Abbey's stalling tactics

[louis wu]

Good morning and hello.

I have been a loyal Abbey customer for years and have never failed to pay my charges….why did we never question them before? Anyway, after months of reading details on this site I decided enough was enough and sent my Data Protection Act request. Guess what, despite reminders, my 40 days and 40 nights passed without receiving anything (just my latest statement listing this months charges).

So I sent a letter and email sent giving Abbey 7 days to comply before I reported them to the COMMISSIONER. Bet that had them shaking in their shoes. NOT. I backed this up with a series of phone calls.

1st phone call made got the response that no request had ever been made.
Oh the satisfaction of quoting the cheque no and date it was cashed. This was greeted by several moments of silence before being asked to hold whilst Ravi spoke to his supervisor, the same supervisor that hadn’t been available 2 minutes before!!

Was then cut off…surprise surprise.

Next stop customer complaints and Katherine. She listened politely and suggested a UK banking centre should be my next stop.

UK banking and Lana.

Straight off the bat was told statements took 6 to ten weeks. When I told her Abbey was obliged to respond within 40 days to a Data Protection Act request she asked me to hold and went off to speak to another department. More music.

Lana was good, at every opportunity she clouded the issue, but the basics were as follows. As I had not filled in a SUBJECT ACCESS REPORT Abbey are not subject to the 40-day rule, and sending any other document to Triton Square is not the way to do it as it was impossible to track down who got the letter. She did concede, however, that as my cheque had been cashed someone must be processing it. Left with Lana as she had asked someone else to look into theis matter. (must get a copy of this conversation, cant remember how I request it, anyone help?). Has this tactic been used on anyone else and any advice as to how to deal with it would help.

My next step will to report Abbey for non-compliance to the Data Protection Act, but that almost seems a waste of time, and I doubt if Abbey will pass my records on to me if I do nothing. So if I can get the bottle I will start a claim via the courts for access to my records. Any other suggestions would be gratefully received.

Thanks to everyone who’s posted and all moderators. I will keep you informed

[barracad]

Did you use the template from this site to make your Data Protection Act request?

If so, that is a valid Subject Access Request so they can't say you didn't complete one.

There are some templates available on here regarding Data Protection Act non-compliance warning them that you will take them to court - send this, and if still no joy you will need to start court proceedings to force them to disclose this information.

Good luck!

[louis wu]

Thanks BARRACAD.

Yes I did use the template and told Abbey it was legal, but I just got the "I dont know anything" line from the highly trained customer representative.

They did all seem well aware of what I was requesting this for, so it must be part of Abbeys training now to teach its staff to fob us all off with 1-ignorance, and 2-red tape.

Am pretty much resigned to the legal option. I can understand why people think its too much hassle, but I will persevere as I have a lot of fines to claim back.

[Rich44]

Seeing as your cheque has been cashed and 40 days are up sounds like its time to issue court proceedings for breach of the Data Protection Act then

[louis wu]

Rich, I think we both know that your suggestion is the way it will end up. But, for the sake of looking good in front of the judge I will follow what seems to be the standard procedure.

My next step, once this deadline has expired will be to send the non-compliance No3 letter. this will give them a final 7 days, thats under 2 weeks from today.

After that I will complete appropriate court form (N1 I seem to recall off the top of my head), tell Abbey I am doing it, and then register the form with the court.

I know various people are already going down this line, and its great to know its not just me.

I also believe if enough people register a complaint with the information commisioner for a breach of the Data Protection Act then eventually something must be done. Unfortunately I wouldn't rely on this course of action alone.

[Rich44]

Yup im not far behind you sent my microfiche letter yesterday and they now have 18 days left so we'll see where we get to then.

Good luck

[louis wu]

Hi all,

On Monday 5th I sent Abbey a letter giving them 1 week to comply with my Data Protection Act request. (letter sent by recorded delivery)

As of today Royal mail cannot confirm delivery.

As my 40 day Data Protection Act deadline has expired, should I just send the NO3 non compliance with DPA requset letter (letter templates) or do you think it wise to wait for confirmation. I did copy the letter to Abbey via email but had no reply.

My gut feeling is to just send the non compliance letter and get my N1 form prepared, as Abbey will stall enough without Royal mail adding to this.

What do you think.

Cheers.

[louis wu]

Just sent the following to Abbey



13TH June 2006

Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: 65853347

You have failed to comply with my Data Protection Act Subject Access Request dated 6th April 2006.
If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.


Also sent a complaint to the Information Commissioner for breach of the Data Protection Act.

Have waited long enough now, and its time to stick to a rigid time scale.

I week to go before form N1 gets sent.