Vital spark v Lloyds Tsb

[christinajanep]

when i did my first claim against lloyds did exactly the same thing, i threw the towel in two weeks before my court date, went out with my friends had a glass of wine and a chill out, came home to loads of messages and a few wise words from garyh about keeping going, and i did, a week later the money was in my account, no letter no nothing , now i'm doing my husbands

[Vital Spark]

Thanks folks and waht a beautiful wee baby. My third grandchild is due on 9th February 2008. Don't they make this world such a smiley, pleasant place in which to live?

 

If only the financial industry was staffed by babies. LOL!

 

Pay no attention to my moaning. I'm just a bittie bogged down at the moment. I'm trying to clean up the mess from the fire, help some other folks with their needs at the same time and I'm completely boggled by all this information and lack of bits of it.

 

I always bounce back and I will this time too. More or less have already. See, big smile.

 

I am writing off to Lloyds again for the remainder of the material I requested in my initial SAR. This last stuff I got was a list of charges relevant to each respective account. There are no manual interventions listed but I have a list from the previous material they sent.

 

From what Caro posted, I am understanding that, if there have been any manual interventions that cost the bank £35, I can't reclaim those charges. Hmmm, how do I know what, exactly, it cost the bank to manually intervene in any instance? Therefore, how do I know for what to claim?

 

When asking for the past history, whosoever wrote this letter to me (probably a computer), stated that, if I wanted information going further back than 2001 or that which they sent, I have to return the letters to the bank in the "postage already paid" envelopes which they enclosed.

 

I am sending a covering letter as they state, "The fee of £10 for this service has been taken accordingly." This statement was at the end of each letter and suggests to me that they are going to take it from each of my 2 bank accounts with them. I already handed in a £10 postal order with my request for the information on all my banking history with them noting, in the SAr both account numbers.

 

The letter also has a sentence in bold type stating: "Under the terms of the Data protection Act, we are allowed up to 40 days to fulfill your request".

 

It's this sentence with the ones referrign to taking the £10 a ccordingly, which m akes me think they are takign the £10 from each account despite already having been paid it.

 

Gee whizz, I know this is rambling about but is it making sense to any of you? Dyslexia lures KO!

 

I submitted my initial SAR in Novemebr of last year. So where do teh 40 days come in NOW? I thought I was being more than re asonable gi ving them time to send the statements missing from their first response to my SAR.

 

I'm going to post my cover letter. Please feel free to offer constructive critisism. It may be too rambled and make little or no sense. PLEASE tell me it's rubbish if it is.

[Vital Spark]

Christina, the court bit is scarign me useless. I haven't a clue as to how I put the case together and prepare for court: not a Scooby.

[caro]

If they don't tell you that there have been manual interventions, and I'll lay odds that they won't, then you must work on the assumption that there weren't any. Just claim the charges back following the process on CAG, and it's up to the bank to prove that it really cost them that much each time. They won't do it, and that's why people keep getting their money back. It's not for you to worry about, but Lloyds to justify their actions.

[Vital Spark]

Thanks Caro.

 

The following is the cover letter I've written to Lloyds to include with the letters I have to return in order to let them know I want the information from ALL my history with Lloyds and not merely back to 2001.

 

Whenever I have to telephone Customer Services or teh like, teh girls and men are so nice, kind and helpful. It's higher up that the problems creep in.

 

The address I've used is the one from which teh last list of charges arrived. There was no named signature at teh foot of the letter merely an anonymous signing.

 

[My address]

25th July 2007

 

The Manager

Lloyds TSB Bank Plc

Copy Statement Unit

Swallow House

P O Box 139

10 Swallow Street

Birmingham

BX1 1LT

 

TO WHOM IT MAY CONCERN:

 

Dear Madam/Sir,

 

Re: accounts numbered: ######## and ########: sort code: xx-xx-xx:

 

I received a list of charges for both of the above accounts.

 

In my initial request for past history information, when I submitted the relevant £10 postal order for which I received a receipt, I asked for statements with a list of manual interventions covering the period of my entire banking history with Lloyds TSB.

 

The manner in which you have listed the charges made to my account, in this most recent response, is most helpful. I thank you for that. The former response was most confusing, hence the time it took for me to realise that you had omitted to send all of the material from within the time you decided to take into account and none of the material from before 2001.

 

Will you, please, let me have the same information with relevant manual interventions for the rest of my banking history with Lloyds, this should include all charges placed on all my accounts, current and past, with Lloyds TSB Bank Plc.

 

My initial S.A.R - (Subject Access Request) was submitted in November of 2006. I enclose a copy of this letter for your perusal. The 40 days applied to that letter. I feel that I have been generous in allowing the bank extra time to send ALL the material I requested in that initial letter, therefore, I suggest that 14 days is a sufficiently long time to enable Lloyds TSB to comply fully with my SAR.

 

I thank you in anticipation of your response.

 

Yours sincerely,

 

(my signature)

 

(my name typed)

 

Please tear this apart if it needs it.

 

Also, did you know that some banks are threatening their staff with the sack if they dare to reclaim charges?

 

Isn't that Blackmail: yet another criminal offense? I wonder what ACAS would say to it.

[christinajanep]

thats my pride and joy daughter (maddi) x x x

 

the court part is ok, when u get to that stage you'll have loads of help so dont worry:D

[Vital Spark]

Well, only good parents can be responsible for such a huge happy smile.

 

Feel proud of yourself as wella s of your daughter: best years of your lives.

[Vital Spark]

Thanks all, for your support and encouragement.

 

I'll post those letters with the cover ing one as soon as I get confirmation that it's ok. Then I'll keep you all posted.

[christinajanep]

thankyou vital spark

[rory32]

Hi Vital Spark,

 

If you don't mind me saying, while there is nothing wrong with your letter I think it is too nice. Personally I would send something along the following lines:

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

ACCOUNT NUMBER(S):

BRANCH SORT CODE:

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated November 2006 (a copy of which is attached).

 

The manner in which you have listed the charges made to my account, in this most recent response, is most helpful. I thank you for that. The former response was most confusing, hence the time it took for me to realise that you had omitted to send certain documents.

 

The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a complete list of transactions and charges relating to my banking history with your organisation. You have only supplied a list of transactions and charges as far back as 2001.

2) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means; it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have until XXXX 2007 to comply.

 

Yours faithfully,

[Vital Spark]

Thanks Rory. For some reason, I didn't get notice of your or Christinajanep's latest postings in my thread. Just happened upon them when I came on to make another request for advice on that letter.

 

Hmmm, is the entire world out to get me? LOL!

 

Yip, I guess your version is more strikingly direct. I'm a bit of a filly when it comes to even possibly being nasty to folk unless they've hurt, in any way, a friend relative or an obviously vulnerable person. Then I can be fiercely, even viciously incisive.

 

Can you go one further, given that much of the data requested is in their archives, and suggest what might be a reasonable length of time to give them to come up with said data?

[Vital Spark]

Does two weeks seem reasonable?

[rory32]

You give them 14 days from the date of the letter to come up with the info.

[Vital Spark]

Oh dear, I've jsut read a mail form Motley Fool which includes an article stating that the Office of Fair Trading have stopped all claimants from taking the banks to court or, at least, have made it such that the banks don't need to respond to claimants.

 

Have any of you heard about this and does ti apply to Scotland too?

 

Jingstaehanganhelpmaboab!

[Vital Spark]

The hale wurld IS oot tae get me!

[Vital Spark]

Hmmm, think I'll still try sending in Rory's version of the letter.

[Vital Spark]

A link for those who haven't heard/read about ths altest OFT thingie.

 

Big Blow For Bank Charges Victims - 27/07/2007

[maggiejtbg]

Hi Vital spark

 

Gave my claim in to-day at (Hanley, Stoke-on-Trent) they are still accepting claims and she said that they have not heard about the new ruling.

 

Its interesting to read what has been said and hopefully we will maybe become winners after all this thanks to the many who have already claimed and won. Lets just hope the ruling goes in all our favour eh!!!!

 

Maggie

[nicsussex]

A link for those who haven't heard/read about ths altest OFT thingie.

 

Big Blow For Bank Charges Victims - 27/07/2007

 

And in the interest of balance

 

http://www.consumeractiongroup.co.uk/forum/general/108091-oft-banks-dont-panic.html

 

and

 

http://www.consumeractiongroup.co.uk/forum/general/108233-bank-charges-consumer-charter.html

[rory32]

VP, remember you are in Scotland, the court case with the OFT is in England. The two judicial systems are completely separate.

[nicsussex]

VP, remember you are in Scotland,

 

might help if i read the whole thread before posting!

[Vital Spark]

And this one from moneysavingexpert.com

 

Bank Charges Reclaiming: How the OFT test case impacts you...

[Vital Spark]

Thanks folks.

 

Yip, Rory, I'll go ahead anyway. I could soon eb calling on you for that help we discussed via PM, at an earlier date. Let's hope the letter gets all the relevant data sent this time.

 

Should I ahve asked tehm to detail any already refunded charges?

[maggiejtbg]

Thanks for your reply

 

i wil continue.

 

after all i paid me monies lets hope their is a result

 

i feel good that i done it

 

just wish i done it last week before the news broke

 

Maggie

[rory32]

Should I ahve asked tehm to detail any already refunded charges?

Any charges that have been refunded should be shown as part of your account information that you receive from them.