KJD v Lloyds TSB

[KJD]

Hi, just checking in.

 

Have finally sent off my SAR to Lloyds today. Will keep this thread updated and hopefully be able to get some advice along the way if needed.

 

Many thanks in advance.

 

:grin:

[BARTY]

Hi

Good luck with your claim, just shout if you need any help.

Barty:)

[121o121]

Hi KJD & Good Luck!

[KJD]

A quick update...

 

Checked on line & phoned Royal Mail. No sign of letter being delivered yet (posted rec delivery 13th March). Also £10.00 cheque not been cashed.

 

Grrrrrr!

[mattyb13]

Hi KJD, i also sent my SAR by recorded delivery and it said on the royal mail site "come back later" but they obviously received it at lloyds because I got all my info through

[KJD]

Good for you mattyb. Good luck!

 

I'm so ready to get on with this now. Everything is ready - guidelines, highlighter, calculator...!

 

Still, patience is supposed to be a virtue!

 

[KJD]

A quick but annoying update..

 

Finally gave up on my Recorded Delivery letter sent on 13th getting there (after numerous calls to Royal Mail & the £10 cheque not showing on my bank statement) so re-sent today by Special delivery, with new cheque.

 

What's the betting they cash both of them!!

[KJD]

Update:

 

Finally got an envelope from Lloyds today (copy statement unit).

 

"Please find enclosed details of charges going back to the date you opened your account, or 1st September 2001, whichever is most recent. Blah blah blah. You may now wish to proceed with your claim for reimbursement of charges, but if you feel you do need further statements, this will take longer to access our archived data. Please let me know by returning this letter in the attached pre-paid envelope and I will order them for you. Under the terms of the DPA, we are allowed up to 40 days to fulfil your request. The fee for this service has been taken accordingly."

 

It then has a box for me to tick if I want the remaining statements prior to September 2001 and an SAE To Swallow House, Birmingham.

 

Ok - so a few questions...

 

I opened my bank account possibly 20 years ago, so am inclined to request all the info. I'm game to claim back all of it (past the 6 years) if you great people are happy to hold my hand through the wobbly bits! So am going to tick the box and return the request today. Bearing in mind they received and signed for my original letter on 30th March, should not the clock still be ticking? And should I remind them of this when I return the form?

 

They have only sent me a list of charges (one of which I know I cannot claim back - Gold Service Account charge), overdraft excess fees (yes), unpaid d/d or s/o fees (yes). Also on this list they have listed o/d interest, which obviously is only applicable if the charges took me over my overdraft, which I cannot tell from what they have sent. So... are they implying they are expecting me to claim that back as well?!

 

Of course, as they have only supplied me a list and not the actual statements, I will be carefully checking it against my on-line statements already accessible.

 

So many questions... any advice will be oh-so gratefully received :D

[KJD]

Of course, as they have only supplied me a list and not the actual statements, I will be carefully checking it against my on-line statements already accessible.

 

Just to add, I have started to check 'the list' against the figures I had stored on my comp from my online statements (done back in February), and already one of the charges is not included in the list sent by Lloyds. For some reason I can't go back before July 2002 online now.

[KJD]

Ooh I'm like a dog with a bone now!!!

 

Have checked through 'the list' in full now and they have 'missed' off £332.00 in charges. Basically the list gives the impression it is complete, but there are complete months missing.

 

Another thing I have noticed - the letter with these has a reference on it of '21/3', which if this is a date means that they did in fact receive my original SAR, so the clocked has well and truly ticked and the cuckoo is 5 days off cuckoo-ing!

 

Any advice?

[KJD]

Okay, so wanting to be proactive on this, I have drafted a letter which I'd like some comments on before posting (will have to be tomorrow now).

 

All suggestions will be very gratefully received!

Data Protection Act 1998 Subject Access Request

 

Your reference: 21/3

 

Dear Sirs,

ACCOUNT NUMBER: XXXXXXX

Thank you for your letter dated 20th April 2007, received today, in which you enclosed a list of charges for the above account for the period 10.9.01 to 10.4.07.

 

Upon checking this list against my account statements online, I find that the list you have supplied has a large number of omissions. In view of this, I am unable to accept the information supplied as a satisfactory response to my Subject Access request (a copy of which I have enclosed for your information).

 

I should be grateful if you would now send a complete set of statements for the period from which my account was opened with yourselves to the current day.

 

As you have indicated receipt of my original request on 21st March 2007, I respectfully remind you that you have only XX days comply with my request.

 

 

Yours faithfully, etc etc"

[BARTY]

Hi

This link should help:

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

 

Barty:)

[KJD]

Thnx so much Barty. Will complete and send off in the morning.

[KJD]

Update:

 

This morning I received another list of charges, starting September 2001. This is a much more complete list than the last one and tallies with my list already compiled, except for one from February 2002.

 

A couple of questions...

 

1) Why does the list only go back to Sept 01 as this is not a full 6 years?

2) Why has Lloyds stopped me seeing statements on line further than July 2002 - it's supposed to be the last 5 years? ie May 2002;

3) They have listed Overdraft Interest as some of the charges, but how am I supposed to work out if they are as a result of my going overdrawn because of the charges?

4) Despite my stating in my reply to them last week (Non-Compliance letter) that I wanted all my data, back to when the account was opened, have they only given information from Sept 2001?

5) Should I now start my claim, based on what I have got and then claim for the rest (prior to Sept 2001 plus contractural interest - if any- for the whole period) at a later date?

6) They are over the 40 days now so do I need to complain, or rather, should I, so that they get their fingers out and give me the rest?

7) And can I insist they give me full statements, not just lists, so I can check the overdraft interest?

 

So many questons - I do apologise

 

nb They have cashed the £10 cheque I sent them for this (the first one) and guess what, it's taken me over my overdraft limit... but they didn't bounce it!!

[KJD]

Just a little bumpity-bump!

 

Would like to get pro-active on this today before the daily grind starts again tomorrow

 

Any thoughts anyone?

[broke dave]

Just checked my on-line account and can't get back further than 1/7/02, so its not just you.

Sorry can't help with anything else. Good luck.

dave

[KJD]

Thanx BD.

 

Got a nice big envelope today - statements going back to 1.12.96 right up to the date from which I can see my online statements. Will do the groundwork later and post back here if I need any help.

 

[KJD]

Update:

 

Having checked through all the statements now received, there were NO charges until February 2002!

 

Sending Preliminary letter off today, by Special delivery, claiming £982.00.

[christinajanep]

Good luck KJD keep us informed as to how u get on, i wasnt satisfied claiming just once so i'm doing it again claiming back the charges since my last case, still dont expect them to go any faster though

[KJD]

Hi a quick update. No reponse at all to my Prelim letter so am preparing my LBA.

 

One thing I noticed was that in my SAR I stated that I would be claiming back the £10.00 DPA fee, but as this didn't show on the spreadsheet, I didn't actually include it in my charges list sent off with my Prelim Letter. Can I add this on now to go with the LBA? Or will they spot this difference and I'll have to start again? It's only a tenner, but hey, that's a decent bottle of wine! (or two - I'm not fussy!! lol)

[BARTY]

Hi

You can add on any charges you have up to the point of filing the Court claim so no problem to put it on.

Barty:)

[KJD]

Thanx hun

 

LBA being printed of tonight and, if I'm out of my pit early enough tomorrow, will be sent off in the morning.

[broke dave]

Not sure you can claim that back. But if you can then yes just add it on to your schedule. You can add charges up until you file your court claim (so keep an eye on your account charges!)

[KJD]

Hi BD. It says in the original S.A.R - (Subject Access Request) letter

 

"I enclose the statutory maximum fee of £10.00. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10.00 Data Protection Act Subject Access Request fee."

 

But thanks for your reply, and Barty too. Since starting this, more charges have been applied so will duly add those. I didn't get the post office on Saturday but am glad I didn't now!!

 

Thanx all

[KJD]

GG how time flies! It's over a year since I posted on this one.

 

To briefly update, I sent my LBA off to Lloyds and after a few of the usual fob off letters, out of the blue appeared a letter giving me £750 as a goodwill gesture. This was in July 2007 and tbh could not have come at a better time, believe me, so I gladly 'accepted' (ie didn't say no) the payment and went on my merry way. However, having gotten back on to the site again and spent a while re-reading and cluing myself up on the state of play with charges etc, I gather I should continue with the claim for the outstanding charges and the few which have been accumulated since. I know nothing will happen as yet but I didn't want to just not do anything and find it's too late when the banks / courts get themselves sorted out.

 

So my question is, in view of the (extraordinarily!) long time since they paid £750 of the (then) £982 being claimed, should I be sending a 'thanks for your payment but I still want the rest letter', or would you advise I start all over again? I've caught up to date with my statements this evening and the new figure is now £477 (having deducted the £750).

 

To recap, to date I had got to the point of LBA when they paid. There is a note in their letter which said if I wanted to continue I needed to contact the FO within 6 months.

 

Thanx