Is the pressure getting to Abbey?

[Seminole]

Interesting. The consensus seems to be that I should delay issuing proceedings for a while. What is the downside of not waiting? In other words how could the claim go wrong if I went ahead now?

[Robertxc]

The chances are that nothing will go wrong. In all probability if you claimed for say an estimated £2000, when actualy they only owe you £1500, they will probably just write to you and point this out. If you do get to court and the amount is wrong there are a couple of things which could happen. Realising that your claim is technically incorrect, Abbey could go to court and try to have your case thrown out. This is quite unlikely, but a possibility. A more likely scenario is that you would get to court, the incorrect amount would be pointed out, and the judge would adjust your claim accordingly.

 

The problem really is that you're putting yourself a little bit in the lap of the gods by deliberately going into a court action without being 100% certain of your facts. This is just never a good idea, particularly if there is no need to do it. I'm assuming you're going to be claiming back charges from several years ago? If so, is there really any harm in waiting a few weeks longer just to make sure you have all your ducks in a row?

[Seminole]

Well I got home this evening to find an envelope from Abbey containing lots of screen prints! Unfortunately, none of them contained any information about charges.

 

A couple of quotes from the covering letter:

 

"I can only apologise that you were not notified that the fee would be required before being able to process the Subject Access Request and as such we will be dealing with your request as a matter of urgency."

 

"I have enclosed some data that is readily accessible to me on our current systems..."

 

"Please note that historical information can only be retained if there is a legitimate reason for processing the personal data in accordance with the rights of the individual. Therefore due to the time that has elapsed since some of the accounts have been redeemed or closed, the original files may have been destroyed in line with our retention policies".

 

On the basis that do at least seem intent on responding to the DPA request, I'll hold fire on legal action for now.

[alanfromderby]

I may be wrong, but wouldn't banks be required to keep records of closed accounts for seven years in case they became part of an Inland Revenue investigation?

[Seminole]

Yes, that's correct. I think (and certainly hope) that they're talking about a very old savings account that was opened when I was about 6 and closed in the early nineties.

[joneshousehold]

Here is the HMRC (previously Inland Revenue) guidance book

 

http://www.hmrc.gov.uk/pdfs/sabk4.pdf

 

The general rule is 6 years and the types of info is on page 3 of the leaflet.

[Seminole]

This topic was closed on 03/06/19.

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