Subject Access Request: Data Protection

[Balbadier]

Hi there

 

I wrote to Lloyds Bank Nominees, 48 Chiswell Street on 30/08/2006, as advised by the "esd" data protection website. Ironically Penny A Berryman replied to me to say that I should have written to Swallow House, B1 2AL. Ironic because on the FAQs, it says we should write to HER. Anyway, I checked on the data protection website and the Birmingham address did not exist on there so I put my complaint in writing to the Information Commissioners Office, AND wrote to Lloyds again at the address I had now been given. This involoved a further 99p for another letter (another piece of paper and another envelope!) to be sent recorded, and of course the enclosure of another cheque for the required £10, as she was also quick to point out that the payee was wrong. All done and dusted I was happy................ until today.

 

I have received my letter back and it has not even been opened. It still has my recorded delivery sticker on it, but also has a red sticker, where the option that has been ticked is "address has gone away". I read it as addressee has run away. Anyway, I will write to the Information Commissioner's Office again, and will ring Lloyds to ask "who exactly is dealing with your data protection requests?" Alot of people on these blogs just wrote to their local branch but I did what I thought was the correct thing, as advised on here and it so hasn't worked out. Didn't think I should trouble my local branch with it, but obviously should.

 

Just thought I would let you all know that the official route is not always the correct one!!! I will keep you posted, but my 40 days IS TICKING, and my cheque book is getting emptier, as I now move onto cheque number three!!!

[lurchy666]

lloyds tsb

125 colmore row

birmingham

b3 3sf

 

i think u need this address this is where the replys mainly come from i've sent all my letters to it and got replys

[GaryH]

I can confirm that Penny Berryman does indeed deal with Data Protection matters for Lloyds. In fact she is the manager of that department. Hundreds of members of this group have sent, and continue to send, SAR's their. She may then pass them on to the copy statement unit, but that is neither here nor there. If you sent in a SAR to ANY Lloyds address, with the £10 fee enclosed, the clock starts ticking from the date they receive it. As you sent it recorded, they have'nt got a leg to stand on.

 

The IC office is all well and good but don't expect any quick results - I sent them a complaint about HSBC regarding non-compliance, but it was all sorted a month ago and I still have'nt had so much as an acknowledgement from the ICO. The best route to go down (when the forty days are up) is a court order under section 7 and 15(a) of the Data Protection Act 1998. Heres the letters I use, first a reminder and secondly a Letter Before Action. Feel free to use them if you wish. Send the first straight away, and the second after the 40 days are up.

 

(YOUR ADDRESS)

(THEIR ADDRESS)

(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)

 

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

(YOUR ADDRESS)

(BANKS D.P.A ADDRESS)

(DATE)

LETTER BEFORE ACTION

Dear Sir/Madam

 

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

You have failed to comply with my Data Protection Act 1998 Subject Access Request. This request, dated (**/**/**), was sent to you by first class recorded delivery on (**/**/**), along with a postal order 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. A copy of this was also enclosed within the letter of reminder I sent to your department dated (**/**/**)

The 40 day’s allowed for compliance expired on (**/**/**), and you are now in breach of the Data Protection Act 1998.

I require this information to be furnished immediately. If you have not complied IN FULL within 7 days of the date of this letter, I will file a County Court action under Section 7 and 15(2) of the Data Protection Act 1998 at 9am on the morning of (**/**/**)

Furthermore, I will file an official complaint with the Office of the Information Commissioner, as well as the Financial Services Authority.

Yours faithfully

[GaryH]

lloyds tsb

125 colmore row

birmingham

b3 3sf

 

i think u need this address this is where the replys mainly come from i've sent all my letters to it and got replys

 

No, they are nothing to do with Data Protection Act matters. That department deals with the charges complaints, so use that address for prelims, LBA's etc.

[reload]

Nothing to add here, except in support of GaryH - his comments are entirely correct.

[JMahood]

Bizarre, but I had my letters to NatWest requesting information under the data protection act returned to me 4 times - they were all sent recorded delivery. Every letter had a red sticker on it saying the address was incorrect and yet the post office clarified that the address was correct and it was on NatWest's letterhead also!

[Aunty Usary]

I have just received my statements of charges etc from Loyds TSB. I sent the letter to my branch, recorded delivery and when I telephoned a few weeks later they said they had not received it and I had to go through loads of phone calls being passed from dept to dept to Customer Services etc to try to find out what had happened / ask by telephone for the data required. Finally spoke to someone who said he would sort it out. Meantime, telephoned and went online to Royal Mail and it was confirmed that a bank employee had signed for the letter weeks beore. A couple of days later a letter arrived from my branch manager saying my letter had just arrived that morning and returning my letter and £10 saying another dept was now dealing with the matter. Trustworthy, reliable old bank and bank manager! Perhaps I should impose penalty charges for the bad service !!??

[daisy_bumbleroot]

This may come across as a silly question... but, do we put Lloydstsb as who to pay the £10 SAR cheque to?

[reload]

Lloyds TSB Bank PLC should do it Daisy.

[daisy_bumbleroot]

Thanks

[reload]

Hi Vital,

 

The OFT's guidelines are just that - guidelines, and for credit card companies to boot, although they do say they believe the rule should apply to bank accounts too.

 

It also seems the OFT have yet to come down on any of the banks/card companies who have yet to lower their limit to the guideline figure. The £12 isn't a be all and end all however - the OFT also say that it won't automatically be seen as a fair figure, it's just a level to set intervention at.

[reload]

Why should they be allowed to keep money which should rightfully be mine?

 

Damn straight Vital. We're behind you all the way.

[anne.craig3]

I have finally got off my backside and printed my Access Request letter today. I hope with the help of you all I'll get some satisfaction from my 'bank' the Halifax, tho' I won't hold my breath

 

I intend to hand it into my branch personally, and request a receipt. Let's see if they tell me they've never received it then? Hehe

 

I'll let you know how it all goes. Thank God and others for this site

 

Annie

[Vital Spark]

Hmmm, just had a thought (can be dangerous).

 

Those banks have had our money invested for some time now: some of it for up to 6 years. I bet they get a good return gaining a darned site more interest than they ever give us but is the profit they made with money which isn't theirs to invest, really their money? Shouldn't they be forced to give a substantial donation to a Charity or two using all money earned from their wrongfully charged customers investment profits?

 

They claim to be money experts so surely they could work it out. They could cetainly do so, if it were we who owed them.

 

Just a thought.

[Gina37]

I am still slightly confused. I am with the Bank of Scotland, do I send my letter to my own branch????

 

Many thanks for help

 

Gina

 

 

 

Please start your own thread where this will be answered

information on starting a thread can be found here

[Sunfactor]

This may come across as a silly question... but, do we put Lloyds TSB as who to pay the £10 S.A.R - (Subject Access Request) cheque to?

 

 

 

 

 

Yes I did & received all my statements that i requested

[Vital Spark]

I have just received my statements of charges etc from Loyds TSB. I sent the letter to my branch, recorded delivery and when I telephoned a few weeks later they said they had not received it and I had to go through loads of phone calls being passed from dept to dept to Customer Services etc to try to find out what had happened / ask by telephone for the data required. Finally spoke to someone who said he would sort it out. Meantime, telephoned and went online to Royal Mail and it was confirmed that a bank employee had signed for the letter weeks beore. A couple of days later a letter arrived from my branch manager saying my letter had just arrived that morning and returning my letter and £10 saying another dept was now dealing with the matter. Trustworthy, reliable old bank and bank manager! Perhaps I should impose penalty charges for the bad service !!??

 

I handed my SAR letter into my local branch, which (I should point out,) is not my base branch. I asked for a receipt which I was given. The information arrived shortly after except that theys ent 5 years worth of information and I requested the hisroty siince opening my account with them.

 

Unfortunately, I can't get hold of any of the folk I need to help me with this case: the most local moderator I know of is unreachable as my PMs are always returned telling me that his inbox is full.

 

The apper work I received from Lloyds is a mish-mash of figures which is jsut a mess to me.

[mainrock]

hi i dont keep my bank statements to work out how much to claim back. Do i ask for copies? as it would be more expense to me.

[BARTY]

hi i dont keep my bank statements to work out how much to claim back. Do i ask for copies? as it would be more expense to me.

 

Hi

You need to send the following:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

And also, please read the following, you need to have a basic idea of the process before starting:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Also start up your own thread, then you can ask any questions on there.

Good luck!

Barty:)

[Sunfactor]

when u send your first letter (SAR) enclose a cheque for £10 pounds made out to Lloyds TSB they will send you 6 years bank statements then you can work out your charges dont forget only allow 40 days for there reply

[jorjenjes]

before i send my first letter i need to know which is the correct address ive been reading and so far there seems to be 2 one at 25 gresham street london, and the other beeing 125 colmore row birmingham i live in hampshire but i dont know if that makes any differance either can any one halp give me the right one for lloyds data protection thanks:confused:

[BARTY]

before i send my first letter i need to know which is the correct address ive been reading and so far there seems to be 2 one at 25 gresham street london, and the other beeing 125 colmore row birmingham i live in hampshire but i dont know if that makes any differance either can any one halp give me the right one for lloyds data protection thanks:confused:

 

Lloyds TSB Bank Plc

Copy Statement Unit

Swallow House

PO BOX 139

10, Swallow Street

Birmingham

BX1 1LT

 

 

Barty:)

[vmac]

Hi ,

 

Some help required please.

I have received a list of bank charges from Lloyds Copy Statements Unit and within the required 40 days. However, I most need statements / charges for the period March - Sept 2001 and in a cover letter, they explain that this period is 'archived' and if I need them, i must return their letter and be prepared to wait another 40 days.

 

Can they do this ?

Have they not taken my 10 pounds without fulfilling my SAR in full ?

How should I reply (as well as sending back the letter as they suggest)?

 

Many thanks, VM

[ve54akz]

i have just received a reply from first direct for my request for information stating that my signature does not match the one on record !!!!!!!!!!!! is this just an excuse?

[BARTY]

i have just received a reply from first direct for my request for information stating that my signature does not match the one on record !!!!!!!!!!!! is this just an excuse?

 

Hi

You are in the wrong forum this is Lloyds! Try posting your message here:

http://www.consumeractiongroup.co.uk/forum/first-direct/

 

Barty:)