overflow v abbey

[overflow]

Thanks sam78 I hope ive got this right . Ive just done a new thread but cant seem to find it now. Oh well , anyway here goes again .
Ive posted a LBA today to Shabby and will await the outcome another 14 days want to get it right this time. Hopefully I'll have some more news soon
Again thanks sam78.

[louis wu]

is this it?

http://www.consumeractiongroup.co.uk...light=overflow

or this one?

http://www.consumeractiongroup.co.uk...light=overflow

or maybe this?

overflow v Halifax

I think thats all of them

Louis

[overflow]

Yep you found them, I couldnt find them before.
Thank you louis lu, I suppose it would help if I knew my way round this computer first eh.
thanks again

[louis wu]

np overflow,

I've been here a while, so I should have the hang of it by now lol.

[overflow]

seein as how youve got the hang of things can i pick your brains? Im debating whether or not to complain about shabby to the Commisioner cause after all I have been waitin a total of 106 days now for the statements , only recieved 18 mths worth first off but was worried didnt do things right. Sent another Data Protection Act letter in March with another Fee had acknowledgement for letter but no statements as the person who dealt with letter said they would pass it on. Still cant decide what to do though as Ive told them I will give them another 14 days to comply.

[louis wu]

I have had a look at your posts on your other thread, and boy have you had the run around from Abbey!

Before I get into that, will you allow me to get your 2 Abbey threads merged, it will be easier to keep track of things? I wont contact the mods until you say its ok, but just so you know, they may decide to merge them anyway.

Ok, so on to your problem.

I undersand your anxiety about the legal parts of your claim, I know I felt the same, and know a lot of other people (and almost certainly the majority of members) have felt/still feel the same. I promise, it DOES get easier. The more time you spend here, reading other peoples experiences, and re-reading the FAQ's, the more confident you will get, and the understanding will follow. I will be honest, it took me ages to comfortable with this, but even now, I have refer to the FAQ's and other relevant pieces of info. What I am saying, is this, you will be fine, and don't forget, there are lots of people more than happy to help at every stage, and we all need a little help/support/confidence boost from time to time, which you WILL get plenty of.

Now, as to your statements.

A couple of questions for you.

1. Did you send your Subject Access Request's request(s) by recorded delivery? If so, what date(s) was/were they signed for?

2. The £10 statutory fee, what date(s) was/were the cheque(s) banked?

If the answer to the questions was OVER 40 days ago (which having re-read your thread see that they were) then Abbey are inbreach of the Data Protection Act.



There are a number of things you can do at this point.

1. Telephone Abbey and ask them what is happening, and tell them hat their time has expired.

2. Send this letter (I think letter 2 will be the one you need)

Data Protection Act - Non-Compliance - Template Letters

3. Contact the information commisioner for non-compliance of the Data Protection Act

Information Commissioners Office – Information Commissioner's Office is the Information Commissioner website

notification@Information Commissioners Office.gsi.goc. uk is the email address to send your complaint




For what its worth, I did contact the Information Commissioner, but they didn't do much, although I do believe that they should be contacted as the more complaints about a bank the more pressure can be brought to bear (and my complaint was made 11 months ago when this was still in its infancy), and they do appear to be more actively involved now.

To be honest, if it was me, I wouldn't contact Abbey anymore, but would send the templated letter and contact the Information Commissioner, but as always with this process, you need to be comfortable with what your doing, after all it is your claim. But, you do have to ask the question, if they are stalling like this now, before you have even asked for anything back, what will they be like later. IMO, it is time to show them that you mean business, and conduct this claim on YOUR terms and not theirs.

I hope this has helped a little bit, dont forget, pleasse fell free to ask more questions/pm me if you need to, you will not be left to do this on your own.

Regards

Louis

[overflow]

hi louis thanks for all your help first of all. As you might suspect I'm a little bit thick when it comes to posting and making threads. Please feel free to merge the two, I'm ashamed to admit this but I was under the impression that everytime I wanted to put something on here I had to make a new thread , now I take it this isnt the case. WHOOPS,Will I ever get the hang of things I wonder.
Anyhow here goes i'll start from the begining.
Went into my local branch 30th Dec paid £10 fee and asked for 6yrs sratements. No problem there then, no letter just asked.About 2 wks later recieved 18mths worth statements, usual letter microfishe blah blah.
On refrlection I thought perhaps I should have posted a Data Protection Act done the right thingand that perhaps that was why things were being held up.
Waited and waited rang them up a coupkle of times to ask where statements were, told they would look into it.
Convinced myself I had done it all wrong so on 5th March I sent a Data Protection Act with a cheque for £10, (which I might add has not been cashed yet).
Received letter off my local branch stating that " As we do not keep records here we will pass request on to the appropriate branch . They will deal with it".
Ok I thought, well there is the proof that had got my letter as stupid me did not record it. Waited some more then on 11th April rang and local branch and enquired if they could perhaps find out what was going on , was told they would fax my enquiry on.
16th April deadline up for Data Protection Act no word from Abbey.Sent them LBA requesting rest of information and giving them another 14 days. Sent it Recorded delivery as well this time. Hope I have got it right. Do you think I should make complaint yet or wait till 14 days are up?
I would appreciate your opinion .Thanks

[louis wu]

Overflow,

Your not too far off, but have gone a bit astray, although its nothing that cant be resolved easily

When you paid your first £10 in the branch was it cash or cheque? If cash, then that money must have gone somewhere, booked to some internal ledger and should be trackable. It may have gone into your account (if the staff were not aware of what you were requesting they may have done this), if so, then we have to ignore that as the Subject Access Request's date. On the other hand, if it was a cheque, well, pretty much the same applies, and presumably would have been banked, again easy to track. If this is the case then we shall call this the sar's date.

If it was cash, then the following will apply. Do you still have a copy of the letter from the branch stating they will pass on the request? If so, we will consider this the first date that the Subject Access Request's was issued. (what was the date?)

Okay, so the next bit is just about waiting for the 40 days to expire, it sounds as if it may of already. If it hasn't then just wait for the 40 days and hopefully the statements will arrive. If the 40 days have bben and gone, its time to send this (letter 2 if my memory is correct)

Data Protection Act - Non-Compliance - Template Letters

They then have 7 days to respond. Now if they dont respond you have to ask yourself if you are prepared to go to court for your statements. It has been done before, succesfully, and shouldn't be a problem, but needs thinking about.

If they dont turn up, and you do decide to go to court, then this applies

Data Protection Act Non-Compliance - Particulars of claim

If, however they do turn up, then add up your charges and we will start from there.

Its a lot to take in, so I will leave the rest for another day, but when you get time, I would read the FAQ's and spend time looking at other threads and gauging the process and how it will work for you.

Dont forget, you'll be fine, always supported, and believe it or not, one day soon you will be helping people in the same position you are in now.

Best wishes

Louis

[overflow]

hi louis
Thanks for taking time to reply hope I can answer your questions.
I have a letter off Pam Speed dated 23rd Jan.
"Thanks for recent communication, which we received on 4th Jan,requesting information on your account.
The transactional information you require is available on our systems amd will be forwarded to you, free of charge, under seperate cover"
I rang number on letter on 26th Jan at 15-30 hrs.Spoke to Lisa whothen got in touch with my local branch and told me there was a backlog.(I wonder why) I also informed her that I had paid the fee at local branch on 30th Dec so I was not getting them FREE.
!9th Feb 18-20 hrs rang number again , again went through to local branch and spoke to Cheryl who informed me they were ordered and I would get them soon.
No joy from them so I thought that this was because I had not submitted request via Data Protection Act letter so I sent them a DPA on 5th March .
Reply back from my local branch dated 9th March
"Thank you for your recent letter concerning the refund of bank charges on your account. I have forwarded your letter onto our specialist team who will be dealing with your request and will contact you shortly"
Then the standard microfiche shpeel.
Rang again 11 th April spoke to Jayne reminded her the 40 days were nearly up and that I hadnt heard anything and she said she would fax request through.
Deadline up 16 th April no reply so 17th I sent off LBA, but, and here is where I think I may have boobed, instead of giving them 7 days I put 14 days.
Waiting for some reply. Does this answer your questions. I really appreciate all your help. Thanks again.

[overflow]

hhi louis forgot to say that I paid cash the first time requested. When I sent the Data Protection Act letter I put a cheque in , but as of yet it has not been cashed.

[louis wu]

You have done everything correct.....except giving them too much time (not a mistake, and I done the same first time around)

Having read your post, I honestly think its time you sent this

Data Protection Act - Non-Compliance - Template Letters

They have had more than enough time, and are basically aking the mick now. It is nervewracking thinking about threatening the bank with court, but you will have to do it later, so you may as well do it now. Don't forget, you have 130 000 members to help and support you, and its been done lots of time before in relation to the Data Protection Act.

It has to be your decision, but you know they will stall you forever if they can. Having said that, you do need to be comfortable with this, and if your not ready yet, then so be it, no-one will critisize you here, but when you are ready then go for it and we'll be right with you.

Louis

[louis wu]

Originally Posted by overflow

hhi louis forgot to say that I paid cash the first time requested. When I sent the Data Protection Act letter I put a cheque in , but as of yet it has not been cashed.

It looks like they have acknowledge it in writing, so it doesn't matter about the cheque

[overflow]

Do you mean go ahead with letter 3.
Could I do that after only just sending them letter 2.
Especially since Ive put I will give them another 14 days.
Should I just wait for the 14 days to elapse first then send letter 3

[louis wu]

Originally Posted by overflow

Do you mean go ahead with letter 3.
Could I do that after only just sending them letter 2.
Especially since Ive put I will give them another 14 days.
Should I just wait for the 14 days to elapse first then send letter 3

The amount of letters doesn't matter, its the 40 time scale that is.

Yes, upon reflection, wait for your 14 days to expire, then send letter 3. That way, if you do have to attend court to get your statements, at least you can state that you gave them every oportunity to comply

Louis

[overflow]

I think thats what I'll do then. Feel more comfortable with that.
can I ask what might appear to be a stupid question? What does that permalink thing mean.?
There ive asked omg you must think I'm really stupid. When it comes to computers and all this stuff I am. Its like a foriegn language to me.