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

[BARTY]

Hi

Looks like they haven't received it I bet. See what they say, if they haven't received it, you'll have to send it again, by recorded, oh and cancel the cheque as well probably??

Barty:)

[Fulhamnick]

I went to the trouble of handing it in the hand and paying cash (If you do this I would recommend getting a reciept). The bank didn't start processing my request for a week.

 

Try 0121 633 5411 - they told me, they received my request later than i submitted it and had another 7 days to proceed with my request. I told them if they waited 7 days it would be outside the 40 days and I would start legal proceedings with the courts and inform the ICO (see web address in an earlier post). It was sent out that day.

 

Billlynch - I will look at the FAQ's and see what it says about Moneyclaim v Courts.

 

All the best.

[Fulhamnick]

Thanks Billlynch, I'll see FAQ's. It seems that Moneyclaim is a good way to proceed.

[Fulhamnick]

According to yesterday's Independant Newspaper, the OFT will be providing a ruling on Bank Charges in a matter of weeks.

 

If they rule that bank charges are unfair, as they did with credit cards, will this mean we will need to proceed with legal action to get our penalty charges repaid?

 

Additionally, I have submitted my "letter before action" and currently preparing my Court Bundle and N1, as I believe Lloyds will not be repaying my charges. Is it worth CC'ing the information to both the OFT and the financial ombudsman?

[Bill Lynch]

The report from the OFT has been expected for some time and, when published, will offer some clarity to the situation. In the light of all the publicity nationally regarding bank charges, I suspect that their final verdict will assist the poor customers who have had to put up with greedy banks for a long time and I have no doubt that the banks will have to adjust or completely change their conditions. In the meantime I think that we should just continue as we are doing at the moment.

As regards your second point, I believe that Lloyds are no different to any other bank at this moment in time, they recognise that all they can do is what they are doing and that is be the biggest bully of them all. The OFt and the Ombusdsman are only too well aware of what is going on. with customers up and down the country. I would respectfully suggest that you just continue with your Court bundle and await events from outside organisations like the OFT and the Ombudsman. The focus is to get your money. Good luck!!

[Pen]

OK, I have sent my 5th and final letter last week, after a 4 month wait for all my banking details. I received a letter from the bank finally acknowledge my request but stating they can only give my banking history for the last 6 yrs as all material after that has been destroyed. Apparently they are not allowed to do this if the information is still relevant to my currant banking, which it is.

 

Mcuth.... The Data Protection Act says that information should only be held for as long as is necessary - that's a subjective statement, but it doesn't actually stipulate a period of time. s7(1) of the Data Protection Act says that the organisation are obliged to supply all the information the bank holds on you.

 

It's the Limitations Act 1980 that talks about 6 years being a limitation period, but that doesn't apply to data, Data Protection Act or anything but bringing an action.

 

 

They have also stated that I will have to wait for them to gather all they information from various departments

 

I think after 4 mths, 5 letters I have waited long enough, I'm still unsure about court proceedings, what would you guys do?

Pen

[Bill Lynch]

I think you have done more than any reasonable person would expect. Personally, I would inform the Information Commissioner and ( if you have not already done so, I would send off a non-compliance letter giving them 7 days to comply with the law or you will take action against them. These are not reasonable people. They obstruct every way they can so its time for you to use the law that is available to you. Its the law of the jungle I'm afraid.

[karens25]

i would urge anyone who doesnt receive their statements within the 40 days to file for pre action disclosure, i did this with nat west and they took it very seriously and were desperate to settle before the court case, and had i asked for the moon im sure they would have given it to me.. i was advised to do this by someone on this site and she has helped her friends reclaim 25k so far... very effective! i have the letters if anyone is interested..

karen

[prushton]

Hi, I have had a similiar problem with the Abbey, I have a court date set for March 20th at 10.30 am at Plymouth county court to force compliance to my data access request . The Abbey sent me 13mths of statements after the 40 day ruling and I am now taking them to court to force them to provide the remaining 4yrs and 9mths. do a search for prushton vs Abbey

[Bill Lynch]

Karen,

Is there a separate link to the letter for pre-action disclosure?

[karens25]

hi bill

no it isnt posted, but if you pm me your email address i will send it to you..

karen

[Pen]

Hi this was the last letter I sent them just over 2 weeks ago, kindley supplied to me by GaryH

 

 

LETTER BEFORE ACTION

 

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: ****************

 

You have failed to comply with my Data Protection Act 1998 Subject Access Request. This request, dated (**/**/**), was sent to you by first class recorded delivery on (**/**/**), along with a postal order for the statutory maximum fee of £10. Please find a copy of the Subject Access Request enclosed with this letter, along with a copy of the proof of postage. A copy of this was also enclosed within the letter of reminder I sent to your department dated (**/**/**)

 

The 40 day’s allowed for compliance expired on (**/**/**), and as such you are now in breach of section 7 of the Data Protection Act 1998.

 

I require this information to be furnished immediately. If you have not complied IN FULL within 7 days of the date of this letter, I will file a County Court action under Section 7 and 15(2) of the Data Protection Act 1998 at 10am on the morning of (**/**/**)

 

Furthermore, I will file an official complaint with the Office of the Information Commissioner, as well as the Financial Services Authority.

 

Yours faithfully

 

(YOU)

 

So It now the non compliance order then or pre action disclosure, Karen I have sent you a PM with my email address, could you send me a copy of one please

 

Thanks for all your advice everyone I will continue to keep you informed.

Pen

[Fulhamnick]

Hi Pen,

 

It doesn't surprise me that the banks are delaying sending this information. More and more people are making claims. I imagine this tactic is used to put people off making the claim.

 

I think you've waited long enough. As well as proceeding with the courts to obtain the information I would also go to ICO – Information Commissioner's Office. They are the government body which is responsible for making companies comply with the act.

 

Good luck.

[Pen]

Hi everyone, I am going to have a go at filling in a MCOL today not sure what the charge for this is. I shouldn't think it will be that expensive as it is not a monetary issue is it as regards damagers I am going to claim a ball park figure for all the letters I have sent any idea what else I could claim for also If the courts act in my favor and TSB are order to supply all my info what do I do about the 6 yr thing. They wrote telling me they have destroyed all my info older then 6 yrs

and ideas on what to write in POC would be help full also what do I claim in the region of damagers

 

I will get back to you all today with my initial POC to see what people think.

 

Pen

[Pen]

Ok, this is what I am putting as particulars of cliam, kindley supplied by GaryH.

---------------------------------------------------------------------

 

Order under Section 7 and Section 15(2) of the Data Protection Act 1998

Damages

 

NB: It is absolutely vital that you do not use the word "injunction" as this may cause problems. You will also find that the fee varies from £30 to £150, depending on the court involved. Of course, this fee should be recoverable, and if you qualify for relief from paying fees you will not have to pay, or it may be reduced.

 

 

PARTICULARS OF CLAIM

 

 

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/had) an account number (Insert Account Number) ("the Account") with the Defendant which was opened on or around (Insert date) (and closed on or around (Insert date)).

 

3. On (Insert Date) 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 (and distress).

 

6. The damage (and distress) 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 £...........

 

Add any further things that can be clearly quantifiable, and to which you can provide proof.

 

Please be aware that claims for distress are only available where the distress is caused by the quantifiable damage. You would usually need professional evidence in support. If you are intending to go down this route it is vital you contact us before proceeding.

 

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.

 

 

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

But I don't know whether or not to include this order for directions, can I include a order and if so how do I phrase it on to the N1.

 

Pen

 

It is hereby ordered that:

1 The Defendant do disclose to the Claimant all bank statements for account number [ac no] sort code [s/code] since [date] until the present date within 7 days of the date of this order.

All documents to be disclosed within 7 days of the date of this order.

2 Disclosure of any indication or notes which have either caused or resulted in the manual intervention, or other evidence of manual intervention in relation to the Claimant's banking business with the Defendant within 7 days of this order.

3 Any documentation which proves the actual cost to [bankI] of the manual intervention / application of charges.

4 The Defendant do pay the costs of and incidental to the Application to the Claimant within 7 days of the date of this order together with any compensation awarded by the court.

Dated this day of 2007

[Pen]

Hi everyone, just a quick update, (this post is also on my main thread Pen-V-Lloyds TSB)

 

 

I received a small parcel from Lloyd's Tuesday morning, which was basically a copy of what they sent last time.

 

I called the person who sent me them a Mrs Janet Ayres and asked her why I was not being sent the information I requested she asked me what I wanted.( I have wrote 5 times requesting the information I want) so I told her again, I wanted copy's of all loan agreements and contracts, she informed me I had no Loans with the TSB. I wanted all statements on all 5 accounts she informed me I only had 2 closed accounts.???? I did not bother going any further with my requests, whats the point?

 

This seems to be what I am fighting against and why I am not getting any info from them so I really have no alternative other then proceedings and it really is stressing me out now.

 

So I am now going down that route and will keep you all posted,

Pen

[Bill Lynch]

Good, calm down, think about what you need to do and do it. There is only one way to deal with Lloyds, that is formally and the way they deal with others. Good luck.

[Pen]

Ok, N1 filed in court last Friday now we will just have to wait and see.

 

Pen

[Fulhamnick]

I'm in the process of submitting my claim with Money Claim Online. However, as I've not had £250.00 to pay for the claim. (My claim is over £5,000.00) I've had to wait to save the money.

 

However, when I first wrote to Lloyds (December 2006), I started claiming from January 2001. However, now that January 2007 has passed, January 2001, is more than six years ago. Does this mean I need alter the amount I'm claiming from the bank?

[Bill Lynch]

No it does not. If you started your claim with Lloyds in December 2006, then your 6 years starts from December 2000, so your January charge in 2001 is valid. Good luck.

[Pen]

Hi Eveyone just a update. filed my claim in early march for SAR lloyds had until the 11th April to reply. I called the court on monday and was informed that lloyds have not replyed so I was advice by a very nice lady at the court office to submit a request for judgement.

 

I have writen to Lloyds once again giving them a further 7 days to send me my documents if they still don't respond I will do as adviced and file for judgment.

 

I will keep you posted on what happens next week

 

Pen

[Fulhamnick]

I have recieved a "Notice of Transfer of Proceedings" letter, and my case has been transferred to Wandsworth County Court.

 

I have a couple of queries, and due to a heavy work load and problems with my internet connection at home, I've not been able to research this properly and I am looking for a few quick answers.

 

1. So far, I've not submitted details of my charges (I have submitted the amount) to the courts, is this correct.

 

2. With my notice to transfer, I recieved a letter which states:

"Without hearing..IT IS ORDERED THAT:-

1. The filing of an allocation questionnarie be dispensed with in this case unless the district judge at the court of transfer orders otherwise.

 

Note: Any party affected by this Order may under Rule 3.3. (5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3. within 14 days of service."

 

What does this mean......??

 

3. After recieving the Notice of Transfer and the Defence and Counterclaim from Lloyds TSB solicitor, what happens next?

[nicsussex]

1. You need to submit a schedule of charges to the Court and the defendant

 

2. Perfectly standard for the AQ to be dispensed with at the moment - although a fee may still be payable.

 

3. The judge will allocate the case

 

Keep us posted.

[Fulhamnick]

Thanks NicSussex,

 

What confuses me is that, I've not been asked to submit the schedule of charges to the court and to (resubmit) to the bank / their lawyers. I assume, I will recieve another letter asking me for this.

 

I've already paid the £250.00 moneyclaim fee. I guess that this will be an additional fee.

 

Thanks for your help.

 

FulhamNick

[Bill Lynch]

Once you have made the MCOL claim, send a schedule of charges and interest to the Court, to keep them updated as regards the details of your claim, and also send a copy of the same to Lloyds. Don't wait to be asked, just send them. As regards the fee, there is an additional fee if the claim is over £1500.00