Thread: Bos Unlawful Charges ** WON **

Sent SAR to Pitreavie address which they recieved on the 12th June (recorded,track&trace).
Since then Nothing not even a thanks for your letter, should I,

1.Give them a gentle nudge (phone or letter?)
2.Do nothing then on 22 July hit them with a estimated request for repayment.
3.Report them to the Imformation Commissioner for breach of DPA.
4.Can i do 2&3 together.

I know they have till 22nd July to reply but a reply to my first letter would be nice and just good manners.

thanks Alan.:?

Similar Threads:

• Unlawful Bank Charges are these charges an act of theft?
• claiming for ACCOUNT CHARGEs that were incurred because of previous,unlawful charges?
• what charges are unlawful ?
• IF the charges are unlawful, does this mean that

Had a call from BOS today saying i was 16.80p in arrears (which i paid on my debit card) asked if they recieved my DPA SAR ...Reply....nope nothing on my screen..... but they did cash my cheque (sent for SAR 12th June) on 19/06/2006 how nice bet they paid it into my account. Still nothing in post, will wait till 22nd July then it will hit the fan

Hi all,

When I sent my request to the BOS I included a £10 postal order. This was returned by the bank with a letter saying that the fee was £5 and that this would be deducted from my current account. Why are other people having cheques cashed?

well mine is a credit card not a bank account, my bank is the woolywich who kindly returned my cheque as did barclaycrad, but not BOS they cashed it, still no statements and i phoned them today (which i believe is a cardinal sin in the eyes of one Moderator) and they promised they would phone back ...wat a waste of an hour!! (He's right) and their 40 days are up saturday .. Watch this space

Well there 40 days are up, they recieved the letter and cashed my £10 cheque so i have typed out lba Sec7 Data Protection Template giving them 7 more days or i will go for a court order . Its a bit daunting and i'm pretty sure im doing this right.


Alan

Well 20 mins after posting the above message a girl from BOS collections phones we go through security questions then she goes ' oh theres a note here saying sumthing about a dap sra thingy (i said do you mean a SAR DPA1998) yes she said, then put me on hold while she spoke to a supervisor, went on to ask weather it was a formal or imformal request, i said formal she went back to supervisor, then says are you sure it was formal because we have nothing to say it was, i said thats a problem then because royal mail says it was delivered along with the £10 cheque which you cashed... Back to super..well someone has been trying to contact you about it... have you heard of royal mail... well i only work in the collection centre...goes quiet again.... anyway i say, your 40 days are up where is the correct address to send my next letter that your company is in breach of DPA failure to comply...Trinity Road Halifax.... Apparently thats where their legal dept is .... I did get the distinct impression although is was not told that i was,that the conversation was being recorded, and she sounded very nervous so much in fact she kept getting her swurds moddled up

Yesterday i sent a lba sec.7 DPA 1998 giving them 7 days to send my statements i have sent it special delivery so i know they got it by 1pm today.

Only thing is i'm sure there must be something in here about getting a court order to make them release my statements but it dont half sound daunting.


:? alan

well sent my Sec 7 DPA letter to BOS Special Delivery,costs a bit more but it gets there next day guaranteed. They sent me one back Special delivery goes like this...

Dear Mr Wells

Rquest For a List of Transactions and Charges..Acc. No.**** *** ********

I refer to your letter dated 25th July 2006 and can once again (they have not contacted me by letter or phone ever about the statements) confirm that your information has been ordered and will be sent under separate cover. You will have received a letter from us (dated 24th July 2006 -copy attached) (got it this morning)(could that letter be the confimation they sent?) explaining this to you.

I apologise that your letter didnt get to us speedily but can assure you that your request is being actioned. (they got my letter on the the 12th June so they aint had much time to sort it have they;-) ).

All our colleagues undergo regular Data Protedtion training. However, I have arranged for the relevant colleagues to be reminded of the correct procedure. (obviously thats a reply to to my letter where i stated ' you received my letter on the 12th June, i have signed proof, you cashed my £10 cheque, and you ignored mt Subject access request DPA 1998 which i believe is a formal request, and perhaps if you were to publish your address to which these requests could be mailed to your department directly, you would not encounter this problem, or as an alternative train your staff to recognise this type of request').

Yours faithfully

Nicola Inett
Data Protection Consultant
Business Risk-Retail
Trinity Road
Halifax
HX1 2RG





oh well they got 7 (from 25th July)days but i will give them till next friday ....11 days thats long enough is'nt it?


alan....

Help needed please, i received on the 1st aug a list of statements from BOS going back to 1st May 2002 but account opened 24th June 1999. So, although i know i can only go back 6 years i'm nearly 2 years missing (they just sent them normal post 1st class, they may well have sent another load but i have not got them) Can i estimate their charges and fill in a N1 then report them (i could do with the money) or am i bound to report them and wait for a response from the ICO till i can claim ,or can i do both . Many Thanks

Alan

Have you called and asked them where the missing statements are?

Hi Tinkerbelle yes phoned them today and said i was missing 23 months worth of statements the lady said she would notify the dept dealing with the matter.
I think i will send them another letter monday reminding them of their obligations under DPA Act and give them another 7 days.

Thanks for your help. Alan

I have still heard nothing from BOS/Halifax despite phone calls and special delivery letter sent 22nd July.
so i am giving them 7 more days or they recieve county court Order for failure to comply with certain requirements under sec 13 DPA asking for compensation/damages (my charges would be nice) so i have sent letter fed up with being ignored .
And i suppose i will just have to estimate the rest of the charges as an average compared to the charges i can work out. .

By the way i have already posted the letter.;-)

Send an email to this woman and then sit back

Thanks Tinkerbelle,
i have just checked royalmail site and my special delivery letter was delivered yesterday but i will email your contact tommorrow and see what reply she gives but i shall definatley be informing the ICO about not for-filling their obligations under the DPA.

alll the best Alan

Well before i could email anybody got a phone call this morning (must have got my letter ) and lady said records only go back till March 2002 when balance was 0.00. Ahh but Inland revenue Customs & excise ect require you to keep records for 6 years minimum yes but your balance was 0.00, Yes,Yes i say but the account had been open since 1999 so i never used it for over two years , dont have any records before that she says.
Having sat here and thought about it , while we were in france that year someone was using a cloned card ,i had to prove to BOS that i was out of the country but it still took them 3 months to cancel the card after i told them.
I even spoke to the manageress at a pizza hut in Bromley and told her about (seemed whoever they were they loved pizza (and boy did they eat sum pizza)) it, they were ordering from there about 4 times a week, she even rung me and told me he was on the other phone ordering a delivery pizza on the 2 months after cancelling the BOS card. I wrote them a nice letter saying card cancelled why am i still getting charges ,they did refund them all, but who pays for it, us !with higher charges. Anyway they changed my card same number different pin and everythings fine but where are my previous two years statements well im fed up with asking i am going to estimate,peanuts to them.

So i'll estimate is that ok

Cheers Alan

If it was me I'd still try that Lawyer woman first. But that's just me

Okey Dokey