Data Protection act non compliance

[Guest Battleaxe]

Just to be on the safe side I have done my letters as suggested. Thank you for this tip

[twoofus]

Just penned this and am posting it tomorrow, what do you think guys??

 

 

To whom it may concern,

 

I am writing with regard to your letter to me dated 27/11/2006 from Miss A.

 

On the 11/10/2006 I issued Yorkshire Bank with a S.A.R - (Subject Access Request) under the data protection act for the bank to send me all of the information that you (Yorkshire Bank) hold on myself.

Under the DPA you have 40 days from the issue of the SAR to return this information to myself, a target which you have failed to meet. Also in your own Banking Code under the heading Data protection, para. 11.3. it says “We will explain to you that, under the Data Protection Act, you have the right to see the personal records we hold about you”. You have failed to act under your own guidelines. I also issued you with a letter before action after the 40 day period giving you a further 7days to comply before I entered into legal action, again a target you failed to meet.

 

Taking this matter into consideration and your non-compliance of the DPA, I am righting to notify you, as I am sure you are aware, that my account (xxxxxxxx) should now be considered in DISPUTE.

 

With regards to the letter I received from Miss A on 27/11/06, and particularly with regards to the threat of transferring my account to ‘Collections’ and notifying Credit Reference Agencies about my account balance, a balance which again I dispute due to the disproportionate charging on my account, I would like to point to your own ‘Banking Code’ which states that whilst an account is in dispute no information will be passed to the Credit reference agencies, and until this matter is resolved and whilst legal proceedings take place on this account, I trust that you will act accordingly.

 

I am also giving you this opportunity to stop any further charges being applied to my account due to its current Dispute status.

 

Finally I would like to point out that I have lodged a complaint with the Information Commissioners Office regarding this matter, that I am also currently in dialogue with Mrs B who works in Yorkshire Banks own ‘Banking Code’ compliance office and also pursuing through the courts with the hope that this matter can be resolved as quickly as possible.

 

Yours Sincerely,

 

I know its a bit long winded but I have issues.lol.

 

There was stuff I needed to squeeze in as they have been messing me about for ages.

[lookinforinfo]

Quote=twoofus//Taking this matter into consideration and your non-compliance of the Data Protection Act, I am righting to notify you, as I am sure you are aware, that my account (xxxxxxxx) should now be considered in DISPUTE.//Quote.

Just a small point-"righting" should be "writing".

 

Everything else looks ok, but I do not expect them to refrain from applying

charges if you exceed your limit, since these are part of their T&C's and

not subject to the dispute ruling.

[Glenn UK]

To whom it may concern,

 

I am writing to notify you, to inform you that I am formally disputing the account balance.

 

In accordance to the Banking Code, Paragraph 13.6 states you must take enforcement action of register a default on this account until the dispute is resolved.

 

I have sent you letters setting out the dispute I have with the balance on this account and would urge you to settle this dispute Ellerey and to avoid the need for court action.

 

Yours Sincerely,

 

IMHO you should keep this letter as brief as possible, you don't want this to slip through the net its an important issue. Vent your feelings by all means, when you get to court (if you do) you don't want anyone to think that the defendant could have missed the importance of this letter.

 

Prelims and LBAs are the place to vent your feelings if you so wish IMHO, there are times when its best to stick to the point and be very clear, this in my view is open of them.

 

JMHO

 

Glenn

[Glenn UK]

since these are part of their T&C's and

not subject to the dispute ruling.

 

How do you work that out?

 

An account in dispute is in dispute and whether its with the T&Cs or some other matter then the account is in dispute. On this basis you can never enter a dispute on your account since the running of the account is always subject to the T&C.

 

JMHO

 

Glenn

[twoofus]

Hiya Glenn and thanks for your coments. I have tried to keep to the point and be as simple as I can but I am getting no-where fast. I have had to try this because they have ignored my SAR and the LBA that followed, I am now trying to get to court to get the relevent forms to start procedings for non-compliance. I have complained to there own 'compliance officer' and to the ICO and all with (up to now) no sign of any assistance.

 

While this is all happening and with them dragging there heals as much as possible to the point of breaking the DPA etc. my account is getting more and more charges and they are threatening me with collections and CRA's.

 

I understand what you are saying about basically a time and a place to vent frustrations but I am a million miles away from even issuing a prelim.

 

What would you have done/put in the letter mate, any help appreciated

[the gorgeous one]

Sent off the request for statements on 16th Sept however received a list of charges and offer of £270.00 which they kindly put in the bank. They said this is what is usually requested and if I want the full list I should enclose a cheque for £10.00 with copy of passport or drivers license. As the SARS time is well over the limit and this appears to be the usual delaying tactics should I send the form back or just accept the list of charges they have sent me and start asking for it back. Due to being busy I have not had the opportunity to chase this up, I have just read the various threads and have a couple of days off so could get the letters posted and things moving. I'm not sure whether to trust the letter they sent listing all the charges.

[lookinforinfo]

Everything else looks ok, but I do not expect them to refrain from applying charges if you exceed your limit, since these are part of their T&C's and not subject to the dispute ruling.

 

Glenn, the omission by you of the first part of my statement was critical

in understanding the point I was making. And my point was that even if the

account was in dispute, that was not a reason for the bank to cease from

applying their charges if the account holder exceeded their agreed limit. If

you think otherwise I'd be pleased to hear your argument.

[Glenn UK]

LFI

 

Thanks for the clarification I can see your point i think but i think what has confused me is they way you have worded it or maybe the way i read it.

 

I think what you mean is that if you continue to breach the contract, that because the breaches are covered within the T&C, they can continue to apply charges? And I agree with you, at least that they could recover their liquidated damages.

 

The way i read it the first time was that you could not dispute charges because they were part of the T&C.

 

It may be just the way i read it.

 

HTH

 

Glenn

[twoofus]

Just shows, these banks (espiecially Yorkshire Bank) don't give a toss about me or any of the 'Acts' because they certainly are not abiding by them. What more can I do

[twoofus]

Just got my stsatements through this morning, finally. Don't know what other info is in there as i'm at work and my wife phoned to tell me.

 

There was also a letter notifying me that they have closed my account and passed it to collections and that legal procedeings to reclaim may start and they will also notify the CRA's:mad: . Thanks YB, you're terrific

[coffeebien]

Hi not sure where to list the following as it is court action but for none compliance to S.A.R in Scotland.

For your info when I filed these at Glasgow Sheriff Court today they accepted them but had to seek further advise from a Sheriff of how to proceed as they advised an Order of this type - failure to comply the Section 7 of the Data Protection Act - had not been requested before from this court. They are to advise tomorrow but did take payment.

This is called a Summary Cause Summons (form 1b) I used the DPA none compliance template from the library (great help!!)

Form 1b one available http://www.scotcourts.gov.uk/sheriff/summary_cause/forms.asp

As I am only claiming £50.00 for damages (my time, legal advice, letters etc) the cost was £39.00. Total Claim and order compliance sort £89.00.

Once processed they will sent it back to me for it to be served. I have to instruct a Sheriff Officer (find on web or yellow pages not sure of cost yet) to do this and pay for the service (is automatically added to claim) they then serve the summons on the defendant even though all mine are in England.

Summary Cause Summons issued

Barclaycard £89.00 14/12/06 Glasgow Sheriff Court

Lloyds TSB Bank Plc £89.00 14/12/06 Glasgow Sheriff Court

Lowell Financial Ltd £89.00 14/12/06 Glasgow Sheriff Court

Also online complaint filed with Information Commissioners Office

Will advice of case numbers and Sheriff officers fee and how it’s served if Defendant is in England as in my case

Apologies if you already know this works could be of benefit to other users.

Coffeebien

[twoofus]

Just a little note, when I got in last night and looked through my statements I noticed a letter that my wife had missed. It appears that the Banks 'Compliance officer' has got involved and thats the reason why the statements have eventually come through (without me going to court for them). There is a letter from the compliance office apoligising and reasuring me I will receive my statements promptly and say they are continuing to investgate why my branch hasn't adhered to the DPA....blah...blah....blah.

 

I also have a letter from someone in the customer services department as a way of compensation. Its an interestting one and I will post it later when I have more time cos I have an interesting story and scenario to go with it. It may also set a precident for future non-compliance issues (maybe).

[coffeebien]

Hi not sure where to list the following as it is court action but for none compliance to S.A.R in Scotland.

 

For your info when I filed these at Glasgow Sheriff Court today they accepted them but had to seek further advise from a Sheriff of how to proceed as they advised an Order of this type - failure to comply the Section 7 of the Data Protection Act - had not been requested before from this court. They are to advise tomorrow but did take payment.

 

This is called a Summary Cause Summons (form 1b) I used the Data Protection Act none compliance template from the library (great help!!)

 

Form 1b one available http://www.scotcourts.gov.uk/sheriff/summary_cause/forms.asp

 

 

As I am only claiming £50.00 for damages (my time, legal advice, letters etc) the cost was £39.00. Total Claim and order compliance sort £89.00.

 

Once processed they will sent it back to me for it to be served. I have to instruct a Sheriff Officer (find on web or yellow pages not sure of cost yet) to do this and pay for the service (is automatically added to claim) they then serve the summons on the defendant even though all mine are in England.

 

 

Summary Cause Summons issued

 

Barclaycard £89.00 14/12/06 Glasgow Sheriff Court

Lloyds TSB Bank Plc £89.00 14/12/06 Glasgow Sheriff Court

Lowell Financial Ltd £89.00 14/12/06 Glasgow Sheriff Court

 

Also online complaint filed with Information Commissioners Office

 

Will advice of case numbers and Sheriff officers fee and how it’s served if Defendant is in England as in my case

 

 

Apologies if you already know this works could be of benefit to other users.

 

 

 

Coffeebien

 

 

In short to this - The Sheriff sent these back to me stating "not Proper" and to consult legal help.

 

Completed on N1 instead and filed at Penrith County Court (using an English address) and was accepted ans Summons being served tom 20/12/06. I found this Very frustrating trying to do this in Scotland

[suds]

Not sure if anyone can help .I am being pursued in work , on phone and by text by debt collectors are they allowed to do this help. I have had verbal waring from my manager,