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Sparky's Lass Vs Abbey


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Hey everybody,

 

My lass sent a letter to abbey along with £10 for her account statements for the last six years. This was around 24th Sep but to date she has only received the last 18 Months worth. We are looking to claim back for three different accounts so its time to begin. Was a bit unsure how to start the process but i have read through many of the threads and think i have a very good understanding of the process. We are going to send the Data protection letter requesting the statements they havent sent and highlight the fact that it was a S.A.R.

 

This will no doubt result in the Microfiche story but lets see!!!

 

Relevant ppl Relevant!!

 

Sparky

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Hi all,

 

Quick question. Im sure ive seen a draft letter for this b4 somewhere but cant find it now. Preliminary letter stating estimated charges as ive not received all the info.

 

If anyone can help it would be greatly appreciated!

 

Cheers

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-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

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To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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OMG......

Girlfriend visited the bank today to pay off her overdraft and it turns out she has been charged for being overdrawn and not having enough money in her account when a cheque was cashed.. She has no cheque book for this account and the bank told her it was for the request of the bank statements. First things she had an agreement to pay money for the next two months to pay off her overdraft but thats another story. Abbey actually took the money out of the wrong account in the form of a cheque???????... causing more charges. I physically hate these ppl and cannot wait to get money back. Then im going to dedicate some of my free time for the rest of my life ensuring everyone and anyone gets their money back also..

 

Going to amend a letter to them stating that they have not sent the remaining statements, that they took money out the wrong account resulting in more charges and the remaining time they have b4 i take them to the cleaners.

 

Argggggggggggggggggghhhhhhhhhhhh

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Hey everyone. Can someone have a look at this letter i've drafted and let me know if it sounds O.K.

 

Pam Speed

Regulatory Compliance

Abbey National plc

Abbey House

201 Grafton Gate East

Milton Keynes

MK9 1AN

 

24/10/06

 

Data Protection Act disclosure request

 

Dear Pam

 

Account Numbers: **, **, **

I am in receipt of your letter dated 22/09/2006, outlining that you could only provide me with printouts covering recent transactions on my account, because any earlier information has been archived onto microfiche. I also acknowledge receipt of the duplicate statements you forwarded and am pleased to inform you that I have received statements dating from Jun 2005 to Sep 2006.

My request was for a complete list of transactions and charges relating to my account since Sep 2000 to Sep 2006– in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions.

 

I am aware that you have been willing and able to provide other customers with a print-out of transaction information covering this period – and am ready to bring this to the attention of the Information Commissioner should it prove necessary. I would also draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246 (Ch).

 

I am also aware that The Information Commissioner has conducted an investigation and has decided that Abbey is breaching its statutory obligations. The Abbey microfiche system is a "relevant filing system".

 

Unless I receive immediate disclosure of my information as requested on my Authorisation form dated 28/09/06 I will go to court without any further notice.

As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for Data Protection Act compliance. The payment for transaction statements was taken out of my account dated 05/10/06 (The wrong account may I add causing charges on my account) therefore giving 14/11/06 as the deadline.

 

Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a County Court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.

 

 

 

Yours faithfully

 

 

 

 

 

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Five days until DPA 40 days is up. I have drafted up the prelim letter and have a list of charges for two accounts and a estimated amount for the account with only a year of statements. When calling abbey to complain about taking money out of wrong account we got a very unhelpful employee who really didn't care about the charges and even told us that "its only a couple pounds!!!!". Yeah a couple pounds which were your fault in the first place. We got his name and he also gave us the phone number to compain about how unhelpful and rude he was!. Another call to abbey and a manager sorted it out and told us he will be disciplined. WINNER!. She also told us that the charges would have been £30 and he was speaking out of his a**e.

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Well the forty days are up today,

 

Received a letter dated 10th Nov,

 

Any previous trnsactions have been archived onto microfiche and its not possible to provide you with a computer printout of these however we have made arrangements to send you a list of archived transactions between 2000 and 2005, under seperate cover.

 

Stalling technique or what????????

 

Prelim letter going tomorrow.

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Hey all,

 

Prelim letter sent today recorded delivery. Anybody else at the same stage as me let me know so i can compare threads!.

 

I have estimated the amount as they have not provided me with all the info for one of the accounts.

 

Sparky

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A question to anyone,

 

Been reading through some more threads as i do on a regular basis and noticed one about abbeys own request for statements. This is the form we sent off along with the £10 on the 24 Sep. We then sent the data protection act form to point out it was a request under this on the 6th Nov. As the first form was their form and did not state DPA, when does the 40 days start????????.

 

Any advise is greatly appreciated

 

Sparky

 

:confused:

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Morning all,

 

Received a letter yesterday:

 

Sorry you not happy. one of the team will investigate , heres a complaint leaflet.

Well thank you very much but unless theres a cheque enclosed its no use to me at all. Its good to see that its going the same as others and theres plenty of threads i can use for reference.

 

LBA Due to be sent 30 Nov.

 

Anybody shed any light on my previous post???:confused:

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  • 2 weeks later...

Received all microfiche statements last week and entered into spreadsheet. Was about to send off and the mail arrived. Noticed Abbey had refunded one of the transactions we had on list so had to ammend spreadsheet. As they didnt tell us about this they may have used it against us. CAUTION!. next stage LBA

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  • 2 weeks later...

Hey all,

 

Recieved GOGW offer of around £1300 today on a claim of over £3000. Will not be accepting this and will be writing to them to accept as a part payment and give them a chance to refund 100% before court action begins.

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  • 1 month later...

Hi sparky......good luck with your claim. By the sound of things you are about three weeks ahead of me so I'll keep watching your thread with interest.

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 3 weeks later...

Hi Sparky - following your thread with interest as I'm a few weeks behind you in my battle with Abbey for a very similar sum, on behalf of my partner. My thread's 'Shabby Abbey - Battle Starts here!' if you're interested. Very best of luck with yours - will keep close eye on progress!

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Quick one,

I got charges from RBS this month because i went over my overdraft by £1.05. Phoned my local branch, spoke to customer services and got them to refund the £28 charge and cancel next months charge that has been caused by this months charge. Was informed it was a "AUTOMATED" system and as it was only £1 over they would sort it. Come on Abbey give our Lass her money back like the good people at RBS.

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Hey all,

Received AQ and Abbeys defence. Nice to see they still operating their standard replies "50%" etc. You think they would like to save some money by paying up b4 this point would'nt you!!!!

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Quick question before i hand AQ in.

 

If we do in fact have to goto court. As this claim is for my girlfriend do i have to let them know i want to be doing the explaing or just be there as i understand it all (well more than she does!!.LOL"

 

Cheers

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hi sparkydawg I am a few weeks behind you so am going to be watching your topic with interest.

 

I am think the question you are asking about you claiming for you girlfriend has been answered in another topic, which I think was started fby Andys mum?

 

I have a look for you and post the link if I can find it

 

i think post 502 in this topic will answer you questions

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-26.html

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  • 2 weeks later...

Today is the final day for Abbeys AQ to be handed in. Will call the court after i finish work and see what the crack is. Boy its a hard day at work today. Saw whistleblower last night.....:x Scary stuff

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