abbey - i won *** WON ***

[Pinstriping UK]

Wrote to them using the lovely letter from Alan, they certainly got back to me within the 40 day deadline, merely to repeat that the documents I want are on Microfiche and do not need to conform to the DPA 40 day ruling. I will get them sometime...........they will keep my file open for 8 weeks and if I do not get back to them in that time they will close it automatically.

 

What do I do now?

[hagenuk]

Send an edited version of this letter.

 

Dear

Data Protection Act 1998 Disclosure Request

Account Number:

I am in receipt of your letter dated XX/07/06 outlining that you could only provide me with printouts covering recent transactions on my account, because any information prior to May 2004 has been archived onto microfiche. Further I acknowledge receipt of the information you forwarded.

My request was for a complete list of transactions and charges relating to my account since my account was opened, 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).

This letter has been sent by first class recorded delivery and therefore should have reached you by XX/07/06. I have no doubt that you will be aware, as of this date you have just XX days in which to comply with my 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 within the time period for Data Protection Act compliance.

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,

 

[philread1]

Hello Pinstriping

 

You have to send them the letter before action for non-compliance of your SAR. They have 7 days to reply before you have to take them to court. You can follow the link below to see the template letters for this action. The link is broken down in to 3 scenarios that you have found yourself in, just choose the one that suits your situation, and copy, print and send it off.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Phil

[philread1]

Hello Hagenuk

 

I thought the 'microfiche argument' letter was sent if you received their reply from Pam Speed about the microfiche within the 40 days of your SAR, just to give the shABBEY a kick up the backside. Once the 40 days has passed, don't you send them the LBA for non-compliance?

 

Could you clear this up for me?

Thanks

Phil

[Seany]

Yes I'm still in the forty day period and have sent them a letter similar to that above. I then sent them the first LBA letter when I received less that a full year's worth of statements (I requested a list of 6 years worth of charges). My next step will be the seven days non compliance LBA letter when the forty days is over.

[hagenuk]

Hello Hagenuk

 

I thought the 'microfiche argument' letter was sent if you received their reply from Pam Speed about the microfiche within the 40 days of your S.A.R - (Subject Access Request), just to give the shABBEY a kick up the backside. Once the 40 days has passed, don't you send them the LBA for non-compliance?

 

Could you clear this up for me?

Thanks

Phil

 

Hello Phil

 

In my opinion sending them the non-compliance letter will not work if they believe that they are not at fault.

 

They are in denial regarding microfiche and the DPA 1998.

 

This letter should also demonstrate to them and to a)You know what you are doing and b) if it ever did get to court, you had done everything in your power to prevent litigation.

[dave554]

I think I'm having a similar problem. I sent the DPA request and they sent me the microfiche rejection letter saying it would be sent out as and when basically. I then recieved about a year's worth of statements plus a printed statement covering about 6 weeks of transaction (though this period was covered in the year's worth of statements anyway so I have no idea why they sent this).

 

Anyway I sent the letter above to counter their microfiche argument and today recieved a letter from their Business Manager Pam Speed (who had sent me the initial corrospondence) basically repeating the microfiche argument and saying they don't acknowledge the DPA request.

 

They've said I will get the statements but have given me no time frame and it appears they wil certainly not send them within the 40 days I've allowed.

 

Any suggestions as to what action to take from here? I'm fed up to the back teeth with Abbey and have no doubt they owe me a fair amount of money over the full 6 years (the last year amounted to £888 worth of charges!?!) so I'm fully prepared to report them to ombudsmen.

 

Any help is greatly appreciated

[pollyjohnson]

Dave I am in exactly the same boat as you. I await with baited breath for an answer to your post. Keep at it!

 

Polly

[dave554]

Hi Polly, I've been having a look around and there seems to be a new sticky directly related to this problem of Abbey not acknowledging Data Protection Act requests so I think this is an issue with a quite a few people...

 

I must get my case information in my signature like everyone else here has as well

[Seany]

I beleive many people have been taking Abbey to court to force compliance, but Abbey apparently supply the information before any court hearing. I am not expecting Abbey to comply with my request either. If this is the case I will take them to court.

[Pinstriping UK]

WEll I will be darned I was unpacking a box today - moved a year ago and still have some to do - when I found a further two yearrs Bank Statements for shabbey. The fees to be reclaimed are about £2k. Regretably there are no more boxes.

 

Should I issue a claim for the current amount with a proviso to lodge a further claim if and when the Microfische documents arise?

[Pinstriping UK]

Righ Prelim letter has been sent including request for unknown estimate. Now then I want to proceed with the DPA Non Compliance form but I got lost at section 6 the request for details - is there a set wording for this section or do I have to outline everything again?

[give_me_it_back]

Pinstriping - your 'boxed statements' seems a far more 'relevant filing system' than microfiche!

[Pinstriping UK]

Yes the form on the Information commissioners site it is section 6 that has confused me a deatiled brkdown of the problem.... did you not bother with this step?

[Pinstriping UK]

I'm going in - Letter before action sent today

Still no Microfilch !

[Pinstriping UK]

almost £500 returned to my account today no correspondence no explanation !

how do I handle this - will I be deemed to have accepted this and nullified my claim?

[hagenuk]

almost £500 returned to my account today no correspondence no explanation !

how do I handle this - will I be deemed to have accepted this and nullified my claim?

 

Unless you have agreed anything with them, or signed any such agreement that this is full and final settlement then no, this will have no bearing on your claim, save as to reduce it by the amount they have just paid you.

 

Continue with the remainder.

 

You may wish to write to them asking for an explanation and informing them that you will continue with your claim for the balance of the charges owed.

[Pinstriping UK]

Thanks Hagenuk

 

Was a bit worried there for a moment - but a pleasant shock - am still in disbelief about it !

 

I willtake your advice and write to them as you suggest.

 

Many thanks

Lynda

[give_me_it_back]

Good news!

[wayne.hunt]

I have also just had a load refunded but they still owe me a load according to my estimate as still no microfiche, received letter today stating basically as a goodwill gesture they have refunded ££ and loads of other crap. Going to reply as already sent LBA. Going to thank them but want remainder by 31/8 or proceed with court action

[Seany]

By the sounds of it they are trying to throw you off the scent and hope you will leave them alone! Well done on the money you have got back so far, and just look forward to when you get the remainder!

[shayshay]

ok, mega confused. Had the microfiche arguement, replied with the microfiche letter and had the same response as others. (my account was closed in April 2005, so not going to get anything of any use) so will wait for the 40 days to be up before sending an estimated amount to be claimed back. Is that the correct procedure?

[Pinstriping UK]

Next question

Their 14 days on the lBA runs out 1st September.

As they have refunded me some money approx £500, I would like to wait until I receive my next statements about the 14th and detail the correct figures to amend my claim based on the exact refund received. Will it matter that I delay by 14-21 days before going to the court action stage. I feel I want to keep the figures exact so that they have no wriggle room if you know what I mean.

[Glenn UK]

FWIW

 

I personally wouldnt delay, i would add a closing date to the LBA and continue.

 

When you win you can write to them asking them to reinstate all chrges since that date or else you will take another action out against them.

 

JMHO

 

Glenn

[emason]

I am in the same boat, 40 days expired, 2 Microfiche letters and some rubbish from the Complaints department, I have sent the Notice of Action letter, 7 days expires today so now I want to take the gits to court.

 

I'm just slightly confused about one thing, as Shabby are in non-compliance of the DPA I have no idea of how much my claim might be, but at a guess I would say 3-4K. What I need to understand is that by filling out the N1 form etc as a means of making Abbey comply with my SAR I am forcing them to provide the amount that I wish to claim for.

 

Is this effectively killing two birds with one stone or will I still have to wait for my past statements which the court will force them to supply and then resubmit a claim with the right financials on it.

 

Any help greatly appreciated.

 

Ella