Koko vs Marks & Spencer

[kokomar]

Have printed of the Subject Access Request for M & S and will post it tomorrow recorded of course. From what I gather having had a bit of a surf these people are not playing our game and we can't have that. I owe them about £400 and I would guess they have taken about £300 in "letter charges" over the years. All automated letters of course! Not sure about this one but it's worth a go. Back in 41 days to send prelim letter, but obviously will update this if I actually get a response.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[orfoster]

no reason why not. Good Luck. Keep us updated.

[kokomar]

Well I never! Should have updated this immediately but forgot. On 19th Sept a very nice lady phoned to ask if I'd be OK with just a list of charges to reclaim from instead of the full Subject Access Request docs. I said tvm but actually I want to check out the PPI as well which keeps mysteriously appearing on my statements, even though they've known for years that a. I'm self-employed, b. I never asked for it and c. over the years I must have complained about the damn thing a zillion times (it's back on again now).
I expected the tone to deteriorate but actually she was very pleasant and said simply "That's OK dear you'll need the whole lot then. I'll get on with it." Wow. Believe it when I see it!

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[kokomar]

Subject Access Request info arrived this morning. 19 days well done M&S! The account has been held since 1996.

1. They have only sent statements dating back to 4/10/01 ie five years worth.

.... Will write and ask for the extra year for letter charges purposes but wanted FULL disclosure so I could check on the PPI over the years as I'm sure I cancelled it around Apr 00. It appears on all the statements they've sent me in the Subject Access Request.

2. They have sent records of telephone calls going back to aug 03 but only those made TO me. There are also calls made to them BY me but only for the last 6 months. eg. they managed to correctly change my address in Nov 03 without speaking to me (I remember I rang them to do this).

PPI is going to be complicated I can feel it in my bones. Going to write back to them tonight, will post my efforts here later.

Koko

	Record your calls Follow this link to read the review of the Truecall telephone recorder and call manager. This is the Rolls Royce of call recorders. It's a bit pricey but if you buy it with our special offer you will get it at cost: about 20% discount. How much do we make on the deal? - Nothing at all. You can also buy cheaper devices from Maplins. Truecall is the best - but the important thing is to record your calls.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[kokomar]

OK letter written and goes as follows:

M&SFS etc

ACCOUNT NUMBER:

Further to your telephone call on 19th September and subsequent letter dated 3rd October 2006 enclosing a copy of my personal data held by M&SFS. Firstly thank you for the time obviously spent making notations to allow for easier interpretation of the information you have provided, it is much appreciated.

I’m afraid I write with queries.

• The transaction reports you have supplied begin at 11th October 2001. Could you please supply this information from the opening date of the account, 14th October 1996 to 11th October 2001.
• The notations of verbal correspondence you have supplied begin at 19th August 2003 and don’t seem to include any of the telephone calls I have made to yourselves over the years, other than those made in the last six months. Could you please supply the notations of correspondence (verbal and written) from the opening date of the account, 14th October 1996 to 19th August 2003.

If you no longer hold the above data and therefore cannot supply it, please advise me of this in writing.

I feel at this point it may help you if I explain why this information is so important to me. With respect to the Payment Protection Insurance applied to my account, at the time of opening the account I was working as a secretarial temp, and therefore would not have been able to claim on this policy had I tried to. Having now seen the original application form, I consider that this policy was mis-sold to me. In addition in April 2000 I became self-employed. At this time I opened a business account and took out a protection policy with my bank to cover me in the event of illness, as I was informed that it was particularly hard to claim on any policy for loss of earnings or unemployment when self-employed. I advised both you and my credit card company of this by telephone and asked for the payment protection to be removed, and was assured that it would be. At this point I was unaware that I had already made payments for four years on a policy on which it was doubtful that I could make a claim.

I have also recently discovered that the regime of fees which M&SFS have been applying to my account in relation to late or non-payment fees, described on your statements as “letter charges”, are unlawful at Common Law, Statute and recent Consumer regulations. I think it doubtful that I would have incurred these charges prior to 11th October 2001, however this is another reason for my request.

Thank you for your assistance in this matter, I look forward to receiving your reply.

Yours sincerely, Koko


Any comments would be really appreciated ! Is there anyone else dealing with M&S at the mo, all the threads I've read seem to have dried up.

[kokomar]

Had a reply today from M & S.

Thank you for your recent letter which I acknowledge on behalf of the Customer Relations Team.

I hope to respond to your complaint within the next ten working days. I apologise for any inconvenience caused.

I am also obliged to let you know of Marks & Spencer Money's complaint handling procedures and I enclose a copy of our "How we can help you" leaflet that sets out the relevant details for you.

Once again thank you for taking the time to write. I am only sorry it has been necessary for you to do so.

Well she couldn't have been more polite but even so the deadline for the Subject Access Request runs out on Monday! I haven't formally made a complaint yet unless you count complaining that they haven't fulfilled their obligations under the D P Act!

Need to have a think about my response. Might just wait the 10 days and see what they come up with. Uuummmmm.

Koko

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Gingi1]

Well, I have all of my information and just need to work out the PPI total that they have charged me. I am assuming that I will need to send the standard letter but change the wording from charges and interest to PPI? Is that what you are doing Koko?

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.