mum to the rescue

[s k shaw]

I have written, on my son's behalf, to his bank. The original 40 days to respond has now expired and I believe that I now have to write to the Information Commissioners's Office. Can anybody send me a copy of a letter that they have used themselves? I can't see from their website, that there is an email address - does anybody know of one? Do I need to write to the bank to tell them that I have written to the ICO?

 

Please advise.

 

Many thanks.

[Ihatebanks]

Did you send letter by recorded deliverywith £10 fee? Has it been signed for and have they cashed your cheque?

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

[s k shaw]

Hi

I hand delivered the leter together with the £10 cash and I obtained a receipt at the same time.

[caro]

You need to send them an LBA giving them another 7 days or you will report them to the ICO. Look in the Bank Templates Library and check out the FAQ's etc a bit more. All the information is on the site but you need to research it all yourself to get a better understanding of the process.

 

Good luck:)

[s k shaw]

Hi everybody

 

I have a claim myself that is posted under Yorkshire Bank but I have also started a claim on behalf of my son against the Nat West. I did not receive any response in relation to my request for information and have today delivered the 'Letter before Action' relating to the Freedom of Information Act.

 

I'll let you know if anything happens and if I need any assistance in sending a notice to the courts.

 

Keep up the good work everybody.

[lipscombe]

Good luck s k, I did the same for my son, and got his chq for £1438.44 yesterday!! I had just returned his AQ back to the court!! Just keep you your time scales & follow procedures - it all falls into place trust me!

 

Keep going it is worth it x x

[s k shaw]

Hi Everybody

 

I'm currently waiting for a response from the Nat West having issued the LBA Section 7 – Data Protection Act 1998 on the 1st August. I have one problem, which I would appreciate your views on - I have not had an acknowledgment to either of my letters. I hand delivered both and had a receipt for the letter and £10 fee with the request for information letter - can't find the receipt anywhere. Would I have to have evidence of having written and paid the fee before the court will even look at my complaint? In which case did I ought to bite the bullet, start again and pay another £10?

Has anybody else had to serve a Section 7 & Notice?

Regards.

[s k shaw]

Thanks Lipscombe, nice to know that somebody has already been where I now dare to tread. Did you do everything on behalf of your son and would/could you have gone to court on his behalf if he were not available? My son would not be able to take the time from work and I'm wondering, if it went that far, could I go on his behalf?

 

Please advise if possible.

 

mum.

[blacksheep1979]

Hi Everybody

 

I'm currently waiting for a response from the Nat West having issued the LBA Section 7 – Data Protection Act 1998 on the 1st August. I have one problem, which I would appreciate your views on - I have not had an acknowledgment to either of my letters. I hand delivered both and had a receipt for the letter and £10 fee with the request for information letter - can't find the receipt anywhere. Would I have to have evidence of having written and paid the fee before the court will even look at my complaint? In which case did I ought to bite the bullet, start again and pay another £10?

 

Has anybody else had to serve a Section 7 & Notice?

 

Regards.

 

Did you pay by cheque? If so if they have cashed it that is proof of receiving payment.

 

As to going to court for your son if the court action is in his name they could ask for it to be dissmissed as he isn't there - but shouldn't get that far.

[s k shaw]

Hi Blacksheep1979

 

No I paid by cash which was another good reason for getting the receipt.

[Guest NATTIE]

The process, which I am fully aware of, clearly states from the banks own processes that NW should acknowledge SAR requests "by phone preferably". Clearly from reading the threads this is not happening

[s k shaw]

My son has certainly not taken a phone call. Myself and his dad don't recall having taken a call where the caller wouldn't leave a message - this is what I would have expected as the bank are unlikely to speak to anybody other than the account holder.

[blacksheep1979]

Student loans company wrote me a nice letter andd told me when I could expect the response to my SAR - lets hope they stick to it.

[s k shaw]

Hi Caro

 

I have read all the FAQ's and now gone as far as researching the MCOL. The following is the letter I delivered on the 1st August so time's up come tomorrow. But the problem is they have never acknowledged either of my letters and I have mislaid the receipt for the 1st one plus the £10 fee - should I just ignore this and forge ahead?

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account:

 

You have failed to comply with my Data Protection Act Subject Access Request dated 12th June, 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.

 

Caro - your view on this would be much appreciated.

 

Regards

Sandra

 

 

 

[s k shaw]

Hi Folks

The 7 days was up yesterday and I am looking at sending the N1 form to the County Court in respect of DPA Non-Compliance. Please advise on the following: -

 

1 Value - is there one?

2 Under the 'Particulars of Claim' do I need to include a claim for damages when all I want is for the court to instruct the bank to send the damn statements? I am getting quite frustrated about this and would really appreciate some guidance/advise.

 

Somebody please answer.

 

Regards

Sandra

[s k shaw]

Help please - I don't quite know how I managed this but how do I move this thread into the Nat West Forum?

[dan-rides-bikes]

id remove your acccount number from the above post for security reasons if i were you,

 

pm a mod to get the thread moved

[s k shaw]

Thanks Dan - I can't believe I did that!!!!!

 

How do I 'pm a mod'? Am I looking for an email address somewhere? I've looked and can't see how I would send a message to a chosen individual. Can your advise?

 

Regards - Sandra

[mechs]

I will get it moved

[Sem]

did you try and phone customer services and orders statements that way

at first i sent the DPA letter and the £10 cheque

 

after 2 weeks didn't hear a thing neither did the cheque get cashed but after i phoned them they took £5 out my account then all my statements arrived 7 days or so later

[s k shaw]

I am desperately trying to get some guidance on whether to start again and pay another £10 to proceed with issuing an N1 claim form to the courts in relation to non compliance of DPA. Actions todate

 

12/6 - Hand delivered the 1st letter requesting statements etc. together with £10 cash for which I had a receipt - no response

1/8 - Hand delivered letter of non compliance to DPA request - no response

 

Unfortunately I have mislaid the receipt and have not received any written (or other) confirmation or response to either of my letters. I feel that if I proceed with the N1 claim to get the courts to make them respond to my request, I'm going to look pretty silly if they deny having received any such request and I can't show any proof of having delivered one.

 

Can anybody pleeeeaaaaaaaaaasse offer me some advise? If I have to start again then so be it.

[jonni2bad]

Can your son phone the bank to ask if they have the request?

 

Not having proof that they received the request would not help, but might not be the end of the matter. I think it best if we get some clarification of them receiving the request before you get to court.

[Guest NATTIE]

I would suggest Customer Relations Unit/DPA bod(a few members have had a lot better response on the latter) as they have a separate notes system to telephony and branch.

I wouldn't send another cheque just yet

[caro]

I hope the above advice helps with your immediate problem. As regards going to court, your son can have a representative on his behalf, so it would not be a problem if you went in his place should it get that far.

[s k shaw]

Thanks everybody - much appreciated

 

At long last the information has arrived - better late than never - I suppose. I can now go through the statements and input the charges to the spreadsheet. Once complete I'll submit the request for repayment.

 

Keep you posted

 

Mum