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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

AA Financial services ppi claim-centrica personal finance.


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You are of course very welcome:wink:

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 4 weeks later...
  • Replies 67
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Just received a cheque in the post today from AA Personal Finance for £2208 !

 

No real explanation,just says it's a payment in respect of overpayments made !

 

I'm not sure what's going on at the moment with my claim as Bank of Scotland are dealing with it but the original loan was with AA Personal Finance.

 

The amount they have offered me is less than the original loan protection amount of £2367.00 I requested 8% interest ontop of each payment made to them which I haven't got either.

 

What should I do from here ?

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Hello clarky,

 

 

Just received a cheque in the post today from AA Personal Finance for £2208 !

 

No real explanation,just says it's a payment in respect of overpayments made !

 

I'm not sure what's going on at the moment with my claim as Bank of Scotland are dealing with it but the original loan was with AA Personal Finance.

 

The amount they have offered me is less than the original loan protection amount of £2367.00 I requested 8% interest ontop of each payment made to them which I haven't got either.

 

What should I do from here ? Ask them for the 8% Statutory interest and see what they say.

 

Also make sure the link between the AA and the BOS ask what link they have when it comes to your finances:eek:

 

This will most probably be a gesture of goodwill without any admission of liabilty with regard to the sale of PPI. ( usual tactic ).

 

You can now accept their offer as a final settlement or a part payment of your original claim. You can turn it down and proceed to a complaint to the FOS, who will then look at your case and make a decision.

 

It all depends on you making a considered decision that no other person can make.

 

The RBS offered me a goodwill gesture of £2.6K I turned it down. I asked for the 8% Statutory Interest which they refused so I went to the FOS and was then offered a revised £3.8k which has not yet been paid. (remember money in their hands is profit. Money in mine is not)

 

The choice is yours clarky but good luck whichever way you go.;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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alanalana - Thanks for the reply.

 

BoS wrote in the last letter to me that any offer would be a full and final settlement of the claim.

 

Am I right in thinking then that I can accept this payment as a settlement for this one loan agreement but still pursue my older loan agreements with them ?

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Hello Clarky,

 

BoS wrote in the last letter to me that any offer would be a full and final settlement of the claim. As in my earlier post You are not obliged to accept this offer, go to FOS and IMO as you have been made an offer this is admission of liability and the FOS would most probably uphold your claim:) The fact there is an offer on the table means they know you would have a sound case on mis-sold PPI Otherwise they would have rejected it outright Am I right in thinking then that I can accept this payment as a settlement for this one loan agreement but still pursue my older loan agreements with them ? I would suggest that you can accept this and then proceed to claim older loan agreements but it wil depend on the age of the agreements. Can you provide details?

Hope this is of use:wink:

aa

Today 21:56

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Share on other sites

  • 3 weeks later...

Little update on my claim:

 

After receiving a cheque for £2208,I decided to write a letter to BoS stating that I was willing to accept that amount as part settlement of my claim and would still be pursuing my other loan agreements with them.

 

I also stated that the amount of £2208 was not inclusive of the 8% interest that I was entitled to.

 

I received a letter today saying that after further review of my claim they had decided to pay me a further £899 which is the 8% interest that I should have been paid with the initial amount of £2208 !!

 

It also says that this £899 is an interest payment which is taxable and I need to deal with this through my tax office. Anyone know what I am required to do with regards to this ?

 

BoS are saying that they cannot investigate my older loans as I do not have the agreement numbers. Can I send them a S.A.R to try and get hold of these agreement numbers even though they are saying that this payout completes my claim ?

 

Thanks for your help.

 

Simon

Edited by clarkywrx
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Hello Clarky,

 

Little update on my claim:

 

After receiving a cheque for £2208,I decided to write a letter to BoS stating that I was willing to accept that amount as part settlement of my claim and would still be pursuing my other loan agreements with them.

 

I also stated that the amount of £2208 was not inclusive of the 8% interest that I was entitled to.

 

I received a letter today saying that after further review of my claim they had decided to pay me a further £899 which is the 8% interest that I should have been paid with the initial amount of £2208 !! The additional letter was worth the effort then:) I refused my first goodwill offer and went to the FOS and ended up with an additional 30%.

 

It also says that this £899 is an interest payment which is taxable and I need to deal with this through my tax office. Anyone know what I am required to do with regards to this ? Cannot be too sure with your case however the banks I have noticed when refunding the Satutory 8% interest seem to be paying it net of tax. I believe it is up to them to sort out the tax issues here. They after all messed up so let them sort it out.

 

BoS are saying that they cannot investigate my older loans as I do not have the agreement numbers. (RBS tried this with me but eventually came up with four accounts previously held with DLFS). Can I send them a S.A.R to try and get hold of these agreement numbers even though they are saying that this payout completes my claim ? You should not need to send another SAR if you have already sent one. A SAR is for all data that is relevant to you as a data subject and not just for one particular loan. If the payments on the loans were taken from a current account with the same bank tell them to check the statements of account to see what amounts were paid for the loan and the dates they were paid. They should also have information as to which accounts the payments were being made to.

Thanks for your help.

 

 

They will no doubt have the information if it is not forthcoming write to the Information Commissioners Office complaining that the bank are failing to comply with a Legal Statute at Law namely the Data Protection Act 1998.;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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aa - Thanks for your reply ;)

 

I should have mentioned that I have not sent a SAR yet !

 

I have already sent them details of monthly payments,dates etc to which they never responded. It was this last letter that I sent them asking for a reply within 14 days that they replied with what I have posted earlier.

 

So,should I send them a SAR to try and get hold of my previous loan details ?

 

Thanks,

Simon

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Hello Simon,

 

aa - Thanks for your reply :wink:

 

I should have mentioned that I have not sent a S.A.R - (Subject Access Request) yet !

 

I have already sent them details of monthly payments,dates etc to which they never responded. It was this last letter that I sent them asking for a reply within 14 days that they replied with what I have posted earlier.

 

So,should I send them a S.A.R - (Subject Access Request) to try and get hold of my previous loan details ? Yes, by sending a SAR you are bringing in the Law and they have to comply. They may try and say we do not hold records that far back or the files have to be in a specific format for us to send them but basically that would be a fob off to delay you but be specific and ask for everything they have in paper, electronic, Microfische, Voice recordings or transcripts. The fee is £10.00 and they have 40 days to respond.

Best to send the SAR recorded delivery so you can track and get the delivery date using the Royal Mail online system.

 

Thanks,

Simon

 

Please check this out....

For legal issues relating to Data Protection check this link...Lots of very useful info in understandable terms.

Data Protection | OUT-LAW.COM

 

it includes the following and much much more

Negotiating with the Data Subject (This should be important to Banks)

 

At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.

 

The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.

 

When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.

 

However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get)

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 2 weeks later...

Hi,

Just received a letter today from BoS stating that their investigation into the PPI on my older loans has been completed,it states the following:

 

"As previously stated,we do not hold any details of your previous loans and it is our belief that they were sold to you by Centrica before HBOS took over. As such we would advise that you contact Centrica direct".

 

Now,as my original loan was taken out in 1999 i'm inclined to believe what they are saying(not sure if i'm right or wrong for doing that) !

 

I fully intend to pursue this as far as I can and my next move is to send a S.A.R to try and obtain the loan agreement numbers for all of my loans but who should I send it to,HBOS or Centrica or maybe both ?

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Hello clarkywrx,

 

Hi,

Just received a letter today from BoS stating that their investigation into the PPI on my older loans has been completed,it states the following:

 

"As previously stated,we do not hold any details of your previous loans and it is our belief that they were sold to you by Centrica before HBOS took over. As such we would advise that you contact Centrica direct".

 

Now,as my original loan was taken out in 1999 i'm inclined to believe what they are saying(not sure if i'm right or wrong for doing that) !

 

I fully intend to pursue this as far as I can and my next move is to send a S.A.R to try and obtain the loan agreement numbers for all of my loans but who should I send it to,HBOS or Centrica or maybe both ? If you have already paid a SAR fee to HBOS there is no need to send another BUT if they have not complied and then pointed you to Centrica I would ask HBOS for a refund of the £10.00 fee unless they have already returned it (doubtful) Then hit centrica with a SAR and make them take notice of you.

 

Your Loans do go back a bit However they by law have to keep records for a minimum of 6 years and depending upon the start of the loan and the tax year period they may be obliged to keep records for 7 years and indeed it has been shown that some banks keep records back way beyond that some as far as 15 years or more in some cases depending on which bank it is, I have claims back to 1997 and the records were still available and produced on SAR. Point is keep at them make them produce the records or provide evidence on paper that they do not exist and that they have been destroyed. If they cannot give a statement of non existance due to erasure/destruction then press them for the information:eek:

 

Keep at them and if they do not play ball or delay then time to go to FOS or Court or both in that order.;)

 

Please let us know at what stage you are at the moment.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Share on other sites

Hello clarkywrx,

 

I'm just searching on here now for info on what to include in the S.A.R

 

 

You need to ask for every little piece of data on you as a Data subject.

 

alanalana PPI claim against RBS (looking for some help) please

see this long link to see the posts and ensure you ask for all data.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Share on other sites

This is the Subject Access Request letter I intend to send to Centrica,does it contain everything that it should do ?

 

 

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

 

Dear Sir/Madam,

 

Ref account numbers: xxxxxxxxxxxx + xxxxxxxxxxxxx

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts.

 

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

 

- A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organization.

 

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

I enclose a postal order in the sum of £10 to cover your fee.

 

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

 

I look forward to hearing from you in the first instance of receipt.

 

Yours Faithfully,

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Hello clarkywrx,

 

IMO your letter looks good. You could add the red bits if you think it would be suitable.

 

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

 

Dear Sir/Madam,

 

Ref account numbers: xxxxxxxxxxxx + xxxxxxxxxxxxx

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts.

 

Please supply me with a complete list of ALL transactions and charges relating to my history with your organization, INCLUDING Loans, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

 

-Full copies of ALL contracts (including the Terms and Conditions applicable to those contracts) which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

 

- A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organization.

 

-Copies of ALL documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

-Full copies or transcripts of ALL correspondence in postal, email, electronic, (including recorded telephone conversations or transcripts of such conversations) or any other format which you have entered into with myself or any other individual, organization or third party which contains my personal or financial information, or which pertains to me as a Data Subject within the terms of the Data Protection Act 1998.

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

-Full hard copy print outs of ALL of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

I enclose a postal order in the sum of £10 to cover your fee.

 

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

 

I look forward to hearing from you in the first instance of receipt.

 

Within the terms of the Data Protection Act 1998 you will have 40 days to supply this information to me, or be in breach of the Act.

 

Yours Faithfully,

 

Simon, if you use ALL enough times they will hopefully get the message.

 

Hope you don't mind my input.;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 3 weeks later...

After sending my S.A.R to Centrica on 9th December I have received a letter today from HBOS stating the following:

 

" Thank you for your letter requesting access to the personal information held about you.

 

I have received your fee of £10 and can confirm I am currently processing your request. A copy of the information you are entitled to receive will be supplied to you as soon as possible,and in line with the 40 days allowed by the Data Protection Act 1998.

 

Please note,HBOS plc is not obliged to supply records held in paper format if they do not form part of a relevant filing system ".

 

 

I'm worried about that last part ! What exactly does this mean ? I thought I was obliged to be supplied with EVERY bit of information held about me in all formats ?

 

All I want from them is my older loan agreements so I can claim the PPI back that they owe me !

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After sending my S.A.R to Centrica on 9th December I have received a letter today from HBOS stating the following:

 

" Thank you for your letter requesting access to the personal information held about you.

 

I have received your fee of £10 and can confirm I am currently processing your request. A copy of the information you are entitled to receive will be supplied to you as soon as possible,and in line with the 40 days allowed by the Data Protection Act 1998.

 

Please note,HBOS plc is not obliged to supply records held in paper format if they do not form part of a relevant filing system ". This is a little something the banks are trying to use to let them off the hook in providing data. If they hold paper documents then they should be filed to comply with the Data Protection Act 1998 they cannot leave them lying around all over the office floor, desks, window cills etc so they have to be file and if they have to be filed then that means they have a filing system. I managed to get photocopies of letters sent months ago and in my case the ICO upheld my complaint and was about to point out the error(s) of their ways. Just keep firing off letters saying non compliance and tell them you will submit a complaint to the ICO if they fail to come up with the goods.

They are basically trying to use the wording in the Act to their benefit to cover their backs.

I'm worried about that last part ! What exactly does this mean ? I thought I was obliged to be supplied with EVERY bit of information held about me in all formats ?

 

All I want from them is my older loan agreements so I can claim the PPI back that they owe me !

 

As above keep on at them:eek:

This is a link to the DPA 1998........

Data Protection Act 1998 (c. 29)

 

Have a read through for your rights of access to your data and also please see this from the links sticky. Not sure if I have already posted but apologies if I have:)

 

For legal issues relating to Data Protection check this link...Lots of very useful info in understandable terms.

Data Protection | OUT-LAW.COM

 

it includes the following and much much more

Negotiating with the Data Subject (This should be important to Banks)

 

At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.

 

The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.

 

When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.

 

However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get)

 

 

There have been others having the same concern and I recall advice saying the banks were trying to turn the tables by quoting the DPA 1998 and that it was misquoting the ACT ( best to check up first thought) but I am sure if you flag this to one of the site team they will give you the legal point of view.

 

Hope this helps;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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This is the ICO's version of SAR information! This was following a complaint made against Barclaycard.

 

Thank you for submitting your complaint and supporting information regarding Barclaycard. Please accept my apologies for the delay in my reply. Our investigation into this matter has taken longer than initially anticipated.

 

Complaints such as yours are treated as 'requests for assessments' under section 42 of the Data Protection Act 1998 (the Act). When we receive a request for assessment, in most instances we have a duty to assess whether it is likely or unlikely that the processing in question has been carried out in compliance with the Act. However, we have discretion as to how we carry out the assessment and as to what action, if any, to take.

 

I understand from your correspondence that you made a subject access request (S.A.R - (Subject Access Request)) to Barclaycard and made specific reference to bank statements and to charges levied on your account over the last six years. Barclaycard responded by confirming that it would supply you with information from your bank statements from May 2004 onwards; however statements prior to this date would only be provided at a cost of £3 per sheet. It went on to explain that this was because these older statements were only stored on microfiche which is not a relevant filing system for the purposes of the Act so did not have to be provided as part of a SAR.

 

It may first be helpful to clarify that although the information contained within your bank statements, such as details of transactions, is considered to be personal data under the Act so must be supplied in response to a S.A.R - (Subject Access Request), the Act simply states that personal data must be supplied in an 'intelligible form'. This means that the information you have requested must be provided if it is held as personal data, but not necessarily in its original format i.e. as a bank statement.

 

As you may be aware, the Act only applies to 'personal data' i.e. information which is processed electronically and which relates to a living, identifiable individual. Information which is held in some manual (non-computerised) records can also be personal data for the purposes of the Act if it is stored in what is known as a 'relevant filing system'.

 

The Information Commissioner's Office (Information Commissioners Office) produced guidance to help data controllers such as Barclaycard decide whether or not manual records were stored in a relevant filing system; however this was amended following a Court of Appeal ruling a number of years ago (Durant v FSA 2003). In light of the outcome of this case, the Information Commissioners Office revised its guidance and narrowed its interpretation of what constitutes a relevant filing system. This guidance suggests that unless the filing system is highly structured, it will fall outside the scope of the Act and led us to conclude that in our view most manual records fall outside the definition of personal data.

 

We recognise that the definition of a relevant filing system is open to interpretation and that not all parties will agree. During recent months we have once again been reviewing our interpretation of what constitutes a relevant filing system and intend to publish new guidance in the near future, although this is not as a direct result of the recent issues surrounding bank charges. The new guidance is likely to represent a significant shift in emphasis from our existing guidance and our view will be that many more manual records are likely to fall within the scope of the Act.

 

Following your complaint and others like it we contacted Barclaycard for a detailed explanation of its microfiche system, including how the information in it is stored and retrieved. It was not clear from the response whether or not the system was a relevant filing system; therefore Barclaycard invited me and a number of my colleagues to inspect it and see the system in operation.

 

Following our visit, we concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Act. This means that in our view the information is personal data and should have been supplied as part of your S.A.R - (Subject Access Request) within 40 days and for a maximum fee of £10. As a result, it is our view that it is likely Barclaycard has contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights.

 

As I explained above, we are currently reviewing our guidance on relevant filing systems and are placing greater emphasis on the types of systems that are covered rather than those that are not. This will be based on practical examples of non-computerised filing systems. Our decision in this case has been made with this shift in emphasis in mind and it appears that Barclaycard disagrees with us. In light of the Durant ruling and our subsequent guidance, it is difficult to maintain that Barclaycard has acted unreasonably in this matter and it could plausibly argue that its interpretation and subsequent actions were consistent with the accepted view. If this occurs it will be for the Information Tribunal and ultimately the courts to decide which, if either, interpretation of a relevant filing system is correct.

 

We have informed Barclaycard of the outcome of our investigation and I will now write to it under separate cover with details of your complaint. If it has not done so already, I will instruct Barclaycard to provide you with the personal data you requested as part of your S.A.R - (Subject Access Request).

 

It may be helpful to explain that a contravention of one of the data protection principles is not itself a criminal offence and the Information Commissioner has no power to 'punish' a data controller. In such instances, the Commissioner will seek a resolution to the contravention and once satisfied that it has been remedied then in general no further action will be taken.

 

In addition, section 13 of the Act gives individuals the right to claim compensation if they have suffered damage as a result of a contravention of the Act. If this is something you are interested in pursuing, I recommend obtaining legal advice and pursuing the matter through the courts. The Information Commissioner cannot comment or advise upon any claim for compensation.

 

Thank you for brining this matter to our attention. Your case will now be closed.

 

 

 

Yours sincerely,

 

 

 

Claire Naven

 

Casework and Advice Officer

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Hello Bobby

 

I have had much of the same action and no results but we keep trying for a result keep at them to get the result you require:D

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 1 month later...

Received my S.A.R details through the post today. It's got to be over 100 pages long :eek:

 

It contains everything except the 2 older loan agreements that I wanted to enable me to claim the PPI back,however it does contain the 2 agreement numbers from these loans that I was desperately trying to obtain.

 

So,can I now submit claims for the PPI on these 2 loans using the agreement numbers even though I don't have copies of the loan agreements ?

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Hello clarky,

 

Received my S.A.R details through the post today. It's got to be over 100 pages long :shock: (read it all carefully and make notes)

 

It contains everything except the 2 older loan agreements that I wanted to enable me to claim the PPI back,however it does contain the 2 agreement numbers from these loans that I was desperately trying to obtain. (Bonus ball then) once you have the agreement numbers you can chase your claim for repayment of PPI through the Financial Ombudsman Service or the County Courts.

So,can I now submit claims for the PPI on these 2 loans using the agreement numbers even though I don't have copies of the loan agreements Yes if you have agreement numbers you can: press them for the CCA unless the loans have been settled. They are only obliged to provide info on running accounts.

At least you have information on accounts with PPI added so you can now reclaim.

 

Good luck;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Hello aa,

Thanks for replying. I'm going to send them the exact same letter that I succesfully used to reclaim the PPI back on the recent loan,will just change the agreement numbers to suit.

 

I will keep you informed with what happens :)

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