Abbey accounts ** WON **

[morsy]

I have been with Abbey for many years and the charges and service keeps getting worse. I have complained many times but they just refuse to do any thing. So I have had enough I have moved my account.

 

I have printed and sent off the letter (Recorded post) to get details under Data protection act - Will let you know how things go.

 

I was wondering if you can do this for other accounts - I have a mortgage with Abbey the charges that they apply to this account?

 

If I change the mortgage to another product still with Abbey there is a charge (i.e. £75). If I move it there is another charge. If I pay off the whole mortgage there are even more charges. If I pay late there is a charges etc

[Seminole]

You can go after mortgage charges if they are a penalty for late payment etc. I am doing this with an old mortgage (see the Southen Pacific thread in Other Institutions). I think the jury is still out on early redemption charges and, on balance, I've decided that that might be pushing my luck. You can, however, make a case for this but I don't want to be the first to make it!!

[morsy]

I sent off my DPA request to abbey recorded post got a reply saying it is not a DPA request issue and would be dealt with as general request. I have not heared any more so wrote to then to chase up my statements (last 6 years). Reply received today to say they are on microfiche and therefore not covered by the DPA. They have sent me some screen prints which do not make much sence to me what so ever.

 

Their letter says they will send the statements from microfiche as soon as its retreived from there archive.

 

But how long can that take?

[jonni2bad]

They can only take 40 days, and they are stalling you.

 

Write a complaint to the Information Commissioner's Office (also read this) to get them involved.

[morsy]

I have sent a final demand for DPA information (template form this site - about info on Microfiche).

 

I have also downlaoded and completed complaint form from the data commisioners web site, which will go in the post next week.

 

If I don't receive the info soon how can I proceed with claim?

[eyeballto]

hi, im stuck in the same positon as you at the moment so watching thread with interest

[alanfromderby]

 

Their letter says they will send the statements from microfiche as soon as its retreived from there archive.

 

But how long can that take?

 

However long they want if they are treating it as a general enquiry. See sticky at top of Abbey forum.

[Spiceskull]

Forum clean up - your claim threads have been merged. Please try to keep all posts about your claim to a single thread only. Thanks

[morsy]

Well I have still not had anything from Abbey.

 

I sent my DPA request at the end of March 2006 [recoded post] asking for 6 years worth of data. Got reply as per my posting on 2nd May.

 

I have sent Abbey - the microfiche argument (sticky at top of Abbey forum) letter template, again recorded post, again no reply from Abbey.

 

I have completed a complaint to the Information Commissioner's Office to get them involved [sent recorded], again not had a reply as yet from them.

 

Help!!! what to do now? I think this could be a big ish claim

 

[also claming against 2 credit card companies - claim form sent to court next week]

[Movingon]

Send your complaint to the IC. Also you could send them a "Letter before action" stating that unless they supply the information asked for you will take them to court to get it. I believe there may be a template for this somewhere?

[Movingon]

By the way - re: your mortgage, it's sometimes possible to negotiate with the company you're moving TO, to pay any fees the Abbey charge you... they want your business so they usually don't mind helping out the process a little bit.

[morsy]

Well I've given abbey time to comply... How long should the IC take to get back to me? It’s been 2/3 weeks since I logged my complaint with the IC.

 

What action can I take through the court to get abbey to comply? Is there a template for that? I have had a look and could not find one.

[alanfromderby]

Bank Template Library (DPA Non-Compliance)

[morsy]

Thanks ... I have sent a letter a long the lines of template no 3.

 

Where can I find the wording to use on the court forms?

[alanfromderby]

err. see above!!!!!!!

[morsy]

Ok sorry for being a blank. I found it in a separate thread / sticky!

 

Can I combine the DPA with a claim for repayment onto one N1 form?

 

I have 3/6 years worth and have calculated that the year’s data I have is worth around £2,500 plus £600 interest so just over £3,000.

 

I propose to claim for this plus compensation (£100) for non DPA compliance on the one N1 form. Then when I get the missing Data under the DPA I will start a new second claim for that amount.

 

Does that sound practical / do able?

[alanfromderby]

Can I combine the DPA with a claim for repayment onto one N1 form?

 

I propose to claim for this plus compensation (£100) for non DPA compliance on the one N1 form. Then when I get the missing Data under the DPA I will start a new second claim for that amount.

 

Does that sound practical / do able?

 

I really would treat them separately, otherwise the claim is going to be extremely complex. I would question the "compensation" figure - you would need to be able to provide evidence of actual loss.

[morsy]

So what should I put as compensation? Or should I remove that part from the particulars of claim? If I do remove that then the claim is only for compliance and has no monetary value apart form costs, is that right?

[alanfromderby]

It is not essential to have an amount of damages, but it does seem to make it easier for the court to process. However, you have to be able to prove any loss is directly attributable to their failure to comply.

 

I have just claimed a token amount of £5 to cover the cost of sending a further letter, and my time in writing it, and getting it into the post.

 

I would say it is difficult to resist the temptation of demanding £35 for sending a letter - but that may compromise your position when it comes to demanding they repay charges!

[morsy]

Ok thanks for the advice ... Lets see how it goes ...

[morsy]

Well here is the update...

 

On the DPA side the ICO has written to me acknowledging my complaint, detailing my case no etc. Abbey has done nothing more about complying with my DPA request apart from sending me a list of Direct Debits and Standing Orders etc on the account and the last 12 months statements (which I had any way).

 

I have been through the bank statements that I have completing the library spreadsheet, rewritten to Abbey asking for missing statements under DPA. Sent Abbey first letter (from library) asking for money back. Got reply today stating Abbey have considered my complaint and points raised. Abbey say the charges were due to insufficient funds, and are in line with their T&C etc. If I felt that they were unfair I should have complained sooner (I’m asking for last 6 years back).

 

Abbey feel these charges are fair, inline with their T&C, and the Abbey current account is good value and compares fairly with other banks. Abbey accept that I did not set out to incur charges; however it’s still my responsibility to operate the account within the T&C.

 

If I escalate this to the county court, Abbey will review each case on an individually bases and if the relationship has broken down Abbey may give notice to close the account under their T&C. They have also sated this is a final resolution letter and refer me to the Financial Ombudsman Service.

 

I have sent off my LBA from the library, the template letter final paragraph suggests making a complaint to the OFT regarding the credit licence. When would you make such a complaint and is there a template letter for doing so?

[morsy]

Update...

 

Still not heard any more from abbey ref DPA, not heard from the Information Commissioners Office either.

 

N1 and exemption forms kept flying back and forth hopefully these have been logged, filed and served today

 

Detail to follow soon...

[morsy]

Finally got the court papers issued ... details to follow

[morsy]

Defence Entered and 50% offer received

 

Rejected awaiting allocation qustionaire

[morsy]

AQ filled in and sent off ....