Tinkerbelle v BoS * * WON * *

[Tinkerbelle]

Hello Fellow Forum Members

 

Well I sent off my DPA on the 13th April 2006 and that included the £10 statutory fee.

 

The account was actually closed by the BoS, as it had an overdraft balance on it courtesy of fees applied to the account by the lovely people at BoS.

 

Will keep ya'll posted on developments

[Tinkerbelle]

mmmmm....no acknowledgement, no send us money, no we'll get back to you, no we lost your letter, no microfiche excuse, no clear off, no nothing. Nowt. Nada. Zilch. Nicht!!

 

They haven't even bothered to cash the £10 cheque I sent them *sigh*

 

Think I shall start to send them daily reminders via email reminding them how many days they have left

 

I mean..... I know that they have 40 days , but you'd think they could organise themselves a bit better and not leave it till the last minute wouldn't ya! You'd think they'd have enough experience at this sort of thing by now

 

The sooner they can get the statements to me

The sooner I can claim my money back

The sooner I can get it into an ISA earning interest

The sooner I will have more cash to get my flat

[Tinkerbelle]

Email reminder sent to BoS that clock was still ticking

[Tinkerbelle]

Still nowt. Cheque not even cashed.

[Bovvered]

Tink - did you send by recorded delivery? If not I would send another letter referring to your letter of 13/4 telling them they now have however many days left, and send that recorded. Sounds like they are trying to make it look like another lost in the post jobbie!

[Tinkerbelle]

Hi Bovvered.

 

Yes it was sent Recorded Delivery, and delivered according to the Royal Mail website. No signature though.

 

I guess there must have been one bulk signature

[Bovvered]

Good then you have your proof of delivery so just stick to your guns - and timetable lol!!

[Tinkerbelle]

I just wish they'd hurry up though. Just because they have 40 days doesn't mean that they have to use it

[Tinkerbelle]

Another chase has been sent via email to the "busy" folk at HBoS.

[Tinkerbelle]

Called BoS*ts this morning.

 

Gave woman A/C Number & Sort Code. After being on hold for 10 mins she came back to ask for the Roll Number as they couldn't find info. Gave it to her, and then she came back after about 2 mins to tell me that they still couldn't find it and suggested I call that dept direct on 08457 253 519.

 

I did that about 15 mins ago. After having spent close to another 15 mins on the phone, it transpires that they somehow got my DPA request confused with my current action against Halifax.

 

P***ed off or what!

 

I asked woman if she wanted me to fax her a copy of the letter seeing as she is claiming that they didn't have it. She said I should I fax it to 0845 128 1385 - and that I should mention that it does not relate to the Halifax claim blah, blah, blah. The number apparently is the Fax Number for the dept that is dealing with all the Bank charges claims. She mentioned it. I didn't.

 

Sent the following:

====================================

Dear Customer Services,

 

I am writing with regards to my telephone call to your offices this morning.

 

I called to query what is happening with my DPA Request that was sent to you on the 13th April 2006 (showing as delivered to you on the 14th April 2006).

 

I have attached a copy of that letter that was sent to you.

 

Please note that my complaint relates to a closed BANK OF SCOTLAND account.

 

It does not apply to my Halifax Account which is being dealt with separately. I understand that you have confused the two accounts despite them both having separate account details. The Halifax account details being as follows: xxxxxxxxxxx

 

My request for information is for the closed BANK OF SCOTLAND account. During my call to you today, I was given the impression that you believe that I am asking to have the Halifax Account closed. I have given you no such instructions.

 

As far as I am concerned, you received my letter on the 14th April 2006, and you have 40 days in which to comply with my request. So unless I receive a satisfactory response from you by Tuesday 23rd May 2006, I will make a complaint to the Information Commissioner.

 

Regards,

=========================================

 

Anyway, I'm somewhat concerned that they may have lost the info. If they have then how on earth do I make a claim - I have absolutely no idea how much would have been taken from that account.

 

Signed: One hacked off Tinks

[Bovvered]

What a mess - it doesn't surprise me though. I can't see how they could lose records of an account when it's all held on the system. I mean, someone would have to hit the delete button to do that, and I'm sure they're not allowed to do that. I hope you get a decent response to your now re-sent letter Tink...

[Tinkerbelle]

Me too....otherwise I'm turning up with a few heavies

[Tinkerbelle]

Well it would appear that my fax of yesteray did something.

 

Logged into Halifax online banking today and noticed that the cheque had been taken out of my account yesterday.

[Robertxc]

If you don't mind a suggestion Tinkerbelle, it's a really bad idea to do any of this on the phone. It looks like you got it sorted ok this time, but nothing beats bits of paper for confirming what was said, to whom, and when.

 

I don't mean this as a criticism by the way, just as a pointer for anyone else reading this post ('key learning' in management speak) ;-)

[Tinkerbelle]

I don't usually speak to them on the phone. In fact I usually avoid it at all costs. I know how people lie, my memory is sometimes crap - so I prefer to communicate in writing, that way I have evidence and references.

 

However, on this occassion I wanted to know why they hadn't sent me the info, or why the cheque hadn't been cashed nearly 3 weeks after it had been sent. I now know why. They have so far received 1 letter, 3 emails, 1 fax and 1 telephone call. Unfortunately it was the telephone call that identified the problem.

 

Anyway, now that they have cashed the cheque, I'll just have to wait and see what turns up in the next week - and if they send me information for the Halifax Account - I swear to god................

[Robertxc]

A bunch of usesless bar-stewards, as they say.

[Tinkerbelle]

These Bozo's are really beginning to get on my last nerve

 

Still nothing from them - yet they've cashed the cheque.

 

Have sent them a 4th chase today today advising them I will be emailing them every day, twice a day until they send me the info.

 

To**ers

[Tinkerbelle]

Have been harassing these Clown's as per my email to them yesterday.

 

They will be receiving 2 emails a day every day until they respond with SOMETHING

 

Haven't even received an acknowledgement or anything from this lot.. not impressed.

[Tinkerbelle]

Got home this eve and found a letter from the £$%*@# over at the BoS. Letter reads as follows:

===========================================================

 

Dear Miss xxxxx

 

Completion of Request for a List of Transactions and Charges - D/xxxxxxxxx

 

Thank you for your letter requesting specific information on the above account.

 

I confirm that copies of duplicate statements have been ordered and will be sent to you under separate cover at the latest by 27th May 2006.

 

With regard to your request for information relating to manual intervention on your account, HBOS plc is under no statutory obligation to record this information, I am unable to assist you further.

 

Should you have any general account queries, please contact the 24 hour banking helpline on 08457 20 30 40 or if you have any data protection concerns relating to your personal data, please do not hesitate to contact me.

 

Details of how we use your data can be found on the Internet under Security and Privacy section at www.halifax.co.uk or www.bankofscotland.co.uk. If you would like a copy of the registered Data Protection Notification details, this can be found at www.informationcommissioner.gov.uk. Alternatively, please let me know if you would like me to forward a copy of either to you.

 

I have enclosed a copy of our leaflet for your information, 'Personal Customer Complaints - Here's what we'll do'.

 

Yours sincerely,

 

Adam Schofield

Data Protection Consultant

Business Risk - Retail

Direct Line: 01422 332 991

==============================================

 

Now I am assuming that they could argue that Manual Intervention has taken place, but they do not record it, and therefore do not have to prove it???

[Tinkerbelle]

You are NOT going to believe this....I certainly didn't.

 

Got home last night to 16 envelopes from Halifax. Did my chores and then organised myself with highlighter, pen and paper to go through the 74 pages of statements.

 

They've only gone and sent me statements for the Halifax Account and not the closed Bank of Scotland . This is despite me sending them 2 letters, 9 emails and one fax. I mean how hard can it be?

 

Letter below sent.

==============================================

 

Sent by: FAX, EMAIL, RECORDED DELIVERY POST

 

 

Adam Schofield

Data Protection Consultant

Business Risk – Retail

HBOS plc

Trinity Road

Halifax

HX1 2RG

 

 

Data Protection Act disclosure request

 

 

Dear Mr Schofield

ACCOUNT NUMBER: xxxxxxxx/

Roll No.: xxxxx

 

I am writing in response to your letter dated 10th May 2006 with the reference xxxxx.

 

I would like to draw your attention to the enclosed copy of letters that have been sent to your organisation regarding the DPA Request for the above account.

 

It is clearly stated in these letters, the name of the account for which the information is required. I will reprint it here again for you.

 

Bank of Scotland Account (closed)

Sort Code: xxxxxxxx

Account: xxxxxxxxx

Roll No: xxxxxxxx

Name of Account Holder: xxxxxxxx

 

 

In your letter you have said that you are sending me duplicate statements for account xxxxxxxx.

 

I already have these statements for which I have paid £5.00, so you have now taken a total of £15.00 from me for information that is incorrect.

 

 

I am struggling to understand what is so confusing about my instructions to you, so I will bullet point them for you.

 

• Send a list of charges and evidence of manual intervention relating to account Roll Number: xxxxxxxx Sort Code: xxxxxx Account Number: xxxxxxx. You have 7 days in which to provide this information.

• Return the £5.00 that I paid for the duplicate Halifax Statements from account xxxxxxx as the £10 cheque that I sent you will cover the information requested for the above detailed account as well as xxxxxxxx.

I have also taken this opportunity to attach a copy of the last statement I received from you for the above mentioned account.

 

I trust that this is now clear, and that I will not have to ask again.

 

Regards,

[Robertxc]

Interesting that they say that they're not obliged to record manual interventions. They don't say that manual interventions don't happen, just that they don't have to record them. If they did record them, then presumably these records would be covered by the DPA, which means it will be nigh on impossible for them to rely on any 'manual intervention' argument in the future.

[Tinkerbelle]

What happens once you have made a complaint to the Information Commissioner?

 

Does the Bank have to pay a fine?

[Robertxc]

No. The ICO gives an opinion, which carries a lot of weight if you then decide to sue. In practice, it would be a brave data controller who would go into court in the face of an ICI opinion. They only tend to do that when it's a really big issue.

[Tinkerbelle]

So me complaining to the Information commissioner for non compliance - what does it achieve exactly?

 

It looks as though I will have to report these cowboys at the HBoS. They have until next week Tuesday to comply with my DPA request

[Robertxc]

I think an ICO ruling is important, and carries a lot of weight. Essentially, it means that the argument's over.