rachsedman -v- abbey

[rachsedman]

Hi everyone,

 

I've submitted my court bundle to abbey and the courts (court date june 28th) so I'm sitting with fingers crossed waiting to hear from them! (thank you everyone who helped me with that!)

 

I have a question though, if this claim is successful, can I repeat the process for another bank account that I used to have with Abbey? The account was closed about 5 years ago, so I'm not sure that that I will be able to, but this account had LOADS of charges applied to it...

 

Thanks

Rachel

[Robdblynd]

No reason why not Rachel, other people have claimed on closed accounts and been successful. After all, it was your money and they took it unlawfully, so go get 'em.

 

If you've not got statements back to then, do the usual SAR request and don't let them tell you they don't have the info, they do, it's archived and in storage back to 1925.

 

Good luck and keep us posted. Be nice to see them having to pay out again.

 

Are you in Leeds on 28th June cos court told us we're listed there on that day but haven't got the letter yet?

[Guest louis wu]

I'm onto my 3rd claim against Abbey, all current accounts, so ye you can:).

 

The only problem with the old account is getting the statements/microfiche, as they only have to keep the info for 6 years (yes there is old info, but you would have to prove they have yours, and I don't know how you'd do that), but otherwise its just a normal claim.

 

Good luck

 

Louis

[rachsedman]

Are you in Leeds on 28th June cos court told us we're listed there on that day but haven't got the letter yet?

 

 

thanks for replying Robdblynd and Louis, I think Abbey shall be hearing from me again very soon......

 

I'm not in leeds unfortunately, it's north shields for us! Best of luck!

Rachel

[rachsedman]

more questions....

 

I have no statements from the closed abbey account or any other information, is there any way you can think of that I can find out the account number?

 

also, I had a business account with abbey for a VERY short period of time (they were bloomin useless!) can I reclaim charges that account too...?

 

thanks

Rachel

[Guest louis wu]

I have no statements from the closed abbey account or any other information, is there any way you can think of that I can find out the account number?

 

How long ago is old? You can either write to them, or go into your local branch and ask

 

 

also, I had a business account with abbey for a VERY short period of time (they were bloomin useless!) can I reclaim charges that account too...?

 

Yes

 

 

Louis

[rachsedman]

thank you again louis!

x

[cillahen]

:? just opened a letter from abbey offering me 1000.00 of my 4000.00 and that this is classed as a good will gesture, my account will be updated in 10 working days. not sure were to go from here. am worried if dont take the 1000.00 i will end up with nothing. what to do??????:-?

[Guest louis wu]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

send one of these

[cillahen]

thanks for letters will have read and send 1 off to abbey on monday. do you know how i go about taken them to court and were is best place to get letter from to fill in to send to court.

[rachsedman]

Right,

 

I've managed to find the account number for my old abbey account, but it means reclaiming charges that go back further than 6 years.However, I have no statements, I don't know when the account was opened (possibly 1999) and I don't know when the account was closed.

 

question 1: how do I word my SAR to get all my statements/information to stop them using delaying tactics, as I'm led to believe that abbey hold information dating back to 1926

 

question 2: I don't really understand the Limitation Act and how it doesn't really apply anymore... can anyone explain it in (very) simple terms for me...

 

thanks again!

Rachel

[Guest louis wu]

Hi Rachel

 

question 1: how do I word my S.A.R - (Subject Access Request) to get all my statements/information to stop them using delaying tactics, as I'm led to believe that abbey hold information dating back to 1926

 

I would (and have:)) just use the standard sars letter. There is evidence that info is kept back to the 1920's, but it's not guaranteed that Abbey will admit to having your statements going back into the 1990's. It's just a case of trying it and seeing what happens I'm afraid.

 

 

question 2: I don't really understand the Limitation Act and how it doesn't really apply anymore... can anyone explain it in (very) simple terms for me...

 

Very simply, because they knew that what they were doing was wrong, then the statute of limitations doesn't count.

 

Good luck

 

Louis

[rachsedman]

Louis, you are fantastic - thank you!

Rachel

[Robdblynd]

Rachel, in your SAR for the old account, I'd put in wording to the effect that if they say they don't hold info older than 6 years then you need to see certificates of destuction or an affidavit sworn by a senior member of the Abbey Board that swears that your info was destroyed, they need to provide info on how it was destroyed as well.

 

Might as well make them aware you know your rights, just in case they decide to say they haven't got it, when in fact they keep archeves in storage with info back to 1925.

[Guest louis wu]

Might as well make them aware you know your rights, just in case they decide to say they haven't got it, when in fact they keep archeves in storage with info back to 1925

 

Not that I'm trying to disagree, but are you sure that they have the info? I know its been shown that thy have certain info dating back that long, but can we assume they have all customer records? Its my belief that if they hadn't already done so, that their would have been a 'mass destruction' of old records about a year ago.

 

I am in the same position as OP, and would love to have proof that they have my details, but have my doubts.

 

Louis

[Robdblynd]

If you've SAR'd they are, by law, compelled to provide all the info they have.

 

If they have destroyed it they have to provide proof.

 

It would look mighty suspicious if they did a mass destruction just at the point that bank charges reclaiming reared it's head and the ICO might take a dim view of that.

 

I'd push on the SAR and demand either the info or the certificates of destruction. It's your right to have one or the other. If they send certificates of destruction I'd look at the dates VERY carefully.

[rachsedman]

Hi everyone,

 

just to let you know that Abbey have paid up in full! £1360!!!

 

Thank you so much to everyone who has helped me out through the process and helped me keep my nerve!

 

Once I get the money in my hand I shall be making my donation!

Thanks again!

Rachel

x

[noobrider]

great stuff, another proving that Lloyds didn't make a difference.