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Data Protection Act 1998 - Useful information page issued by IOC

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Hi all - I am currently putting together a claim and in the course of doing so issued a DPA notice in accord with the latest ICO advisory notices.

 

It appears that many of us are being misled by the institutions as to how we must make DPA applications.

 

I hope the following "Information Commissioners Office" advisory notes will be helpful to many CAG members currently dealing with issues .

 

Just two examples:-

 

1 - It is NOT legally necessary for an applicant to write to a specifiied Office address. You can write to any office of the organization concerned.

2 - It is not a legal requirement to fill in any organization's 'Forms' - and there is lots more so........

 

Check out these comprehensive set of notes from the ICO - they make for great reading - they are uncomplicated, easy to digest, can save you from bureaucratic nonsense, a must read - I recently put £10 into a current account, then sent a secure e-mail message and gave authority for it to be withdrawn to cover their DPA cost and requested copy of all personal data since A/c opening, Data to also include ALL digital tape recordings etc etc........... got results in 18 days!

 

The ICO government site address is :-

 

http://www.ico.gov.uk/for_organisations/data_protection/the_guide/principle_6/access_to_personal_data.aspx

Edited by citizenB
Typ errors in title and in general content

WANT TO GIVE YOURSELF A REAL CHANCE OF ACHIEVING THE RIGHT RESULT WHEN MAKING COMPLAINTS? OR GIVNG CONTRACTURAL INSTRUCTIONS ? OVER THE TELEPHONE ? THEN RECORD THOSE CALLS FROM TODAY !! FOREWARNED IS FOREARMED !!:-):-)

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Hi nod

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

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Hi rebel11 & citizenB

 

Thank you both for your assistance - much appreciated.

 

Sorry to have placed this general comment on the ICO advisory notes in the wrong place!

 

At present my claim has gone through several "FINAL OFFER" stages and the compensation level has increased and changed from "Compensation" to "Ex Gratia" and back again as the FINAL OFFERS come in!.

 

When matters are finally concluded, I intend posting on the Forum a "as it unfolded story line" with my thoughts and decisions as reactions occurred.

 

The Firm will not be mentioned in the story - just it's conduct towards me.

 

I am hoping for and wish to seek a peaceful solution to blatant breaches of DPA, mis-selling, bullying, mis-information etc etc.

 

Lastly it is so nice to have found this Forum ! It certainly has lot's to offer us every day folk, that's for sure!.

 

EXCELLENT SITE!


WANT TO GIVE YOURSELF A REAL CHANCE OF ACHIEVING THE RIGHT RESULT WHEN MAKING COMPLAINTS? OR GIVNG CONTRACTURAL INSTRUCTIONS ? OVER THE TELEPHONE ? THEN RECORD THOSE CALLS FROM TODAY !! FOREWARNED IS FOREARMED !!:-):-)

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Hi Citizen8

 

Thank you for trying

 

now let's try the following again.....

 

My opening post refered to the following government site ..... "ico.gov.uk/for_organisations/data_protection/the_guide/principle_6/access_to_personal_data.aspx"

 

Just copy and paste the content BETWEEN QUOTES into your browser's search field...... you should then enjoy reading the contents of this ico news....


WANT TO GIVE YOURSELF A REAL CHANCE OF ACHIEVING THE RIGHT RESULT WHEN MAKING COMPLAINTS? OR GIVNG CONTRACTURAL INSTRUCTIONS ? OVER THE TELEPHONE ? THEN RECORD THOSE CALLS FROM TODAY !! FOREWARNED IS FOREARMED !!:-):-)

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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hi ive just been reading your post regarding your DPA issue, have you been succesfull in reducing the amount owed on the debt because of the negilent behaviour of the DCA ?

 

regards

 

H

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hi ive just been reading your post regarding your DPA issue, have you been succesfull in reducing the amount owed on the debt because of the negilent behaviour of the DCA ?

 

regards

 

H

Hi there 'H'

 

Ah - sorry to disappoint.

 

The complaint issue I have is not at all related to debt.

 

It's to do with issues similar to P.P.I. and of course the mis-selling of unwanted services.


WANT TO GIVE YOURSELF A REAL CHANCE OF ACHIEVING THE RIGHT RESULT WHEN MAKING COMPLAINTS? OR GIVNG CONTRACTURAL INSTRUCTIONS ? OVER THE TELEPHONE ? THEN RECORD THOSE CALLS FROM TODAY !! FOREWARNED IS FOREARMED !!:-):-)

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no problem thanks for the reply

 

h

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Think this is of more interest to many on CAG as it concerns consent. No CCA=no consent therefore no processing?

 

http://www.ico.gov.uk/for_organisations/data_protection/the_guide/principle_6/damage_or_distress.aspx


Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. 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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Hi spartathisis - Thanks for your observations and ............

 

Yes, but with a slightly different twist.

 

This claim, which is yet to be resolved amicably, most certainly centers on the organization failing to comply with our agreed contract terms, breaching and refusing to comply with ICO regulations concerning obtaining consent, it's statutory duty of care, it's obligations and duties under F.S.A. rules (including BCOB & ICOB) and of course possible Trading Standards transgressions.

 

The outcome could well be of genuine value to CAG members.

 

NNWW

Edited by NodNodWinkWink
the site link to the word 'interest' was inapropriate. I have replaced it with value - I wonder if this get's marked too?

WANT TO GIVE YOURSELF A REAL CHANCE OF ACHIEVING THE RIGHT RESULT WHEN MAKING COMPLAINTS? OR GIVNG CONTRACTURAL INSTRUCTIONS ? OVER THE TELEPHONE ? THEN RECORD THOSE CALLS FROM TODAY !! FOREWARNED IS FOREARMED !!:-):-)

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Hi NNWW, I am disputing with HSBC over lack of contract and their use of setoff. Not complying with data requests, BCOB and other stuff, so will look forward to your future posts.

 

Good luck


Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. 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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Hi NNWW, I am disputing with HSBC over lack of contract and their use of setoff. Not complying with data requests, BCOB and other stuff, so will look forward to your future posts.

 

Good luck

 

Hi spartathisis

 

A-Ha - Your reference to lack of contract sounds very interesting ! :-)

 

Are you claiming that you have no actual contract between yourself and HSBC in respect of your dispute ?

 

Or that there is a definite lack of performance of part of a particular contract between yourself and HSBC?

 

My view on these enormous organizations is that they just revel in contract law disputes with Joe Public - being so well supported by their in-house Legal seagulls !

We just have to have our wits about us and try to keep :lol::lol: at ourselves - it's a Mad Mad World.......and that just keeps me going on and on and on with my claim:whoo:

 

Best of luck with your HSBC battle sportathiis :-)

 

It appears you really are getting to grips with relevant issues.

 

NNWW

Edited by NodNodWinkWink
editor refusing to accept my BEAGLE reference - Keeps returning seagulls!!!!

WANT TO GIVE YOURSELF A REAL CHANCE OF ACHIEVING THE RIGHT RESULT WHEN MAKING COMPLAINTS? OR GIVNG CONTRACTURAL INSTRUCTIONS ? OVER THE TELEPHONE ? THEN RECORD THOSE CALLS FROM TODAY !! FOREWARNED IS FOREARMED !!:-):-)

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ICO/EU Directives state data must be processed lawfully i.e. permission must have been sought and granted. If no CCA available how can they prove it was given? Judges may well give the argument of history and past dealings gives implied consent, but that is not the same as actual consent. The EU has a new amendment coming out soon that implied consent does not cut it and actual permission must be provable.

 

No contract, they have confirmed in writing repeatedly no CCA in reply to SAR, sent a recon that does not comply with CCA (1984), state account opened 9 yrs after it actually was opened. They wont find a CCA as I never filled one in :))

 

I can see why HSBC are getting caught out with PPI, Libor fixing and money laundering, no one knows what they are doing, nor abide by the law and regulations.

 

Full thread here: http://www.consumeractiongroup.co.uk/forum/showthread.php?312177-HSBC-no-CCA


Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. 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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Hi spartathisis

 

I thought it best to reply to your last post direct (via your thread and not mine,) keeps it neat and tidy for you, me and other members.

 

NNWW


WANT TO GIVE YOURSELF A REAL CHANCE OF ACHIEVING THE RIGHT RESULT WHEN MAKING COMPLAINTS? OR GIVNG CONTRACTURAL INSTRUCTIONS ? OVER THE TELEPHONE ? THEN RECORD THOSE CALLS FROM TODAY !! FOREWARNED IS FOREARMED !!:-):-)

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