Fendy -v- Abbey - Approx. 6K ** SETTLED**

[Fendyweather]

Well, claim number 1 with Shabby well under way as you all know from t'other side, and telephone conference scheduled for 2nd July. E mailed Inga Kirkman deducting 400 squid off my interest for early settlement. No response so TC on 2nd July going ahead as planned. A bit wiser with this one having already been through phone conference for Nutwest one so a bit better armed for this one.

Shabby have just sent me, arrived this morning copy info for my account, which was opened in 91. However, they have only sent me info dating back to 2004. This is the second time I have requested everything from account inception right up to account closure. This is the second time they have not provided the info. So Im gonna ring em in a mo and ask where the missing 149 statements are from account inception and all other SAR info. It may be a closed account but they still gotta comply fully with SAR. Agghgghghghghghg, gawd they make this so difficult to even get the info to start with.

Dopey s*ds. Fendy xxxx

[Amethyst]

Without going over there, Abbey have sent you everything back to 1991 ??

thats pretty good isnt it...or am I bleary eyed this morning.

[Fendyweather]

Sorry Amethyst I worded that wrongly. I mean I opened the account in 91 but they keep just sending info back to 04 only. I have paid two cheque for 10 in total, and still no info. I have sent yet another letter to both SAR address and to the bradford address that my last printout came from saying same at Natwest, either you give me the info, or provide me with letter stating you do not hold info, in which case I will be asking for a signed affidavit to say so when I take you to court for non compliance. So wait and see what happens next. Gotta feeling Im gonna have to take this one to IC office too. B*gger pants. I hate all this delaying, all I wanna do is get the flippin claim number 2 under way before I go on me jollies. Lol Lol Lol xxx Looks like its gonna be on of those jobs that has to wait to I get back. Sadly. xxxxx

[Fendyweather]

Right, I have had, information from Abbey under SAR request, going back to January 2001. I just spoke to Maxine in the Data protection department, the number for which Ive posted in the abbey contact bit, and she said under law they only have to provide information going back 6 years, no more. I told her that there is no time limitation on information and that they are compelled to provide the missing 149 statements. They are arent they ?????

So I told her I would give them till next week to comply with the my request for the missing information. She said she would send an e mail to Bradford to get them to look into the rest, but she said its very very doubtful they will give you information going back further than that because it doesnt exist. Humph, Bah humbug.............. Right, gonna do another letter now to Sheena Small at Data Protection. Kevboy where are ya when I need ya. Fendy xxxx

[Fendyweather]

OMg, umfg, what a numpty am I. In my old famous filing cabinet in the garage, Ive just found statements numbered 1-91, yaaaaaaaaaaaaaaaay, so I only need numbers 92 to 149 now. Not so bad after all, Lol Lol Lol Lol xxxxx

[Tempty]

LOl Fendy
keep pestering them hun
at least your well on the way though now

[kevboy_telford]

still make that phone call fendy - would be useful for other people as well

[archer_66]

ooo fendy u totalled it all up yet?

[Fendyweather]

I have, from 8th March 1998 to 29th May charges are £1795 but with 8% (when it gets to court because we all know it will) it comes to £3018.79, or if I want to go for contractual interest at 29.50% I need to check this rate, need to try and find what rate was applicable for overdraft interest for Abbey for 1998 to 2000 ish, at the mo its coming out at £6307.13 with contractual at 29.50%. I need to check my facts on that one though to make sure I go for the correct contractual rate. Yaaaaaaaaaaaaaaaaay. And thats only with 60 statements missing. I think Im just gonna go for it without waiting for the missing 60 statements. I can always do another claim later on i.e. CLAIM NUMBER 3 FOR ABBEY. LOL LOL LOL XXXX

Oh and guess what, Ive been harassing Inga Kirkman for over a week now and theyve just come back to me with a settlement offer of £5100 on a claim of £5993.16. Ive just e mailed back to say I will accept £5500 and not a penny less. Will get back to ya shortly peepies. Yaaaaaaaaaaaay another win on the horizon me thinks. At least shes now answering me which is something I suppose, although its not her its somebody else called Louise Jacobs whos liaising with me now. I always firmly believe you should keep the door open via e mail. I do.......... its worked for me each time so far. Fendy xxxxx

[archer_66]

ooo fendy looks like ur going to be minted soon then
when u going away??

[Fendyweather]

16th July flying from Manchester with Fly BMI.com to Bridgetown Barbados for THREE WHOLE WEEKS OF SUNSHINE, SAND, AND EVERYTHING ELSE THAT YOU DO ON HOLIDAY. EAT LOADS, DRINK LOADS, SUNBATHE LOADS, SWIM LOADS, SIGHT SEE, LAZE AROUND, READ BOOKS, WRITE BOOKS PERHAPS, LOL LOL LOL. Back on 6th August. Yaaaaaaaaaaaay luscious long break..................

[Fendyweather]

Heres a copy of the e mail I just received from Shabby.

Ooooh almost there, almost there,,,,,,,,,,,...........

Dear Mrs Weather

WITHOUT PREJUDICE OFFER
I am writing to you in order to negotiate a settlement of your legal claim against Abbey. Having verified your claim, I believe the total claim currently stands at £5,992.13 (including all charges, interest to date and court fees). In both the interests of commerciality and the overriding objective of the court process, Abbey (without admission of liability) would like to make you an out-of-court settlement offer of £5100.00
This reduced amount reflects the fact that some charge should have been levied on each of the defaults made against your account and also that an out-of-court settlement will undoubtedly avoid any further time and/or costs expended in the pursuit of this legal claim.
This offer will stand until 5pm on Monday 25 June, please let me know whether you wish to accept this offer and I will process payment.
I look forward to receiving your response.
Kind regards
Clare Fletcher

[enaid]

Wendy!!!!!!!!!!

[Fendyweather]

And heres what I just wrote back. ooooooooh exciting..........


Good Afternoon Ms XXXXXX

Abbey Account: XXXXXXXXXX - Name of: XXXXXXXXXX Weather

I am in receipt of your e mail below.

In the spirit of goodwill and compromise I am willing to agree that perhaps a small charge is fair for each breach of contract. In that case, I am willing to concede that Abbey in fairness, in my opinion only, be allowed to cover their losses only, for each breach in my contract. Based on the fact that the Whistleblower programme recently indicated that the true cost of a bank charge was approximately 0.96 p per item, again, I am prepared to even allow the bank to profit on each breach. Hence I am of the belief that a fair amount to have charged me for each breach is perhaps £2.00. I do not agree that it should have, but purely out of the spirit of goodwill, and in light of the fact that these cases are now clogging up the court system, I am willing to be fair, by allowing the bank to recover its costs for each breach and also even allowing it to profit on each of those breaches by 100% on each of those penalties imposed on me. Therefore, purely out of goodwill, if I allow a cost of £2 per item for each breach, that makes a total of charges of £386, bringing a fair amount for settlement now to £5607.15.

However, furthermore because I am a reasonable and fair person, I believe that to round this down to the nearest £500 would be seen as very fair by the court and the judge in this matter. Bearing in mind the telephone hearing is just over a week away which you are responsible for setting up, then I feel it fair to meet you half way, and therefore would be willing to accept in full and final settlement of this case, the amount of £5500.00 ONLY. (Five thousand, five hundred pounds only). Paid to me by cheque in no more than 7 days time.

Failing that, then I will speak to you in just over a weeks time when the conference call/hearing is scheduled with the judge at Keighley County Court. You will need to contact me for my phone number, which I will be at, for the telephone hearing on 2nd July. This further reduction offered to you represents a total reduction in what would have been due to me in court at todays date of almost £500 pounds. A matter which Im sure you will agree is very fair, and again I will be bringing this to the attention of the judge in this case at trial. Furthermore if the Abbey wishes to take this case right to the court hearing then I will also be claiming for Wasted costs order to the court when I win. This will allow me to invoice Abbey for all the work I have put into this matter in both research and time, to the tune of £9.25 per hour (allowed by court), and also for all postage/paper/printing/ink cartridges/time costs. If you wish to settle now, then I will not pursue a wasted costs order when I win.

If you wish to proceed with full and final settlement to bring this case to a speedy conclusion at the amount above, (£5500.00) then I shall be only too willing to discontinue the case at court as soon as the cheque in settlement arrives.

I look forward ot hearing from you today. As this offer expires end of day today.

Regards



Mrs XXXXXXXXXXXx
CLAIMANT

Ooooh feeling very big and clever today. Lol Lol Lol xxxxx

[archer_66]

ooo fendy thats great news!
not long now then! they didnt pay my ex til 2 weeks b4 the court date!