Help! Abbey Hardship reclaiming

cali_

Hi I am confused.

I sent off the hardship template letter (as suggested by Martin) to Abbey requesting "a fully comprehensive list of all the default charges for direct debit, unauthorised overdrafts and standing orders I had paid since 27 July 2001".

Abbey sent a copies of the statement from January 2007 - July 2009.

Is this right? Should it only be 2 years? Do I have to re-send out the letter or is there a change in the dates?

Please help as I need to know what to do next. Thanks.

natweststaffmember

cali_ wrote: »

Hi I am confused.

I sent off the hardship template letter (as suggested by Martin) to Abbey requesting "a fully comprehensive list of all the default charges for direct debit, unauthorised overdrafts and standing orders I had paid since 27 July 2001".

Abbey sent a copies of the statement from January 2007 - July 2009.

Is this right? Should it only be 2 years? Do I have to re-send out the letter or is there a change in the dates?

Please help as I need to know what to do next. Thanks.

No it isn't, they need to do better than that providing the account was open in July 2001

Disni

ive just gotten same sent to me for the second time!!

cali_

natweststaffmember wrote: »

No it isn't, they need to do better than that providing the account was open in July 2001

Thank you natweststaffmember. That is all I needed to ring them up to make further enquires.

The lady I spoke to has said the information I received was everything they had on their database. Everything else has been 'ordered' and will be with me soon. She was very helpful and pleasant.

Disni wrote: »

ive just gotten same sent to me for the second time!!

I telephoned 01908 344 061, Data Protection Team. I hope that helps.

natweststaffmember

cali_ wrote: »

Thank you natweststaffmember. That is all I needed to ring them up to make further enquires.

The lady I spoke to has said the information I received was everything they had on their database. Everything else has been 'ordered' and will be with me soon. She was very helpful and pleasant.





I telephoned 01908 344 061, Data Protection Team. I hope that helps.

I've been chasing Abbey on this for WEEKS. The best they have come up with is:

"We can confirm that Abbey continues to comply with the terms of the waiver issued by the FSA."

Ok so if that is the case then the FSA wrote to them on 19th March 2009

"Waiver condition 13 (5)
This condition relates to the preservation of records that are (or could be) relevant for the
handling of existing or future relevant charges complaints.
As this requirement has been in place since the first waiver in July 2007, we expect that firms
will have taken pro-active steps to ensure that any systematic or routine procedures in place
for destroying or archiving old records have been reviewed, to ensure that such processes
could not cause the firm to be in breach of waiver condition 13 (5)."

What does that 13.5 say?
"(5) the firm must continue to maintain and preserve personal current account and other records concerning customers that incur or may have incurred unauthorised overdraft charges (whether or not they have complained) that are (or could be) relevant for the handling of existing or future relevant charges complaints by the firm, the Ombudsman, the court or otherwise; these records must be maintained and preserved in a way which ensures that they are as easily and readily available for the period until this condition terminates as they were when the 2007 direction started;"

WIll post this but I have more to add

natweststaffmember

"(14) the firm must not take into account the period between 27 July 2007 and the date of termination of this direction (the “stay period”) for the purposes of relying on any limitation period (or periods) or time limits within which complainants must:
(a) make relevant charges complaints;
(b) refer relevant charges complaints to the Ombudsman; or
(c) bring claims before the court;
and the firm must not otherwise limit any redress that may be due to the customer, when complying with DISP or otherwise, because of the stay period;"

13.14 states the above. They cannot use limitation periods to limit redress. So not complying with the FSA waiver on bank charges IS limiting redress and using limitations periods.

They are still NOT comply with the FSA Waiver.

cali_

Thank you for that.


Does that mean they would not come through?

natweststaffmember

cali_ wrote: »

Thank you for that.


Does that mean they would not come through?

I assumed they were telling you that they do not go back further than 6 years which total and utter rubbish and is a breach of the FSA Waiver on Bank Charges