Rockinrodders V BOS - No response to SAR or LBA

[rockinrodders]

Hi, I sent a SAR request with tenner and also a S.10 data protection notice off with £1 for a copy of the credit agreement and default notice to BOS on 16th April - didnt know my account number as the account closed in September 2001 but supplied all addresses and dates for the last 10 years and all the references of the account that I could find from Equifax and Experian.

 

No reponse whatsoever after 40 days so rang and was told they couldn't locate an account for me and that they didnt receive my requests (I have POD from royal mail signed for on 17th April). They said as far as they were concerned I never had an account with them at any of my addresses.

 

As the account was now unsubstantiated, I contacted Equifax and asked them to remove the data as BOS admitted I didn't have an account with them. I filed the dispute online and within 3 days had a reply from equifax. BOS had already replied to the dispute and confirmed to Equifax that the information and default were correct. In the notes they actually entered the account number.

 

When I called BOS and gave them the account number they could now locate the account. They couldn't before because it was being handled by their collections division. I said 'thats not my fault, I still need all the details today and you to stop processing my data unless you can substatiate it with a credit agreement'

 

I sent them the non-compliance LBA letter and the 14 days have now expired.

 

I complained to the ICO and FOS more than 2 weeks ago and have not had a response from either.

 

Is the next step Court? Has anybody seen a good POC for non-compliance with SAR request and also to demand they cease processing unless they can verify the data?

[Dusary]

Funny that - as you'll see from my thread (last page)

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/81108-dusary-bank-scotland.html?highlight=dusary+v+hbos

 

I discovered (after a long phone call) that I had, in fact, had 5 accounts with HBOS.

 

Nor have I received a reply from the Information Commissioner's Office to my initial complaint and the submission of further material. (Guess they must be kinda' busy!)

 

I'm thinking of phoning the Information Commissioner if nothing arrives from them tomorrow.

 

I am sure that for you the next stage is Court.

 

This might help:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

For POC this might be a start:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

Good luck - it's your money.

 

Keep us posted!

[rockinrodders]

The cheeky twits sent me a letter today saying they couldnt locate my account and returned my SAR letter. They saids they wouldnt be charging me the £10 and that i should write a new SAR and include my account number or all previous addresses. Liars banked my cheque in April anyway!

 

This is an abuse of process to wait over 2 months and then say they can't find details

 

The FOS and ICO havent written back depsite me complaining to both a couple of weeks ago.

 

I am going to send BOS a prelim reclaim based on 2 charges a month (late fee and overlimit fee) since the opening of the account in 1998 and add on contractual interest at the rate advertised on their website.

 

If it comes to court, they need to prove my wrong by supplying the actual charges surely? Although my calculation won't be bad as I was getting charged both fees every month and my credit report shows the account as being 1-2-3 months late

 

Does anybody know what the standard fee for Bank of Scotland mastercard was?

[Dusary]

The FOS and Information Commissioners Office havent written back depsite me complaining to both a couple of weeks ago.

 

It's taking about a fortnight for the Information Commissioners Office's office to respond.

 

I just phoned them - and they gave me my reference number - even though I have had no correspondence from them, yet.

 

They are a tad busy!!!!!

 

As you'd guess!

 

 

 

By the way, which country are you claiming FROM?

 

Scotland or England?

[rockinrodders]

I'm claiming in England, wrote letter to the scottish offices though

 

I'll file claims against main HBOS office in Halifax

[Dusary]

That's ok!

 

Carry on!

[rockinrodders]

Hi, Does anybody know how much the BOS default charge for credit card overlimit and late payment etc was before they reduced it to £12??

[Dusary]

*bumped*

[kennythecelt]

Hi, Does anybody know how much the BOS default charge for credit card overlimit and late payment etc was before they reduced it to £12??

 

 

Sorry I don't know but perhaps bumped will help!!

[rockinrodders]

HI did estimate for prelim based on £20 as nobody would tell me how much they charge for a normal penalty fee. I'd like to get this right for the LBA. Does anybody know how much BOS charge for a normal overlimit/late payment fee prior to the OFT reducing it to £12?

 

Any help is much appreciated.

[Dusary]

I didn't know that they HAD reduced it!

 

Not looking at my statements, they haven't!

 

It's £30 for a normal BOS o/d fee.

£39 for a cancelled or Failed Direct debit one.

 

In 2001 it was:

£20 for O/D

£30 for returned cheque

[rockinrodders]

Sorry forgot to say its actually a BOS mastercard and not bank account

[Dusary]

Okey Dokey!

[rockinrodders]

got a letter from them today saying that they were sending statements shortly as they had been asked to by the ICO.

 

About time, but still long long overdue

[Dusary]

HA! HA! to them!

[jontah 2006]

for cc LTSB VISA , late charges =£20admin charges =£15there is another charge called, 'transaction + charges;= varying amount, even when the acct has been closed several years, that one still gets charged for!!

[rockinrodders]

Got a letter denying charges when I sent Prelim, got another one after the LBA offering £115 partial to be paid to my account only.

 

Yeah right, the accounts been closed since 2001!

 

That'll be a no then!

[sea-sidelady]

You should send the rejection letter accepting it as a cheque payment.

[rockinrodders]

Got a letter offering full charges, no interest and the form this time says to be paid by cheque so I'll take that and underline the cheque.

 

Funny how I rejected the £115 but said Iwould have took it if it was cheque, but they now offered 3 times as much by cheque.

 

shame they didnt bother reading the letter or they could have saved some money!

[moneyhelp]

Well done for sticking to your guns - enjoy YOUR money

[overflow]

HI Rockinrodders

 

Nice to see you stood your ground and didnt give in to them.

 

Hope you gwet your cheque sooner rather than later.

Go have a good time , enjoy .

 

Regards

[sea-sidelady]

Let us know when you recieve it, and make sure your happy with the settlement.