Thread: vicmar V BOS Affinty CARD

Hi sent for DPA letter 20th jan received copies today but i think they are incomplete i have checked my credit record but i can't find this particular account number listed just that, the earliest statement if from may 2005 with a debit balance with a credit payment indicating there must be some more earlier statements , the covering letter attached states "i refer to your communication and enclosed a copy of your statement"

i believe there is a letter regarding non compliance can i use it in this circumstance

please advise

Vicmar

Similar Threads:

• vicmar ***WON***
• vicmar v ge money /capital (dfs)
• vicmar v hsbc **WON**
• vicmar V Mint/RBS ***WON***
• vicmar V GLT Co

Bump

as i have had no respose decided to ammend template 3 with regard to DPA

thanks guys!!

help needed had a reply plus some statments but incomplete send DPA letter 3 for non compliance but i have still not heard anything

is anyone out there willing to help me

Hi vicmar, I'll see what I can do. To start with, have you got copies of the letters you sent? Any chance you can copy them on here so we can see what you've done so far?

You are correct - if there is a debit brought forward balance, you are missing statements. Will try to advise what to say next but would be good to see what you have already told them first....

Another thing, is this card active or closed?

Hi t4ff
firstly hope you can help
point 1 - account closed! but have a copy of last statement with account number!

sent general SAR request letter dated 20th Jan 07
statements arrived with covering letter dated 24/02/07

statement 1 in bundle states

balance carried forward XXXXX
opening balance XXXX
all debit balances
i would have thought if it was the first statement opening balance would be £0.00
after looking on the site i sent the letter posted below
Bank of Scotland

Card Services
Pitreavie Business Park
Dunfermline
Fife
KY99 4BS


letter before action
Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 20th January 2007. The disclosure of personal data is incomplete in that at least the following documents are missing.

1) You have failed to provide a complete list of transactions and charges, I was under the impression that I have held the account for longer than that the first dated statement of May 2005, I believe it was opened approximately 12 months earlier.

2) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means; it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

The time for compliance with my request has now expired. If you do not comply fully with my Subject access request within 7 days, I shall apply to the county court for an order to enforce compliance, together with damages at the discretion of the court.

Yours faithfully,

dated 27th feb and posted 2nd March
i am not sure of next step as i have not come across this before as my other claims have been compliant.

PLEASE HELP i know the final amount may only be small the the learning experince is great!
Vicmar

What you need to do now is stay true to your word and carry out your threat of legal action. There is little more you can do here (in terms of sending them letters). You've done enough chasing round, I would simply file a claim for non-disclosure.

This can result in the judge ordering the disclosure of your statements and might also award damages.

The information to do this should be around here somewhere so you need to find some information on it. A good place to look would be the Abbey and barclaycard forums because a lot of ppl have been filing ND claims due to both being reluctant to give out statements.

I also have a link in my favourites to this which shoudl help when you file your claim.

I'm not experienced enough to advise you on how to do it (never had to myself) so you will have to hunt around for some info. If you do stumble across some people who have filed claims, point them in the direction of this thread and see if they can advise at all.

HTH

can i do this on line ?
just checked

can anyone advise me on ICO complaints please

I've done this. Simply go to their website and print the downloadable claim form. They will not deal with things urgently - due to the current climate they are snowed with complaints right now. Whilst I would make a complaint, ultimately the most progress will come from filing.

Originally Posted by T4FF

I've done this. Simply go to their website and print the downloadable claim form. They will not deal with things urgently - due to the current climate they are snowed with complaints right now. Whilst I would make a complaint, ultimately the most progress will come from filing.

i take it you mean MCOL website or hmcs website and download N1 form, sorry for acting thick but your advice is very helpful

no, was in respone to

can anyone advise me on ICO complaints please

Sorry didnt make that clear

Re: BOS
Quote:
Originally Posted by vicmar
sorry to be a pest, just to make it clear,
1. i am complaining to the county court
2. i file N1 form with the particulars filled in (ammended as needed) as on this forum

and hopefully BOS will comply.

just this is the first time this has happened

vicmar

"I'm not really the person to ask - never done it myself. I have only complained to ICO. If you aren't sure, cos I'm not, post it in a thread or try to find the answers in the forums." reply by T4FF after i sent PM

can anyone help,
basic question do i file with CC using N1 for non compliance or do i go down the track of ICO if so how do i do this HELP!!!!!

Originally Posted by vicmar

basic question do i file with CC using N1 for non compliance or do i go down the track of ICO if so how do i do this HELP!!!!!

Sorry vicmar, I know I wasn't that helpful, but I thought I had made at least that clear.

If you want to get your statements back, you have to file for non compliance and this is what you should concentrate on. The ICO should be an after thought to put your complaint in. The result will come from filing from non-compliance.

How to, I don't know though sorry so if someone would be so kind....

Aaaah!

Just found this

its probably me i just want to be sure i am 100% clear i have down loaded N1 and copied / printed of the particular to add to the N1 will file this week at local court!

and will see what happens!

can any one tell me how much it cost to file N1 under section 7 failure to disclose i placed this thread in general forum ICO Help but no one has come forward with a response ,filed a final demand to BOS if no success will file this week N1

can some one help with regard to HOW MUCH IT COSTS?

I believe its £150. Claims other than money.

See here.

county court Fees

right here goes!!

after a lot of research i have decided to send N1 for non compliance will file on tuesday , tried to do on line but ran out of word space , cost though came to £30 for fees, as i am claiming £30 compensation for time of research and postage and phone call!!, they contacted me asking to phone then , but it goes straight to answerphone asking to leave message but no one has yet returned my phone call, also the card service, customer service dept say my account is now held by MBNA as of last june, but i closed the account in April'06 so they could not send statements, but they already have i am just missing some from Aug'04-may'05!!!! confused i am !! as this happened to any one else???

anyway i will see what happens after i file on tuesday!

happy easter

victoria

well filed at court today court fee £30 total claim £60.00 well we will see what happens!!