PeterR32 V Abbey

[PeterR32]

Hi all

 

Been reading so many threads but it's all getting too much for me, cant keep track of what to do and when.

 

I have -:

 

Sent Inital Data Protection Act 3rd July received by Abbey 6th July

Recieved Microfiche fob off letter from Pam Speed:mad: and the usual 12mths statements arrived

(Bit slow in sending reply Letter) Microfiche letter sent 21st July they received 24th July.

Another fob off letter received today from Marc Winder one of his team is responsible for investigating my complaint, will contact me in four weeks.

 

Not sure what to do next the original DPA runs out 11th or 14th not sure when the forty days start. Date of letter or when they received it?

 

Any help would be much appreciated.

 

P

[welly]

Hi Pete

 

The 40 days start 2days after you sent the DPA SAR from what I have read and send them a reminder with how many day's they have left for the SAR and then the LBA for non-compliance of the SAR:)

 

Welly:)

[PeterR32]

Hi Welly

 

Thanks for the speedy reply, would I be right in saying that I could send the letter in

Data Protection Act - Non-Compliance - Template Letters

from alanfromderby in the Bank template letters. Template 1.

Would quote it but it wont work.

[welly]

Yes that should do the job pete:)

[PeterR32]

This is the letter I will be sending tomorrow, a couple of questions:

1) Who do I send it to as the last letter received from Abbey was from Marc Winder. Do I send it to him or Pam Speed?

2) Is the bit in blue sufficient or does it need more?

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

4th August 2006

 

Dear Sir/Madam

 

Account: *********

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 3rd Jully 2006. The disclosure of personal data is incomplete in that at least the following documents are missing.

You have failed to provide a complete list of transactions and charges for the period 01/06/2000 to 03/04/2005.

Also you have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 10 days to comply.

 

Would just like confirmation before I send just incase I'm doing somehing wrong.

P:smile:

[PeterR32]

Thanks for the proof read Karnevil was getting a bit late last night.

 

Who do I send it to? Pammy or Marcy, or someone completely different.

 

Thanks

[welly]

Send it to mark dont want him getting upset and thinking we all like Pam more lol and Pink suits you sir lol;)

[PeterR32]

It's been a long wait to get a response from Abbey and guess what?.... Yep i'm still waiting (as so are many others).

 

Just about to send off my LBA as the 40 days ran out on Monday, thought i'd give Shabbey a chance to sort it out also been busy at work.

 

BTW this doesn't affect my claim not keeping too the time table exactly?

 

I am giving them 7 days but when does it start from, as 2 days after I send it will be a Saturday and if I count 7 days from then it also lands on a Saturday.

 

Help needed as I dont want to jump the gun and screw up my claim or possibly others.

[philread1]

Hello Peter

 

I can't help you with regard to filling in your N1 form for non-compliance, but the shABBEY have decided to take a few people to court of late, and a bit of advice from one that did, I forget his thread(I'll try and find it for you), was that I would be better off not going through with the N1 for non-compliance at present until the Information Commisioner had reported back after their visit to shABBEY' microfiche dept. on the 6th September. This seems to be another delaying tactic by shABBEY!!!

 

I took him up on his advice, and put in a Prelim letter with a schedule of estimated charges from the information I had received, as you about 12 months worth. It might be worth you putting in your Prelim and estimating your charges for now, at least you get the ball rolling with getting your money back. If at some point down the line shABBEY decide to give you all the information you have been requesting, then you can alter your schedule to suit.

 

Hope this helps

Phil:)

[philread1]

Quote:

Originally Posted by philread1

edit....

I'm also filing my N1 form in the next couple of days, as so many others are. If shABBEY are going to keep this up, they are going to embroil themselves in a good old mess! Lets hope they get the kick up the a*** that they need on the 6th September!

Well Done, again!!!!!!

Phil:grin:

Thanks Phil.

If you're going to file an N1 under Sect 7 Data Protection Act, I really would urge you to think very carefully about it just now. I would be of a mind to hold off until the Information Commissioners Office reports back - but that's just my personal opinion.

 

Hello Peter,

 

The above is oddfellows response to my post on his thread. The link below is oddfellows thread:

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/8969-oddfellow-abbey-d-p-6.html

 

Phil

[PeterR32]

Thanks Phil

 

Letter got sent anyway, left it on my desk and someone thought they were doing me a favour and posted it. Not a huge problem just wont follow it up (at this stage anyway wait to see what happens on the 6th).

 

You mentioned the prelim letter and est charges, I know this is going to sound really dim, but in the prelim letter in the library do I leave in the bold titles of each paragraph or is that just stating to us not so clever people what each bit means.

[philread1]

Hello Peter,

 

I left them in. With all the template letters I take it that only the information in red is all I need to change, I then read through the letter then send it off.

 

Phil

[PeterR32]

Will ponder over the titles the weekend and send out on monday

[PeterR32]

In a bit of a quandry, I need to send my prelim letter but in 1 thread Karnevil suggests that we should wait until after the 6th and the abbey visit for the results (cant for the life of me find the bloody thing now).

 

I have last 14 months statements but there is some contradiction on some threads. Can i send an estimate of charges or do I wait until the results from the Information Commissioner visit.

 

Any help would be appreciate.

[candles47]

Peter Hi, i had the same experience as u. Received 12mths of statements before the 40 day expiry and that was it. I wrote to them again regarding the microfiche argument and they said id get the rest of my statements in due course (am still waiting) with the statements i had and others i found my charges came to 3grand for 19mths. So i wrote to the ICO re Abbeys non compliance with DPA and my request for transactional charges, they told me to wait til 11 Sept as they will be inspecting Abbey on 6th. I also wrote to Abbey requesting back my 3grand, gave them 14 days (expired) and ive given them a further 14 days expires Sept. They wrote back saying they were sorry i had to complain etc etc and they would investigate and write to me again. If u read the threads on this forums all of the above ive just mentioned is stalling tactics.

My plan is to wait til ICO come back to me, by then my 14 days is up and then i intend going to court (fast track) to claim an estimation of 10grand of charges for 6 yrs. You can certainly send abbey (letter in library) requesting a refund of the charges you are aware of now give them 14 days and send a reminder for a further 14 days. Youll get a letter back 'sorry you had to complain' hope all that helps. Cheers

[PeterR32]

Thanks Candles47

 

My charges for the 14 months are only about £400, I'm not saying I dont need the money but I might just wait to get the report on the 11th. Then I wont be guessing what is actually owed to me.

 

If anyone else has any other suggestions be glad to hear them.

 

Peter

[PeterR32]

I have been very laxed about all this due to not enough time in the day, with work and 2 kids. Haven't sent any letters since LBA, recieved usual letter about complaint taking longer than they thought and can contact Ombudsman if I want to that was on the 19th Sep. On the 21st Sep received this:

 

Dear Mr Robinson

Thank you for your further letter dated 21st July about the transaction information you have requested under the DPA. Please accept my apologies for the delay in replying.

i Understand that you have already recieved details of the transactions and charges that are held on our computer system, which was sent to you free of charge within 40 days. You have therefore been given all the transaction data that you are entitled to under the DOA. Any details prior to this have been archived onto micrfiche.

As microfiche records are not held as part of the relevant filing system, they are not covered by the DPA and will not therefore be provided to you under the DPA request.

I can arrange to send you this information from our microfiche records, however, it is not subjact to the 40 day statutory time period. To cover our administration cost, there is a fee which is payable at the time of you rewuest. For archived microfiche covering more than one month's transaction information, the fee is £10 per account.

If you would like me to request this information, please complete the enclosed form and return it to the shown ASAP. You can pay the fee by personal cheque or postal order made to abbey or we can debit you a/c.

I am satisfied that we have complied with your specific request in accordance with the DPA. All other information requested which is not covered by this act will foolow shortly after ehave recieved you payment

Yours Sin

Grant Allman

My wife point ed out to me that i have already paid £10 due the original DPA,

 

Any thoughts would be appreciated