Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi all! finally got chace to post, I started with my request for statements on the 10th August and got the standard "Microfiche before August 2004 therefore not covered but if you pay £3 per statement" blurb. Sent in:
Dear Sir
ACCOUNT NUMBER: xxxxxxxxxxxxxxxx
I am in receipt of your letter dated 17/08/06, outlining that you could only provide me copy statements covering transactions from May 2004 on my account, because any earlier information has been archivedonto microfiche.I also acknowledge receipt of the information you forwarded. My request was for a complete list of transactions and charges relating to my account – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period would be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions. For this purpose my letter dated 10/08/06 enclosed a cheque for the statutory maximum fee of £10.
As you will be aware you need to have a 'relevant filing system' this is a system in which files are structured or referenced so as to clearly indicate at the outset of the search whether specific information capable of amounting to personal data of an individual making a Subject access request is held within the system and, if so, in which file or files it is held and which has, as part of its own structure or referencing mechanism, a sufficiently sophisticated and detailed means of readily indicating whether and where in an individual file or files specific criteria or information about the applicant can be readily located.
I am aware that you have been willing and able to provide other customers with a print-out of transaction information covering this period – and am ready to bring this to the attention of the Information Commissioner should it prove necessary. I would also draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246
(Ch).As you will be aware as of this date you have just 29 days in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for Data Protection Act compliance.
Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a county court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.
Yours faithfully,
Robert Smith
And I got a reply today from Carl Nuttall (customer relationship manager) saying the case of Smith -v- Lloyds Bank PLC (2005) backs them up but i can still pay £3 per statement!
I'm a little unsure as what the next reply is? They have 14 days left under Data Protection act before i can report them, shall i just wait or contact them again. My charges for the last 2 years is only £20 but I know I was a lot worse in my youth!
Smith vs lloyd is important because of what it does and doesnt say. So I woudnt worry about it, unless you happen to find a totaly new idea abou fiche they are not goping to do anyhting different for you that they did for the rest.
Write back by all means but only think of it as a means to repudiate their postion in respect of their fiche system.
YOu will probalby need to do this another couple of times before the 40 days runs out then take them to court and issue an estimated claim.
JMHO
GLenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Muppet Vs Barclaycard, any help appreciated?
of an individual making a Subject access request
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