Fendyweather -v- Abbey - Round 2

[Fendyweather]

Well with first claim just about ended, just waiting for cheque, should be this week they said for £5500.00 I decided no time to waste. On with claim number two, pre 6 years. Worth a go for nothing. I already have most statements, Im a hoarder, so fortunately had kept them. Im going for contractual interest on this one too. So Im gonna plough ahead with the info I have, I can always do a claim 3 for the missing 60 statements only.

I have sent SAR and they havent fully complied they havent sent any info over 6 years old, so am gonna go down the route of asking them for a signed letter from their Data Control manager stating they do not keep info any longer that that. If they can produce on for me, I will go away, until further evidence comes to light that they can go back longer than this, but if no letter forthcoming then I will be starting court claim again for non compliance. They have another week. No more............ Gonna start the claim anyway with the info I have. Sending prelim once Ive banked cheque number 1. There, that feels soooooooo much better now. Aaaaaaaaaaaaaaaaah. Phew. xxxxx

So far with even with the missing statements, with contractual interest its over 6K. Phew. Bigger than the last one even. Fendy xxxx lol lol lol lol xxxx

[Tempty]

Lol fendy, you're gonna end up being feared by all banks
ya never know hun, by the time you get half way through with all your claims, word will get round, you'll just have to say who you are...they'll make you an offer LOL

we can all dream eh

[peed 'orf]

I have sent SAR and they havent fully complied they havent sent any info over 6 years old, so am gonna go down the route of asking them for a signed letter from their Data Control manager stating they do not keep info any longer that that. If they can produce on for me, I will go away, until further evidence comes to light that they can go back longer than this,

shAbbey are supposed to have info going back to 1929, just don't know how to prove it.

[Glenn UK]

does this claim have anty charges less than six years old in it?

Glenn

[Fendyweather]

Nope Glenn, theyre all over 6 years old, every one of em for Claim 2.

Fendy xxxx

[Fendyweather]

Nothing new to report, but received letter today from Shabby on Claim 1 just confirming cheque will be with me anytime now in full and final settlement of my claim (thats claim number 1, £5,500.) so once thats in and banked, sending prelim off on Claim 2 for just under 6K again, lol lol lol and will also remind them of my first win and see if it makes any difference in the way they act towards claim number 2. Fendy xxxxx

[Glenn UK]

do you have your case law sorted for the limitations act and laches?

are you aware of the potential difficulteis with CI and charges over six years old without charges less than six years old?

Re your SAR as far as im aware they do not have to give you anything to confirm they have destroyed your data. If you start a claim against them for non-complaince you need to be careful about how you word your POC to reduce the chances of costs being awarded against you if it goes the wrong way (I know of a claim against barclays for non complaince where the claimant lost and had costs awarded against them recently).

Although we may believe they hold data longer than 6 years, you need evidence ideally to present to the court. Do you have any?

Re the supposed age of abbeys records, the date they held them back to was 1926. this came to light when i discussed this with s former employee of abbeys fiche dept when i was doing stuff for the DPA on CAG a year or so ago.

HTH

glenn

[standingupformyself]

Am reading this thread with interest... have got a now closed Abbey Account that ammassed charges between 1997-2000, no statements though.......

[Fendyweather]

Well, I havent done much in the way of case law yet, was gonna be getting to that once claim 2 had filed at court. Luckily I found a good years worth of statements in my old filing cabinet for 98/99 and charges alone came to just short of 2K, so have sent prelim anyway. Is this gonna be a problem then do ya think, if none of the charges are under six years old ??? Yikes.............. Fendy xxx

[Glenn UK]

The problem with claims which are contentious such as those for CI and charges older than six years is that without some charges which are not statue barred you have to convince the court that there is a claim to be heard.

The Bank can argue section 5 of the limitations act and/or doctrine of laches and you have to be prepared to argue against both of those issues before they have to go near a hearing. its likley that the bank wouyld aruge at an AQ/Directions hearing that your claim should be struck out that presumes they dont just apply in their defence for the claim to be struck out (they will almost certainy use this)

The battle will be to get the claim heard, not whether the charges are lawful or not.

I am not saying you cannot do it, only that its harder without some charges which are not statue barred.

For future reference anyone considering claims with charges older than six years would be best advised to make sure their claim has charges within the statutory periods if possible.

JMHO

Glenn

PS the issue is convincing the court that you can prove the charges are unlawful and therefore Sec 32 applies. Doctrine of Laches is not a good defence in this case since if the charges are unlawful the banks are still applying unlawful charges, this bites into the core of this argument and negates it in my view.

PPS if you have done so, go do a Google on Doctrine of Laches to get an idea what it involves, and of course search for Limitations Act.

PPS if you want further support ill see what case law I have at home if i can.

[Fendyweather]

Crikey gonna need my thinking cap on for this claim me thinks.......... Well its LBA time on Tuesday 10th July. So will send off and see what happens. I have claimed contractual compounded interest on this too. Is it now going to be null and void do ya think. ???

[Glenn UK]

if you had a single charge which was current this is all it needs to support the pre six years charges.

Do you still bank with them?

Glenn

[Fendyweather]

Nope, account was closed in 2005. I dont bank with them anymore. Is this gonna be a problem ?? They just paid out on first claim without getting to court.

[Glenn UK]

Wther it is a problem depends on what their defence says and whether you have an argument against them.

I doubt they will simply pay out, i hope im wrong.

glenn

[TANZARELLI]

My second Barclays claim (which is on hold due to lack of dosh currently) is for pre 6 year 1K of charges and 1 charge from Feb 2007. I am waiting to get some dosh together to file it but that one recent charge gives me the ability to argue the lawfulness of the charges so I decided to close the account just so they couldn't pay it into the account also.