nc v abbey

[craigycoops]

hi all.

have taken over this thread from my husband (working away at moment) and have decided that we should try to claim back everything (i hope!!) from when we opened the account in 1987.

we succsessfully claimed the first 6 years and we now sent the data protection letter giving 40 days etc for all statements from the account opening to aug 2000.

all they sent us was 12 months of statements for the years 2005/2006. obviously not what we asked.

could someone please tell us if we now go the normal route of giving them 7/14 days or else or is there a different approach as it is pre 6 years.

 

many thanks for any advice

 

nc

[livelylad]

Yes its the same actions, however i would be surprised if the hold data from 1987 its usuall around 10-15 years.

[craigycoops]

thanks for that.

letter going in the post monday morning (recorded delivery) as the 40 days are well gone now.

will keep you posted how we are doing

 

nc

[craigycoops]

hi

the 40 days for abbey to send all my statements upto 2000 is well past.

i sent the next letter (subject access request) giving them 7 days to comply or else i seek court action as also past.

what i would like to know if someone could please help is, although i gave them 7 days, realistically how long should i give them (perhaps another week or so?) and although i threatened court action, what action would i be asking the court to do and how would i go about it.

thanks for your time

 

nc

[craigycoops]

hi

the 40 days for abbey to send all my statements upto 2000 is well past.

i sent the next letter (subject access request) giving them 7 days to comply or else i seek court action as also past.

what i would like to know if someone could please help is, although i gave them 7 days, realistically how long should i give them (perhaps another week or so?) and although i threatened court action, what action would i be asking the court to do and how would i go about it.

thanks for your time

 

nc

 

sorry if i posted this twice

[ohoh4312]

Hi nc

 

As they are already out of the time limit stated by law, I would only give them the 7 days from receipt of the letter.

 

Then I think you need to go down the Non-Compliance route; I don't know anything about it, but this link details the PoC for the Court claim:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

But I don't know if you have to lodge an official complaint first, with the Information Commissioner, for example.

 

Have a read around on the threads for others doing the same thing, which might help. I know there are a few but I cant remember which threads, sorry.

 

Hope that helps a bit.

 

Best regards

 

Jo xx

[craigycoops]

asked for all statements from opening account to 2000.

40 days up - got 12 months statements to march 2007 (when we closed account)

sent 7 day LBA for not complying - now up - got home tonight and received the exact same statements.

 

do abbey keep records before 2000 and is it best to phone them to ask where they are or just go to court for non-compliance?

 

please please help!!!!!!!

 

nc

[Lula]

Hi, well Abbey are saying that they only hold data for 6 years, there was somone who took them to court for non compliance earlier this year and lost, basically the judge just accepted a piece of signed paper saying that the data had been destroyed, You can try the information commissioner, but i dont hold out much hope, although you could try the argument that as a data subject, any actions regarding the destruction of your data should be noted and supplied.

 

Just my take on the matter

[craigycoops]

hi

requested abbey to send ALL myaccount details. had letter saying that they were sorry for the delay. it stated that my account was opened in 1998 (only 11 years out, it was 1987!!!)

they also said that my statements would be sent in a few days.

finally received 6 years of statements, which my husband already has from our original claim.

about a week later we had another large envelope from abbey, which we stupidly thought would be our pre 6 years statements, but turned out to be copies of the ones they had just sent to us.

tried phoning the number on the letter they sent but could not get through cause we have to key in our 16 numbers from our debit card but as the account is now closed we do not have it.

anyone please have any ideas of where to go next or a direct line phone number that bypasses the automated systems

 

many thanks

 

nc

[craigycoops]

hi

requested abbey to send ALL myaccount details. had letter saying that they were sorry for the delay. it stated that my account was opened in 1998 (only 11 years out, it was 1987!!!)

they also said that my statements would be sent in a few days.

finally received 6 years of statements, which my husband already has from our original claim.

about a week later we had another large envelope from abbey, which we stupidly thought would be our pre 6 years statements, but turned out to be copies of the ones they had just sent to us.

tried phoning the number on the letter they sent but could not get through cause we have to key in our 16 numbers from our debit card but as the account is now closed we do not have it.

anyone please have any ideas of where to go next or a direct line phone number that bypasses the automated systems

 

many thanks

 

nc