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precious1 v Abbey


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Hello Everyone,

I am new here so please bear with me!!:)

I have got to the stage with Abbey where I have sent the SAR. In return I have had two sets of last years statements sent to me!!:confused:

I have rung them on numerous occassions and stupidly never stuck to the forty day period, as I know that they must be snowed under.

All calls made I have been courteous as I know you get more with honey than vinegar!!! But I am now approaching the 80day mark and after speaking to someone on the 8th, am no closer to getting the rest of my statements. I was told that they have no idea when i will get these.

At this point I was furious as i feel that they're taking the pee, and have now faxed as well as sending a registered hard copy stating that i will not only complain to the appropriate organisations but will also take them to court to get them to issue my statements, IF they do not comply within 7days.

My question now is (yes you've probably been asked this a 1001 times!!!) If I do have to follow through my threat do I have to do this through my local court??? and if so has anyone else had to go down this route?? Is there an easier way???

Please help

Thank you

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Check the thread that Louis wu has started as there is a discussion regarding this. (its just underneath your thread on the first page) an email I posted has been put on there which has helped a couple of people, and may help you.

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Thanks Jules,

The other thing that crossed my mind was to just jump to the next stage and estimate a ludicrous amount, which would include what I estimate that they have taken (if they won't comply then I need to estimate!!!:D ) which would include the lost intrest, cost of phone calls, Stamps, faxing docs,compensation and waste of my time!!!!

And I was thinking five figures to get their attention!!!!

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Actually with a little digging it seems that if you estimate then there's more of a chance that the case will get thrown out!!!

So if anyone can shine a light and tell me different, then i'm gonna have to sit on my ass and wait with the other mortals for Abbey to get off their arses!!!:)

Looks like I may have to lodge a complaint and take court proceedings, cos I really don't think that they are going to acknowledge my fax/letter within the 7day period, they have til Thurs 17...I have such little faith that i'm gearing myself up for combat!!!!:D

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Hi Guys,

At this point I need HELP!!!

Tomorrow is 7days and still nothing from the shabby. Can anyone tell me what my next move is??? I did threaten to take them to court as well as complain to the relevent bodies....

I have the template letter for the ombudsmen, and who/which court would be the one that i petition for the missing info OR was that just a scare tactic???

PLEASE PLEASE HELP!!!

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hi, here is a link for Data Protection Act non-compliance. As to estimating your claim i think in the end its a personal decision. i ended up having to lodge a partly estimated claim. it wasn't a problem for me because both in my prelim and lba letters, i made them aware that the claim was partly estimated and it was up to them to provide me with the info so that the amount could be corrected. they didn't send me the info till at AQ stage by that time it was nearly 5 months after i had asked for my statements. had i waited, the claim would still be ongoing.

 

Its up to you.

 

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

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Thanks bp,

At present I'm sitting on two complaints, one for the ombudsman and the other for the information commissioner. These will go out tomorrow morning, should I bother to send them?????

Should I also proceed with the county court???

I'd be very interested to know how you went about estimation, and do you have your letters in template form that i could maybe use???

I AM SO CONFUSED!!!....but I suppose that's exactly what Abbey are hoping to do...confuse people into submission!!!!

I have also noted from last year where Abbey have charged me for insufficient funds to pay direct debits...however it also shows that there blatantly were funds in the account...infact more than enough to cover the amounts....Has this happened to anyone else????

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Hi, i included this paragraph in my prelim letter under "WHAT I REQUIRE"

I presume you have some statements? you add what you currently have then divide it by the number of months this applies to then just include that average figure over the remaining number of months for which you don't have the statements (i did this from the following month after my acc was opened) the main point is to find the average figure then spread it over the period you don't have info. I hope this makes sense.

I calculate that you have taken £xxxxxx.

I enclose a schedule of the charges which I am claiming with this letter

You will note that some of the charges are estimated. This has been calculate at a monthly average of £xxx taken from the figure £xxx which represents the total calculated from current available bank statements.

If you do not agree with these calculations, then you are free to provide me with the remaining statements so that I may arrive at the correct amount owed.

 

 

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Thanks for that, I have only had 1 years worth of statements sent to me and it worked out to about £290 last year.

I really am only querying the last 3/4 years should I only cover just those OR throw caution to the wind and allow it to cover the last 6???? I know that in the first year of the 3/4, in one month alone they took about £600 in charges!!!! That year they absolutely killed me with charges, it was a case of them taking befor the DD'S could be taken out, putting me into even more debt!!!

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Thanx again bp,

but i did'nt have ANY charges til about 3/4 yrs ago!!!

This is an account that i've had since the early 90's. and it's always been in good shape til then.

My question is then, IF i decide to go down the route that you did SHOULD I (because of the extortionate amount that they took in year one) count back 290 for six years rather than the 3/4???

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i suppose you can just estimate from the date they started charging you as long as you tell them then its up to them send you the info.

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Ok...Big sigh!!!!!

Pam Speed AKA "Shabbey's decoy" has sent me (it arrived today) a partial list 2001/2 and a few from the first month of 2003, the transactions are in list form, and when i say list i mean LIST!!!!!

Obviously as I have said I have NO charges on 01/02.

But I did go and post two letters..both registered, to the information commissioner and the other to the financial ombudsman.

I was wondering if anyone had an email address for Ms Speed??? I'd love to inform her that firstly i've sent these letters and secondly she still has'nt got it right and i'm still missing crucial information!!!!

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Grrrrrrrrrr.....I wonder if she even exists!!!!!!!!

I would HATE to have my name on ANY of these banking letters/documents with reference to the bank charges!!!!

My parents pointed out to me that i am a share holder...(yes i hang my head in shame...but i was young and stooopid when I was given 100 for free then talked into buying more by my dad!!! :(

Do you guys think that it would be worth making waves by complaining AS a shareholder as well ????? maybe those here have already taken this route...if not why not????...

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  • 3 weeks later...

Hi Guys,

I know that Abbey are a bit t*ts up at the moment, but I am still in the same position whereby they STILL have'nt sent me my relevent statements.

So i'm in the process of helping family members and friends.

One friend who sent off his SAR has recently found unexplained amounts in his accounts.

He's now received a letter explaining that it's a good will gesture, however he still has'nt received any past statements that he's paid for.

Is there any template letters thanking Shabby for their "gift" and the fact that they are in breach of the data protection???

I've seen the one for the data protection breach but i was hoping for one that covers both topics!!!

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  • 1 month later...

Hi Guys it's been sometime just letting you know that at LONG last i have now recieved my statement as well as a breakdown of the charges. Granted it's taken the financial ombudsman and information commissioner to step in befor action has been taken!!

Also I have just recieved a letter from the shabby expressing their apologies for the fact that i am unhappy with the charges (which they believe is fair) and they have gone ahead and given me £295 (£2011.00 is the amount owing) as a goodwill gesture.

Check your dates on ALL correspondence as they say that the finacial ombudsman was involved with regards to my charges, the FO was infact (as was the Information Commissioner) involved with regards to their blatant breech of the Data Protection Act.

When i recieved my statements, i posted my letter to them which was dated 24th june (Sunday) and sent registered on the 25th June (monday) I then get this letter on the 9th July dated the 27th June (2 days after i posted my letter with the schedule of charges) claiming that they have thoroughly looked into my claim :confused:

Needless to say I have responded to this letter telling them that they are either illiterate or taking me for an idiot.

And I "Acknowledge" their "Goodwill Gesture" but intend to pursue my charges whether it be amicably OR in court!!!:D

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