40 Days up and nothing....(merged)

tiger5000

Lloyds TSB took an age to cash my cheque. I suspected that they were waiting to see whether I'd go over my overdraft before trying to cash it. It was debited a few days before I got paid.

BoingBoing_2

I've just been told the following by GOGETIT on CAG..

Unfortunately the 40 days don't start until they cash the cheque!!!
It's always best to send a P.O. this is treated as cash and the 40 days start when they get this.

This was in response to my query about how long MBNA take (forever). I was under the assumption that the 40 days for a SAR started the day they recieved your request?

Any1 have any ideas/comments on this?

Thanks

W x

Rex_Mundi

BoingBoing wrote:

Any1 have any ideas/comments on this?

I cant see this. If you send the request by signed for delivery. You know the date they receive your request. If the bank chooses to cash the cheque two weeks later, they would still have had your request for two weeks prior to cashing the cheque. I haven't seen anything in the Data Protection Act that says the request starts when they cash your cheque. If this was the case, the bank could hold onto the cheque for three months without cashing it, and they wouldn't be breaching your rights under the DPA. This wouldn't be the case.

I would always take the start of the 40 days to be the day they receive your letter.

edit

I found this..............

DPA Part II. 7. (8)

Subject to subsection (4), a data controller shall comply with a request under this section promptly and in any event before the end of the prescribed period beginning with the relevant day

"the relevant day", in relation to a request under this section, means the day on which the data controller receives the request or, if later, the first day on which the data controller has both the required fee and the information referred to in subsection (3).

Whether this means the 'relevant day' can be taken to start once the cheque clears, I don't know.

BoingBoing_2

Ok thanks Rex, MBNA have 10 days left....

muggz

Hi there,

I sent LLoyds tsb a request for my copy statements for my business and personal accounts over 40 days ago. It says on this website i should call lloyds then complain to Information Commissioner (which i cant find the appropiate link to the complaints page on there website anyway)

but what department do i call, and what number? i sent the request to:

Penny Berryman
Senior Manager
Data Protection Dept.
Lloyds TSB Bank PLC
The Pentagon
48, Chiswell Street
London
EC1Y 4XX


is this the wrong place?

Edinburghlass_2

Rex_Mundi wrote:

Send THIS LETTER to the bank recorded delivery.

Thats the correct address, you might want to send the above letter by Rex.

muggz

perfect thanks!

pigginsexy

Rex,

I have searched and searched but to no joy. Could you give me a copy of the letter to send, when they have not complied to the 40 days letter for Statements. I know you posted this a couple of days ago for someone else, and i did download and save. However, since then i have had Windows corrupted and have nothing on my computer as i had to re-install windows.

Thanks

Hannah

Edinburghlass_2

http://forums.moneysavingexpert.com/showpost.html?p=3585449&postcount=7

pigginsexy

Thanks Edinburghlass. G E Capital & Lamarose have not even bothered to reply within the 40 day period. They claim they never received letter. However, they were sent RD and they have been delivered and signed for. So thought i would give them one last chance, before i report them to Ombudsman