Nervous!

[penny less]

Hi Guys!

I asked for the statements on 20 Feb, they sent them to me 9 March, and waived the fee (£5), do I still need to send them money? :?

 

One or two more Q's;

1) Is HBoS legally obliged, under the DPA, to provide evidence of manual intervention (MI)?

2) Is it true that the charges are not enforceable under English law?

3) Can I accept the refund, but not the conditions imposed?

 

Penny Less

[BankFodder]

Hi Guys!

I asked for the statements on 20 Feb, they sent them to me 9 March, and waived the fee (£5), do I still need to send them money? :?

Are you joking?

 

One or two more Q's;

1) Is HBoS legally obliged, under the DPA, to provide evidence of manual intervention (MI)?

- Yes, if it exists

2) Is it true that the charges are not enforceable under English law?

Read the FAQs

3) Can I accept the refund, but not the conditions imposed?

You can try

[mas101]

Hi Guys!

I asked for the statements on 20 Feb, they sent them to me 9 March, and waived the fee (£5), do I still need to send them money?

 

I thought you had said earlier in your thread that you were still 2 years worth of statements missing which you had asked for within your DPA request? If this is the case and you are trying to get these missing statements then you will need to pay the £10.

 

Its a valid point by Richard that the 40 day time frame may not start until they have received payment. I dont know enough about that to comment but I have submitted 2 DPA requests to the Halifax and instructed them to debit my account with the fee. So far they have not done this. I would have thought that if this is a stalling tactic after they have been authorised to collect payment, the commissioner would take a very dim view and this would still be non-compliance?

[BankFodder]

40 days begins when an appropriate person has received the request and payment.

 

If the request is correctly addressed then the orgainsation has a respnibility to make sure that the request does reach an appropriate person within a resonable time - say 24 hours after receipt of the letter.

[colour-me-happy]

40 days begins when an appropriate person has received the request and payment.

 

If the request is correctly addressed then the orgainsation has a respnibility to make sure that the request does reach an appropriate person within a resonable time - say 24 hours after receipt of the letter.

 

I'm not hijacking so please don't shout at me

 

Would it be wise to phone them and confirm receipt of the letter?

[rivendale0506]

So would it follow that if you authorised them to debit your account rather than send a cheque, that they are deemed to have received the money at the same time they receive the letter (whether or not they bother to take it from your account)?

[richardc]

The wisest thing is to send by Special Delivery

[colour-me-happy]

The wisest thing is to send by Special Delivery

 

I sent it recorded... it has been signed for but I just wondered if I should get someone at the Halifax to acknowledge it?

[penny less]

Not sure whether to include a bit about the 2 year gap from Aug 2000 to Nov 02, on the statements suplied, as I have some statements from that period?

Penny Less

 

As you can see I have some original statements covering that period. However I will ask for the info, and authorise them to take the £10 fee from my account. I would assume that they are working to the 40 day time frame as they have already half complied with my request?

 

Thank you Bankfodder for (sort of) clarifying my Q's. I was only asking you to clarify whether I would be expected to pay AGAIN for the statements missing from the original request for which HBoS sent incomplete records. I wasn't joking.

Penny Less

[mas101]

I am not trying to hi-jack this thread either...

 

I think with the confusion as to when the clock starts ticking on DPA requests (ie - from receipt of payment not receipt of letter) it may be a good idea to post this within the FAQ section.

 

There could be many many DPA requests lodged that are not being actioned due to non-payment, which in turn just slows the whole procedure down.

 

I had quite wrongly it would seem, assumed that if you had submitted a request with an authorisation to debit an account in payment the clock had started. Reading through this thread, it would seem that the only sure way of starting the 40 day clock is to send a cash payment, otherwise they will simply choose when and even if they collect.

[richardc]

When I requested DPA info from Lloyds, I authorised them to debit my account.

 

Customer Services passed my letter to the Data Protection Request Team who then wrote to me saying they were not able to debit my account and requested a cheque.

 

I don't think it was a stalling technique - you cann't have everyone who works in a bank allowed to debit accounts.

[penny less]

Just an update.

I sent the letter before action on Wednesday. I am claiming £921. Lets hope they cough up!

Penny Less

[penny less]

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