Phil and Alison v The Co-op ***WON***

[phatram]

Does anyone know if the CO-OP stores info on microfiche?

This is very important, 'cos the ICO is investigating the Coop on my behalf, as they have taken 9 months to comply with my SAR and still its incomplete.

[phatram]

Does anyone know if the CO-OP stores info on microfiche?

[phatram]

bump

[PPMAN159]

Suggest that you repost this thread in the CO-OP section.

[phatram]

Already have, but its not getting any response.

[phatram]

Surely there is a Co-op worker on here who knows??

[Parkvale]

phatram,

Is the loan with the Co-op ? I f not the you might have problems proving what you are trying to achieve. Good luck.

[phatram]

Its with the Co-op.

[Parkvale]

Good then you have an easier case to prove. Good luck.

[phatram]

bump

[phatram]

Information Commissioner's Office

Promoting public access to official information and protecting your personal information

 

 

4th July 2007 Reference XXXXXXX

Dear Mr XXXXXXXX

Thank you for your correspondence regarding The Cooperative Bank.

I understand that in response to your request for a complete list of transactions and charges relating to your banking history Co-Op has informed you that you that they are able to provide any statements older than 6 years on your account for £5 per copy.

However in further telephone conversations with Co-Op they have advised that this information is inaccurate and that all information is only held for 6 years and they are unable to obtain any statements prior to this date.

I also note that your wife was provided with 7 years worth of statements.

With this in mind the decision has now been taken to refer this case to our Regulatory Action Division for further investigation.

You will be contacted by on of our Remedies Officers in due course. Yours sincerely

 

Laura Hennessy

Casework and Advice Officer

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF t: 01625 545700 f: 01625 524510 e: [email protected] w: ico.gov.uk

[phatram]

bump

[phatram]

bump

[phatram]

bump

[phatram]

Does anyone know if the CO-OP stores info on microfiche?

This is very important, 'cos the Information Commissioners Office is investigating the Co-Op on my behalf, as they have taken 9 months to comply with my S.A.R - (Subject Access Request) and still its incomplete.

[stephen81]

Does anyone know if the CO-OP stores info on microfiche?

This is very important, 'cos the Information Commissioners Office is investigating the Co-Op on my behalf, as they have taken 9 months to comply with my S.A.R - (Subject Access Request) and still its incomplete.

 

Why does it matter if they store info on microfiche? Barclaycard and Abbey were using that argument a year ago. The ICO investigated and decided it was still a structured filing system and therefore they still had to provide the information for a subject access request.

[katscash]

sorry i be reporting them soon got 18 days to give me pre 6yrs statments:mad: if i here any thing before you i will inform you:)

[thesergeant]

All of the banks hold data beyond the 6 year period. They are very reluctant to reveal any of it. I am battling with Lloyds at the moment. They even had the front to state that

"If you require statements to claim back bank charges, I am afraid this would not be possible as banks are only required to consider the last 6 year period."

 

I have sent them this reply

 

LETTER BEFORE ACTION – Final notification

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

You have failed to comply with my Data Protection Act Subject Access Request dated 8th April 2007.

 

I am in receipt of your letter dated 20 July 2007 marked as being from Adrian Morris. I am quite frankly shocked by the deliberate misinformation contained within this letter. The content of this letter is a wholly unacceptable response.

I am not aware of there being any time limit to the information to be disclosed upon receipt of a Subject Access Request. If you hold information you are required to disclose it, if you do not hold any data as requested you are required to state that. You have done neither. You state that banks are only required to consider the last 6 year period. This is a deliberate inaccuracy, as no doubt you are aware. I make the following observations in regards to the The Limitation Act 1980, which of course only applies to an actual claim not to Subject Access Requests:-

The period of limitation should start from the date of the initial demand for repayment of the proposed unlawful penalty charges, this runs from the date of my preliminary request for your repayment of unlawful charges applied to my account. I have not of course made any such preliminary claim as yet. This is based upon Joachimson v Swiss Bank Corporation [1921] 3 KB 110, where In his judgement Atkin LJ pointed out:-

‘The practical bearing of this decision [as to the necessity for a demand] is on the question of the Statute of Limitations … The result of this decision will be that for the future bankers may have to face legal claims for balances on accounts that have remained dormant for more than six years.’

 

Alternatively at the time that you debited unlawful penalty charges from my account, I was under the mistaken belief that you were entitled under English Law to take that money.

If I had known that the charges were penalties under English Law I would not have paid those charges. In fact I made a mistake in paying those charges believing that you applied those charges in accordance with common and statue law, therefore section 32 © applies and the period of limitation does not begin until the time when I discovered this mistake, that being April 2006, the date of the OFT report into Credit Card Charges.

 

You have received a Subject Access Request from me and have accepted the £10.00 fee. You should carefully consider the following:-

• You have not complied with your responsibilities under the Data Protection Act.
  
• You have failed to disclose any data to me, be it statements printed from electronic data, archived microfiche files or any other structured filing system format you may variably use.
  
• Your letter dated 20 July 2007 states that in the case of statements to claim back bank charges you refuse to supply any data held in excess of your arbitrary 6 year period. This amounts to a deliberate and unlawful failure to disclose on your behalf.

If you do not hold any data what so ever in regards to my above stated account, I require you to state so in writing and return my £10.00 forthwith.

To clarify:-

• You have not provided a complete list of transactions and charges, or indeed any record of transactions and charges at all, nor have you stated that you do not hold any such data.
  
• You have provided no notes, or documents relating to the running of my account or any legal action between you and myself, nor have you stated that you do not hold any such data.
  You have provided no notes or documents relating to instances of manual intervention nor have you stated that you do not hold any such data.
  
• You have provided no information regarding my account held with yourself what so ever, such as copies of Consumer Credit Act agreements, account opening applications, overdraft/loan applications or agreements, nor database entries (or archived copies of) concerning such records, nor have you stated that you do not hold any such data.

This is not an exhaustive list of the data I have previously required you to disclose, it is just an example of some of the data you have not provided to me.

 

I am frankly shocked at Lloyds TSB apparent dishonesty in this regard. A matter that I will refer to the OFT Regulatory Section, Consumer Credit Licensing regarding your fitness to hold a Consumer Credit Licence.

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice. Secondly I will make a formal complaint to the Information Commissioner’s Office.

[phatram]

Heard anything yet ?

[katscash]

hi phatram recieved my statments going back to august 2000 when i opened my account wow really suprised sent two threatening letters then recieved them al:ol how r u going with yours? do you think i should make two claim or just one? as its over 6 yrs:wink:

[phatram]

Go for it.

[phatram]

Has anyone been successful in getting Wasted Costs in Derby? Or against the Co-op bank ?

Any info would be most helpful.

Thanks

[syds mum]

Hi phatram i am about to start a wasted costs order for derby just compiling list will keep you informed...

 

debbie xxx

[phatram]

Did your case get to court?

See here,

http://www.consumeractiongroup.co.uk/forum/cooperative-bank/110469-wasted-costs.html

[PKea]

Have a read of my experince with wasted costs.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94734-wasted-costs-beginning.html#post872860

 

 

How was your claim settled?

 

Have you notifed the courts that it has been settled?

 

Have you made a formal or informal request for costs?

 

Hope this helps.

 

PKea