Eyespy Vs Abbey

[eyespy]

I have found this, on the site, what will be the repercussion of sending this. Would this be applicable to use against the Abbey for sending my details to a credit rating agency?

 

Eyespy

 

Notice pursuant to s.10 of The Data Protection Act 1998.

Re: account no. XXXXXXXXX

Account holder. XXXXXXXXX

Address. XXXXXXXXXXXXXXXXXXXXXXXXX

 

Whereas I have been a customer of XXXXXXX Bank since XXXYEARXXX and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

signed

 

date

[eyespy]

**bump**

[eyespy]

**help needed**

please see my last 2 posts Eyespy x:confused:

[eyespy]

**bump**

[eyespy]

***anyone there?*****

[eyespy]

thanks Karn

 

glad u still out there.

 

do I just wait for court date now? I have sent them my spreadsheet again because they said I had provided no evidence on how I calculated my claim.

Is there anything else I should be doing?

 

I can not do the march unfortunatly but I wish you all well and pray that it doesn't rain.

 

Eyespy x;)

[Rachlouie]

I am in exactly the same position, abbey have said they want my cards and cheque book back. The overdraft I have is £2080-00 and it just keeps increasing even though there is no money going in. They have also threatened me with a default I am sending the same letter don't think they will listen, however they will not win we will get our money back and we will be the ones laughing. Hold on in there we can do it

[eyespy]

Thanks Rachlouie

 

you cheered me up.

you got a court date yet?

 

Eyespy:D

[Rachlouie]

Every day I wait for the postman, got my court date 27 February can you believe it more waiting but I am working on my court bundle at the moment so this is occupying my mind. I think it depends lik karnevil said as to how busy your court is. Must remain positive the money will be ours

[sowerby17]

If you read a thread by stressedlou there is a telephone number for a lady called sheena if you give her a ring she will sort out your microfiche statements she is very friendly and helpful.

[eyespy]

Hi there

 

well my saga with the Shabbey continueth!

 

My court date still not recieved, I have rang the court and my file had been mislaid!! They are sorting that now. I was told it would go to the judge today. Please help me with the questions below.

 

1.The Abbey sent me a cheque for £40.00 as a full and final offer of settlement. I wrote back to say I was unable to accept their offer and have not cashed the cheque. Can I cash it now?

 

2. Next the Defence letter came from the Abbey it is very confusing I would appreciate some help on replying to these paragraphs listed below in blue.

 

3. The claim is for £1307.11 which was in some part estimated. I have now had all my statements and the new actual figure is £1901.65.

Do I write and tell them this and inform them that I shall be making a further claim for the difference of £594.54?

 

4. Also they have defaulted my account, can I now at this point ask for this to be completely removed if we can agree to settle this out of court?

I have since paid off my overdraft of £1600.00 in full.

 

I am intending to write a reply to the defence letter which was sent by Christine Cody - Legal Officer?

 

See extracts from the Abbey defence below

 

Paragraph 2. It is not admitted that the Claimant has a current bank account numbered ******** with the defendant. In the event that the Claimant does have a bank account in relation to which bank charges were applied, the defendant says as follows in relation to such an account ("Account") Very strange!

 

Paragraph 6. Basically they say I am in breach of contract with them.

 

Paragraph 8. The Claimants contention that the said fess are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defendants administration expenses incurred due to the claimants breach of contract and are a genuine pre-estimate of the damage sufferd by the Defendant. The Defendant denies that the Claimant is entitled to claim interest in the sum claimed or at all. Damage suffered by the Defendant??? What rubbish.

 

Paragraph 9. Further or in the alternative, evven if the said fees are not proportionate to the Defendants administrative expenses incurred (which is denied) the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge amde to the Account.

Does this mean they will argue for a proportionate fee??

 

Paragraph 10. The Defendant denies that the Claimant is entitled to claim costs. I asked for my court fee £120.00 only.

 

Paragraph 11. No admissions are made as to any amounts claimed by the Claimant and the Claimant is to put strict proof of the same, similarly in relation to the existence of an account. What does this mean??

 

 

Any help greatly appreciated. Please tell me Im nearly coming to the end of this little episode. It seems to have gone on for a lifetime.

 

thanks in advance Eyespy xx:)

[hammers69]

hi, i have been with the abbey since sept/aug 2005. only this month i have been charged 5 times amounting to 140 quid, last month i was charged 3 times 90quid.for unauthorised overdraft & unpaid direct debits, i dread to think how much i have been charged since i opened my account.didnt realise that i could claim my money back, so i am now going to try & sort out getting it back, somehow.

[soobyloo]

help! Just registered with site haven't a clue wot im doing! I have an Abbey account and NWB account both of which i know i have been charged over the top for. where should i start, should i get some financial company to deal with it for me and pay them a percentage. help help!!

[eyespy]

Hi Soob

 

Firstly start your own thread then you are able to keep your posts and replies in one trackable thread.

If you have all your bank statements you will find it easier than I did. If not you will have to ask the banks for copies of your statements.

 

Please look at the link and use the templates in here to help you.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

Just keep asking for help every step of the way BUT OPEN YOUR OWN THREAD!! If you dont get replies just send a post saying *bump* whcih will prompt a moderator to look at it.

 

good luck Eyespy

[eyespy]

Hi there

 

well my saga with the Shabbey continueth!

 

My court date still not recieved, I have rang the court and my file had been mislaid!! They are sorting that now. I was told it would go to the judge today. Please help me with the questions below.

 

1.The Abbey sent me a cheque for £40.00 as a full and final offer of settlement. I wrote back to say I was unable to accept their offer and have not cashed the cheque. Can I cash it now?

 

2. Next the Defence letter came from the Abbey it is very confusing I would appreciate some help on replying to these paragraphs listed below in blue.

 

3. The claim is for £1307.11 which was in some part estimated. I have now had all my statements and the new actual figure is £1901.65.

Do I write and tell them this and inform them that I shall be making a further claim for the difference of £594.54?

 

4. Also they have defaulted my account, can I now at this point ask for this to be completely removed if we can agree to settle this out of court?

I have since paid off my overdraft of £1600.00 in full.

 

I am intending to write a reply to the defence letter which was sent by Christine Cody - Legal Officer?

 

See extracts from the Abbey defence below

 

Paragraph 2. It is not admitted that the Claimant has a current bank account numbered ******** with the defendant. In the event that the Claimant does have a bank account in relation to which bank charges were applied, the defendant says as follows in relation to such an account ("Account") Very strange!

 

Paragraph 6. Basically they say I am in breach of contract with them.

 

Paragraph 8. The Claimants contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defendants administration expenses incurred due to the claimants breach of contract and are a genuine pre-estimate of the damage sufferd by the Defendant. The Defendant denies that the Claimant is entitled to claim interest in the sum claimed or at all. Damage suffered by the Defendant??? What rubbish.

 

Paragraph 9. Further or in the alternative, evven if the said fees are not proportionate to the Defendants administrative expenses incurred (which is denied) the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge amde to the Account.

Does this mean they will argue for a proportionate fee??

 

Paragraph 10. The Defendant denies that the Claimant is entitled to claim costs. I asked for my court fee £120.00 only.

 

Paragraph 11. No admissions are made as to any amounts claimed by the Claimant and the Claimant is to put strict proof of the same, similarly in relation to the existence of an account. What does this mean??

 

 

Any help greatly appreciated. Please tell me Im nearly coming to the end of this little episode. It seems to have gone on for a lifetime.

 

thanks in advance Eyespy xx:-)

[Mad Nick]

Eyespy, I'll have go at your questions. Interest to see what others think :

 

Hi there

 

well my saga with the Shabbey continueth!

 

My court date still not recieved, I have rang the court and my file had been mislaid!! They are sorting that now. I was told it would go to the judge today. Please help me with the questions below.

 

1.The Abbey sent me a cheque for £40.00 as a full and final offer of settlement. I wrote back to say I was unable to accept their offer and have not cashed the cheque. Can I cash it now? If you can do without 40 quid, I would either put it in a draw or, for a bit of a flourish, send it back !

 

2. Next the Defence letter came from the Abbey it is very confusing I would appreciate some help on replying to these paragraphs listed below in blue.

 

3. The claim is for £1307.11 which was in some part estimated. I have now had all my statements and the new actual figure is £1901.65.

Do I write and tell them this and inform them that I shall be making a further claim for the difference of £594.54? The problem will be keeping the N1 in step. One way (which relies on the fact that they'll try to settle out of court) is to tell them direct without amending your N1 (which costs £35 and could lead to a delay in your Court date and hence settlement). I would then wait a bit to see how they reply, if they kicked off, you'd have to decide what to do next (eg to amend your N1). I realise you're court date is approaching fast, though. Another way would be to settle the current claim for the current amount and then do another one for the delta.

 

4. Also they have defaulted my account, can I now at this point ask for this to be completely removed if we can agree to settle this out of court?

I have since paid off my overdraft of £1600.00 in full. There's a few issues here - when did they do the default and when did you pay off the overdraft ? But overall my first line of attack would be to try to get them to remove it in correspondence with them. If they refuse, there are probably two options - a) when they try to settle the charges claim before court, refuse without them removing the default, noting that this risks getting closer to Court with a claim which didn't (I assume) include the default issue (unless you amend your claim which would cost £35 and could delay matters); or b) settle the charges issue and tackle the default issue in a new claim. Others have trodden this path - I know the Search function is a bit sick at the moment, but see what you can find.

 

 

I am intending to write a reply to the defence letter which was sent by Christine Cody - Legal Officer? Personally, I wouldn't bother reply to their defence - it might make you feel better but it'll be water off a duck's back and risks some inadvertant hostage to fortune. I would just stick to the issues of your Account No/status; the default; the delta from estimated to actual; and returning the £40 cheque if that's what you decide to do with it.

 

See extracts from the Abbey defence below

 

Paragraph 2. It is not admitted that the Claimant has a current bank account numbered ******** with the defendant. In the event that the Claimant does have a bank account in relation to which bank charges were applied, the defendant says as follows in relation to such an account ("Account") Very strange! I think it's important to clarify this with them direct asap (or have you actually closed the account in which case your claim presumably said "had" an account not "has" ?)

 

Paragraph 6. Basically they say I am in breach of contract with them. You are, technically, because you exceeded the agreed overdraft without authorisation. But that's not the point - the point is that the charge they levied for each breach constitutes a penalty and is therefore unenforceable etc etc

 

Paragraph 8. The Claimants contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defendants administration expenses incurred due to the claimants breach of contract and are a genuine pre-estimate of the damage sufferd by the Defendant. The Defendant denies that the Claimant is entitled to claim interest in the sum claimed or at all. Damage suffered by the Defendant??? What rubbish. Let them tell it to the Judge

 

Paragraph 9. Further or in the alternative, evven if the said fees are not proportionate to the Defendants administrative expenses incurred (which is denied) the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge amde to the Account.

Does this mean they will argue for a proportionate fee?? They might if they got into Court, but unfortunately for them once Liquidated Damages (for that is what their charges are) are found to be unenforceable, they can't retrospectively think up a new lower figure to charge you instead.

 

Paragraph 10. The Defendant denies that the Claimant is entitled to claim costs. I asked for my court fee £120.00 only.

 

Paragraph 11. No admissions are made as to any amounts claimed by the Claimant and the Claimant is to put strict proof of the same, similarly in relation to the existence of an account. What does this mean?? It means a) they're bluffing because you have presumably already sent them your schedule of charges and attached it to your POCs - if you haven't you should; and b) sort out what they mean by denying you have Account #XXXX with them.

 

 

Any help greatly appreciated. Please tell me Im nearly coming to the end of this little episode. It seems to have gone on for a lifetime.

 

thanks in advance Eyespy xx:-)

 

Regards, Mad Nick

[Mad Nick]

Eyespy, I've now spotted the same post on another thread of yours to which Lula had already replied. Suggest stick to one thread. Regards, Mad Nick

[eyespy]

thanks mad mick

 

its good to know people are still watching out for me.

 

yes I made a mistake by adding it to my other thread.

 

I just wanted to keep it in discussion and start a new thread to help newbies who were jumping onto my thread for advice on what to do first.

 

Ill mull over today what to do.

 

I told my bank I had been made redundant but would pay off O/D as soon as I got money, that was like the red flag to them, they demanded repayment of unauthorised O/D, telling me as soon as it was paid they would close my account, then they passed it to a debt collection agency.

I had telephoned them throughout this period but they were autonomous on the phone.

 

thanks anyway. Eyespy:|

[eyespy]

Im having an awful time with Abbey.

I have just recieved my notice of hearing from the court BUT its a telephone hearing????

On the guideline sheet they sent me it says "Hearings excluded if the hearing could result in final determination of the whole or part of the claim"

I have just rang the court and asked if this is correct, they are calling me back ASAP.

 

If it is by telephone what do you suggest I do?

I asked about a case summary and the court are casually saying the Abbey will let me have that in advance of the hearing, which I know wont happen!!

This has gone on for so long its driving me crazy.

The court hearing is delayed because the court said they had lost the defence from the Abbey and they had written to ask them to refile but they never did!! I HAD TO SEND THEM A COPY OF THE DEFENCE THE ABBEY SENT TO ME!!

 

I dont mean to be defeatist but Im not wired up to understand all this legal stuff I feel like Im reading French!

Any help appreciated Eyespy:???: :???:

 

oh by the way, just received letter from the Abbey asking if I could do with a loan of up to £25000.!!????

[eyespy]

Ok

just had call from the court. This telephone hearing is purely because I made an application to my claim, an ammendment of the claim figure.

SO this is just to clarify the actual claim.

I made a change to the claim figure because my initial claim was an estimated figure, no statements received.

 

So I am now claiming for £1900 and A FULL REMOVAL OF THE DEFAULT NOTICE they gave me after I had submitted the initial claim.

 

It looks like my court hearing will be next month at the earliest!!

 

Im worried that when the OFT ruling comes into force that the Abbey will only refund me the amount over and above the expected £12.00 charge limit.

What do you think? This could drastically reduce my charges refund.

 

Any feedback appreciated.

Car tax due, so better get me walking boots out.

 

Eyespy.

[sowerby17]

well i cant see why you would only get £12 when credit card companies pay up and after all you started your claim before all this happened.They should be charged for making it so hard to get our money back.

[Mad Nick]

Im worried that when the OFT ruling comes into force that the Abbey will only refund me the amount over and above the expected £12.00 charge limit. What do you think? This could drastically reduce my charges refund.

 

Eyespy, the £12 is widely misinterpreted, and it's definitely not a ruling meaning Abbey can just charge £12 instead without being challenged. The OFT actually said that “…the card issuer may only recover the relevant limited administrative costs arising out of those defaults”; that £12 is the “simple monetary threshold for intervention by the OFT.”; and that “Our assumption will be that credit card default charges set above this level are unfair unless there are exceptional factors.” In other words, the principle of them having to show that any default charge is consistent with their costs associated with the breach still holds regardless. Regards, Mad Nick

[eyespy]

Hi

thanks Nick

I see what your saying, I just wish I could remember it! Everytime I think about going to court my head empties and I feel like Im in la la land!

 

I feel a lot more positive now about getting my money back.

 

You know I started this last June and I am determined to get my money for this summer.

 

ill keep you all posted

 

eyespy x

[eyespy]

Hi All

Well just had a letter from the Abbey reagrding the telephone hearing booked by the court for the 31 MArch. This telephone hearing was because I had amended my original claim to reflect an actual figure not an estimated one.

 

 

By Facsimile 01782 854046 6th March 2007

Dear Madam

We refer to the notice of Hearing of the application to amend the Claimant's particulars dated 1/03/07.

Please note that the Defendant neither consents to nor opposes the Claimant's application and on this basis does not propose to participate in the proposed telephone hearing.

We have forwarded a copy of this letter to the Claimant.

Yours sincerely

(Squiggle for signature)

NO NAME

Abbey National PLC

 

I have just got off the phone from the courts and they have not as yet received this fax!! Jean there said she would chase it up and get back to me.

What do you think of this then?? How can they get away with this behavoiur??

 

 

Eyespy.

[eyespy]

Thanks Karn for stopping by

 

I rang the courts again and was told that my information would be put before the judge tomorrow and they will contact me to see what he recommends.

Apparantly they have many cases lodged against banks at the moment but have not had one go to court yet.

The first case they have going before a judge is at the end of the month so they said they should have more of an idea how things go.

They did laugh about the fax fom the Abbey being so informal and with no signature.

 

I just hope the judge sets my hearing date asap.

 

Eyespy