Kerrie Vs. Abbey 2 (1993)

[Kerrie78]

Hi Guys.

Having just settled my first claim with Abbey for November 2000 - 2006 I have just found a thread where people are now claiming back further.

I hadn't heard about this when I started my first claim last July.

I've read that I can send another SAR because over a month has passed since they complied with the first one.

 

How more difficult is it to claim entirely of charges pre 6yr limit.

I have read about the limitations act etc but most people I've spotted have claims made up of charges incurred before AND during the 6 years whereas mine would now all be before 2000. Would I have any chance or is it too late to recoup any more from them.

[Jacqueline07]

Hi Kerrie - I'm on my second claim with abbey and all of these charges are pre-2000. Abbey have completely ignored my prelim and lba so will be filing my n1 next week. This will also include removal of the default (which I forgot to do last time;) ). Lula has a 3rd claim going as well for pre 2000 although I believe that she has had difficulty getting the statements. I didn't need to do an SAR as I'm a hoarder and kept all of my statements. We can hold hands . Good Luck

 

Jackie

[Robdblynd]

I don't think you need to SAR again if in your first one you asked for ALL information on your account and didn't specify dates.

 

Under the terms of the DPA you are entitled to ALL info they have about you, including all correspondence, phone calls (if recorded) etc as well as transactional info, and info on manaul intervention, if any, going back to when you opened the account. And don't let them tell you they don't have anything beyond 6 years, their records may be archived but they go back to 1925.

 

Go get 'em folks!!!

[Kerrie78]

Hi Rob.

On my first SAR I am fairly sure that I did specify that I only wanted from Novemeber 2000. This was because at the time I wasn't aware that you could go back further.

 

However, me being me, I did just realise:rolleyes: that I sent another SAR dated 28th December 2006 asking for information held since my account was opened in 1993. I received a letter back (which I have now got infront of me) and it stated that they cannot go back further than 2001 as any transactional data before this date has been deleted.

I also recall posting around January 07 time with this info and one of the site helpers was keen to see the papers but I have no access to a scanner so i couldn't forward it.

 

Do I now send a non compliance letter, or should I just write to Abbey again saying that I am aware that they do hold the data and if it has indeed been deleted can i see some form of proof?

 

Please advise.

[Lula]

Kerrie, send a non compliance letter stating that if they have deleted any information that you are entitled to certificates of destruction, when they dont comply, fill out a complaint for with the information commissioner, there is a person on here that received statements from 1996 , only last year, so I do beleive that this is a new tactic, please keep us informed.

[Kerrie78]

Will do.

 

Thanks Lula.

[Kerrie78]

Does this sound okay. You can tell me if it's rubbish!

 

My Address

 

Data Protection Manager

Data Protection Team

Regulatory Compliance

Abbey House

201 Graftons Gate East

Milton Keynes

MK9 1AN

 

23rd April 2007.

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxx.

On December 28th 2006 I sent a Subject Access Request to yourselves for information on my account. It stated:

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for the period from February 1993 up to May 2000 will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

On January 19th 2007 I received a response signed by Pam Speed which stated:

Unfortunately, we are unable to provide any information on your account prior to 2001 as any transactional data before this date has been deleted.

Abbey are only legally obliged to provide transactional data for the last six years. Anything in excess of this period has been destroyed.

Since receiving the letter I have since discovered that if my data has been deleted then I would be entitled to see a certificate of destruction regarding the records. I would also ask for you to inform me of when they were destroyed.

You can forward the statements or the certificate of destruction to me at the above address, I will grant you 14 days from the date of this letter to do so before I seek a court order obliging you to do so.

 

Yours sincerely

Mrs K

[Robdblynd]

Just a thought Knelly. In the last para of your letter why not put certificate of deletion/destruction then you've covered both her statements in the letter she sent you. First she said deleted and then destroyed so I would mention both.

 

Just my opinion but you know how slippery they are!!

[Kerrie78]

letter adjusted and in post this morning, lets see how that goes down!

[Kerrie78]

Hi guys. Just an update.

I sent my letter asking for the certificate of destruction etc, but all I have had in response is a set of statements for January 2006 to May 2006!! I can't believe this. This is the third time they have sent me this particular bunch of statements now, and they know full well that I am asking for statements only for 1993 - 2000.

What do I do now, as I cannot possibly even begin to estimate a claim for that period.

[itsamomentintime]

hi again kerrie

 

its been 3 months since my request for my statements from 1993 to 2000

 

recieved nothing at all, not even an acknowledgement letter

 

just sent a letter asking for compliance or else i will get a court order

 

maybe my records have been destroyed an all!!!

[Kerrie78]

Long time no see! I haven't been on here at all lately. The last time i asked for advice was at the end of April when i sent the 1993-00 letter out to Abbey.

I too have received nothing from them. Is there a template to use to force them into sending. Would it be the letter to the IC??

 

Also, re my wasted costs order. The court received that on May 4th but I haven't heard from them yet either. I sent a letter advising them of settlement but applying for the wasted costs at the same time. My hearing date was set for une 7th so I was hoping to at least have had a 'we have cancelled your hearing slot' letter from them!

[itsamomentintime]

i just sent this, but believe me its not an empty threat:

 

Dear sir/madam

I wrote to you via recorded delivery on 20th February 2007 requesting a complete list of transactions and charges relating to my account from 13/09/1993 to 30/06/2000. Despite you having had three months to comply, I have still not received my statements.

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

Regards

 

itsamomentintime

[andypal]

itsamomentintime!!! Give a moment in time. You will get your statements, I think that they have been inaundated with request for statements and more. Don't give up, don't give in!!

[itsamomentintime]

court action rules!!!