Youngs vs Abbey

[Bev77]

Hi,

 

I've currently got 3 going on at the moment (as you'll see from my sig).

 

Bit of background with this one, got into huge debt every month with abbey (prob £3-400 a month) when husband got injured at work, and DD kept getting refused then charged, then OD charge then unauthroised OD charge - well you know how it goes.

 

Anyway several times told Abbey that we had moved - not too difficuilt for them, we moved next door, (used to live with husbands parents)same street name, just different number and only 1 digit difference! However despite us providing all the proof they requested they still never changed our address. Husbands parents got a bit fed up of being our postman, and having to post all the abbey OD letters and statements into our letterbox (understandably) So in the end, i told them if anything else comes back with abbey printed on it, just put no longer at this address and send it back!

 

Anyway I sent the Data Protection Act letter off to them on the 18/07, (oops forgot to change the date from when i originally typed it - 30/06)informing them that they could contact me at my "new" address. Guess what? I got the letter today but still addressed to next door!

 

Anyway to the matter at hand. I think this is just a basic Fob Off letter but would someone please clarify for me.

 

Dear Mr & Mrs Young

 

Thank you for your letter dated 30th June 2006 which we received on 20th July 2006, requesting information on your bank account. I also acknowledge receipt of your £10 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, free of charge, under seperate cover. Any earlier transactions have been archived onto microfiche, which is not covered by the Data Protection Act.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.

 

Abbey is not normally required to hold past transaction details on accounts for more than six years, we're therefore unable to give you all the details you've asked for. (I asked for my entire banking history with them - goes back about 10 years or so, was just interested to see how much I have paid in total)

 

We can however supply details of the transactions held on the microfiche on payment of an administration fee of £10.00 for multiple monthyl 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. I n order to avoid any additional delays, we will therefore use the £10 that you have sent with your Data Protection Act request, as payment for the microfiche records that you need. If you do not want us to do this, please call us on the above number.

 

You have also asked for details of any 'manual interventions' that may have been made on your account and I am sorry that we are unable to help with this request.

 

I can explain that we consider 'manual intervention' to mean an action that is not automatic or computer-driven. Not all manual interventions are recorded, for example if a member of staff looks at a paper document relating to your account, a record is not always required. Similarly some interventions may relate to work carried out by a department rather than individuals where no central record of activity is kept because this is not the kind of information we need, or more importantly, that a customer would usually request.

 

If you have any questions please call us on the above number.

 

Yours sincerely,

 

Pam Speed.

 

I take it this is a basic 'go away' letter. What is the next step? I've been reading about this 'microfiche' argument - is it just a case of saying that i still require the information within the 40 days of which xx is remaining?

 

I'll go and have a search now for what I can find on the microfiche argument, in the meantime i hope someone can help me.

 

Cheers

Bev

 

PS Is there any way of getting the letters into the system without sitting there and typing them up? Not that I mind doing that, all helps to quicken my typing speed! But my fingers aren't used to it yet!

[Jane Austen]

This is the basic Abbey fob off.

If you have already paid £10 don't pay it again. The clock is already ticking. Just allow them the 40 days then move to next stage.

[Bev77]

Hi nnelson

 

Thanks for that, I thought it was the basic letter, but thought I'd better check.

 

I've just seen the sticky from alanfromderby. I'll get that done tonight and post first thing in the morning.

 

Just to clarify the 40 days doesnt start until they receive the letter (20th)? No matter what date I put on the original letter? It's a shame cos it could've added another 18 days or so onto it, but I spose everyoner could date their letter the 1st then send on the 30th only giving them 10 days to respond!

 

Bev

[Jane Austen]

The 40 days starts from when they recieve the £10. This is usually 1 or 2 days after posting, depending I suppose on the time of day you posted it. If it was recorded you should know exactly when it was signed for.

[Bev77]

In the letter they said that they received it on the 20th July, so if I post it tomorrow by recorded delivery it will reach them on the 28th which will leave 32 days of DPA request 'time' left, is this correct?

 

I'm following alanfromderby's template letter.

[Bev77]

From reading a lot of posts re Abbey, they seem to be fighting back, tooth and nail. They obviously know they are in the wrong, and don't want to lose all that money.

 

I've sent off the microfiche response, what should I expect to happen now?

 

I take it I'll either get no response or a letter stating the same microfiche stuff?

 

So do I just sit here still counting till the 40 days are up now?

 

I'm getting quite nervous after reading all the posts about them fighting back!

 

cheers

[Bev77]

Sent the microfiche response letter back to Abbey on 27/07 by rec del and heard nothing back.

 

Yesterday I get 2 letters (still at old address) from them, well bank statements. First one for April to May 05, the 2nd one from May to June 05.

 

Now I'm confused?!?!? Why have they sent me just 2 odd statements? Will they be sending each months statement out seperately or is this a one off? I've received nothing from them today. Will I get the rest of the statements at all?

 

Is this a usual tactic from them?

 

Any reply appreciated.

[Bev77]

I have still heard nothing back from Abbey, not even a reply nor acknowledgment of the 'microfiche' argument letter.

 

Their 40 days are up on the 29th August, so 15 days time.

 

I received the 2 statements mentioned above, but nothing since.

 

Do I just sit tight and if I still don't receive anything, them take them to court for non-compliance of the Data Protection Act request?

 

Any help appreciated.

[MARTIN3030]

Yes they still have plenty of time.

Its not unknown for them to send them out on the last day !!

 

[Bev77]

Ok, thanks for that.

 

Guess it's just sit tight and wait in hope, eh?

 

Thanks again.

Bev

[Bev77]

Well, what counts as the 'last day'? I have still received nothing from Abbey, not even a confirmation of my letter in response to their microfiche argument. Their 40 days will be up on Tuesday, and seeing as Monday is a bank holiday, does that meant that today/tomorrow will be the last day that i should expect something from them?

 

If I do not receive anything from them by tuesday, what is the next step?

 

Any help appreciated.

 

Thanks in advance

Bev

[Bev77]

Right, the 40 days are now up for Abbey. I've received nothing in todays post and as already mentioned I've only received 2 statements from them.

 

I'm looking through the templates library, and I assume I now send the Data Protection Act - Non Compliance letter, template no 2 from Alan? As I have received 2 statements, but nothing else and no indication of anything else.

 

How many people have taken this route? And how many has it worked for?

 

Do I need to send it recorded delivery? And do I need to send it to the same address I sent the DPA letter to?

 

Any help appreciated.

[Bev77]

*bump*

[Bev77]

Thanks Karne,

 

I'll give them 14 days from now, until after the 11th and the report. Fingers crossed it will be in our favour and we will soon see a HUGE influx of statements to everyone from them.

 

I'm not sure about sending the Prelim letter tbh, as I have NO idea at all of the charges, I wouldn't like to guess in case I go either ridiculously high or too low.

 

Although hopefully I won't need to, as we'll get the statements.

 

Thanks again for the help.

[Bev77]

Any news yet from the ICO? I've had a look about and can't see any postings. Wasn't it today there were reporting their findings? Or is it too early for them to let us know yet?

[Bev77]

Well, blow me sideways!

 

I've only received a COMPLETE transaction list for the last 6 years today!

 

Blimey guv'nor! I'm still in shock!

 

I've added it all up and it doesn't come to as much as I thought it would although it's still over £1k, so it'll still be better in my pocket than theirs!

 

Right then, Prelim letter to be sent 1st thing monday morning.

 

Hmmmm....I wonder if this is to do with the recent ICO vist? methinks yes!

 

Hope everyone else who is still waiting gets theirs soon, as well.

 

Bev

[Bev77]

Well, after the prelim letter was sent I've received this reply:-

 

Thank you for your letter dated 25 September 2006 about your bank charges. Since then I have fully investigated your complaint and i am sorry that I don't agree that the charges should be cancelled.

 

The reason for my decision is that, during my investigation, I noticed that our Debt Management department closed your account and that they tried to help you with your debt on this account by making special arrangements for you.

 

I have also reviewed the information received when you opened your account, including the terms and conditions. this explains that charges will be made if you do not keep to the terms of the account. I'm sorry that, because of this, I cannot agree to cancel the charges again. (again?!?!)

 

I am confident that I've been fair and taken into account all the points you made in your letter, but if you have any additional points that you'd like to discuss, I have enclosed a leaflet about the Financial Ombudsman Service, in case you are not happy with my investigation or desicion. If so, you should contact them within six months of the date of this letter, enclosing a copy of it, as they would need this for their investigation.

 

Yours Sincerely,

 

Lee Osborne,

Senior customer Resolutions Manager.

 

I take it, this is just another 'we are not paying up, so give up and go away' letter?

 

The bit that worried me is the bit about the Debt Management Dept, will that make any difference?

 

Can anyone clarify for me, if this is just a 'standard-ish' letter? And I can go ahead with the next step, the LBA?

 

Cheers

 

Bev

[Kerrie78]

I got the exact same letter apart from the Debt Management bit - mine was replaced with 'we have already refunded charges in the past and due to this will will not be agreeing to cancel the charges blah blah blah'

 

My next step is to file MCOL but I'm waiting til I've got the fee.

[Bev77]

Do you think the Debt Management bit makes a difference? Or not in the slightest? It's just another scare tactic?

 

I think I'll send the LBA off on monday anyway, I know they won't do anything with that anyway. It'll just leave me a step closer to filing with MCOL.

 

Thanks for your reply.

[Kerrie78]

To be honest I really don't know about the Debt management bit ( I guess I'm extremely lucky not to have mine sent that way cos we have lived in our overdraft for the last 3 years - one month they charged us £390 plus interest and it has just been impossible to recover despite both of us being in employment).

I would stick to your timetable and if the LBA is your next step then go for it. My reply came after the LBA so I have to file now.

Good luck

[Bev77]

Well hello! Sorry to say that this has fallen by the wayside a bit. After an awful end to last year (lots of family problems), I'm just about ready to start this up again. I'm now ready to file it with MCOL, just gotta find the £120 fee!

 

Been looking around, but can't seem to find any answer, so when are Abbey paying up? Are they as hard as LTSB (which I am also slap bang in the mddle of now)? Or are they one of the easy ones? N'wide paid up after acknowledgment stage of MCOL!

 

Whichever or what, I'm ready for a fight. Just gotta get that d@mn money together!

[ICY]

Abbey are one of the toughest to crack, but crack they will

[Bev77]

Looks like I'm in for another long-drawn out battle then! Oh well, it'll be worth it in the end! Thanks