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bob m
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Need some advise on the following letter, is it ok to send as is? any input appreciated.

 

Retail Regulatory Risk

2nd Floor,

Cornerstone,

60 South Gyle Crescent,

Edinburgh.

EH12 9WF.

..........2007

Account XXXXXXXX Sort XX-XX-XX

Dear Sir/Madam,

I am in receipt of the documents you have supplied in response to my Data Protection Act information request dated ..........2007. The disclosure of personal data is incomplete in that at least the following documents are missing.

1) You have failed to provide a complete list of transactions and charges from the opening of the account 19....., until 4th October 2002. You have therefore supplied 4 years 4 months of an account lasting ..... years (now closed).

2) You have also been supplied with all relevant information to assist in the completion of the request in a letter sent to you dated .......... 2007, of which there has been no acknowledgement of receipt.

3) You have provided no notes, or documents relating to any legal action between you and myself.

4) You have provided no notes or documents relating to instances of manual intervention.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly I have to inform you that you have not yet complied with your obligations under the Data Protection Act 1998.

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

Yours Faithfully,

BOB M

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Yo Bob!!! Read............. and duly agreed with!! Send it first class recorded delivery tomorrow - they've messed you about for far too long now honey, it's time they sat up and sent you your info without prevaricating any longer!

 

Good luck mate, hedgey xxx :p

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thanks hedgey will post tomorrow. do you know whether the bloke who lost at lancaster was a cagger? seems his claim was under prepared. Not right the banks winning. Gives them too much confidence to p..s everyone about!

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Not too sure bob - but haven't read anything on here, which is a good sign!!! Don't worry hun - there's no way we're gonna let you down! You'll be fine - once you get your statements in place!

 

Strikes me that the ones who're being turned down are the ones who haven't prepared properly. THEY SHOULD'VE LISTENDED TO CAG is my advice!!!! xxx ;)

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Looks good to me. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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  • 2 weeks later...

I still have not received the remainder of my statements. have sent, recorded del. L.B.A. (7 days) on 31st May. The 7 days have now elapsed. I have not received any aknowledgement of any correspondence I have sent, have recieved some statements. What is my next step?, I need to get this right people! Dont understand why most on this site are claiming for charges, yet I cannot get the info to be able to claim! Who else reads and has access to this site? bob m

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If the bank fails to supply you with your data then you should complain to the bank. Give them 7 days to comply and tell them that you will begin a complaint to the Information Commissioner and also that you will begin a County Court action under the Data Protection Act.

 

If the bank does not respond to your 7 day warning then begin your complaint and start your action.

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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i.e. youve technically already sent the bank a letter saying non compliance and given them a further 7 days so if I was you I would go straight to the ICO and make an official complaint. You can do it all online.

 

Here:

 

ICO – Information Commissioner's Office

 

You can download the form on there and provide as much info about the complain to them as you can, and then they can ensure the bank comply.

 

All the best.

 

Fendy xxx

NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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Hello people, Thanks to fendy I have now completed the complaint form for the I.C.O using the link on the previous post. If poss I would like further info as to the direction to go with the County Court compliance. Basically how and how much? Do I go to court and is there any doc`s on this site to assist? Thanks all.....be strong!

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Have you read this thread yet Bob?? Data Protection Act - Taking a Case to Court If it's no good - give us a shout, we'll have another scoot round! xxx

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Hi All,

read through some of the D.P.A. info posted by hedgey. there is a small section where a paragraph refers to a part B procedure for SRA ignored. Its very sketchy and doesn`t explain how to proceed with a court claim or the costs, all i need is the remainder of my stats, nat worst are oblivious to the request, i assume they think i`ll go away.........wrong!

Please help people, has anyone been in this situ before?...bob m.

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Hi,

No answer to my question from previous post, if there is someone who could help please, I would be grateful, thanks. bob m

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Hi Bob, I can't believe what a bad time you're having with nutty west just trying to get your statements. I've had a look at that info booklet myself, and I couldn't make head nor tail of it (think it's been written by somebody who was either drunk, on drugs............ or having a bit of a laugh!!!)

 

There's a number at the back of the booklet for the court service and it might be worth giving them a ring 02072102266. Also, I've found another link that might be a bit more helpful as it's a suggested 'particular of claim' (POC) for the N1 form at court in a data protection claim Data Protection Act Non-Compliance - Particulars of claim

 

To be honest though hun, if the above's no good, it might be worth sending Bankfodder a PM with a link to your thread to see if he could help you out with this.

 

Hope you get a positive result soon, hedgey xxx

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Hi bob

 

You might be interested in Vamp's run in with NatWest over DPA compliance too http://www.consumeractiongroup.co.uk/forum/natwest-bank/67779-data-protection-act-r.html

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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  • 2 weeks later...

Hi All,

Unfortunately I have been busy for the last couple of weeks so I have not put the effort into this thread that I should have, but it doesnt mean I`m not going forward.

A brief resume`.......I have contacted the ICO giving them the info re. insufficient data, no corres or contact of any kind other than the initial bundle of stats. A reply from the ICO stated basically that following the OFT ruling the ICO are aware that banking institutions are struggling to respond in the 40 days permitted (longer, so far in my case) and are monitoring it closely. They go on to say that a valid SAR was issued and that the ICO will be writing to Nat West asking them to ensure that I am provided with the necessary data as per the request. I am advised to await the receipt of the info in due course.......don`t hold your breath comes to mind! I have become cynical in these trying times waiting for info from an SAR thats not been aknowledged as received by Nat West.

As I have not proceeded with the LBA (7 days) will this still be enforcable?

reason being I thought I would wait for ICO involvement first, but having read Vamps thread (thanks steven for the link) I`m not so sure if that was wise. ICO threaten but seem to be toothless when waving DPA flag.

Now I`ve gone this direction I will have to wait. the ICO response was dated 26th June so 2 weeks should be a reasonable time to give. One advantage I can see is if it does go to court the judge will see I`ve given Nat West an age to respond and that I have tried various channels in an attept to receive the data.

Any thoughts people? Is this the correct way or is there another way?............Be Strong! bob m.

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Hi Bob, I seriously can't believe that they still haven't provided you with your statements at least. Hang in there - help should be on it's way soon. x :(

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Bob - send them letter #3 from this thread. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

On the 9th day after you post it (7 days + 2 days for service) then you complete and file an N1 with the Particulars of Claim from this thread.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

Do this and stick to your deadlines - otherwise do not set them.

 

By my reckoning, you should be filing your DPA SAR non-compliance claim at your local County Court no later than 10th July.

 

Nat West cannot ignore a court claim, but as they have amply demonstrated thus far, they can ignore you and will continue to do so until you issue one.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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  • 1 month later...

Hi All,

Its taken an age to receive my statements, but finally I have a moral victory of sorts. As of today I have been sent 10 years worth of stats. It will be a start to go on with, I`m not going to wait for any others for the time being, but obviously I will have a dated commencement of this batch with the option of requesting further stats at another time. Nattie did say 15 years was the best I could hope for so the other 5 years will start another claim. Now to get started! bob m.

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Bob!!! Hallelujah............. I can't believe it!!! My hubby's just asked me what the screaching's all about - I don't think he understood me when I told him you'd finally got your statements!! Well done you - you deserve a medal of honour for perseverance!

 

Anyway - now that you've got them - don't give them a second longer than necessary to respond to you. Prelim - 2 weeks! LBS - 2 weeks! Filing N1 at county court............ I expect that to be in approx. 4 weeks and 5 days from now!!

 

Best of luck Bob - we're all right behind you! xxx :D

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I have just read the announcement posted by alanfromderby ref. Respose to OFT test case, the rough draft concerning charging levels applying to past as well as present customers, with the guidline of being allowed to claim for the previous 6 years. In my case that would restrict my planned claim. Why have we to put a time restriction at all? As of today, 31st July I have received 10 years stats, which I will examine to find what charges have been incurred, and claim thereafter.

It could be that someone may go further back, if not already. If there has to be restrictions make them on the consumers terms, negotiate for as far back as poss. This is not a crititism of the announcement, purely a suggestion, I am aware that its a rough draft.

Could a mod or site helper pass this on thanks. bob m.

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  • 3 weeks later...

First of all I must apolgise for the delay in posting on this thread, as I have been on a few days break, I had intended to post a letter on this thread that I have sent to Nat West, sorry for the delay.

As most who have read will know I have struggled somewhat to obtain a reasonable amount of stats. That has now been rectified to a limiting degree.

Originally I was`nt sure whether the letter would create more problems than solving. Therefore I sent it before I intended posting on the thread. It may not be of use to many but its there for future disection when needed.

Good Luck bob m

 

12th July 2007.

Account Sort

Dear Joyce Tudor,

Thank you for your letter dated 29th June 2007. Ref : …………..

I am sure you are aware that I have written to you requesting statements on the 16/04/2007 and again on the 12/05/2007 and a further letter on the 31/05/2007. Your response has been to supply me with an incomplete amount of statements for any circumstance, whether pre six years or post. If, as I would expect from your organization, you have actually read the letters sent to you, then you will be aware that the time period taken to supply me with the statements requested is far in excess of any time period allowable.

I will accept the fact that your department could be very busy but this situation is totally unacceptable. Your letter dated 29th June is the first acknowledgment of any correspondence in writing since the first letter sent to you, dated 16th April 2007.

The statements received are for the period 4th Oct 2002 to Feb 2007, that is 4years 4 months. You have been informed of this fact in previous correspondence. I have supplied you with codes to access my account far beyond the six years you allege are the acceptable requirement, therefore there can be no doubt or excuse that a method exists to access any accounts prior to the period quoted.

I have notified the Imformation Commissioners Office of your actions during this time, and I am sure they will notify you of my complaint. I have delayed an application to County Court due to the I.C.O. involvement, for the possibility of a conclusion to this disgraceful delay in providing the data required. The delay of the County Court application now depends on your swift response to this letter. From the 16th April (first letter) to 10th July (this letter) total 86 days. Please explain the reason for this amount of time, when 40 days is the required period.

The cheque posted with my request for data has been cashed, but you have failed to supply the remainder of the statements requested. I am therefore confident that in the likely event of court proceedings the court would find in my favour, given the time and notification you have received.

Yours Sincerely

Bob m

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