daipp v AandL - delaying tactics and lies.

[daipp]

On 29-Jan-07, I sent a Data Protection request to AandL wih a £10.00 cheque. It was sent by Recorded Delivery and was delivered on 30-Jan-07.

 

On 10-March-07, I sent a reminder about the statements giving AandL a further 7 days before I report them to the Information Commissioner.

 

On 14-March-07, I received a pakage from AandL posted by them on 12-March-07. Inside was a letter, my cheque, and statements from 24-Feb-2001 to 23-Feb-2003.

 

The enclosed letter stated:-

 

Thank you for contacting us

 

As requested, we have enclosed details of your statement information. On this occasion, we have provided the information to you free of charge, as we have not treated your request as full data subject access request.

 

Should this information not be sufficient, and you wish to make a full data subject access request under section 7 of the Data Protection Act 1998, please complete and return the attached form.

 

Please ensure you include the fee of £10 (cheques made payable to MBNA Europe Bank Ltd) and appropriate ID (e.g. photocopy of driver's licence or passport).

 

Yours sincerely

 

Rachel Claridge

Assistant Vice President

 

In other words they have totally ignored my original letter and appropriate request.

 

I was obviously incenced with this and got onto the phone with them.

I spoke to a member of their staff who I would suggest does not have English as a first (or second) language. She suggested that to have the missing information it would cost me about £40.00. I tried explaining to her that I had already requested the information under the appropriate legislation with the correct fee but it was apparent that the Data Protection Act was something that only happened to other people:mad:

 

I demanded to speak to a manager (decent bloke but had to keep with his employer). It was at this point that things took a turn for the worse - the reason that they had only sent me the information up to 23-Feb-2003 was that the disk with the information for March 2003 had been damaged so they could not give me the information.

 

I said that even accepting this, what about the rest of the information from April-2003 to the date of my request. Guess what, I was told to write in and request them and enclose the appropriate payment !!!!!!!!!!

 

I told the manager that I had already done this and why should I do it again. In fact, I told him, I beleived that AandL were advising this as a delaying tactic. He came round eventually and said that he would send them out to me. As AandL were now way past their 40 day deadline I asked when would I receive them. He told me that as they were a large banking organisation it would take another 3 weeks.

 

I work for a Government department and certainly at a local level, we ALWAYS comply with the 40 days so I told him this was totally unacceptable and also illegal.

 

I have been left with no alternative other than to send them a Letter Before Action under Section 7 of the Data Protection Act 1998 giving them 7 days to fullfill their obligations.

 

Now, we come to the big question.

 

I have AandL statements from the current date back to 22-Dec-2004. Unlawful charges ammount to £511.00 in this period.

 

Do I make an initial claim for these charges but include the statement that this is done merely as an interim claim as they have failed to provide me with additional information under the appropriate section of the DPA OR do I wait (possibly fruitless) for them to provide the missing information OR do I make a guess at a figure in the hope that AandL will quickly advise me of the correct ammount ?

 

Any help on this one would be most welcome.

 

David

[Bigmac versus]

Hi there it is very frustrating when they are quite clearly being obstructive, however you are doing it the way i would giving them the 7 days notice, i personally would wait for the other statements but acknowledge the date the sar was sent as your start date for claiming back 6 years.

[warrih]

Hi there,

 

I would be interested to know what action you are taking with this LBA (since I have had a similar problem with A&L ignoring 3 requests for statements).

 

Once you have sent the LBS, if they fail to comply, what action do you proceed with then?

 

Any help would be appreciated!

[daipp]

Hi there,

 

I would be interested to know what action you are taking with this LBA (since I have had a similar problem with A&L ignoring 3 requests for statements).

 

Once you have sent the LBS, if they fail to comply, what action do you proceed with then?

 

Any help would be appreciated!

 

I will probably consider action for damages / loss and report them to the Information Commissioner.

 

By this point I will continue action for the ammounts I know BUT include an additional similar amount (with an explanation) as they have failed to provide me with relevant data.

 

I'll keep the thread informed.

 

David

[Bigmac versus]

Take them to court for NON-COMPLIANCE of the DPA.

[daipp]

Take them to court for NON-COMPLIANCE of the DPA.

 

That will be my intention but from what I understand, only for damages !!

 

David

[warrih]

I am a little confused, I reported them to the Information Commissioner for a breach who replied and said they would send my complaint along with the bulk of others they send to the banks every month.

 

How do you take them to court for a breach of the DPA? and how do you calculate damages and for what terms? I have read the threads on this site but this issue doesn't seem to be explored ot explained anywhere.

 

Any help would be appreciated. Don't want A&L to get away with this!

[TheSledge]

Can concur with this treatment from A&L - I had my cheque returned with a blank compliments slip - variation on your theme. No clue why they had done this whatsoever. Must be their current delaying tactic - after all, they're collecting interest on the amounts they've taken. Called their complaints department and they called they guys who handle the customer mail. The lie they gave me was someone in the post room must have sent back the cheque by mistake. I told them the 40 days stands regardless, so hop to it and send my statements.

 

I'm betting that if the Information Commissioner gets loads of similar complaints against the same bank then they will take a very dim view since it must point to systematic customer abuse. We all can't be getting our cheques returned due to fat-fingered mailroom staff.

[bp]

hi guys just in case, have a read at these links

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

 

http://www.consumeractiongroup.co.uk/forum/legalities/70169-oft-guide-claiming-compensation.html

[daipp]

I'm in a good mood so I'm sending a final e-mail to Michael Rhodes at MBNA stating he has until Thursday morning to get me the missing statements to my home address or I will visit the local court and submit form N1.

 

David

[daipp]

Just a quick update

 

Never received any additional statements or reply from Michael Rhodes (did get a "Read Receipt" though !!!)

 

I'm off the the County Court in Norwich tomorrow with a claim for damages and seeking an order against MBNA for non-compliance with a SAR.

 

Let you know how it goes.

 

David

[daipp]

Been to the Norwich County Court and handed-in my claim and cheque for £30.00 - all very easy. I was in and out in under ten minutes and over half of that was queueing. Told to wait for contact from either the Court or MBNA which will be within 3 weeks.

 

I have also received my acknowledgement from the Information Commissioners Office who inform me that they are receiving so many complaints about financial institutions, they are sending a batch of complaints on a monthly basis

 

David

[blimeyboy]

Nice one and well done.

Kepp us posted and I will keep my fingers crosssed that you get your money as quickly as possible

[daipp]

Nice one and well done.

Kepp us posted and I will keep my fingers crosssed that you get your money as quickly as possible

 

Thanks...

 

My claim was for an Order to give me the required information and also for damages that amount to £62.20 + Court Costs.

 

THEN, I can start my proper claim for charges.

 

David

[blimeyboy]

Ah I see. well good luck with that. A&L are using every trick in the book to slow down paying people what they are owed.

If I was you whe you do go for your claim I would add Compounded Contractual interest to the claim

[daipp]

O.K., I admit it, I fouled-up. The Court have sent my claims back to me because I didn't sign them.

 

No problem, you learn as you live so it's back to Court tomorrow with the signed papers.

 

Never mind, it will only delay things by two days.

 

David

[daipp]

Back in court today with the SIGNED papers Some good news though, the court office was totally empty - I think the receptionist was glad to see me !!

 

David

[daipp]

Update

 

Letter from the Court today stating that the Defendant filed and Acknowledgement of Service on 10-May-2007 AND that the Defendant has responded to the claim indicating an intention to dafend ALL the claim.

 

Keep you all informed.

 

David

[daipp]

Update

 

On 30-May-07 I received, by Special Delivery a pack from MBNA / Alliance & Leicester containing what I thought would be their defence. Instead, it was a complete S.A.R - (Subject Access Request) with statements, screenprints, copies of correspondence. At last, I can calculate what they owe me I thought; no need, they also included that information as well.

 

Today, another letter arrives containing a "goodwill gesture" of £92.20, my court claim against them for costs and damages for non-compliance with the DPA.

 

They now want me to inform the court that I wish to withdraw the claim. However, I will wait until the cheque clears as I'm sure they would.

 

Despite threatening to defend the indefensible, they didn't !!

 

I can now wait for the outcome of my actual claim now - £680.00 - which was posted today.

 

David

[warrih]

That's great, congratulations!

 

My claim was eventually settled after a gruelling battle trying to get my statements through. A&L lied to me on several occasions stating the statements were with MBNA when they were with them.

 

Do you think I could claim for the same damages now my claim has been settled?

 

If so I would be very interedted in hearing how you put the claim though. I was under the impression it had to be done through your local county court and cost around £150. Is that how you did it?

[daipp]

Since the above, I have requested repayment of charges etc from Alliance& Leicester - this amounts to £680.00. Gone through the various steps and now at the stage of Court Action.

 

However, in the mean time, A & L have put into my account a goodwill gesture of £390.00. I sent them a letter advising them that I do not accept this as a "Full and Final settlement" and also authorise them to remove it. Three weeks later they have not acknowledged my letter (though the Royal Mail website confirms they have received it), and have not removed the monies from my account.

 

My concern is that if I make the claim they will take back the credit thus making my claim incorrect.

 

Or, would forum members agree that I still claim the full amount but mention the £390.00 in my claim.

 

As usual, any advice would be greatfully received.

 

David

[daipp]

Any thoughts or suggestions please????

 

David

[lsubaby]

Any thoughts or suggestions please????

 

David

 

Continue suing them. Do you have an open claim against them going through the courts? If so, inform the court of their actions, paying "goodwill" money in, include their letter as an exhibit, and include the letter from you to them telling them you don't accept it as full and final settlement. Add a further letter to the Judge/court informing them you do accept the "goodwill gesture" but only with no conditions attached to it WHATSOEVER, and as far as you are concerned they still owe you £600+.

[lsubaby]

Continue suing them. Do you have an open claim against them going through the courts? If so, inform the court of their actions, paying "goodwill" money in, include their letter as an exhibit, and include the letter from you to them telling them you don't accept it as full and final settlement. Add a further letter to the Judge/court informing them you do accept the "goodwill gesture" but only with no conditions attached to it WHATSOEVER, and as far as you are concerned they still owe you £600+.

 

And don't spend it! let it gather interest while it's there! IT'S WHAT THEY DO TO US!

[Jess68]

lol or be totally unreasonable and accept the £390 as a good will payment for the stress this has caused and continue with the full claim ok thats just cruel, if you are accepting it as part payment maybe take it out and pay it into another account that way they cant take it bac and u have it safe incase they insist on it, but show the court they have made part payment and continue the claim but when u reach court tell the judge (if u get that far) that you have received partial settlement and want to claim the rest. That way it wont cost you £35 to alter the amount of your claim