the looney v Lloyds

[thelooney]

Well hello there

Help needed.

Starting out on the long road of claiming money back from Lloyds. Have reached the point where they have not sent all information from my SAR.

My most recent letter ended

"The time for compliance with my request expired on Monday April 23rd. If you do not comply fully with my Subject Access Request within the next 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court."

All I have received from them since this letter of May 1st are 2 letters, sent to my home address, but bearing another customers name and account details!

I'd like to think that they haven't sent my personal stuff out to somebody else but this is Lloyds.

Anyway, what do I do next? I appreciate that the next move should be to take them to court to get them to comply but this is where I'm stuck. Looking at the small claims procedure I can't see anything about forcing compliance.

Help.

[thelooney]

HELP HELP HELP PLEASE!!!!

Unfortunately since my last post I've hit a brick wall. I desperately need some advice as to what to do next. Like I've said I've threatened Lloyds with court action but it's been a hollow threat as I don't know what to do. The court forms mention damages but make no mention of forcing compliance.

Since this last post I've written back to Lloyds, to a different department who wrote to me about a particular complaint that I had never made, asking what's going on and why am I receiving someone else's post. No reply. Only yesterday I received a credit card statement that bore this other persons name. I now have personal information about somebody else. Have they been receiving my mail?

I'm really at my wits end here as I just don't know what to do. As every day passes this tangled mess with Lloyds just gets more and more ridiculous.

Any help would be deliriously appreciated.

[nevos]

Have you tried calling them ?

[Redfaze]

There is loads of useful information on the information commissioners website ICO – Information Commissioner's Office.

 

You have stated that they havent sent you all of the information, what is it you are still waiting for? The best advice would be to write directly to the data controller at LTSB, Penny Berryman, stating that you have yet to receive all of the information you requested in your Subject Access request.

 

Which address did you write to initially and are you sending all of your correspondence by special/recorded delivery?

 

I think issuing court proceedings in this instance may be an unnecessary distraction as this can probably be resolved amicably. The Data Controller is more than likely being inundated with requests and perhaps it may be appropriate to send a polite letter stating what you require by special delivery to LTSB.

 

The address for Penny Berryman in case you do not have it is

 

Penny Berryman

Senior Manager

Data Protection Dept

Lloyds TSB Bank PLC

The Pentagon

48 Chiswell Street

London

EC1Y 4XX

 

I apologise if all of this is stating the obvious but there is no harm in repeating it!

[thelooney]

Yep, to no avail. The last time I called them, about a month ago, they had no knowledge of any dispute, but they promised to call back.

In a way Im glad they haven't because speaking to them only confuses the issue. They have to start all over again with, "right so what's the problem?". Back in April when I collected the bundle of documents they had for me I had to point out again about my address being wrong. Even though I had a letter from the data access team in my hand, clearly showing my correct address, the branch insisted that it did not appear on any Lloyds system. It's impossible. As each day rolls by it's only going to get worse.

[thelooney]

Hello Redfaze

My last reply was to Nevos.

On the subject of writing to Lloyds I hope you can see my reticence in doing so. I have written countless letters over the last 12 months, all sent recorded delivery and received by them, and they always do the same. Either they choose to ignore them or they apply fuzzy logic, replying in such a manner as to make no sense at all.

The reason I'm going down the route of threatening court action is because they fail to respond. I've followed guidance from this site that indicated that this is the best way to procede. My frustration comes about because I've done everything properly. The correct letters sent, at the correct intervals, as the templates suggest. The reality is though that these organisations can, if they want, just ignore you. No amount of threatening action by me will change a thing. I don't doubt that many members of this forum board have been fortunate. Unfortunately I seem to be in the minority.

For what it's worth I will try writing to this Penny Berryman.

Thanks anyway.

Don't mean to sound harsh it's just that I've now reached snapping point.

[Redfaze]

I wrote directly to Penny Berryman when i first made the SAR and the statements duly arrived by post around 30 days later. I would send your request by special delivery stating that you have already paid (i presume you have) the fee and have yet to receive the information, it is up to you whether to issue the 7 day ultimatum or give them the 40 days. The Information Commisioner and the court would probably need to be satisfied that you had requested information from the Data Controller directly.

 

Hope this helps!

[thelooney]

Hello Redfaze

 

Yes I did do it all correctly, paid the statutory fee etc.

The 40 days expired on April 23rd hence my further letters.

I have just penned a letter to Penny. We'll see what happens.

[nevos]

Hi, maybe you should file a complaint at the ICO

 

I think they will get a £400 fine for starters.