Abbey help please

[clurrr360]

God I'm thick can someone help me please?

I sent the original letter on 14/06/06 and received a response saying I would only receive the transactions they had on their systems. The next day I got 12 months worth of statements and expected to receive the rest but now the 40 days has passed and I haven't got anything else back. I've just seen the "re-inforcement" letter but as I'm out of the 40 days I'm not sure if I've left it to late? Also the template letter says send to Milton Keynes but the original letter went to Bradford - shall I just send back to Bradford or will it get better attention at MK?

Any help really appreciated iI'm rubbish at all this and they owe me about £2.5k!

[Pinstriping UK]

Hi I got the same as you, I sent the reinforcement letter which lead to a further fob off, I have now sent in a preliminary request for refund based on the statements I have got,(2 years) then an ESTIMATe of the claim backdated over the previous 4 years It was posted today so no idea how they will view this. But as I understand it we have to include a reference that we require the full amount of refund for the full qualifying period (6 years) and that a further claim willl be forthcomig when this information is availble.

Thats what I have done - so hope I have understood everything correctly - with all the help sometimes it is difficult to know even now!

Good luck and send that letter it keeps the ball rolling.

[clurrr360]

Thanks for your reply pinstripping, that will help me in the next stage.

With the current letter I'm about to send I'm still unsure what to write in the below paragraph as the 40 day deadline has already passed (25/7/06 due to my incompetence mainly) - can anyone help?

This letter has been sent by first class recorded delivery, and therefore should have reached you by 03/08/06 – as you will be aware, as of this date you have just XX days (insert days remaining since they received your original request) 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

Have I caused a problem for myself by letting the 40 days slip?

[Tigs33]

Don't worry if it has gone over the 40 days, you have just given them more time, if they fail to provide statements I would put in a reasonable estimate for the missing charges.

[clurrr360]

Thanks Tigs. I know I'm being really dense here but shall I omit that paragraph then or just change it to give them another deadline?

I have read FAQs but can't find anyone as dim as me. I'm just don't want to give them any opportunity to dismiss me because of my ignorance!

[Tigs33]

Just had a look on the templates library and it is letter 2 you need.

Data Protection Act - Non-Compliance - Template Letters

wording :-



LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

(Adapt this next section to your situation)

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)
2) You have provided no notes, or documents relating to any legal action between you and myself.
3) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

Yours faithfully

[Tigs33]

Give them a further 7 days and then just estimate the missing charges

[clurrr360]

Great thanks Tigs. I'll give that a whirl!

[Karnevil]

If you are threatening court action on the Data Protection Act compliance you need to follow it through.

You can submit your claim for non complaince and send your preliminary letter based on an estimated amount at the same time, and hopefully by the time you get to file your claim for the refund in court, Abbey should have given you the correct information to enable a accurate claim to be filed.

[clurrr360]

Thanks for all advice received thus far.

I have a further question if anyone can help.

When I received the batch of statements I also received what looks like a sceen dump of random information. It's 2 pages showing some transactions but no clue as to what they are and no clear correlation between the 2 pages. Has anyone else received this and can tell me what it is? I'm thinking it's something to do with manual interventions but there''s no obvious clue!

I'm just sending my LBA so don't want to ask for something if it transpires I already have it!

Cheers.

[Jane Austen]

It won't be manual interventions - there are none!!!!! Usually anyway.

[Karnevil]

is the page headed ? Movements enquiry ?


actually regarding manual intervention - i was just talking to bradford and he read out screen notes regarding my request for statements - they manually log all calls you make to them - so why don't we get this info on our Data Protection Act ? We should shouldnt we ?

[Jane Austen]

Along with all the screen notes, I would have thought.

[clurrr360]

There's no heading on the first page just a list of 8 transactions in Feb 05 with 1 charge listed. The second page does say "Contracts Staff movements enquiry" and also has the same charge listed amongst it.

What is a movements enquiry and is it relevant?

Has anyone ever asked for the call log info?

[Karnevil]

no not really - I have the same.

a list of transactions for feb - march 05, then a page priitned sideways called contract staff, movements enquiry.

its basically just the info the abbey use to create your statements.

[Glenn UK]

FWIW

I think there has been a point missed here, when you send the S.A.R - (Subject Access Request) and they respond they effectivley reject your claim for disclosure under Data Protection Act, hence the need to send the reinforcing letter immediately. i think they suggest they will spend your money on something else unless you tell them otherwise.

Failure to send it within the time period they state probably means you have missed the boat on that particular S.A.R - (Subject Access Request) request, i stand to be corrected?

Im not sure if this is correct, but the fact they reject your S.A.R - (Subject Access Request) and spend the money on something else blunts any future action unless you insist on the SAR promptly.

Mind you since the point of the S.A.R - (Subject Access Request) is to gain information you need to sue them, having some information gives you a basis to estimate your claim and shouldnt preclude you from instigating the procedure for claiming it back.

JMHO

Glenn

[clurrr360]

Thanks Glen I appreciate your comments.

Are you then suggesting that I should re-start the process under a serparate S.A.R - (Subject Access Request) as I have not sent the re-inforcement letter? That was my initial concern that I had missed the boat by not picking up on what they were saying in the first fob-off letter.

Confused now as have just licked the stamp to send the LBA!

[Glenn UK]

You only make the S.A.R - (Subject Access Request) to get information you need.

If you have enough information to make a claim in its entirety or to estimate for the periood in question then why bother with the S.A.R - (Subject Access Request)?

Im not saying let them get away with ignoring a legitimate S.A.R - (Subject Access Request) request, but i think because you didnt follow up their initial response they (and by your inaction you) have cancelled the SAR.

So i guess from your post you have made an estimate, you can still make a S.A.R - (Subject Access Request) to try to get data older than the 14 months or whatever period they sent you, but its a matter for you to decide what you need.

HTH

Glenn

Dont forget, most of us on here are only 'barrack room lawyers', so you need to make your own assessment of what you need and what you want to do.