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FM79

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About FM79

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  1. As one of the accounts is a joint account, does it matter that my wife did not countersign all letters? Will it come back to bite me on the backside and, if so, what can I do about it now? Any advice gratefully received, FM
  2. Hi lucie1973, You could send something like this. Best, FM Dear Sir or Madam, I wrote to you on XX/XX/09 requesting copies of all data held in my name. I made this Subject Access Request so that I may attempt to reclaim the unfair and unlawful charges that you have levied against me. I can prove that this letter, including the statutory maximum fee of £10, was delivered on XX/XX/09. You have not complied with my request, although you have cashed my cheque. The Data Protection Act states that you have 40 calendar days to comply, and that fail
  3. Come to think of it, the following is part of their Defence. As one of the accounts is a joint account, I realise that I should have got my wife to countersign all letters. Will that come back to bite me on the backside? They never asked if she agreed to my SAR, never wrote to her or called her... Best, FM 13. With regard to paragraph 7, section 15(2) of the Act states: "For the purpose of determined in any question whether as applicant under the subsection (9) of section 7 is entitled to the information which he seeks (including any question whether any relevant dat
  4. Thanks MARTIN3030. Costs schedule is attached. To look reasonable, I removed the first items on the list (Halifax said I'd have had to pay those anyway) and never included the last ones (even though those are my attempts at reaching an agreement to avoid court). I've over-charged for my time by 75p per hour, but I've definitely played down the amount of time I've spent researching and letter-writing. They did not. They gave no reason. Thanks and Best, FM fm-costs.pdf
  5. £10 cheque received today (for not providing the data within 40 days). Do you think I should ask the court if I can/should change my POC, now that they have complied? Best, FM Particulars of Claim 1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data, of which the Claimant is a Subject. 2. The Claimant has held an Account with the Defendant for X years. 3. On 22 June 2009, the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998, to the Defe
  6. FM79

    FM v Lloyds

    I'm also wondering if I should ask the court if I can alter my POC because they have now answered my third letter, even if it was just to say that they don't hold the data due to their retention policies. Maybe I should give the court a copy of this letter, plus copies of my three letters. What do you think? Best, FM Original POC: 1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data, of which the Claimant is a Subject. 2. The Claimant has held an Account with the Defendant for X years.
  7. FM79

    FM v Lloyds

    Thanks silverfox1961. Would you use the mediation service first? Best, FM
  8. Allocation Questionnaire (Small Claims Track) and offer of a free mediation service to help settle the claim arrived yesterday. I've now got until 9th November to make up my mind what to do and return it to the court. Yes, they've now fully complied with my SAR, but not until the N1 was filed. They admit that in their defence. Do you think this is enough to satisfy the judge that they should pay my costs incurred in trying to obtain full compliance (£110)? I don't want to have to pay the bank's costs. Should I use the mediation service? I've already tried to reach a settlement
  9. FM79

    FM v Lloyds

    Allocation Questionnaire (Small Claims Track) and offer of a free mediation service to help settle the claim arrived yesterday. I've now got until 9th November to make up my mind what to do and return it to the court. Can anyone convince me that Lloyds haven't complied fully and that I should carry on with my claim? I've had no credit card statements beyond mid-2003 and nothing at all about my current, defaulted loan (taken out in 2000, which I'm still paying back). I've written to them requesting this, but they say they can't provide it because they don't have it (because of their reten
  10. Good luck Lee. I hope you can get another judge to take a look. Best, FM
  11. Hi lucie1973, I haven't sent them my fees total yet but they will definitely-definitely-definitely have them all on Monday. It's been this long getting them to comply with the SAR and then checking and double-checking that they included everything. I'd wait for the 40 days, then on the 41st day send them a second letter (the LBA/Letter Before Action) giving them another week or two to fully comply. I don't think you can ask them to consider your case a hardship case until you've had all the papers back and can give them your total to be reclaimed, but I may be wrong about that.
  12. You can also phone the Consumer Credit Counselling Service (http://www.cccs.co.uk) and they'll make an independent decision whether or not you meet the banks' hardship criteria. If you do, they'll give you a letter to forward to your bank, which may help your case. Freephone 0800 138 1111 (8am-8pm, weekdays only). Don't wait for the bank to send you their I&E form like I did. It was a waste of time. I don't want to disappoint you or worry you, but I did that too (and I sent a second letter and waited much more than 40 days) and they still didn't fully comply with my SAR un
  13. Hi lucie1973, I&E is short for Income and Expenditure. It's a form used to list everything you have coming in and going out so that the banks can decide if you meet their hardship criteria or not. I've asked the banks to send me one, and they said they will, but I'm still waiting. In the end I just downloaded one online and will send that to the banks instead. I found this site helpful: http://www.cccs.co.uk. Click the Online Debt Remedy button and then Start Debt Remedy. It gives you an idea of what's an acceptable amount for how much you can say you spend on things like pet foo
  14. FM79

    FM v Lloyds

    Landy, I haven't, but I'm on my way there now to have a look. Thanks! Best, FM
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