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Lloyds TSB credit card DSAR

Hi there guys.

Great website. I've been using it to go through the lengthy process of finding out and reclaiming my charges that were made to my Lloyds TSB credit card in 2008.
Basically I used the card very rarely but rather stupidly didn't even bother figuring out how it worked. I thought it would be handy to have, it was my first credit card and (I know now I'm an idiot) I didn't pay off my balance after a couple uses, and went without a UK address from May to September 2008. I came back after the summer with a new address and I found that my October statement put me in debt about £600, way over my limit, and deep into my pocket.

So i've been trying to fill in the black hole of the summer in the hopes of reclaiming the charges. I sent the following letter to LLoyds Tsb Dsar unit

Dear Sir or Madam,

Credit card number XXXX
Account number XXXX
Sort Code XXXX

I am writing to request a fully comprehensive list of all the default charges for late payments or going over my credit limit that I have paid on the above credit card account over the last six years.

Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statments on their own are not vcovered by the Data Protection Act 1998, yet I'm not requesting the statements per se, but the charges, which I'm entitled to by law.

If you store any of the older records on micofiche, please be aware the the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

I look forward to your response within 40 days, as Lloyds TSB Bank PLC is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

Yours Faithfully


Daniel XXXX







They responded quickly with 50 printed pages of my current account statement, not a single credit card statement. They haven't cashed the cheque so far. Here's their reply:



Thank you for your request for information under the Data Protection Act. I have enclosed the copy stateents that you asked for.

Details of when records have been deleted or disposed of do not constitute personal data and we are not obliged to keep a record of this. All paperwork that contains personal or financial data is disposed of in a secure manner.

If you need full Data Subject Access Request DSAR information, please write to us at...







I honestly don't even understand their sentence. Are they saying they're not obliged to keep details of when records have been deleted or disposed of?? Anyway, aren't they obliged to keep records for six years?

I'm wondering: did I phrase my letter incorrectly so they misinterpreted and only sent current account statements, or are they fobbing me off?
Should I send them another DSAR or what? I feel kind of stuck right now....

Any help would be greatly appreciated, as, like I said, I'm feeling a bit out of my league right now.

Cheers,
Daniel

Comments

  • di3004
    di3004 Posts: 42,579 Forumite
    Hi there guys.

    Great website. I've been using it to go through the lengthy process of finding out and reclaiming my charges that were made to my Lloyds TSB credit card in 2008.
    Basically I used the card very rarely but rather stupidly didn't even bother figuring out how it worked. I thought it would be handy to have, it was my first credit card and (I know now I'm an idiot) I didn't pay off my balance after a couple uses, and went without a UK address from May to September 2008. I came back after the summer with a new address and I found that my October statement put me in debt about £600, way over my limit, and deep into my pocket.

    So i've been trying to fill in the black hole of the summer in the hopes of reclaiming the charges. I sent the following letter to LLoyds Tsb Dsar unit

    Dear Sir or Madam,

    Credit card number XXXX
    Account number XXXX
    Sort Code XXXX

    I am writing to request a fully comprehensive list of all the default charges for late payments or going over my credit limit that I have paid on the above credit card account over the last six years.

    Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statments on their own are not vcovered by the Data Protection Act 1998, yet I'm not requesting the statements per se, but the charges, which I'm entitled to by law.

    If you store any of the older records on micofiche, please be aware the the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

    I look forward to your response within 40 days, as Lloyds TSB Bank PLC is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

    Yours Faithfully


    Daniel XXXX






    They responded quickly with 50 printed pages of my current account statement, not a single credit card statement. They haven't cashed the cheque so far. Here's their reply:



    Thank you for your request for information under the Data Protection Act. I have enclosed the copy stateents that you asked for.

    Details of when records have been deleted or disposed of do not constitute personal data and we are not obliged to keep a record of this. All paperwork that contains personal or financial data is disposed of in a secure manner.

    If you need full Data Subject Access Request DSAR information, please write to us at...






    I honestly don't even understand their sentence. Are they saying they're not obliged to keep details of when records have been deleted or disposed of?? Anyway, aren't they obliged to keep records for six years?

    I'm wondering: did I phrase my letter incorrectly so they misinterpreted and only sent current account statements, or are they fobbing me off?
    Should I send them another DSAR or what? I feel kind of stuck right now....

    Any help would be greatly appreciated, as, like I said, I'm feeling a bit out of my league right now.

    Cheers,
    Daniel


    Hi Daniel

    Your no idiot, so no worries there, and your dealing with this matter now.;)

    If the account has been running for the last 6 years, then if you request a SAR, your entitled to your data, they have 40 calendar days and must comply, as you know with the payment of £10 cheque or postal order payment.

    Maybe the full SAR would have been better for you, instead of just the statements, check below link for more on SAR, but if you have already made the payment, send them another SAR letter as the one below and tell them you believed you should have received all data going back the last 6 years and not just the statements and you enclose a copy of the SAR request.
    You can mention the Information Commissioners Office (ICO), tell them you will be contacting the ICO for advice on this matter.

    https://forums.moneysavingexpert.com/discussion/1475553

    LLOYDS TSB BANK PLC
    DSAR TEAM
    CUSTOMER SERVICES
    RECOVERY TEAM
    CHARLTON PLACE C57
    ANDOVER
    HAMPSHIRE
    SP10 1RE

    ICO.

    https://www.ico.gov.uk/Global/contact_us.aspx
    The one and only "Dizzy Di" :D
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