Data Protection act non compliance

[twoofus]

I requested my info from Yorkshire bank using the SAR letter template delivered by hand on this site on 11/10/06. Although my wife did the same and received her statements within the 40 days I still haven't received mine and they are now well outside the 40 days. My wife went into the branch and asked why it hadn't come to which the MANAGER replied that they don't have to comply to it. I have also sent a complaint to the Information commissioners office via there web site.

 

My querie is what else can I do? also my account is over its limit and they are adding charges everyday at £8 a shot which I will not put in, firstly because I haven't got the spare cash but secondly because why should I comply with there unlawful T&Cs when they won't comply with UK law. Can I request the account is in dispute and charges should be stopped, can I take them to court for non-compliance of the DPA, can I do anything or are they untouchable.

 

Any help and acvice would be greatlt appreciated

[lookinforinfo]

There are a number of reasons why the bank does not have to comply-

] the request was not made in writing

2] the fee was not enclosed

3]unsure of the identity of the requester

4] the information provided may also disclose info about some one else

5] supplying the info may involve disproportionate effort

6] the info has already been supplied recently

 

If you don't recognise any of those reasons as valid, you canask them on

what grounds they do not comply

[twoofus]

There are a number of reasons why the bank does not have to comply-

] the request was not made in writing

2] the fee was not enclosed

3]unsure of the identity of the requester

4] the information provided may also disclose info about some one else

5] supplying the info may involve disproportionate effort

6] the info has already been supplied recently

 

Hiya mate, no non of these apply to me, they have taken payment of £10 and sent me a letter saying they will supply the information within 40 days under the DPA. When my wife asked the BRANCH MANAGER why they then haven't complied the only answer given was 'because they don't really have to'. I wouldn't mind but my wife did hers at the same time and she got hers just over a week ago.

 

This is my problem, I have complained to the ICO and the bank, what else can I do? It really miffs me because I aren't the best with patience and espiecially when they have actually taken payment for it, can you imagine what they would be doing to me if it was the other way round.

[lookinforinfo]

What have the ICO said about them breaching the Act-in fact two acts as

that would now have breached s.159 of the Consumer Credit Act as well.

Might be an idea to let the ICO know what the position is now, since the

breach has only just occurred a few days ago, I believe.

[twoofus]

Haven't heard anything from the information commisioners office yet. I have sent YB an LBA for non-compliance aswell now.

 

Today I received a letter from YB telling me that my account is still overdrawn (I went £5 over my limit a couple of weeks ago and have nearly £250 in charges that I cannot and will not pay) and that unless I pay it immediately my account will be closed and passed to collections and that an entry may be made on my Credit file.

 

What I want to do is send a letter saying that as they are in breach of the Data Protection Act and there own banking code of conduct (bearing in mind they have taken payment for the DPA) and as I am going to be pursuing them for repayment of excessive bank charges, that I consider my account is now in DISPUTE and that no further charges or any further actions should be taken on my account until the issue is resolved.

 

Has anyone got any advice on how I should approach this and whether this is a possible route to take, or has anyone seen any similar threads or letters that anyone else has sent on issues like this.

 

Any and all help welcomed please

[lookinforinfo]

I don't see how you can stop them applying unauthorised charges to your account, since they are part of their T&C's.

However what they can't do is pass the account to DCA's because the account is in dispute.And it would be

pretty stupid of them to default you, when it is their own inaction that is

making the situation worse, which you could point out to them.

[twoofus]

Thanks mate, its just that I was sure I had read somewhere on here that if your account is in dispute that you could request that in effect the account was frozen until the issues where resolved. Just can't seem to find what I had read now I need too:( .

 

Also, I was wanting to find out what grounds you could use to claim that the account was in dispute.

[lookinforinfo]

The sar is sufficient to put the account in dispute. But that does not freeze

the account, it stops any legal action being pursued against you till the sar

has been answered.

[twoofus]

Cheers mate, I am going to send them a letter tomorrow outlining this issue and pointing out that I believe the account is in dispute and that they should refrain from taking any legal action until the matter is resolved.

 

So as they haven't responded to my SAR within the 40 days I can claim my account is in dispute but when they respond to my SAR. I will then be applying for a refund of charges so this will again put my account in dispute so that basically until we have settled the whole 'Bank Charges' issue, they will not be able to take legal action or put anything detrimental on my credit file??

[Glenn UK]

The S.A.R - (Subject Access Request) is sufficient to put the account in dispute. But that does not freeze

the account, it stops any legal action being pursued against you till the S.A.R - (Subject Access Request)

has been answered.

 

Thats an interesting viewpoint, what makes you say that?

 

The standard SAR only asks for transactional data and states you may be reclaiming any unlawful charges.

 

If you wish to dispute the account balance then you need to write specifically to the bank stating the accounts in dispute IMHO. Anything else means there is room for them to manoeuvre and reduces the chances of a satisfactory conclusion.

 

In fact historically from what i have read that even disputing the account formally and highlighting the particular section of the banking code has no effect but it should be part of the process IMHO.

 

re non compliance with the SAR, complaining to the ICO is relevant but will take a long time for a result.

 

Bearing in mind the other issues IE. the ongoing charges i would send them a LBA (template in the library i think) and then take them to court for non-compliance under Sec 7 of the DPA.

 

If you take this route to save yourself a lot of aggro its a good idea to ask in the particulars of claim for the data or a sworn statement into court as to why they cannot provide the required data.

 

This prevent you having to go to court but forces them to think very carefully about whether they have your data or not.

 

JMHO

 

Glenn

[twoofus]

I have today received a responce from Yorkshire bank regarding the LBA I sent them for non compliance. It states that they have already sent me a copy on the 13/11/06 but as I don't seem to have received it they will send me another copy within the next 14-21 days.

 

What do I do about that then:-

 

Firstly - Are they not worried (like I am) as to the whereabouts of my full bank details, banking history, and personal details??

 

Secondly - Do I trust that this is a postal error and not them trying to delay things, I mean lets be honest, anyone can just say that 'we've sent it, it must have got lost'.

 

Thirdly - They had 40 days under the SAR which they haven't complied with, I have sent them an LBA giving them a further 7 days which it sounds like they aren't going to comply with as they now they want 14-21 days to respond.

 

I guess I'm after a bit of moral back up here, I believe I have done everything by the book and this site is about taking the power off the banks and taking control of the situation yourself by dictating reasonable timescales to your requests to them. Do i allow them 14-21 days or do I apply to the court when my 7 days are up ie. monday 4th december.

 

I really could do with some good advice guys because I beleive that YB are really trying to trip me up here and I just wanna make sure I keep with them and respond to them in the correct manner without losing my rag.

 

Thanks

[Glenn UK]

I think the simple thing is to write back and say that the have had sufficient time to comply, unless they courier the documents to you say Monday then you Will instigate proceedings against them.

 

Or if you're feeling bloody minded instigate proceedings

 

Its up to you.

 

Glenn

[twoofus]

Right, I have given them till today and that is me being extremely nice ( been busy with other things) but enough is enough. I requested my details on the 18th October they took the £10 payment 4 days later and still nothing, so I am doing my MCOL today.

 

Has anyone took them to court at this stage or does anyone have an idea about what would be a fair claim. Obviously I want the to give me my banking details but I also read somewhere that I would be entitled to claim compensation of some sort. Firstly theres the court costs to claim but also my time sending them letters ie. S.A.R. and LBA reminder letter. Also the distress that this is causing me and my wife and the FEE that they have taken for supplying me with the information when actually they haven't.

 

Just wanna know what anyone would think is a reasonable amount to claim off them??

[Guest Battleaxe]

We have issued against MBNA for Non-compliance, they missed all the deadlines set see my thread Battleaxe does MBNA.

 

It will be interesting to see if MBNA cough up with the damages I have claimed. We are just making good our threat about non compliance of SAR.

 

We claimed damges of £597.75, but have not done the charges action yet, as we only got all the paperwork yesterday.

 

I will doing the prelim letter at the weekend to claim back the charges.

[Glenn UK]

FWIW

 

You have two choices take them t court simply to get you data or take them to court to get info and progress your claim.

 

With the first route you make out your claim using an N1 and ask for the info and add a small notional sum for damages.

 

I did this with the CO-op seem Glenn Vs Co-op for the particulars of claim i used. I now have data over 9 years old from them but it hasn't quite finished yet.

 

With the second route you can estimate the damages you have based on any statements you may have and add the non compliance bit on to the claim with a reference to amend the claim value upon receipt of the statements.

 

If i had a reasonable amount of info to make a reasonable estimate i would go the second route.

 

HTH

 

Glenn

[twoofus]

Hiya mate, I don't have enough info to estimate really mate, I suppose I could make a figure up but it would be a guess rather than an estimate. I suppose i'll just have to take them for non-compliance of DPA.

 

You mention an N1 form Glenn UK , can I not do this claim on MCOL, do I get an N1 from the majestrates court.

 

Thanks

[Glenn UK]

NO you cannot use MCOl for claims for non complaince, removal of defaults or anything other than moeny claims.

 

Yes you can get it from the courthouse, you need at least three copies, Im not sure if its available online, i have an electronic version on a cd.

 

I suggest you look at my Co-op thread because the POC i used has some benifits, like it puts a lot of pressure on the defendant but means you probalby wont have to go to court whatever happens.

 

HTH

 

Glenn

[e28bigalbexley]

hi 2ofUs

heres N1 http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

fill it in on pc than print off.

 

AL.

[twoofus]

Thanks BigAl, much appreciated.

 

I have actually just phoned Yorkshire Banks 'compliance officer', i came across her in the banks 'Banking Code' in which it states they have to supply me with ALL info they hold on me. She confirmed this and is launching an investigation into why they haven't complied as it clearly states in there own code of conduct that they have to and if they don't she has to put it right.

 

Might aswell use there own process against them.lol

[e28bigalbexley]

Hi 2ofus

I would'nt put too much faith in the banking code ie: Sec 13.6 The bank will not forward adverse imformation about you to outside agencies while/if your account is in dispute. (or words to that effect)

I bet if you read through a few threads on this site ( mine in the Citi thread for one) you will find cases of people who are experiencing just the opposite:eek:

[twoofus]

Yeah I know you are right bigAl but I was overcome by this wave of optimism ( Don't know where the hell it came from.lol ) and thought I would give it a go.

 

I am doing the N1 form but I was thinking, are we all missing the point that all these banks are members of the Banking Code, and to be in 'The Banking Code' they have to abide by its conditions. If they don't abide by them and enough of us complain to the banks own 'Compliance Officer' which they have to have under the code then surely the banks will be fighting within there own business. By that I mean, even if a branch Manager or higher doesn't want to comply the 'Compliance Officer' will have to make them, otherwise the bank will risk losing their status in the banking code. And that will be my next step, if they then do not comply I willcomplain to the banking code itself asking for my Bank to be struck off for non-compliance. I know it probably is a shot in the dark, but if you don't shoot you don't take anyone out.. .

 

Just a though:p

[e28bigalbexley]

Yeah I know you are right bigAl but I was overcome by this wave of optimism ( Don't know where the hell it came from.lol ) and thought I would give it a go.

 

I am doing the N1 form but I was thinking, are we all missing the point that all these banks are members of the Banking Code, and to be in 'The Banking Code' they have to abide by its conditions. If they don't abide by them and enough of us complain to the banks own 'Compliance Officer' which they have to have under the code then surely the banks will be fighting within there own business. By that I mean, even if a branch Manager or higher doesn't want to comply the 'Compliance Officer' will have to make them, otherwise the bank will risk losing their status in the banking code. And that will be my next step, if they then do not comply I willcomplain to the banking code itself asking for my Bank to be struck off for non-compliance. I know it probably is a shot in the dark, but if you don't shoot you don't take anyone out.. .

 

Just a though:p

 

Im not 100% sure but it think the BBA who underwrite (if thats the right word) The Banking Code is funded by the banks and the purpose it serves is mostly cosmetic ie: A guard dog that has had severe dental problems leading to the removal of all it teeth.

AL

[twoofus]

Still not heard anything and now they say because I can't put my account back into line (for being £5 outside my limit I am now at £400's worth of charges) I have 30 days or they are going to inform the CRA's and pass the account to collections. Can I stop them doing this. Help.

[Guest Battleaxe]

I thought once the account is in dispute they can't do that. have you checked the FAQ's?

[Glenn UK]

I thought once the account is in dispute they can't do that. have you checked the FAQ's?

 

If you read the Banking code para 13.6 says they cant.

 

But many people seem to think because theyre send the bank a SAR or threaten them with court action this automatically registers a dispute.

 

As much as this may seem logical, I would argue that to make sure the bank have it on record you should send them a specific letter saying something like 'i dispute the account balance due to x,y or z. In accordance with the banking code, para 13.6 you are prevented from registering a defualt or taking any enforcement action until the dispute is resolved.'

 

 

 

JMHO

 

Glenn