34Flipper vs Abbey

[34Flipper]

Hello, I have moved so often in the last few years I don't actually know what branch my account is registered with. Does this actually matter when it comes to sending in my letter for the infomation of bank charges.

 

Furthermore, I actually have two bank accounts with Abbey. Should I write two seperate letters or just one for each of them?

 

Thanks for your help. This is excellent news for me.

 

Paul

[34Flipper]

586rJKEE4

 

Thanks, my apologies for not posting the above code.

 

Paul

 

Letters have been sent, I look forward to posting the results.

[34Flipper]

I am so looking forward to sorting Abbey out, I have just had a look at my bank balance and a couple of days ago I went 8p overdrawn, I transfered £150 into the account on the same day and I have amazingly been charged £50 in total for this misdemeanour!!!

 

£20 clearing visa payment

£30 unauthorised overdraft

 

My thoughts are unprintable!!!

[richardc]

Keep us posted!

[Natasha]

Terrible!

 

i get charged £20 for going over limit, do they have different "tarrif's" for different accounts?

 

 

Good luck let us know how you get on!

[viv stuart]

Hi yes, I know what you mean. The other day I spotted a cheque presented on my account that day taking it 40p overdrawn, so i paid in cash immeadiatly to make sure it cleared, I thought!!! but when I checked the next day, they still bounced the cheque and will charge £35 me for their pleasure AND £20 for going 40p over my limit! I'm just waiting for back statements so i can get my ball truly rolling.

Good luck, and by all means keep in touch

[34Flipper]

Hello, I have just written a reminder to Abbey as it has been 28 days since I wrote my first letter. It may also have something to do with the fact I never sent a cheque in the first place and I thought I would hedge my bets, tell them they have 12 days left and include payment so they don't send me a reply on the fortieth day asking for some payment. (I'm not letting the buggers get away with that one......)

 

The reason for the post thought is, who do I make the cheque payable too? I know this may sound like a daft question, but, I'd like to make sure I get it correct so they cant stall any longer.

 

Thanks

 

Paul

[jonni2bad]

I'm sure that someone will correct me if I am wrong, but you should make cheques (or postal orders for that matter) payable to the name of the bank.

 

In your case, Abbey National PLC

[deeian]

I'm pretty sure too that the 40 days only starts when they receive payment of the £10. You might have to wait a bit longer but it will be worth it.

[susanm]

I too sent my inital letter without the £10 payment and Abbey didn't reply. I went into the brach and asked to fill out the form for subject access, this is did and gave them a £10 check. I think this is the quickest way to obtain the info if you are able to get into a branch easily.

[mariejader]

I was advised to may the chq payable to

 

 

"Abbey National Plc Access Enquiry"

[Neo]

Put the shortest name possible - ie Abbey National, any department within Abbey can cash it, and as they are the bank, they can do (and do) whatever they want, they can cash a cheque made out to anyone they want.

 

As in a previous post, I mentioned that if you made the cheque to Elvis, they would probably cash it.

 

You could just ask them to take the £10 DPA fee as a charge on your account? lol

[34Flipper]

Yesterday was the 40th day from my original request for all information. This morning I received the last 12 months statement on one of my accounts. I have just come off the phone from customer services and I now know that I should receive the rest of the info by the end of the week.

 

I ended up speaking to a manager to find out the name of the agent I spoke to because he wouldn't tell me his full name - 'there has been security breaches' - and I have to say he was nothing but pleasent to me.

 

I have been avidly reading all post's on this site and its strange that some people have been turned down (subtlely) for their DPA requests and although a little late I have been assured that its all in hand.

 

However, they have gone over the forty day deadline I gave them.......

 

It seems I now have a letter to send to the ICO.

[Guest Lueeze]

They could be using stalling tactics with you like most banks!

 

They send you 'some' statements but not the right ones or to the wrong address or some are missing!!!

 

Lodge a comlaint anyway! They must be shown they are not allowed to do this to people!

 

90 days is loads and loads of time to print off statements!

[34Flipper]

Ok, I got my reply this morning from abbey about one of my accounts (3 days late!) Some of the text reads...

 

'Some of the information you have requested relating to transactions on your accounts, is no longer held on our systems ans therefore, an admin fee is required. The fee will be as follows:-

 

£5 for monthly statements which has been archived.

£10 for multiple monthly statements, which have been archived.

 

The transactional information remaining on our systems will be forwarded to you, free of charge, underseperate cover'

 

The rest of the letter is about 'manual interventions' and what they think it means blah blah blah

 

My questions are:-

 

Does this mean I may have to pay £5 for each monthly statement (two accounts) going back 5 years? (got 12 months of statements for one account so far)

 

Could I just send them a letter estimating costs' for both accounts? (I haven't a clue what they may be, but if I claimed £5k for each they would soon get their act together and tell me what they really were)

 

Any help appreciated.

 

Paul

 

(Yes I am informing the ICO for non-compliance of DPA!)

 

Edited because I forgot to say the reply was from Pam Speed

[jonni2bad]

My questions are:-

 

Does this mean I may have to pay £5 for each monthly statement (two accounts) going back 5 years?

 

It's a NO to that one.

 

See THIS article relating to their other arguement, in relation to info stored on microfiche. I think it may well be the same arguement as yours.

 

Could I just send them a letter estimating costs' for both accounts?

 

You could, but I'm sure that yo will get the info you need, so you might consider waiting until you have the facts. It's always YOUR choice though - everyone here is just offering advice, that's all.

 

Good luck.

[joneshousehold]

We had all years bar 1 so that one was estimated (whilst awaiting the DPA request reply) at the highest of all the other years. Abbey were informed about this. We have told them the DPA request is as yet unacknowledged and if it is not complied with we will submit the claim as it is and point out the situation to the Courts. We have stated that the Courts are likely to require an explanation as to why they have not complied with the DPA request.

 

This is in addition to the report we intend to make to the Information Commissioner.

[jonni2bad]

Good work.

 

You do seem to have things in hand

[34Flipper]

Thanks for your replies. How does this sound?

 

I have amended the letter as they did not provide the info within 40 days.

 

Pam Speed

Regulatory Compliance

Abbey National plc

Abbey House

201 Grafton Gate East

Milton Keynes

MK9 1AN

 

20/04/06

 

Data Protection Act disclosure request

 

Dear Pam

 

Account Number: xxxxxx

 

I am in receipt of your letter dated 13 April 2006, outlining that you could only provide me with printouts covering recent transactions on my account, because any earlier information has been archived. (*I also acknowledge receipt of the information you forwarded.)

 

My request was for a complete list of transactions and charges relating to my account since 07/04/00 – 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. I would also draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246 (Ch).

 

This letter has been sent by first class recorded delivery, and therefore should have reached you by 24/04/06– as you will be aware, as of this date you are seven days late in returning all the information requested by me set out by my original schedule as stated by my letter dated 13 March 2006. I therefore, have no option but to report you to the Information Commissioners Office for non-compliance of a DPA request.

 

As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided to me within the next seven days or I will estimate my costs and start county court proceedings against Abbey.

 

Should there be any further attempts to delay compliance, I will be left with no alternative but to escalate this matter to the County Court under s.7 and/or s.13 Data Protection Act

 

 

Yours faithfully,

 

 

 

 

 

Paul Dolphin

[jonni2bad]

The only small part I'm not too sure of is if you should be indicating that you will go straight for the court option without first sending the Prelim or LBA.

 

You should confirm this point before including it in the letter - maybe someone else can offer that advice ( hint hint to mods )

 

Other than that, just remove the dash between "period – and" in the third paragraph, the comma after "I therefore," in the fourth paragraph, and include an apostrophe in "Commissioner's Office" a little further on.

 

Yes, that's me - Mr. Pickygitwhoneedstogotobed

 

Cheers

[34Flipper]

Don't worry 'Mr. Pickygitwhoneedstogotobed' I don't mind being corrected.

 

How about this as a final paragraph??

 

'As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided to me within the next seven days or I will have no choice but to estimate all charges against me.'

[jonni2bad]

Super.....

 

Then include "and I will be forced to give you a Chinese burn".

 

It works for the Mafia!

[34Flipper]

Super.....

 

Then include "and I will be forced to give you a Chinese burn".

 

It works for the Mafia!

 

Glad you agreed, I had already printed them out. Thanks for your prompt reply. You can now go to bed!!!!!

[34Flipper]

This morning I received a the letter acknowledging my complaint and saying they will investigate my complaint.

 

Now last Friday (21st April) I sent this letter below to them;

 

I am in receipt of your letter dated 13 April 2006, outlining that you could only provide me with printouts covering recent transactions on my account, because any earlier information has been archived. (*I also acknowledge receipt of the information you forwarded.)

 

My request was for a complete list of transactions and charges relating to my account since 07/04/00 – 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. I would also draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246 (Ch).

 

This letter has been sent by first class recorded delivery, and therefore should have reached you by 24/04/06– as you will be aware, as of this date you are seven days late in returning all the information requested by me set out by my original schedule as stated by my letter dated 13 March 2006. I therefore, have no option but to report you to the Information Commissioners Office for non-compliance of a DPA request.

 

As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided to me within the next seven days or I will have no choice but to estimate all charges against me.

 

Yours faithfully etc etc

 

The problem is, when I originally sent my request (8/3) I didn't include any money. In the reminder letter that I sent (5/4) I did include the money.

 

As far as I am now aware that means the forty days started on the 5th and the fortieth day ends on the 8th May.

 

So, should I still follow through with the letter dated above? Should I just accept that I made a mistake and wait until the 8th?

 

Sorry if I have waffled a bit.

 

What should I do now. Any advice appreciated.

 

I have sent the letter to the ICO as well....

[34Flipper]

Hi, I know you guys are very busy with all the questions, but, any ideas what I should do next???

 

Thanks for you help