Lloyds TSB and Data Protection

jayu619

Deleted_User wrote: »

Certainly is.

Only send £10 if you're looking to make a charitable contribution towards their Christmas party.

I edited my post but this made me LOL.

OceanSound

GDPR: No Fee. Also, Higher fines for failing to comply with SAR requests. According to:
https://gdpr.report/news/2017/11/20/gdpr-subject-access-requests/

eskbanker

jayu619 wrote: »

the rationale behind the asking those questions to the banks would be to guage as to how their banking procedures work, because i suspect the council to give vague if not no answers at all, i relation to my SAR and FOI to them. Atleast, if bank can confirm jonesMUFC's theory, then we can go back to the council and ask them more questions as to why they failed to notify Lloyds of new bank details omitting the reference.

Right now, it all points to the council who have done wrong.
What do you think?

I'd suggest you first establish from the council (via FOI/SAR) exactly how they handled the change of bank account, as it seems to me that there are at least two possible scenarios.

One is that they used CASS to do so, which wouldn't necessarily involve consent from (or even notification to) your dad and I believe could be handled seamlessly between banks.

Alternatively, they may say (and evidence) that they wrote to all relevant property owners advising them that they'd need to change the destination of their standing orders.

In either case, it'll be useful to establish how they expected the critical reference number to be perpetuated.

I'd agree that the council have made at least one error, in not checking their suspense account and consequently letting your dad's account fall into arrears, but it still seems likely that Lloyds have messed up if they're willing to cough up £500 plus CCJ costs.

masonic

eskbanker wrote: »

I'd agree that the council have made at least one error, in not checking their suspense account and consequently letting your dad's account fall into arrears, but it still seems likely that Lloyds have messed up if they're willing to cough up £500 plus CCJ costs.

I'd agree with this. My gut feeling is that the council has a larger share of responsibility for this, but in the absence of the facts the situation is far from clear.

jayu619

SAR under GDPR rules submitted to FoS by email just now, asking for all the relevant documentations and recordings between Lloyds and FoS. I will keep you posted on what this produces.

jayu619

eskbanker wrote: »

One is that they used CASS to do so, which wouldn't necessarily involve consent from (or even notification to) your dad and I believe could be handled seamlessly between banks.

Alternatively, they may say (and evidence) that they wrote to all relevant property owners advising them that they'd need to change the destination of their standing orders.

In the council's SAR under old regime, they provided my dad with a copy of the 'leaflet' sent out to all residents of TH, and it clearly does state new account details and to change over asap. However, my dad did not receive these documents through the post - we've had issues of post going to the wrong address and people's posts coming to ours. This has now stopped, thank god.

So it only leaves the first route, about the change of accounts through CASS. I will await and see what the relevant SARs/FOI produces.

jayu619

On a separate note, I wanted to ask about the possibility of suing council solicitors directly for their incompetence, in making the same mistake twice as well as lying on their statement of truth when sending their draft order.

I should probably start a new thread, but unsure of which heading to start that under...any advice would be much appreciated.

Jay

masonic

jayu619 wrote: »

On a separate note, I wanted to ask about the possibility of suing council solicitors directly for their incompetence, in making the same mistake twice as well as lying on their statement of truth when sending their draft order.

Sounds costly. Why not try complaining to their regulatory body?
https://www.ombudsman-services.org/sectors/solicitors-regulation-authority

eskbanker

jayu619 wrote: »

On a separate note, I wanted to ask about the possibility of suing council solicitors directly for their incompetence, in making the same mistake twice as well as lying on their statement of truth when sending their draft order.

I should probably start a new thread, but unsure of which heading to start that under...any advice would be much appreciated.

Perhaps it would be worth sending them a SAR too?

There will inevitably be a number of avenues to exhaust before suing the solicitors, so I'd start with getting the data and then go through their formal complaints process (they may accept liability and offer redress). And then their regulator, as per masonic's post....

jayu619

Thank you masonic and eskbanker.
I was not sure which avenue to take or what to do.

I can definitely submit an SAR, but what could I ask them now?
Below, is what I had asked them recently under old rules:

- My personnel file regarding County Court Judgment issued to me;
- Correspondence between Judge and Priestly and THH, Leasehold Services team
- Correspondence between Judge and Priestly and County Courts initiating CCJ
- emails between Tower Hamlets Homes and yourselves regarding legal proceedings against (my dad);
- All the above info to be supplied between Jan 2017 to March 3rd 2018;

Thanks,
Jay