give_me_it_back vs Abbey WON!!! YAY !!! *SETTLED IN FULL*

[Tink]

GMIB

 

Good Luck, sounds like you have both guns blazing for Abbey!!!

 

T

[give_me_it_back]

Absolutely! This lot need a rocket under them, never mind ma' pistol!

[purepest]

I sent my SAR to the Abbey address in Milton Keynes. Is that still OK?

 

I hope it is cause I just sent my letter this morning, then saw the Scotland board on these forums:-o

[give_me_it_back]

I imagine it will be fine. They will send it on to the relevant people. So long as you sent it registered, so they can't use the excuse that they didn't receive it...

[purepest]

Thanks for that.

 

I would like to know something else. Is the 40 days 40 working days or just 40 days from when you send the SAR?

[give_me_it_back]

It's 40 days, including weekends.

[give_me_it_back]

Received offer of £110 from Abbey today as a 'goodwill gesture':

 

Replied:

I am in receipt of your letter dated 7th August, in which you offer me a ‘goodwill payment’ of £110.00.

 

I will accept this as part payment in relation to my refund, but I will persue you in court for the remaining amount.

 

To re-iterate, you have until 14th August to refund the full amount, At this time, if I have heard nothing from you, court proceedings will commence without further communication from me.

 

I should also take this opportunity to let you know that a report has now been made to the Information Commissioner with regards to your failure to comply with the Data Protection Act.

[charlieho]

re-DPA action in Scotland

 

I feel that I may have to commence court proceeding against Egg for non-compliance with subject access request.Are you any further forward in getting your DPA from Abbey ,would like to see copy of statement of claim if you submitted court summons

 

Charlie

[give_me_it_back]

Hi Charlie (How's MBNA going..?)

 

No, I decided not to chase separately for Data Protection Act non compliance (Scottish Courts seem very tricky over this and I don't need the headache.) I start action for what I do know they owem then will start action for estimated amount from 16.10.02 - 16.10.04 - citing the lack of statements due to their DPA non compliance as the reason for the estimate.

 

I have reported them to the Information Commissioner, and hope that, by the time I commence the 2nd action, I will also have a response from him which will back up my claim.

 

Then the third claim will start for the remainder. They should know me by then..

 

The details of the claim are:

 

The claimant, Give_me_it_back, has held an account with the Defendant since xxxx, the account number being xxxxxxx. The Defendant deducted various amounts of money in penalty charges during the period 16.10.04 and 19.6.06. These were in respect of purported breaches of contract on the part of the claimant. The total amount deducted during this period was £547.00 plus £16.17 in overdraft interest. See attached schedule.

 

The Claimant contents that these charges were legally enforceable and is demanding full repayment of the money and the interest applied on them. The Defender has refused full payment of these monies, although has offered a ‘goodwill gesture’ payment of £110 (copies of correspondence can be provided).

 

The Claimant contends that:

 

The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

The Defendant offered a ‘goodwill payment’ of £110 on 11/8/06, which has been accepted by the Claimant as part payment towards the full amount. This has been deducted from the original total, bringing the claim to £453.17 plus costs incurred to bring this action:

 

£39 Court Fees

£20 Stamps, recorded delivery letters and stationery

 

TOTAL CLAIM = £512.17

The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contracts Regulations (1999) Para. 8 and sch.2.1.e., The Unfair Contract Terms Act (1977) s.4 and common law.

[Barobalti]

Hi "gimme it Back"! I'm not far from you (between Gifford and Garvald, about 19 miles from Duns).

 

Now getting the initial court proceedings up and running against the Abbey, although I may have a minor "jurisdiction" hurdle to overcome -- hopefully Haddington Sheriff Court will not be too anal over this.

 

Fortunately, having an Abbey Business Account I didn't have to go through dpa procedure as all my statements are archived online.

 

will keep in touch!

 

Best wishes,

[give_me_it_back]

Good luck Barobalti!

[give_me_it_back]

RIGHT!!! Can anyone help me here...

 

One of Abbey's 'Admin team' (all I can find out at the moment) has, in their 'wisdom' CANCELLED my multifunction card!!!! WHY would they do this!?

 

Apparently, my account has NOT been cancelled - but my card - ie - my access to funds! HAS been!

 

Has this happended to anyone else..??

[give_me_it_back]

Can I please have some help here. I have now heard from the court with a prelim date - I will be out of the country. I can't cancel the trip, and there is no-one I can send in my place. I also can't change the court date.... Can someone please offer some advice of what I can do... The same thing (same date) has happened with Barclaycard!

 

Alteratively, is there anyone who can advise the way these things tend to go... What I mean is - is it 100% certain that the prelim date will go ahead on that date..?

 

Please could someone advise asap? I have asked on the Barclaycard area too, but have had no response.

 

Thanks

[woolfie]

HI there,

 

It is not 100% certain that it will go to court but it is obviously a possiblity. In my case they settled out of court but they left it until two days before to do so!!

 

I would try contacting the court in the first instance to ask their advice.

 

cheers

 

Woolfie

[Tink]

I agree, I would discuss it with the courts, when commencing proceedings on my husband's case I informed the court clerk of the dates we would be out of the country and she noted it and then entered an earlier return date and consequently earlier hearing date, as had she done it for the original date the hearing would have been on the day we leave .....

 

T

xx

[give_me_it_back]

Hmm... I'll try calling the court again then Tink, since you got a better response... I spoke to them yesterday, but they said it couldn't be changed. She did also say "Is this with your bank? Oh well, they hardly ever turn up"! Obviously can't expect that, but I thought it was very interesting that she said it...

[give_me_it_back]

The court are calling me tomorrow.. I hope they will change the date to the following week - they kind of gave me the impression that they don't... I'll need to turn on the charm!

 

As a further matter of interest, i received a letter from Abbey today in response to my letter dated 19th June (!) There have been 4 other letters from me since then. In this letter they say:

 

"Abbey do not believe a DPA request covers microfiche data. However, we do strive to provide the information required as quickly as possible. I was pleased to note your duplicate statements were produced on 27th June 2006"...

 

erm... why a'in't I gottem then? It's also interesting that this letter comes hot on the heels to my official complaint to the Information Commissioner.

 

I telephoned and they said they were "ordering them again as a matter of priority (do they know what that means..?) and this time they would be sent direclty to The Customer Resolution Manager named in the letter (Megan Webster) and she would send them on to me from there...

 

Yeah yeah yeah!

[charlieho]

Obviously you don't want the delay because of a trip but to give you more time to reach an aggreement;)

 

from the Small Claims Guidance Notes

Taking a claim to court Page 22

If, as an alternative to having the case continued, you

wish the proceedings to be brought to a temporary

halt, you may apply to the court to have this done. You

might wish this where, for example, you are trying to

settle the case with the defender, and you feel you

need more time to reach an agreement. This procedure

is known as sisting the case.

You may apply to the court to have the case sisted at

any time before the sheriff finally decides it. You could

do this by lodging an incidental application, or, if

appearing in court, you could ask the sheriff to allow

the sist at that time.

The reason you wish the sist to be made must be

stated in the application, or explained to the sheriff if

you apply for it when appearing in court. The sheriff is

not, however, obliged to sist the case as a result of

your application.

When a case is sisted, no further steps can be taken in

it until the sist is recalled. An application to recall a sist

is made by incidental application to have it granted,

and it can be made by any party in the claim.

The defender is also entitled to apply for the case to be

sisted.

Information on how to make an incidental application

can be found in Part 4 of this guide – ‘Going to Court’.

[give_me_it_back]

Thanks very much for this Charlieho. I will see what they say tomorrow, with this up my sleeve if I need to move to it.

 

Thanks again.

[Tink]

Good Luck tomorrow, hopefully they'll be able to adjust your dates for you.

 

T

xx

[give_me_it_back]

The court will not allow me to change the date... I am having to hire a soicitor to represent me. I am quite annoyed, as I really wanted to represent myself!

[charlieho]

Could you not lodge an incidental application

 

 

Incidental applications to the court PAGE 9

During the course of the case, either the pursuer or the defender may wish to apply to the court for an order to have something done. This happens by applying to the court for an ‘incidental application’.

 

Here are some examples of the kind of applications a party might make:

 

 

 

An order for recovery of any documents which might help prove the claim (such as work records) when these cannot be otherwise obtained (see paragraph4.17)

 

 

 

A request to postpone the date of any hearing

 

• A request to transfer the case to another sheriff court

• An order for payment of an alternative sum claimed

where the defender has failed to deliver an item,after having been ordered to do so by the court The procedure for making an incidental application is

 

quite straightforward but, if you do run into difficulties,the sheriff clerk will be able to offer guidance.You application should include:

 

 

 

• Details of the parties in the case ( names and addresses)

 

• The court case details (the sheriff clerk can supplythese)

 

• The order you seek

 

• The reasons for seeking the order

At least two days notice of the date fixed for the hearing of the application must be given to the other party. If the party receiving the application then tells the court they are not opposing it, the application will nothave to call in court. The sheriff will decide the matter

on the day set down for the hearing, and no attendance by the parties will be required.

Example give in leaflet :

 

 

Sheriff Court, Edinburgh Small Claim summons no. 199/2002 Date of next hearing: 3rd June 2002

 

Mrs Margaret Elder, Pursuer, against City Electrical Appliances, Defenders (address) (address)

 

The pursuer requests the court to postpone the hearing fixed for 3rd June 2002 as an essential witness for the pursuer, Mrs Margaret McKay, 159 Glasgow Road, Edinburgh is in hospital and unable to attend on that date.

 

Date: 15 May 2002

 

 

 

 

 

 

 

 

[give_me_it_back]

Nope... They won't let me. Point blank refuse.

 

I pleaded, but there is just no way they will allow it. They said I could send a letter, but the Judge may well just throw the case out! Bit harsh, but there you go.

 

I have spoken with a solicitor who will represent me, but they have NEVER dealt with a case like this before, and, although they were interested, they didn't know any of the facts.

 

I have spent most of the day photocopying details, and will need to go in and have a meeting with them to get them 'up to speed'.

 

 

I am SO fed up about this! I REALLY wanted to do this all on my own!

[charlieho]

give_me_it_back vs Abbey

 

Sorry to hear you can't get your hearing moved -sounds like a right jobs worth working in the Sherrif Clerks Office. I was speaking to one of the Sherrif clerks at Greenock sherrif court about moving the date of a hearing and she said that if I were to ask for a continuation then I proably get it.

 

Can't see much help about continuations on the Scottish court web site

 

Charlie

[give_me_it_back]

Thanks Charlieho. I really tried and I really pleaded, but she'd hear none of it!

 

It's a total pain, but at least I have found a local solicitor who goes to that court almost daily, so she'll be well known.

 

It's just so much more work for me, as I have to photocopy everything again, as well as explain the whole process to her, as she has no idea about this whole thing (which I find strange..)

 

I really do wish I could go myself, as I do really feel able to defend the action.

 

However, it may be interesting... all the other cases I have seen, people have defended themselves... this one will be a little different... let's hope it's not the first 'bad 'un'!!!