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Realist v Abbey


Realist
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I believe they are only liable to keep documents for 6 years after an account has been closed.

 

Hopefully someone else will be able to confirm that for you. :)

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I may be wrong, but the banks are only required to keep CLOSED bank account records for 5 years in accordance with the The Money Laundering Regulations 2003.

 

If the account was still OPEN then of course the bank would have full records of the running of your account(s), no doubt though the bank will still have records on microfiche of closed accounts, but know that your planning on claiming the charges so trying to be awkward.

Thanks

- Hobbie

 

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

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Realist,

 

You say you 'called' them the other day, have you not considered sending the SAR, which is what you need, a complete set of all records, yes of course Abbey have told you that only keep the records 7 years back.

 

But I seem to recall reading something somewhere, or someone telling me about a gentleman who claimed charges back from 1978 from Lloyds, even though the account was closed.

 

Also another note to mention, a court ruled that if the bank does have records on microfiche then it is to supply them. as Abbey was previously Abbey National a building society, I thought that all "Member" records are kept indefinate?

 

Send them a SAR letter along with the £10.00 required, wait the 40 or so days and see what comes back, £10 -vs- £7,500 i think the tenner is well worth the spend.

Thanks

- Hobbie

 

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

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Send them the S.A.R - (Subject Access Request), using the letter

 

 

Data Protection Act 1998

 

Subject Access Request

 

 

 

 

 

ACCOUNT NUMBER: {{SORTCODE}} / {{ACCOUNT NUMBER}}

 

 

Dear Sir/Madam.

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10.00 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, since closing the accounts, I have moved on a number of occasions, from the address that was held by yourselves during the time I had my business with your organisation, the address you held regarding my/our accounts was {{OLD ADDRESS OF ACCOUNT}}. If you require further proof, I will be happy to attend my local branch to take the required proof of identity should it be so required.

 

Yours faithfully,

 

Realist

 

Try that, edit to suit your needs.

Thanks

- Hobbie

 

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

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Data Controller

Abbey National House

2 Triton Square

Regent's Place

London

NW1 3AN

 

Send it via Royal Mail Recorded Delivery.

Thanks

- Hobbie

 

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

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Ok, Im sending this letter along with a copy of an old statement.

 

Does it read ok?

 

 

 

xx xxxx xxxxx

 

xxxxxx

 

xxxxxxx

xxx xxx

 

 

 

 

 

7th May 2008

 

 

Data Protection Team

Regulatory Compliance

Abbey House

201 Graftons Gate East

Milton Keynes

MK9 1AN

Data Protection Act 1998

 

 

 

 

 

ACCOUNT NUMBER: xxxxxxx

 

 

SORT CODE: xx xx xx

 

Dear Sir/Madam.

 

Please supply us with a complete list of transactions and charges relating to our banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to our banking with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10.00. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10.00 Data Protection Act subject access request fee from yourselves.

 

If there is specific information which you require in order to satisfy yourselves as to our identity, please let us know by return. However, since closing the account, we have moved on a number of occasions, from the address that was held on file by you. The address you have regarding our account was x xxxxxxx, xxxxxxx, xxxxxx, xxxxxx, xxx xx. If you require further proof, I will be happy to attend my local branch and provide any required proof of our identity should it be so required.

 

 

Yours faithfully,

 

Mr And Mrs xxxxx and xxxxx xxxxxx

 

Enc: Bank Statement Copy

 

 

Is this ok.

 

Regards

Edited by Realist
Removed not needed text

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I enclose the statutory maximum fee of £10.00. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10.00 Data Protection Act subject access request fee from yourselves via county court action.

 

No need to mention/threaten court action at this stage, they've not provided you with anything yet, also Abbey may agree to pay you the charges back without the need for the court to be involved. Becareful...

Thanks

- Hobbie

 

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

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Realist,

 

I notice the letter to be signed

 

Mr And Mrs xxxxx and xxxxx xxxxxx

 

I may be wrong on this, but to make a SAR you need all parties involved to give permission, the bank *may* not provide you with all details for anything that is in the 3rd persons name, unless he/she signs the request also.

Thanks

- Hobbie

 

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

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Good stuff =)

 

Best of luck to you both, don't forget to post and keep us update on how you get on with them.

Thanks

- Hobbie

 

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

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Will do, just out of interest I've enclosed a copy statement with the S.A.R - (Subject Access Request) and found 2 old statements from 2002.

 

I didnt know they included a list of charges at the bottom and I've added up just the 2 statements and it comes to:

 

301.47

183.40

-------

524.47

-------

 

And thats without interest to me.

 

They are per month and the statement numbers are 30 and 32 so god help them when I add all of the charges up.

 

Regards.

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  • 2 weeks later...
Hi,

 

I had a joint account with the wife back in 1999 with Abbey and moved house in 2003 and since closed the account. I called Abbey the other day and asked if I could get details of our old account and the lady said they dont hold account details after 7 years.

 

Is this correct?

 

Also, how do I go about claiming from this account concidering I've moved 3 times since but I do have a few old statements available but not all.

 

I estimated that they owe us ££££ figures.

 

Regards,

 

Brian

 

-

 

Not true!

 

Zootscoot says:

 

'It appears Abbey hold information going back until 1925.

 

 

Make sure you get all the information you are entitled to under your S.A.R - (Subject Access Request)!!!!!!!!!'

http://www.consumeractiongroup.co.uk/forum/abbey-bank/81670-data-retention.html

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  • 3 months later...

Did receive a reply back but they requested that I visited a local brance with current proofs of address etc to change over the old bank account address details to the current address.

 

Im dubious to be honest just in case they have some underhanded trick up there sleaves.

 

Its now passing month by months and Im loosing ££££ each day. Is it now worth me claiming for a few months of money or see if I can claim over the 6 years?

 

Regards

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5 threads merged and retitled.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 10 years later...

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