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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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Manual Intervention - DPA request denied - Legal?


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I have made a DPA request to my bank including a request for details of manual intervention.

 

My bank have replied saying that as well as the effort needed to investigate being disproportionate (you what?) they are not legally obliged to provide such information.

 

Are they correct in this statement or are they in fact lying?

 

As this request was made under a DPA request should they be forwarded to the IC for further investigation.

 

Need an answer so I can get back to them. The have already wasted 9 days of their 40.

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

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Lying. In making that statement they have acknowledged receipt of the request.

 

They have 40 days - report them if they miss the deadline.

 

If you do have further contact with them, you can remind them that time is running out...but you are not under any obligation to do so...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

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Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Under DPA the bank is only required to provide you with personal information, that is held

1. Electonically,

and

2. Manual information that is stored/kept in a relevant filing system.

 

The disproportionate effort exemption was applied in my case when I made a request for information to a firm of Chartered Surveyors who had been instructed by the Bank.

I contacted the Information Commissioner, who in turn made enquiries to the Surveyors.

Im afraid the Commissioner accepted the Surveyor's excuse.

Due to it's limited resources, the Office of the Information Commissioner appears to be prevented from fulfilling the tasks that they were intended to tackle.

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Surely that can't be right? ALL information about you would fall under the DPA remit...

 

If you contact a body, and they make notes, they are taking information you have provided. If they choose to use a different medium (such as wax tablets or even hammer and chisel) for taking this information, it is still information that you are entitled to.

 

If it is going to take extra effort for them to retrieve it...well, serves them right for storing it in an inconvenient format...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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of course they are diddled. you dont think the govt would give outside agencies teeth to actually investigate businesses do you? i hope people are learning a lot about the system from their own dealings with banks, on how banks break the law, and the govt sets up useless bodies to "protect" the consumer that do nothing.

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The bank is the Halifax, I have a thread in there with other stuff that isnt relevant to this thread.

 

I sent in the standard DPA request letter and recieved a list of transactions and charges going back to '03 (A/C opened in 01/03) havent sorted them into date order, however in a cover note they informed me about their legal obligation, or lack of, to provide details of manual intervention.

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

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My reading of Smith v Lloyds is that if the data is stored in a box with a lot of other stuff not easily found they do not have to retrieve it. If it is in a filing system, in no matter what format be it paper, microfiche or electronic, it must be disclosed. As always, I am willing to be corrected. 8)

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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If all manual data relating to an individual is held chronologically, in a lever arch file with the persons name on the front a data controller does not have to disclose the info as it is not considered by the courts to constitute a relevant filing system

If this same file had dividers for different categories of information, eg health, timekeeping, complaints etc this would be deemed a relevant filing system, and would be caught by the Act.

I know it is ludicrous, Ive already been down that road as a litigant in person against a Bank during a 3 day multi track trial. My case was ongoing at the same time as Durant v FSA

Again Judgment was given in favour of the bank !

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Yes, their reply was in writing. Click on the Halifax link in my sig for a full transcript of the letter.

 

I can also scan and email it to the site if anyones interested

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

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I see your point. However, a copy of the notes they must have made is not too difficult. You must phrase the question carefully. If there has been a manual intervention in an automatic process, there must be an electronic record of any such intervention. This must be disclosed.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

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