Rogue Vs Abbey

[powerful_rogue]

Currently claiming with Barclays, awaiting statements from Capital One and still awaiting statements from the Abbey.

 

DPA request was sent off on the 5th May. Over the last few days I have received statements going back until Feb 2005.

 

Why they have to send these in seperate envelops is beyond me!

 

Amongst the batch was four of the same statements March 06 to April 06, and a few months missing.

 

Gave Abbey a call and was told that the £10 DPA cheque has not bee received as its not shown as cashed on their system. When asked why they have sent me some statements out if the cheque had not been received I was asked to go on hold...Low and behold "The other caller has cleared the line"

 

Just about to call back to see what is going on!

[powerful_rogue]

This is becoming some sort of joke! Just spoken to Abbey again, was advised that the other 5 years worth of statements will be with me in the next 3 to 4 weeks.

 

Explained that this request was under the DPA and they have 14 days left to comply. The call operator did not seem to understand this, once again I was asked to go on hold..."The other caller has cleared the line"

 

I think one more attempt is in order, and I will NOT be going on hold this time!

 

Just spoke to someone with slightly more sense at the Abbey! As the statements were ordered via past to the address in Milton Keynes, then it wont appear on their system. They only hold the last 12 months, the rest have to be pulled off, so they will take slightly longer.

 

Well as long as they arrive in the next 16 days!

 

Will keep you all posted.

[powerful_rogue]

Interesting letter received from the Abbey. Dont know if anyone else has received it, so I have posted it.

 

Dear Mr Rogue,

 

Thank you for your letter dated 05/05/2006 which we received on 08/05/2006, requesting information on your bank account. I also acknowledge receipt of your £10 fee.

 

I would like to advise you that under a Data Protection Act Request, you will only receive transactions that are currently on our systems. Any earlier transactions have been archived onto microfiche, whcih is not covered by the Data Protection Act. These archived transactions will not therefore be supplied to you under a Data Protection Act Request.

 

We can however supply details of the transactions held on the microfiche on payment of an administration fee. The fee is as follows:

£5.00 for 1 monthly statement that has been archived

£10.00 for multiple monthly statements that have been archived.

 

It is clear from your request that you require the transactional information that is held on the microfiche records. In order to avoid any additional delays, we will therefore use the £10 that you have sent with your Data Protection Act Request. as payment for the microfiche records that you need. These will be forwarded to you shortly. If you do not want us to do this, please call us on the above number.

 

Any transactional information that is held on our systems and has not yet been archived, will be forwarded to you free of charge, under seperate cover.

 

You have also asked for details of any 'manual interventions' that may have been made on your account and I am sorry that we are unable to help with this request.

 

I can explain that we consider 'manual intervention' to mean an action that is not automatic or computer-driven. Not all manual interventions are recorded, for example if a member of staff looks at a paper document relating to your account, a record is not always required. Similarly some interventions may relate to work carried out by a department rather then individuals where no central record of activity is kept because this is not the kind of information we need, or more importantly, that a customer would usually request.

 

If you have any questions please call us on the above number.

 

Yours sincerly

 

Pam Speed

Buisness Manager

Banking Servicing

 

 

A few questions,

 

I thought anything that is filed, but easily accessed is covered under the data protection act, so if the Abbey can charge for items that are stored on microfiche, then they must be able to access this easily, thus covered under the DPA.

 

Am I right in thinking that the Abbey are no longer treating my request as a DPA request?

 

I find the section they wrote about manual intervention quite interesting espcially "some interventions may relate to work carried out by a department rather then individuals where no central record of activity is kept because this is not the kind of information we need, or more importantly, that a customer would usually request." So another dept can work on my account, and they wont make a note of it on the basis that customers dont usually request to see this!

 

About 2 years ago, my bank card was cloned and £500 taken from my account. This would have involved reocrds and information being recorded at their end on the system when I contacted them. Why have they not sent any of this to me as I would class that as a manual intervention.

 

Is this the stage where I now send off the letter at the top of the forum in relation to this being a DPA request and they now only have so many days to reply?

 

Any advice at this stage greatly appreciated.

[Jane Austen]

It's their standard fob off letter slightly re-worded. Stick to your timetable and when the 40 days is up report them to the IC and send your LBA. You need to make sure they know you mean business.

 

Good Luck

[superlucky]

i have just recieved exactly the same letter above concerning my DPA to Abbey..... can anyone help me find the microfiche template letter .... ive done a search but i have no idea what to do next

[Jane Austen]

Non compliance of DPA templates are in the bank templates library under

Data Protection Act - Non-Compliance - Template Letters. Written by alanfromderby.

 

The microfiche argument is irrelevnt. Just send the letter telling them they are not complying. They should have had plenty of these by now.

[old git]

i got the same, has anyone any idea of this pam speeds abbey address??

 

would it be regulatory compliance, grafton gate, mk

 

cheers

[powerful_rogue]

i got the same, has anyone any idea of this pam speeds abbey address??

 

would it be regulatory compliance, grafton gate, mk

 

cheers

 

My letter from Pam Speed came from

 

Abbey

PO Boc 1109

Bradford

BD1 5ZJ

[superlucky]

Thats the same address thats on my letter from pam speed, interesting that she gives the standard 0845 654321 abbey phone number for any questions you may have !

 

 

She has my microfiche template letter on her desk this moring i would think !

Bring it on abbey you (edit) little gits !

 

Moderated : for the protection of the site please do not post comments that may be viewed as libellous .

[powerful_rogue]

Thats the same address thats on my letter from pam speed, interesting that she gives the standard 0845 654321 abbey phone number for any questions you may have !

 

 

She has my microfiche template letter on her desk this moring i would think !

Bring it on abbey you (edit) little gits !

Looks like were both in the same boat. Mine was delivered this morning as well.

[powerful_rogue]

Well I sent the letter to Abbey regarding the microfiche argument

 

Dear Mr Rogue

 

Unfortunately, we are unable to supply a list of charges applied to your account for the last six years because we do not store this information separately from other transactional data. We can only supply a list of the transactions on your account, which will include details of any charges applied.

 

I would like to advise you that under a data protection act request, you will only receive the transactions that are currently held on our systems. These have been forwarded to you within 40 days, free of charge. Any earlier transactions have been archived onto microfiche, which is not covered by the data protection act. These archived transactions will not therefore be supplied to you under a data protection act request and will not be subject to the 40 day ruling.

 

The additional information you have requested does take a little longer to provide but I can assure you that we will send the archived information to you as soon as possible.

 

I trust that this information has helped to clarify the situation. If you have any further questions, please call us on the above number.

 

Yours sincerly

 

Pam Speed

 

What action do I now need to take to get my statements! DPA request sent, Microfice argument sent....whats the next step?

[superlucky]

I have exactly the same letter as you in front of me here,

 

im thinking maybe we should give them the extra time they are asking for and wait for the microfiche statememnts to turn up,

 

we could submit a LBA based on an estimated charges, and ammend the claim if/when abbey send the rest of the statements. or we could try to force them to disclose the info in court (i think this would take longer than they are asking for?)

 

Personally i was going to give them another month to supply the details and then if not i was going to submit a big estimate of my claims, they cant say i didnt ask them for the full breakdown !

 

I would be interested to know what you are planning on doing, like you say it seems that we are both at the same stage in our claims with shabbey irrational.

[powerful_rogue]

I have exactly the same letter as you in front of me here,

 

im thinking maybe we should give them the extra time they are asking for and wait for the microfiche statememnts to turn up,

 

we could submit a LBA based on an estimated charges, and ammend the claim if/when abbey send the rest of the statements. or we could try to force them to disclose the info in court (i think this would take longer than they are asking for?)

 

Personally i was going to give them another month to supply the details and then if not i was going to submit a big estimate of my claims, they cant say i didnt ask them for the full breakdown !

 

I would be interested to know what you are planning on doing, like you say it seems that we are both at the same stage in our claims with shabbey irrational.

 

Superlucky,

 

Its nice to know that theres someone else in exactly the same position as me! (not nice for you, but you get the jist!)

 

Im not sure what to do. I have no idea on how much the charges would add up to, so would not want to put an estimate in.

 

So that only leaves the options of waiting or getting them to disclose the information in court.

 

At the moment im probably in the position where I'll wait for the statements to arrive, but im still annoyed that they are willing to give me the information held on micrfiche for £10, but are not willing to treat it as a DPA.

[powerful_rogue]

Well im still waiting for my statements, so decided to give Abbey a call. That saynoto087o site is amazing! Found a 0800 number that took me straight through without holding!

 

Well spoke to the first male that wasnt very helpful, he put me on hold and the line cleared. (very crafty trick that the abbey do when things are getting rough for them!)

 

Phoned back and spoke to a second male. Fair play to him, he took all I gave to him. He kept giving me wrong dates about letters etc etc. In the end he siad he would send an immediate request off to the department so my statements will take priority. He stated that they will be posted tomorrow to me. He also stated that the dept will give me a callback tomorrow to inform me they have done this and he took two numbers from me.

 

I asked him to mark up clearly on his screen the details of this converstaion and that he promised the statements would be sent tomorrow.

 

I said if I dont get a callback tomorrow and if the statements dont arrive by Friday then I will be straight back on the phone wanting answers.

 

Now lets just wait and see.........

[powerful_rogue]

Ok, Just to give you an update. Since my last post I have phoned Abbey numerous times chasing up my statements, each time being palmed off with a different story.

 

I phoned on the 20th July and was informed they would be with me by the 26th July. Its the 1st August and still nothing so I phoned up customer services and gave a piece of my mind.

 

As they couldnt palm me off with rubbish anymore I was given the direct number for the archive department to contact.

 

Contacted the Archive department who informed me that I was sent a letter on the 12th July asking for the £10 fee!!

 

I explained that I sent the £10 fee on the 5th May. I was told that this was for a SAR and dosent cover the cost of statements/

 

Well lucky for me I had the letter from Pam Speed in front of me dated 24 May stating that my £10 SAR fee had been forwared to the archive department to cover the cost of the statements. However, they couldnt find this letter on their system.

 

Was told someone would look into it and get back in touch within 10 days. Isaid that wasnt good enough, that I would email them a copy of the letter and expect it to be sorted out sooner.

 

Are these people jokers or what!

[powerful_rogue]

try giving sheena small a call.... she'll probably still fob you off but she's a little bit more likely to get some action than the call centre bods. her number is on here somewhere.

when you got the 24 may letter from pammy did you reply saying no dont I want my info under the Data Protection Act or did you just leave it ?

 

I just left it afterwards. I have made so many calls chasing these statements up that its getting beyond a joke!

Will leave it a couple of hours and then contact customer services to check they have got the email.

[powerful_rogue]

Just chased the Abbey up again. They contacted the archive department and they have received my email.

 

Will have my statements in the next 5-7 days.

 

Fingers crossed!

[powerful_rogue]

Well I got my statements through today from the Abbey!

 

After waiting three months, the grand total of my charges is £47!

 

Letter asking for it back will be sent shortly!

[Lula]

Why not try ringing them and asking for the money back? for that amount it might just work