Kaminari Vs Abbey

[Kaminari]

I managed my money badly a few years ago but got myself sorted. During those years i paid loads in charges. This is my adventure in reclaiming.....

 

I sent this letter on the 16th May, delivered on the 17th May:

 

Abbey National PLC

Abbey National House

2 Triton Square

Regents Place

London

NW1 3AN

 

Re: Subject Access Request (Date Protection Act 1998)

 

Account No: XXXXXXXX

Sort Code: XXXXXX

 

I am requesting a schedule of charges and fees that have been levied from my account , for the last 6 years under the provision of the Data Protection Act 1998. I understand this information is exempt from any non-disclosure provisions as per Part IV exemptions - specifically 35 - (1), 2 (a) of the Act.

 

Grateful if the schedule will include the date, reason, (i.e unpaid direct debit, unpaid standing order, unauthorised overdraft etc), and the amount of each charge.

 

I understand the charges associated with this request cannot be more than £10.

 

Yours sincerely,

[Kaminari]

At the beginning of the week i recieved the last 12-14 months of statements then yesterday, 8th June, i received the standard microfiche letter (It was dated 6th July 2006). Please see below for the letter sent.

 

The question that i have is that in the original letter i did not send payment, just a request. In the letter below i have given permission for the £10 to be taken from my account. Will this be enough to keep everything on course?

 

Todays letter sent by recorded mail:

 

Pam Speed

Regulatory Compliance

Abbey National plc

Abbey House

201 Grafton Gate East

Milton Keynes

MK9 1AN

 

9th June 2006

 

Data Protection Act disclosure request

 

Dear Ms Speed

 

Account Number: XXXXXXXX

 

I am in receipt of your letter dated 6th July 2006 (clearly a mistake by Abbey), outlining that you could only provide me with printouts covering recent transactions on my account, because any earlier information has been archived onto microfiche. I also acknowledge receipt of the information you have already forwarded.

 

My request was for a complete list of transactions and charges relating to my account since 17th May 2000 – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions.

 

For this request I give permission for the £10 administration fee be debited from the account above.

 

I am aware that you have been willing and able to provide other customers with a print-out of transaction information covering this period – and am ready to bring this to the attention of the Information Commissioner should it prove necessary. I would also draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246 (Ch).

 

This letter has been sent by first class recorded delivery, and therefore should have reached you by 10th June 2006 – as you will be aware, as of this date you have just 16 days in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for DPA compliance.

 

Should there be any further attempts to delay compliance, I will be left with no alternative but to escalate this matter into an official complaint to the Information Commissioner and/or the County Court under s.7 and/or s.13 Data Protection Act

 

 

Yours faithfully,

[Janet-M]

Hi and Welcome

 

Yes you have given them permission to debit your account.As long as you have the money in of course

[Kaminari]

Thanks!

I'm rather enjoying the challenge of all this.

[Kaminari]

To update. I recieved all the statements required on the 42nd day after requesting them. 2 hours before i was going to pop the appropriate letter in the post. Now just top tally it all up and take the next step.

[Kaminari]

I just want to say thatr i wasn't sure if i would get the statements within the 40 days as the original letter i sent didn't include the £10 fee. However when they sent the Mircofiche letter i responded to that giving permission to take the fee out of my account.