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Ashwall V Lloyds TSB


Ashwall
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:o Maroondevo52, im not sure what to do.. the statements i had just related to bank charges & int from 01 sept 2001.. it didnt include my refinancing loan which was £6000 in 2004 or any other details at all. Do i only need the details they have provided me with or should they have provided me with the full details of all activity on this account ie. all transactions, loans, OD limit, refinancing loan ect??? :(

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:Cry: Well i cant do the spreadsheets as i dont have any of the details needed! I dont have any statements just sheets listing the date charges and interest were applied to my account and nothing else.. i guess they have not provided what i asked for, so how do i go about getting full statements off them as i need the account balance to calculate my interest! Also this is going to delay my claim by another 40 days and am i going to have to pay another £10??
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I have just contacted Lloyds TSB complaints dept and explained that i wanted full statements, their response was that the information sent to me re. just the charges & Int details, are in relation to my complaint, so it seems we will all just be getting this and not the full statements as requested, never the less they will be sending me full statements dating back from April 02 to the present day and should be with me in 5 working days, and bless their hearts they said they wont be charging me for them.. how kind! More waiting.. i guess they would have gotten an extra 7 days if the statements had not arrived i just hope they send everything this time!

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I just hope they send everything this time!

 

 

So do I :p

 

 

Regards.

 

Scott.

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Maroondevo52, i have started the schedule of charges spreadsheet am i right in thinking i can add all the interest added to the account whilst O/D? Im going to have to wait for the full statements as im pretty sure not everything is here as there a few months missing .. also i have the info from 10 Sept 2001 - April 2002.. there were charges between then of £473.87 can i go back this far? ;)

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Hi, Ashwall.

 

The spreadsheet adds the interest for you.

 

Have a look at this...............

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 weeks later...

Lloyds TSB Bank PLC

Compliance Dept.

Mountbatten House

Military Road

Chatham

ME4 4JF

19th June 2008

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: XXXXXXXXX

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated May 07th 2008. 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 statements.

2) You have provided no notes, or documents relating to any agreements with your company.

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.

I would once again like to remind you that your obligation under s.7 is to supply all data held by your company irrespective of the date of such data. If you contend that you do not hold such data before such a time, please could you confirm this by providing the Certificate of Destruction.

 

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,

 

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Lloyds still have not provided me with the statements i have asked for they have sent again just a list of charges and fees, shall i go ahead and send the letter above giving them another 7 days even though i have phoned a week ago requesting full statements? Its now 2 weeks past the 40 days time limit.

I feel that this is just a delay tatic on their part but time is moving on here for me and im keen to get started. As of yet im unable to send the LBA as i cant complete the spreadsheets as i dont have the account balances at the time!! :mad:

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Am i sending the above letter to the address thats on it or to Copy Statement Unit

Lloyds TSB Bank plc

Swallow House

10 Swallow St

BIRMINGHAM

B1 2AL

???

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  • 2 weeks later...

Bump... Hello?? I need some advice please..

I sent the letter above to the statements dept, 7 days has passed and no response.. whats the next step in applying to the court for my statements??

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Thanks for that, it already feels like its gonna be an epic and i haven't even started yet!

Well in for a penny in for a pound as they say.. least i get some experience at the court stuff from the outset :-(

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Ok.. so im putting in the N1 for breech in the DPA and just claiming the £30 court fee at the moment... Also do i send a copy to Lloyds or do nothing and let the court contact them?? Also how long can i expect to be waiting for the god damn statements to come through now??

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Ok.. so im putting in the N1 for breech in the Data Protection Act and just claiming the £30 court fee at the moment...NO, claim for your time Also do i send a copy to Lloyds or do nothing and let the court contact them??Do nothing Also how long can i expect to be waiting for the god damn statements to come through now??How long is a piece of string :p

 

Ash, I would wait until I found out how much you can claim, may as well get what you are entitled to.

 

Jogs

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Normally once the papers are filed at court, the statements soon turn up. If they dont, let us know. ;)

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Thanks sea-sidelady.. I'll be sure to keep you updated.

Well im good to go! Thumbs up to Havinastella i have the documents sitting here all completed!!! ;)

I have pretty much gone along the same line as Havinastella with regards to the information on the N1 and POC. If someone could ok this on that thread or here before i post to the court that would be great.

Also.. am i only sending the one copy to the court at this satge?

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Yes, just the 1 copy for this stage.

 

I can check them if you want me to. I will go and see the other thread you are saying.

 

They will be fine.:-)

Edited by sea-sidelady

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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No. It cant be put through as costs, as that would have to be on a wasted cost order. Which you would have to show the other side has been unreasonable.

 

It would have to stay as it is. It can be put in, but im just not sure wether or not a judge would allow it.

HOW TO...DUMMIES GUIDE TO CAG...Read here

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Normally you cannot claim costs in the small claims track. People have sometimes been garanted a wasted costs order in bank charges claims becaus the bank has filed a defence, filled in an AQ and pretended they were serious about fighting the calim and then settled out of court or not turned up. THe judges have considered this as unreasonable behaviour and awarded costs.

 

There is no actual harm in putting costs in your claim - it's just that you are very unlikey to have them awarded.

 

I had a look at the link in jogs' post and that does have a damages claim which (to me) seem to be costs. I don't know of anyone who has had these awarded. I will confer with our (SSL and mine) colleagues.

  • Haha 1

 

 

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Thank you everyone or your help and advice its much appreciated. :)

 

Steven, shall i just send anyway or wait for you to get back with some more info?

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