@asklloydsbank Starting a Lloyds TSB - PPI Claim ***Claim Successful***

[ims21]

[Hass1235]

Hi ims,

 

This morning I received the following letter:-

 

"Thank you for your letter date 28 July 2011. I am sorry it has taken a while for me to reply.

 

You state that under the Anti Money Laundering legislation, we are required to keep records for a period of six years following the closure of an account. Your credit crads closed in 2001 when they were transferred to our Credit Operations area. With regrads to your loan, the notes from our Personal Banking System detail that you a loan in July 1998 for 60 months. The loan would have completed in 2003, which is more than 6 years ago.

 

Details of when records have been deleted or disposed of do not constitute personal data and we are not obliged to keep a record of this. All paperwork that contains personal or financial data is disposed of in a secure manner.

 

My letter dated 18 July 2011 advised you that we had fully complied with your request for information by issuing all data that was still held by Lloyds TSB and that you would now have to direct any correspondence regarding alleged non compliance to our Customer Relations department in Birmingham. Thier address is as follows:

 

Any further correspondence received in this department will be forwarded to our Customer Relation department in Brimingham."

 

It looks they won't comply with SAR even thought they making contradictory statements:-

1) Just because they transfer the account to another department, it does mean the account cease to exist.

2) Though the loan started in July 1998 and the loan would have completed in 2003, I did not pay it off until 2006 and they know the SAR is not only restricted to 6 years.

3) Previously they were quoting that the opening of the account being 13 years ago and now they are saying 6 years because I mentioned the Anti Money Laundering legislation in my last letter.

 

It looks like they will not comply with the SAR and will just keep frustrating me. Could you please help me with what I need to take a court action for non compliance.

[ims21]

Hi

 

Lloyds seem to be getting more awkward by the day judging by threads I've been reading lately.

 

A good first point to take this further would be to have a good read of the following thread and the other linked threads within. It will be a bit of a read but will be well worth it I think

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**&highlight

 

Regards

 

ims

[Hass1235]

Hi ims,

 

Thank you for the thread it's very helpful and I used it to draft my lba letter last month. It looks like ltsb has been using the delaying tactics a very long time.

 

I've used Havinastella's N1 to draft mine and I would be grateful of what you think and your input as always.

Is the Ltsb address the correct one? I'm not planning to claim any damages just the court fee of £30 (is that the correct amount).

 

"

Defendant:

LLOYDS TSB BANK PLC

25 GRESHAM STREET

LONDON

EC2V 7HN

 

Brief details of claim:

Order under Section 7 and Section 15(2) of the Data Protection Act 1998.

Value: Blank

Court fee: 30

Particulars of Claim:

1.The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

2. The Claimant has had the following account numbers (“the Accounts”) with the Defendant which were opened on 30th July 1998:- a personal loan (a/c no xxxxxxxxxxxx) and two credit cards (a/c nos xxxxxxxxxxxx and xxxxxxxxxxxx).

3 On the 22nd May 2011 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

4 The Defendant has failed to comply.

5 The Claimant seeks an order that the Defendant do comply with the Claimant’s Subject Access Request.

6 Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant’s Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant’s opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request."

[havinastella]

Hiya, IMS asked me to pop in!

 

Just a few points before I forget them....

 

That last letter says they do NOT had to keep a record of what is disposed. They DO, it's a certificate of Destrution or something like that. We'll come back to that later.

 

That bollacks about the loan only being 60 months is comedy gold and should you end up in front of a judge, it will be priceless.

 

You must claim costs/damages like I did on my N1, you are entitles to your £10 back for starters. Then you must claim hrs working on the case, printing, petrol, EVERYTHING possible to stop Lscumloyds from continually doing this. (I'll help with costs/damages etc)

 

NOW, my main point, ARE you sure you want to do it? Lloyds have started to send Barristers, so you really need to know what you are doing. Hopefully Fedup will pop in and comment, as she's just been through it.

 

I'll help as much as possible, but yours is slightly more complicated due to time frames when mine was simple non compliance.

 

Just pop me a mail if you need anything.

 

Jogs

[Hass1235]

Hi Havinastella, thank you for your help in advance.

 

I wasn't sure about the damages especially after seeing what others said on your thread and didn't want to complicate things. Yes I still want to proceed after reading the threads here including yours.

 

[Hass1235]

Submitted a court claim for Non complaince on Wednesday and had a letter from the court on friday giving lstb till 7th Oct to reply.

 

I would be grateful any help on what I need and how to prepare a court bundle.

[Madge67]

Hass - I just want to say - blumin well done for coming this far! I will be watching this thread like a hawke to see how things go for you.

 

Madge

[ims21]

Hi Hass

 

Perhaps drop havinastella and andyorch a PM as they will be far more familiar with the legal process than I.

 

regards

 

ims

[Hass1235]

Thanks ims,

 

Jogs email is full, so I've emailed Andy.

[ims21]

 

You'll be in good hands with either/both.

 

Jogs will probably soon empty his inbox of he's not on hols

 

ims

[AndyOrch]

Hi Hass

 

Responding to your PM. You need to wait until the defendant responds ie AoS /Defence 28 days before worrying about court bundles.

If they fail to either then you will get a default Judgment, I can talk you through that nearer the time, but in the meantime keep your eye on the status

and the 7th Oct.Did you submit through CCBC or local?

 

Regards

 

Andy

[Hass1235]

Hi Andy,

 

Thank you so much for your quick reply.

 

Oh Ok that's is a relief, I thought I have to get all the things in order by next week. Yes it is through my local court. I hope that is ok.

 

Sorry I don't mean to sound think but what do you mean by:-

1) Aos

2) Keep your eyes on the status (do you mean to check if they replied to the court by the dead line?)

[AndyOrch]

Hi Andy,

 

Thank you so much for your quick reply.

 

Oh Ok that's is a relief, I thought I have to get all the things in order by next week. Yes it is through my local court. I hope that is ok.

 

Sorry I don't mean to sound think but what do you mean by:-

1) Aos (Acknowledgment of Service)

2) Keep your eyes on the status (do you mean to check if they replied to the court by the dead line?)

Correct

 

You are entitled to judgment in default under Part 12 of the CPR.It is important that you request judgment immediately the 14 days have expired. If not, you are allowing the defendant(s) more time to file a late defence, which may be time consuming and expensive to resolve.

 

 

To request judgment in default you should complete either

• the bottom part of form N205A [Notice of issue (specified amount)
  
• form N225 [Request for Judgment and reply to Admission (specified amount) or
  
• form N30 [Judgment for Claimant (in default)
  

Besides asking for judgment to be entered, you need to ask the court to order the defendant to pay the judgment. Normally you should ask the court to order payment ‘forthwith’.

Calculate interest from the date of your claim to the date of your application for judgment and enter it on the form.

The court will usually enter judgment within 10 days of your application, though this may vary depending on the court’s workload at that particular time.

 

 

Ok for now?

 

Regards

 

Andy

[Hass1235]

Thank you Andy for taking the time and effort to explain .

[Hass1235]

Hi Andy,

 

Yesterday I received the AoS and their defence from their solicitors SCM.

 

Should I wait until I hear from the court? I guess the court must have received it yesterday too and will hear from the court in the next few days.

 

their defence attached below.

[AndyOrch]

Your uploads are too small Hass you need to host them via Photo Bucket or similar.

 

 

Andy

[ims21]

Or you can use the dx100uk method as follows..

 

Scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

hit the reply button

 

ims

[Hass1235]

Thanks ims, ok here we go.

 

[Hass1235]

Ok it hasn't worked I'll try again.

[ims21]

Fon't forget...they need to be PDF files and not JPG files

 

 

ims

[Hass1235]

Ok perhaps third time lucky.

 

Claim P2.pdf

Claim P1.pdf

[ims21]

Hi Hass

 

The PDFs are fine...Andy can advise from here on the legals

 

Regards

 

ims

[AndyOrch]

The last 3 open PDFs what are points 1& 2 Hass of the defence?

 

Andy

[Hass1235]

Thank you ims, with your help I got there eventially