Two letters and still nothing!

[Mike12421]

Hello again, this is my second post. This is where I'm up too;

16/03/06 - Initial request for statements sent to Abbey.
22/04/06 - Recieved letter requesting money for statements.
24/04/06 - Second request for statements sent, this time including £10.
02/05/06 - Recieved Statements from 27/02/05-27/03/06.
27/02/05-04/03/05=
04/03/05-28/03/05= 4 charge(s) = £92
28/03/05-27/04/05=
27/04/05-27/05/05= 1 charge(s) = £30
27/05/05-27/06/05=
27/06/05-27/07/05=
27/07/05-27/08/05=
27/08/05-27/09/05=
27/09/05-27/10/05= 2 charge(s) = £60
27/10/05-27/11/05= 3 charge(s) = £90
27/11/05-27/12/05= 2 charge(s) = £55
27/12/05-27/01/06= 7 charge(s) = £220
27/01/06-27/02/06= 2 charge(s) = £50
27/02/06-27/03/06= 2 charge(s) = £55

The two letters that I have sent are as follows;

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LETTER ONE (Sent 16/03/06);

XX XXXXX XXXXX
XXXXX
XXXXXXXX
XXX XXX


Abbey National Building Society
(Local Branch)

16th March 2006


Data Protection Act disclosure request


Dear Sir/Madam


ACCOUNT NUMBER: XXXXXXXX


Please supply me with a complete list of transactions and charges relating to my bank account since 17th March 2000. Alternatively a complete set of bank statements for that period will be acceptable.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

You have 40 days in which to comply.


Yours faithfully,





Miss Joanne XXXXX
---------------------------------------------------------------------------------
LETTER TWO (Sent 24/04/06);

Pam Speed
Regulatory Compliance
Abbey National plc
Abbey House
201 Grafton Gate East
Milton Keynes
MK9 1AN

24/04/06

Data Protection Act disclosure request

Dear Pam Speed

Account Number: XXXXXXXX

I am in receipt of your letter dated 20/04/06, which I received on the 22/04/06, outlining that you could only provide me with printouts covering recent transactions on my account, because any earlier information has been archived. Please find enclosed a signed copy of a "Authorisation Request for Data Protection Act Transaction Statement", giving authority to debit my account by £10.

My request was for a complete list of transactions and charges relating to my account since 17th March 2000 – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions.

I am aware that you have been willing and able to provide other customers with a print-out of transaction information covering this period – and am ready to bring this to the attention of the Information Commissioner should it prove necessary. I would also draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246 (Ch).

This letter has been sent by first class recorded delivery, and therefore should have reached you by 25/04/06 – as you will be aware, as of this date you have just 40 days (3rd June 2006) in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for Data Protection Act compliance.

Should there be any further attempts to delay compliance, I will be left with no alternative but to escalate this matter into an official complaint to the Information Commissioner and/or the County Court under s.7 and/or s.13 Data Protection Act


Yours faithfully,




Miss Joanne XXXXX
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So two letters later, and a whole lot of waiting, and still nothing from ABBEY.
I jave just returned from abroad, and was hoping to find a stack of statements, but nothing.
What would anyone suggest I do now, as you can see from the statements I have above, there is money to be claimed back, but I have no idea for what amount prior to those statement.

Thank you in advance.

Joanne.

[Karnevil]

Well I think you should proceed with the complaint to the Information Commissioners Office, and either go ahead with a claim under s.7 or work out a reasonable estimate based on the charges you already know about and send the prelim refund request later based on that....

A reasonable estimate would probably be something around £200 to £400 a year based on what you have said.... thats just my opinion tho'

[Jane Austen]

I would endorse what Karnevil has said.

My own claim is partly estimated and I am now at the stage of requesting judgement because they have not acknowledged service of my claim.

I also reported them to the Information Commissioner and they are currently investigating my complaint.

[give_me_it_back]

Stick to your timeframe. You will lose face with them if you don't go ahead with the threat to commence county court action.

Keep strong and good luck.

[Mike12421]

Thank you to everyone who has replied.
I have just about finished the Freedom of Information Complaints Form, however regarding going ahead with the County Court side of things, I have no idea how much to quote. I see that it is estimated between £200 - £400 a year, going off what I have quoted. However, I believe it is a LOT more than that, due to varous incidents that happened approximately 2 years ago. I just don't know how much.

Thanks again.

[superlucky]

Mike,

Im in exactly the same stage with shabbey providing nothing more than the last years statememnts.

Really i would like to take them to court to force them to provide the remaining statements, does anyone know if we can do this online or would we have to go to the county court?

[Karnevil]

I see that it is estimated between £200 - £400 a year, going off what I have quoted. However, I believe it is a LOT more than that, due to varous incidents that happened approximately 2 years ago. I just don't know how much.

I was going on £30 odd a month (taking an approx average from the last year) If you think it was more in some years then estimate how much

say 2000 £250
2001 £250
2002 £ 400
2003 £400
2004 £200
etc

If you do estimate under, you can always claim the rest back later. If its over then Abbey will have to show you your charges to prove it anyway.

I know some people dont recommend estimating claims so have a read about some threads about it.... you may prefer to claim under sec.7. first to force compliance with the Data Protection Act request...... look at Seminoles DPA sticky.......Seminole v Abbey: £10,235 RECEIVED