Thread: Abbey won't send me last 6 year statements

Hi,

I've been waiting for 3 months for Abbey to send my last 6 year statements. They sent me the last 2 years within 2 weeks. But I am still waiting (3 months now) for the previous 4 and half years. I have a fair idea of how much I paid in charges and it's around £5376!!

I now want to issue proceedings. Should this prompt Abbey to reply stating the figure they feel they owe me. If I claim a figure larger than the amount I've been charged then what will happen? Should this prompt Abbey to reply stating the figure they think they owe me and will this delay the proceedings?

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Welcome to the forum, when you say Abbey wont send you your statements did you send them the SAR template from the library here?

If so then you need to be sending a complaint to the Information commissioners office since they are only allowed 40 days assuming you applied in the right way.

You can use an estimated figure but if or when it gets to court you will have to prove the value of your claim.

If you wish to do this then IMHO you need to also claim for non-compliance with the DPA in your claim too and a line saying something like when they supply the data you will amend the claim value accordingly.

In truth i think this is probably an oversite bu if you complain to the ICO and send a copy to abbey you will probably get the rest pretty soon, notwithstanding the caveats about proper application.

HTH

Glenn

Originally Posted by mackay32

When you say the proper way what do you mean?

A written application as set out in the template library.

I called Abbey's customer service at the begining of September and they told me they would debit my account for £10. I then recieved a response on 11th September asking me for £10 for the archived statements but recieved my computerised statements within 2 weeks. As I was away I did not see the request letter until 9th October.

I called their complaints department on 16th October and they said I did not need to send the £10 charge and I would recieve the statements within 2 weeks. As you can guess I did not recieve the statements within 2 weeks and made a follow up phone call and was told the same thing. I've been told the same thing every 2 weeks for the past 7 and a half weeks have recieved another letter requesting £10 around 23rd November which I sent by cheque and have had the £10 cheque returned to me and told my request has already been dealt with (dated 29th Nov). My case has been logged on their complaints department computer system all the time and I have 7 names of the people I have dealt with including 1 from admin who was supposed to be "sending out" the statements today and a customer complaints manager who is supposed to get back to me within the next 48 hours.

Can I presume that I can now send my complaint to commissioners office and start my proceedings ? No not unless you filed the request in writing and paid the fee.

When they wrote back to you with the data they did send, did they put a letter with it and what did it say?

Glenn

Hmm perhaps the HM Revenue & Customs would be interested to read that they are destroying documents that are less than 6 years old

Tiggs

As far as i can ascertain there is no legal obligation to hold documents for any particualr period and the IR told me verbally that they now only ask for three years worth of records.

I have found nothing that actually forces anyone to keep records for specific periods in this context.

If you know of a bit of legislation that says otherwise then id be pleased to know.

Glenn

Ironically I got home frm work yesterday and there was a envelope from Abbey containing the statements I requested.

I didn't request in writing or pay the fee as I just called the complaints department on 0845 600 6014.

The manager who confirmed they had been sent out was call Shah Mohammed.

I advise anyone who is having the same problem as me, to get on the complaints departments back like I did because it paid off for me!!!

My claim comes to £4,482 inc interest!!

Mackay

Something worth thinking about is that if you advise people to ring that person make sure you also tell them they must have filed the papers correctly in the first place.

If they ring and don't get their data then they have no recourse in law, so it should be an additional route, not a substitute.

As much as you received your data Abbey are still playing a game it appears to me on occaisosn and so people should file first ring second.

HTH

Glenn

GlenUK - I just told my story how it happened. Before I registered to the CAG I had no idea about S.A.R or the Commissioner. Had I known before hand I would have used that route first, because as you rightly said, recourse through law could have been difficult.

Bluemoo2 - I made my first phone call to complaints around the 16th October and recieved them on the 14th December (2 months). They contacted the admin department and kept teling me I'd recieve the statements within 10 - 14 days, so I had to call them back after every unsuccessful deadline, and ensure that they not only contacted the admin department but also contacted me the same day to confirm the statements would be re-sent. A couple of the assistants were a little reluctant to apply urgency to my case where as others were very helpful.

However another point worth noting for all those who started out making or who have been making phone calls, I did and it is always advisable to note everybody's name you speak to and when you call back not only get the persons name you get through to, but also ask them to confirm and clarify the notes that should have been made on the computer system contains correct information about the conversation from your last phone call. The advantage of doing that is provided their computer system does not crash, you can refer to that evidence (which is not entirely neccesary if you use S.A.R) in your claim. However the disadvantage would be if their computer system were to crash. Plus it is not unusual to speak to staff memebers who for some reason do not always log the full details from their last phone call with you, so it's always advisable to confirm this has been done before ending the call.

Mackay

I'm not sure if were talking at cross purposes here but maybe its worth confirming some facts.

For SAR to be valid is MUST be in writing, this is what the act says.

Re phone calls, as much they're notes are OK, your notes are a lot better, recordings are better still and written correspondence is best.

When you make your notes, time, date, name of the other party and a precise of the facts should be the minimum.

Finally sorry if my posts come across as abrupt or seemed critical in any way, was not meant to be, we all learn lots from reading and doing stuff as a result of being on here.

For my part things i have done in the past i wouldn't do again its all part of the learning process for all of us i think.

Glenn