ICY m-i-l -V- Lloyds TSBmastercard claim 12

[ICY]

SAR sent yesterday recorded delivery

[monopoly23]

Your at the exact same point as me ICY. I also sent mine yesterday morning recorded delivery. It will be interesting to see how long it takes each of us to get to the next stage

Keep us informed.

[ICY]

will do

[jade21s]

Hi Icy

 

I'm still awaiting my statements from lloyds trustcard. I asked for them on the 23/2/07, I have now filed a complaint with the OFT. I did try calling them but they cannot speak to the dept who deals with DPA comms are sent by email, but when you call back to say not received they say they were sent on xx date which is in fact the day you last called, I dont think the advisors really know how to tackle this or how to read the accounts as I have to correct them to state the date they are giving me is the date I last complained not the date they were sent out (I would have had a very angry postman if that was the case . I hope you have better luck than me, Good Luck :-|

[ICY]

This claim is a bit different in that m.i.l has power of attourney for the account holder, dont know if this is going to be more complicated

 

Story so far

 

17th April S.A.R - (Subject Access Request) sent along with cheque for £10 (to date uncashed)

 

20th April SAR confirmed as received by Royal mail

 

23rd May SAR reminder letter to be sent

 

30th May SAR deadline

 

 

 

To be continued .....

[ICY]

Having been unable to find a template to remind bank their 40 days is almost up i have drafted the following letter together, how does this look to everyone, is this letter suitable to go ?

 

Dear Sir/Madam

 

RE account number: XXXXXXX

Following on from my letter of the 16th April 2007 in which I made a Data Protection Act 1998 Subject Access Request, I am disappointed to note that as of today’s date, the requested information has not yet been sent to me.

 

In this letter I requested you to send me a complete list of transactions and charges relating to my banking history with your organisation.

 

I enclosed a cheque number 100324 which I note from my bank records this has not yet been presented to the bank. I wish to take this opportunity to remind you that you have 40 days from receiving my payment to respond, as you received my cheque on the 20th April 2007 this means you have until 30th May 2007 to forward the requested information to me.

 

If you fail to send me the information requested by this date, I shall be reporting you to the Information commissionaire, and will be taking further legal action.

 

 

 

Yours

[BARTY]

Hi

Looks OK to me. If you still haven't received them after the deadline, have a look at this:

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

Good luck, let us know how you get on.

Barty:)

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html I WON!!!! :D

If I have helped, please click my scales:)

[jade21s]

Hi

 

Just to let you know, I requested my statements on the 23/02/2007, I also complained to the OFT after the 40 days was up. I telephoned 2 weeks ago and got the basic response 'will be dealt with shortly', I asked to speak to a manager who told me the same thing, I then told him that I have not asked to speak to a manager to get the same response as that from the frontline team and that I would like to speak to his Manager, his attitude then changed, I received my statements a week ago along with a £50 credit to my account as a gesture of goodwill for the inconvenience. All the correspondence was in his name as he assured me from the telephone converstaion that he would be following up my complaint.

 

It may be worth you doing the same thing, don't let them fob you off, If they cant tell you what you want to know go higher as they do not want to pass a complaint to 'their boss' as it would mean they are unable to deal with what they are paid to do (I know this because I work in a similar role, not banking may I add GOOD LUCK

[ICY]

They have still failed to send the statements, how do i go about reporting to the information commisoner?

[ICY]

I am now writing complaint to go to information commisioner, have just checked and it has been 88 days since they received the S A R 48 days overdue, that will look good for them or not lol, when the matter goes to court, which no doubt it probably will.

 

 

Made a S.A.R - (Subject Access Request) request for list of transactions and charges debited to the account on 11th April 2007, delivery of this letter confirmed with royal mail track and trace on 20th April 2007, A cheque for £10 was included in this letter, LLOYDS TSB have failed to cash cheque which is numbered 100324.

 

On the 17th May 2007 I sent a letter to LlyodsTSB reminding them that the 40 day period has almost expired and they still havent complied with the Data Protection Act S.A.R - (Subject Access Request). This letter was also sent recorded delivery and royal mail confirm it was delivered on 21st May 2007.

 

To date there has been no correspondance from lloyds tsb regarding this matter, 48 days have now past since expiry of the 40 day period.

[ICY]

No word from IC office yet, what is the normal procedure for complaints to ic

[ICY]

The following petition has been put on the government website

 

We the undersigned petition the Prime Minister to Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal. More details

 

Petition to: Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal.

[ICY]

Had the following reply from Information Commissioner

 

Complaint to the Information Commissioner Office about unfair penalty charges and your subject access requests to Lloyds TSB and HSBC for information held as part of credit card/bank account statements.

 

Is a subject access request necessary in order to reclaim any unfair penalty charges?

No, Information from credit card/bank statements should not be needed in order to reclaim any unfair penalty charges from a financial institution.

 

Following an Office of Fair Trading (OFT) ruling about 'unfair penalty charges' relating to credit card accounts, the number of individuals making subject access requests under the Data Protection Act 1998 for information held as part of credit card statements has increased significantly. Although the OFT ruling only relates to crdit card accounts a number of individuals are also making subject access requests for information relating to other financial services before attempting to reclaim any penalty charges associated with them. Many financial institutions are struggling to respond to these subject access requests within the 40 calender days permitted. We are aware of this and are monitoring the situation closely.

 

Whats the best way to reclaim penalty charges?

The Financial Ombudsman Sevice (FOS) is the most appropriate organisation to assist you when seeking to settle disputes about unfair penalty charges with Lloyds TSB and HSBC. The FOS can be contacted n 0845 080 1800 Monday to Friday from 9am - 5pm.

 

The FOS was set up by parliament as an independant, free service for settling disputes between buisnesses providing financial services and their customers.

Complaints about unfair penalty charges fall outside the remit of the Information Commissioner Office. This is why we are unable to directly assist you in seeking the repayment of these charges.

 

What will the Information Commissioner Office now do with your complaint about the failed subject access request?

We acknowledge that in pursuing the unfair penalty charges a valid subject access request was made to Lloyds TSB and HSBC and although the information requested may not be needed to recover any unfair penalty charges, financial institutions are still required to provide it.

 

From the information you have provided to us it seems unlikely that Lloyds TSB and HSBC have complied with their obligations under the Data Protection Act on this occasion as they have failed to provide you with the information to which you are entitled.

 

We will therefore be writing to Lloyds TsB and HSBC with the details of this complaint. We will ask them to ensure that they provide you with the information you are entitled to as a matter of priority. Furthermore we will ask them totake any steps necessary to ensure their future compliance with the Data Protection Act.

 

What happens next?

We would now recommend that you contact the FOS if you wish to begin the process of reclaiming any unfair penalty charges. If when we contact Lloyds TSB and HSBC there is any doubt as to whether they received the subject access request you sent to them we may need to contact you again.

However, in most cases, and certainly where you have been able to provide us with proof of postage or receipt for your request, we would not expect to need to contact you again and you should await the receipt of the information to which of the information to which you are entitled from Lloyds TSB and HSBC in due course.

 

If you would like any further clarification having read this letter please contact our hilpline on 08456 30 60 80 or 01625 545745 if you would prefer to call a national rate number.

 

Yours

 

Denise Horton

Customer Service Officer

[ICY]

Had no statements since reporting to Information Commissioner what is my best plan of attack now.

 

IC wrote me in July stating they would write to ltsb telling them to provide statements, do i need to start the process again due to leaving it so long

 

This is a Credit Card Claim

[elsinore]

However, in most cases, and certainly where you have been able to provide us with proof of postage or receipt for your request, we would not expect to need to contact you again and you should await the receipt of the information to which of the information to which you are entitled from Lloyds TSB and HSBC in due course.

 

 

Hi Icy.

 

I think you need to revive your complaint to the Information Commissioner.

 

Quote the above paragraph from their letter and tell them you have been waiting for the information for 6 months! They should then have another go at LTSB.

 

I presume that you have no idea what your charges might be without this information, is that right?

 

Els

[ICY]

thats correct we have no idea at all at this stage.

[ICY]

Sent a follow up letter to IC on 13th Feb, still not heard anything from either IC or Lloyds

[ICY]

Still no reply from either IC or Lloyds

[ICY]

After a reminder letter to ICO, they have now escalated the complaint and i have now received the following reply :

 

Thank you for your letter of 13th February regarding a subject access request you made to Lloyds TSB, on behalf of Mrs B, back in April 2007 and for which you have not receive any response or data. Your letter has only just appeared on your case for which I apologise to you.

 

We wrote to Lloyds on 30th July 2007 asking them to provide you with the data you requested as a matter of priority and within 28 days.

 

As you have not recevied the data the decision has been taken to pass this case to our Regulatory Action Division for further consideration.

 

Your case will be reviewed by one of our Remedies Officers who will make every effort to give you a substantive response as soon as possible.

 

I do apologise once again for this late response to your letter of 13 February.

 

TBC