40 days and no info/statements

LozBingley

rossco wrote: »

Hi
I sent the first letter to the Halifax in March, i recieveda letter back stating i'd get the info i require within 40days, i was happy but, nothing came, so i contacted the ICO and received a letter from saying they were sending my letter in a batch to the Halifax on the 7th May. I hav'nt heard another thing from either the bank or the ICO!!!!! Can anybody help? In the last letter from the Halifax it stats, ' if you have any difficulties accessing the info please let me know' there isn't a phone number to contact her. What should i do, i is three months since my first letter, i would be grateful for any ideas if you have come across this problem or, know what to do next.
Thanks
Rossco

You need to contact the Information Commissioner <- click here!

You can do it on-line and the bank get told off and give you the information within a week (I found ) dead easy(ish) once you find the on-line form

Lilly_May_2

I wrote and asked Littlewood/Index for my Statements on the 29th April '07, they had the cheek to put my £10 on to my outstanding account and charged me £5 admin charges.hmm..OK...but 56 days later I still hadn't received my statements, so wrote another letter, asking for them, also giving 7 days to response, or I would report them to the IC, they have to Tuesday next..I wonder if I hear anything on Monday...I doubt it somehow....as these Banks/catalogues seem to be getting reported to the IC, I am wondering if this is a new tactic on their part, as if we haven't got our statements, we can't claim can we?....and as they have broken the Law by overcharging us in the first place...I am sure they just don't care if they are reported!!!...just a thought.....Lilly

xavier7576

Hi there,

Was hoping I could get some advice on how to proceed next.

I originally sent of my letter and cheque to the Clydesdale Bank on 5th March 2007 to which I received no response to (however they were quick enough to cash the cheque). Phoned them up to find out what was going on and was told that there was a delay in processing as to which I should have had a letter informing me. I received no such letter. They suggested that I re-send the original letter, but I took next step and sent the original letter along with a new one stating that as I had not received my bank statements withing the stipulated 40 days, I would give them Seven working days to respond with appropriate bank statements on the 5th June. Again I have had no acknowledgemnt from them.

Should I now go to the Information Commisioner as I said I would in the second letter and if so, what is the expected timescale?

Many thanks

kazzaj

Hi
I wonder if anyone can give me any advice.
I wrote to Halifax regarding a DSAR in March enclosing my cheque for £10 which they cashed shortly afterwards. I received nothing from them until 27 April 2007 when they wrote to me to say that the information I requested had been ordered and would be sent to me shortly. I was given a telephone number to call if the statements had not been received within 2 weeks.
It is now 25 June and I am still waiting. I have called the number quoted on the letter but its just an answering machine message telling me that statements will be sent within 40 days (a clear lie!!!). I wrote again on 25 May and have telephone the complaints department 3 times.
They have told me on each occasion that they cannot put me through, but they said they would email the relevant department to chase my request and ask someone to make contact with me.
I have heard nothing.
I dont know how I can proceed without this information. Can I estimate a claim? Although I really would have no idea at where to pitch this.
Has anyone else had the same problem. Does anyone have the phone numbers of someone who actually had a clue at the Halifax?
Thanks guys

Stephen_Leak

kazzaj wrote: »

Hi
I wonder if anyone can give me any advice.
I wrote to Halifax regarding a DSAR in March enclosing my cheque for £10 which they cashed shortly afterwards. I received nothing from them until 27 April 2007 when they wrote to me to say that the information I requested had been ordered and would be sent to me shortly. I was given a telephone number to call if the statements had not been received within 2 weeks.
It is now 25 June and I am still waiting. I have called the number quoted on the letter but its just an answering machine message telling me that statements will be sent within 40 days (a clear lie!!!). I wrote again on 25 May and have telephone the complaints department 3 times.
They have told me on each occasion that they cannot put me through, but they said they would email the relevant department to chase my request and ask someone to make contact with me.
I have heard nothing.
I dont know how I can proceed without this information. Can I estimate a claim? Although I really would have no idea at where to pitch this.
Has anyone else had the same problem. Does anyone have the phone numbers of someone who actually had a clue at the Halifax?
Thanks guys

If you haven't received all the information you require within 40 days of them receiving your Subject Access Request, you can refer the matter to the Information Commissioner.

However, his staff are as inundated with complaints as the banks’ and credit card companies’ are with SAR’s. The banks and credit card companies have received so many reprimands that one more doesn't make any difference.

In the meantime, you can always draft your first claim letter so that, when your data does arrive and you've done your sums, all you have to do is fill in the blanks.<O:p</O:p

Mistermint

LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that the following documents are missing.

(Change this next section to your situation)

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)
2) You have provided no notes, or documents relating to any legal action between you and myself.
3) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court. I will also send a complaint to the Information Commissioner.

Yours faithfully,
<!--[if !supportEmptyParas]--> <!--[endif]--><o:p></o:p>

Stephen_Leak

What a good letter. As the banks now seem to be combining the SAR and first claim refusal, I personally have no problem whatsoever with returning the favour and applying pressure to them at this stage. I don't think the courts will be too happy with them for a second flood of DP Act compliance orders, either.

samhickton

Hi

I first wrote to request details of my bank charges on the 17th March. Nationwide cashed the £10 cheque on the 12th of April and yet despite repeated calls to the customer service department and numerous messages left on the data protection departments answerphone - I still haven't received details of my charges. What is the best next step? How long does the Information Commissioner route take? has anyone had to do this yet?
Please advise as I am feeling very frustrated by this process!

Sam

lulu23290

Hi Sam,
Am going thru the same thing with Abbey. Sent off in Feb. for my statements - have been fobbed off no end!! Have complained to the Information commissioner (via their website), but apparently, they have a backlog (surprise!!) don't know what's next really?!
lyn

samhickton

Thanks Lyn - nice to know I'm not the only one. The way they fob you off is ridiculous, but what really annoys me is that they have cashed my cheque! I will complain via the IC website and just wait. Sam