Magnum v Abbey

[Magnum]

Hello All

 

Well I discovered this site last night after being so incensed by Abbey's fobb off letter. I wish I had discovered sooner I will now go back and request statements for the previous 4 years following instructions on this site. Basically wrote to Abbey claiming refund of charges for past two years which totalled approx £1062.00 off the top of my head. Received a some what lengthy letter which basically advised that a one off goodwill payment of £35.00 has been credited to one of my account's and the bank had already shown some flexibility by refunding charges on the other in the past (charges refunded previously have been in most cases due to bank error not mine). Advised an investigation has been carried out and no further refunds will be applied. Then more info re charges being in line etc with other banks. This has made me more determined to see this through. Have just applied for CAG small claims advise pack will apply for statements and take it from there.

[cheddar]

Good for you magnum and keep going, you will get your money back. Please start a thread in the abbey forum so you can update us with your progress and make it so we can help you should you need it.

 

Thanks.

[Magnum]

Hi need a little advise really.

Applied for statements from abbey via Customer Complaints Centre on the 29-11-06 as the assistant was so obliging so did not make written S.A.R - (Subject Access Request). £20 was deducted for statements on 18-12-06 how long do I wait before chasing them?

 

Also received letter from Abbey Complaints advising that following my letter four weeks ago to customer services copy sent to complaints they need another four weeks to look into the matter and would advise me if they need longer than the 8 weeks. Has anyone had the same?

 

Thanks

[susanne007]

why 20.00 i was under the impression that it was 10.00 no matter how many accounts you have with them and the one off payment covers them all

[chorlton1]

Absolutely - £10 is all they can take for all information they as Abbey can charge you if you make an S.A.R - (Subject Access Request) under the auspices of the Data Protection Act - doesnt matter if you have 1 account or 12......

[Glenn UK]

FWIW

 

Magnum hasn't asked for statements under the DPA so the bank can charge what it likes as long as the customer is willing to pay the fee.

 

Since the request for statements is not a SAR then you can chase them everyday and probably should, they are not under any obligation to provide the data in any specific time frame.

 

However, you could write to them and tell them you want the data under the DPA and tell them that since they have already taken 20 quid that they have 40 days to comply.

 

They may write back and say that you need to pay another tenner then you have a choice, pay the extra or wait till the statements turn op from your earlier request.

 

HTH

 

Glenn

[chorlton1]

whoops, didnt spot that, Glenn is absolutely correct....although still feel you could try and reapproach with a new request for an SAR and ask them to refund the extra tenner as £20 is a pretty random number given they either charge £10 under the DPA or per statement which would certainly be more than £20 in total...

Having said that, your request has been with them for a while so it may be asier sitting on your hands and waiting for the original request to be fulfilled (and, as Glenn suggests, chase them regularly)

[Magnum]

Hi All

 

Let's hope it is a Happy New Year. Thank you for the information I guess I will try and chase the original request as it's been a while. Customer complaints advised at the time charge would be £10 per account so I just went with advise. If I get no joy from chasing will try SAR approach after 14 days.

[Glenn UK]

Hi All

 

Let's hope it is a Happy New Year. Thank you for the information I guess I will try and chase the original request as it's been a while. Customer complaints advised at the time charge would be £10 per account so I just went with advise. If I get no joy from chasing will try S.A.R - (Subject Access Request) approach after 14 days.

 

magnum

 

best of luck, and 14 days is up to you, but why compromise?

 

I would give them 7 calender days and then crack on, they are unlikley to do you any favours.

 

JMHO

 

Glenn

[Magnum]

Hi Glenn

 

Thanks for the advice now that I really think about it they have already had from the 18-12-06. I will chase tomorrow and then do S.A.R - (Subject Access Request). If no joy from Customer complaints.

[Magnum]

Hi Need some advice:

 

Contacted Abbey 4th Jan told that statements should be with me shortly as payment deducted 7-10 working days. checked my account this morning Abbey has credited 2x£35 1x £20 and 1x £30 refund on the 5th. No statements received and no communication advising that this was going to happen. Do I need to contact them re: credits being payment towards claim? As I have not received the statements yet I am not sure what the total of my claim will be my initial claim was £1062 for past two years but have since asked for previous 4 years statements.

[Magnum]

received letter from Abbey today basically advising that charges do not contravene the unfair terms in consumer contracts regulations. Gesture of goodwill £120 refunded. Letter goes on to state that terms provided to me when account was opened are fair and open etc. Ending with I am confident that I have been fair and taken all points into consideration and advises me to contact the Financial Ombudsman within 6 months if I am not happy with the decision. Then hoping that we can work together to help avoid charges in the future.

 

Where do I go from here? Do I need to respond to this letter or just wait for the statements and continue claim.

[Mad Nick]

No statements yet ? I think they're messing you around because you didn't go straight in with an SAR.

 

Their letter is their bog standard (deliberate choice of word !) line. Assuming you're not accepting their GOGW in final settlement (and how can you know if you haven't got all the statements ?), you need either to reject or accept in partial settlement (there are draft letters around). Weave into the letter a reminder about the missing statements.

 

I couldn't work out what you have and haven't paid for the statements and whether you have or haven't done an SAR. All I'd say is that if you haven't done an SAR yet, I would just do one anyway (as if you had never asked them nicely - let them work out the link). It will probably be £10 well spent in the long run. As I say, I think they are just messing you about. Regards, Mad Nick.

[Magnum]

Hi Nick

 

I am definately not accepting their GOGW so need to look at templates. Have just completed SAR (today). I will send them both together and see what happens. I previously paid £20 for statements ( £10 debited per account).

 

I am getting stressed out by all of this already and I know that I still have a very long way to go. Thanks for your advice.

 

Regards Magnum

[Magnum]

Hi Everyone

 

Not been on for a while waiting for the infamous Abbey to send statements. Statements received now with periodic months missing but have decided to press on as I am fed up of their delay tactics.

 

I had previously sent LBA prior to joining CAG with charges based on the last two years after a series of correspondence with various departments received total of £155 GOGW. As I now have nearly a full 6 years statements which I need to load onto spreadsheet.

 

Should I start the whole process again or do I go straight to the Court stage not sure what the next step is as Abbey will not be aware of total of new claim before action does this matter?

[Magnum]

Hi please can anyone help. Started this what seems like centuries ago (8 months) and am really about to give up as I must be going wrong somewhere. Abbey have taken for ever to provide me with the correct info. Sent them all the relevant requests, so am working with what I have. Sent all the relevant follow up letters, details remain incomplete. Reported Abbey to the Information Commissioners Office last week for breach of data protection awaiting response.

 

I submitted my LBA to Abbey 31-03-07 with schedule incl contractural interest. Was having doubts about contractural but have read up quite a bit since then so going for it as I have already included this in LBA anyway. Now at N1 stage and have discovered Mindzai spreadsheet which I have switched to and added additional charges from info received after LBA issued.

Can I just submit my court claim with new information or do I have to send Abbey a new LBA?

Any help appreciated am getting desparate now.

 

Finally completing court doc. In brief details of claim have inserted. Amounts debited in respect of charges and interest charged heron.

 

Also wanted to include:Retention of the right of further action in relation to defendants breach of section 6 of the data prtoection act.

 

Have filed complaint with ICO on the 5-05-07 their response 18-05-07 indicates that Abbey are in breach of section 6 DP act but not sure if this should be included in my claim as they will be writing to Abbey with my complaint at the end of this month.

 

I am still confused by this whole process even though I have been reading for weeks. Just when I think I'm getting somewhere something new comes up.

[Magnum]

Sorry if I am being a pain in the butt.

 

Decided to go with this in brief description instead can anyone let me know if I am correct or not. Thanks been at this all day now and I really feel like giving up.

 

AMOUNTS DEBITED IN RESPECT OF CHARGES AND ANY INTEREST CHARGED THERON.

 

ORDER TO ENFORCE COMPLIANCE IN RELATION TO BREACH OF SECTION 6 OF THE DATA PROTECTION ACT, TOGETHER WITH DAMAGES AT THE DISCRETION OF THE COURT

[Magnum]

Hi

 

Not sure if anyone can help me at this late stage as AQ is due in today but as Hubby has been in hospital for the past 3 weeks between fulltime job 2 kids and hospial visits have not had time to get on sight.

 

Have searched all night hence hence red eyed and fuzzy brains but cant seem to find answer. My claim includes order for non-compliance but I do not have a clue what to put on AQ about this or if I need to put anything.

 

Am using AQ new approach with Draft directions for the rest re: charges.