The issues raised by Llloyds bank defences and claiming beyond 6 yrs

[Pen]

Hi everyone, further update on my quest for my Subject Access information. As you know, I have been in contact with a Janet Ayres the poor lady from data Protection Department who informed me that for some reason the departments involved with processing the information will for some reason not let her process mine. I asked her if she could write to me with a reason as to why this is. I recieved this letter from her today.




Dear Pen

I refer to our recent telephone conversation in respect of your request for your Information under the Data Protection Act.

As explained, this data is produced from a separet department and i emailed your requested to them again following our intial conversation and, again following your subsequent telephone call. if you feel that your request has not been compiled with it will be nessasary for your to contact the copy statement unit for an explanation.
Please except my apoligies for the fact that i was unsuccesful in collating further data relating to your accounts and, should you have any queries in the future, do not hesitate to refer to our customer service requvery department.

yours sincereley

J L Ayres.
Data protection Unit.

So still no joy there then. by the way I have also wrote to the copy statement department on 2 occashions so far they have ingnored my letters.

I've now given up trying to get this information myself from the bank, i am going to place my confidence in the judge, lets see what he orders next month at the disposal hearing

Pen

[bluedannyw]

I have just had the standard bog off letter form tsb saying that they are not penalties but charges for their service. Now that shows they are covering up charges and can now be seen as concealment, has anyone sent an lba letter confronting this issue and then saying if they do not pay up they will be claiming back for further years. Then to say as an offer of goodwill I will accept this payment and agree not to go back further. I haven't got the statements further back and will probably not ever fget them, but maybe this will encourage them to settle before court action!

[elsinore]

Originally Posted by Pen

I've now given up trying to get this information myself from the bank, i am going to place my confidence in the judge, lets see what he orders next month at the disposal hearing

Pen, I don't care who the people are who are withholding information from you, or why they are doing it, they are breaking the law!

I think you should write to Ms Ayres to remind her of her legal obligations under the Data Protection Act and advise her that you have sent a copy of the letter to Penny Berryman, together with a copy of Ms Ayres letter to you. Then send copies of that correspondence to the Court, ensuring that LTSB know that you have done so.

I pinched this from a Citi thread (posted by Lickthewallfatboy) as it could form the basis of your letter.

The 1998 Act requires requests to be dealt with "promptly" and in any event within 40 days. The 40 day period begins on the day on which the data controller has all the information he needs to identify the applicant and to locate the data requested, along with the fee, if any. The 40 day limit has been unchanged since the implementation of the 1984 Act. However, the requirement for promptness was newly introduced by the 1998 Act. The Information Commissioner has been given extensive powers of enforcement which rival those of the VAT man and can serve a data controller with an “Information Notice” requiring the data controller to provide certain information within set time limits. Failure to comply with such notice, or providing deliberately false information, is a criminal offence. If the Commissioner concludes that there has been a breach of the Act, he may then serve a data controller with an “Enforcement Notice.” This could force a data controller to cease processing personal data, or cease processing data in a particular way. Failure to comply with an enforcement notice is also a criminal offence.

Criminal liability does not lie just with the data controller. It is possible for officers of a company, such as its directors or managers, to be personally criminally liable if the offence has been committed with their consent, connivance or neglect. Employees may also incur criminal liability in certain limited circumstances.

Once a Court Order is obtained then the Information Commissioners Office must issue an "Information Notice" and the Company must act on it - the consequences of them not doing so can cost them a great deal more than just a few thousand pounds charges.

Els

[Pen]

Just out of interest, in 1992, we had a financial appraisal done, by the bank and we ended up buying a Tax free savings plan i think they where called PEPs, we paid a lump some of £3,000 and payed a additional £100 a month into it along with a FSA costing us another £100 a month can not remember what that is but after about 3 yrs when our circumstances changed we stopped paying into it, we where able to get most of our money back but not all due to being tied into for so many yrs I think , but although I have the original appraisal showing the products that where sold to us signed by both us and the adviser, it would be nice to know what happened to these, and if we still had any capital wrapped up in them, this info would of course be on our Data Protection info. It does make you wonder just what the banks have taken from us over the yrs.

Can anyone remember what the rules where regarding these products and if there where any clauses in them.

Pen

Pen

[dinner_lady]

hello having trouble with lloyds

[photoman]

Originally Posted by dinner_lady

hello having trouble with lloyds

Dinner lady

First of all read the Frequently asked questions here
http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/
DO READ THE STEP BY STEP INSTRUCTIONS !!!!!!
As you go on, you’ll also find this very helpful:
http://www.consumeractiongroup.c o.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

You’ll then need to start your own thread;
Go to here:
http://www.consumeractiongroup.c o.uk/forum/

Find the name of the Bank your action will be against.
Click on it (the name of the Bank in Bold Blue)
On that page, you will then find a label saying "Forum Tools" (just under the list of page numbers).
Click on it. It will show you some options.
Firstly, it's a good idea to subscribe to the Forum ,as you'll then recieve updates from people in similar situatioins against the same Bank. So click on Subscribe. It will ask how often you want updates (Personally I like Daily).
Once Subscibed to the Forum it will redirect you back.
Hit the same button and choose "Start new thread"
Give your Thread a title eg: yourforumname v whatever bank
(choose how often you want updating by email if anyone posts responses in your thread)

Then your up and running !

Whilst your there, you might want to take some time to have a look at some of the threads by people taking action against your same Bank, very helpful. Remember, any threads you want to follow, you can either choose the thread tools button, and choose subscribe to thread, or simply whenever you make a post in a thread it will automatically subscribe you to that thread.
On the main page I've posted above, you'll also find lots of highlighted "stickies", which have lots of very informative stuff in them too.
Once your ready to start , you’ll need to do a schedule of charges to submit to the bank, try this one:
http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls


Best regards and good luck

photoman

[jodyperry]

hi

i have had 390 in charges over 6 years but the 4 previous to that i was unemployed or in and out of work where i was getting loads of charges. can i estimate these charges as they have only provided 6 years, and since 6 years ago was when i started my current ful time job, the estimated charges are at least 1900 . since this bears no relation to the charges i have had in 6 years will i be able to do this?

[Pen]

Hi Jody,
If you read back from posts #50 onwards that should anwser your question

Pen

[welshlass]

Originally Posted by Fluffykaiser2

Hi, I have just received a response from Lloyds Bank to my bank charges reclaim letter. Their letter states that I am not receiving my claim as my charges were charges for "extra services" and they feel it is fair to make these charges as it "causes them extra work". They also claim that they are completely open about their charges to new customers by giving them a guide to their charges. The letter goes on and on about only applying to credit card charges and that the guidelines are about "default charges" that people pay when they have broken their agreement and that I have not broken my agreement with them. My charges are for unauthorised borrowing, unpaid direct debits etc.! They finish off by stating that they cannot agree to cancel my charges and that they will put me in touch with the Financial Ombudsman if I do not agree.

Could somebody please advise on my next move..... Help!

Many thanks to everybody for the information on this site!

Hi

i just want to say i have just recieved today exactly the same letter as above..its a joke!!! so if anyone got any advice on the next stages i would be grateful..

thanks louise x

[Pen]

Hi Welshlass and fluffy, these letters are all standard so just ignor them and go on to the next stage thats either the letter before action or if you have done that follow through court proceedings you will find the moneyclaim or the N1 both on here to fill in. sorry don't know how to do the links for it otherwisae I would do it.
Pen

[welshlass]

thanks pen am doing the lba letter today xxxx

[PeterAnderson]

Pen - Hi,

I am in the process of recovering (so far) £9.1k I got all my information from:-

Copy Statements Unit
Swallow House
PO Box 139
10 Swallow Street
Birmingham, BX1 1LT

Best of luck

[Pen]

Hi Peter, thanks, but I have writtern to that department so many times, I just think they have an issue about giving me them which I am not party too.

Pen

[RopeyDonkey]

Umm I dont understand why I cant find anything on here about it but LloydsTSB WON today... the judge ruled that LloydsTSB's fees were perfectly legal... it would appear that not all are familiar with this 'cloaking' term and that LloydsTSB have an extremely strong position now, and that while this District Court judgement does not set a true precident, it is obvious that many other judges will read the very clear case notes that instantly put many of our claims in tatters


I am about to start court proceedings vs LloydsTSB but with these recent developements I am less certain, as all of my arguements were raised at this hearing and were disregarded.

[Pen]

Hi Ropey, where did you read that.
Pen