Jamloo V Abbey

[Jamloo]

good catch !! I will amend... also as update have recieved following email from Abbey and have crafted a reponse...what do you think ??

 

Hello Jamloo,

 

Thanks for your e-mail.

 

Your comments have been passed to my colleague who works in the relevant business area. They will reply to you in full as soon as possible.

 

You can find out more about our complaints procedure, by clicking on the following link:

 

http://www.abbey.com/customer_satisfaction.htm

 

Kind regards

 

Jenny Venters

Abbey Customer Services

To help us improve our services we may record or monitor telephone calls.

 

 

 

Jenny,

Replying to us in full as soon as possible IS NOT ACCEPTABLE

We have given the Abbey 113 days to date to provide us with copy statements on a 40 day deadline as per our DPA request.

YOU HAVE FAILED TO DO SO AND ARE THEREFORE IN BREACH OF THE DPA REQUEST.

We are therefore writing now to the Information Commissioner to complain about the service that the Abbey provide. If you give us a deadline, you expect us to adhere to that deadline, otherwise you penalise us and therefore we expect the same regard.

Therefore as you are 73 days late, we will now be taking this matter through the legal process.

By your consistent failure to adhere to deadlines set, we propose to send the following N1 to our local County Court by Friday 28th July 2006:

PARTICULARS OF CLAIM

 

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

 

2. The Claimant has an account number xxxxxxxxx ("the Account") with the Defendant which was opened in 2003.

 

3. On the 3rd April 2006, the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply in full and has limited their reply to the provision of statements for the period 18th February 2005 to 18th March 2006.

 

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage.

 

6. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

For your information, we are also now preparing our N1 to file at County Court for the amount of £4,597.00 which you have penalised us due to your unfair penalty charges.

The above N1 for DPA Non Compliance as well as the N1 for the amount of £4,597.00 which you have penalised us due to your unfair penalty charges will be filed at our local County Court unless we receive acknowledgment in writing that you will give us full recompense for the amount of £4,597.00 by close of play Friday 28th July 2006.

Yours Sincerely

Jamloo

[alanfromderby]

I don't think that it is necessarily wrong - but I am fairly certain it will not achieve anything. However, my main concern is why are you planing on issuing two claims at the same time?

 

In my opinion it would be much more effective to file a joint claim for the charges and the DPA non-compliance. The judge would be able to see the complete picture, and that could only work to your advantage.

[Jamloo]

Thanks Alan, agree that it would give full picture and provide more weight... may need someone to read it through before I put on N1 form though.

[alanfromderby]

You may find that it won't fit on the N1. With my Bristol & West claim I had to do the POC's on a seperate sheet and attach them to the back.

[Jamloo]

Jamloo - have you decided if you are joining your Data Protection non compliance claim and refund request estimated amount on the same claim ?

 

If you have I would appreciate a lookie at your particulars of claim if poss as I'll be doing the same next week.

 

Hi Karnevil...no Im just at the moment going for the throat on the refund...but they have ****ed us off so much...especially as we got a letter over weekend from Alan Betts threatening Default Notice that I reposnded to say enough is enough I have eneterd complaint with IC and now taking to court.....will then hit them with non compliance and then will hit them with ALL OTHER CHARGES.

[Jamloo]

Hi all,

 

Have not been well recently so havent been able to chase this as I would have liked.

 

Story now is that even though our account is in dispute (we have advised them of that fact in writing on more than one occassion) - and the fact that we STILL have received no further statements as per our SAR - and the fact that the ICO wrote back to us saying that they felt Abbey's system IS a Relevant Filing System and that they were going to advise Abbey of that fact... received a phone call today from DM Management (Debt Collection agency for Abbey) asking how we were going to pay back the arrears....the Abbey have passed our account to them...can they do this ??

[alanfromderby]

Hi all,

 

Have not been well recently so havent been able to chase this as I would have liked.

 

Story now is that even though our account is in dispute (we have advised them of that fact in writing on more than one occassion) - and the fact that we STILL have received no further statements as per our S.A.R - (Subject Access Request) - and the fact that the Information Commissioners Office wrote back to us saying that they felt Abbey's system IS a Relevant Filing System and that they were going to advise Abbey of that fact... received a phone call today from DM Management (Debt Collection agency for Abbey) asking how we were going to pay back the arrears....the Abbey have passed our account to them...can they do this ??

 

 

Not according to the Banking Code....with the comments recently made by the Financial Ombudsman it may be worth making an official complaint.

[Jamloo]

Lo and behold - yesterday we FINALLY received the statements that we had requested back in April. The DCA also rang yesterday and I told them that we had advised in writing and verbally that the account was in dispute. They said that the Abbey had passed the debt onto them and they want payment. So I rang the Abbey and they said that yes they had passed the debt to the DCA and that I should deal with them. I told them that it was in dispute and they said that the debt is dealt with by DCA and dispute is dealt with by them.

 

Is there any law / code that says they cannot pass to a DCA if account is in dispute ? I have looked at Banking Code but cant see anything specific to quote back to Abbey and the DCA.

 

Should I say to DCA I will pay them £5 per week ?

[Jamloo]

Hi All,

 

My wife has not been very well at all and I did not progress this as I would have liked too. The alleged debt was passed to Wescott who backed off when I sent them through correspondence I had sent to Abbey advising them that it was in dispute.

 

Now LINK are on our backs saying they have bought the debt and they want full payment. I am trying to find anything that states that Abbey cannot sell the debt as it is in dispute. Cant find anything on OFT site or banking code.

 

Can anyone provide links and/or advice ? The stress this is now causing firstly is making my wife worse and is now making me feel ill.

[andrew1]

Take a read through this OFT guide for Unfair Practices in Debt Collection, there's plenty in there to show that a debt in dispute ought not to be pursued. It also covers the passing to numerous DCA's too, I'm sure you'll find something there to stop them..

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

Hope it helps

 

Sarah

[Jamloo]

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