Jump to content


Faulkner v shABBEY


MFaulkner
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5539 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I posted this elsewhere but had no joy, so thought it may be in the wrong place, so will try again here.

 

Ok, considering I am confused already, I have obviously gone mad as I am now making claims on two Abbey accounts at once. Due to an over zealous decluttering last year, I have to request copy statements before I can proceed. The first one is one I started ages ago and have picked up again and the second one is a new one that I am still in the 40 period.

 

Please could someone help me out with the first one? Abbey have failed to provide complete statements, so I issued the 7 day before action letter. This deadline has passed and I am now trying to sort out what to do next.

 

I have found the complaint form for the Information Commissioner and am pretty OK with that, so far. However I have two other problems. In the 7 day before action letter it says if they don't respond I will 'escalate this matter into an official complaint to the Information Commissioner and the FSA'. Is there a link on this site for tips on how to make the complaint to the FSA...should I even do this as on their website it seems that I have to take it to the Information Commissioner and/or court first?

 

Secondly, I know this may seem stupid, but when going to the small claims court for breach of data protection, what damages do I claim for? I'm sure it must tell me somewhere but I just can't find it. I have only sent a couple of letters and for the first ones, I don't even think I sent them recorded or special delivery, so I have had no costs really...apologies for any repetition. I realise, once I have worked out the claim, that I will be claiming for the charges and interest then, but for now surely it is just asking them to get Abbey to give me the records I requested?

 

Many thanks.:?

shABBEY Acc 1: SAR sent 25/04/06; Microfiche Fob Off Letter rec'd 03/06/06;DPA disclosure request sent 09/06/06; 2nd Microfische Fob Off Letter rec'd 12/06/06; LBA sent 02/11/06; Almost complete statements rec'd by 24/11/06!

shABBEY Acc 2: SAR sent 02/11/06; 12 months of statements plus re-worded microfiche letter rec'd 15/11/06;

Link to post
Share on other sites

I am sad to say that after months of being on top of my finances, I had a lapse in concentration and this weekend went over drawn and am expecting several charges to come my way for a couple of cheques and visa payments that they paid - approximately £150+. I am currently trying to get my statements for the last six years (started in Spring this year) and was wondering, should I contact them separately (via the call centre) about these charges or should I hang fire for when the statements finally come in (sometime shortly after hell freezing over it seems :rolleyes: )? The reason I am asking, is that I know that six years ago, I was being charged on a regular basis, so am not sure if I will be able to juggle it so I can fit these payments in. Also, the fact that I had this blip in my finances is because I am rather short of cash, so could really do without paying the charges. Any ideas? Should I telephone and ask them to refund them, wait to see if I could include them in the claim or, just thought of this, start a new claim for these if they don't fit in the six year period?:confused:

shABBEY Acc 1: SAR sent 25/04/06; Microfiche Fob Off Letter rec'd 03/06/06;DPA disclosure request sent 09/06/06; 2nd Microfische Fob Off Letter rec'd 12/06/06; LBA sent 02/11/06; Almost complete statements rec'd by 24/11/06!

shABBEY Acc 2: SAR sent 02/11/06; 12 months of statements plus re-worded microfiche letter rec'd 15/11/06;

Link to post
Share on other sites

you could try and ring them, I just did and got absolutely nowhere, regarding your statements, did you send them an SAR and £10? if you did, send the non compliance letter ,. If you didnt, you aint gonna get your statements until you send an SAR, you can find them in the templates library, enclose £10 and stick to the timetable. I woul;d advise reading the FAq's and the step by step instructions and read a few threads too so that you can familisrise yourself with the procedure and how things tend to go.

 

So welcome and get reading :D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Hi. Thanks for that Lula. I am working through the claims process as advised on this site. I have two claims on going but so far am only at the requesting statements stage. For this particular account, I am about to send my complaint off to the Info Commissioner and have another thread going asking for help about going to court to get them to give me my statements. Unfortunatly, due to my lack of experience and difficulties in navigating this site (due to my own lack of IT knowledge rather than anything wrong with this site!) it is taking me ages to just get this stage done...the people at Abbey must be laughing! If you are able, I'd appreciate any advice/comments you have on my other thread about going to court. Thanks again.

shABBEY Acc 1: SAR sent 25/04/06; Microfiche Fob Off Letter rec'd 03/06/06;DPA disclosure request sent 09/06/06; 2nd Microfische Fob Off Letter rec'd 12/06/06; LBA sent 02/11/06; Almost complete statements rec'd by 24/11/06!

shABBEY Acc 2: SAR sent 02/11/06; 12 months of statements plus re-worded microfiche letter rec'd 15/11/06;

Link to post
Share on other sites

Hi again, Firstly, you can download a copy of the N1 to file at court and I would only put nominal charges on there of say £5, afterall its the statements that you want, not the actual money, I think it will cost about £30 to file at your local court, again this is recoverable,

 

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

this is the downloadable pdf for the N1, please note however, that you cannot save it with the particulars so make sure that it is right and then print two copies

 

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

this is the link to complete the N1

  • Haha 1

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Three things have come up this weekend that I would appreciate some help with:

 

1) I keep forgetting to ask this one, but finally have remembered! In the initial SAR letter it asks for details of 'manual intervention' on the account. What are these? I have noted a couple of charges that I managed to get them to refund at the time are shown as a charge and then immediately underneath as a refund...is this an example?

 

2) I have (finally) received the bulk of my microfiched statements. Initially I was overjoyed but then noticed that they have missed off the account balance (I know this as they sent me a random statement back in the summer and it showed the balance column). Apart from being a point of principle that they should have given me the full print out, I feel it shouldn't matter as I am not claiming back any of the interest that was charged on the overdraft. Is this correct? The reason I'm not claiming the interest back is because it was such a low amount each month, that I feel the effort required to work it out is far greater than the amount I would benefit from the resulting refund. I will, however, submit my complaint to the Information Commissioner including this point.

 

3) Having just filled in the spread sheet and read loads of threads about which to use etc, I was wondering why you can't claim the 8% straight off? Also, if you put in your claim for the charges (without the 8%) and they offer to settle in full, do you then write back and say that yes you accept their offer and say you are charging them 8% or do you just miss out on the 8%?

 

Thanks for any help :)

 

3)

shABBEY Acc 1: SAR sent 25/04/06; Microfiche Fob Off Letter rec'd 03/06/06;DPA disclosure request sent 09/06/06; 2nd Microfische Fob Off Letter rec'd 12/06/06; LBA sent 02/11/06; Almost complete statements rec'd by 24/11/06!

shABBEY Acc 2: SAR sent 02/11/06; 12 months of statements plus re-worded microfiche letter rec'd 15/11/06;

Link to post
Share on other sites

Another query! I have been corresponding with Pam Speed in relation to my request for statements. However, I am about to post my request for payment letter and was wondering should I use the address I have for her or should I use the head office? I am guessing head office...thanks!

shABBEY Acc 1: SAR sent 25/04/06; Microfiche Fob Off Letter rec'd 03/06/06;DPA disclosure request sent 09/06/06; 2nd Microfische Fob Off Letter rec'd 12/06/06; LBA sent 02/11/06; Almost complete statements rec'd by 24/11/06!

shABBEY Acc 2: SAR sent 02/11/06; 12 months of statements plus re-worded microfiche letter rec'd 15/11/06;

Link to post
Share on other sites

....

 

Thank you for that karnevil, it is very much appreciated! It is a shame we can't claim for the 8% from the outset!

 

I am just about to print off my spreadsheet and just noticed that I have put the full six years in the period section of the spreadsheet (24/04/00 to 24/04/06) but the charges actually start on 30/08/00 and end on 28/03/06. Do you know which dates I should put in? The full six years or the start and end dates of the charges.:confused:

shABBEY Acc 1: SAR sent 25/04/06; Microfiche Fob Off Letter rec'd 03/06/06;DPA disclosure request sent 09/06/06; 2nd Microfische Fob Off Letter rec'd 12/06/06; LBA sent 02/11/06; Almost complete statements rec'd by 24/11/06!

shABBEY Acc 2: SAR sent 02/11/06; 12 months of statements plus re-worded microfiche letter rec'd 15/11/06;

Link to post
Share on other sites

 

I am just about to print off my spreadsheet and just noticed that I have put the full six years in the period section of the spreadsheet (24/04/00 to 24/04/06) but the charges actually start on 30/08/00 and end on 28/03/06. Do you know which dates I should put in? The full six years or the start and end dates of the charges.:confused:

 

After much humming and haaing, I decided to just put the full six years on the spreadsheet. The main reason I was faffing was because shAbbey had missed off the first month and a half worth of statements and I wasn't sure if there would be any charges for that period, so should I include the period or not? I had decided to give up on getting my statements with shAbbey but still complain to the ICO.

 

My conclusion is that should the ICO make shAbbey send me the missing statements and there are charges on it then I will try and add these to my current claim which includes the period that they would fall into. If I had missed this period off, then it would no longer fall in to the six year maximum claim period. :)

shABBEY Acc 1: SAR sent 25/04/06; Microfiche Fob Off Letter rec'd 03/06/06;DPA disclosure request sent 09/06/06; 2nd Microfische Fob Off Letter rec'd 12/06/06; LBA sent 02/11/06; Almost complete statements rec'd by 24/11/06!

shABBEY Acc 2: SAR sent 02/11/06; 12 months of statements plus re-worded microfiche letter rec'd 15/11/06;

Link to post
Share on other sites

I have opted not to include contractual interest in my claim (mainly because I felt I should keep things simple as I am rather confused by it all!) but was wondering, should shAbbey refuse my initial request for payment, should I say s*d them and send a new letter saying that as you are not being helpful or reasonable, I have no option but to claim for £xx plus the contractual interest? Is that possible and wise (thinking of the possible outcomes in court?)?:confused:

shABBEY Acc 1: SAR sent 25/04/06; Microfiche Fob Off Letter rec'd 03/06/06;DPA disclosure request sent 09/06/06; 2nd Microfische Fob Off Letter rec'd 12/06/06; LBA sent 02/11/06; Almost complete statements rec'd by 24/11/06!

shABBEY Acc 2: SAR sent 02/11/06; 12 months of statements plus re-worded microfiche letter rec'd 15/11/06;

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...