Halifax trying it on!

[Dave777]

Just received a letter from Halifax, 30 days after my SAR. In the template letter I used, I inserted the account numbers of my three accounts at the top. They have claimed they are unable to track one account.

 

Dear Mr xxxxxxxx,

 

Request for a list of transactions and charges

 

Account number xxxxxxxx

 

Thank you for your letter requesting specific information on your account with us. Unfortunately, we cannot process your request because we require more information on the account in question. If you would please provide more information such as:

 

Roll Number

Sort Code

Type of account

Active or Closed(if closed please supply a close date)

 

Upon receipt of this information, acopy of the documentation you are entitled to receive will be sent to you as soon as possible and certainly within the 40 days allowed by the Data Protection Act.

 

May I take this opportunity to remind you that you can request your last 12 months statements through your branch free of charge.

 

Yours faithfully

 

L Bunker

Data Protection Consultant

Business Risk - Retail.

 

 

Should I write back informing them that they will still be in breach of the DPA and the time limit still applies?

 

Many Thanks

[idlegenius]

From personal experience, I know that Halifax can find other accounts in your name from just one account number. I have an active account with Halifax and 2 previous accounts that are now closed. I went to my branch on Monday with my bank card, went to the counter and asked for the details of my other accounts. The man swiped my card and within a couple of minutes he handed me a piece of paper with the account numbers, sort codes, roll numbers and closing dates of both those accounts.

 

If they can do this in branch without any bother, then they can certainly do so up in their comfortable offices. Therefore my opinion is to pop into your branch, get them to give you the details and then phone this guy up and advise him to pull his thumb out of his bum and do his job properly.

 

I know you shouldn't have to do this, but it removes the delay from their end without excuses.

[Dave777]

Surely by them claiming they need more information from me to locate an account, they are in breach of the DPA.

 

Should I not let the ICO be the judge of this issue?

 

Do you actually need to supply them with sort codes, roll numbers account numbers and whether the account is active or closed for the DPA request to be valid?

[idlegenius]

I suppose it all depends on the amount of information you have given them at the time of your request. Did you just give them the account number without a sort code?

 

It is concievable that you may have mistyped your a/c no on your letter and the guy dealing with your case is unwilling (for delaying purposes) to use his initiative to locate the correct number.

 

I don't think they can be in breach of the Act if they genuinely do not have enough information to process your request (as they imply in their letter to you).

 

I still think the best way forward is to collate the account number, sort code and roll number youself and then telephone the number given on Monday morning, reminding them that they only have a week or so left to comply.

[Dave777]

Thank you for your reply.

 

It is true that I only stated the account numbers.

 

I did not mis-type the account numbers as I have copies of all letters sent.

 

I would have thought my name and address would have been enough information for them to comply with my DPA request. I wouldn't have thought that I needed to supply with account numbers.

 

If I send this information again by recorded delivery, I hope they do not think that the 40 days starts again.

 

Thanks

[idlegenius]

Yeah, it is always better to include as much information as possible in order to close out as many excuses on their part as you can. If you are writing to them and are worried about them construing that as a reason to start the 40 days over, add a paragraph reminding them of the initial date of contact (your first letter) and include the date you believe the 40 days is up and that you expect their complete co-operation by this date.

 

Be mindful of the fact that most employees these days (be it in a bank or supermarket or whatever) are unlikely to be paid enough to think for themselves, especially when it comes to dealing with 'uncomfortable' situations.

[Dave777]

OK will do. Thanks for your time and advice.

[idlegenius]

You are most welcome. Best of luck!

[Dave777]

I have just wrote a letter back to them. Do you think it's a bit extreme?

 

Dear Sirs/Madam

 

I am in receipt of your letter dated 16th February 2007 by L. Bunker which was delivered to me on 24th February.

 

Mr L. Bunker confirmed in his letter that he was unable to locate one of my accounts due to a lack of information in spite of the fact he successfully located the other two accounts.

 

I feel that it is unreasonable for a Data Protection Consultant to require additional information about an account that I have had for many years when I have already provided the account number, my name and my address.

 

It would have been reasonable to assume that the sort code would have been the same for the account in question, as my other two accounts. You are aware that my sort code is xxxxxx for two of my accounts thus deeming it reasonable to assume it to be the same for the account you need more information on. By ringing 08457 20 30 40, any operator is able to view any of my accounts by giving the sort code and the account number, the roll number is not required.

 

I will of course however, supply you with the information required, but please take note that I will not treat your request as being reasonable to render my original Data Protection Act request inadequate in content, or to be lacking in information suffice to say that the request could not be complied with.

 

You have until the 5th March 2007 to comply with my request that you received on 24th January 2007.

 

I attach a copy of my online portfolio which lists the information you are unable to find

 

I trust that you find the above acceptable

 

Yours sincerely

 

 

 

 

David xxxxxx

 

????

 

 

[barbershop0]

Hi

 

Looks ok to me.

[idlegenius]

That is acceptable if not a little extraneous. Personally I would adopt a simpler approach....

 

Dear Sir,

 

Thank you for your letter dated *blah*. Please find listed below the information you requested.

 

Please be advised that the timescale of 40 days to provide the information I requested in my previous communication *dated blah* is still applicable.

 

I look forward to hearing from you by the due date.

 

Sincerely,

 

Entering into a dialogue about how they should do their jobs is a waste of your time. IMO.

[Dave777]

I agree idle, your approach is more sensible.... but I LOVE a rant!!!