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    • @BankFodder only in employment for unfair dismissal but its always been settled out of court .. but nothing on this level  I'm happy to follow your lead 
    • Okay, have you ever sued anybody before? I can imagine that they will start off by trying to settle your claim out of court. Normally speaking if you refuse to accept their offer then you would be at risk of having to pay their costs even though you would win your judgement because the court would take the view that there was no point in going to litigation because everything you had asked for had been put on the table. However in this case, because first of all it would be a statutory breach – and secondly, because I would expect that the storage of your personal data would continue even after they settled, I think you would have a reasonable basis for continuing the action and the cost rules are that if there is a reasonable basis for refusing an offer and continuing the claim then the court can decide not to award costs against you. However it is a risk – albeit a very small one.
    • Let's go for it ! At no point have they spoken to me as the ombudsman had put in her findings the whole policy was controlled by the brother they haven't even completed basic data protection never spoken to me until the default notices started arriving  I gave them authorisation to speak to my sibling at that point as I had no idea what this policy was about  I'm happy to follow your lead @BankFodder
    • Okay this is excellent. This means that we have a pretty will open and shut case in terms of inaccurate data processing. I can imagine that this is an extremely distressing experience and by coincidence, breach of data protection rules is one of the very rare areas where you can claim against a data processor to recover damages simply for distress. I think that we can begin this campaign against Aviva by suing them under the data protection act. How does that sound to you?
    • I think that the letter you are proposing is not a good idea. You are presently occupying the moral high ground and not only do you want to keep the moral high ground but also you want to strengthen that moral position. Your letter is heading directly into confrontation and without giving any opportunities for them to reconsider their position. I know that they have had lots of opportunities already, but there is no problem with going an extra mile. You say that the letter I have suggested is "weak" – but actually you have misunderstood the letter. Your letter imposes extremely owners conditions and yet they are not at all unreasonable because basically you are simply asking that the whole thing be done and supervised by an independent third party. If they are confident about their workmanship and any proposed remedial action then they would be happy to do this. If they are not confident about it then they will object. Frankly I think that they won't accept the conditions and in that case you will be free to go ahead and issue of proceedings but you will be able to show the court that you have bent over backwards to accommodate them. There is no court at all which would criticise you for requiring supervision by an independent third party. Any judge would be puzzled as to why these builders refuse to accept a very reasonable condition which really is an attempt to mediate the situation, to assure that there is transparency in all dealings and to put an end to the dispute once and for all. Your ultimate goal is to get your patio sorted out to a proper professional standard. If they agreed to third-party supervision then this is what will happen – and if it doesn't, then you will have 1/3 party involved who will give their own professional opinion that the workers not been completed either on time or to a reasonable standard and this will give you enormous power if you then eventually go to litigate against them. I'm afraid that your proposal – which is to now refuse any opportunity to remedy the situation outside the court process and to reject the idea of independent supervision means that you are starting to deal with them in the same way that they deal with you – head-on and without any subtle diplomacy. Don't forget that at the end of the day, once the matter settled, you are going to have to find somebody else to address all the problems and to go through all that hassle of having to monitor the standards of some other building company – and without the benefit of third-party supervision. If Lords agree to your conditions (unlikely) then it means that you will be in a position where you have the work completed – subject to independent third-party supervision with no skin in the game and you can then be confident that it is going to be done to a satisfactory standard. If you simply sue Lords, then you are still left with a defective patio and when you put the work out to another firm of builders, there will be no possibility of independent supervision. By the way I'm amending the letter above to include a provision that in view of the defective workmanship which has been caused by them, they will pay the cost of the supervision. Frankly there is not a hope in hell that they will accept these conditions – even though they are extremely reasonable. That will leave you in a position where you can still proceed and issue your claim at the end of 21 days but you will have acquired a very substantial moral asset in your case against them. You need to look at the broader picture. It's really quite delicious.
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Abbey Court Date


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Hi Everyone,

 

This is my first post and am so glad to have found this forum.

 

I have my court date of 24th August 2007 against Abbey for £2,548.99 having rejected their 65% offer. On reading the threads I realise I have made a mistake with the interest I am claiming.

 

I multiplied the above amount by 8% giving a total of £2,752.91. Is this wrong? I think the answer is probably yes! I did not use the interest calculator on another similar site as my pc would not co-operate.

 

Can anyone tell me what the interest should be and how do I amend it with Abbey/Court? :confused:

 

Also, I am on holday from 16th to 30th August 2007 so will not be able to attend court on that date either.

 

Any useful info on the above would be greatly appreciated!

 

Caz

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Hi Caz

I am also claiming from Abbey. I used an interest calculator on moneysavingexpert.com. Its time consuming as you have to put all seperate charges and dates in but it does interest calculations for you. I'm claiming just over £2500 from Abbey and interest is over £600:p . Here's hoping I get the lot back. Don't worry too much I believe the bank will apply the 8% anyway if you win which I hope you do! Good luck with it all

elnf

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Hi enlnf,

 

Thanks for your reply to my post!

 

According to your post I am definitely reclaiming incorrect interest as mine came to £203 from a claim of just over £2500. Doh my pc was unco-operative when using the calculator so I applied 8% to my whole amount.

 

Wow, this new big announcement - where does it leave us I wonder? I have been given a court date of 24th August - agh - this is so frustrating! Have you been given a court date? I will have to ring the local court on Monday to see where I stand.

 

Please keep me posted on your situation and I wish you all the very best of luck.

 

Caz

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Hi there...I am also claiming against Abbey and my charges are £1403. My interest came to £723 using 8% on the charges due.... I used the moneysavingsexpert.com calculator so how come my interest is more than yours??

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Hi ladybubbles,

 

Don't worry about your interest, mine is almost certainly wrong!

 

I need to ring the court soon as with the 'announcement' I am unsure if my claim can go ahead. Does anyone know the answer?!!!!

 

Caz

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Hello all,

 

Firstly you are posting in the successes thread so are unlikely to get much response here. Try starting a thread in the main Abbey forum and you will get more help. For interest calculations have you tried using the spreadsheets in the templates library here? However if you have already filed it would cost you £35 to amend your claim and this cannot be claimd back so you may be better leaving it for now particularly in the current climate. As far as your court hearing goes I would assume it is happening until you hear otherwise. Unless something has happened today that I have yet to read abouut the banks have to apply for a stay to your case and you will be alerted that this has happened (at which point you can appeal against the stay) its all a bit fuzzy atthe moment but I think the main jist is carry on as normal until someone official tells you otherwise (and I don't mean the bank or their solicitor!)

 

Good luck and don't forget to start a new thread in the main bit.

 

Ellie

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