Eyespy Vs Abbey

[lknox]

I get paid on the 23rd and my charges are taken on the 14th. so I'm always broke 2 weeks before pay day. So I dunno how they work it out....

[eyespy]

Is it 6 years in total that I can claim back?

 

If so what date would that put me back to, is it like 6 years back from 05/07/2006, therefore 05/07/2000?

 

I am just filling in my excel spreadsheet and I had gone back to Jan 1999.

 

Please advise I don't wanna make a mess of it.

 

thanks

[eyespy]

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/3805-can-i-claim-back.html

 

Im now reading the above, but any advice appreciated.

[give_me_it_back]

For ease, I am just claiming the 5 years (I'm in Scotland, and that's the maximum). If you're in England - yes 6 years back from the date of your claim, so, yes 5/7/00/

 

Or, as Bankfodder suggests in the above link - you could go for more, but you will need to follow his guidelines in that post.

[eyespy]

yes I agree its best to keep it simple.

 

thanks:D

[FoxyFiona]

Hi sorry to be so dim but I have been back to site loads of times, can someone direct me to the download of the 40 day letter you send to bank for the duplicate statements, I want to get started but am terrified of losing......

[eyespy]

Hi Fiona

 

Go here first and read as much as you possible can.:o

http://www.consumeractiongroup.co.uk/forum/

 

then read these

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/:o

then the letters are in here, 4th sticky down is the template you need.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

ask for help whenever you need it.

Im new I have no idea what Im doing yet!! HA HA So it is best to ask a moderator when it gets tricky.

 

best of luck.

 

 

 

[eyespy]

Hi All

 

I have had no response from my DPA letter posted 29th June. I realise now I should have done it recorded delivery!

 

Tried to telephone several times and will do that again now today, but what happens if you don't get the statements.

 

I have done the excel spreadsheet and estimated 10 claims for charges for each year I have no statements for.

 

Now when I send my next letter to remind them of the DPA and then the LBA do I include the estimated charges on that?

 

At what point will I have to take the estimated charges off my claim?

 

Any help appreciated, I think because Im sitting here waiting communication from my bank and communication about my redundancy from the NHS, my brain is starting to haggle again and Im getting all panicky.

 

thanks

[eyespy]

Hello

 

I am realising that my DPA request for statements are in the land of never at Abbey.

I have filled out an excel spreadsheet with the charges that I know I have incurred and its 750 pounds and the interest calculated over the days that the charges were taken from my account are 89.02 so a total of 839.52.

I am now thinking I will claim this back immediatly (im desperate for the money) I have another 110 pounds going out on the 22nd this month.

 

SO MY QUESTION IS REGARDING THE INTEREST.

Do I send the excel spreadsheet from Vampiress with this interest on it now? Im confused over the 8% interest is that a further interest I put onto claim when I get to the moneyclaim procedure?

 

Also discovered 120 charges on our joint account so Im putting in 2 separate claim it back letters.

 

Please advise that Im on the right track - my head is empty. I have so much sh** in my life at the moment I don't know where to start.

[give_me_it_back]

Have they responded to the DPA request at all? If you have sent another (recorded delivery), then you need to give them the 40 days to respond. When the case goes to court, you need to prove that you have acted in a 'fair and reasonable manner' - ie - giving them sufficient time to respond.

 

I can understand your desperation to get the process started and your money back, but don't rush in to this. You will be able to add every charge they make to your account right up to court date anyway - so you'll get it all back eventually.

[eyespy]

Hi

thanks for quick response.

 

Im just confused as to if and when I will ever get these statements from the microfiche department.

 

I have done a lot of reading of the forum, but if I wait for these statements and start a moneyclaim with my estimated spreadsheet total of 1500, at what point do they give you the evidence. I dont want to be in the position of overestimating my claim with the courts. Am I making myself clear? Im confusing myself here.

 

I thought it would perhaps be easier to claim for the figure I know they have charged me while I await the statements from the last 5 years.

 

ALSO im so confused over the interest?

 

Oh god! im just going to get another coffee and ciggie.

[eyespy]

I have sent the first Data Protection Act but not recorded delivery.

 

Ive telephoned loads of times but it's engaged or I get alternative numbers which give me the run around or are inaccurate. Nobody can say that the letter has been recieved.

 

I know its early days and I'm not trying to be too forceful I just need to get some cash back sooner rather than later. With an estimated 4 months process time mentioned somewhere on the forum I'm beginning to think I should have started with my known charges as my first claim.

Then fight to get the statements to get the rest as a second claim.

 

Shall I just send another one recorded delivery with a further 10.00 cheque?

Im getting to the point where I don't have 10.00 spare!! and wait and wait.?

 

help me

Im getting despondant and overwhelmed.

[eyespy]

what shall I do?

[noobrider]

be patient sit tight and wait until you receive all your statements or your 40 days are up. Be prepared for the long slog it does take time but is worth it in the end. follow the set procedure. if anything different to what others have experienced happens then let the forum know and someone can then advise.

 

if you don't receive all your statements after the 40 days you can submit an estimated claim.

 

Its usual to receive 20 months of statements with a fob off that the rest are on microfiche. these may or may not turn up in time and you will have to decide whether to pursue the dPA failure as a seperate action or submit an estimated claim.

[give_me_it_back]

I would send the dpa letter again - this time recorded delivery! Give them no reason to say that they have not received it. Don't worry about the 10.00 fee - you can claim that back anyway.

[eyespy]

thanks for advice.

 

i know i sound a bit thick but will the Abbey pay an estimated amount or will they stall until they have calculated the actual figure?

 

ta in advance.

[give_me_it_back]

If you have a look at the other threads, there are a variety of stories - all coming from different angles. If you have SOME statements, and can REASONABLY estimate the amount (the court will not appreciate greed), then it would be reasonable to estimate if Abbey don't provide you with the information.

 

However, what I intend to do (as I fully expect all the statements not to arrive) is to sue them for DPA non compliance.

[eyespy]

Is this what everyone else is doing?

[eyespy]

its just from what iv'e read I thought the people who had actually got their settlements where because they had got the statements and correct final claim figure in time for the court and thats what was paid.

 

So I have sent the DPA request should I sue if they don't comply?

[give_me_it_back]

I cant' speak for everyone else, but that is what I (and many others) are doing. In the original Data Protection Act quite clearly states there are 40 days (legally) to comply within. If they don't, they are clearly in breach of the Act, and it is only correct that THIS is what they should be sued for.

 

Please see here for links to DPA non compliance/microfiche. There are lots of others - you just need to look.

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=8318

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=10560

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=7236

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=8933

 

Alan's post at alanfromderby v Abbey - Data Protection Act Claim (AQ Filed) Financial Claim (Judgement Entered) is also particularly useful.

[eyespy]

Hi All

 

Got this from Abbey this morning.

 

Abbey

PO BOX 1109

BRADFORD

BD1 5ZJ

TEL 08457 654321

FAX 01274 368639

Thank you for youe letter dated 28th June 2006 requesting information on your bank account. I also acknowledge receipt of your 10 pound fee.

I would like to advise you that under a Data Protection Act Request you will only receive the transactions that are currently held on our systems. These will be forwarded to you within 40 days FOC under separate cover. Any earlier transactions have been archived onto microfiche, which is not covered by the Data Protection Act Act. These archived transactions will not therefore be supplied to you under the Data Protection Act request and will not be subject to the 40 day ruling.

We can however supply details of the transactions held on the microfiche on payment of an admisitration fee of 10 pounds for multiple monthly statements per account that have been archived. It is clear from your request that you require the transactional information that is held on the microfiche records. In order to avoid any additional delays, we will therefore use the 10 pounds that you have sent with your DPA request as payment for the microfiche records that you need. If you do not want us to do this please call us on above number.

You have also asked for details of any manual interventions. I am sorry that we are unable to help you with this request. Not all manual interventions are recorded blah blah, no central record of activity is kept because this I not the kind of info we need, or more importantly, that a customer would ususally request.

Pam Speed

Business Manager

 

So I am now going to reply with Alans letter, (see link below) is there anything else I should say or do at this point? DO I need to telephone Pam Speed as she has requested?

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/4031-abbey-microfiche-argument.html

 

Any help appreciated, please dont let me mess up.

[eyespy]

Hi

 

Sent Alans template letter today recorded delivery.

 

Also read the Joneshousehold thread several times as she gives an excellent record of events with Abbey.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/1889-another-claim.html

 

good luck to everyone else.

 

To the Abbey

 

I am in receipt of your letter dated 06/07/06, outlining that you could only provide me with printouts covering recent transactions on my account, because any earlier information has been archived onto microfiche.

 

My request was for a complete list of transactions and charges relating to my account since 01/01/00 – 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.

 

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 track and trace, delivery, and therefore should have reached you by 11/07/06 – as you will be aware, as of this date you have just 29 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 Data Protection Act compliance.

 

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,

 

Eyespy

[eyespy]

This is my story so far

 

21/08/06 Prelim letter sent asking for it back. No reply from Abbey.

Letter - Preliminary approach for repayment.

 

21/08/06 Non compliance letter sent. No reply from Abbey.

Data Protection Act - Non-Compliance - Template Letters

 

11/07/06 Reply to Pam Speed Data Protection Act fob off letter

Abbey - the microfiche argument

10/07/06 Data Protection Act fob off letter received. dated 06/07/06 from Pam Speed.

 

29/06/06 Data Protection Act statement request sent

09/08/06 40 days up

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-data-protection-act-subject.html

 

22/06/06 Statements rcd within 10 days.

15/06/06 Requested 12 mths statements, they say 7-10 day del, and FOC. Using spreadsheet from Vampiress calculated my charges plus 8% interest. The interest does not go on until you make a claim.

Spreadsheet with interest

 

 

.

[eyespy]

Hi

 

Just received 12 months statements, each one individually packaged with glossy flyers for:

 

An Abbey credit card,

Thinking of buying a place in Spain,

Save yourself money with Direct Debit no charge,

Get 2% cashback for withdrawing in Spain.

 

The problem being these are duplicated I have already received these from my initial request, packaged exactly the same.

 

What a waste of paper, time and energy and ultimately MONEY. I suppose the charges they take from us cover all their costs in advertising!!

[eyespy]

Hello

 

Received a further letter from Pam Speed Abbey dated 20th July 2006.

 

Dear Eyespy

Thank you for you letters dated 11th July regarding your request for a copy of the transactional data held about your bank account.

I confirm that you have been given all the transactional data you are entitled to under the Data Protection Act Act as you have been provided with all the transactional details that are held on our systems.

Any previous transactions have benn archived onto microfiche and it is not possible to provide you with a computer print out of this information. As these microfiche records are not held as part of a relevent filing system,they are not covered bt the DPA and will not therefore be supplied to you under a Section 7 DPA request. However I confirm that arrangements have been made for the microfiche records to be sent to you in due course.

Please be assured I've carried out a full investigation for you and I hope you feel I've offered a fair response to aal of the issues you've raised. I'll keep your file open for the next eight weeks and if I don't hear from you within this time, I'll assume that everything is resolvevd and close your file.

If you remain dissatisfied though, the leaflet you'll find with this letter expalins your rights and how to take your complaint further with the Abbey. The leaflet also explains your ultimate right to refer your complaint to the Financial Ombudsman Service.

If you have any questions please call on 08457 654321

Pam Speed

Business manager

Banking Service

 

So what do I do now? Im a little confused again!!

 

Eyespy