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Abbey - Sar - Incomplete


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Having closed my daughters' account with Abbey due to excessive charges and their ignoring a Letter of Appropriation for her Child Benefit, we have sent a SAR for which they have taken the required £10 fee from her account before closure.

 

All that we have received are Statements covering 1st January 2007 to August 2009.

 

The only other piece of information is "...a summary of charges debited from your account, which covers all charges going back to **** 2003. A two page Excel type document showing no charges at all (very doubtful).

 

Their covering letter then goes on to spell out in great detail how they are expecting to win the "ongoing High Court Appeal" and that therefore it is probable that no monies will be forthcoming with which to pay off the outstanding overdraft (made up entirely of Charges).

 

Interestingly enough, having gone through 100+ pages of Statements the Charges would clear the overdraft - just. How convenient:rolleyes:.

 

They have also gone to great lengths to explain why their Complaints Dept. will be unable to comply to an Official Complaint within the normal OFT guidelines because of the impending Appeal.

 

My question is, I am well aware that they have not fully complied with the SAR request. so what is my next step?

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Report them to the OFT re their stupid letter and make a complaint to the ICO re incomplete SAR.

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Did you use the template SARN on this website?

 

Abbey are infamous for treating the Data Potection Act with contempt. I had to issue proceedings under the DPA to get them to comply- I then recovered £10k from them in charges.

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Thanks for replies, yes, I did use the cag SARN.

 

I am writing complaints to OFT as I speak, so will also do one to ICO.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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The Info Commissioner's one is the most important. They can intervene and force compliance but the process is quite slow. You should also write to Abbey stating that they haven't fully complied, give them, say, 10 days to respond and mention that you may seek to force compliance through the courts.

 

I'm not sure what CAG's current guidance is in respect of issuing proceedings for DPA non-compliance. I managed to sneak my claim in using an ordinary county court money claim form. I think it later transpired that I should have gone down a different path that could have exposed me to significant costs.

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Expect no joy whatsoever from the OFT. Expect reluctance and long delays from the IC.

 

The only effective route to take is the County Court.

 

If this appeals to you then calculate all of the charges owed so far. Send Abbey a 7 LBA demanding immediate repayment and also immediate compliance with the SAR or you will sue.

 

Then sue.

 

Base the claim on the charges. However include a paragraph on the DPA issue and ask for an order from the court that they comply forthwith.

 

When you finally get the rest of the charges info, you can amend the POC to reflect the extra charges. the cost of this amendment will eventually be paid by Abbey as it was necessitated by their own DPA breach.

 

When drafting your claim you should consider including a claim for restitutionary damages which would require Abbey to hand over to you all of the profits which they have made on the charges which they have taken from you.

 

Make sure that you claim all charges going back to 1995

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Many, many thanks BF will follow your advice to the letter, luckily I have never been reluctant to face a Court, or these people head on - I think it comes with age;)

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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See our new template which inlcudes RD. It also includes 8% stat interest in the alternative as a backstop.

 

Don't expect this to be straightforward litigation. Abbey will wheel out some serious guns to try and defeat an RD claim.

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Yes

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thought so

 

I have a dispute with Ulster Bank who try to tell me that the DPA does not cover this

 

however,they know I'm no pushover;)

 

I won't go into details,but is concerns a not inconsiderable sum of money,and breach of contract by the bank

 

they know the truth of the matter lies in these memos and transcripts as it will identify the guilty employee concerned.......explains why they won't go to court

 

and as you said earlier,the ICO are pretty useless

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H

 

Looking in, need any help shout, I think the boot is on the foot go for it.

 

i will help in any way i can, be assured.

 

 

Good morning to you

 

lilly

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Hi BF - is this likely to cost me alot or only if I lose?

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Morning Lily, many thanks

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Link to post
Share on other sites

See our new template which inlcudes RD. It also includes 8% stat interest in the alternative as a backstop.

 

Don't expect this to be straightforward litigation. Abbey will wheel out some serious guns to try and defeat an RD claim.

Can I ask for a link to the new template cos I can't find it and is that RD claim mentioned in the Prelim as the current one does not make reference to it?

 

TO clarify as well, how far you can go back with claims is for the decision of he national courts so whilst the term maybe unenforceable it may not go back to 1995 as it will be part of the second part of litigation issues.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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thought so

 

I have a dispute with Ulster Bank who try to tell me that the DPA does not cover this

 

however,they know I'm no pushover;)

 

I won't go into details,but is concerns a not inconsiderable sum of money,and breach of contract by the bank

 

they know the truth of the matter lies in these memos and transcripts as it will identify the guilty employee concerned.......explains why they won't go to court

 

and as you said earlier,the ICO are pretty useless

Sue them. It's the only way.
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Hi BF - is this likely to cost me alot or only if I lose?

 

If you are below £5000 then it should be a small claim in which case the no costs rule will apply.

If it is over £5k or if the judge thinks that it involves some legal complexity then it could go on to the fast track in which case there is a risk of costs in the event that you lose

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I am sure that it will be below £5k, so the small claims it is then.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Just a thought, my daughter has 6 children, and this came about because of a particularly brutal range of charges in June when we did letters of appropriation which they ignored leaving her without CB. Would there be any benefit in going down the 'Hardship' road?

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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By all means try hardship if you want. I don't give much for your chances. Plus it won't address the questions of interest or RD

 

Furthermore if will do nothing for the non-compliance of your SAR.

 

If this action will be in your daughter's name and she is on benefits or has very limited income then she may well be exempt from court fees. this will make it even more unlikely that she is at risk of any costs in the event of losing the case.

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