Bank charges refunded

[candles47]

Hi Murphy thanks for your post. Like yourself i have heard nothing from ICO (strange). Am still wading through pages upon pages of transactions but am near the end now. My total is probably in the region of 5grand. I got a letter back from abbey re. the 1,100 put in to my account, they say they are sorry i did not accept it and also i intend going to the county court, they ramble on about how their charges are fair (the same as before). They make you feel as if your going around in circles and to top it of ive noticed every correspondence from Abbey has never been dealt with by the same person or coming from the same address. I reckon they dont know what the right hand is doing from the left. How are you getting on.

[candles47]

Hello all; am still wading through my microfiche documents adding charges as i go along, Abbey did not remove the GOGW from my account despite a letter from me requesting they do so. They did acknowledge their disappointment that i wasnt accepting their GOGW but as yet have failed to remove it from my account. So despite the account being closed since mid Aug and a letter from them terminating all DDs am still getting charges. Once i get my act together ill send in a new schedule of charges plus a request for a refund. If no joy then COURT. I am now at the end of my tether with them.

[candles47]

RESPONSE FROM ICO

"Abbey informed us that they are providing the automated 'transactional' data to their customers within the statutory 40 days permitted under the subject access provisions of the Act. Abbey believed that their microfiche system (where all transactional data is stored after 18 mths) was not caught by the Act. This meant that many customers only received 18 mths of account statements in response to their SAR within 40 days. We understand that Abbey were are are continuing to provide information held in their microfiche system but that because of the volume of requests involved this has often been outside of the statutory 40 days.

 

Following a court of appeal ruling (Durant v FSA 2003) the ICO revised his view as to what constituted a 'relevant filing system' The Commissioner's interpretation of the Court of Appeal judgement was that unless a manual filing system was considered 'highly structured' it would not fall within the scope of the Act.

 

We recognise that the definition of a relevant filing system can be construed differently. We have been reviewing our guidance on personal data and the proper interpretation of a relevant filing system for some time. In the next couple of months it is likely that we will be publishing revised guidance in this area which is likely to represent a significant move from our earlier view that most manual filing systems are not caught by the Act. This however has not been driven by the bank charges issue.

 

With the intention of reaching a swift and clear resolution to the matter we wrote to Abbey for a full description of their microfiche system. We were not convinced that their system fell outside the scope of the Act and so with Abbey's cooperation a small team went to inspect and review their microfiche system in operation.

 

The Commissioner is mindful that Abbey are responding to requests for micro data albeit outside the stat 40 days. We also note that they are now charging a nomial 10 fee per request instead of 10 per account.

 

It is our view that Abbey micro are stored within a relevant filing system and that it is likely that they have contravened the 6th principle of the Act, which is concerned with the rights of individuals, including subject access.

 

If necessary it would be for the Information Tribunal and ultimately the Courts to determine which if either interpretation is correct. We accept that Abbey may have a different interpretation of a relevant filing system. We also recognise that Abbey may well plausibly argue that their interpretation is consistent with our current guidelines.'

 

Sorry the length of this, picked out the important bits letter 3 pages long.

[murphy55]

Hi Candles.

 

I have got the same letter today, Basically saying '' Take them to Court and Let the Courts sort it out ''. The letter admits they are breaking the LAW by not supplying the information. They also said that they will be in touch with Abbey?....

 

Take Care.... :p

[murphy55]

Hi Candles

 

Where are you?. Hows it going?....

 

Murphy

[candles47]

Hi Murphy55 AM BACK - broke my computer only got it back yesterday.

 

Have you still not got your statements???

 

Well my latest is ABBEY referred me to a Debt Collection Agency who have been pestering me, only problem was i couldnt get hold of my Solicitor until today so i am meeting up with him to start proceedings on 9 February.

 

I contacted the Debt collection agency and informed them accordingly that my account was in dispute, they were fine and intend sending the information back to Abbey. AND guesss what they have yet to take the GOGW out of my account ie 1,100.00. So now that i am up and running again i promise to keep in touch. By the way my solicitor tells me that this site has advised me correctly 100%. Take care for now.

[candles47]

Been to see Solicitor with paperwork all in hand. He says it all appears in order and that my case was strong. However he is of the opinion that should i loose i will be shelling out thousands (of which i havent got) so it is his intention to write to Abbey to see if the matter can be resolved outside of the courts.

[candles47]

Solicitor wrote to Abbey on 11th February todate no response. As they had forwarded my details to a Debt Collection Agency, i was able to sort out that myself. The Debt Collection Agency, returned documents to ABBEY. However Abbey has brought in a new Debt Collection Agency who have been in contact with me, seeking the return of £425, solicitor wrote to them.

[candles47]

CATCH UP: Solicitor has received no response from Abbey and has now since Friday past assigned a Barrister to pursue my case through the High Court in Belfast. However i received a news letter today from CAG and was reading about a judgement made in Sept 06 and am somewhat confused. Can anyone advise me please as it appears to state that cases should be referred to UK mainland pref with someone i know, whose address i can use etc etc. Thanks

[candles47]

it seems ages since i was on here last. Nothing happened thats why. The good news is that my solicitor sought a decree and apparentely it has been accepted by the High Court and am just waiting now for a date. So i shall follow up again when i hear anything. Kind regards to all.

[murphy55]

Hi Candles

 

Good Luck, It HAS been ages....lol. This is the first time I have been able to get onto the site in 8 months, Because you have posted on it - it automatically sends me an email with a link, this allowed me to log on again?????. Not sure what happened.

 

I was furious I was a week away from my Court date when they decided to put a hold on everything.... And I have not heard anything since....Are we supposed to be just waiting for this High Court Hearing? I have not followed it up - Not sure what we are supposed to do?

 

Speak to you soon....

[candles47]

hi Murphy thanks for your message, i did wonder what had happened to you. Well after this long length of time i was up in Laganside Court No 4 on 1st April. It was in the County Court. The Judge granted an order against abbey but could not pay out any damages because of what is happening with the test case. The bad news is the Judge advised that the banks will no doubt appeal this and go through all the courts and it could take 3-4 yrs. Dismayed???????????? Am also lighter in the pocket having paid around 700quid up front for Sols fees. To top it all Abbey has forwarded my details to another debt collection agency this is the 3rd in total. My solicitor has responded to this crowd several times and they have choose to ignore his letters, they are threatening all sorts and i even got a letter today. Solicitor advised to ignore them and call the police if they come near my door or home. I hope you are keeping well kind regards

[candles47]

hi Murphy thanks for your message, i did wonder what had happened to you. Well after this long length of time i was up in Laganside Court No 4 on 1st April. It was in the County Court. The Judge granted an order against abbey but could not pay out any damages because of what is happening with the test case. The bad news is the Judge advised that the banks will no doubt appeal this and go through all the courts and it could take 3-4 yrs. Dismayed???????????? Am also lighter in the pocket having paid around 700quid up front for Sols fees. To top it all Abbey has forwarded my details to another debt collection agency this is the 3rd in total. My solicitor has responded to this crowd several times and they have choose to ignore his letters, they are threatening all sorts and i even got a letter today. Solicitor advised to ignore them and call the police if they come near my door or home. I hope you are keeping well kind regards

[breeze1996]

I just spoke to Abbey about something else, and the person said hang on you have some bank charges i can delete those, he has knocked £60 Off and any other charges due, now that seems funny where before it was always we can't do that. Wonder if it means anything or he was just being nice.