Panther-v-Co-op **RESULT**

[panther12]

I sent my Data Protection Act request dated 13 April and they replied a week later saying arrangements will be made to forward this information to you within 40 days of the date of this letter (which is dated 20 April). I've not received anything yet but was wondering if the 40 days starts from my letter or theirs.

[mahala]

the 40 days starts when they have both your request and your £10 payment - not from when they choose to answer your letter.

[panther12]

Yes they didn't waste much time cashing the cheque but don't seem to have the same enthusiasm in giving me the data! Not surprising really as we believe this to be quite a substantial amount.

[Movingon]

In that case the date it began is the date they cashed your cheque... as it was enclosed with your letter.

[mahala]

Originally Posted by StoneLaughter

In that case the date it began is the date they cashed your cheque... as it was enclosed with your letter.

I think in this case that it begins the date the letter was received, as payment was enclosed. If they (for instance) chose to wait a week to cash the cheque, the 40 days would already have started.

[Movingon]

Fair point, well presented... I stand corrected LOL :P

[panther12]

They have now sent the statements going back 6 years. I did ask for transaction details from when the account was opened as I believe there were a number of charges going back further than this, but I guess they only have to supply 6 years. I've totalled it all up and the amount of charges they applied is £910 so I will now use the prelim letter and include a sheet detailing all the dates & charges I want refunding.

[comanche]

Originally Posted by panther12

They have now sent the statements going back 6 years. I did ask for transaction details from when the account was opened as I believe there were a number of charges going back further than this, but I guess they only have to supply 6 years. I've totalled it all up and the amount of charges they applied is £910 so I will now use the prelim letter and include a sheet detailing all the dates & charges I want refunding.

No, that isn't correct. They have to supply you will all information held about you that's covered by the Data Protection Act. It doesn't matter if it's 6 or 60 years old. If you believe that they haven't fully complied write to them and tell them. You can if you like threaten them with a complaint to the Information Commissioner and a mandatory injunction for disclosure under Section 7 of the DPA.

[panther12]

Originally Posted by seminole

No, that isn't correct. They have to supply you will all information held about you that's covered by the Data Protection Act. It doesn't matter if it's 6 or 60 years old. If you believe that they haven't fully complied write to them and tell them. You can if you like threaten them with a complaint to the Information Commissioner and a mandatory injunction for disclosure under Section 7 of the DPA.

Thanks Seminole, I am doing this on behalf of my brother and he tells me that there were many many charges on the account going back about 10 years prior to the 6 year statements they sent, so I would very much like to have those details.

I did send off the prelim letter yesterday requesting the £910 from the 6 years statements they sent. I will write back again and request ALL the information they hold. As I have already started the ball rolling claiming back the last 6 years charges, do I carry on as I am and then when I receive the previous statements start another claim to recover those?
Thanks.

[panther12]

I sent a Data Protection Act request for all the information relating to the account since it was first opened. On 23 May they sent me copies of the last 6 years statements which totalled £900 in unlawful charges. I have started a claim for the £900 but believe there are also many more charges going back past the 6 years. I wrote back on the 28 May informing them that the have not fully complied with my Data Protection Act request as I require ALL the information they hold and not just the last 6 years. If the data has been destroyed or no longer exists I asked them to confirm that to me.

I have now received another bundle of statements but the silly buggers have only gone and sent the same identical statements as before (except this new bundle of statements starts from June 2000 whereas the last bundle started May 2000 - that May month alone contained 2 £15 charges).

Before I send them another letter can I just confirm from the more knowledgeable of this forum if I am entitled to receive a list of transactions & charges going back beyond 6 years? Thanks

MODERATED : threads merged , please keep to your original thread when updating , thanks

[callumsgran]

I think at the moment the law says we can only go back 6yrs, i may be wrong but i dont think i am. someone will put me right i'm sure

[Janet-M]

You can request all information on you that they hold .They must keep information ,by law ,for 6 years.

[Movingon]

There is a way for us to TRY to go beyond the six years; but it is as yet untried. The Statute of Limitations Act says that if "they" concealed from us that their charges were unlawful, then the six years to mount a claim begins on the day we find out. However, there are other laws which state that organisations have to hold financial information for six years. It's just possible that data older than six years has been deleted.

One thing though; under the Data Protection Act, if the bank DO hold your data for more than 6 years, they must supply it all. So like seminole says, if data 60 years old exists about you in a relevant filing system, they must supply it.

I just think that they've deleted it, that's all.

LOL - mjanet said what I said... only much quicker :P My only excuse? I was writing at the same time as her... lol.

[panther12]

At the moment I have started the claim for the £900 charges contained in the 6 years of statements they supplied but if I can get hold of the pre-6years charges I estimate those to be around £1,500 to £2,000 so think it is worth also pursuing that as a separate claim if I can get hold of the details of those charges. I've read up on the Limitation Act threads and understand that it will be a less certain outcome but a risk willing to take.

Regarding the claim, I sent the prelim letter and received a reply saying they will investigate and will be in contact within 7 days. This week a letter arrived saying they regret to advise that the enquiries are not yet fully complete and a full response will be sent as soon as the outcome of the enquiries are complete. I'm not sure if they are giving me the run-around or stalling tactics but I will give them extra time and if I don't hear anything within the next week or two I will issue the LBA.

I sent the below letter on the 28 May to the Data Controller and they replied with an exact same letter and statements that I had already received (minus the May 2000 statement as that has now dropped off the 6 year cut off period). I will send another letter regarding non compliance of the Data Protection Act but I'm thinking it might be best to keep everything under one roof and address it to the same Customer Relations Advisor who is dealing with the claim.

-----------------------------------------------------------------------------------
Data Protection Act disclosure request

Dear Sir/Madam

Account: xxxx xxxx xxxx xxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request. The disclosure of personal data is incomplete in that you have failed to provide a complete list of transactions and charges.

You have provided me with details of the account covering 6 years starting from statement dated 26/05/00. My request was for you to furnish me with all personal data from the inception of my banking business with you.

I do understand that you are not obliged to keep data longer than 6 years, however, should that data exist then I am entitled to a copy of all the data you hold. Under section 7 of the Data Protection Act 1998 I am entitled to any information which you hold on me (not just the information covering the past six years).

If it is the case that you have destroyed all information that is over 6 years, then please confirm that to me. Otherwise I require you to furnish me with all personal data you hold in accordance with the Data Protection Act.

Please note that time for compliance with my request will shortly expire.

Yours faithfully,
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[Movingon]

Good letter... that should shake them out of their beds!

Maybe you should also remind them that failure to comply within the 40 days will result in a complaint to the Information Commissioners Office and possible proceedings requesting an order that they comply.

(Tell them that, but because it's so close to deadline now, give them a bit of time to assimilate this letter before you DO either of those things).

[panther12]

Received a phone call from the Co-op who said they kept no data over 6 years old! It's a shame as my brother estimates the amount of charges he paid going back over the years would have been around 1.5 to £2000. I've read posts about issuing an estimated claim where the banks have failed to provide details of charges - but I guess that is not possible for charges over 6 years without having actual proof of the charges?

Regarding the present 6 years charges they said another department is dealing with that and will hear shortly.

[panther12]

Just an update; I should have done this earlier but having received yet another bog-standard letter saying their enquiries are still ongoing, I've now issued the LBA.

I've given them more than enough opportunity to sort this so if they can't decide on a date when their enquiries will be complete - then I will!