Thread: voyager 9 vs bank of scotland

hi everyone

i am starting a claim against a HBOS current acc and sent a sars request on 8/3/07 with a cheque for £10.
unfortunately i just posted it first class.
on 16/0/07 i sent this letter (with last letter attached )recorded asking if they would add my credit card to the same sars request arrived 21/03/07

Dear Sir or Madam,

Re. Credit Card Account number: ********************

I am writing to request a fully comprehensive list of all the default charges for late payments, overlimit charges, and any other charges in relation to the above account I have paid over the last six years.

I enclose a copy of the letter I sent on the 08/03/2007 requesting the similar information for a separate account with which I enclosed a cheque, as this charge is per name please note the fee has been paid. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

I look forward to your response within 40 days, as bank of Scotlandis obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

Yours faithfully,

on the 27th i checked my bank and the cheque had not been cashed and to date i have had no acknowledgement to either letters

so 27th i wrote the following letter and sent recorded (received 29/3/07)


Dear Sir or Madam,

Re. Credit Card Account number: ###############

And account no: ############

This is my 3rd communication with you and I am disappointed that I have not had any response from you in 19 days, may I remind you that you are obliged to deliver within 40 days under the data protection act.

I am writing to request a fully comprehensive list of all the default charges for late payments, overlimit charges, and any other charges in relation to the above accounts I have paid over the last six years.

I enclose a copy of the letter I sent on the 08/03/2007 with which I enclosed a cheque (receipt and photocopies kept) and 16/03/2007.(which you received on 21/03/2007)

I note on 27th march 2007 you have still not cashed this cheque so has a courtesy I am enclosing a postal order instead. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

I look forward to your response within 40 days, as bank of Scotlandis obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

Yours faithfully,


my question is i now know for definate they have received payment but when should i commence the 40 days from the first letter or second letter i know they received or even the 3rd letter

voyager9:-?

and also can i claim both accounts together and how would you suggest i put a condition in to the letters to ensure they settle as a cheque?

any help would be greatly appreciated

bump

thanks caro
i think i will run the 40 days from the 21st when they received second letter they shouldnt be able to argue with that.
i have been reading as much as i can but sometimes you need time out to stop your head from spinning with all the things you read lol

again thanks for advice

will do caro thanks

Hi you are in the excellant hands of Caro.

just a update !

they cashed my cheque on 10/04/2007 a whole month since my first letter
but at least i know they got that letter but they havent bothered to send my postal order back lol just waiting for statements now shouldnt be long

well another update !

nothing back from SAR so have sent a 7 day lba yesterday
so we will see if that gets them moving!

received part of my request today only for 1 account funny enough the part thats missing is from when they joined with halifax nothing for credit card though so have sent the following letter as one last go because i have read that they will defend and waste even more time so anyway heres letter i wrote and sent today


FINAL letter before action
Section 7 – Data Protection Act 1998

Dear sir/madam

ACCOUNTS: ########## and #########
I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 8/03/07 and 16/03/07 (copies enclosed). 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.
The parts missing from account no ########### are from 16/04/04 up until the account was closed.
I have not received anything for account no ############.
2) You have provided no notes, or documents relating to any legal action between you and myself.
3) 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.

I have also reported HBOS to the information commissionaire’s office on 30/04/2007 and sent all supporting evidence to them.

As you have attempted to comply with my last letter before action letter dated 24/04/07 I will with hesitation give you a further 7 days to comply fully with my request however if I do not receive all documents within 7 days upon receipt of this letter (royal mail tracking number is
##########) I will proceed with legal action without further notice.

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,

Your telling them whos the boss.

thanks bigmac just hope it gets them moving lol.

Hi Voyager9,

Im in exactly the same position as you.Ive already sent my letter (similar to yours above) but still haven't had all my statements.Im complaining to the Information Commissioners tomorrow and the thinking about filing in court.Although Im not sure how to go about this.

hi derek you have to use the n1 form and hand in to your local court the non compliance p.o.c. is here adapt it to suit.

http://www.consumeractiongroup.co.uk...n-act-non.html

Sorry for being thick but do you get a n1 form from the court itself? Also idoes anyone know if its the same procedure in scotland as england?

hi derek here the link for n1 form and i cant help with scottish claims sorry
http://www.consumeractiongroup.co.uk...-claim-n1.html

anything you need should be in the bank templates library here
http://www.consumeractiongroup.co.uk...lates-library/

anything that you cant find try this a-z
http://www.consumeractiongroup.co.uk...hat-youre.html

hope this helps by the way have you started your own thread yet?

thanks for the help Voyager,its much appreciated

I started my own thread but didnt get too many responses. Guess most people are lucky and get their statements without any problems

derek thats ok glad to help post your link and i will subscribe and help where i can but i am by no means an expert am still finding my feet also

still no sign of any more statements if they dont come tommorow will have to do n1 form to hand in thur or friday

personally i think they keeping back statements with lots of charges on funnily enough after Halifax merged my schedul is all ready just short of £3000 after 4 years still another year and half of charges yet (at higher rates too!) have been thinking about trying for compound interest because of how aukward they are being.
does anyone know of a list of cases that have won contractual interest like the settled cases spreadsheet i heard someone was putting one together on another thread but cant find it now!

as for credit card only for about 12 statements (kept not through SAR) £500 with c/i about £1100

will update soon voyager

Hi Voyager, not sure how to post a link . Ive currently two threads at the moment, one for Halifax and one for BOS. Halifax have been helpfull so far ( apart from giving me my money ) but im still waiting on BOS sending all my statements.
Ive sent them lba letter for incomplete statements and also wrote to the information commisioners office.
As i live in scotland, I think I might file in an english court as all my family are in newcastle and its not that far to travel if need be. At least this should speed things up as they just seem to be blanking me .