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40 day request


tom2005
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I sent our bank a DPA request but did not enclose a £10 cheque. I sent a second request with a £10 cheque. When does the 40 days begin is it the date from the first request or when the cheque was cashed. Our first request was 15th March and so far we haven' t received any informaton.

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Unfortunately it runs from the date that the request is lodged, and correct payment is received. Therefore it will run from the date they received your second request.

Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

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Advice given is purely my opinion, and is not based on any legal training.

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We are currently doing battle with abbey and need some advice.

Abbey have defaulted us in 2002. I reckon all of the default and much more is down to charges and other abuse. The account was paid off in full but the default notice for approximately £1500 stays with the credit agencies.

We have not banked with them since that date and even though we have asked for statements through DPA request and they have banked our £10.00 cheque they now ask for additional £10.00 for multiple bank statements and £5.00 for single bank statements saying the records have been filed. They say the reason is because the account is closed and no longer held on the computer systems “An administration fee is required for retrieval of the microfiche records”

Question one how far back can we take our claim? Most of the charges occurred during 2001. Does our claim start from the date of our first request because they say that the letter was received two weeks after the date on it. They have all the account information and I am worried that they will nullify their losses by dragging this process out as more transactions disappear over a five year threshold.

Question two while this is ongoing can I alter the status of the default notice with the credit agencies?

Question three do we have to pay them the extra charges for the statements we have requested through the DPA?

Thank you

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Guest Lueeze

1. You have 6 years, and it starts form when you claim them, so i would go from 2 days after you sent the letter.

 

Did you send it recorded delivery?

 

2. Not sure, you can write to them telling them the amount is in dispute, and when you know your charges, include the default remove sentence on the prelim letter.

 

3. You pay £10 and thats it!

 

Okay, now all of this can be answered on the forums, so please go read as much as you can, start with FAQ's and work your way through. The search tool is very good too!

 

Lou x

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In respect of their response to your Subject Access Request their reply to you asking for extra money is rubbish. You are entitled to full disclosure of all personal data from maximum fee of £10. The fact that they are clearly able to disclose your microfiche records on payment of an extra fee proves that their microfiche system is a " relevant filing system" for the purposes of the Data Protection Act.

We would very much like to have a scan of the letter that you are quoting from please. Please could you e-mail it to [email protected]. A lot of people are having problems with Abbey in respect of the question of microfiche records. I think your letter would help a great deal stop

You can make your claim as far back as six years -- at least. There are one or two arguments for saying that you can go further back than that it gets a little complicated. You should read the FAQ and the forum material and you would find all of these questions were answered. You should allow a couple of days.

Dealing with the default notice which is registered with the credit reference agencies is quite difficult. They won't help you unless they hear something very devil made from the bank. The bank won't want to do anything they would much rather pay you the money but as far as removing the default they would prefer to burn in hell. You will have to deal with the question of your charges first and then your default. You can deal with a default at the same time as the charges but you won't be able to do it in advance.

No you won't have to pay them any extra charges over the £10 which you are required to pay has a maximum fee under the data protection act. If they attempt to repeat this request will insist on it then respond with an abrupt letter threatening a County Court claim under section 7 Data Protection Act. This is dealt with in the DPA FAQ which you should take time to read.

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Thank you for your help with the reply. We are sending the Abbey a letter today in the form that you indicated.

On Monday we can forward you a scanned copy of our letter from the abbey but we do not have a scanner at home. As an alternative we can type you an exact copy or hte letter and send later today.

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  • 3 months later...

hi all

we started our claim against abbey in april, its been a long time but the end is in sight. we have had a 50% offer from dla piper which we rejected, our allocation questionnaire has gone in. we have now recieved a letter from the court asking for the following :-

 

1. each party shall deliver to every other party and to the court office copies of all documents (including experts reports if the Court has given permission for the expert evidence to be used) on which he intends to rely at the hearing.

 

2. the copies shall be delivered by 4.pm on (date given towards end of september)

 

3. the original documents shall be brought to the hearing.

 

4.signed statements setting out the evidence of all witnesses ( including expert witnesses if permission has been given to use them) on whom each party intends to reply shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

 

5. the court must be informed immediately if the case is settled by agreement before the hearing date.

 

would appreciate any advice or comments. we havent been given a court date yet. thanks

tom

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hi, i think that they will never defend this in court so they are just trying to scare you, good luck. paul

Let the battle commence! Victory is imminent!

 

Abbey £228 charges refunded- no defence filed in small claims case

Abbey £720 claim. LBA sent. £430 refunded with no letter sent. Claim for full £720 sent to small claims court.

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no the letter says they will notify us of the date and time. i think ive found what we need on the posting you gave to jimthegent earlier today. the documents list is straight forward, but where can we get details on the reference cases such as Murray v Leisureplay, also where can we find the relevant parts of BB - JJ as posted on jimthegnets thread.

thanks for your help

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cheers karnevil, we,ve got 2 weeks to get the information together. great news from jimthegent. its our wedding aniversary today and I am really looking forward to going to court and stuffing the b*******s!!!!!!!

regards tom

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  • 2 weeks later...

We are close to the end of our long fight with SHAbbey.

Shabby have made two offers the last being 90% of the total. We have refused this and our claim is going ahead for the full 100% plus the removal of a default which has caused us much grief.

I do not have a problem seeing them in Court however we have been notified today that our case will not be heard until January and there is a possibility it will be moved to another Court. The time allocated is three hours. It seems a long time to wait are the Courts that busy? and is there any way we can increase the pressure or bring the date forward?

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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