Data Protection Act Request

[dazd]

Hi im new to site but been reading a lot of posts and seem to be in the same boat as everyone else when it comes to bank charges so i thought why the hell not have a go at getting mine back.

Sent off the template letter requesting a breakdown of my bank charges for the last 6 years on 6th of june, recieved what now appears from reading threads on here the standard response letter from shabby about microwatsit crap and that as i had included the £10 admin fee they would use it to access the records to "avoid any further delay" but that microfiche is not covered by the Data Protection Act is that true?
a few days after that i received a huge wedge of envelopes containing statements going back to january last year.

Ive read on one thread that i should contact them requesting the rest of the info i requested is there another letter template i should use as i cant find one ? or do i phone and tell them microfiche is covered by Data Protection Act and the clock is ticking?

Appreciate any advice you can give me bit worried about all the legal stuff and im not to good at writing letters but im ready for a good scrap with shabby.

[comanche]

Hi and welcome to the site.

Please read the FAQ and Library sections if you haven't already done so. There's loads of info in there and it will take a while to become thoroughly familiar with it.

Abbey have 40 days to comply with your Subject Access Request. The microfiche argument is a well trodden path. Have a read of some of the threads here and you will quickly get a feel for what's going on.

If they have written to you saying that they will be apply your £10 to paying for the fiche statements, you should write to them stating that you disagree with this treatment and that you regard the £10 as paying the statutory fee for your Subject Access Request.

You will need to wait a while longer before doing anything else but there is a specific FAQ dealing with this and some template letters in the Library that you can use if you have to.

Please ask any other questions you have and do tell your friends, family and colleagues about our forum.

[dazd]

Hi
Thanks for responding so quickly.
Im currently in the process of reading and rereading the FAQ's and various threads on the subject all of which is very interesting and informative, Ive now found a letter written by alanfromderby about prompting them for the remainder of the info Ive requested so i'll be sending that off in due course.
Will endeavor to keep you all posted on how this all develops

Daz

[dazd]

Hi there
Checked my account this morning with abbey and it would seem they have cashed the cheque for £10 for the info i requested so i think i will give them another week to see if it comes through if not i will chase them up with a reminder letter they have until 18th of july to comply with the 40 days.

if i get everything through with no problem i will let you all know as it seems a lot of people are having trouble with shabby getting this information.

Keep fighting.
Daz

[Jane Austen]

They only have 18 days left if they are treating it as an Subject Access Request. If they are not then they can take as long as they like, which in Abbey's case is usually never.
You need to make sure NOW that they are aware it is an Subject Access Request under the terms of Data Protection Act.

[dazd]

Right thanks for that nnelson will draft letter up and get it in post tommorrow.
cheers.
daz

[dazd]

Right just thought you'd all like to know I never got around to sending shabby a reminder letter I did however phone shabby's customer service's 2 weeks after they cashed the check for admin costs..( I know Im a bit lazy and slow)
I told the guy I spoke to that I had made a request for my bank statements for the last 6 years and that I had not recieved the ones stored on microfiche even though they had taken my money sent as payment for admin costs I made no reference to the Data Protection Act he checked my account and confirmed that payment had been taken before putting me on hold to speak to someone in the microfiche department, when he came back he told me they were very sorry and couldn't understand why they had not been sent ( we all know why they weren't sent!!!)
and that they would be posted out the next day, I recieved all my statements right back to 2000 2 days later!!!! just goes to show they can do it in a few days when they want to!!!!

[adelita]

hi, im quite new at this so any help and advice would be much appreciated, i also sent a subject access request to shabby abbey along with the £10, on the 2nd of march, they wrote back on the 7th april saying the following
as some of the information you require is currently availableon their systems they will forward that with in the 40 time period,free of charge, in the form of duplicate statements. information prior to this has been archived onto microfiche, they have received the £10 and the rest will be sent seperately.
duplicate statements will not detail any of the pending charges that may have appeared on the original in the interest and charges section. this is because any charges pending at the time of statement issue will show on the next statement as either having been applied to the account or reversed. upon production of a duplicate, charges will no longer be pending and will show in the list of transactions for the following month. you have also asked us to provide notes or documents relatin to manual interventions . our understanding of this is an action that is not automatic or computer-driven. i hope that you willappreciate that not all manual interventions on your account are recorded. for example if a member of staff looks at a paper document relating to your account, a record of that activity will not always be made. also, interventions may relate to work carried out by a department rather than individuals. no central records of these activities are kept, because this is not the kind of information we need, or more importantly, that a customer would usually request. iam therfore unable to provide you with this information.you have also asked for details of any charges incurred on your abbey loan and your credit card. the abbey loan does not incur charges. however i have forwarded a copy of your letter to mbna who administer your credit card. you will be hearing from them shortly.

why questions are as follow
if they received my letter shortly after 2nd of march, why send me a letter saying they are dealing with this on 7th april, it is now 16th april and i have still not received any statements, are they also saying that theydont hold manual intervention records??????????????????
and do i start counting the 40 day statutory days from the day i wrote the letter, if so what can i do next????????????????????
any help and advice would be much appreciated

thanks