Ali v Clydesdale (Data Protection Act stage)

[Tesseract]

Hello all

 

Superb site! I found out about it after discussing the Clydesdale's heinous charges with a friend.

 

I went a couple of pounds overdrawn, while I was away on holiday, and they charged me a total of £75. I called them to ask if they would waive some of this as I was out of the country and therefore unable to bring my account back in line. The fabulously helpful girl in the call centre advised it was my own fault and nothing would be waived, and on my threat to close my account she said go ahead!

 

So I have sent the Data Protection Act request, and had a reply. The letter confirms receipt, and that they will provide statements going back 6 years (this seems to be an improvement from what I've been reading elsewhere in this thread). However they are still playing their usual tricks and state:

 

"We also note your request for disclosure of data relating to manual intervention on your account. This is not data which you are entitled to receive under a data subject access request and accordingly no such disclosure will be made".

 

So I'll be sending another letter tomorrow to let them know their error.

 

(funnily enough I work for one of these great institutions, and sit through a refresher on Data Protection Act every year, even though there is totally no need for me to know. It always seemed very clear that we have the right to all data held about us in any format)

[Hedgehog]

Go get them!!

[vselym]

Hi Ali

 

i got the same letter on the 30th, is there a specific part of the DPA which states all info in any format ? any chance u could post the reply uv drafted to them

 

Thanx

vselym

[Tesseract]

I used a combination of letters from the Llibrary, and Alf, as below. I am no legal expert, but I think I covered all the angles, we'll see from their reply...

 

Dear Sir/Madam

 

ACCOUNT NUMBER: XXXXXXXX

 

Further to your letter of 29th August.

You stated:

"We also note your request for disclosure of data relating to manual intervention on your account. This is not data which you are entitled to receive under a data subject access request and accordingly no such disclosure will be made"

 

You do not explain why your understanding of the act led you to this decision, I believe you have misunderstood the scope of the act and refer you to the following sections:

 

1.1 Defines data to include any information that is processed or recorded as part of a relevant filing system, or automated process. It defines the data to be any that relates to a living individual who can be identified either from the data or in combination with other information in your possession, or likely to come into your possession. Further it defines both the scope of the range of activities that fall within the term Processing and gives a clear definition of filing systems.

 

7.1 Details my entitlement to the personal data held and the purposes for which they are being or are to be processed

 

I also refer you to the Information Commissioner's Data Protection Legal Guidance notes, paragraph 2.1 which notes that non-automated information systems such as 'paper files, rollerdex, and non-automated microfiches' are now covered under the act, and the transitional relief period relating to that expired on 23rd October 2001.

 

To sum up in plain English, the Act allows people to find out what personal information is held about them, and can be on computer or in paper records. I struggle to understand your refusal to disclose the data I have requested within the boundaries of the act, and if you do not comply with my request I will raise a complaint with the Information Commisioner

 

You have a further 37 days to comply.

Yours faithfully,

 

[vselym]

Ali

 

many thanks for your last post, im not attempting to hijack this thread, but did your letter make reference to the fact they would only supply 6 years worth of statements ? The fact that they have refused to include any details of possible manual intervention will only weaken their case if they later use it as a means of defence, my main concern is that they seem to have arbitarily decided on 6 years, as i cant find any reference in the DPA to substantiate this. They may of course be confusing this with the limitations act, but this pre 2000 info is critical in another case im preparing which is why i ask

 

Thanks again, and if anyone else could clarify this point id be grateful

 

Good luck

 

vselym

[Tesseract]

The 6 years was in my first letter I sent (the DPA request in the Library). I am not 100% on the detail/ legislation, but remember reading that this is as far back as you can claim. I guess there is some sort of statute of limitations on how far back you can go?

 

It would be good if this wasn't the case as I've been with the Clydesdale for about 18 years, I could probably retire if I could claim that far back + interest!

[vselym]

Ali

 

Thanks for the clarification, my SAR didnt include a time period, just stated 'banking history', so seeing as we both got identical letters it would prove once again, as if we needed any, of yet another automated process from the banks, they just wont learn ! They surely now cant even claim to have 'manually intervened' with an SAR, thanks CB

 

Regards

 

vselym

[Tesseract]

The above letter worked a treat.

 

I received a reply on Friday, which was amusing as the basic gist was oh sorry didn't realise you wanted that info - despite the specific rejection in the first letter. I was so tempted to send another letter back pointing out how feeble the excuse was, but I am rising above it and saving my fight for getting my money back! (I'll post quotes from the letter later).

 

So they have now agreed to provide everything I asked for, just need to wait until they actually send it, what's the betting that it will be right at the 40 days?

[judi24]

You are all so much better tahn me at this. I got exactly the same letter back and just accepted it. I was pleased to get all my statements back well within the 40 days (about 20 I think). I ahve sent my initialrequest today so it's too late to send a letter like yours. I'll have to pay more attentions as it might have strengthened my case too. I am so dim whwn it comes to stuff like this!

[janzer]

Hello - I am just wondering if anyone has used one of the no win no fee companies to obtain a refund of their charges - am with one now to recalim 674 from Yorkshire Bank but it all seems to be taking so long - first got the back statements in June and nothing really happened since - apart from cheque from YB for 337 which was rejected - would be really greatful if anyone had any experience of the no win no fees people -- Thanks

[caro]

This site is about empowering people to do the claim themselves, so I don't think many will have experienced these companies. I somehow doubt that the companies do much more than we do for ourselves as all you can do is write a few letters and submit a claim to the court. It's up to the court then. Some banks do take longer than others to claim from and YB are certainly one of the longest. I got my statements around May and haven't settled yet.