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Barry vs Abbey


clairus99
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Hi

 

I'm posting this on behalf of someone else, for some advice hopefully!

 

Barry applied to Abbey at the beginning of March for his paperwork, which, to date, has still not been received, despite several reminders.

 

He contacted the Financial Ombudsman in June, who advised him to wait for 8 weeks, which he has duly done. All that has happened is that they have made him a 'goodwill offer'. From my experience and others this is most likely a fraction, or half at most, of what he is probably due from them. But of course he doesn't know because he still doesnt have his paperwork!

 

He called the FO last week who advised that everything is on hold at the moment as far as they are concerned, and that they are not getting involved in banking charge issues at the moment (look what you started, Bankfodder! :D).

 

As my experiences do not match what is happening with Barry, I don't know how to advise him. He is tempted to go with one of this so-called agencies that deal with it all for you, which of course I have strongly advised against, but if he's given enough time he will do what he wants to do!

 

So, I have penned a letter on his behalf to Abbey giving them one last chance to provide the paperwork, and refused their goodwill offer. I haven't posted it yet because I'm not sure quite what we are threatening them with if they don't comply (as we expect).

 

So there you have it in a nutshell - they've given him 7 days from last Wednesday to reply (sorry, short notice, I know).

 

Thanks in advance

But then again, what do I know?

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i've been looking at the delay tactics stuff on the abbey board and have seen the advise about sending an LBA letter.

 

what are we threatening them for exactly? if they don't respond positively are we taking them to court for failing to provide the information? obviously without the information we don't have a clue how much money we're asking for if that what it is!

 

sorry if i sound like a dimbo, i just want to be 100% sure. sometimes i am a real smartypants and other times i am very blonde indeed (apologies to blondes!).

 

I assume there is an LBA letter in the library/templates for such an occasion? The reason I ask is that I still have my old LBA letters but naturally this is a slightly different situation - argh! sorry i hate having to ask!

 

:D

But then again, what do I know?

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Hi Clairus

 

My understanding of the situation is that Abbey have failed to respond to an SAR for statements - is that correct?

 

In that case you need a template letter from here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Which basically says if the information is not sent you will take them to Court under DPA rules. However, as there is a GoGW involved - got ahead of themselves there, methinks, this needs to be rejected also. The letters for this are here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

IMHO you could combine parts of the rejection into the non-compliance, along the lines of:

 

You have given me no choice but to reject your GoGW as full and final settlement; your failure to provide me with the documentation requested means I am unable to calculate how much I would be entitled to reclaim through the Small Claims procedure. This leaves me severely disadvantaged, and unable to enter into negotiations until I have the facts, to which I am entitled.

 

Also, please do your utmost to dissuade your friend from going through a third party; they will start again from the beginning, and as new claims are not being actioned, it will only delay the process further. More importantly, the fees they charge in my opinion, are not directly proportionate to the service provided - quite ironic that! It has been proven time and time again that we can self-litigate; the wonderful advice and support on CAG, and sheer determination, are all that are required.

 

Hope that helps.

 

Best regards

 

Jo xx

Six Nations Champions 2009

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:cool::-D:cool:

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I have reported HSBC and Lloyds for failing to send anything following DPA both were reported to IC office, little over a week later and hsbc sent the statements, still waiting for lloyds to send but i have a feeling it wont be long

:madgrin:

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wow that is really helpful, thanks guys, i'll let you know what happens next!

 

Incidentally I believe that agency were going to charge him 25% on a no win no fee basis (sure, like he's not going to win...!). Yikes! As I'm helping him through this I'm wondering what my percentage should be.... lol

But then again, what do I know?

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