Bitingback @ Abbey Settled

[Bitingback]

This was started in June last year

I am about to start the process with Abbey Nat on 2 current accounts, I understand the situation with the bank account and assume each account will require a seperate Data Protection Act request?

I also had an Abbey Credit Card account which I want to query, however their credit card business was taken over by MBNA round 2003 (I think). Has anybody chased for Credit card charges and can you advise me of the process or offer any tips.

[Bitingback]

Can I use a postal order as payment, and is there any reason I can't hand it in at a branch (to the manager) and get a reciept. Any thoughts.

[Bitingback]

Just to keep everybody informed (and for my own satisfaction!!) I handed the Data Protection Act letter plus £10 postal order into the Abbey branch today.

Person I gave it to didn't seem surprised at all and gave me receipt etc, said that the letter and payment would be sent to the relevant department.

She did mention that the older statements were kept on microfiche....... "but they can be accessed easily and there should be no problem in getting the info". Sadly she would not put that in writing.

Am I right in assuming that the 40 day deadline can start from today?

[Bitingback]

19th July 2006

I am relieved, Shabby are running true to form and I received my microfiche letter today. Thanks for the template letter which I will be posting tomorrow.

In the letter they said they are unable to give details of any "manual interventions" since not all manual interventions are recorded, I am assuming this is normal!!!

I am grateful that Abbey are going down the usual road since so many people before me have paved this route very well!

Has anybody had any dealings with Pam Speed whose photocopied signature adorns the bottom of the letter.

[Bitingback]

1st August

I have received a bunch of statements (came last week but I was away) so not sure how many there are, looks like about 20 months worth. (which isinteresting as I closed this account with them in March last year.) I will be going through them tonight but am pretty sure that it is not the full 6 years worth.

I have noticed on other threads people mentioning a re-enforcement letter to jog their memory when coming close to the Data Protection Act deadline, where might I find this please.

Alternatively, I assume (dangerous I know ) if they dont provide all the statements I can estimate the total amount based on the data I have.

The Data Protection Act deadline runs out on the 10th and I have to say I am REALLY looking forward to the next bit.

Thanks to all for the advice.

[Bitingback]

25th August 2006

Firstly an up date, the deadline has passed and no further statements have arrived (surprise, surpeise). Got a letter saying they are investigating my complaint and will be in touch etc etc.

The account I am claming on I closed down in Feb this year and ad not been using it actively since the provious November. There were various admin c*** ups that there were dds being presented that should have been cancelled. They were all resolved but the statements they sent me include 8 months of nothing.

I am preparing the noncomplience letter now and am wondering if I can submit an estimated claim based on the statements I have for the 5 months when the account was active.

There were charges on this period of 90 and 160 per month. ( my computer is down at home and I am writing this from work so dont have all the details with me.) I presume an estimated claim would be the average over these months multiplied by 60 months.

[Bitingback]

24th Sept 2006

Sent an estimate request for payment giving Abbey 14 days to pay or start a meanungful dialogue. You eill not be surprised that I have had neither. I am sending the Letter before Action tomorrow, does this allows me to apply interest? and the interest is calculated at 8% per day?

As a significant portion of my request was estimated how can I apply interest to this and if I use an estimate monthly amount what day should I start applying the interest from.

I found out very quickly that section 69 (8%) interest is only to be claimed at court stage

[Bitingback]

23rd October (I had a delay so timescales slipped)

Update time again, Filed small claims action on Thursday 19th with County Court in Kennington. Large portion of the claim had to be estimated as the Abbey chose to ignore my Data Protection Act request.

I have now nervously taken to wearing brown trousers as I await for the next move from Shabby. Will continue to post as things happen.

[Bitingback]

10th November 2006

I need some assistance again,

As per above posts I have filed a claim having estimated the amount based on the 1 years statements Abbey supplied. I was confident that this amount was over estimated.

Today, surprise, surprise I have received a complete set of statements going back to Jan 2000. No cover letter or anything. This was received 3 days after the courts received acknowledgement of the claim from Abbey.

What should I do after I have re-calculated the figures and will I be able to ammend the claim without changing the timescales.

Can I claim for un-authorised OD fees and also charges labled "cleared transaction" on the statements.

I have not received any details of any "manual interventions".

[Bitingback]

6th December 2006

Filled in and sent off the N244 form to amend the amount and as the Abbey have filed a defence I have completed the allocation questionaire.

Out of interest are Abbey known for going to court, I am ready to do it, got a brown suit just for the day but would prefer if they had a history of settling sooner.

[Bitingback]

15th December

I received notification yesterday than my claim has been transferred to the London Mercantile Court, from what I have read it seems this is a good thing can anyone confirm please.

Well keep y'all posted and thanks again.

[Bitingback]

7th January 2007

Got letter from London Mercantile Court, have a folio number and been advised that:-

"There will be a Small Claims Hearing in this case and in several others which raise the same or similar issues at 10:00am on 24th Jamuary 2007. The hearing is intended to give directions for the hearing of some or all these casesin a way which saves time and expense. It is hope that all parties will attend but if this is not practicable the Court will be pleased to consider the written views of any party provided that these reach the Court by no later than 22nd January 2007.

Although some of these cases have been allocated to the Multi Track, it is the provisional view of the Judge that the costs rules for the Small Claims Track should apply to all of them."

I am wading through Merc bits on General Forum, and am wondering if anyone else's cases are on the 24th.

I will post again soon when I am more rational

[Bitingback]

22nd January 2007

Update time,

I got sidetracked a bit but it has come good in the end, I managed to track down Abbey Legal dept on (pm me for number) and spoke to a Inga Kirkman (I think thats her name).

I don't think they had been notified about the N244 ammendment, so were waiting for statements to query the estimated portion.

They have agreed to pay in full All charges plus Interest plus court costs (including the £35 for the n244) and surprisingly a bit more as well.

A massive THANK YOU to all for your help and support.

[Xena]

Congratulations Bb.....

[scarletrose]

CONGRATULATIONS GOMEZ HUNNY xxxxxxxxxxxxxxxxxxxxxxx

hugs xxxxxx
scarlet