Is this feasible/possible????????

[oz4725]

I sent a DPA request off on 25 January 07. Signed as received on the 26th. 40 Days was up on 7th Mar 07. I gave them a couple of days grace and still nothing? I then 7 day LBA them on 14 mar 07. STILL NOTHING!!!

 

I now want to put it through the small claims court to force them to cough up the info. I believe there is in the region of £5K of charges to be re-couped. Can i claim £4999 of compensation while filing my MCOL for non compliance of DPA?

 

What is the best plan of attack Guys? I just feel like they are taking the Pee now.

 

Any advice would be great

[ladybird17]

why would you want to claim for non-compliance of DPA when you can claim to get your charges back + interest?

[oz4725]

Hi LB17

 

I understand exactly what your saying and yes you are spot on. In the cold light of day i guess i would lose out on >£1K, i'm just so bloody annoyed that the post man has been with nothing again!! and i just want to force Lloyds hand into doing what they should be doing. The £10 cheque was cashed weeks ago and they just appear to have "we'll do it in our own good time attitude".

 

Can MCOL/Small Claims be done for a non cash claim?

 

As i say, i am all ears for advice guys?

[ladybird17]

what do you mean by a non-cash claim - what is it you want to get from the courts if not your money back? Have you sent them the DPA non-compliance letter?

[oz4725]

I've sent a SAR- 40 days and nothing. A non compliance letter - nothing. A LBA giving 7 more days for them to send me the information i have requested- nothing. That expired 3 days ago. The only way now that i can think of forcing them to comply is by going thru the small claims process. Hence why i say that its a non cash claim for now. I just want the info that i'm entitled too!!!!!

[ladybird17]

right I see what you mean - do you bank on-line?

[oz4725]

Sorry for the delay LB17. I don't bank online with LLoyds. Basically, this account is running with a few pence balance just while i recover my charges and then it will be closed. I got hacked off with them about 6 months ago and moved to a different bank.

 

Excuse my ignorance LB17 but whats the significance of online banking?

[BARTY]

Hi

You can go back I think to about June/July 2002 on your statements and look online to see if you have any charges, obviously if you have charges before this you would still need a reply to you SAR. You could try ringing 0117 943 3133 and chasing them up, some people have got their statements this way.

Good luck, let us know how you get on.

Barty:)

[Pondfish]

Hi,

 

Just read this thread, and it's disgraceful what the banks are doing to stall these claims. Unfortunatley, this is not the only thread where people are struggling to get Lloyds to comply.

 

With online banking you can view all your statements going back to about june 2002. not quite six years, as internet banking hasn't been going that long. I think this is why Ladybird is asking.

 

I was fortunate in that i found statements i had kept prior to 2002, and used online banking to get the rest.

 

I wish you luck, and hope you persevere and make them pay for the aggro they are giving you.

 

Pondy

[dpick]

Hi if you have any statements with charges on them, start as I have by sending prelim letter for that amount with dates covered and state that you will amend schedule of charges and amount of claim if they complied with SAR before you get that to court else then it will be two claims for charges. Issue claim for SAR disclosure and compensation at the rate granted by court. Just do what they do make it b****y had for them.

 

dpick:p

[ladybird17]

hi - yes I asked about online banking as you would then have had access to your statements.

You should, IMO do what Dpick suggests. Put as many charges as poss. in your prelim letter, but make it clear that you are unable to calculate the full amount due to their inability to comply with your request under the DPA.

[oz4725]

A Significant update for you guys!!!!!!!

 

As a last ditch attempt to resolve this without court action i did as Barty said and rang the 0117 number.

The guy who answered was spot on but his info was rather disturbing.

I explained that all i wanted was LLoyds to play ball and give us the info we had requested and that i didnt really want to, but if pushed would take them to court to force them to give us it.

The guy on the other end of the phone told me that Lloyds standard defence would be that we posted it out to you and its not our problem if you havn't received it. As i already knew, any letter posted is deemed as received 2 days later and as the letter had no monetary value they didn't have to send it recorded/special delivery. The chap on the phone as i say was really good and he said to save anymore hassle he would personally see that we got what we wanted within 7 days and he would ring us next wednesday to check we had it.

 

Be aware guys, Lloyds dont seem to have many scrupples with regards to fulfilling their obligations. I will update as and when i receive the info.

 

Has anyone else had this much hassle with a SAR thru LLoyds? I have SAR'd 6 different firms now and never had a problem apart from LLoyds!!