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prushton vs Abbey


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Hi , I am new to this forum. i am at the court stage with the Halifax and thought i might take on the Abbey with regards to an old closed account ( closed in 2002) can anyone tell me the address to send my initial request for repayment to ?.

 

To everyone in the forum Hello and good luck !!!!!!! :-)

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Hi , thnxs for that :-) did you get a response ? probably standard letter right ?:x

 

Too right, thats all I ever got. Abbey are extreeeeemely good at being difficult and awkward right down to the wire so be prepared to dig your heels in. They arent a push over but if you follow the step by step guide you will be fine and you will get your money back ;)

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having read through this forum i was beginning to see that it was going to be an uphill struggle , but the law is on our side , the Abbey do seem to be using some inventive processes to avoid complainace to data requests .:-)

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  • 2 weeks later...

Hi to everyone in the Abbey forum. I have sent my data access request to the Abbey on the 14th August , standard 40 days to comply . I am trying to claim on an account closed in 2002 and i am aware of the Abbey saying that their microfiche systems are not covered under the data protection act ( another stalling tactic) .Has anyone got an update as to how to deal with the Abbey regarding the microfiche argument?:)

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Hi

 

See the top of the Abbey forum (Sticky) and this is well covered:)

DONT FORGET TO DONATE TO THIS SITE WHEN YOU WIN THANKYOU

If you dont it wont be here:x

 

Let battle commence!!!!!:mad:

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

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I am aware the Abbey are treating my request for statements under the DPA as a standard request for statements, ( Had telephone conversation with Jackie Scott Data protection team at Milton Keynes) I have now sent Data protection act disclosure template letter request to Pam Speed ( Abbey Bradford ) spelling out exactly what it was i required and that they have until 23rd September to send me my statements or i will commence a County Court action under section 7, and section 15(2) of the Data Protection Act 1998.:) anyone got any ideas how to proceed from here.

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Hello Prushton

 

Did you receive any information from them? If not, you have to put a claim in through your local court, N1 form for Non-Compliance. From other threads, people have been receiving their info just before the court hearing, when taking this route. The only thing is, the £30 court fee is lost money unless you want to take them to court to reclaim it, which a few people have done.

 

If you have received only part of the info, then you can send a Prelim letter with a schedule of estimated charges, asking for a refund. You can work your estimate from the info you do have by taking an average from them, and using that figure for all the months you are missing.

 

Phil:)

This is only my personal, honest opinion!

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Hi, no I didnt recieve any statements just the usual microfiche letter and a form to fill in. I sent them another letter stating exactly what I require and told them they have a further 26 days of the 40 days under DPA to comply or I will take court action to force compliance :)

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  • 3 weeks later...

On Sat 23rd September Abbey are in breach of my Data Protection Act request. I have sent LBA giving them 7 days to provide my statements , while i am waiting for this to expire I am completing the N1 court forms to force compliance.

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The best advice is to check out oddfellows thread, he sued abbey for the same thing ie non compliance under sec 7 dpa i believe.

 

You need to ask for an order instructing them to comply and the value is a fiver or something equally small. The charge will then be £30 i believe.

 

Check out oddfellows thread for some guidance.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hi , on the eve of the 40 day limit under the Data protection act I have received 13 mths of statements from the Abbey, I am not sure if they intend to supply the rest I requested under my Data Protection Act but i intend to force compliance through the courts to get the full 6 yrs. My question is this, if they dont, how do I submit an estimated cliam? The charges for the 13mths are £592.97 do I just times this by six ? I would appreciate any help on this . thanks :)

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thxs for your reply . so do i set it out something like this?

 

Estimated charges for 2000 - 2001 = £547.36

 

Estimated charges for 2001 - 2002 = £547.36

 

Estimated charges for 2002 - 2003 = £547.36

 

Estimated charges for 2003 - 2004 = £547.36

 

Estimated charges for 2004 - 2005 = £501.74

 

Charges as notified 2005 - 2006 ( list all charges) =£592.97

 

Total claimed £3,284.15

 

thanks for your help :)

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On Sat 23rd Spetember I received 13 mths of statements from the Abbey. They arrived right on the 40 day deadline but obviously i am still short of the full 6yrs. I sent a Letter Before Action to them on Sat 23rd September giving them the 7 days notice, after which i will complete the N1 form and take it to the courts. :)

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Hi , I sent my Data protection act subject access request on 14 th August , the 40 day deadline has passed ( 23rd September) On this date i received 13mths of statements .As the Abbey was in breach I have sent a Letter before action which they should have recieved on 25th September giving them 7 days to comply. I have telephoned the Abbey customer complaints line to lodge a complaint and i have been told that as the account was closed in 2002 that they only hold the records for 6 yrs. I then asked them how they were able to produce the 13 mths of statements if as they said they only keep records for 6 yrs.They said that that was all the information they held. I believe this was just a fob off , i would appreciate any help on this thanks. :-) I wonder if I could send a request for payment of estimated charges as my charges for the 13mths period were £592.27 and so do i set it out something like this?

 

£592.27 divided by 13 then times 12 for annual figure = £547.36

 

Estimated charges for 2000 - 2001 = £547.36

 

Estimated charges for 2001 - 2002 = £547.36

 

Estimated charges for 2002 - 2003 = £547.36

 

Estimated charges for 2003 - 2004 = £547.36

 

Estimated charges for 2004 - 2005 = £501.74

 

Charges as notified 2005 - 2006 ( list all charges) =£592.97

 

Total claimed £3,284.15

 

I would appreciate any help on this.

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Sounds like you doing fine prushton and enjoy the ride:)

DONT FORGET TO DONATE TO THIS SITE WHEN YOU WIN THANKYOU

If you dont it wont be here:x

 

Let battle commence!!!!!:mad:

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

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Filed my N1 claim form today to force Abbey to comply with my DPA at Plymouth county court (I had to work hard to persuade the guy behind the counter that it was on the correct form) he kept telling me is wasnt and wanted to charge me £65 :o ) eventually he gave in and took the N1 telling me to ring tues 3rd October to see if it went through. Hopefully now the Abbey will understand I aint going away:) .

 

I wonder if someone could help me with calculating the interest on my estimated charges, as I havent a clue how to go about it. I would appreciate some help please :)

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Hi thanks for your help , i sent an estimated schedule of charges but didnt manage to sort out the estimated interest, i figured it probably wouldnt be that much anyway. As long as they pay me my charges total £3605.03 then i would be happy.

 

I wonder if you could take a look at this for me. its from the statute of limitations act 1980 (chapter 50 ) scroll down to pages 438 and 439 and find section 32 its entitled postponement of limitation period in case of fraud, concealment or mistake.

 

it can be found at the following link : http://www.lawcom.gov.uk/docs/cp151apa.pdf

 

I believe that this could be used to remove any limitation period that is applicable to our situation and allow for bank charges to be claimed further than the six year period. What do you think ?

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Received notification from Plymouth court today, informing me papers deemed served on 05/10/06 for non- compliance to Data Protection Act. They have until 19th October to reply to court. I figured as i have already submitted an estimated schedule of charges, that by the time they actually supply my statements as per my DPA request i should be in a position to apply to money claim online and submit a revised figure based on the statements they are forced to supply. :)

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I have today decided that i will send the following letter to Pam Speed at the Abbey in Bradford to let her know that i have not given up on the idea of receiving the bank statements requested under my Data Protection Act request of 14th August. I would welcome any thoughts.:)

 

 

We are writing to inform you that we are extending the scope of the above Data Protection Act Subject Access request to include a complete list of transactions and charges for the entire period relating to our banking history with your organization i.e. From the day it was opened in 1988 to the day it was closed on the 23rd January 2002.

You no doubt are aware, being the recipient of our Data Protection Act Subject Access Request dated 14th August 2006 and subsequent Letter before Action dated 23rd September 2006 that you have, to date failed to comply with our request and supply the full details we require.

We wish to inform you that we have, as we stated it was our intention to do so in our Letter before Action dated 23rd September served court papers on the registered head office address of the Abbey Plc in London to force compliance to our Data Protection Act Subject Access Request dated 14th August 2006. These papers were deemed served on the 5th October 2006. A previous Action of exactly the same nature brought against the Abbey for non-compliance to a Data Access Request resulted in the courts finding against the Abbey and a compliance order was issued, for your reference the claim no was:

Claim No: 6LO00969

Lowestoft County Courtand the Claim was to require compliance with a Subject Access Request under Section 7 of the Data Protection Act.

We shall of course, when the courts issue a compliance order against the Abbey in our case, furnish you with a copy so you may then act upon it and send us the information as requested above. Alternatively you may wish to send the information requested before the courts force compliance in which case we would be pleased to receive it. We look forward to hearing from you soon. Perhaps in your response you would be so kind as to include your direct telephone number

 

Yours faithfully

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