Westy1 v Abbey

[Westy1]

Early this year I received three cheques from Royal Bank of Scotland amounting to over £8,000 in settlement of my claim for unfair bank charges on three accounts. Spurred on by this I offered to help my daughter recover her charges from Abbey.

 

In February I sent £10 and the standard Data Protection Act S.A.R - (Subject Access Request) - they sent a series of acount charges, but only up to January 06.

A further request resulted in copy statements from August 2006 to close of account.

Telephone requests and assurances that the missing statements would be sent resulted in no further data being sent.

 

So I sent the Abbey a LBA on 14th. May - no result.

 

Finally, on 22nd. May I completed an N1 claim in the Whitehaven County Court for breach of the DPA. So far so good....

 

This week I received a copy of the Abbey's defence - it was a proforma.

As you might expect, they deny liability for unfair bank charges, but also claim that the missing bank statements are microfiched data and that this "does not fall within the definition of a relevant filing system" under the DPA. I looked around this site and found that in view of the Information Commissioner's ruling last year this was simply not true!

 

I have sent a further letter directly to the Abbey's Regulatory Compliance Department, informing them of the impending court action and giving them a final chance to comply - quoting the Information Commissioner's ruling.

 

Let's see what happens...

 

I think if they don't comply I should ask the court to strike out their proforma defence, as advised elsewhere on this site, on the grounds that it is a waste of resources since they have always settled before court in the past.... Failing that I think I have the necessary arguments to hand to put together the court bundle... Can't wait for the court allocation questionaire!

 

I'm also wondering if I should start a new small claim for the unfair charges now, just to get things moving on. I could use an estimate of charges, and when I get the missing data from Abbey I could submit additional information to the court.

 

Anyone else in this position? Anyone been to court with Abbey?

[salesman]

Hi Westy1

 

I have done a claim pro rata to the info they sent me...I think its the right way to do it.....my thread is Salesman V Abbey if you want to look.

 

HTH

[Glenn UK]

Hi Westy

 

Hope you dint mind JonCris asked me to pop in and have a look at your thread, he is out of contact right now with respect to the forum.

 

Re your questions about Abbey and their non-compliance, if you haven't already done so make sure you have a copy of the ICOs letter regarding their view of both Abbey's and Barclaycards fiche systems.

 

Also check their website for guidance on what is and isn't a relevant filing system.

 

The CAG contact at the ICO told me ages ago they were revising the guidance to confirm their views about what is and isn't caught by the DPA in terms of relevant filing systems.

 

When i discussed this with her it was so wide as to potentially catch my companies personnel files which are buff folders with papers in, so fiche is definitely in!

 

In respect of the way forward, personally if they do not comply i would make a claim against them under Sec 13 of the DPA for damages (use your estimate of charges to determine the level of damages).

 

I have included a claim for non-compliance on my latest claim against abbey which is underway now. i am waiting for a court date sometime soon.

 

HTH

 

Glenn

[Westy1]

So..... my claim continues.

Having received a rubbishy proforma defence from Abbey, I have served them with a S18 CPR request for information, to be provided within 14 days. I have also written to the Whitehaven County Court sending them a copy, and requesting permission to ammend my Particulars of Claim, so that I can now include a claim for the unfair charges.... well, they brought the matter to the attention of the court, not me, so it is only fair that they should provide me with the full information regarding their defence, in order that I can prepare my papers for court..... I think they'll fold, but I'm quite prepared to go the whole way if necessary!

[Westy1]

Well.... now I have gone and done it!

Using the advice from this site I have submitted a ammended Particulars of Claim to include a claim for refund of bank charges which Abbey mentioned accidentally in their defence to my Data Protection Act breach claim.

I also sent in an application for strike out of Abbey's defence together with the suggested draft directions order, requiring disclosure of charges details etc....... all be recorded delivery to the bank as well as to the court.

Abbey have got themselves into a corner by not responding to anything I sent them. Now let's see how they try to get out of this one!

[salesman]

Well done Westy hope it all goes according to plan

 

Salesman

[Westy1]

Now what!! I got a letter from the Whitehaven County Court today:

"It is ordered that there will be an allocation hearing on 17th. September at...."

"And it is ordered that the Claimant should attend in person. The defendent may attend by telephone" (My italics).

 

So is this good news? Does anybody have any idea what I can expect at an allocation hearing? Why does the claimant have to attend in person, but ShAbbey can attand by telephone (Darned cheek!).

 

Can anyone help?

[Glenn UK]

FWIW

 

Dont get to excited about the paint and the corner.

 

The court sonly interest is in seeing claim settled, either out of court or if it gets to court, with both parties taking part, unlikley i know.

 

I suspect Abbey will take it to an allocation hearing and settle shortly thereafter if they stick true to their form.

 

Re the strike out have you made a formal request using the n244 or just written in?

 

At the AQ hearing sexpect to see either a barrister or a solicitro from abbey and if there are any contensious issue i.e. charges over 6 years old or CI, they will ask the court to strike them out effecitvely.

 

For your part you need to go along and make your case for the claim going ahead in tact.

 

HTH

 

glenn

[Westy1]

Thanks for the reassurance Glenn - I just wrote a letter to request a strike out. Shouyld I have used an N244? Should I check with the Court if the request is OK, or if they want me to use an N244?

[Glenn UK]

if you really want them to strike out the defence then the best bet is to make a formal application i understand. However, there are potential dangers, although i think they are small, that if you got a hearing to strike out their defence they could ask the court for costs should you lose the application.

 

Generally as far as i can make out courts wont strike out unless they have extreme provocation.

 

JMHO

 

Glenn

[Westy1]

OoooooK.... So, I'll just leave things as they stand now and hope it works out alright.

I'm printing out the witness statement for the allocation hearing and all the other stuff the website says I should take..... but with a bit of luck the ShAbbey might settle when they receive copies of my statements etc.

[Westy1]

Well, well.... This week I recieved the statements and list of charges I requested under my subject access request! Pity it is over the 40 day limit for such requests! I think Abbey are hoping that I will not be able to proceed with my court case against them because they have now complied, BUT they don't seem to realise that failure to comply with the 40 day limit is in itself an offence and that I can claim compensation (I think up to £5,000!) from Abbey for that in itself, and damages as the court allows.

 

They reminded me about the High Court case, but I wrote to the judge with new ammended particulars of claim, removing the request for an order to comply with the DPA, but claiming compensation and damages for breach of the Sixth Data Protection Principle, and with revised schedule of unfair charges now I have the actual figures to hand. I have asked him not to grant a stay due to human rights, etc.

 

Well, the Allocation Hearing is on 17th. September... and I'm all ready for it!

[Westy1]

Come on - we are almost in the top five of petitions! We have 23,119

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Email all you friends and family.....

send them this link Petition to: follow the Bank Charges Reclaiming Charter, which aims to end both the current suspension of reclaiming & the financial misery caused by unfair penalty charges.

[ICY]

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