3 questions

**tom2005** · 9th May 2006 20:08

We are currently doing battle with Abbey icon

and need some advice.
Abbey have defaulted us in 2002. I reckon all of the default and much more is down to charges and other abuse. The account was paid off in full but the default notice for approximately £1500 stays with the credit agencies.

We have not banked with them since that date and even though we have asked for statements through DPA request and they have banked our £10.00 cheque they now ask for additional £10.00 for multiple bank statements and £5.00 for single bank statements saying the records have been filed. They say the reason is because the account is closed and no longer held on the computer systems “An administration fee is required for retrieval of the microfiche records”

Question one how far back can we take our claim? Most of the charges occurred during 2001. Does our claim start from the date of our first request because they say that the letter was received two weeks after the date on it. They have all the account information and I am worried that they will nullify their losses by dragging this process out as more transactions disappear over a five year threshold.

Question two while this is ongoing can I alter the status of the default notice with the credit agencies?

Question three do we have to pay them the extra charges for the statements we have requested through the DPA?
Thank you

Similar Threads:

Lueeze · 9th May 2006 21:57

1. You have 6 years icon

, and it starts form when you claim them, so i would go from 2 days after you sent the letter.

Did you send it recorded delivery?

2. Not sure, you can write to them telling them the amount is in dispute, and when you know your charges, include the default remove sentence on the prelim letter.

3. You pay £10 and thats it!

Okay, now all of this can be answered on the forums, so please go read as much as you can, start with FAQ's and work your way through. The search tool is very good too!

Lou x

**BankFodder** · 10th May 2006 21:45

In respect of their response to your Subject access request icon

their reply to you asking for extra money is rubbish. You are entitled to full disclosure of all personal data icon

from maximum fee of £10. The fact that they are clearly able to disclose your microfiche records on payment of an extra fee proves that their microfiche system is a " relevant filing system" for the purposes of the Data Protection Act.
We would very much like to have a scan of the letter that you are quoting from please. Please could you e-mail it to bankfodder@bankactiongrou p.co.UK. A lot of people are having problems with Abbey icon

in respect of the question of microfiche records. I think your letter would help a great deal stop
You can make your claim as far back as six years -- at least. There are one or two arguments for saying that you can go further back than that it gets a little complicated. You should read the FAQ and the forum material and you would find all of these questions were answered. You should allow a couple of days.
Dealing with the default notice which is registered with the credit reference agencies is quite difficult. They won't help you unless they hear something very devil made from the bank. The bank won't want to do anything they would much rather pay you the money but as far as removing the default they would prefer to burn in hell. You will have to deal with the question of your charges first and then your default. You can deal with a default at the same time as the charges but you won't be able to do it in advance.
No you won't have to pay them any extra charges over the £10 which you are required to pay has a maximum fee under the data protection act. If they attempt to repeat this request will insist on it then respond with an abrupt letter threatening a county court icon

claim under section 7 Data Protection Act. This is dealt with in the DPA FAQ which you should take time to read.

**tom2005** · 13th May 2006 11:19

Thank you for your help with the reply. We are sending the Abbey icon

a letter today in the form that you indicated.
On Monday we can forward you a scanned copy of our letter from the abbey but we do not have a scanner at home. As an alternative we can type you an exact copy or hte letter and send later today.

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