petedoyle vs abbey national - possibly???

[petedoyle]

Hi all

 

in short i held an AN account between 1992-1999 and had loads of charges and stuff on the account, is it worth me trying to reclaim back any of these despite it being over the 6 year deadline? how sucessful are these claims that go back further than 6 years - what are my rights? where do i stand legally?

 

i have seen in other peoples threads that there is some rule/law that enables you to go back further than the normal 6 year rule...but you have to phraze it a certain way i believe?

 

if any one can point me in the right direction, i have made other claims so i kinda know what i am doing to send an SAR/LBA - just need to find out how to go about it and phraze it correctly.

 

also i cant find any statements - how do i go about finding my account no? (i have forgotten it)

 

Pete

[noobrider]

Yes you can go beyond the 6 years and the phrase you are looking for is statute of limitations. Essentially the argument is that the banks deliberately hid the nature of the charges and therefore they are no longer statute barred. The general forum has a fair bit of info in it about this...do a search in there.

[petedoyle]

thanks noobrider - appreciated, do i just send them a 'normal' SAR request letter - or do i go and mention the fact that the statments i require go beyond the 6 year deadline, or do i fess up from the off....and say the bit about it statute of limitations? got my £10 cheque already written out and letter addressed ready to go..............

[noobrider]

you will have to tailor the SAR letter to state that you want it dating back to the begining of the account

[petedoyle]

oopps - sent off already - but i think i sent it without that bit, ill wait and see what they say back to me in their correspondence, i think the way i worded it made it clear that i was reffering to the accoutns complete banking history. thnaks again noobrider

[petedoyle]

HELP! just got back letter today from Abbey saying "i am unable to provide any information at this time as i have been unable to locate the account. the accoutn number you have provided does not match the customers name you have given" ??? please re-submitt the correct customer number accoutn number to us and we wil then be bale to order the statements.

 

now, i must admit, i DID speak to someone the other week who gave the account number and it DID sound excatly like the one i used to have. so i sent off the SAR.

 

1. is this a stalling tactic? has anyone else recived a reply like this?

2. my account was open from 1990-1999, i know its beyond the 6 years threshold, but im going to go beyond the normal time and go for the 'statute of common law' angle.

3. do i re submit and give them additional info to help them 'locate my detials'

4. is it possible that becuase its a closed account the detials are sittign in some archive system somewhere?

5. do i also remind them that even though theyve not been able to provide me my statments that they still only have 40 days to comply with the SAR request. if they dont supply me this info within the 40 days - where do i stand? can i still pursure some kind of action?

 

any help to my questions would be realy apppreciated

 

thaks

 

P

[petedoyle]

bump

[petedoyle]

anyone able to help answer some/any of my questions?

[Lula]

Go back to the customers services and see if they can give you another account number, use any name or address that you have been in and see what they come up with

[chrisking1962]

hi pete,

as LuLA say's ask them for the details you used to have as I had the same problem with the Yorkshire bank but that was my mistake I was a digit wrong, but they did help with my past address etc and which branch i held it at, so they should help you, just don't let on it's because your gonna claim against them or they may be very awkward, as i said I was only a digit out and found my statements just incase they did'nt help, it just puts you back to the start thats all.

Keep going, and you'll get there.

regards

chris

[petedoyle]

thnaks a lot guys keep you posted

[petedoyle]

HELP!

over 40 days has expired and abbey have not complied with the SAR equest. they have responded on 24/07 sayign they need another 4 weeks i am about to send them this letter - if anyoen can add/suggest any points i could put into the letter?

 

Dear Sir/Madam

I received your letter dated 24th July 2007.

Whilst I appreciate the fact you have a lot of enquiries similar to mine I must stress that you have 40 days to comply with SAR request. The date been 31st July 2007 when your deadline to comply ends.

As you have now not complied with this SAR request you are now in breach of the Date Protection Act 1988. I am now sending all of my correspondence to the Banking Ombudsman and the OFT to show you have breached this compliance.

May I also take the opportunity to remind you that non-compliance is actually breaking the law. And the courts take a strong view against anyone breaking this law.

I will now pursue any means available to me to take this to the court and pursue a claim through the courts for non compliance.

Yours faithfully,

 

Peter D S Doyle

 

 

also - where do i stand with it all? as they havent given me the statements i have asked for - can i sue them for non complience? whats the next step?

 

Pete

[petedoyle]

bump.......

[Lula]

Hi Pete, have you received an statements at all? di8d you manage to et the correct account number?

[petedoyle]

no, NO statements at all. i did manage to get the correct account number (it was my mistake in the first instance) all correspondence since has quoted the CORRECT account number.

 

its just now i have no statements, theyve gone over their 40days for the SAR request, and asked for another 4 weeks - i just need to know what my next move should be as they havent complied with the SA which is really serious right?

 

P

[Lula]

pete, contact sheena.small@abbey.com tell her, see what she can do

[petedoyle]

thnaks lula - have done so now, keep you posted

[ICY]

I reported HSBC and LLOYDS to the Information Commissioner office and they have sent the statements fairly speedily after Information Commissioner got in touch with them.

 

Try the email route first and if you still have no joy then go to the IC, hope you get sorted soon

[petedoyle]

ok i have had a reply back from sheena but im still waiting for data even after her 'you should have it within 7 days time' still waiting for it, so how do i get in contact with the ICO - has anyone got a name and address i can have and any template for a letter i can use please?

 

many thanks

 

Pete

[kieobrown]

can anybody help me as to find a list of sucsessfull charges claimed back from abbey national

i did have a list from yorkshire bank but cannot find this again

hope somone can help im running out of time

thanks

[petedoyle]

hi all, just got this in on email...

Dear Mr Doyle

I had forwarded your request onto the respective business area dealing with this kind of requests however, after receiving your email today I made further investigations myself.

From my initial enquiries I understand that your account was closed with an outstanding balance on 18/09/2000 and in view of this it is likely that due to the time already elapsed since your account was closed (more than 6 years), the original transactional account records will have been destroyed in line with our retention policies.

However, I have asked the business to send me all the data held about your account and I will forward you my findings as soon as it has been retrieve. Again, I can only apologise that you have not received an appropriate response from the business in respect of your request.

Kind Regards

Sheena Small

 

 

what do we make of this??? what shall i do?? where do i stand on this? really need some help on this - someone? anyone?

[petedoyle]

hi all, just got this in on email from sheena, but where do i stand on all of this? can anyone someone help me please? really keen to learn or know where i stand and what i can do. i thought they had to keep statements longer than 6 years. is she trying to fob me off here? i am trying to get all the statements that relate to the account from 1990-2000

Dear Mr Doyle

I had forwarded your request onto the respective business area dealing with this kind of requests however, after receiving your email today I made further investigations myself.

From my initial enquiries I understand that your account was closed with an outstanding balance on 18/09/2000 and in view of this it is likely that due to the time already elapsed since your account was closed (more than 6 years), the original transactional account records will have been destroyed in line with our retention policies.

However, I have asked the business to send me all the data held about your account and I will forward you my findings as soon as it has been retrieve. Again, I can only apologise that you have not received an appropriate response from the business in respect of your request.

Kind Regards

Sheena Small

[petedoyle]

bump.....

[chrisking1962]

hi pete,

they wonthave destroyed them, they are not allowed to and they will probably have them on microficshshshshshs thingy.

 

keep at em!

 

oh mr bankmanager KKKKKKKKKKKERRRRRRRRRRRRCHINNNNNGGGGGGGGGGG Another £1.26 daily interest. :D

 

stay fresh peeps

 

regards

 

chris

[kieobrown]

how do i calculate my daily intrest?

 

when i started my claim back in january i calculated my intrest based on 8% of what i was claiming (£1800 approx)

 

so now am i able to claim a daily intrest on top of this untill my court date (sept 7th)

 

this confuses the heck out of me, any help greatly appreciated