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Response to Response from Abbey re SAR

from Tony Hayter (Tony@Hayter.com)
Hi Joanna,

The "account was redeemed" in October 1996 indicates what? The word redeem according to Webster means "to buy back". Therefore who bought back your account? You need first to write back and ask what exactly in "Plain English" they mean by "account was redeemed" and does it mean settled? If the account details were deleted then surely that meant there was to be no continuance of action regarding this account, including debt recovery, otherwise it would not have been deleted surely? Question them on this.

Also question whether any data is being held at all on you as the subject by Abbey National in any of their Registry Entries on the Data Protection Registry: www.dpr.gov.uk They have over 20 entries as Abbey National PLC and that is not including all their subsidiaries. It may help to visit the site and note the entry reg. numbers and quote them so that they cannot give an obscure answer.

The only required document to legally access ANY of the data held on you as a subject by the Abbey National is the standard SAR letter (Example on the Data Protection Commissioner's web site www.dataprotection.go.uk) If they send you a form to fill in or to tick boxes you should be suspicious of their intent and state that you require any data as held under ANY of their DPR entries. If you filled in such a form and now believe you may have been deceived then write a formal letter of complaint to the Data Protection Commissioner. Do NOT let them erode the rights given to us by Parliament!

If they are claiming an alleged debt from you they are legally obliged to provide "Strict Proof" of the debt. If they have deleted the computer records (Accidentally or otherwise) they must be basing the proof on paper records which were possibly produced from the computer data. You must therefore demand these.

The Abbey makes great play of the fact that they will pursue you for an alleged debt for up to 6 years (12?). Therefore you must question how credible it is that the computer records were deleted based on this.

Stick to your guns and do not be intimidated by DLA. Just tell them you will complete the I&E form if and when they have explained the loss of data which was yours to see by right under the DPA, Strict Proof of the alleged debt and full disclosure of all documents concerning valuation,marketing and sale of the property.

If just one lender does disclose these details, i.e. the Halifax as in my case (Though not quite all as yet!)then it begs the question what have the Abbey got to hide? Ask them this as well.

(posted 8579 days ago)

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