What Should I Do Now ?

[carlccfc]

just to let you all know i have sent a dpa letter to the shabbey.

 

posted it on 20/03/06, just wait and see what they do now, i guess.

 

thank you to the admin and mods for the info and those willing to help others.

[Seminole]

Did you include a cheque for £10?

[carlccfc]

yes i did, hopefully no excuses from them.

[carlccfc]

had a reply from the abbey today regarding my dpa request and they tell me and i quote

 

" as you are asking for specific information, abbey will deal with your request as a general enquiry without you having to make a request unter the dpa. "

 

they also sent me my £10 cheque back tell me the info i want will be with me shortly, is this a delay tactic by them, if so do i write back ?

 

or do i just wait the forty days i stated in the first letter?

 

cheers

 

carl

[alanfromderby]

This seems to be Abbey's approach at the moment.

 

To be honest, they have clearly received your cheque - otherwise they could not have been able to return it. I would have thought a copy of your letter and their reply would be enough evidence for any action through the IC.

 

I wonder if Abbey are doing this to try to deflect people into doing something wrong. Clearly when people have followed the FAQ exactly, the banks have no defence.

 

By trying to get people to send additional letters, or make follow-up phone calls, it is possible that they may inadvertantly give them extra time to delay compliance, or worse still compromise their case.

 

If they have decided to return your payment then that is up to them...surely they still have to comply within the 40 days, as you have followed the correct procedure as outlined by the DPA rules.

[carlccfc]

just a quick update on my situation as it stands :

 

so far no further with my dpa request only my cheque of £10 returned !

 

and worse still i recieve my monthly statement last week to tell me i went £4.50 over my allowed overdraft because of a £30 d/d and that the abbey will be charging me £30 for paying this d/d and also charging me another £20 because i went over my overdrat limit.

 

so when i finally get my statements i will obviously be adding this £50 onto my claim as well.

[alanfromderby]

It is becoming apparrant that Abbey are using every tactic they can find to delay DPA compliance. In your case I am now of the opinion that their deflection of your request into "a general enquiry" is a direct attempt to circumvent the Data Protection Act.

 

I would advise you to send another letter - refering to their response. Tell them that you specifically requested that they provide you with the requested information under the terms of the DPA, and that you expect them to respond by 8th May (40 days from 22/3) at the latest. I would then add:

 

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

[carlccfc]

recieved a letter today telling me that what i asked for reqiures a admin fee of £10.

 

as my previous post state i sent this cheque with my dpa request only to have it returned by the abbey, they are asking me to fill in a form - "authorisation request for account transaction staement",

should i fill this form in and send another cheque and also should my deadline still exist for the 8th may?

 

they also regret they cannot supply me with detailed information of any manual intervention as they are not entirely clear as to what information i require!

[carlccfc]

i sent abbey a dpa on march 20th WITH £10 admin cheque.

 

got reply few days later with my cheque returned advising me they are dealing with the matter as a general enquiry and no cost applied.

 

recieved further letter on april 20th asking for £10 admin cheque to proceed, i duly done so AND also informed the abbey that the 40 days to comply to my original request still stood ( may 8th ).

 

on may 8th i recieved staements BUT only for the previous 12 months.

 

on may 10th i recieved a MOVEMENTS ENQUIRY for the month of FEB 05.

 

so in my posession i have statements from feb 05 to present day but this does not comply to what i was requesting.

 

do i write/phone the abbey to ask why?

 

do i write to information commissioner to complain, if so how would i word it ?

 

and in the meantime what happens with my eventual claim as i have no idea how much i will be claiming for?

 

thanks in advance for any advice

 

carl

[jonni2bad]

Threads Merged - Please Do Not Start A New Thread In Relation To The Same Claim

[alanfromderby]

i sent abbey a dpa on march 20th WITH £10 admin cheque.

 

got reply few days later with my cheque returned advising me they are dealing with the matter as a general enquiry and no cost applied.

 

recieved further letter on april 20th asking for £10 admin cheque to proceed, i duly done so AND also informed the abbey that the 40 days to comply to my original request still stood ( may 8th ).

 

on may 8th i recieved staements BUT only for the previous 12 months.

 

on may 10th i recieved a MOVEMENTS ENQUIRY for the month of FEB 05.

 

so in my posession i have statements from feb 05 to present day but this does not comply to what i was requesting.

 

do i write/phone the abbey to ask why?

 

do i write to information commissioner to complain, if so how would i word it ?

 

and in the meantime what happens with my eventual claim as i have no idea how much i will be claiming for?

 

thanks in advance for any advice

 

carl

 

 

In the Bank Templates Library you will find templates for dealing with non-compliance with the DPA request. Abbey are now missing DPA deadlines regularly, to my knowledge one CC action was started against Abbey for DPA compliance last Thursday, and I will be commencing on tomorrow.

 

The more pressure that can be heaped on Abbey the better - they seem to think they are above the law.

[carlccfc]

finally this week i recieved a letter from the abbey telling me about the microfiche arguement and if they do not here from me within the next eight weeks they will assume the matter closed.

 

i sent the template letter as alan ( above poster ) suggested and this was the response what is the next step for me.

[carlccfc]

any ideas please anybody?

 

should i send a reply of something or will the abbey send me the statements in due course before the eight weeks is up.

[alanfromderby]

Have a look in the Bank template Library under DPA non-compliance.

[carlccfc]

i have sent the nescerrary letters of non compliance to which i have heard nothing.

 

i am in reciept of 13 months worth of statements, i do not know what to do next, i do not know how much i am owed but do know I am owed something.

 

please help me somebody i am at a complete loss and feel the abbey are taking the mickey out of me because maybe if they ignore me for long enough i will go away.

 

the fact that i dont know how much i am likely to claim for i feel that i am at a dead end.

 

any help appreciated.

[kathybeddow]

I am in the same position - started DPA letter in July and still no statements!

I am just about to estimate my amounts (claiming 4 accounts for me and my husband).

Basically, I have put all the figures I have on the spreadsheet and been advised to divide the figure by the number of months I have to come up with a monthly estimate of charges which I can apply to the missing months / years.

I am finalising that tonight to send off with prelim letter.

Yes I feel like I am being completely ignored by Abbey but to give myself a bit of a kick start, I re-read the Abbey success stories, and there have been a few new ones recently so it is worth persevering!

Good luck!

Kathy

[carlccfc]

the problem i have i have not got any charges during those 13 months of statements but i do know i have definately got charges in the previous 4 years to which i know the re is a large amount.

 

but as you are doing kathy i dont feel i can do this as i have no start off figure.

 

thanks anyway

[moses]

Hi,

I am in exactly the same situation as you as the abbey sent us the last 12 months of statements only & all our charges were on the previous years as we got so fed up of charges taking us further & further in to debt that we took out a loan to try & sort it!

so again we can't estimate anything from what we have - i've posted threads on here explaining this but no-one has answered them so i am feel totally alone & desperate!! if anyone bothers to answer you please let me know their advise

good luck

[niggy]

Me too! I am in the same position and confused. I have received 7 months of statements and been told that that is all I entitled to under the DP Act. Extracting the charges from these and then multiplying over six years I find they owe me £9000 + ( which would be helpful) but should I proceed using that amount - does anybody know, I would be very grateful for a little guidance, thanks in anticipation.

[carlccfc]

bump - sorry to bump my own problem but there are also others who could be advised if anyone has the answer to our predicament.

 

should we just make up a figure and proceed ?

 

seems a little strange to do that but it does only seem to be my only option if they will not reply to my letters.

[adw]

Guys I am behind you. I have not recieved a thing.

 

But...

 

When the 40 days are up I am going to estimate using the spreadsheet as I have 2 years worth of statements.

 

I will then send this with a prelim letter giving them 14 days.

 

When this is up they will get the LBA letter with another 14 days and then file in court.

 

When I send the prelim it will have a note saying the amounts will be changed if I ever get the info requested and will also file a complaint to the Data Protection Comissioner.

 

Thats my plan!

 

I think I will get some CAG stickers too - can't hurt

 

HTH:-)

[carlccfc]

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