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    • In March 2016 I took out a boiler from a shade greener on a conditional sale for 10 years was approximately £40 per month for 10 years which sounded a bit expensive but they advised that all parts and labour would be covered over that 10 years and an annual safety check which sounded great as it took away the worries of the boiler breaking down and replacing with expensive parts plus they said they would power flush it so I went ahead And also they had a call out of a maximum of waiting 24 hours. The whole installation and power flush took approx 4.5 hours. I didn’t have any problems until 23 months later when the hot water was playing up and I was told when I rung that if it was debris in my boiler that the visit would be chargeable. I advised none of this was mentioned when I took the agreement but they was insistent as it happened I was due a service within a couple of days so they did the visit and said it was debris and they cleaned the heat exchange plate as a gesture of goodwill. Approx 6 months later started having intermittent problems with hot water so I called again and was told by an advisor over the phone that it was my heat exchange plate which was blocked due to debris and I would be charged, I asked the advisor if he was a gas safety registered engineer and he said he wasn’t so I asked how he could be making such technical diagnosis’s over the telephone and I asked why the boiler would be blocked with debris when a power flush is supposed to last 5-6 years, I also asked if they cleaned the filter on a boiler service which they said they didn’t and they didn’t have to. I got my own gas engineer to check and it was a different fault and rang back and they sent someone out. I made a complaint to asg and i posted on social media about the disgraceful way I was spoken to on the phone and their service in general only to be sent a letter threatening libel on me and I had two days to sign a letter promising I wouldn’t post anymore on such platforms. Hence i didn’t sign and the Facebook group was changed to private however within 24 hours staff members of asg tried to infiltrate the group and when I raised this with asg they banned me from using the 24 hour call out facility and would only allow me to communicate by recorded delivery as I’d been abusive and threatening to staff which they apparently had proof of to provide to the courts if necessary. I did a sars request to asg to request said copper of emails and call recordings to which they couldn’t supply so I made a complaint to the information commissioners office who in turn raised this with asg who admitted they infact did not have these (because it never happened). Also it transpired that my boiler wasn’t fitted to gas safe regulations/building regs/manufacturers instructions to which asg denied (the flue was discharging into next doors garden) to which asg sent their head engineer round who got my tenant to sign documents (with my name in the boxes) to say their was no issue with the flue even though this had been raised several time’s. I also found out there was a charge registered against my property which prevented me from remortgaging even onto a better rate that was never mentioned when I signed up. I took these issues to the financial ombudsman who looked at the case and in the meantime I got gas safe to inspect the boiler who confirmed it wasn’t legally compliant after my solicitor checked the boundaries of the property so the ombudsman ruled in my favour that they should wind down the credit agreement, remove the boiler and pay me £400 compensation as asg had many opportunities to rectify the issues and chose not to, they also didn’t believe that the boiler flush was done to a correct standard as after researching it should take 2 days to fit a boiler and do a complete power flush. I have never dealt with a company like a shade greener in my life and sincerely hope that telling my story that no one falls foul to these again.
    • Thank you dx100uk   I know I dropped the ball on this one and there’s no excuses for it. I should of done my research well before now and not leave all this to the last minute.    I’ll try and get on the website but if I can’t I’ll email this defense over today and keep this form updated.    Once again thank you all for helping me   Andrew
    • Do you live on your own?
    • Okay thanks it is a difficult one.
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phatram

Microfiche

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

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


PPMAN159

 

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Already have, but its not getting any response.

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

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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.

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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.


11/08/06 Data Protection Act Letters to Barclays, Barclaycard and HSBC

Statements received from HSBC (without any £10 fee)

Microfiche nonsense from Barclaycard

13/09/06 First letter to HSBC for £260 + £54 interest

Statements (printout from microfiche) from Barclays

25/09/06 Refusal from HSBC

29/09/06 LBA sent to HSBC

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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.


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I suceeded in getting all my statements from Northern Bank going back to 1987. They told the ICO they were on microfiche and that they wouldnt supply them because it would take disproportionate effort to comply with my SAR.

 

The ICO told them they most certainly would supply them or face prosecution.

 

I recieved my statements 10 days later.

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Fantastic letter it should be in the temlates library or at least a sticky

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Fantastic letter it should be in the temlates library or at least a sticky

 

Hear !!! hear !!


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