I have just received the following response from Abbey regarding my request of subject access rights:

"This account was redeemed in October 1996 and the details have since been deleted from our computer system. The data protection act only covers information held on computer and therefore you would not receive any paper based files. However, it is possible that the mortgage centre has retained some manual records. Although we are not obliged to, if you let me know if there are any specific details you require, I am happy to contact the centre to see if they have a record of the information."

I currently still have DLA breathing down my neck to complete the Income and expenditure form and they wont send me a copy of the indemnity (even after a solicitors letter requesting this) which I still say was mis-sold. I feel like I'm banging my head against a brick wall and getting nowhere.

Does anyone know what my next move should be?

-- Joanna Berry (foxwood60@aol.com), October 24, 2000

Answers

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.

-- Tony Hayter (Tony@Hayter.com), October 24, 2000.

Keep insisting on seeing the MIG policy. They would probably have to produce it in court, so as long as they won't produce it you know they don't want to see you in court. Just an opinion.

When did you buy the MIG? (The older the better.)

-- Eleanor Scott (eleanor.scott@btinternet.com), November 25, 2000.