!!!SAR breach- did it happen you you!!!!!!!!!!

[kennythecelt]

HBOS have used many tactics to delay submission and preparation of claims for bank charges and may not have provided details of all other accounts you may have had with them. You may also have found it impossible to get copies of consumer credit agreements, insurance related policies, loans and mortgages etc.

 

This means that HBOS may potentially have breached their obligations to you under the Data Protection Act. Additionally, it may have meant that you could possibly not prepare and submit a bank recharge claim which are deemed unlawful. Or, you may unfortunately have been working in the dark and depending on HBOS to total up charges for you. Either way, they may have breached the law.

 

Additionally, HBOS have also used the tactic of saying they would only provide 6 years of statements. You should have received statements for your full banking history. Possibly as far back as 1992, if you had an account then. A full banking history is just that and not what HBOS wants to give you, so that they can limit the potentential size of your recharge claim.

 

With the advent of the OFT test case, my suggestion is that if this has happened to you, that you complain to the Information Commissioners Office. Everyone that has experienced this is encouraged to do so.

 

It is hoped that your complaint will then be part of statistical evidence during the OFT case.

 

Link for Information Commissioners Office follows

 

http://www.ico.gov.uk/complaints.aspx

 

Make sure you complain now.

Please post here once you have submitted a complaint to ICO.

[TECHSPEC]

I complained to the Information Commissioner and then the FOS about Lloyds TSB, and i still do not have my statements requested 5 MONTHS ago.

 

They are useless, and in the banks pockets.

[kennythecelt]

I complained to the Information Commissioner and then the FOS about Lloyds TSB, and i still do not have my statements requested 5 MONTHS ago.

 

They are useless, and in the banks pockets.

 

Yes, it happened to me and your thoughts are something I relate to.

However, they require to report on the number and type of complaints received.

This type of disclosure information by all the agencies, ie FOS, ICO, OFT and FSA on bank charge related failures could potentially be used by someone during the OFT case. It might, might, be something that could help.

[stonedecroze]

Happened to me also Kenny, Took 103 days to get statements although I did receive a list of charges after 76 days. About same time as ICO wrote to them., and another 18 days later, I informed both Halifax and ICO about this and still have not received some of info I requested. ie, original T & C and copies of all letters sent to me.

[kennythecelt]

Your right stone.

 

We should not let them get away with it. A full banking history is just that. Banks tactics include briefing call centre staff to state that either that is all they keep, or all we are entitled to as they won't pay back more than 6 years. That is wrong on all counts!!

[TECHSPEC]

I reported the breach of the data protections act to the FOS in June.

 

I rang them the other day, and they said that they have not had time to look at it.

 

3 MONTHS AWAITING BARCLAYS, 1 MONTH THE INFORMATION COMMISSIONER, AND NOW THE FOS HAVE SAT ON IT FOR 2 MONTHS. AAARRRHHHH!!!! I JUST WANT MY STATEMENTS!!!!

 

I was awaiting the FOS outcome, then going to court, but i think i might just take them to court now. Most people are asking for £200 + their statements, and the banks are settling before court.

[Gazza01]

Hi,

 

Interesting, methinks that the tactics of all those involved in the OFT court case will come under the spot light if we point it out, like my favourite Building Society Twaddle-dumb otherwise known as Nationwide.

 

I'll be doing just this if they try and play anymore games with me.

 

Laters

 

Gazza01

 

Twaddle-Dumb Quote Nov 06 "We've cleaned out your account for the week by taking £190 in charges? That's your problem"

[noomill060]

If your bank has not complied with your SAR, you can start legal action to force them to do so. the template letters and POC is in the CAG library.

 

Go for it- you can claim damages for all time their muppetry has cost you.

 

Ive done this twice.

[noomill060]

Not only have I done this twice, I am in the middle of two more actions for the same thing with Northern Bank and NCO (Europe) Ltd. (A dodgy debt collection agency which I intend nailing to the floor for harrassment, but not until after Ive caused them maximum pain for failing to comply with my SAR.)

[tifo]

i complained to the Information Commissioners Office in Feb, they sent a letter in March saying its awaiting allocation and yet i am still waiting!

 

On calling them all i am told is to wait your turn, its awaiting allocation!

 

I would have passed them many more complaints as not one of my DCA's have complied with anything i've sent them, no CCA s.77/s78, no Data Protection Act s.10/s.12, and no removal of defaults, but i have zero confidence in the Information Commissioners Office and think its a waste of time.

 

All i get from DCA's is threatening letters about court action.

[MacBoy]

I have written again this week to the Information Commissioners Office, as Halifax Plc have failed to respond to their initial complaint, which was made 17th July Their 28 days to respond to this is up - and they are now 100 days out of compliance with my original S.A.R - (Subject Access Request), made 30th March.

 

I await the outcome.

[kennythecelt]

Not only have I done this twice, I am in the middle of two more actions for the same thing with Northern Bank and NCO (Europe) Ltd. (A dodgy debt collection agency which I intend nailing to the floor for harrassment, but not until after Ive caused them maximum pain for failing to comply with my S.A.R - (Subject Access Request).)

 

Thanks for that advice. I am going to read through your thread and I will be in contact.

 

Appreciated!!

[MacBoy]

i have zero confidence in the Information Commissioners Office and think its a waste of time.

I don't think the Information Commissioners Office is a waste of time, but they are swamped at the minute. However, February seems like a heck of a log time to wait for progress :o

 

Have you considered writing to your MP to see if they might intervene?

[MacBoy]

noomill060

 

I am in the middle of two more actions for the same thing with Northern Bank and NCO (Europe) Ltd. (A dodgy debt collection agency which I intend nailing to the floor for harrassment,

 

Some of these 'dodgy debt collection agencies' are in fact complete inventions, with fictitious logos, fake company names and non-existent employees. Many of the letters we receive from these organisations are in actual fact from the principals themselves, passing themselves off as DCAs.

 

I think this is a practice that could bear further investigation. At the very least it is misleading.

[tifo]

Have you considered writing to your MP to see if they might intervene?

 

I might do that, but first how do i complain about the ICO to someone?

 

Yet, the DCA i complained about merrily continues to default me with no legal right and never had any in the first place.

 

(By the way, this is from my Lowell - 5 defaults thread i have, yes, 5 defaults and not a peek out if the ICO!).

[MacBoy]

tifo

 

I meant asking your MP to intervene on your behalf to the Commissioner. The Information Commissioners Office itself also has its own complaints procedure.

[tifo]

thanks.

 

i see if they fail to handle my complaint properly i will have to take it through my MP.

[MacBoy]

Well looking at the PDF I would say that you can complain to your MP straight away, using the link I gave and complain internally to the ICO. Then, if all else fails, complain to the Parliamentary and Health Service Ombudsman and ultimately appeal to the Information Tribunal.

 

You appear to have plenty of options open to you. Good luck!

[grant123]

Hi Kenny

 

I've complained to the ICO about Howard and his mates, I complained really to get a bit more evidence of their delaying tactics for when I go to

court.

 

I have a received a reply from the ICO, which basically says that they are aware of the problems the banks are having responding within the forty time period.

 

They also said in their letter they would contact HBOS with the details of my complaint.

 

When I sent my compliant, I inlcuded my proof of delivery slips, which seems to have made a difference.

 

Cheers