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HBOS successfully defended claim for contractual rate. Court hearing date extended.

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:mad: I sent the dpa letter to the bos. No reply after the 40 day deadline. Have sent another two also recorded delivery, all received, yet 70 days down the line not a single reply whatsoever. Can anyone advice me what to do now, as the bos are totally ignoring my three letters and are also breaking the law, by not responding within the 40 day dealine. The ICO are worse than useless, all they will do is also write to bos. All help much appreciated, thanks and take care.

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Errm... why didn't you take them to court for non-compliance after 41 days? All the information is here on this site, and readily available...

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Local scottsih small claims court stated they ony deal with monetary claims and would not be able to assist me whatsoever.

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I sent the dpa letter to the bos. No reply after the 40 day deadline. Have sent another two also recorded delivery, all received, yet 70 days down the line not a single reply whatsoever. Can anyone advice me what to do now, as the bos are totally ignoring my three letters and are also breaking the law, by not responding within the 40 day dealine. The ICO are worse than useless, all they will do is also write to bos. All help much appreciated, thanks and take care.

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Local scottsih small claims court stated they ony deal with monetary claims and would not be able to assist me whatsoever.

I'm pretty sure they're mistaken; I'm sure that the same remedies open to English people under this British Law are available to Scottish people; the ICO helpline should be able to assist. But if they are not mistaken you could:

 

a) Put a nominal monetary value onto your claim; £5 for postage and phone calls etc., and file that WITH your request for an Order, or

 

b) Find someone in England willing to act as a correspondence address for you and file against them in England (using MoneyClaim OnLine), or

 

c) Do both.

 

Best of luck!

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Hello puddock,

 

without any further delay, make a formal complaint to the Information Commissioner. They will force BoS to respond to them, which will in turn make them respond to you. It may take a while, but sooner or later you will get your data.


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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I'm pretty sure they're mistaken; I'm sure that the same remedies open to English people under this British Law are available to Scottish people;
This is incorrect. The English and Scots legal systems are totally seperate and it is not safe to assume that that a legal requirement in England applies in Scotland. That being said however, the DPA is a UK wide piece of legislation, but before you can sue someone for non-compliance you need to get and opinion from the Information Commissioner. Therefore, the correct procedure in this case is to make a formal complaint to the Information Commissioner, and assuming it comes back in your favour, you then go to court to force compliance.

 

Incidentally, if you were told that you can only use Scottish small claims to recover money, you were misinformed. You can also claim for 'Delivery', provided that you include a monetary alternative (not greater than £750). So, you could word your claim to say that you want them to provide you with all the data you are entitled to or pay you £750 for the inconvenience you've been put to in chasing them.


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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As Robertxc says, a call to the Information Commissoner would be a good option at this stage - 01625545745.

 

See what they advise, I'd imagine it would be to lodge a complaint (which you should most certainly do) and let them investigate.

 

Just a thought - there's no mention in your original thread if you sent them the £10.00 fee or not.....


** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Many thnaks for your reply. The £10 fee was sent, and cheque cashed by the bank. The ICO states they can only write to the bank and ask them to fulfill their legal obligations. ICO complaint lodged. I have also written to my MP. Thanks again.

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Good stuff, you might be suprised at the amount if influence the ICO has actually - they seemed to give the Clydesdale Bank a sharp, firm boot in the nether-regions after they tried a similar tactic with us.

 

Let them do their thing, and see what happens.


** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Thanks, but ICO were not very helpful with me at all. They stated they had no powers other than contact the bank and tell them to supply information requested.

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Yes that's right; and when the ICO writes to an organisation and says "Jump", the organisation WILL JUMP - and then ask if it was high enough and do they want them to jump again.

 

The ICO's word carries a lot of weight; don't dismiss them out of hand.

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The Information Commissioner's role is to make an assessment as to whether or not the Data Protection Act is being complied with. They don't have any powers of enforcement. However, if you are armed with an assessment from them which says that the DPA has not been complied with, you can sue the offending bank and expect them to cave in pretty quickly. The reality is that if you have an assessment in your favour, the arument is effectively over.


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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The Information Commissioner's role is to make an assessment as to whether or not the Data Protection Act is being complied with. They don't have any powers of enforcement.

Are you certain of that last? I was pretty sure they did, but were extremely reluctant to use them...

 

[edit]In fact, here you go... http://www.ico.gov.uk/eventual.aspx?id=254

 

Under the Data Protection Act 1998 the Information Commissioner can:

...

  • Serve an Enforcement Notice ordering compliance where there has been a breach or an ongoing breach of the Act, which requires data controllers to take specified steps or to stop taking steps in order to comply with the law.
     
    [/edit]

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Yes, but you missed the first bit:

 

Under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 the Information Commissioner can:

 

 


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Yes, but you missed the first bit:

 

Under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 the Information Commissioner can:

 

 

No I didn't. That's a separate bit; later it says exactly what I posted:

 

Under the Data Protection Act 1998 the Information Commissioner can:

...Serve an Enforcement Notice ordering compliance where there has been a breach or an ongoing breach of the Act, which requires data controllers to take specified steps or to stop taking steps in order to comply with the law.

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No I didn't. That's a separate bit; later it says exactly what I posted:

 

Under the Data Protection Act 1998 the Information Commissioner can:

...Serve an Enforcement Notice ordering compliance where there has been a breach or an ongoing breach of the Act, which requires data controllers to take specified steps or to stop taking steps in order to comply with the law.

I stand corrected. ;-)

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Many thanks for all the kind adivce given by all. One other query that has just cropped up. My bank, the BoS is adamant that the OFT findings on unfair bank charges relates to consumer law only and does not relate to sole trader businesse at all. Therefore my claim according to them has no justification, and they will defend it vigourously.

 

Are they simply trying to delay or do they have a point?? If they are trying to bull**** me, surley they are being very silly by putting that misleading information in print to me?

 

Any thoughts most welcome.:)

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Don't worry about what they say, they talk a load of flannel. Why would they have paid out so much if that was the case?

Get your info and go for it!

Sky x


BOS - Prelim letter del 19/5/06 LBA del. no response - filed 12/06

Clydesdale Financial Services - Gave them their chances off to court we go!

HSBC - Watch out I'm coming after you next!

 

If you like anything I say click the scales!

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Puddock; as far as I'm aware, Contract Law extends to ALL contract parties, not just consumers.

 

The OFT Ruling was simply to assist consumers who were not already aware of the Law - which has been the way it is since 1977.

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Puddock, what's the latest on this..?


Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Hbos is still procrasinating, with delays on supplying the full subject data request. The ICO are taking on my complaint, but nothing happening at all.These delays will form part of my court case against them etc., etc.

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Thanks for update. I am starting action tomorrow at Scottish court against Abbey for DPA non compliance. I have filled out forms 1 and 1b - do you think that's the right thing to do..? No-one seems to know, and all the information on DPA non compliance is English... Have you started the court process, or are you wating for IC?


Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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I contacted my local Scottish small claims court, and spoke with the Procurator Fiscal, re non complance and he said I could not raise a case in the small claims court as non compliance had no monetary value. Whereas it appears to work in the English sytem, with a nominal value.

 

I then went through my original bank statements of 5 years ago and sent in a claim based on my own figures, limited to £750. Along with notes to the court regarding the banks non compliance, which to date they have still not fulfilled in full, about 80 days later. ICO not doing much at all. HBOS appear to simply procrastinate all the way along, in a bid to sicken me.

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Hmm.. That's interesting Puddock. I think I may have some difficulty then. I jyst have a feeling.. I'll let you know how it goes tomorrow. thanks for all your help.


Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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