Ticktock v's Lloyds - serious legal advice required

[tomterm8]

So they should not have charged me £10 per account for bank charges?

 

Does this also apply to the phonecall transcripts?

 

Thanks.

 

You are entitled to ALL data held on you for the price of £10. This includes everything, with only a few restrictions (mainly, national security, criminal incrimination, and police investigations )

[tomterm8]

I read somewhere that they can legally request £10 per individual request?

 

If this is not true, then I will request all transcripts for £10, but don't want to waste time on something which they are not bound by law to do, as they just will not bother.

 

It is £10 for each request, but not £10 for each transcript or bank account; it is £10 for all data held on you if you chose to ask for all data held on you.

 

A request is a single letter, specifying what data you want, or alternatively specifying ALL data held on yourself.

[tomterm8]

Please read http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

quote]

 

Although I don't know for certain, I am pretty sure they will use the following quote from that document as a 'get out clause' in having to supply all of the telephone conversation transcripts for only a single £10 fee:

 

The data controller has an obligation to provide the information in permanent form. This means that the information may be sent as a computer print out, in a letter or on a form unless the supply of such a copy is not possible, would involve disproportionate effort, or you agree otherwise.

 

mate, people regularly get sent transcripts of telephone conversations... most people agree to accept the actual recordings, if the creditor/dca wants to do that.

 

Most people, however, find that mysteriously, the creditor / DCA doesn't record telephone calls and so no data is held.

 

This is quite useful in court cases, because it tends to swing the balance of proof in your favour.

[tomterm8]

 

 

I'm not saying they don't have them, I'm saying that I think I will have to pay £200+ to get them, not the £10 that has been suggested here.

 

They are lying. Can i put it more bluntly than that? Nope. The data protection act 1998 sets the charge for a S.A.R. at £10. A S.A.R. covers all data held by an organisation, with few exceptions.

 

You should complain to the information commissioner.

[tomterm8]

( MODERATORS: please note, I've altered this letter for the specific needs of the poster. It is not a copy of the template letter. Please don't delete it:) )

 

 

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

 

Please supply me ALL DATA you hold on me, including a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

Further, I require a transcript or electronic recording in a readable format( including windows XP readable format OR a cassete tape OR a music DVD) of any recorded telephone conversation between us.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

Please note, failure to comply on time will result in a complaint to the statutory authorities.

 

Yours faithfully,

 

 

[signature]

 

 

[name]

 

.

[tomterm8]

Will banks take a complaint to the 'Information Commissioner' seriously?

 

Doesn't matter; it's the first step in the process of taking them to court. P.S. send the letter special delivery.

[tomterm8]

Then, ignore the letter, and complain immediatly, Information Commissioner's Office - ICO .

 

Also send this letter, special delivery.

 

 

 

 

Notice Before Civil Action

 

Pursuant to s.7 of The Data Protection Act 1998.

 

 

 

 

 

 

Re: account no. XXXXXXXXX

Account holder. XXXXXXXXX

Address. XXXXXXXXXXXXXXXXXXXXXXXXX

 

Whereas I have been a customer of XXXXXXX Bank since XXXYEARXXX and whereas I requested on DATE, under section 7 of the data protection act 1998 relevant personal data, and paid to you the statutory fee of £10 and

 

Whereas you acknowledged service of this letter after the statutory period for the delivery of this data had passed, and further promised that you would supply this data within a period of 3 weeks and,

 

Whereas you have now been in default of this subject access request for a period of XXX Days.

 

Therefore Take Notice that I require that you to provide the data requested in the attached copy of the subject access request within a period of 21 days, or I shall start proceedings against you in connection with this default under s7 of the act.

 

This Notice is given on the grounds that failure to provide this data within the prescribed period is causing me substantial damage and harm, preventing me issuing a notice under section 10 of the data protection act 1998 to correct data held, and issuing legal action against your company with regard to unlawful bank charges.

 

Signed

 

 

 

 

date

[tomterm8]

It is for my ex-wife that I am trying to do this, and she is overdrawn to probably 3 times what she is owed.

 

You should be a bit careful, then, since the banks often end overdrafts on a pretext, if you reclaim charges.

[tomterm8]

I think you should be in this sub-forum. http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/

 

Post your problems there, and I guarantee you'll get some good answers ( starting with solving the telephone harassment problems:) )

[tomterm8]

Thanks, but she is not getting harassed to 'pay up or xxx will happen'.

 

It's just the Lloyds collection department ringing up keeping on saying that the agreed payments haven't been made, when they have - I have the standing orders to prove it!

 

'Debt collectors' haven't been suggested by Lloyds - unless you include Lloyds Collection Dept. in all of that?

 

Would you still suggest I post this in that forum?

 

Yes, or the general debt forum.

 

By "Agreed Payments" btw, debt collectors often mean the payments agreed in the original credit agreement; NOT the fact you've missed paying money under a DMP.