Thread: Microfiche

Suggest that you repost this thread in the CO-OP section.

Originally Posted by phatram

Does anyone know if the CO-OP stores info on microfiche?
This is very important, 'cos the Information Commissioners Office is investigating the Co-Op on my behalf, as they have taken 9 months to comply with my S.A.R - (Subject access request) and still its incomplete.

Why does it matter if they store info on microfiche? Barclaycard and Abbey were using that argument a year ago. The ICO investigated and decided it was still a structured filing system and therefore they still had to provide the information for a Subject access request.

All of the banks hold data beyond the 6 year period. They are very reluctant to reveal any of it. I am battling with Lloyds at the moment. They even had the front to state that
"If you require statements to claim back bank charges, I am afraid this would not be possible as banks are only required to consider the last 6 year period."

I have sent them this reply

letter before action – Final notification
Section 7 – Data Protection Act 1998

Dear Sir/Madam


You have failed to comply with my Data Protection Act Subject access request dated 8thApril 2007.


I am in receipt of your letter dated 20 July 2007 marked as being from Adrian Morris. I am quite frankly shocked by the deliberate misinformation contained within this letter. The content of this letter is a wholly unacceptable response.

I am not aware of there being any time limit to the information to be disclosed upon receipt of a Subject access request. If you hold information you are required to disclose it, if you do not hold any data as requested you are required to state that. You have done neither. You state that banks are only required to consider the last 6 year period. This is a deliberate inaccuracy, as no doubt you are aware. I make the following observations in regards to the The Limitation Act 1980, which of course only applies to an actual claim not to Subject Access Requests:-

The period of limitation should start from the date of the initial demand for repayment of the proposed unlawful penalty charges, this runs from the date of my preliminary request for your repayment of unlawful charges applied to my account. I have not of course made any such preliminary claim as yet. This is based upon Joachimson v Swiss Bank Corporation [1921] 3 KB 110, where In his judgement Atkin LJ pointed out:-
‘The practical bearing of this decision [as to the necessity for a demand] is on the question of the statute of limitations … The result of this decision will be that for the future bankers may have to face legal claims for balances on accounts that have remained dormant for more than six years.’

Alternatively at the time that you debited unlawful penalty charges from my account, I was under the mistaken belief that you were entitled under English Law to take that money.

If I had known that the charges were penalties under English Law I would not have paid those charges. In fact I made a mistake in paying those charges believing that you applied those charges in accordance with common and statue law, therefore section 32 (c) applies and the period of limitation does not begin until the time when I discovered this mistake, that being April 2006, the date of the OFT report into Credit Card Charges.


You have received a Subject Access Request from me and have accepted the £10.00 fee. You should carefully consider the following:-

• You have not complied with your responsibilities under the Data Protection Act.
• You have failed to disclose any data to me, be it statements printed from electronic data, archived microfiche files or any other structured filing system format you may variably use.
• Your letter dated 20 July 2007 states that in the case of statements to claim back bank charges you refuse to supply any data held in excess of your arbitrary 6 year period. This amounts to a deliberate and unlawful failure to disclose on your behalf.

If you do not hold any data what so ever in regards to my above stated account, I require you to state so in writing and return my £10.00 forthwith.

To clarify:-

• You have not provided a complete list of transactions and charges, or indeed any record of transactions and charges at all, nor have you stated that you do not hold any such data.
• You have provided no notes, or documents relating to the running of my account or any legal action between you and myself, nor have you stated that you do not hold any such data.
  You have provided no notes or documents relating to instances of manual intervention nor have you stated that you do not hold any such data.
• You have provided no information regarding my account held with yourself what so ever, such as copies of Consumer Credit Act agreements, account opening applications, overdraft/loan applications or agreements, nor database entries (or archived copies of) concerning such records, nor have you stated that you do not hold any such data.

This is not an exhaustive list of the data I have previously required you to disclose, it is just an example of some of the data you have not provided to me.


I am frankly shocked at Lloyds TSB apparent dishonesty in this regard. A matter that I will refer to the OFT Regulatory Section, Consumer Credit Licensing regarding your fitness to hold a Consumer Credit Licence.

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice. Secondly I will make a formal complaint to the Information Commissioner’s Office.

Originally Posted by Chris_w

Fantastic letter it should be in the temlates library or at least a sticky

Hear !!! hear !!