Jump to content


  • Tweets

  • Posts

    • It's fine. Someone who deals with this more often than me will know.   HB
    • OK, your notes make sense but the outcome depends on what time you're given to voice your concerns.    I'd mention that HMRC have repeatedly failed to address your concerns that they repaid tax for an EIS Company that simply didn't exist - totally negligent !   Great bit of video given by Mr Wilde (bald HMRC guy) admitting they failed to even check if an EIS Sceme even existed or was genuine and this was criticised by the MP. Well done to UncleB for finding this.   Probably too late to fwd this to the FTT but no harm in trying.   Good luck !  
    • Two further letters from Lloyds Bank. They state the terms offered in the Tomlin order are "standard", I think they left out the part where they meant standard for their client. My understanding is that the terms of a Tomlin order should be acceptable to both parties. While I could get bogged down in the fact the wording of their proposed terms in their Tomlin order were very wide, and while perhaps not relevant they appear to fit very closely the definition of unfair terms laid out in the Consumer Rights Act, this is probably a waste of time and better saved for the judge should the matter of costs arise. I'm not sure there is really any requirement to reply if one is 100% certain the claim will be awarded, however there is an opportunity to save Lloyds Bank from further wasting the court's time. A proposed reply below.     Lloyds - Defendant - Letters 09.08.22 - Redacted.pdf
    • Hello guys, was hoping to get some advice/help in regards to sorting this debt out.   On the 30th April 2016 I got finance approved on a car through Santander.   on the 7th January 2017 I had an accident in this car and it was written off. The insurance company paid the money straight to Santander Consumer Finance who then said I had to pay up £1047 immediately or they would add a default to my name. I originally agreed to pay £500 for 1 month and the remaining amount the following.   Due to difficulty getting the first £500 together I rang them 3 days after the payment was due and apologised telling them of my difficulty, but they said as I had broken the agreement I now had to pay £2247! I was furious and instead offered to borrow some money from a friend and clear the original amount that same day, they point blank refused to accept that so I told them to get stuffed.   In 2021 I received numerous letters from Cabot and didn’t think anything of it as the default had now come off my record.   This year I have received a letter from Mortimer Clarke with threats of a CCJ.   I then decided to email them this;   Dear Sir/Madam   I received your letter regarding the account indicated above, claiming that I owed a specific amount. I would like to inform you that I do not know of any such amount I owe Cabot Financial (UK).  I would also like to call your attention to the FCA’s (Financial Conduct Authority) Consumer Credit sourcebook that states that: A firm should neither ignore nor disregard a customer’s claim that his debt has been settled and/or is disputed and must stop making demands for payment without providing the customer clear justification and/or evidence as to why the claim is not valid. 7.5.3 A firm must suspend or cease the steps it or its agent takes in the recovery of a customer’s debt where the customer disputes or has settled the debt on valid grounds or what may be considered valid grounds. 7.14.1 If a customer disputes the debt on valid grounds or on what may be considered valid grounds, the firm must re-examine the dispute and provide details of the customer’s debt to the customer in a reasonably timely manner. 7.14.3 If there is a dispute regarding the identity of the borrower or the amount of the debt, it is for the firm (not the customer) to establish, that the customer is indeed the correct person/identity in relation to the debt owed or that the amount is correct under the agreement. 7.14.4 A collection firm must provide the customer with information regarding the outcome of its investigations about a debt that the customer disputed or has settled on valid grounds. 7.14.5 If the customer disputes the debt and the firm who seeks to recover the debt is neither the lender nor the owner, the firm is required to: > (1) Pass the information given by the customer to the actual lender or the owner; or > (2) If the firm was given authority by the lender or the owner to investigate the dispute, the firm is required to notify the lender or owner regarding the outcome of the investigation. 7.14.6   You have not ceased your collection activities whilst investigating a reasonably disrupted or queried debt, a method that is considered unfair and deceptive. Furthermore, by continuing to make demands from me to make payment whilst ignoring/disregarding claims that my debts are disputed or settled, your agency is committing what amounts to psychological and/or physical harassment. In light of this, I am asking that you do not make contact with me regarding the above account without providing me with evidence regarding my liability.   I shall wait for your response confirming that the matter I have presented above is closed. If I do not receive such confirmation, I shall file a complaint with the department of trading standards and may inform the FCA regarding your actions. If necessary, I shall also forward a complaint with the Office of the Financial Ombudsman Service and Information Commissioner.   I look forward to your response.     They replied with a copy of the original finance agreement, however the date of that agreement was 30th April 2016, that would now be more than 6 years.    Furthermore the name on the agreement has been spelt differently to mine and is missing part of my first name.   My question now is how do I respond to this?   Thanks in advance for any advice (I may take a bit of time replying due to work constraints)
    • Hi all,   Due to my own carelessness, I ended up with a 2nd charge on my property, via way of a CCJ, because of a debt (approx. £12k) on an old MSDW credit card. This was back in 2004.   Nobody since has ever approached me about this debt, and I have no idea who owns it. I wrote to Morgan Stanley Bank International Ltd about 6 years ago, and they never replied.    I want rid of this charging order. Does anyone have an opinion on what I should do? Go knocking on Barclaycard’s door, asking if they have the debt? I certainly don’t want to go knocking on the doors of the various DCAs, and inadvertently kick off a feeding frenzy.    All opinions welcome, thanks in advance. 
  • Our picks

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


Fulhamnick
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5504 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

Link to post
Share on other sites

  • Replies 57
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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.

Link to post
Share on other sites

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?

Link to post
Share on other sites

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!!

Link to post
Share on other sites

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

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

cap one - prelim letter sent 23/8 £460 owed

partial refund, now sod off letter received 6/9

lba 5/10, claim served 30th jan,

CAP ONE SETTLED IN FULL 15thTH FEB!!!

 

 

lloyds card services - prelim sent 23/8 £332 owed

sod off rerceived 25/9

lba 26/9

claim issued via mcol 13/10

awaiting papers from SC&M

court date set for 26th March

 

 

nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.

non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!

5/10 lba sent for pre action disclosure

settled in full 2.1.07

 

 

 

cahoot - Data Protection Act sent 7/8 on hold for a while

 

Tesco - prelim sent 6/10 £200 owed

Link to post
Share on other sites

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 :)

Link to post
Share on other sites

hi bill

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

karen

  • Haha 1

cap one - prelim letter sent 23/8 £460 owed

partial refund, now sod off letter received 6/9

lba 5/10, claim served 30th jan,

CAP ONE SETTLED IN FULL 15thTH FEB!!!

 

 

lloyds card services - prelim sent 23/8 £332 owed

sod off rerceived 25/9

lba 26/9

claim issued via mcol 13/10

awaiting papers from SC&M

court date set for 26th March

 

 

nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.

non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!

5/10 lba sent for pre action disclosure

settled in full 2.1.07

 

 

 

cahoot - Data Protection Act sent 7/8 on hold for a while

 

Tesco - prelim sent 6/10 £200 owed

Link to post
Share on other sites

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

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

Link to post
Share on other sites

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

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

Link to post
Share on other sites

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

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

Link to post
Share on other sites

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

 

Pen

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

Link to post
Share on other sites

  • 1 month later...

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?

Link to post
Share on other sites

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

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

Link to post
Share on other sites

  • 2 months later...

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?

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...