GuidoT (MC) v Abbey

[GuidoT]

Just about to send off SAR, is this still the correct address:

Data Protection Manager

Data Protection Team

Regulatory Compliance

Abbey House

201 Graftons Gate East

Milton Keynes

MK9 1AN

[GuidoT]

Bump

[bp]

Yes thats fine

[GuidoT]

Prelim letter sent for about £2.5K.

[GuidoT]

Is there a strategy for dealing with Abbey when after the SAR they only provide the last 6 years of statements and you require statements older than 6 years.

[Lula]

yes, they tell you that they have destroyed them, there is now no way of getting them, unless of course, you know different

[GuidoT]

Lula are you saying that no one has obtained statements from Abbey over 6 years old? I am not familiar with Abbey .

 

Is there any point in writing to Abbey and say I require information going back further and if they do not comply, complain to the Information Commissioner and or commence legal proceedings pursuant to the Data Protection Act.

[Lula]

This is what I am saying, complaints to the IC have been made but he just says that if they say that they have destroyed them there is nothing that they can do, and a case was bought before a court and it went against the claimant with an Abbey Barrister turning up before a court and waving a piece of paper around which basically said that they had destroyed the statements

[GuidoT]

Thank you, I shall give up then on pre 6 years then.

 

Do you have a link to the related thread please?

[Lula]

I would if i could remember who it was, i think it was Armsoft

[Armsoft]

I would if i could remember who it was, i think it was Armsoft

 

Lula,

What a great memory you have:)

 

Abbey supplied me with my 6 years statements last year (latter part of) They were struggling to meet the 40 day deadline, and as a result of a phonecall to them my statements arrived by Courior the following day.

In with my requested statements, in sequence, were my statements going back to 1994.

I still have them, they are on Abbey paper, they have the date printed on them of when they were produced.

I`m more than happy to sign an affidavit to that fact if required.

 

I`m going to use the statements this year to embark on my Pre 6 year claim, should be interesting to see what they say when I send my SAR off to them asking for them:D

 

If you need any help with your case, let me know, just be aware that my time availability is limited at the moment as we are in the middle of the F1 Season so I`m quite often traveling with the team, so responses are not likely to be instant.

[GuidoT]

Thank you both. I think, I have Lula saying that a complaint to the IC is pointless as statements have been destroyed and Armsoft saying he has obtain pre 6 year statements.

 

What steps should I take to obtain those early statements or Lula do you still think it is pointless?

[Lula]

Well i think that i would still complain and see where that gets you, but after that, i really have been with my back up against the wall trying to find another solution, and I cant, unless we can find an insider to get them for us lol

[GuidoT]

I think I am going to try this:

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

[alanfromderby]

It is a difficult one, and a subject that we really haven't addressed as yet.

 

Clearly, some banks do hold information for longer than 6 years - indeed I saw somewhere that Natwest may in fact hold data going back as far as 1924!

 

However, the ICO seem to be only willing to push banks to supply information going back 6 years. On that basis, I would be surprised if a District Judge would feel inclined to go beyond that limit.

 

What has always bugged me is that somewhere there must be an old law, statute, banking regulation etc, that compels a bank to hold records for a certain period - and I would bet a pound to a penny, that the limit is way more than six years.

 

We just need to find the person who knows.

[noomill060]

Im having a fight with Northern Bank. ICO involved.

 

They say that, yes they do hold the data (1987-93) (on microfiche) but as its filed by statement date, not account number or by name, it would be too much bother to comply, so therefore, they dont have to.

[GuidoT]

Finally got around to requesting the pre 6 year statements today.

 

Invariably, when Abbey say they are unobtainable, I am going to seek Armsoft's assistance and evidence that they can be obtained.

 

I will probably end up filing a claim based on estimated costs for the pre 6 years charges and in parallel seek an injunction to enforce compliance.

[noomill060]

I went through this with Northern Bank.

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/81094-noomill-northern-bank.html

 

I complained to ICO then started small claim.

 

They told me the data was on microfiche, then told ICO something different.

 

I used their defence to beat them.

 

In the end they paid out £200 in damages and I got my statements from 1987-93.

[GuidoT]

Despite all the stay nonsense, I have now issued a LBA and have decided to file the Claim Form in around 2 weeks, even if it will be stayed.

[GuidoT]

Notice of Issue received from the court today.

[Lula]

I had to re read the thread to familiarise myself with it again lol

 

So did you get all your statements?

[GuidoT]

No I figured I had waited long enough, but I added to the particulars of claim the following:

 

On the 26 February 2007 the Claimant sent a Subject Access Request pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

The Defendant has failed to fully comply with that Request in that it has not sent the documents for the period when the Account was opened to the 30 January 2001. The Claimant requested this information by way of a letter dated 27 September 2007.

And the Claimant claims

(3) An order that the Defendant complies fully with the Claimant’s Subject Access Request

[Lula]

did you try emailing [email protected] first, saves alot of time, she is very good and very quick and will get your copies off to you tout suite

[GuidoT]

Thanks girl I will try that.

 

Received Notice that an Ack of Service has been filed from the court and that the bank intend to defend all the claim.

[Lula]

yeah right