Mechs and Mother (deceased) V halifax please help

[mechs]

Hi there good people

I have asked the HAlifax for my Data Protection Act request on 27th April and they replied with a list of charges amounting to £148, I both phoned them and emailed them asking for a full disclosure and recieved today another list of charges amounting to £349 and they offering £200 as a good will jesture I still have not recieved a set of statements from them, do I wait for the remaining time (6th june) to inform the information commissioner that they have failed to deliver my request under the Data Protection Act or can I write to the commissioner now?

this is an abstract from their letter what a laugh

quote "You have requested information on how we calculate our costs for dealing with these transactions. Please note that we are not obliged to under the data protection act to supply this information, and as it is commercially sensitive ,I regret to inform you that I am unable to comply with your request "quote

Signed Damian Robershaw

He also went on to say if I didnt manage the account properly they have the right to close it ........he can try ,,,,,,,,it was closed 3 or 4 years ago

[mechs]

Could i have an oppinion on this email I want to send to the Halifax please

Dear Mr Robertshaw,

Roll Number xxxxxxxxxxxx
Reference number xxxxxxxxxx

Thank you for your letter dated the 22nd May 2006.

However, I am unable to accept the offer of £200.00 from Halifax in full and final settlement of our complaint(s) regarding bank charges made on any of our Halifax accounts until I have received the full disclosure as I have requested. Of course if you wish to send a cheque in the name of mr mechs for the sum of £200.00 in partial payment then that is fine.

I would like to draw to your attention your statement in your letter which is and I quote "Turning to your request for an exhaustive list of charges . Whilst I acknowledge it is your legal right to apply formally under the Data Protection Act for all the records we hold on you, your request is very specific".
I have requested this information three times now twice by email and by telephone to one of your colleagues

In your last comunication you gave me a so called print out with £146.00 in charges, today I have recieved a print out with £349.00 in charges, Please explain the £203 descrepency.

My legal rights under the Data protection act is to RECIEVE the information asked for not a partial disclosure from yourself, you have broken the law by witholding information and unless I recieve the revelant information by the 6th of June 2006 I shall have no option but to start legal proceedings without further notice to make the Halifax comply with the Data Protection Act. Also I repeat my request about manual intervention

Perhaps this extract from the Data protection act will help clarify your position

Originally Posted by Data Protection Act 1998
7. - (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled-

(c) to have communicated to him in an intelligible form-

(i) the information constituting any personal data of which that individual is the data subject, and

(ii) any information available to the data controller as to the source of those data, and

(d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

You can take the £10 fee for the information from this bank account that I have with my wife
SORT CODE: xxxxxxACCOUNT NUMBER: xxxxxxx
NAME(S) mr and mrs mechs


Kind regards, mr mechs

[jonni2bad]

That seems perfectly reasonable, mechs.

I'm a picky so-and-so and have noticed a couple of grammatical erors, so have altered this letter slightly for you below.

************************* ************************* ******


Thank you for your letter dated the 22nd May 2006.

I respectfully decline your offer of £200.00 in full and final settlement of my 'complaint' regarding bank charges until I have received the full disclosure I have requested. Of course, if you wish to send a cheque in the name of mr mechs for the sum of £200.00 as partial payment then that will be acceptable.

I would like to draw to your attention to the statement in your letter - (quote) "Turning to your request for an exhaustive list of charges . Whilst I acknowledge it is your legal right to apply formally under the Data Protection Act for all the records we hold on you, your request is very specific".
I have requested this information three times now, twice by email and once by telephone to one of your colleagues.

In your recent communication you supplied a print out with £146.00 in charges listed, yet today I have received a print out with £349.00 in charges listed. With such large discrepancies, I think it wise to await an exhaustive list of charges before we discuss a settlement fee.

My legal right under the Data Protection Act is to receive the information requested, not a partial disclosure. You will have broken the law by witholding this information unless I receive such by the 6th June 2006, at which point I shall have no option but to start legal proceedings, without further notice, to make the Halifax comply with the Data Protection Act.

Also, I repeat my request for evidence of manual intervention.

Perhaps the following extract from the Data protection act will help you to focus on the issue.

(Data Protection Act bla bla bla is fine)

I authorise you to withdraw the £10 fee for this information, should you wish, from my account number XXXXXXXX

************************* ************************

[mechs]

Thanks Jonni you are not as bad as your name suggests ROFL

[mechs]

the wife is very happy that you amended my letter

[mechs]

HI again just an update

I really do not trust the Halifax why? you ask

My first computer read out lists charges as below

2001-10-31 30.00dr
2001-11-30 30.00dr
2001-11-30 30.00dr
2001-11-30 28.00dr
2002-01-31 28.00dr
---------
146.00dr
the second printout recieved yesterday reads

2000-02-01 75.00dr
2000-03-01 75.00dr
2000=09-01 25.00dr
2001-03-01 28.00dr
2001-12-01 28.00dr
2002-02-01 28.00dr
2002-11-01 30.00dr
2002-12-02 60.00dr
--------
349.00dr

So as you can see two different so called print outs, two different lists of charges £349+ 146 equals £495 or least it did when i went to school,
what worries me is do I now trust another print out from them, and also how many others in here have relied on a print out rather than statement copies

If admin want these printouts to look at they are welcome, just pm me with an email addy

I am so angry at the moment I am sitting on my hands to hold back yet another email to mr Robertshaw telling him what I think of him.

Perhaps I ought to inform the banking ombudsman, or just leave it untill june 5th when the time is up for them to comply with my Data Protection Act

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[mechs]

Hi I have recieved two lots of computer prinouts supposedly under a Data Protection Act subject access request and both printouts are for different amounts one for £146 and one for £349, the one for £349 does not include the charges in the printout for £146.
Just to warn you all, be careful of computer printouts

You can follow the story under mechs and mother (deceased)v Halifax

Thought I better merge these two...

good luck

Lou x

[mechs]

Originally Posted by Lueeze

Thought I better merge these two...
good luck
Lou x

Hi Lou,

I put it in under a different thread because I wanted people to be aware that the Halifax sent me a computer print out rather than copy statements and the fact that they were incomplete, so if I had gone by the first printout I would have been over £200 pounds short

Thanks for the good luck xx

yep alot of us are having problems, I today got a print out from Woolwich with bits missing, it seems par of the course! They are all incompetant!

[mechs]

Originally Posted by Lueeze

yep alot of us are having problems, I today got a print out from Woolwich with bits missing, it seems par of the course! They are all incompetant!

Awwww best of luck Lou.

I recieved a big brown envelope today with a load of statements shame it was for another account with them (that was my fault thoughI didnt put the details in, only an account number where they could take the £10 from) I phoned them up and by the time we had finished talking I felt like I was the guilty one the exscuses she made for her colleagues incompetence .......my second lot of charges are not on their system how strange ...is it a different account number .......no .......well £146 is all thats showing up .....and the charges are not unlawful you want to look on the oft website they say we can make a charge ...and we have offered 6 moinths of charges back ....so its now left if I dont recieve my Data Protection Act request in full by june 6th I am taking them to court. and if they dont cough up my charges I am taking them to court ....fed up yes .........giving up NO

[jonni2bad]

You've got to love 'em

[mechs]

Originally Posted by jonni2bad

You've got to love 'em

what like a dog loves fleas LOL

[mechs]

Hi Guys and Gals just an update and some advice please.I have today had copy statements in the post on adding them up it amounts to £424 on the print outs which they sent me previously the amount was for £495 yet when I add them up it amounts to £514 (as they dont all tally up together) do I now go for the £514. Their time for giving me a Subject Access Request runs out on June 6th Any advice would be greatfully recieved

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[jonni2bad]

Re: Data Protection Act non-compliance

Have a peek HERE for letters you can send

Re: Charges total- if you think the higher amount is correct, and you have not duplicated any charges, then go for that.

[mechs]

Originally Posted by jonni2bad

Re: Data Protection Act non-compliance

Have a peek HERE for letters you can send

Re: Charges total- if you think the higher amount is correct, and you have not duplicated any charges, then go for that.

Thanks Johnny I am not sure even now if they have supplied all the details because why are there charges missing from my statements yet on my print outs neither an explination to me asking why there is a difference so am going to go for a non compliance I think

[mechs]

This is what I have sent

LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998

Dear Mr Robertshaw
Account: xxxxxxx Your reference xxxxxxxxx.


I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 27th April 2006 Despite several requests for this information the disclosure of personal data is incomplete in that at least the following documents are missing.

1) You have failed to provide a complete list of transactions and charges. (for instance there is a charge you sent to me on a print out on 31/10 01 for £30 and another two on 30/11/01 for £30 each ) these charges do not appear on my statements

3) You have provided no notes, or documents relating to instances of manual intervention

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

As you previously withheld the information requested, in as much you sent me originally a printout for £146 of charges

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.



As the original Subject Access Request runs out on the 6th June and it is now the weekend I will give you a further seven days to comply.

Yours faithfully,

Mechs

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[mechs]

Well guess what no reply from the Halifax, the thing is do I send another letter threatening court action (already sent the prelim one) for partial non compliance of the data protection act or do i go for the throat? and take out a court order ( its been 48 days now since my first Data Protection Act application) the details on a print out and on the subsequent statements dont correspond, see above can i also ask for a copy of my original contract that they keep on about, after all I cant let jonni have all the fun I want some as well

[jonni2bad]

It's court action now - the letter you send was LETTER BEFORE ACTION so no further time is necessary.

If you start a court action for non-compliance, there is nothing stopping you from a separate claim now for monies, using an estimated amount until they are prepared to give the full details.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[mechs]

Jonni, originally they sent printouts, then further to an email from me, they then sent statements ... but the statements don't tally with the printout. So I'm at a loss of what to do.

mechs