Refusal to Provide Statements Under Data Protection Act

[dercoss]

I am in the same position as many others with Abbey in that they provided one years statements (but made a point of saying that they weren't supplied under the Data Protection Act). I then sent the standard template letter pointing out the relevant section of the act, etc but again recieved the response that Microfiche records are not covered by the Data Protection Act and that my £10 would be put towards the first installment of these.

 

I have phoned and told them not to do this and pointed out their obligations under the DPA. The person I spoke to stated that Abbey do not believe Microfiche records are covered under the act. I said that it didn't really matter what they or I thought, it was the law itself what mattered. I then made sure that the £10 was not to be put towards obtaining these records outside of the act and there ensured a few minutes of pretend bemusement from the person I spoke to regarding what I did want the £10 put towards.

 

What is the recommended step now??

 

DC

[Lula]

Hi Dercos, on the step by step instructions below my signature there is a whole host of letters to send it also gives you a step by step guide on how to proceed, good luck reading and welcome, if you have any other questions, there is always someone around to help and please post in the same thread to keep it all tidy, if you pm a moderator they will change your thread title to Dercross v Abbey or something along those lines

 

best regards

[Without a paddle]

I had the same letter Lula. This was in June - they still haven't processed the microfiche accounts for me though. I allowed them to take the £10.000 - and will add that to my claim

[dercoss]

Thanks for the help. I have written to them again stating that I only want the £10 fee to be used for the purposes of the DPA and that they now have only 16 days left to comply with the 40 day time limit. I have also included a copy of my previous request (based on the suggested template..

 

dc

[Without a paddle]

Dercross... which letter have you actually written to them? Just so I can copy! I have one ready to send, but if I can check it against yours?

[Clarefrancesca]

I'm in the same positition too, just received my letter back in recepit of my data protection letter and now am sending back the Protection Disclosure Act as I haven't received all of the statement because of the Mircofische thing. Sending the Disclosure Act of today Recorded delievery, which leaves Abbey 22 days to get all back to me from them receiving my last letter. Will keep you posted on my progress.

 

With Regards,

 

Zena

[dercoss]

I can't find the link to the template I used but no doubt somebody has linked to it in the past..

 

dc

[dercoss]

Here it is.. It was at the start of this forum...

 

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

 

dc

[Nikki C]

Hi I`m waiting for a response to my letter requesting the last 6 years statements. I`ve had the standard one from them about microfiche not being covered by DPA but during the 40 days time limit I`ve had a baby so my time table has gone abit off track! I`ve written pointing out that the 40 days are up but have said that I will give them a further 7 days to comply before I make a complaint to the Data Commisoner, which is up on Friday. Have I done the right thing and has anyone actually made a complaint, how do I go about this?

[Clarefrancesca]

Thanks alot for you help and advice I have sent this off to them requesting two accounts worth of statements. Not sure If I was meant to send individual letters for two accounts or not? so i put two acounts numbers on the Disclosure Act Letter.

 

Kind Regards,

 

Zena

[dercoss]

I have now had a third letter refusing to provide info under the Data Protection Act citing the usual microfiche arguement. I have replied that Abbey now have 14 days to comply or I will file a complaint with the commissioner for non compliance. Is this the correct procedure?

 

Also, how do I contact the moderators of the forum to change the title of this thread?

 

dc

[Clarefrancesca]

If you log in replying to a thread ro creating a new one- you should be able to change the title of the thread?

[bengal66uk]

I sent the template reply to the microfiche response. they were quick to respond. just the wrong department. I received a letter from the COMPLAINTS department at ABBEY who basically said they would investigate my complaint, a new twist maybe, i didnt send a complaint as such just the standard reply to the microfiche response lol.

has anyone else had such a letter?

I now need to send the letters off to the commissioner because they have failed to supply statements within the time frame.

would someone please send the link for this? thanks

[dercoss]

I think I've done changed the title..

 

I have now located about 2 years worth of statements. I assume I can go ahead with the next stage without compromising being able to proceed for the other 4 years when Abbey are made to provide them under the DPA?

 

DC

[Nikki C]

Hi Bengal66uk

 

I`ve had the exact same letter today! What a pain in the rear!! I`ll let you know the link when I find it!

I WANT MY STATMENTS!!!!

[Nikki C]

http://www.ico.gov.uk/eventual.aspx?id=32

 

This is the link we need BEN!!

Good luck

Lets get them!!!

[dercoss]

I get a page not found when I try that link...

 

dc

[dercoss]

Has anybody got a link to a simple to use calculator. I've tried the simple and advanced ones mentioned on this site but the former is full of data and the latter seems far too fussy.. Are there any others that work "straight out of the box"??

 

dc

[Nikki C]

If you click on contact us in the right hand corner all the phone numbers etc come up http://www.ico.gov.uk/eventual.aspx?id=32

[dercoss]

It was a HP machine, the same probably applies...

 

dc

[bengal66uk]

this isnt realy relevant but i thought about attaching it onto all of my letters

http://www.ico.gov.uk/upload/documents/library/freedom_of_information/introductory/freedom_of_information_ten_top_tips.pdf

 

7 8 and 9 are very relevant

[tamadus]

I sent the template reply to the microfiche response. they were quick to respond. just the wrong department. I received a letter from the COMPLAINTS department at ABBEY who basically said they would investigate my complaint, a new twist maybe, i didnt send a complaint as such just the standard reply to the microfiche response lol.

has anyone else had such a letter?

I now need to send the letters off to the commissioner because they have failed to supply statements within the time frame.

would someone please send the link for this? thanks

 

If you visit Information Commissioners Office at i c o.gov.uk (remove the spaces, I added them to get around a problem posting links) you will find a form you can download and complete to register an official complaint with the Information Commissioners Office.

 

Abbey are due a visit from them already on 12 September so it will add fuel to the fire.

[dercoss]

Oops, posted the last thread to the wrong site... Ignore it..

 

I have just recieved the last 12 months statements from abbey AGAIN... God knows why they've done that.. They only have a week until the 40 days is up to provide the statements I requested but it doesn't look like they have any intention of complying with the DPA. It seems they are determined to stick to their interpretation of the act regarding the Microfiche argument..

 

I've got about 2 years worth of statements already. I shall start an action with those and continue to pursue Abbey for the rest..

 

dc

[bengal66uk]

just in case you guys havnt seen it, there is information in another thread on this site telling us that abbey are getting a visit from the IOC this month. we should all be very happy about this and maybe they will knock some sense into them.

[dercoss]

I've just had the same letter about me making an official complaint through Abbey (mentioned a few posts ago). I have written back saying that I have made no such complaint. I reiterated that there are only a few days to go for them to provide the statements I requested under the DPA and that after that I shall be contacting the Commissioner regarding Abbey's non compliance after the 40 day time limit.

 

Is this some new stalling tactic by Abbey??

 

dc