Hi Deb,

Looks like we're both at the same stage with our DPA claims.

You can follow my thread here...

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=10240

I've just added a copy of the letter I'll be sending Abbey on thursday

if the rest of my microfiche printouts haven't arrived by then.

It contains all the essentials to avoid more of their microfiche delay

tatics and a "gentle" reminder of what will happen if they don't comply

before the 40 day deadline runs out.

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.

Now the real fun beings nn

will be keeping an eye on your progress

and support you all the way, as I'm sure many others

on here will too.

It's this moment I can't wait for.

I'm hoping my claim goes all the way to court

so I can produce all my paperwork and ask their

solicitor all kinds of akward questions that banks

hate answering. Already started making my notes.

"Power to the people." been watching Citizen Smith on dvd again lol.

Nice work Deb, that will look great if it goes to court.

More proof that Abbey are dishonest and stalling

you every step of the way.

Like so many have said on this forum. "Stick to your timetable,

and you call all the shots."

Just think about all the nice things you can do when that

nice cheque arrives and the feeling that you finally beat

the big boys at their own game :-D :-D

Hi there,

I had exactly the same letter.

2 weeks after I received 15 duplicate statements in seperate

envelopes. Just over a week after that I received 3 months

worth of microfiche printouts, so hoping in the next few

days I'll get the remaining 4.5 years worth.

They still have 14 days of the 40 to send me mine.

The week before the 40 day limit expires I'll be sending them a

reminder letter.

Hope that helps.

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.

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?

It's otherwise known as the "rule of 78" which has since become illegal and will no longer be allowed on existing loans from 2007.

Hi Dave,

I have a question...

I have a 6 year loan with Northern Rock which I'm about 2 years into repaying.

Does this change of the law in 2007 mean that if I wait 6 months before paying the loan early I won't be subjected to the "rule of 78" charges?

It's mentioned in their terms and conditions + examples of how much I'd have to pay back. Does the new law apply to any existing loan or only on loans taken out in 2007 onwards?

If this is the case it may be worth waiting a while and not get hit with high early settlement interest charges.

Many thanks for your time, James

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.

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