Carrera74 v Lloyds TSB

[GaryH]

As Reload says, it does'nt matter where you sent it so long as its a registered business address of the company you are making the request to. You could send it to any of their offices - or any branch for that matter - and it would be valid. The only problem I can forsee is that you did'nt send it recorded. If it was "lost in the post" you'd have nothing to prove it was ever sent, so it could'nt really be enforced. That said, I'm sure it won't come to that - they're very busy at the moment apparantly ( ) and they may just need a gental nudge. You are welcome to use my Data Protection Act 'gental nudge' letter if you like. Its worked every time for me so far. (Yes, I did have my tongue firmly attached to my cheek when I wrote the second paragraph! )

 

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

 

 

 

(YOUR ADDRESS)

 

 

Penny Berryman

Senior Manager

Data Protection Dept.

Lloyds TSB Bank PLC

The Pentagon

48 Chiswell Street

London

EC1Y 4XX

 

 

(DATE)

 

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: **********

 

You have, to date, failed to comply with my Data Protection Act 1998 Subject Access Request. This request, dated (**/**/**), was sent to (THE ADDRESS YOU SENT IT) by first class (recorded) delivery on (**/**/**), along with a cheque for the statutory maximum fee of £10. Please find a copy of the Subject Access Request enclosed with this letter (along with a copy of the proof of postage).

 

The 40 days allowed for compliance will expire on (**/**/**). As a reputable and esteemed organisation, I trust that you take your legal responsibilities seriously and that you intend to fully honour your obligation to provide me with the information that I have requested, within the required period.

 

However, I wish to make clear that should you fail to comply, or fail to comply in full, I will seek a court order under section 7 and 15(2) of the Data Protection Act 1998, obliging you to do so, together with damages at the discretion of the court. Furthermore, I will file an official complaint with the Office of the Information Commissioner, as well as the Financial Services Authority.

 

 

 

Yours Faithfully

 

 

 

 

 

(YOU)

 

 

If you do use it, don't forget to attach a copy of the SAR

[GaryH]

Excellant news! Onwards and upwards with the next stage then.

 

Keep us posted.

[GaryH]

My LTSB account has'nt got an O/D so I'm not entirely sure, but probably not. Is the fee a set amount payed every month for the normal usage of your overdraft? Then no, becouse its a legitamate service charge. If its any sort of penalty for going over the limit or anything like that, then yes, its reclaimable.

[GaryH]

Probably a penalty then. Check with someone else though, to be on the safe side.

[GaryH]

Thats the one Carrera.

[GaryH]

Thats right. Its they who owe you money, so its you calling the shots. Stick ridgedly to your timetable, and take no notice of their standard template replies. Send the LBA, then be ready 14 days later to file the court claim.

[GaryH]

Could do, but it does'nt really matter either way. All the charges complaint correspondance goes through 'customer care' in Birmingham anyway.

[GaryH]

Take no notice of that letter, its just the standard rubbish. Stick to your timetable as planned.

[GaryH]

Send them a letter telling them you're happy to accept these charges *if* they are truely representing the cost to them for your breach. Then ask them to give you a detailed breakdown of how these "costs" are worked.

 

Then restart your clock

 

Since all banks seem to be unwilling to prove that the charges are true reflections of the costs they incur (I wonder why! ), this letter should shut them up.

 

Ofc if they DO provide a breakdown of their costs, I'm sure we'll all be thrilled to see them!

 

Although these are all good points, to send a further letter would be a complete and utter waste of time and paper. The prelim in the templates already asks for a disclosure of their true costs, and to start the timetable again is playing straight into Lloyds hands and ultimately would only cause you another months delay. Why enter into a protracted exchange of correspondance? The response would be the same. Lloyds simply won't pay up untill you file a court claim and the quickest and most effective path to that stage is prelim then 14 days, LBA then 14 days, then file a claim. To delay the pre-litigation period is pointless.

[GaryH]

Oh, ok fair enough. Even so though, there still is'nt any point sending any further letters. Lloyds would dismiss it as they do with any letter regarding charge complaints. The prelim and LBA are worded specifically to cover all the necessary bases prior to litigation.

[GaryH]

Yep, file now. Use the new POC from the templates library and file at your local court.