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Well they say they can give me 18 months worth based on the £10 I sent them. They say anything later than 18 months and they will charge me £25 an hour!
Well they say they can give me 18 months worth based on the £10 I sent them. They say anything later than 18 months and they will charge me £25 an hour!
Does anybody have any thoughts on my next step?
thats rubbish did you send the DPA template? if so inform them that you will be reporting them to the information commisioner. I am sure you will get your statements then.
Yes I did. They gave me a very long explaination (over the phone) about how it would be like finding a pin (presumably in a haystack, she didn't specify)
Yes I did. They gave me a very long explaination (over the phone) about how it would be like finding a pin (presumably in a haystack, she didn't specify)
hi that is their problem1 they have to provide you with the information, you can apply to the court to force them to provide you with your statements. this can be found in the FAQ.
If you made an official 'Subject access request' as per the letter in the templates library, and sent the statutory maximum fee of £10, they are now in breach of the Data Protection Act 1998 and you can take steps to force them to comply. D.P.A compliance is not a choice, its a legal obligation.
A couple of questions if ya don't mind;
Where did you send it? did you send it recorded? have they acknowledged it in writing? and has the 40 day deadline passed?
If you can answer those then I or somebody else will be able to advise you on your next step.
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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
As far as I am aware, the DPA does not prescribe any specific form for a request, and neither does it insist that you even have to mention the Act in the first place. Walking into your bank and asking for last month's statement is in effect a "Subject access request" - you are asking for personal information. If they have failed to produce information you have asked for, you can call in the ICO in any case.
It does. The request for subject access must, (a) be in writing, and (b) enclose a fee (max £10)
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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
Hi, interesting. I am taking on RBS , sent in the S.A.R no reply , sent the lba , no reply , phoned ,branch referring to edinburgh , still not heard anything so , now filling in N1 form . I am hitting a blank wall , so anybody that gets their bank to converse is fortunate. Oh by the way they cashed the cheque for £10 pounds the day they received the original request .
Then to point out the 40 day maximum timescale and that the addressee is legally obliged to provide the information within the timescale.
Otherwise there could be confusion. I don't think that walking into or telephoning your bank branch and asking for some copy statements is quite the same, ltsb will charge £5 per statement on this basis.
Pete
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Hi, interesting. I am taking on RBS , sent in the S.A.R no reply , sent the lba , no reply , phoned ,branch referring to edinburgh , still not heard anything so , now filling in N1 form . I am hitting a blank wall , so anybody that gets their bank to converse is fortunate. Oh by the way they cashed the cheque for £10 pounds the day they received the original request .
As far as I'm aware, their cashing the cheque amounts to acceptance of the SAR. I'd start counting down their 40 days from then.
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Yes I did. They gave me a very long explaination (over the phone) about how it would be like finding a pin (presumably in a haystack, she didn't specify)
There is no point taking any notice of what the staff tell you over the phone.
The only people who can make accurate statements about this are the IT staff, and you don't get to talk to them ... the company will not let them talk to you.
The people you get to talk to will only know about what can be done with the facilities they have. The IT staff have all manner of additional facilities, which are used for analysing all sorts of things (including, in particular, bugs in the programs available to the call centre staff.)
The IT systems will be designed so that the company can satisfy Data Protection Act Requirements - it's a legal requirement.
(If they *can't* satisfy the Data Protection Act requirements, I don't suppose they will be in business for much longer ...)
Hi having problems myself. Sent data prtection act template mid august have still not received any info. Nat west staff memmber stated it was because step 2 of three had not been followed within nat west system. Still struggling to get step 2 activated I've got my branch and head ofice promising the info but to date nothing has arrived. telephone call from branch today saying they are "looking into it" and will resolve asap. But it seems she is trying to find who has not done their job in sending info out, not ultimately helpful for me i just want hte info so I can proceed with my claim. Very very very frustrating. Makes me feel like they know how much money they are set to lose and asr purposefully stalling.
Remember that the law gives the data controller only 40 days. If they don't comply within that timescale then they are in breach of the Data Protection Act and you can take steps to enforce compliance. There are non-compliance tmplates in the library, or alternatively these; http://www.consumeractiongroup.co.uk...tml#post229640
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promptly and, in any event, within 40 days,
provided that you have paid any necessary
fee.
"If a data controller reasonably requires
additional information to deal with the Subject access request, provided the data
controller tells the data subject what he
requires the data controller does not have to
deal with the request until this additional
information has been received.
"The 40 day time limit is calculated from the
day on which the data controller has both
the required fee and the necessary
information to confirm the identity of the
data subject and to locate the data.
There are different periods for requests for
copies of credit files (7 days) and for school
pupil records (15 school days)."
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
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That's a matter of what they "reasonably" need. I'm in two minds over whether to complain about Experian because they have said I need to send them documentation - this despite the fact that I ordered a report from them less than a month ago. I don't consider that a reasonable requirement, since I didn't need to send the documents in the first instance.
But they haven't requested extra information, they've requested extra payment which is completely different.
£10 is the maximum fee so the 40 days counts from when they received that.
The impression I have is that the opening post is not giving the full story, and there will be a reason why Lloyds have said that with the information the requester supplied, they can only supply some of the data.
Hello, I just went to Lloyds and asked them for 6 years worth of statements and they sent them all no fee! There were about 50 letters came through my door, but they didnt ask for anything for them. It might be worth doing it that way and see what happens.
have just recived a letter i sent to Lloyds it was returned by the post office as addressee gone away had this checked out by a freind who works in the post office apparently lloyds have change their box number so check the address they give you i think it is a ploy to delay proceedings
Lloyds refusing my Subject Access Request
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Originally Posted by TessB
