fergal v abbey nearly over

[fergal71]

i emailed egg, abbey, barclaycard, capital one for copy statements

so far only barclaycard have refused stating microfiche argument, I have sent them another standard letter saying they have 7 days to return statements before court action under Data Protection Act.

I think email seems to be the most straigtforward way of reciving your statements if you have online accounts.

will keep you posted moneyclaims to follow

Emailing is no good, he reason we say this is because by law they dont have to comply with your request until you send them the £10 to cover it.

We always advise people to write with a cheque recordrd delivery.

Louise

[Tina&Gaz]

emailing didn't work for me either, in the end a recorded post letter with the £10 fee got them into gear (well one years worth of statements anyway)

[Bigfishnet]

I've done both. Interestingly enough I recieved a reply within 3 days from Sheena Small confirming they had recieved my web request and can I send them £10 for multiple statements £5 for a single.Have not replied to this but sent a Data Protection Act instead

As of yet (5th May) not even an acknowledgement for the Data Protection Act request.I sent it recorded delivey and have electronic proof of receipt etc..from Royal Mail.

Looks like they are delaying as much as they can the Data Protection Act's as I think they realise these are the one's where further action will take place.

Can't wait to fill in all those numbers on the spreadsheet!!

[fergal71]

I sent to 3 credit card companies a copy of standard Data Protection Act letter stating they could debit £10 from my card to cover costs and egg and capital one obliged,

[dinghy]

Cahoot & Egg I dealt with exclusively through email/secure web-messaging without a problem (as such... See my threads in related forums) Whilst with FD I used web-messaging with copies sent via post because there is no record of messages on the site.
In all the messages, I gave them authorisation to deduct the £10 from my account with them, which IMHO should be enough to constitute payment although this isn't guaranteed and may delay you if they decide to argue it...
I am certain that this has accelerated the process (to my benefit) and none of them have actually taken any money (although Egg said that they would !)
If in any doubt I would suggest emailing and sending hard-copies in the post as a back-up and telling them that this is what you are doing.

[alanfromderby]

Today I filed a County Court action against Abbey for non-compliance of my Data Protection Act request.

I first requested copy statements via computer banking on 21st March. A few days later I sent a Data Protection Act request, which they converted to an ordinary statement request - stating that the information was held on Microfiche and fell outside the scope of the DPA.

Despite sending them all the relevant legal references, they have still denied that they have to provide the information that I require.

Please be aware that Abbey are using every tactic they can to delay sending this information. An email request may work with some banks, but it won't work with Abbey. The only way that you stand any chance of getting your statements is a Data Protection Act request - and then be prepared to have to take enforcement action.

If you have not sent a Data Protection Act request, along with the £10 fee, you will not get your information for the forseeable future - and you will have no redress with the Information Commissioner, or the court.

[dinghy]

Originally Posted by alanfromderby

Today I filed a County Court action against Abbey for non-compliance of my Data Protection Act request.

I first requested copy statements via computer banking on 21st March. A few days later I sent a Data Protection Act request, which they converted to an ordinary statement request - stating that the information was held on Microfiche and fell outside the scope of the DPA.

Despite sending them all the relevant legal references, they have still denied that they have to provide the information that I require.

Please be aware that Abbey are using every tactic they can to delay sending this information. An email request may work with some banks, but it won't work with Abbey. The only way that you stand any chance of getting your statements is a Data Protection Act request - and then be prepared to have to take enforcement action.

If you have not sent a Data Protection Act request, along with the £10 fee, you will not get your information for the forseeable future - and you will have no redress with the Information Commissioner, or the court.

Fair call...

However it doesn't hurt to run with both... (email & snail-mail)

[fergal71]

has anybody else who has filed a claim found they could not log on to internet banking....

This service is currently unavailable, we apologise for any inconvenience this may cause. Please try again later.

[Jane Austen]

Me too!

I don't know what good it will do them. Perhaps they think it will make us phone them. I think mine went off before I filed the claim. I put it down to being overdrawn purely because of bank charges, obviously.

[alanfromderby]

Working fine for me!!

[Karnevil]

I think they are updating stuff - routine stuff - my business one went down and I was paranoid until it came back up the next day. I wouldnt worry unless you cant get in for a few days.

[Jane Austen]

This has gone on for about 10 days now. Like I say, I think it's because I'm overdrawn not because I've filed against them.

[Karnevil]

Why dont you give them a call and ask them ? If they go on about your claim you can just say you are not prepared to discuss it with them on the telephone, but at least you'll know why you can't use your online banking. I pay all my bills and manage money online so if they took the facility away I would be scuppered (if I didnt have my parachute account set up already that is !)))

[lisamellor]

yes the same thing happened to me so i called them. it turns out that the card number that i used for internet banking had expired. so they sent me a new reg and passcode for my new card. !!

[Jane Austen]

That must be it then. I got a letter saying they were cancelling my card. No explanation as to why. It doesn't matter though as the parachute is floating safely through the clouds and I'm waving goodbye to Shabbey. Might not be a wave - my fingers keep forming something else!

[fergal71]

i have just received my 50% offer along with abbeys defence.... sent reject letter yesterday giving them 7 days to reply before i send my allocation questionnaire to court... I have stated that if i do not recive offer of 100% in 7 days , I will reject further offers and expect to go to court to ask abbey to provide evidence that charges are lawful and proportionate with the costs they incur....

what do you think, I really feel like rejecting 100% offer after the 7 days to try and get court date and see what happens as we approach court date.... I think if we can get them into court it would end all this wrangling....... any advice would be great

[Karnevil]

hi fergal - good on you rejecting the 50%

I dont think you would be able to reject a 100% offer as this is what you are claiming for and if it gets in to the court room and it comes to light that you rejected 100% the case would probably be struck out. Also I dont think you'll get 100% until after you send in the AQ's - as this seems to be DLA pipers little test as to whether you are serious or not.