Mr Rhodes -v- HBOS plc

[Mr Rhodes]

Hello All,

 

I sent in my request for copy bank statements on 14/05/07, before finding this site. Anyway I believe this is a SAR giving the 40 day time limit.

 

I got a reply dated 04/06/07 saying received my request and I should receive a response no later than 40 days "from when we received your original request".

 

It is now 47 days and I have heard nothing more.

 

It seems my options are to:

1. Write to Information Commissioner and complain
   
2. Write to HBOS and advise them they are already out of time

It would appear without my copy bank statements I can not request my money back?

 

I will keep reading and see what the best course of action is but any pointers and advice most welcome.

 

Thanks in advance.

[Rooster-UK]

Hi Mr Rhodes.

 

The banks are absolutely swamped with SARs requests.

You need to write to them and point out that they have not comlied with your SARs. Click on the following link.......

 

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

 

There are a number of options here depending on circumstances. Pick the letter that is the most suitable for your claim. Add your details and send it off to the bank.

If that does not elicit a favourable response then send a written complaint to the Information Commissioner's Office.

 

Regards, Rooster.

[kennythecelt]

Hello again and welcome. That was quick!!

 

Reading is a good method. Most points will be found answered in threads on this forum.

 

Statements are a real problem just now, so that affects things. Did you ask for a full banking history as that, so they say, takes 40 days (not that it should). Statements, they say, take 7- 10 days dependent on who tells you.

 

You sent the £10 cheque? Thats important as some people don't send it as they have "heard" they can get it free of charge. However, the fee is reclaimable anyway as part of the process.

 

You will soon pick up on which threads to read through. Ask any questions as you need to!

[Mr Rhodes]

Hi Rooster UK,

 

Thanks for the link I will go through that and send the best template letter.

 

Perhaps these institutions should be employing more staff and fund it from their huge and ever increasing profits?

 

I appreciate your help.

[Mr Rhodes]

Hi kennythecelt,

 

I requested a comprehensive list of all default charges for DD's SO's and unauthorised overdrafts over the last six years adding if they were unable to provide this data I will accept copy statements going back 6 years.

 

Yes I sent the £10 cheque drawn on the same account and it has cleared.

 

Cheeky bankers took the cheque but did not send the info I have paid for and that the Data Protection Act requires them to issue.

 

Anyway slowly slowly catch the monkey:)

 

Thanks for your help and advice.

[Mr Rhodes]

Buenas Tardez,

 

I have followed up on the previous posts - thanks for your help and guidance.

 

I have drafted a LETTER BEFORE ACTION Section 7 – Data Protection Act 1998 (template 3) to gee them up on getting the bank statements to me.

 

I have a claim against HSBC running as well (I have Bank Statements for that account) so that will help me.

 

The letter go out on Monday 02/07/07 which gives them until Monday 09/07/07. I wonder what happens next?

 

Thanks for your help. I will keep posting!

[Dusary]

The letter go out on Monday 02/07/07 which gives them until Monday 09/07/07. I wonder what happens next?

 

Thanks for your help. I will keep posting!

 

It's VERY unlikely you will hear anything!

 

Go straight to the Information Commissioner's Office

 

How to access information - Information Commissioner's Office (Information Commissioners Office)

 

I did, as you'll see from my thread (:o the bits that haven't been hi-jacked, that is! :o )

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/81108-dusary-bank-scotland-16.html?highlight=dusary+v+hbos

 

 

Here is the Information Commissioner's Office reply to me:

 

Information Commissioners Office: My entries

 

Information Commissioners Office: My entries

 

 

Enjoy your reading around.

 

Any questions, then just bellow!

[Mr Rhodes]

Hello Dusary,

 

Thanks for the advance warning and the links which I will follow up on.

 

Its good to be in the driving seat and too be able to see what's coming up around the bend.

 

I will probably take up your offer to bellow at some stage.

 

Cheers:)

[Dusary]

It's totally up to you, of course . . . . I wouldn't want to foster in you thoughts of revenge. After all, the bank has been terribly kind to you over the years, hasn't it?

 

And they were good guys and replied to your SAR straight away, didn't they?

 

LOL!

 

The trouble with my being in the driving seat is that I seem to be driving along some Australian highway and nothing happens for ages! And Ages! AND AGES!

 

Keep going - and let us know HOW it's going!

[kennythecelt]

Keep gpong Mr Rhodes.

 

Where are you from?

[Mr Rhodes]

Hi All,

 

I'm in Manchester and it's p*ssing down again as per usual. Why am I in Manchester?????

 

Yep I have started so I'll finish.

 

I have also had a word with my Mum who just ahd an offer from HBOS to settle and I have advised her about this sight and that she is also entitled to interest in relation to the charges. I have agreed to look at it for her and give her the figure before she accepts the offer made.

 

Muchas gracias I 'll keep posting

[kennythecelt]

Make sure your mum does not accept a partial offer and get her on here to the relevant bank forum.

There are difference in every case and it is easier for everyone, and you, to keep a track of what is happening to individual cases.

 

Hope the rain passes quickly, the sun will follow soon and shine on the lovely City of Manchester.

 

Adios Amigo!! Adios!!!(learnt that from Manuel!!!!)

[kennythecelt]

ps thanx for click!! Once your mum registers, you will get one in return!!

[Dusary]

"Why Manchester?"

 

It was just that if you were domiciled in Scotland you might get waylaid by all the Scottish Stuff re: The Legal System.

 

But you're not - so it should be plain sailing for you!

[Mr Rhodes]

UPDATE! UPDATE! UPDATE! UPDATE!

 

I have the bank statements at long last, I received them last week but have just opened them. They have sent two lots of bank statements for the same six year period. A bit like a bus!!!!

 

My 1st request was back at the beginning of May and they have set them for August backwards so I am in effect missing 3 months of statements. I smell a rat or could I be getting paranoid and it is just incompetence?

 

I will now use the calculator spreadsheet to add the the total charges and apply the interest element.

 

Oh yeah I nearly forgot, they sent me a letter about 5 weeks ago saying the charges were approx £1K. It will be interesting to see how accurate that letter was.

 

More to follow...

[stonedecroze]

Hi Mr Rhodes,

Did you complain to Information Commissioners Office, they are very helpfull and will push for other statements if you ask them to they respond very fast to Emails and telephone calls I have found.

[Mr Rhodes]

£988 in charges and £295 in interest on penalties. I assume the interest on penalties accumulates and accrues interest. Very good spreadsheet so thanks to the author.

[sea-sidelady]

If they have missed any statements, you will need to send them the non compliance letter..

 

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

 

Also print off a couple of spread sheets with out any interest as you need to send these with your prelim letter and lba letter.

[Mr Rhodes]

Hello to All,

 

Just revisiting this after a long spell of major problems which meant I could not proceed. I will be looking at the site and posts to get up to date with the current state of affairs.

 

In the meantime HBOS have been charging me regular fees on my account, which is seriously annoying.

 

They have also just given me 2 weeks notice on my overdraft:mad:

 

Anyone give me a brief overview on what is happening at present?

 

TIA

[sea-sidelady]

There is not a great deal to update on. Here is the link to the forum with oft updates. It will bring you right up to date.

 

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/

 

As for all you newer charges, you just need to add them on to your updated spread sheets.