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mariejader v Abbey **DEFENCE STRUCK OUT!**WON**


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Ok I don't have any info on my account details with Abbey only a card which does not show account number.

 

So I went into the branch on Saturday and requested this information and then promply put it into my DPA letter, the branch refused to take the letter and said I had to send it off but could not tell me where but gave me a telephone number

 

Today I call the number and have been told I need to sign a "form" reference data protection, I asked why as no one else seems to have been done and have been advised Abbey call it a subject request form, they also asked why I wanted 6 yrs worth of statements so I explained I want to see my bank charges, I have to say they girl did not have a clue what I was upto which surprised me! she was very nice and really helpfull though

 

Apparently her manager is going to call me later! WHY :lol:

 

So two questions here

 

1. Has anyone else been asked to complete the form?

2. What should I say when he calls me "legally thinking now"!

 

Think I may just post my letter anyhow to the address on here

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The manager called me today and asked why I wanted the information, so I just said I wish to know my bank charges for the last six years, no more and no less, he was really nice and said it was probably best I send the letter rather than wait for the form but also I should enclose a chq for £10 with my initial letter which I have now done, hopefully this will speed up the process.

 

The chq had to be made payable to: Abbey National Plc Access Enquiry

 

I was advised to send it to:-

 

Data Protection Manager

Data Protection Team

Regulatory Compliance

Abbey House

201 Graftons Gate East

Milton Keynes

MK9 1AN

 

Hopefully this may help others

 

I will keep you posted

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Bugger... i forgot about the £10 with the DPA. I read in the FAQ that a fee of £10 was needed. I mean i can send it when they reply but it just lengthens the process.

 

Is the £10 mandatory? Or do some receive their statements without charge?

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Some banks waive it but they don't have to. Send another DPA reqest withthe £10

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I also sent my DPA letter and £10 cheque to the same address.

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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I have just checked my mail and i've had a reply. Please see my thread for more info!

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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Reply received today from Abbey:

 

Thank you for your letter received here 16th March. I note that you are requesting a complete list of transactions and charges on the above account since Jan 2000 as well as details about any manual intervention that may have taken place in relation to your account.

 

As you are asking for specific information, Abbey will deal with your request as a general enquiry whithout you having to make a request under the data protection act. I have therefore forwarded your letter onto our Complaints Dept and they will contact you in due course. The information will be forwarded to you shortly and free of charge therefore, I duly return the £10 cheque enclosed with your leter.

 

I trust this meets with your requirements.

 

Yours sincerly

 

 

Sheena Small

Data Protection Consultant

Data Protection Team

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i got that exact letter myself still awaiting my statements/break down although it hasnt been that long.

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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As you are asking for specific information, Abbey will deal with your request as a general enquiry whithout you having to make a request under the data protection act.

 

Whether they deal with it as a general query or as one requested under DPA is irrelevant (The Straw Man Fallacy - see other threads) the fact remains that the request WAS made as a request under the DPA...and should be treated as such.

 

You can call a chicken a horse...but that doesn't mean it is eligible to enter the derby...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi all, I have just started the ball rolling with reclaiming disproportionate penalties from Abbey National. It's great to be part of a movement like this which is getting results. I'll let you know of any progress.

 

Alan.

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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I haven't checked back on the site for a while...............

I sent two DPA requests to the Abbey on the 28/2/06, both by recorded delivery. According to the Royal Mail site, one was received and the other wasn't ( I've taken that up with them).

When I sent these off, there was no real mention on the site of requiring the £10 charge for releasing this information. Should I re-submit both requests along with a cheque for £10 and basically start the process again, or can I just send the cheques with a covering letter and still expect an answer 40 days from the 28/02/06.

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I would resend with £10 cheque by Special Delivery. The 40 days starts with receipt of payment.

 

Although the fee was not highlighted, the info regarding it has always been available in the FAQs.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Right I am so confused now I need help before I do the wrong thing

 

In the library the letter for requesting money it reads:-

 

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX

 

I thougth we could not claim interst or am I getting confused with account fee's

 

So say the bank has taken £100 in charges (dd's excess borrowing etc) what do I put in the plus xxx is this the interest or is the 8% which is what I thought it was originally, but if that is the case they have not charged me the 8% so the wording can't be right.

 

So where does the 8% come into.

 

And I have read the FAQ's and thought I understood them

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Yes, you are getting confused between the two.

 

You CAN claim the overdraft interest that would have occured soley due to the charges, but you CAN NOT claim for 8% interest on the charges until you issue court proceedings.

 

It is entirely up to you wether you claim the overdraft interest - you are entitled to it, but it takes a little more work to calculate this.

 

If and when you claim 8% on the charges, the spreadsheet in the library will work this out for you.

 

Have a good look through the FAQs for clarification

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi,

 

Interest is a bit confusing, but the subject is explained in it's entirety throughout the boards. However, to keep it short:

 

First request for refund should include all the charges they have made (do NOT include legitimate fees, such as £5 month for providing overdraft facility...that sort of thing)

 

The interest you enter at this point is the interest they have charged you on the charges they should not have made to your account. This means that they unlawfully charged £30 for being overdrawn, therefore the (...£1.12...) interest charge shold not be made either. The two charges are usually adjacent on your statements.

 

The 8% APR interest is ONLY put into your calculations when you submit your claim to court, and this runs from the first day of your claim (March 2000?) until the court awards the case to you.

 

Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I know I am not the only one who has been advised by Ms Small that statements were on Microfiche, I am still waiting for my copies and I am now wondering if anyone has received any Microfiche statements from Abbey?

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