voyager 9 vs bank of scotland

[voyager9]

hi everyone

 

i am starting a claim against a HBOS current acc and sent a sars request on 8/3/07 with a cheque for £10.

unfortunately i just posted it first class.

on 16/0/07 i sent this letter (with last letter attached )recorded asking if they would add my credit card to the same sars request arrived 21/03/07

 

Dear Sir or Madam,

Re. Credit Card Account number: ********************

I am writing to request a fully comprehensive list of all the default charges for late payments, overlimit charges, and any other charges in relation to the above account I have paid over the last six years.

I enclose a copy of the letter I sent on the 08/03/2007 requesting the similar information for a separate account with which I enclosed a cheque, as this charge is per name please note the fee has been paid. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

I look forward to your response within 40 days, as bank of Scotland is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

Yours faithfully,

on the 27th i checked my bank and the cheque had not been cashed and to date i have had no acknowledgement to either letters

so 27th i wrote the following letter and sent recorded (received 29/3/07)

Dear Sir or Madam,

Re. Credit Card Account number: ###############

And account no: ############

This is my 3rd communication with you and I am disappointed that I have not had any response from you in 19 days, may I remind you that you are obliged to deliver within 40 days under the data protection act.

I am writing to request a fully comprehensive list of all the default charges for late payments, overlimit charges, and any other charges in relation to the above accounts I have paid over the last six years.

I enclose a copy of the letter I sent on the 08/03/2007 with which I enclosed a cheque (receipt and photocopies kept) and 16/03/2007.(which you received on 21/03/2007)

I note on 27th march 2007 you have still not cashed this cheque so has a courtesy I am enclosing a postal order instead. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

I look forward to your response within 40 days, as bank of Scotland is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

Yours faithfully,

 

 

my question is i now know for definate they have received payment but when should i commence the 40 days from the first letter or second letter i know they received or even the 3rd letter

 

voyager9:-?

[voyager9]

and also can i claim both accounts together and how would you suggest i put a condition in to the letters to ensure they settle as a cheque?

 

any help would be greatly appreciated

[voyager9]

bump

[caro]

The 40 days starts from the day they received payment for your SAR, so I think you should deem that to be 9 March, as you sent it 1st class. I never bother with recorded delivery, but sometimes I get a certificate of posting from the Post Office which is free. You have added information you want so perhaps you should be a little flexible if they go over 40 days. You can put both accounts on the same claim, and just say you want a cheque made out to you to settle the claim in your letters.

 

Everything is fine so just read up on the next steps while you wait for the bank to send your info.

[voyager9]

thanks caro

i think i will run the 40 days from the 21st when they received second letter they shouldnt be able to argue with that.

i have been reading as much as i can but sometimes you need time out to stop your head from spinning with all the things you read lol:D

 

again thanks for advice

[caro]

I know what you mean, but there comes a day when it clicks and all fits into place. Just take each step as it comes.

[voyager9]

will do caro thanks:)

[Bigmac versus]

Hi you are in the excellant hands of Caro.

[voyager9]

just a update !

 

they cashed my cheque on 10/04/2007 a whole month since my first letter

but at least i know they got that letter but they havent bothered to send my postal order back lol just waiting for statements now shouldnt be long

[voyager9]

well another update !

 

nothing back from sar so have sent a 7 day lba yesterday

so we will see if that gets them moving!

[voyager9]

received part of my request today only for 1 account funny enough the part thats missing is from when they joined with halifax nothing for credit card though so have sent the following letter as one last go because i have read that they will defend and waste even more time so anyway heres letter i wrote and sent today

 

 

FINAL LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear sir/madam

 

ACCOUNTS: ########## and #########

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 8/03/07 and 16/03/07 (copies enclosed). 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.

The parts missing from account no ########### are from 16/04/04 up until the account was closed.

I have not received anything for account no ############.

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

3) 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 tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

I have also reported HBOS to the information commissionaire’s office on 30/04/2007 and sent all supporting evidence to them.

As you have attempted to comply with my last letter before action letter dated 24/04/07 I will with hesitation give you a further 7 days to comply fully with my request however if I do not receive all documents within 7 days upon receipt of this letter (royal mail tracking number is

##########) I will proceed with legal action without further notice.

 

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,

 

[Bigmac versus]

Your telling them whos the boss.

[voyager9]

thanks bigmac just hope it gets them moving lol.

[DerekRoney]

Hi Voyager9,

 

Im in exactly the same position as you.Ive already sent my letter (similar to yours above) but still haven't had all my statements.Im complaining to the Information Commissioners tomorrow and the thinking about filing in court.Although Im not sure how to go about this.

[voyager9]

hi derek you have to use the n1 form and hand in to your local court the non compliance p.o.c. is here adapt it to suit.

 

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

[DerekRoney]

Sorry for being thick but do you get a n1 form from the court itself? Also idoes anyone know if its the same procedure in scotland as england?

[voyager9]

hi derek here the link for n1 form and i cant help with scottish claims sorry

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

anything you need should be in the bank templates library here

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

anything that you cant find try this a-z

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

hope this helps by the way have you started your own thread yet?

[DerekRoney]

thanks for the help Voyager,its much appreciated

 

I started my own thread but didnt get too many responses. Guess most people are lucky and get their statements without any problems

[voyager9]

derek thats ok glad to help post your link and i will subscribe and help where i can but i am by no means an expert am still finding my feet also

 

still no sign of any more statements if they dont come tommorow will have to do n1 form to hand in thur or friday

 

personally i think they keeping back statements with lots of charges on funnily enough after halifax merged my schedul is all ready just short of £3000 after 4 years still another year and half of charges yet (at higher rates too!) have been thinking about trying for compound interest because of how aukward they are being.

does anyone know of a list of cases that have won contractual interest like the settled cases spreadsheet i heard someone was putting one together on another thread but cant find it now!

 

as for credit card only for about 12 statements (kept not through sar) £500 with c/i about £1100

 

will update soon voyager:)

[DerekRoney]

Hi Voyager, not sure how to post a link . Ive currently two threads at the moment, one for halifax and one for BOS. Halifax have been helpfull so far ( apart from giving me my money ) but im still waiting on BOS sending all my statements.

Ive sent them lba letter for incomplete statements and also wrote to the information commisioners office.

As i live in scotland, I think I might file in an english court as all my family are in newcastle and its not that far to travel if need be. At least this should speed things up as they just seem to be blanking me .

[voyager9]

right update ended up with all statements

 

have sent prelim and lba due to file on tuesday

 

however were planning and have stated this in both letters on claiming pre six years (about 6 months) and compounded contractual interest

 

amount of claim £9500

 

however after reading this thread http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/11164-cank-halifax-11.html?highlight=contractual+interest

 

am now unsure could i email a mod my poc to see what you think and can i change to stat 8% at court stage when i have sent prevouise letters at c.i. 29% or would i have to start process again

 

voyager9

[caro]

It might just be worth sending an LBA and give them one last chance to settle before taking them to court, charges only, which will show the court that you have been willing to settle before court action, and if they don't settle, then just go for statutory interest. Pre 6 years is not a problem if done properly, but I wouldn't advise compounding contractual interest if it takes it outside small claims track.

[voyager9]

thanks caro

 

i have been trying to think of a way to incorparate the social security administration act 1992 into the claim and this may be the best way

 

i will ponder it further i think, i will not do anything rash and they have already offered 8% interest but with only 50% of charges so its worth thinking which way they will go what with contravening section 187 of the act for six years

 

voyager9

[caro]

thanks caro

 

i have been trying to think of a way to incorparate the social security administration act 1992 into the claim and this may be the best way

 

 

I'm not familiar with that voyager. How is it relevant?

[voyager9]

section 187 says the following :

 

Certain benefit to be inalienable.

 

187.—(1) Subject to the provisions of this Act, every assignment of or charge on—

(a) benefit as defined in section 122 of the Contributions and Benefits Act;

(b) any income-related benefit; or

© child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

 

 

 

which is saying to me any agreement to them charging you is void the act comes before any terms and conditions /contract or agreement

 

see my yorkshire thread for a letter i have drafted to them that will explain it more

 

voyager9