Abbey - missing statements?

**zootie** · 23rd November 2009 16:28

Hello,

My other half is reclaiming his bank charges from Abbey icon

. The SAR icon

was sent back in September and the cheque has been cashed. A list of charges/statements arrived however the only problem being, they only sent them starting from January 2003.

My other half called them and requested the charges from July 2001 and the woman on the phone said that on the system it said it was only requested from January 2003 (a lie)! After about half an hour of waiting, she finally said that they will send out the missing statements.

After waiting a further 2 weeks to no avail, a request was put into writing for the missing statements.

Abbey replied;

Thank you for your recent request. Abbey is not normally required to hold past transaction details on your account for more than 6 years icon

. Unfortunately, we’re therefore unable to give you the details you’ve asked for.

If you have any questions please give us a call on the number above.

Can anyone advise on what to do next?

Thanks

**BankFodder** · 23rd November 2009 17:05

don't expect any help from the bank from this. It is not in their interest icon

to give you data which you need to make a bank charges claim.Abbey keep all of their data back to 1926.

If you are prepared to take legal action about this then you can deal with it. If you aren't then quite frankly there will be very little that you can do. On the other hand if you are prepared to take legal action then I expect that you will have an easy victory and you will be surprised at what comes out of the bank. I would be very grateful if you could scan me a copy of this letter that you have happy saying that that is all they have because I have contacts with the FSA who are very concerned about what is going on and they would like to see the letter. You aren't the only one who is having this problem with the banks at the moment. If you can scan your letter, please scan it to the admin icon

address -- admin icon

(at) consumeractiongroup.co.uk

Don't take the identifiers out please. Don't worry it is all in confidence. There won't be any publicity about your letter. It would only be the FSA who saw it. It would not be shown to the bank. it would help an awful lot of other people who have the same problems.

If you are prepared to take legal action about this encounter they'd all of the charges that you do know about so far. Enter them onto our spreadsheet. Calculate the 8% statutory interest. And prepare a form N1.
You will find a template in our library.

However you will modify the claim form to include a claim for breach of section 7 of Data Protection Act 1998. You will say that you supplied the bank with an SAR icon

on such and such a date and that they fail to comply. You will then ask for an order from the court requiring them to comply with the SAR icon

.

I fully expect that once the bank get your claim that in order to avoid the humiliation of a court order against them they will supply you with the data you need. Once you have that, you go through it calculate the additional charges and amend your claim icon

.

If you are not prepared to bring the legal action that I suggested then don't bother to bluff because believe me they won't lift a finger to help you until they have aclaim form with it and their lawyers tell them that they better behaved themselves.

**BankFodder** · 23rd November 2009 17:12

Incidentally, I should point out that by withholding this data from you, Abbey icon

are in breach of the fsa waiver icon

conditions. This will be another reason why they won't want the publicity when you bring your legal action

**zootie** · 23rd November 2009 17:28

Thank you for your reply. I will happily email over a copy of the letter sometime this week.

Just to clarify – if my other half wants the remainder of his statements/whatever else Abbey icon

has on file regarding him, that he would need to file a court claim for the bank charges he will be reclaiming from Jan 2003 to date from the statements already received from Abbey, and in the claim form there will be a section where he can state that Abbey didn’t comply with the SAR icon

and asking the Court to force them to comply? If/when they do send the missing info, is it simply a case of just amending the particulars of claim to reflect the new total of charges added?

How likely are Abbey to send out the missing information if a Court claim has been filed? Are they likely to drag it out? End up in Court? How much is this legal action likely going to cost? Sorry for all the questions, I want to make sure I understand the process fully before deciding what to do next.

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