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Nothing to lose other than what I've ALREADY lost!


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looks fine - those odd printouts are they labelled contract staff ? YES!!!!!

 

regardless - yes I think you should send the Data Protection Act non compliance letter before action tomorrow - seems to be the only thing abbey understand.

Thanks Karnevil, Im just alittle confused with when to send the DPA non compliance letter AND the preliminary approach letter??? The DPA non compliance seems to be the next stage BUT some people appear to be sending them at the same time... yet the preliminary approach letter states that if no response within 14 days the LBA will follow??? Need guidance please... really dont want to get it wrong! Will lose all my confidence if I mess this up and post in wrong order.

Deb:p

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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This is exactly the same stage I am at with Abbey.... Good luck Deb!

Deb!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Thanks Debx

 

and... Karnevil - yes it does :confused: :confused: :confused: .....kind of :)

One step at a time ay.

 

Ive had another read of the template letters and I need someone to explain what point 2 in the LBA Non Compliance letter means exactly please....

 

2) You have provided no notes, or documents relating to any legal action between you and myself.

 

Dont know if this applies to me or not???? Do I leave it in or take it out???? I quite simply dont understand what it means :confused:

 

Please advise...

 

Thanking you

Deb

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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I think you will know if they have sent you those. if they haven't sent statements, then there will be no 'supporting documents', I would think. It would apply to emails, faxes, telephone conversations etc. I'd leave it in.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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  • 4 months later...

Hi All,

 

Please don't shun me... Ive been away from this site for quite some time!

 

I lost my fight!... not just to Abbey but in many aspects of my life.

 

I feel both ashamed and embarrassed.

 

Could you please help me get back on track to continue my fight with Abbey (if its not too late!).

 

Deb

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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Hi faireydust and welcome back, dont be embarrassed, things go tits up for everyone, the important thing is that you bounce back, learn something and move on, so, where are we up to, did you get all of your statements? if not then send them the Data Protection Act non compliance letter - if you did get them then fill out the spreadsheet, the link is in my signature and then you can send that (minus the interest) with your prelim letter, welcome back and good luck

 

I forgot to add that since you last posting the Information Commissioner has ruled that the microfiche statements held by shAbbey fo form part of a relevant filing system, and as such, the 40 day rule is applicable :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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As Lula says, dont worry people are here to help.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Lula and Glenn...

 

thank you both for your words of encouragement, it is very much appreciated.

 

If Im honest, I have read through other threads tonight and most of what Im reading is going straight over my head!!! Im afraid that I don't understand... which possibly added to my lack of confidence to proceed before!

 

I only received two months worth of statements!!

 

The last letter I sent to Abbey was:-

 

Pam Speed

Regulatory Compliance

Abbey National plc

Abbey House

201 Grafton Gate East

Milton Keynes

MK9 1AN

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Friday 21 July 2006

Dear Ms Speed,

 

Your ref: xxxxxxxxxxxxx

Account: xxxxxxxxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated Wednesday 7 June 2006. The disclosure of personal data is incomplete in that at least the following documents are missing:

 

1) You have failed to provide a complete list of transactions and charges.

All statements for the period covering 07 June 2000 to 30 January 2005 have not been received to date.

2) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

Please note this letter has been sent by ‘next day special delivery’ and is therefore guaranteed by Royal Mail to be received by Abbey by 1pm on Saturday 22 July 2006.

 

Yours faithfully,

 

Do I need to send this again because of the time lapsed??

 

Deb

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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Pam Speed

Regulatory Compliance

Abbey National plc

Abbey House

201 Grafton Gate East

Milton Keynes

MK9 1AN

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

XXXXXX

 

Dear Ms Speed,

 

Your ref: xxxxxxxxxxxxx

Account: xxxxxxxxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated Wednesday 7 June 2006. The disclosure of personal data is incomplete in that at least the following documents are missing:

 

1) You have failed to provide a complete list of transactions and charges.

All statements for the period covering 07 June 2000 to 30 January 2005 have not been received to date.

2) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998. I also have noted that the Information Commissioner has ruled that you microfiche system is a "relevant" filing system and therefore falls under the remit of the Data Protection Act.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Please note this letter has been sent by ‘next day special delivery’ and is therefore guaranteed by Royal Mail to be received by Abbey by 1pm onXXXXXXX.

 

Yours faithfully,

 

 

 

I have amended it slightly, to reflect recent changes, while you are waiting, go and do some reading to refresh your memory, the more you read, the more you will understand, and I have to admit that when i started all this, it was bloomin confusing for me too

 

Take care

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thank you very much Lula... all printed off ready to post by 'next day special delivery' in the morning.

 

And I am reading, and will continue to read, so as to try to understand... and I DO understand UNTIL we get to this bit!!! And then as soon as there is any mention of courts... its all jargon and I go into panic mode.

You all talk like a load of solicitors!!!... and I'm just little ol' me.

 

I am very grateful for your guidance x

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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good luck Fairydust

the Abbey are a bunch of tough b***ers to tackle but hold on in there, we'll get there, i need to send the non-compliance letter to Abbey as they didn't send me quite a lot of statements (it appears I didn't exist for about 10 months in 2005 :rolleyes: ) although i am lucky in that I have quite a lot of my statements from then, just a few missing and because they do that thing where they advise you charges on one statement and deduct them on the next, it turned out I had enough of the statements to work out the total without them, so I have been able to send off my demands.

 

(Not that it is working I have claimed just over £1,000 and a paltry £80 appeared in my account friday, which I guess is one of these goodwill gestures. I havent had any letters yet so just leaving it there in case)

Apple x

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Thanks for taking the time to offer your support Apple...

 

and yes, everything you have said is absolutely correct! It leaves me speechless that Abbey (who I once believed was such a reputable company) would behave in such a terrible manner.

 

I will follow your thread and offer my support wherever needed... GOODLUCK

 

Debx

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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You all talk like a load of solicitors!!!... and I'm just little ol' me.

 

 

I was nearly insulted there until i thought 'well at least you didnt say banks solicitors' :o

 

Mind you i suppose it could have been worse and you could have called us bankers outright.

 

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Ha Ha....... I WAS complimenting you!!!!!!!!!!!!!!!!!!!!

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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Ok...this is where I chickened out last time!

 

Im afraid to admit I don't understand what I need to do next...

 

I know there are several different letters that need to be sent as well as approaching the courts... but I don't understand what order the letters need to be sent!

 

Having sent my DPA non compliance LBA to Abbey giving them a final 7 days to comply with my original SAR, they have until this Tuesday to respond (which we know isn't going to happen!) so I want to be ready with my next letter...

 

Can somebody please confirm the next step...

 

This is what I THINK I need to do this coming Tuesday (if Abbey have not responded with all statements):-

 

1.) Apply to the county court to enforce compliance??? Is this the N1 form?? Do I do this NOW??

 

2.) Also on Tuesday send the PRELIMINARY APPROACH FOR REPAYMENT to Abbey - stating an estimated amount that they owe me?? This letter gives Abbey 14 days to respond.

 

3.) Then after this 14 days if NO response from Abbey to the above letter (2.) then I need to send the LBA requesting repayment

(estimate!!!)??.

 

I am SO worried that I am goin to do things in the wrong order...

 

Please advise

 

Deb

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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Share on other sites

Thank you Karnevil :)

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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Share on other sites

Hi All,

 

Just trying to estimate what the Abbey owes me....

 

The Abbey have sent me 15 months worth of statements in total, during this period have randomly incurred a total of £430 in charges.

 

Do I simply divide this sum by 15 and then multiply by 72???

 

eg. £430 (divided by) 15 (months) = £28.66

 

£28.66 x 72 (total months claimable) = £2063.52

 

Have no idea how to calculate the interest.... please help

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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ok now I am really confused... I posted the above message and whilst waiting for someone to respond, I am continuing to read, read and read but it has only confused me more!

 

I went into the BANK TEMPLATES to have another read about calculating the interest plus all the court paperwork and have just read this..........

*******************************************************

5. Money Claim On-Line (MCOL) Particulars of Claim

STOP!

 

 

 

 

If you have not already sent a full schedule of charges and overdraft interest to your bank

-- then --

stop!

- take no further action until you have remedied this.

*************************************************

 

The last letter I sent to Abbey last week was the LBA re: non compliance of the DPA! This letter giving them a final 7 days to respond to my original SAR and forward all bank statements for the 6 years requested. This letter states that if no response within 7 days that I will apply to the County Courts to enforce compliance!

 

This statement that I copied and pasted above states in BOLD that I should NOT be approaching the courts until I have sent a list of charges and overdraft interest to my bank THE ABBEY!!! Which I havent done because I dont have a list of those charges because the Abbey have not sent the statements!!!!!!!

 

So somewhere along the line I have misunderstood!!! This means I should NOT be applying to the courts with a list of estimated charges yet???

 

So therefore, what SHOULD I be doing???

 

Also, I noticed the N1 form asks that you attach copies of the charges incurred... again, how can you do this if it is all based on an estimate???

 

Really, really confused!!

 

Karnevil... where are you... HELP please.

 

Dont want to give up but cant fight what I dont understand.

 

 

 

 

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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Sorry fairy - I'm not much use to you at this stage. I'm in Scotland, and it's different this side of the border. Good luck and don't panic!!!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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  • 2 weeks later...

Hi everyone, I hope you all had a very merry christmas...

 

Seeing as business has returned to normal for a few days, I took myself down to Epsom County Court and filed my N1 to enforce Abbey to comply with the Data Protection Act and send me my statements!!

 

However, whilst I walked in with confidence, it was soon shot to pieces when the court clerk told me that this wasn't the normal format that they were used to for these bank charge claims and that people were approaching the courts with a number of different forms in order to reclaim their bank charges!!! That was the first knock...

 

The next knock was...

Then they (probably just routinely!) pointed out that I may not win and that the judge may possibly not rule in my favour! And that the judge might decide that he doesnt like the format (N1) by which I submitted my claim and therefore may throw it out! They charged me a fee of £150 for filing the N1 under 'claiming something other than money'. Which I was happy to pay... but the clerk also said the judge may rule the case in my favour but NOT ask Abbey to pay the court costs!

 

Basically there were lots of negatives and lots of doubt as to whether I correctly submitted my claim (meaning on the correct form). Even when I asked them what happens next they said they wasnt sure because people dont normally fill out this form.

 

That aside, they were quite happy to accept my claim and more than happy to take my money! Just wasnt very reassuring thats all... :(

 

Has anyone else been told the same?? Do you think this is normal??

And if this way (N1) is not the norm.... then what is everyone else doing??

 

Deb :confused:

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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Share on other sites

Anyone?? Anything?? ...Karnevil my friend??

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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Update...

 

Received 'Notice of Issue' from the County Court today stating that Abbey have until 15 January 2007 to respond.

 

Atleast the judge didnt throw it out! Phew...:)

 

Anyone at the same stage???

 

Deb

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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Deb, Yep, Day ahead of you. My claim submitted on 28th. Deemed served on 30th. I'm starting to get my paperwork organised and filing ready for court. Photocopied stuff from the library etc. Next stage is the allocation questionnaire. My claim is for well over £5k so I will be going fast tarck and not small claims.

 

Good luck and a Happy and prosperous 2007 when it comes to yourself and everyone at CAG!!.

 

Cross1217

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