Cwoj Vs Abbey

[cwoj]

Hello,

 

I have sent a letter and £10.00 requesting information under the DPA from Abbey relating to an account which was open until March 2003. They wrote back, with a standard letter saying that the information was stored on Microfiche and as such was not covered under the data protection act and therefore except from the 40 day ruling. The letter then went on to tell me that they would send the information out in due course and that my £10.00 had been cashed to cover this cost??

 

I thought the £10.00 was for the DPA request? Anyway, i took this as being the microfishe delay argument and send out the Letter found in the sticky above thinking that this would sort it. I was very supprised to get this letter yesterday

 

Dear XXXXXX

 

Thank you for your letter blah blah

 

Unfortunately, we are unable to supply a list of charges applied to your account for the last six years because we do not store this information separately from other transactional data. We can only supply a list of transactions on your account, which will include details of any charges applied.

 

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 have been forwarded to you within 40 days, free of charge. Any earlier transactions have been archived onto microfiche, which is not covered by the Data Protection Act. These archived transactions will not therefore be supplied to you under a Data Protection Act request and will not be subject to the 40 day ruling.

 

The additional information you have requested does take a little longer to provide but I can assure you that we will send the archived information to you as soon as possible.

 

I trust that this information has helped to clarify the situation. Blah Blah

 

Yours sincerely

 

Clear as mud now. So from this I know that they cant just send me a list of charges, but they could send the statements, but if archived then the DPA doesn’t apply??

 

The DPA expires on the 19th, and they have cashed my cheque I send for the DPA so what should I do? LBA or just wait? Anyone else waited and found that they send them or will I be waiting for years?

 

Thanks In advance?

[give_me_it_back]

Hi. Very same thing happened to me. After a lot of investigation, I have the answer. Please see "Does this mean they have rejected my DPA request?" thread.

 

Keep at them!!

[cwoj]

Thanks i had actually read the thread, but wanted to know how many people had actually got statements through that had been on microfiche and not subject to the dpa or if people had sent the non compliance letter.

 

I think i am going to go down the non compliance route as i think they are giving me the run around.

[give_me_it_back]

It seems to be mixed.. some people received the statements pretty quickly and some didn't. I have sent a letter saying:

 

I note your comments in reference to the archived transactions not being covered under the Data Protection Act, but would advise you that you do still have to supply this information within the 40 day period.

 

To be clear, the information I requested is due by 31st July 2006, and 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.

 

Hope this helps.

[cwoj]

When did you send it? I wonder what they will say / do? :rolleyes:

[give_me_it_back]

it's going tomorrow. My guess is they'll do nothing different from what they were going to do anyway, but hopefully they'll realise I'm serious and I won't be fobbed off!

[cwoj]

let me know what happens, i am going to send a non compliance letter tom then see what happens

[give_me_it_back]

Will do! Good luck!

[cwoj]

yahoo, i got them all this morning.....and they were off microfiche... so thats stage one done.

 

I have noticed that 49 items that say CLEARED TRANSACTION CHG -10.00

 

i am assuming that this is when i used my switch card whilst over me overdraft limit. Does anyone know if i can claim these back? am about 99% certain that i can, but can anyone confirm it for me?

 

Ta

 

Cwoj

[give_me_it_back]

Great news!!! Good bedtime reading, huh?

 

Yes - most of mine are 'cleared transaction charges' too. This appears to be when they charge us for any transaction whilst over the od. If I'm wrong, I'm sure someone will say!

 

Thanks for keeping us posted!

[cwoj]

can you claim the CLEARED TRANSACTION CHG -10.00 back? Can someone please let me know as i am wanting to send my first letter in today.

 

Thanks In advance

[cwoj]

anyone? hello is anybody there or is it just me? :o:o

[kacideans]

yes you can claim the cleared transaction charge

[cwoj]

Thanks

[give_me_it_back]

cwoj... any updates yet?

[cwoj]

they have wrote back saying sorry to hear that am upset and will look into it. The time has come for a LBA, then court

[give_me_it_back]

Great. Keep us posted.

[cwoj]

I sent my LBA on the 17th July, however i got a letter from them yesterday, basically saying the the charges stand and that it wasnt the first time that i had incurred these charges. The letter goes on to say that if my complaint escalates into a claim in the county court and they feel that the relationship has broken down completely then they would give notice and close the account.

 

Strange, given that they closed my account for me two years ago?

 

I also noted that the letter was dated te 10th July, but only arrived yesterday!

 

Does anyone know why it would take so long, or is it just one of those things?

[noobrider]

a bit of both...they usually have about 5 day between the dated letter and delivery...sometimes more depends how long it sat on someones desk

[cwoj]

thanks, thats what i thought...does anyone know if it was a standard letter

[cwoj]

Just to update, i have sent Abbey another letter asking them to reconsider, but they have basically said no. So its off to court we go, just as soon as i get paid.

[cwoj]

moneyclaim done

[cwoj]

How long do you need to allow the initail court papers to be served, i started a moneyclaim site on 19th August and they were issued on the 21st September. As i understand it they should have done an Acknowledgement within 14 days so by today?

[cwoj]

anyone?

[flames7205]

just received details from court see my thread