

I am currently trying to claim my charges back from both Abbey and MBNA for two old accounts.

 

After 50 days I have just received a list of charges from both accs. MBNA have given me a full list of all charges which I will shortly try and claim in full.

 

However, Abbey have only given me my charges going from 2001 to Jan 2004, totalling £1249. I closed the account in September 2005. What should I do to get a list of the other charges from Jan 04 to Sep 05? Should I call the mysterious Pam Speed or contact the Information Commisoner.

 

One other thing although I wrote to MBNA to get the charges, the charges came back on an Abbey letterhead. Should I now write to the new address (the name listed is Rachel Claridge) at Chester Business Park?

 

All help appreciated.

 

Cheers

 

Mark

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Hi Mark

 

Yes give Pam a call and tell her they havent sent you the most recent transcations, remind her they are over the 40 days and that you will be complaiing to the ICO. Was the account in use betweem jan 04 and sept 05 ?

 

MBNA yes use the address on the letter to reply to - chester one.

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  • 2 weeks later...

Still waiting for Abbey to give me my details from Jan 2004 - July 2005, I seem to be speaking to a new person each time I ring who "will put a note on my file", whatever that means.

 

Does anyone know a good person to call about a former accounts missing charges- it's driving me mad.

 

Cheers

 

Mark

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  • 2 weeks later...

Ok still not received the missing statement and I have lost all faith in Abbey. Could I just estimate the charges as I don't want to wait any longer. If so how could I go about this? Waiting nearly three months for statements and countless letters, letters to the info commissioner all to no avail. I have calculated as much as I can, would probably estimate 1000 for Jan 2004 - Jun 2005.

 

Anyone advise me as to my next step? I just want to get my claim going so I can get rid of Abbey for good.

 

Thanks

 

 

Mark

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Have you submitted a complaint to the Information Commissioners? In the meantime, you could estimate your missing charges. A popular way of doing this is to look at the charges you have received in the statements you do have and work out an average per year, then use this figure for the statements you are missing. You could also write to Abbey informing them that you will be submitting an estimated claim to the Courts in 7 or 14 days if you have not received your missing statements by this date. Good luck!!

[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]

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  • 1 month later...

OK, after winning my case against Abbey/MBNA (they overpaid my claim by £330 -suckers!) I have just started court proceedings against Abbey bank. I have received the standard responses to the LBA and preliminary approaches.

 

I have a claim for £1836 inc. interest and costs underway, started on Monday. I guess Abbey will acknowledge, defend, AQ and then settle eventually.

 

My question is what should I do next? Should I send the spreadsheet of charges to the court for Abbey? or hang tight and wait for the defence and AQ and then respond?

 

At which point should I mention strike outs/abuse of process by Abbey?

 

All help welcomend.

 

Mark

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If you haven't sent a copy of your spreasheet detailing the charges + the s69 interest to Northampton you should do it now. Send two copies, one for Abbey, one for the court and keep one handy for yourself.

 

Abbey will acknowledge and defend, they always do. The case will be transferred by Northampton to your local court and they'll probably dispense with the AQ. Your local court might want one, but not always, then it's a matter of waitng for directions from the court and taking action on whatever it is they tell you to do.

 

It's a bit long and drawn out but you'll get there, but be warned, Abbey are dreadful for dragging their heels, they may file defence etc very late but they'll get away with it, so you just have to keep on waiting.

 

Keep us updated with whatever you get and we can advise as needed.

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Checking my claim form online, it appears that I have made a mistake and listed my address (the claimant's) as a mixture of mine and Abbey's - how do I inform the court and make the change?

 

Any ideas?

 

Mark

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  • 5 weeks later...

Ok now received the notice of transfer of proceedings with Abbey's defence (they didn't bother to send it to me). My case has been transferred to Wandsworth. The total claim is currently £1816.

 

The judge has dispensed with the AQ.

 

The accompanying bumph mentions an allocation fee on claims over £1500

 

"Please note that the allocation fee will be due on claims over £1500. This must be paid to the court of transfer within 14 days of the date of dispatch of the notice of allocation to track. This fee is payable even if thr case settles before the hearing and must be borne in mind when reaching any settlement"

 

When do I have to pay this? I don't want to shell out cash and then have the claim stayed. Is it due within 14 days now or when I receive my next letter from the court?

 

What is my next step bearing in mind the recent OFT case?

 

Many thanks

 

 

Mark

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