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Abbey Subject To 40 Days?!


Cola
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Hi all,

 

My fella is a couple of weeks behind me in getting back his charges. Just asked how long he has to wait til his 40 days are up and he said that Abbey said that they are NOT subject to 40 days.

 

In fact here's his message:

It said in the letter they sent me that not all records are to hand, they are on microfiche film and are not subject to the 40 day ruling. they sent me what they had on file and i just have to wait for them to get the others off of microfiche.

 

Is this right? What makes them so special?! If it's not what can we do when the 40 days are up?

 

Ta

 

Cola

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scAbbey

  • 1st August - Sent S.A.R - (Subject Access Request) recorded delivery with cheque
  • 2nd August - Letter received by Abbey
  • 10th August - Cheque cashed
  • 11th August - Microfiche argument received
  • 14th August - Abbey receive microfiche letter and I also receive 13 statements
  • 25th August - Received Abbeys 'sorry you have to complain' letter

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Hello Cola

 

Seems like you've received their standard computer generated reply!! It was'nt from Pam Speed by any chance was it!!!! Don't worry, it seems to be part of the process of getting your charges back.

 

If your 40 days are not up yet, send them the following letter. Adjust it and send it to Pam Speed & Regulatory Compliance in Milton Keynes.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/4031-abbey-microfiche-argument.html

 

Also take a look at the link below, there are 3 scenarios. I've not bothered with the first scenario as I sent the above letter, but when my 40 days are up I'll be sending the second scenario letter and chasing the shABBEY up for non-compliance.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

When your 40 days are up, then you have to chase them up for non-compliance, but at the same time there is nothing wrong with you putting an estimated claim in based on the information they have given you. At least you will get the ball rolling on your claim, and when they eventually get the required info out to you, you can then adjust your claim.

 

Hope this is not too much information, and hope it helps. I'm at about the same stage as you.

 

Phil

This is only my personal, honest opinion!

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Sorry to butt in on your thread but i'm in similar situation.(have own thread running but not many takers PeterR32 v Abbey).

 

I have had the Pam Speed letter which I replied with the microfiche letter, then I have received letter from Marc Winder '.....unhappy that you have felt to complain...blah blah blah'

 

I have approx 10 days left before my 40 days are up. Will be keeping track of your thread as we are on a similar timeline.

 

Good luck :smile:

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  • 3 weeks later...

Hi, sorry for the delay. We have been away!

 

Dave did as said and sent the letter chasing them up after the microfiche argument. Today we got a reply. Well not a reply, more of a standard delay. It's basically a 'complaints' reply saying that they will thoroughly investigate.. and get back to us in FOUR WEEKS TIME?!

 

It's getting really annoying now but we don't really knowhow much we should be claiming for without the statements. What can we do?

 

Any help, as always would be appreciated. Feels like we're banging our heads against brick walls!

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I reminded Pam speed TODAY (anagram of deep spam?) that as information, is stored on computer (on their central database ????) i am entitled to see it under data protection s,a.r etc, as my 40 days have passed i also reminded her that their are severe penalties.

 

And i have, and will use recourse in uk law within the next 7 days- THEY HAVE MADE ME ANGRY NOW:x -unless information held on me is made available. Furthermore the info commissioner is due to pay a visit to Abbey on 6 sept, to ascertain whether or not the microfiche rubbish is covered under dpa rules.

 

Quite simply if computer records are held on me i have the right to see them, i have already issued claims against hsbc and capital one, i shall have no hesitation to take abbey to court,not only for unfair charges but also wilful disregard for sar under dpa. GRRRRRRRRRRRRR:x

 

My advice is keep applying the pressure to these banks, remember we are now growing to be quite a thorn in the banking institutions derriere. LOL:grin:

hsbc

Claim served on 13-08-2006

 

full refund .19-08-2006,

23-08-06 cheque arrived £580-deal.:D

 

capital one .

Filed claim against 16-08-2006 for £340.

Capital one 02-09-06 offer £383 refund to account.deal:D

 

Abbey Data Protection Act 4-07-06

 

issued court claim for £189 16-10-06

waitng for allocation nov21-11-06:cool:

 

 

Pleae make a donation to site, when you win-- I DID

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