Standingupformyself v Abbey Irrational

[standingupformyself]

I sent off my SAR, complete with cheque to Abbey on the 15.3.07, did not do it recorded delivery though,,, stupid mistake.... the cheque has not yet shown up on my account and I have not received any kind of acknowledgment. Bearing in mind that obviously all the Head Offices are probably snowed under with these requests I was thinking of sending a reminder letter (recorded this time) to a local branch, stating the date I originally posted the letter and reminding them of the date they should comply? What does anyone think... So desperate to get this ball rolling !!

[fedupandskint]

You may actually be better off re-sending the check again but cancelling the other one. and this time remember to send it recorded delivery this way they have no excuse and no reason to drag their feet any longer than they are already

 

Hope this helps

[standingupformyself]

Yes you could be right, thing is it costs more to cancel the cheque than the ten pounds the cheque is for !!!! I have got a few irons in my fire (Barclaycard and Abbey Credit Card) so will post the letter to the branch recorded delivery and see what happens.. Thanks for getting back to me x

[standingupformyself]

Posted the letter to local branch, recorded..... Did not include a second cheque. They should receive it tomorrow. The good thing about sending letters to the branch is that they sign for it the same day, unlike Barclaycard who have not signed for my SAR, which was posted nearly a fortnight ago.... Will keep you posted

[standingupformyself]

Standard letter received this morning....should receive first lot of statements shortly, others on microfilm etc etc

At least I know that things are underway now, this was the letter I originally sent out NOT recorded delivery. Not a mistake I will make again. 24th April is 40 days..... (not that I am counting!)

[standingupformyself]

Checked Internet banking and my tenner has cleared out of my account today. Again, nice to know something is happening

[standingupformyself]

ADVICE PLEASE?

 

As stated earlier, I am chasing two SARS, one for recent, the other for pre-6 years. I chased these up with an email to Abbey, and received this in reply. My question here is: If they can tell when my account was closed, and what state the account was in, surely that means that they DO still hold details of the account. By the way I also dispute the fact that the account was closed whilst I still owed them money. I remember paying off that overdraft.... The money they are talking about must be literally pennies.....

Should I re contact them regarding this account, stating that I beleive that they do still hold records of this account.... (I had also asked that if the account records had been destroyed, could they please send to me a certificate of destruction) and if so, how should I word it? All help appreciated here, thank you

 

 

 

has asked if I can respond to your email of 19 April 2007 and after making enquiries with the respective business area dealing with your request, I have sent you a letter and some data in confirmation of what's happening with your request.

Your first request is being administered by our Bradford Office. I can only apologise for the delays you are experiencing, but please accept my assurance that your request is being dealt with as quickly as possible and you will receive the information which has been archived onto microfiche shortly.

Your second request relates to an account that was closed with an outstanding balance in 1999. As Abbey have no legitimate reason to retain the transactional data for more than 6 years, we can confirm that this has been destroyed in line with our retention policy.

I hope the above assists you until you receive my letter and data requested, however if I can be of any further help in the meantime, please contact me directly.

[standingupformyself]

statements received this morning, Jan 04 to May 2006 when the account closed. Microfiche copies to follow. Also they are going to refund my cheque.......

[standingupformyself]

Is there any reason why I could not do two claims against Abbey. The first one now, with the 2004-present details on it, and the second claim from the information I will receive when the microfiched copies arrive?

[standingupformyself]

bump

[standingupformyself]

Please, see above....... Would I be making a mistake starting off a claim for the first lot of charges, then doing another claim when my other statements finally come through.....

[Lula]

Hi, yes, start your claim for what you have, Abbey are telling everyone that trying to get information further than 6 years, that the"evidence" has been destroyed. i would send a follow up letter stating that the SAR entitles you to ALL information regarding yourself, including account information and any certificates of destruction/deletion that pertains to any account that you held. Then when they dont cough up, file a complain with the information commissioner

[standingupformyself]

Lula

Thank you for getting back to me. I think I will treat my pre 6 years as an entirely different claim (it's another account anyway, I shall call it account A) I will follow your advice though regarding the older account

 

The question I am trying to get answered is should I start my claim with the spreadsheet and statements that I have already received for Account B (£700 approx) and then start a seperate one when I receive June 2004 and backwards microfiche information.

[Lula]

Hi, sorry, i missed that bit out, the answer is that it is up to you, you can either do a claim for the statements that you have and then when this claim has finished (you cant do two claims for the same institution at the same time) or you can wait until you receive all you statements and then do them together, but yes, the pre 6 years statements are a separate argument and one best left till later - hope this helps

[standingupformyself]

That was what I was hoping you would say... I may start the ball rolling now on Account B. Mind you, as I understand it, I can amend my claim at any point until court stage??? (please correct me if I am wrong) so if I sort out my prelim letter tomorrow and then receive the missing statements I could just amend the letter couldn't I?

And while that is underway, I will work hard at trying to get the old statements for Account A

Thank you again Lula

[Lula]

Hi again, yes you can amend you claim at anytim, although it is far easier to do prior to filing at court, in your preliminary letter just say that you reserve the right to amend this amount subject to receiving the missing statements, if you have already filed at court then you would need to complete form N244 and pay a non recoverable fee of £35 to amend your claim

[standingupformyself]

Letter going off today to Pam Speed at Bradford. Stating I reserve the right to amend this amount when I receive the rest of the information I applied for (which by the way 40 days is up today)

£704, not stated any interest at this point !!! I feel that at least I am on the way now...

[standingupformyself]

I received my ten pounds back yesterday,,,, made me smile actually, thinking what a cheque FROM Abbey looks like !!

 

I also sent a Letter Before Action SAR reminder yesterday, as 40 days were up 6 days ago, and I am guessing I can double my claim when the other statements come through.

[standingupformyself]

7 days are well and truly up now since sending my LBA about my SAR, still waiting for Abbey to send me the rest of my information.

What's my next step?

[standingupformyself]

any names or phone numbers of someone that can hurry my statements up? Please !!!

[standingupformyself]

statements came today, with another 20 charges on them between 2001-2004.

Actually I thought there would be more!!!!!! Must have been better with my money than I thought!!!!

 

Will send an amended Prelim letter today....... I am on my way at last!!

[standingupformyself]

LBA being sent today £1196 in total charges....

[standingupformyself]

Had a letter this morning, presume it was just a standard letter. LBA has run out and I am ready to file at court... but what does this highlighted paragraph mean? I have not received any letter from Abbey, but they mention cancelling my charges... have I won? should I phone them?

 

 

 

 

 

 

 

22.6.07

Dear Mrs Standingupformyself

Thank you for your letter dated 25.4.07 about the charges on your bank account, I apologise for the delay in my response. I have now carried out a full investigation on your behalf.

 

I'm sorry you are unhappy with the charges and I understand you would like these refunded. I can confirm the charges were aplied correctly, as you had insufficent available funds at the time.

 

I appreciate your feelings on this matter but we are satisfied that the charges do not contravene the unfair terms in consumer contracts regulations 1999. We also comply with the office of fair trading, in dealing fairly and openly with our customers.

 

When opening your account you were provided with information detailing the ter,s and conditions. We have also sent you regular updates and tariff of charges, which detail the amounts of our charges, I have enclosed a further copy for you.

 

YOu have requested a breakdown of how our charges are apportioned. Unfortunately, I am unable to provide you with the specific information you have requested.

 

I can inform you that the value of a trasaction, which causes you to exceed your agreed overdraft, has no bearing on the amount charged, Should you require details of the specific charges applicable, these are stated in the terms and conditions of your account.

 

The OFT announcement was in relation to Credit Card default charges and not charges related to other types of account, such as bank accounts. This means our current tariff of charges continues to apply.

 

You have asked that any default notices against you in connection with the charges applied to your account, can be removed. We are obliged to share this information on how customers run their accounts, to other financial institutions. This is done through regularly updating the credit reference agencies.

 

As we have cancelled the charges as a GOGW and not due to an Abbey error, I am unable to alter any information held with a credit reference agency, as this information is factual. It is however unlikely that any adverse information has been registered against you in connection with this matter.

Please be assured I have carried out a full investigation for you and I hope you feel I have offered a considered and complete response to all of the issues you've raised. I will keep your file open for the next 8 weeks and if I don't hear from you within that time, I will asuume that everything is resolved and will close your file. If you remain dissatisfied though, the leaflet you'll find with this letter explains your rights and how to take your complaint further within Abbey.

 

 

blah blah

[dizzy delilah]

Its a bit of a wishy washy statement that, isn't it? Why don't you ring them at Customer Services and ask them to clarify? You've not had recent charges slapped on the account have you (that they're now cancelling)?

Look forward to hearing the outcome.....Dizzy

[standingupformyself]

Been trying to ring all morning, but their computers are down..... no there are no new charges, it is an account that has been closed for about a year.