Yep. £750 is the limit you can claim through Small Claims Court in Scotland. Summary Cause limit is £1500 but a bit more complicated. Not fair that there's such a huge difference between Scotland and England is it?

Hi Denzil Welcome. Can you tell me if you have actually written to Abbey requesting a schedule of charges/copy statements or have you just spoken to them on the 'phone? I would suggest you write to them and not speak to anyone who may call. This keeps you right and means they cannot squirm out of anything if it is in writing. Remember they are not called shAbbey for nothing!! There are loads of letter templates in the library, have a look and you'll see what I mean. The first one you need to send is a Subject Access Request. Remember to tell them you have already paid your tenner! Send the letter to Data Protection Manager Data Protection Team Regulatory Compliance Abbey House 201 Graftons Gate East Milton Keynes MK9 1AN Chances are you will be sent a letter from Pam Speed along the lines of we'll only send you details of transactions on our systems anything older is on microfiche which is not covered by the Data Protection Act and won't be subject to the 40 day ruling. Baloney!! If you get this letter you should take a look at this link http://www.consumeractiongroup.co.uk/forum/abbey-bank/4031-abbey-microfiche-argument.html. There you will find a letter which tells them you expect to receive the requested information within 40 days of your original request, or else. Remember you have to be prepared for the "or else" because they might (in fact probably will) take things to the wire. Have a look at other Abbey postings and you will see that they are trying the same delaying tactics on everyone. Stick to your guns and YOUR timetable not theirs. There's plenty support here for you. Good Luck

Quick update and another silly question or two or ....... I had almost a complete year's statements so sent away the Initial Request Letter and also the SAR to get the remainder of the statements for this account. Already received response to Initial Request and they have now replied to the SAR stating the already well documented microfiche argument. Can anyone help on the following? 1. which body can we contact for clarification on this argument or do we need to wait until it goes to court? 2. why can Scottish customers only claim for 5 years and up to £750 a time (for small claims) when English customers can claim for 6 years and up to £5000? Unfortunately my account was opened in a local branch so I don't think I can quote the Head Office address and claim through the English Courts, or am I wrong? 3. When sending the LBA do you really need to give 14 days notice? If I send the letter today the 14 days will be up on Wednesday 26th July but I am going away on Sunday 23rd. Do you think I should only give them until Friday 21st to reply? Thanx

Hi StoneLaughter How did your meeting go yesterday?

Thanx. Was a bit worried I had bitten off more than I could chew when I saw this thread (although I know the good people here would have reassured me) Will wait until Wednesday then send off letter and will keep you posted on any replies, developments etc.

Received usual "Sorry you complained we'll get back to you in four weeks" letter this morning. Do I acknowledge this and remind them that the 14 days from the date of refund request is up on Wednesday or do I just wait until then to send the LBA? BTW original letter was taken from the templates on this site and was not a complaint, merely a request for my money back, will I mention this in my letter (assuming I send one) too? Thanx

Don't know much about the Data Protection Act but does section 8 not have something to do with - if it is too difficult for the banks (or other organisations) to find (provide) the information requested they don't have to comply? I'm sure I read something along these lines on this forum somewhere. I have been looking at the Abbey threads and also the arguments put forward by them that as their archived data is on microfiche then it is too hard for them to find this info. and that they don't believe that this is covered by the 40 day rule. Might be worth doing a search here for Abbey or microfiche just in case I've picked it up wrong!! Just another thought - is the maximum charge not £10 for all the information held by a business on a particular person (subject) regardless of how many pages this runs to? :?

Saw this message on the court ordered case cancelled thread. Bit of a worrying development if true Please read the entire thread, it does make for interesting reading! If someone could also please answer my question, does a ruling in the Mercantile court have any bearing on a case in the Scottish courts?, I would be really grateful. Thanx

Hi Would this test cast have any bearing on claims being lodged in Scottish courts? I am waiting to hear from Abbey re my claim for charges (they have until next Wednesday, 12th). If they offer me substantially less than I have requested should I take it but tell them I still expect the full amount, take it and run or just say no thanks? All this speculation is warping my brain but if this issue does not affect Scottish courts then I might be worrying over nothing (yet).

Hi Swampy Welcome. The address I used was Data Protection Manager Data Protection Team Regulatory Compliance Abbey House 201 Graftons Gate East Milton Keynes MK9 1AN Good luck

Hi cillitbanger That would make sense. Just thought that as I had a complete (well nearly) years statements I would chase for the amount taken during that year. Once I had a real bee in my bonnet about this I didn't want to wait any longer Although determined to see this through, I can't help feeling that this may be the time that Abbey decide to challenge through the courts. I know that at least one person here has claimed 10 times the amount I have, but the worrier in me says "It could be you".

Hi Michael Sure did. Asked my Dad for it just to make sure the cheque didn't bounce Sent the letter Saturday. Was looking out holiday clothes on Sunday when I found most of 2005's statements. Why they were in the case I have no idea!! Anyway upshot is I have now sent them a *polite* request asking them for refund of £1175 charges for that year. Have not included interest as wasn't sure what interest could be reclaimed. Do I sound really stupid? I have an authorised overdraft and am charged interest on it each month. Have very rarely gone over this but when I did I was charged £20. Also seem to be paid interest each month too! As the limit for a Small Claim in Scotland is £750 I thought I could always raise two separate actions and include the interest on the second one, if I could. Any ideas? Help would be much appreciated. Thanx

Hi Whitemoss The address I used was Data Protection Manager Data Protection Team Regulatory Compliance Abbey House 201 Graftons Gate East Milton Keynes MK9 1AN Good luck

Michael, you are a star New parachute account now opened, so easy. Thanks a million! Letter printed, signed and sent 1st class. 40 days will start from Tuesday, allowing them to receive it on Monday and giving them a day to decide who's bin to file it in!!. Not very good timing as I go on holiday in 37 days from Tuesday!! Still, now I've got a bee in my bonnet I don't want to wait any longer. Never mind, the 2nd letter (assuming they ignore the first one) will be good to go on the 40th day and I might have some interesting reading to catch up on when I return. Anything that is received when I'm away can always be scanned and emailed to me if the cat sitter thinks it's interesting enough!! Thanks again for your help. Will keep you posted.

Hi Michael Thanks for your reply. I have read through a lot of the FAQ's and other posts and the more I read the more determined I am that I should pursue my claim. Think I will take it one step at a time though as my brain might melt with all the fabby info. on the site . My husband thought it was a pointless exercise (but he hasn't looked at this web site!!), which was why I wanted to make sure I could make a claim myself Am going to look at the banks you suggested before posting my first letter (already written just needs printed off). Thanks again