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Have you been sent a spreadsheet in reply to sars request?


Guest louis wu
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Guest louis wu

I an aware that there are now lots of examples where Abbey are sending spreadsheets, with just charges on them, in answer to a S.A.R - (Subject Access Request)’s request.

 

At least one person has told me that there is a possible discrepancy between this spreadsheet and the actual statement, and many others have expressed a distrust of this document

 

Please post here if you have received one of those spreadsheets, and what you have done in relation to it.

 

I don’t know if this fulfils the requirements of the SAR’s request, but I think its becoming enough of an issue to merit a debate, hopefully one of our legal experts may be able to give some advice on how to proceed.

 

It would be especially helpful to know if anyone is/has challenged this with regards to non-compliance, and what Abbeys response has been.

 

Louis

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  • 2 weeks later...
Guest louis wu

There are lots of people getting these spreadsheets, and a few are concerned.

 

You could use this thread to discuss how its affecting your claim, any concerns about accuracy, and any potential non-compliance issues.

 

Its just an idea, but it may help

 

Louis

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Hi Louis, Yes, I've got one of the dreaded spreadsheet thingys! (You're about to wish you hadn't asked! :lol: ) I contacted Abbey about the lack of comprehensive info on it the other day and received back.... a nice little email from Jessica Shaw at Customer Services. Usual fob off letter from what I can gather - 'Sorry you feel the need to complain, blah, blah,etc. Give us 4 weeks to look at it for you, etc, etc.'

Er, I don't think so :rolleyes: ... Therefore will wait until the 14th (40th day) and will then be sending the next letter. Only thing that bothers me though, is that if I still don't recieve the info I need after sending non compliance letter, what do I do then :confused: ? How do I go about estimating the charges that I think may be missing? For example, say I've had 3 cleared transaction charges for July 2004, would I assume they all came out at the same time and only estimate 1 unauthorised o/d fee, or should I take a wild guess, assume they were all at different times during the month and estimate 3 unauthorised o/d fees? Any advice would be gratefully received - as always!! Dizzy :-)

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In case it helps, I got this spreadsheet in reference to my personal account SAR (Robdblynd V Abbey (Round 2)) so I rang them as said it was no use at all, didn't comply with SAR and I wanted full transactional info.

 

After a 2 minute wait, young chap came back and said all info was being requested and I'm even supposed to be getting the pre-6 years info.

 

So ring them and tell then it don't cut the mustard and you want the proper stuff. They'll do it, cos they have to.

 

HTH someone.

 

regards,

 

Tricia. :)

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HI me too had the spreadsheet but sent a letter complaining that it did not comply with what I had requested in the first place. I have since had a complete listing of my statements back to 2000. Not quite statement format so I don't know if I have been charged Un Authorised Interest charges as the listing does not give me a running balance of the account. But it has given me all my charges ! which is what i was asking for!

 

Melissa

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Guest Big Lash

Dizzy,

 

Only thing that bothers me though, is that if I still don't recieve the info I need after sending non compliance letter, what do I do then :confused:

 

You can commence a legal action to get your statements, the POC are here

 

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

 

BL

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I got a few spreadsheets as statements last year in reply to an SAR, The Information Commissioners office told me at the time that as long as they give the information, they can give it in any form, I still didnt trust it though

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks for the link BL - sorry to be a nuisance though, but I still need to know how to estimate the charges I think may be missing. I don't know if you've seen me ranting on any of the other threads, so I'll keep this brief. Over 2 years I have been charged £340.00 for cleared transactions yet nothing at all for unauthorised o/d fees. I've got some months with £80.00 charges (presumably 4 x £20.00), but no exact dates. Therefore do I estimate the 4 charges as 4 seperate unauthorised o/d fees @ £15.00 each or just one fee and assume they all happened together :confused: ? I don't wish to sound greedy, but I resent letting them off with any of my money. I may well be completely wrong and their spreadsheet correct, but I find it hard to believe that for 2 years I never had o/d charges if them clearing my transactions put me overdrawn anyway. Am I making any sense? Thanks, Dizzy :)

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Whenever I've had unauthorised o/d, they've only charged once, that was £15.

 

From the t & c's it says one charge per month in any month in which you have an unauthorised o/d.

 

Have you told them that the info is not what you requested and you want either statements or photocopies of the microfiche showing ALL transactions, not just the charges? What they've sent does not fulfill a properly worded SAR request. That's what I told them and it seems to be working, I'll know for sure in another 14 or so days.

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Yes, I have written back and requested exactly that, and also voiced my concerns over the accuracy of the spreadsheet. I have 8 months to query on my spreadsheet for no o/d charges (assuming they have made an error, of course!) - that's over £100 missing :eek: ! I'll be keeping a close eye on your thread to see what you receive back from them! :)

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Guest louis wu

Here is a copy of an email composed by jules to Abbey

 

Dear Sir/Madam,(Pam Speed)

Regarding your ref:grin:

Account number :-

As stated in my letter to you on xxxxxxxI require outstanding information that you have failed to send to me under the Data Protection Act 1998.Your 40 day deadline under the Act expired on xxxxxxx, and despite a phone call today xxxxxx you have failed to send or inform me of when I can expect this information.(optional).

 

I appreciate that your department is busy due to the influx of recent claims, however you have a duty under the Data Protection Act 1998 to comply within the 40 days stipulated, and you have not done this, and seem to have no intention of sending me the remaining information.

 

As per the Data Protection Act 1998 (Part II Rights of Data Subjects and Others), Section 7 ( states "a data controller shall comply with a request under this section promptly and in any event before the end of the prescribed period beginning with the relevant day"

 

Section 7(9) states "If a court is satisfied on the application of any person who has made a request under the foregoing provisions of this section that the data controller in question has failed to comply with the request in contravention of those provisions, the court may order him to comply with the request"

 

Section 7(10) states

 

 

 

"prescribed" means prescribed by the Secretary of State by regulations;

"the prescribed maximum" means such amount as may be prescribed;

"the prescribed period" means forty days or such other period as may be prescribed;

"the relevant day", in relation to a request under this section, means the day on which the data controller receives the request

 

 

 

 

Therefore, I am emailing you out of courtesy to inform you that a complaint form and a copy of all correspondance is being sent in tomorrows post to both the Information Commissioner and the Financial Ombudsman Service.

Yours faithfully

xxxxxxxx

 

 

This has been used by a couple of members, and they have had positive replys, microfiche has been sent.

 

It may be worth giving this a try

 

Louis

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Guest louis wu

np, I think it jules that deserves the thanks;)

 

I hope it works for you, let us know the response

 

Good luck

 

Louis

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Oh sorry, (how rude! :wink: ) Many thanks Jules !!:-D Yeah, will do!

 

 

No thanks needed dizzy delilah, let us know how you get on, hope it works for you too.

 

Regards

Julie x:)

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I personally would'nt settle for any spreadsheet, because Abbey has sent me statements for the last year and I have found instances where they have charged me for insufficient funds in the account to cover bills and it blatantly shows where there were funds that they took the money to cover them then recredited the account saying that there were insufficient funds in the account!!!....then charged me the following month £110 for going overdrawn!!!:mad:

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