dave55 vs. Abbey **they won't send my statements**

[dave554]

Hi, thought I'd start my own thread for updating with my case.

 

I sent the Data Protection Act request on the 17th June and recieved a reply a few days later denying my request. I immediately sent off the Data Protection Act rejection reply from the sticky above. A few days later my last year's worth of statements arrived (which they said they would send straight away) but today I recieved a letter again rejecting my DPA request again - they seem intent on sending my statements when they bloody well feel like it and now my initial 40 day timeframe is almost up so just reading on here to see what course of action to take next...

 

Oh... I think they must owe me a fair bit as my charges for the last year amounted to £888 and this month I was charged £300 (for having £20 worth of payments go out my account over my overdraft which I was only over because they charged me £30 last month for a 79p transaction!! Arrgghh!!).

 

Any suggestions as to what action to take now would be welcome? Is it worth reporting them to the ombudsmen and should I make an estmate on what I'm owed (based on the last year) and send the first letter asking for the money back??

 

:?

[murphy55]

Hi Dave

 

I have not received my statements either DPA sent 10th June. I have sent them a reminder but still only 13 months. I have now sent them an estimate and prem letter giving them 14 days.So we will wait and see.

 

Good Luck and keep us all posted with your progress.

[dave554]

Thanks for the suggestion guys. I'm going to send them a prelimanary letter asking for my money back - does anyone have any advice for estimating the amount to ask for? For the last 14 months I'm looking at charges totalling £1188 - should I just use that to work out a monthly average and then calculate back over 6 years or is there a better way?

 

Basically I'm worried about overestimating - is it better to underestimate and can you then increase the amount later or to overestimate? I don't want to look greedy to the courts, I just want to get back what they've taken.

 

Thanks again, without this site and people's help on here I'd be knowhere with this.

[Lula]

Dave, if they wont send you the statements then the best you can do is to estimate, if you are lucky then they will come back to you and say that these are the charges incurred on your account, in which case, you get your statements (it would be very interesting but it hasnt happned yet).

 

The other side of the coin is, as long as you can show reasonableness ie, charges for 2006 to date ( and you can show these) x 5 plus interest, then they cant argue and neither will a judge