me vs abbey national

[billyisgod]

i sent the template dpa subject access letter on 23rd feb this year, no response at all from abbey, no acknowledgment? nothing? so ive handed into the branch the LBA letter.

 

is it common for them to ignore the dpa request alltogether?

 

cheers

[GaryH]

Did you send it with the £10 fee, if so has the cheque been cashed? and also was it sent recorded?

[billyisgod]

i hand delivered it mate, with the £10 fee and obtained a reciept!

[GaryH]

Ok, fair enough. We'll in that case then you can enforce it.

 

You've got 2 options, either file a non-compliance claim, or go through the ICO. Both these options can take time, so if you can manage to get them to provide it to you without resorting to either action then that'd be preferable.

[billyisgod]

thanks Gary, i take it the instructions for filing a non compliance claim are on this site somewhere?

[GaryH]

Here you go -

 

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

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[billyisgod]

thats excellent Gary many thanks, if nothing is recieved by this friday i will file with the Court!

[billyisgod]

ok nothing at all recieved so i filed action against abbey national asking the courts to force them to comply with the DPA Subject Access Request. it cost me £30 and if it works its money well spent.

 

further i have asked for £130 in damages to cover the fee and my costs involved in taking the action?

 

lets see if the British Justice system is alive and well?

[billyisgod]

ok yesterday morning i recieved a letter from Abbeys complaints department saying they take all complaints so seriously they will need at least another month to investigate mine?

 

too little to late? should i acknowledge this reply from them?

[billyisgod]

i now have a reply from the Information Commissioners office saying they are asking Abbey to comply with my original DPA Subject Access Request and it also states they have clearly breached principle 6 of the DPA in failing to comply?

 

other than that ive heard nothing from the Court and nothing else from Abbey?

[billyisgod]

despite follwoing the instructions on here to the letter it appears the N1 form is incorrect as i cannot claim costs (damages) and enforce the action to make abbey disclose the information on the same claim? the Court have told me they sent my £30 back on the 14th april 2007 and yet i have recieved nothing? thay also tell me i have to file 2 actions, a section 7 for damages and a section 8 to make abbey disclose?

 

thoroughly disheartened? any advice please?

[billyisgod]

right clarification!

 

when filing a claim to force the bank to disclose under the terms of the DPA you must pay £150 as this is not a claim for money but a claim for Court to enforce action and at the same time file a second claim costing £30 to get costs and damages to cover your time back.

 

i cant find anywhere on this site which states this so if admin would like to clarify the situation it may save other people time i have wasted?

 

cheers.

[billyisgod]

i have today recieved another letter from Abbeys complaints bod Richard Harris apologising for the length of time they are taking to deal with my complaint and stateing they need another 4 weeks as they want to investigate my complaint fully!

 

any advice on whether or not i should reply especially given i have taken legal action to enforce DPA subject access request compliance?

[billyisgod]

this morning i recieved notification from the Court that my action has been served on Abbey and they have until 30th May 2007 to respond.

 

now its getting exciting?

[billyisgod]

today i have recieved notification from the Court that Abbey intend to defend the whole of the claim, interestingly i also recieved a letter from jackie scott from the data compliance section at Abbey saying the reason they have not complied with my subject access request is because i didnt send the fee, the fee was paid in cash over the counter and a reciept obtained. Abbey also claim they wrote to me on the 10th of march 2007 asking for the fee, i did not recieve that letter (funnily enough). i have sent a cheque for £10 to Abbey stating this is the second time ive paid the fee.

 

funny how when they get the Court notice they act isnt it?

 

now what happens about the £180 it has cost me to file an action with the Court if Abbey comply in the mean time?

[billyisgod]

i am starting to really enjoy this as the bigger picture unfolds?

 

firstly last thursday i recieved a copy of abbeys defence to my action to enforce them to comply with the dpa request, they have actually defended a claim for a refund of charges which i havent even made yet, this demonstrates the sheer incompetence of these idiots and also how busy they must be to make such a fundamental mistake, i cant wait to get to the court hearing, i am gonna rip them to shreds?

 

secondly the second cheque i sent has been returned with a letter of apology from the data compliance section at abbey with a promise that a dhl courier will deliver my dpa request documents s soon as they can find them??

 

what a joke these clowns are?

[billyisgod]

does anyone actually read this thread btw?

[GaryH]

Yes, I'm lurking! Seems your doing fine. I'll be here if you run into trouble.

[Lula]

Im lurking too, but i am confused (Shush Gary!!! lol) did you raise an official complaint with the Information commissioner as well as filing at court?

[billyisgod]

Im lurking too, but i am confused (Shush Gary!!! lol) did you raise an official complaint with the Information commissioner as well as filing at court?

 

 

yes i complained to the ICO first and they found abbey had breached principle 6 of the data protection act, it didnt make any difference to abbey as they largely ignored the findings but it does prove to any future court that i have exhausted all other options!

[billyisgod]

right updates!

 

they finally complied with the DPA request and sent me there records, ive calculated they charged me £3594 over a three year period whilst i was at University.

 

i am today writing to reclaim those charges.

 

now i do need some advice, i have filed an action to force them to comply with the DPA request but as it hasnt reached court yet and they have now complied what happens about the £180 it has cost me to take action so far, bearing in mind abbey did not comply until they became aware i was taking them to court?

 

cheers

[billyisgod]

ok a lots happened since my last post.

 

the Court have decided to set a date for a hearing to ask abbey why they filed an incorrect defence, 1030hrs 18th july 2007, and i have now written a letter before action giving a further 14 days to pay me up in full.

 

i will be in court on wednesday to seek my court costs and administration costs (totalling £280.00).

 

more updates to come.

 

anyone else ever think they should re-train and become a solicitor?

[billyisgod]

another update, at the hearing Abbey didnt turn up and a judgement to award me my costs etc was made, in the meantime Abbey sent me a cheque for £280.00 covering what i was asking for.

 

i have recieved no response from Abbey regarding the charges letter and LBA and so this morning i filed a County Court claim against Abbey for £3594.00 in charges, £1235.92 interest under s.69 and £120.00 Court fees!

 

i am enjoying this so much now, am i wierd?

[billyisgod]

oh and i forgot to mention i have written to the OFT and make a consumer credit act 1974 complaint against Abbey too

[billyisgod]

the lovely people at Abbey have written to tell me they are part of a consortium involved in legal proceedings with the OFT to put through a test case to decide whether the charges they believe are fair are in fact lawfull and i will now have to wait for an outcome from this? they are asking the Court for a 'stay' which in effect puts my case on hold.

 

anyone know if i can insist that the Court proceeds as i dont want a stay? after all if they had complied with their legal obligations with regards the subject access request in the first place i would have been to Court and had a ruling allready? the delay is their doing not mine!