FuzzyBobble vs Shabby Irrational

[fuzzybobble]

Hi folks,

 

Been spending a good few hours on this excellent website

reading and learning.

 

22nd May I sent off the DPA request to Abbey based on the

template in the library.

 

9th June I received a letter from Abbey stating they would be

sending me statements within 40 days and because I had sent £10

they would be also sending the microfiche statements I had

requested.

 

Do I need to wait and see what arrives now? or do I need to do

something else?

Will be sending them a reminder if I don't get full 6 years worth of

statements within the next 14 days. (I'm not very patient where

banks and people who owe me money are concerned lol.)

 

The other bunch of robbers I'll be after for a refund after the weekend

will be the Halifax. Worked out they owe me £125, so they'll be getting

the LBA dropping on their doormat on the 13th june. (unlucky for them)

 

Do I need to start a seperate thread on here for each claim or is it

best to keep both of them together in this one?

 

All the best, and good luck to all of you, James

[rayo1973]

Hi

 

I have just hit the submit button for my claim against the shAbbey. So i would say, stick with it, don't be put off by the crappy letters from the abbey. Most of all, you have the support of some wonderful people on this website. i know i would have given up before now if it wasn't for messages of support.

 

Good luck

 

Rayo1973:)

[Michael Browne]

Interesting that Abbey are sending microfiches since in the past they have refused to send these without a fight.

 

It won't do any harm to send them a reminder saying they only have xdays left to comply if they don't arrive by ,say 24th June.

 

Start a separate thread for the Halifax

 

Good luck

[fuzzybobble]

Yes, it does seem strange they're sending everything without

excuses and the usual run around they seem to play with

everyone on here in the past.

Shame I was looking forward to sending strongly worded letters.

 

This is quite scary really, but at the same time quite looking forward

to giving Abbey's balls a squeeze till they pay up.

Will also be nice to have a cheque ready for an autumn holiday

and some new bits for my car too.

 

Roll on 24th June so I can either send a DPA reminder or

add up what they owe me and hit them with the LBA.

 

I worked it out at around £400 they owe me, but going on what others

have worked theirs out at, after getting 6 years worth of statements,

I think I'm in for a surprise at how fast it all adds up.

[Jane Austen]

I love your name.

 

Just a word of caution- just because Abbey say they will give you everything that you asked for doesn't mean that they will.

[fuzzybobble]

Little update.

 

Received 15 statements on the 12th June from Abbey all in seperate

envelopes.

Anyone know the average waiting time for the microfiche

ones to arrive after they get the normal statements?

[Jane Austen]

A lot of us never got them which is why we are now pursuing estimated claaims OR suing them under the DPA for not providing the info requested.

[fuzzybobble]

Yesterday (17th June)

Got a big A4 size envelope from Abbey with 3 months worth

of printouts inside it (jan to march 05). Hopefully there will be more over the

next few days. Got the LBA standing by if they don't though.

 

Charges stand at £120 so far, but I'm sure there will be more lots more.

 

*****Important Update*****

 

Just been double checking my statements and printouts.

Seems like I've missed a few charges . Total stands at £230 now.

 

Just goes to show that it's well worth double checking statements,

as it's not easy to spot charges when you have many months worth of

transactions to search through.

May even be worth going through them 3 times with a hilighter pen

and then get someone else to go through them as well.

 

Makes me wonder if anyone else on here has missed a few charges too.

[fuzzybobble]

Decided that the 3 months of microfiche statements may be the last I'll be seeing from Abbey. I have 18 months worth of statements/microfiche so far, and according to their letter they're trying to wangle their way out of supplying the remaining four and a half years worth I originally requested.

So on thursday 22nd I'll be sending them my LBA which is 10 days before the 40 day deadline expires.

 

The letter I'll be sending is as follows.....

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998.

Dear Sir/Madam,

Account: ********

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 22nd May 2006.

Documents supplied so far are a total of 15 duplicate statements covering the period of March 2005 to April 2006. Which were received on the 22nd June 2006.

Also received were microfiche printouts covering the period of 12th January 2005 to 2nd March 2005.

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 from 1st April 2000 to 11th January 2005.

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

I have also noticed that from your letter dated 7th June that you have taken my DPA request as a request for statements and you state that the microfiche stored transactions aren’t covered by the Data Protection Act.

This I have recently found out to be incorrect as you have a legal obligation to keep all records for a minimum of 6 years. To be readily accessible to Inland Revenue auditors, etc. This means it has to be fully indexed and therefore a relevant filing system that is covered by the DPA.

I am also aware that you have already supplied microfiche data to other customers that have requested it under a DPA request, and I myself have already received almost 3 months worth of microfiche data to date.

I’m appalled that Abbey can operate in this manner, and fail to comply with what should be a simple request for a customer’s transactional information, especially when legally obliged to do so when requested.

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

You have a further 10 days to comply with my original request. (Please see attached copy of my original letter.)

Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a County Court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.

Yours faithfully,

Fuzzy Bobble

If anyone has any comments or suggestions on anything I should add or change, feel free.

Sailing in uncharted waters now, so any advice will be much appreciated.

[fairydustforever]

'I have also noticed that from your letter dated 7th June that you have taken my DPA request as a request for statements and you state that the microfiche stored transactions aren’t covered by the Data Protection Act.'

 

 

James,

 

I don't like this bit, don't know why but it just doesn't sit comfortable with me.

 

Reading all the posts in your thread up until this point I felt concerned that Abbey had done the same to you as they had to me...by ignoring your DPA request and treating it as a normal statement request! - it looks like this is also why the first set of statements were forthcoming AND so promptly - almost in an attempt to appease you and detract your attention from the confusing wording in their letter.

 

Having just read your last post, I can see that you now think the same.

 

I just feel that the wording I have highlighted in red sounds too much like you have accepted that they changed your request (even though I know that is not what you mean). Especially as the letter was dated the 7 June, so therefore couldn't the Abbey argue that you should have 'noticed' it sooner!! My letter states that if I do not want them to do this that I should contact them. Just wondering if it could be argued that too much time has lapsed!! Also the microfiche letter template written by Alan comes with the advice to contact them immediately!!

 

What does everyone else think??? Not sure I'm explaining myself very well?!

 

 

Are you sure you have this letter dated the 7 June?!!!... Because if the Abbey haven't communicated with you at all then maybe it would be time to write to them again with copies of your original letter stating how long they have left to supply all the requested info under the DPA regulations!!!!!!!!!

 

Discuss this with those on this site who know what they're talking about James!!!

 

Deb

[Michael Browne]

Fuzzy's letter seems fine to me. I have read and reread the thread and still can't see what FDF finds wrong with it.

 

What am I missing?

[fairydustforever]

Am only giving my opinion...did say to speak to those who know what they're talking about!

 

I am concerned that Abbey might say 'if you didnt want us to treat it as a standard request for statements then you should have told us sooner'...not 2 weeks later.

 

We are the first to complain when we dont hear from Abbey for a fortnight, all I was wondering was if James needed to be more careful with the wording so as not to fall into any of Abbeys traps???

 

Deb

[Janet-M]

If you sent the DPAR from this libary then you did say that' stetements will suffice ' so like fairy dust I am lost as to why you have put that statement in your LBA ?

I think you need to read around a bit more as you seem to be a little impatient in sending that LBA.They have 40 days to comply that isnt up and you are sending a LBA have I got that right ? if so ,the week before the deadline for them to comply then send them a reminder saying you have 7 days left .Then if after the 40 days you still do not have all your information then you send the LBA for non compliance.

 

Then main thing is to show the court you have acted reasonable throughout that means sticking to your deadline that you set .If you give them 40 days then stick to it if you say statements will do then accept the statements

Hope this helps ;-)