Failure to comply with the Data Protection Act ***WON***

[Fulhamnick]

I submitted my Subject Access Request under the Data Protection Act on the 13th December 2006. Lloyds TSB has until this sunday to reply.

 

I called the department within the bank dealing with these requests, and was told, that Lloyds will not be responding with the 40 days. They say that they didn't get the letter till the 21st December.

 

I advised them I had receipt of the letter on the 13th December and I am expecting the response by sunday or would be reporting Lloyds to the appropriate authorities.

 

Who are the appropriate authorities? Where do I complain and what are the effects? Is this something I can use against the bank when claiming my penalties back.

[BARTY]

Hi

Have a look at the link below, it should help:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Barty:)

[Bill Lynch]

Hi Guys,

On a similar vein, my daughter in law and her sister sent separate letters off to Lloyds with the £10. Because the letters arrived from Lloyds just before my daughter in law got married and went on her honeymoon. When she finally checked the letters, she found some transaction details, some pages of statements and three or four separate pages with some charges on the top of the pages. They both know that there are a lot more charges but because the 40 days has well passed, nothing more was done. They both tried to contact a Mrs Chris Brown at Birmingham but she never answers the phone. They both then went into Llloyds Bank locally and were both told that the policy had changed and that they would not be provided with the statements. They appear to be in a state of limbo. Has anybody else had this problem and does anybody have any advice? Many thanks.

[Pen]

Hi, check out my posts Pen V TSB page 5, I have the same problem but I am currently in the process of taking them to court for failure to supply me with all my details.

It would seem from a lot of posts on here that this is happening a lot with Lloyds I don't know about other banks

Pen

[olomola]

I have a similar issue with Barclays Card. I wrote them in December 20th 2006 using the Data Protection letter template default letter asking for the 6 years charges etc. I sent to them the default £10:00 and posted the letter via registered mail. I now have a copy of delivery and receipt of letter, however, Barclays Card has not yet responded to my letter in any way.

I do not know what to do next. However, I have had a reply from Barclays Bank to whom I sent a similar letter and they have sent my £10.00 back and two big envelopes of all my bank statements for 6 yrs.

What do I do next??? help!!!

[Bill Lynch]

Hi Guys,,

Many thanks to you for your help. I am still somewhat confused as to what to do. How can these organisations treat people in this way and get away with it. They are very quick to remind customers about complying with their Terms and Conditions but when it comes to running their customers accounts in a lawful and business like manner, they soon do as they please. For a great number of us, the thought of litigation is not one that is easily chosen but when you see how dirty they are prepared to get then we must all have the strength to take these Banks and Building Societies on. We must take strength from others successes and remind all these organisations that far from them threatening to close our accounts, we reserve the right to close our accounts with them and take our money to organisations that will not act in such an unlawful way. We are the customers with the money and without money these organisations would not exist.

[Fulhamnick]

Having spoken with the bank again, I believe that Lloyds will provide all the relevant information however, it will be longer than 40 days.

 

In my situation, I am going to write to the bank, cc'ing the relevant authorities, who deal with non-compliance of the act. I will remind them that they must provide me with all the information and that if not I will proceed with legal action.

 

Bill, I totally agree we must take strength from others and support each other. I asked for my penalties back from Lloyds last year, but gave up because I didn't have any support, or new what to do. Now I'm using this website to help and I am for more confident and organised. If enough of us complain, banks will have to change their attitude. Viva la Revolution!

 

Olomola, with regards to Barclay Card, not responding, see Barty's post. It offers a number of options and appropriate letters to help.

 

With regards to Barclays Banks, you will need to sift through 6 years of statements. This will be boring and a long process. I'd highlight the penalties, then add them to the spreadsheet which can be found on this website. Once you have the total, there is a template letter which you can amend and send off.

 

I hope this helps.

[Bill Lynch]

Hi Fulhamnick,

Yes it certainly does. I will take similar action. Good luck to you. Up the Revolution!!

[redsonja]

Hi Fulhamnick.

I sent a SAR (iro my partners account) to LLoyds on 13th Dec too and got my partner to phone up at the beginning of Jan to check they had received it. They said, they received it on 18th December and they will reply within 21 days from this date (they would have still been in the time limit of 40 days).

 

Still NO details have been received from Lloyds and the 40 days are up!

Have you done anything further with your situation?

[Pen]

Hi redsonja, I am ahving the same problem but

I am doing a bit of reseach through this site first to see what needs to be done to issue court proceddings, Acts relating to non complience, what to write in the summary, what to claim for, etc as it does not seem to be as straight forward as claiming bank chargers, there are loads of info and templates dealing with them but not so many for SAR claims.

If I come across the info I am looking for I will let you all know

Pen

[Fulhamnick]

Hi Redsonja,

 

I got the info and I've calucated I can claim over £4,000! So double and treble checking my letter and hoping to send the letter early next week requesting re-payment.

[Fulhamnick]

Hi Redsonja,

 

I got the info and I've calucated I can claim over £4,000! So double and treble checking my letter and hoping to send the letter early next week requesting re-payment.

[redsonja]

Hi Pen, Will be interesting to see what you come up with thanks.

 

Fulhamnick - Do you mean you have received the statements now and the 4k is the charges? Are you going to claim compounded contractual interest too?

 

I might get my partner to phone them today asking where the statements are!

[Fulhamnick]

Yes, I received the statements and had over £4,000 of charges. (Double checking both letter and breakdown of charges).

 

I am going to compound the interest but was under the impression you did this at the court stage, not at the first second request for payment. Is that correct?

 

I have used the simple spreadsheet as I don't have all the information to complete the more complex spreadsheet provided in the library. I nearly £700 worth of interest to add. Making £4,848.00 over the six years!

 

You should get your husband to phone the bank. lloyds Bank sent their contact details with the breakdown of charges, if I had them with me I'd post the information on the message board. However they are at home, I will do it when I get home if that's any help.

 

Let me know how you get on.

[redsonja]

If you are going to do contractual interest (compounded) then you need to include it from the outset. If you dont use that then you can add on 8% when it gets to court. Obviously 8% is much lower than the actual APR so you are better to add on the contractual interest. You cant have contractual interest and 8%.

 

For my other cases I just printed off the spreadsheet and included it with the letters.

 

Does that make sense?

[olomola]

Having spoken with the bank again, I believe that Lloyds will provide all the relevant information however, it will be longer than 40 days.

 

In my situation, I am going to write to the bank, cc'ing the relevant authorities, who deal with non-compliance of the act. I will remind them that they must provide me with all the information and that if not I will proceed with legal action.

 

Bill, I totally agree we must take strength from others and support each other. I asked for my penalties back from Lloyds last year, but gave up because I didn't have any support, or new what to do. Now I'm using this website to help and I am for more confident and organised. If enough of us complain, banks will have to change their attitude. Viva la Revolution!

 

Olomola, with regards to Barclay Card, not responding, see Barty's post. It offers a number of options and appropriate letters to help.

 

With regards to Barclays Banks, you will need to sift through 6 years of statements. This will be boring and a long process. I'd highlight the penalties, then add them to the spreadsheet which can be found on this website. Once you have the total, there is a template letter which you can amend and send off.

 

I hope this helps.

Dear Fulhamnick vbmenu_register("postmenu_508800", true);

 

thanks for your reply and advise onthe issue with both Barclays Bank and Barclays Card. The problem with these bullies was actually bending my mind and doing my head in.

 

I intend to follow your advise. However, you referred to Barty's post. Where would i get this post?

 

Thanks again.

[BARTY]

Hi Olomola

If you have a look at my post above dated 19th Jan, there is a link in there.

Barty:)

[Bill Lynch]

Hi Guys,

Following suggestions on this thread, I sent a letter to Lloyds for Non-compliance and gave them 7 days to reply with the necessary information. I have received no reply. I now need to consider court action. If the specimen in the Templates section states, " ..a complete list of transactions and charges relating to my banking history with your organisation - alternatively a complete set of statements will be acceptable". If this choice is given, and statements are not provided, when it comes to court action, is this likely to be used as a defence by Lloyds?

Also, on the specimen POC for non-compliance, it mentions the fact that "...the claimant has suffered (damage)". As 'damage' is in red and can be deleted or amended, what can it be amended to, if not 'distress'? The aim is for me to get my statements. Does a financial cost (damage) need to be part of this aim? Any advice would be welcome.

[Fulhamnick]

Hi Bill,

 

I can't believe that they've not responded.

 

I guess you have a number of options. There is a telephone number on the contact list, which deals with Data Protection Requests. I called them, and they put me through to another department. Once I spoke to them, the information was supplied the next day. Try 0121 633 5411.

 

You could register a complaint with Information Commissioner's Office. ICO – Information Commissioner's Office. They have a telephone number on the website call them, they were helpful when I spoke to them. However, my information was supplied and didn't register a complaint.

 

You could also seek help from the courts to gain the information. I'm not sure how this works.

 

Don't dispair, I imagine seeking the courts help or filing a complaint with the ICO, will strengthen your claim when you seek to recover your penalties.

 

I'm not sure what is the situation with regards to seeking damages or distress. I believe damages do not need to be solely financial.

 

Goodluck.

[Bill Lynch]

Hi Fulhamnick,

Many thanks for responding and for your advice. I think I will, in the first instance, make the telephone call to the number you gave and see if that works. If not, I will contact the Information Commissioner and I will use the court option as the last option. Many thanks once again.

[Fulhamnick]

Hi Billlynch,

 

Any luck in getting the information from the bank yet?

 

I had a response to my initial letter for repayment. Unsurprisingly, the bank said they were not going to re-pay the penalties. So I am about to send the second letter, giving them 14-days to respond before seeking legal action.

 

But I was wondering what are the differences between Moneyclaim and the courts? Are there any differences between the two routes? Is one faster than the other?

 

On a separate note, I kept all my info including scanned images of the letters I sent, the banks response and a breakdown of my charges, on a data stick. Whilst slightly under the influence on friday night, I left my bag, including data stick, in the back of a taxi. The mini-cab company say they've not had the bag handed in. Moral of the story, if you're keeping the information on a data stick, keep a back up on your hard drive. I didn't and need to recalculate my charges again!!!!

[Bill Lynch]

Hi Fulhamnick,

Nice to hear from you. I used the telephone number given on the thread and gave the reference number and three days later the statements arrived. So that was very helpful. As regards Moneyclaim and the Court, you will find information to answer your question in the FAQ's. I have already done a claim through the Moneyclaim, and provided you have a credit or debit card, I found it most convenient and I could track its progress on the site itself, so I would recommend it.

As regards your lost information, I hope your night out was worth it. It will just mean some more work for you but I wish you well with your claim. Thanks again.

[redmonki]

Hi guys, good thread, hope you can advise.

 

I submitted the Data Protection Act Request to Lloyds and the 40 day deadline is tomorrow. Needless to say I've not heard a dickybird since. Would you recommend starting court proceedings staightaway to force the release of data, or am I opening a can of worms if the information does turn up? I'm kicking myself, but I didn't send the letter recorded delivery, could this be a problem?

 

Cheers

 

Redmonki

[BARTY]

Hi and Welcome:)

Did you enclose a cheque with your letter, if so have they cashed it?

There is a number here you could try, 0117 943 3133

Good luck, let us know how you get on.

Barty:)

[redmonki]

Cheers Barty,

 

I'll try that number. I did send the £10 cheque, and it hasn't been cashed. Don't really know what to read from that.

 

Redmonki