Goldfish & Lloyds SAR advise please ??

[coffeebien]

Can anyone help I have completed a S.A.R - (Subject Access Request) to Goldfish and received a letter basically stating in Feb the Goldfish business passed from Lloyds TSB bank to Morgan Stanley. My acc was closed prior to this and it was not inlcuded in the Morgan Stanley portfolio and as such assume no responsibilty Under the Data Protection Act or otherwise and to contact Lloyds TSB - (address here if other ppl need it)

 

If Lloyds do comply who is legally respsonsibile for refunding charges ? LLoyds ?

 

I did see another thread about something simular but cannot find it.

 

thanks

 

 

 

 

 

Mr DAvid Bruce

Credit Risk & Customer Lending

Lloyds TSB Bank Plc

3rd Floor Victory House

Trafalgar Square

Brighton

BN1 4FY

[millymollymoo]

Hello coffeebien.

 

I also had closed my account prior to the takeover and the address I wrote to was:

 

Customer Liasion

Goldfish

PO BOX 25201

Glasgow

G2 8YG

 

 

 

They acknowledged my S.A.R and said in the letter it would be concluded by 12th december. However, I AM STILL waiting.

 

This is the correct address though.

 

Good luck. I will follow your progress!

[coffeebien]

Hi thanks for that still not sure though who is legally liable Goldfish or Lloyds. Goldfish politely told me to sod off and contact Lloyds.

 

Will still contact the information commisioners office though if they fail to comply with S.A.R after the 40 day see what they say.

[upton11]

I do not know for certain, but my instinct is that lloyds are liable, because your account was with them, was with them when it closed and they were the ones who made the charges. i imagine it would be highly unlikely for liability on a closed account to transfer to a new owner, especially when they had nothing to do with the wrongdoing.

 

As i said this is not definite - merely instinct.

 

Regards to you coffeebien

 

Paula

[millymollymoo]

Hi again, this might be something interesting. The statement that I said showed up today,(remember though my account closed in January) dated 5th December with 10 creditedhas Lloyds on the payee slip?????

 

Good luck coffebien:)

[coffeebien]

I do not know for certain, but my instinct is that lloyds are liable, because your account was with them, was with them when it closed and they were the ones who made the charges. i imagine it would be highly unlikely for liability on a closed account to transfer to a new owner, especially when they had nothing to do with the wrongdoing.

 

As i said this is not definite - merely instinct.

 

Regards to you coffeebien

 

Paula

 

Thanks but my original account/agreement was with Goldfish and Lloyds took over from them after my account was closed. I have never has any dealings with Lloyds

 

Cheers

[upton11]

I am sorry i misunderstood - I would contact the organisation that made the charges - Goldfish?

 

Regards

 

Paula

[coffeebien]

I think it sorted now Goldfish confirmed again in writing that Lloyds TSB took over Goldfish on 17/2/06.

 

No reply from Lloyds SAR so sought an Order to comply and damages 14/12/06 @ Glasgow Sheriff Court claiming £50.00 Damages and £39.00 costs.

 

As in Scotland will have to instruct a Sheriff Officer to deliver the summons one a receive it back from Court 15/12/06. This cost is also added to the Summary Cause Summons applied for today.

 

Wa advised that the sheriff will have to double check this has this has not been requested before the court before.

 

Also filed same as above for Lowell Financial Ltd & Barclaycard.

 

 

..... Interesting

 

Fingers crossed

[Robertxc]

I think it sorted now Goldfish confirmed again in writing that Lloyds TSB took over Goldfish on 17/2/06.

 

No reply from Lloyds S.A.R - (Subject Access Request) so sought an Order to comply and damages 14/12/06 @ Glasgow Sheriff Court claiming £50.00 Damages and £39.00 costs.

 

As in Scotland will have to instruct a Sheriff Officer to deliver the summons one a receive it back from Court 15/12/06. This cost is also added to the Summary Cause Summons applied for today.

 

Wa advised that the sheriff will have to double check this has this has not been requested before the court before.

 

Also filed same as above for Lowell Financial Ltd & Barclaycard.

 

 

..... Interesting

 

Fingers crossed

Any chance of you posting your statement of claim? I think it would be interesting to a lot of people.

[coffeebien]

Any chance of you posting your statement of claim? I think it would be interesting to a lot of people.

 

As requested but this DID NOT WORK with Glasgow Sheriff Court the Sheriff sent the claim back to me stating "not Proper" and just to seek legal help! Their admin staff did advise they have never seen a such a request and cannot recall one being presented before their court, was mine the first then...... Either way found it very frustrating and used the N1 and filed at Penrith County Court (used parents address for docs & payment as I live in Scotland) using the same statement of claim. Advised by telephone today this WAS accepted and will Summons with be served on Barclaycard, Lowell Financial and Lloyds TSB 20/12/06 for failure to comply with S.A.R and £50.00 damages total £80.00

 

Fingers crossed.............................

 

Copy of Statement of Claim (used same on N1 England sucessful! and on Summary Cause Summons - Form1 Scotland - unsucessful)

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

2. The Claimant has an account XXXXXX ("the Account") with the Defendant which was purchased from Goldfish around July 2004

3. On 1/11/06 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

4. The Defendant has failed to comply.

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage.

6. The damage caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £50.00

 

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

[millymollymoo]

Hi coffebien:)

 

How did you get on? Did you get your statements in the end\?

 

Milly X:)