No.2 son v. The Woolwich

[BlueRuby]

Sent the Data Protection Act letter on behalf of younger son on 11th April. The letter was signed for a couple of days later but since then I have heard absolutely nothing - not even an acknowledgment. Ah well!

[Don Quioxte]

Hi Welcome..

Maybe worth aa follow up phone call, to see if they received.. can quite often be more productive than actually waaiting out the 40 days..

rather - get your son to chase them!

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[Mumofthreeboys]

Originally Posted by Don Quioxte

Hi Welcome..

Maybe worth aa follow up phone call, to see if they received.. can quite often be more productive than actually waaiting out the 40 days..

rather - get your son to chase them!

Yes, I agree with Don Quioxte, get your son to chase them up!!

	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.

[BlueRuby]

You would!!!

[BlueRuby]

Whilst appreciating the Don's (and Mum's) good advice, I decided to wait out the 40 days. I received nothing, not a thing, not even a compliment slip! So on 30th May I sent Dave's template 3 (I think):

"You have failed to comply with my Data Protection Act Subject Access Request dated 11th April 2006.

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice."

Imagine my surprise when this morning a large envelope turns up with all no.2 son's statements as requested - no accompanying letter or compliment slip though!! Must just have been a coincidence

	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.

[BlueRuby]

Preliminary letter going off tomorrow! I'm being really good and giving them another 14 days even though they exceeded the 40 Data Protection Act days by a country mile.

[BlueRuby]

Received 2 letters on 10th June, one from Michele Wallis dated 8th June referring to my letter of 25th May (LBA re Data Protection Act non-compliance) and promising to resolve the matter by 05/07/06. The other from Lynn Worrell refers to their letter of 8th June, encloses a list of charges and says my letter & the list of charges has been sent to Head Office and I will hear from them shortly. This list of charges is headed

quote: 1919 No more charges for this a/c (not true)
consolidated charge enquiry screen

Then follows a list of 10 charges incl. interest dated between 30/06/03 and 18/12/03 only, then exactly the same list repeated!!!

So they haven't so far replied to the prelim. letter of 5th June shown as received on 7th June. They have until 21st June before another LBA goes out.

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	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.

[BlueRuby]

Yet another letter this morning, this time from Mike Brophy at Barclays and referring to my letter of 5th June. Apparently my comments are receiving attention and one of his team will contact me shortly.

[Don Quioxte]

Sorry where exactly are we with this?

You chose to wait the 40 days. They have breached Data Protection Act - you sent 7 day LBA regarding non-compliance. They remain in breach. They have replied with a standard FSA requirement letter saying they will get back to you with regards the Data Protection Act complaint within 4 weeks?!?

You have received only 6months of charges so far? How many statements ahve you requested - how many months/years are you expecting?

You have sent a prelim letter - but based on what amount? Just the six months figures?

You seem to have entered into correspondance with numerous individuals (which does not help matters from your perspective). Sorry I just need some clarification before I can offer more succinct advice...

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[BlueRuby]

Sorry to have confused you! However, I did say in my post #5

Originally Posted by BlueRuby

Imagine my surprise when this morning a large envelope turns up with all no.2 son's statements as requested - no accompanying letter or compliment slip though!! Must just have been a coincidence

This was presumably in response to my LBA about Data Protection Act non-compliance. The three letters I mentioned in my most recent posts were all unsolicited so-to-speak. I have only ever addressed my letters to The Woolwich not to any particular person. And I mentioned the 6 months worth of charges enclosed because it seemed strange when I had already received all the statements on my son's account.

This is the timeline:
11/4 I sent Data Protection Act letter
30/5 I sent Data Protection Act non-compliance letter
01/6 Statements arrive.
05/6 I sent preliminary letter - charges based on statements rec'd 01/6
10/6 Michele Wallis (Woolwich) writes referring to letter of 30/5
10/6 Lynn Worrell (Woolwich) writes referring to MW's letter!
13/6 Mike Brophy (Barclays) writes referring to prelim. letter of 05/6

Confused? You will be!
They have till 21/6 to refund. If not I then send the LBA.

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[Don Quioxte]

Right so 21 June (though I calculate 19 June if you sent prelim on 05/06) send LBA direct to Mike Brophy.

Sounds like it is all under control

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[BlueRuby]

Originally Posted by Don Quioxte

Sounds like it is all under control

Fingers crossed although with the Woolwich you can never be too sure!
I said 21st June because they received the prelim. letter on 7th June but they have had plenty of extra time already so maybe I should just go for the 19th. I'll certainly send the LBA to Mike Brophy as you advise. Many thanks.

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[Mumofthreeboys]

All my correspondence was sent to Mike Brophy. I was never told to deal with anone else.

[debpayne]

Hello,

I don;t suppose you have an email addy for Mike Brophy do you...Only its time up on my LBA but the royal mail cant give me proof of delivery (even though I paid for receorded) and I'm thinking I might email to ask if it's been received, bet they'll say no!!

Thanks and hows it going with your claim??

Debbie x

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[essjaysea]

Try mike.brophy@barclays.com

[8835]

I wouldn't bother trying to speak to mike brophy, i have tried seeing if letters have been received etc and they dont bother answering your calls or your e-mails

Stick to your dates and the only way to get a reply from them is to start proceedings

Good Luck

[BlueRuby]

Originally Posted by debpayne

Hello,

I don;t suppose you have an email addy for Mike Brophy do you...Only its time up on my LBA but the royal mail cant give me proof of delivery (even though I paid for receorded) and I'm thinking I might email to ask if it's been received, bet they'll say no!!

Thanks and hows it going with your claim??

Debbie x

I agree with 8835 - just assume they've received it, I'm sure they have. Stick to your dates and go ahead with the Moneyclaim.

I'm just about to file a claim!!

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