Alex the Lad v. Abbey

[jules1973]

Thanks alot.

 

Regards

Julie

[adamc6671]

Hi All - been following this thread with great interest!

 

With great respect to Alex, whose thread it is, I find this whole Abbey spreadsheet thing a great [problem] on their part to avoid giving out the full info required to put a full and formal Court claim together! On top of that I've just read todays OFT statement as per Julie's link (above), which seems to say that they're going to nothing quickly (for a multitude of reasons!). All of which seems to leave us - the long suffering customers - with ever greater problems to overcome in order to recover what is rightfully ours, and having to do so without the formal intervention of the OFT (at least in the short / medium term), which intervention we surely have a right to expect!

 

What is the point of the OFT if they are not going to react quickly and efficiently to what has now become a massive problem with this country's banking system??????????

[Eat the rich]

well folks , i too recieved the spreadsheet (jan 04 - dec 06) and its where most of my charges were taken.

i put them all on my summary using the 28th of each month as the date as this seems to be the date for nigh on the rest of them. ive just sent it off today . hope i havent dropped a clanger already !

[elliejay39]

As I said in my earlier post - although its fairly simple to estimate the date when the charges were taken, I am at a loss as to how to work out overdraft interest on charges when we do not know what the o/d balance was and how much interest was charged that month!

[NinaS]

I think abbey are up to something myself. I have been suspecting this for a while. (before starting my claim) I started all this before they started to send out these spread sheets. But when i recieved statements for last year. Januarys ones only added up to about 80 pounds. When my husband and i were in a branch for hours trying to sort out why we had called Abbey nearly everyday over the christmans period to see how much money we had in our account and everyday we were told we had some.Then we went massivley overdrawn. And between our joint account and his the charges were about £500 for that month alone!!! They told us they could only refund one charge every 6 months as a good will gesture! When the statements came through they weren't nearly that!!! But how do i prove it? and my husband has had LOADS of charges refunded on his account that he doesn't remember asking for!!

Sorry to hijack your thread but i thought it was relevant to what you were all saying.

What is going on at Abbey? I'd love to know!

[Lula]

they are running scared and taking a calculated gamble that if they refund enough charges most people wont bother chasing after them through the courts for the rest

[Robdblynd]

I'll second that.

 

I think they're beginning to lose the plot quite frankly, their behaviour is becoming even more inconsistent that it used to be. Sending 2 years on a spreadsheet when they know full well that's not compliant with a SAR. Maybe they hope nobody would notice

 

Having said that, my local CC told me today that my case is being transferred to Leeds where there is a judge who does nothing but bank charges claims. Guess we're keeping him busy. ;-)

[dizzy delilah]

Hi guys, I too have just recieived my Abbey spreadsheet dated January 2004 - January 2006, and an accompanying letter from Pam Speed promising the last 14 months transactions within the next 5-7 days. Letter also states that anything prior to Jan 2004 will follow as soon as possible - I'll believe it when I see it. I'm not convinced though about the totals they've given as they seem a lot less than I thought they would be (about £462). Strangely, it shows that I have had no Unauthorised Overdraft Fees or Unpaid Standing Order Charges and only 3 Unpaid Direct Debit Charges... in two years! Something funny is going on....AND I never got my £10 refunded either!! The 40 days expire on the 14th May - should I send a 'polite' reminder of this along with my concerns that the list does not seem entirely accurate or should I sit and wait to see what the postman brings me next?

[dizzy delilah]

Have just rung customer services at the ICO as I feel increasingly uneasy about this spreadsheet thingy. I explained that as Abbey hadn't sent me any copy statements, I had nothing to check their charges against, and that they only totalled the charges for each month and didn't provide exact dates. I'm sorry to say they weren't very helpful and as I understood the conversation, it would seem that they do not regulate the format in which the banks provide the information :o . She did say however, that they have had many complaints about this, and equally from people who have received 6 years statements but not a concise list of charges as requested. Her suggestion? Write again, enclosing yet another £10, specifically requesting copies of all statements AND exact dates of charges for the last 6 years(which is pretty much what I thought I'd originally done ) Oh well, here we go again...

[jules1973]

Ever think they are washing their hands of it? if that can't point us in the right direction, who can? I thought the SAR letter everyone has been using states that we require a fully comprehensive list.

 

If they are inundated with loads of complaints, shouldnt they be kicking Shabbey up the derriere to stop this from happening, Shabbey are causing more work for everyone:mad:

 

I worked in a bank for work experience many moons ago, and I remember being taught how to use the microfiche and print items off, and it wasnt that hard and didnt take much time to do. what are Shabbey playing at? Maybe they are dragging their heels waiting to see what the outcome is on Monday with the Tom Brennan Case.

[adamc6671]

. . . .If they are inundated with loads of complaints, shouldnt they be kicking Shabbey up the derriere to stop this from happening, . . . . .

 

Of course they should - thats why they are there, or so we are led to believe!!!!!! However they seem totally afraid to do anything that might upset the banks!

 

Surely, under a formal S.A.R - (Subject Access Request), the bank are legally obliged to provide ALL the information they hold about you? This includes, as per the Information Commissioner's ruling, All statements, ALL interventions upon the a/c and whether they are manual or automated, ALL communications with the customer that are recorded on their filing systems, etc etc. If they are failing in this, they could, and should, be sued in Court for failing to meet their obligations under the Data Protection Act.

 

Or have I picked up the wrong end of the stick?

[Robdblynd]

Dizzy Delilah, why not start your own thread so we can hop on board and help out.

 

That said, I am of the opinion (mine only) that if you sent a properly worded S.A.R - (Subject Access Request) request following the template letter from this site then you could argue that Abbey have not fulfilled their obligation as you should be entitled to ALL transactional information (that means payments etc as well as charges), copies of letters they sent you & any you wrote to them, any manual interventions on your account and if not they should say so and even transcripts or copies of recorded conversations with you, if any took place. You paid a fee for this info and they have not supllied it so I don't see why you should pay again. Plus Abbey are not obliged to fulfil a SAR if it is requested within 1 month of a previous request. (another delaying tactic do you think?)

 

I'd be tempted to write to Abbey telling them that they have not fulfilled your request as per your SAR and your entitlement under Data Protection Act, and that the clock is still ticking for them to comply.

 

HTH.

[MBK]

If only someone who works for Abbey could hop on and tell us what is going on!!!!

 

I am in two minds on whether to take on Abbey, I must admit the thought kinda scares me to death!!! Nevertheless, I shall continue reading the threads to get some inspiration!!!

[tigger1]

Take them on im going all the way with this,i too think they are up to something as well,there are three stages to paying out they will only pay the full amount you ask for at the final stage and that is the court stage,up until then they hope you will have bottled it,do not be scared when they offer you the goodwill gesture they have already admitted they are in the wrong then they will tell you that is it no more money to come,take it all the way shabbey are the slowest to pay up but what i've read from other forums they will pay up

[jules1973]

If only someone who works for Abbey could hop on and tell us what is going on!!!!

 

I am in two minds on whether to take on Abbey, I must admit the thought kinda scares me to death!!! Nevertheless, I shall continue reading the threads to get some inspiration!!!

 

MBK, I agree with tigger1,

 

Take them on, it is scary but there are people on this website that will. and do help you every step of the way. Its about time the banks stopped ripping people off. We can all hold our hands up to taking a small part of blame for going overdrawn, but it is easily done, it doesnt mean though that the banks can exploit this and rip us off, sending people further into debt.

 

No-one expects their debit card to be accepted at a shop if there is not enough funds to pay it, the banks knew this and still let transactions go through, as they knew they could make a lot of money for each one they honoured. They did this to us 2 months running, each time they honoured 7 transactions. they should be made to pay people back for doing it.

 

Good luck everyone, and lets hope we get our money back quickly, and hope they stop their delay tactics.

[alex_the_lad]

I wonder if anyone can help. Basically I've been caught up with some family stuff over the last couple of months and have really only got back around to taking on Abbey. Basically the situation is that I sent my S.A.R - (Subject Access Request) letter on 13thMarch and have a summary of transactions from 2001 until Dec 2003 and then individual statements from Jan 2006 to present. For that missing chunk in the middle I just have that spreadsheet summary that loads of people get. Basically should I request the statements again or can I 'get by' with the spreadsheet? If I should re-request would the following letter be okay to send?

 

I thank you for your assistance in sending details of my banking records. However I am disappointed to note that the information about my account’s history appears to be incomplete. I, therefore, respectful request that you send me a statement of transactions relating to the account for the period January 2004 to January 2006. The table listing a summary of charges levied for this period, which was sent on 17th April 2007, is not sufficient for my purposes. Further I expect that you hold more information with regard to my banking records for this period than is given in that summary table and as such I do not feel you have satisfied the

Data Protection Act 1998 Subject Access Request that I originally made on 13th March 2007.

 

 

I enclose a postal order in the amount of £10 to cover the maximum statutory fee applicable for this type of request. I antispate a prompt response in this matter and expect to receive the information in the next 40 days.

 

 

If there is specific information that you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

Yours sincerely,

Thanks in advance for any help.

[Lula]

Have you not already sent then £10? if so, you dont need to send it again, just the non compliance leter and the stuff you are looking for

[alex_the_lad]

Hi! I sent them the tenner when I sent my SAR letter, but they refunded it. So wasn't sure what to do - I figured if they wrote back to request the fee then it would just waste more time. Also is there already a non-compliance letter template floating around or do you think my letter covers it?

 

Thanks!

[alex_the_lad]

Hi! I'm in need of some advice! Sorry if I'm repeating my older posting but I need some clarification. Basically having made my request for statements on 13th March - so far I've got the print out of all transctions from Nov 2000 to Dec 2003, individual statements from Jan 06 to present ad then that spreadsheet summarising charges levied month by month that covers the period Jan 04 to Jan 06. I really want the individual statements for this period. Is there a standard No complience letter I can use and if so who is the best person to dept to sent it to?

 

Thanks in advance

[Robdblynd]

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

 

This is the template letters for non-compliance and I'd send it to Data Controllers in Milton Keynes.

[alex_the_lad]

Thanks for the advice in the previous posting, but still no statements! Basically I still haven't had my statements for Jan 04 - Jan 06(I just got a spreadsheet summary of all my charges for that period), but I have a summary of charges for the period. I really just want to get on with making a claim 'cos it already substancial - circa 5k. My question is this - should I wait for the statements or just start proceedings based on what I've had from them all ready? Also the summary table just lists the month when the charge was made not the actual date - so from a point of view of working out the interest on the spreadsheet what do I do? Do I guess a date - looking at the rest of my statements the charges are normally applied around the 22nd of every month, do i give them the benefit of the doubt and use the last date of the month or, on the basis that I made my SARS request on 13th March and they haven't supplied me with the info I'm entitled to, shall I use the first date of each month. Any advice would be valued!

[barbs26]

Hi Alex,

 

On checking statements i had, all my charges came out on the 26th each month.So check statements you have and see if there's a set date that your charges come out.

I have used the 26th on my spread sheets since that seems to be the day they take them from my account.

 

chhers Barbs.

[kev2b3]

hi there alex the lad'

few weeks ago i had the same problem. the way that i thought would be the best way around it was to use the last day of the month even though most of my charges came out on either the 13th,14th or 15th of each month.

[standingupformyself]

This is what I did..... I sent off my first letter, stating in the first paragraph that I reserved the right to amend the final figure when the rest of my statements came through, which I also pointed out was now in default and I would be following it up.. I emailed [email protected] who was quite helpful, I also phoned Abbey up and chased up the statements, they came in time for the LBA, upon which I amended the amount.

NOT that it hurried things up at all, I am now ready to take this to court, and have not had any sort of offer! However I felt happier knowing I was underway

Good luck and keep in touch

[alex_the_lad]

Thanks for the advice guys - I was starting to feel down about it all. Good luck to you guys with your claims - I'll keep a watch out for your threads to see how things are going. Best of wishes