JMio v Clydesdale Bank - LBA Sent

[homer_j]

Got 2 x letters from the Clydesdale this morning:

 

Letter #1

 

--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

 

Dear Mr JMio,

 

I refer to your letter dated 19th April to Neil McKirdy, which has been pased to me to provide you with a response.

 

I confirm that we shall be happy to provide you with all the information to which you entitled under your right of access to your personal information under the Data Protection Act 1998.

 

With regard to the information concerning charges applied to your account, those records held exclusively in electronic form date back only to July 2005. Records prior to that data are only accessable via a combination of electronic and manual means. The latter is not referenced by criteria relating to individuals. We therefore consider that this does not constiture a relevant filing system, as defind in Section 1 (1) of the Act, and that this information is outside of its scope.

 

I hope that this satisfactorily clarifies out reasoning in this matter. If, however you have any further queries, please do not hesitate to contact me.

 

Yours sincerely,

 

Gordon Watt

Data Protection Advisor

National Australia Group (Europe) Limited

 

Regulatory Compliance

3rd Floor

The Athenaeum

8 Nelson Mandela Place

Glasgow

G2 1BN

 

--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

 

 

Letter #2

 

Dear Mr JMio,

 

DATA PROTECTON ACT 1998 - DATA SUBJECT ACCESS REQUEST

 

I refer to previous correspondence and now enclose the relative information, however I understand Gordon Watt in our Compliance area was making contact with you regarding outstanding issues.

 

If you require any additional information regarding your accoutn please contact your branch.

 

Yours sincerely

 

Fiona Hutton

Network Support

 

--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

 

Along with Letter #2 was copy statements from July '05 - total of £110 charges on there.

 

Looks like I'm going to have to report them to the IC & hope like hell that they intervene for me!

 

Hi,

 

Just to let you know that we had the exact same problem with Mr Watts. However, following a complaint to the ICO and starting court proceedings without the information, I am now in correspondece with a firm of solicitors that they are using to defend the claim.

 

In fact, Mr Watts actually called me personally to apologise because he accepted that the information contained within my statements was covered by the DSA request and subsequently received copy of the statements from 2000-2002.

 

If you want some ammo, I am more than willing to let you refer to my conversation . Also could I ask if you would be prepared to allow me to have a scanned copy of that letter from Mr Watts, so when I go to court I can present my argument that they are stalling with customers to reduce their liabilities through the 6 year rule?

[homer_j]

Right!!

 

Just spoken to our Mr Gordon Watt, ooooh that was nice - I could almost hear the sound of his sweaty cheeks squirming around in his chair throughout my conversation! THAT alone was priceless!

 

Anyway, the jist of it is, that (as expected) he refused to comment on another persons case (Homer_J's), refused to even look at the case after I asked him too because I was fed up of his 'I don't have the details to hand' spiel.

 

This guy clearly is not used to dealing with customers (expecially assertive & irate ones at that!), which probably explains why his phone number, isn't published on his letters... Ooops - bit of a shame someone's left it on the previous page of this thread then eh!?

 

In short - he's left me with little choice than to wait on the ICO to get involved, and I'll also be lodging a complaint with the FSA.

 

 

*** MY ADVICE TO ANYONE IN THE SAME SITUATION ***

 

If I was going to approach the CB again, I'd do this:

 

-- DPA Letter along with £10 as normal (recorded delivery).

 

-- When they send you their standard "£5 per copy statement" letter, send your reply to BOTH the branch & Neil McKirdy (Customer Relations Manager - address is on this thread), stating that if they don't provide ALL of the information that you requested within the 40 days, you'll go to the ICO.

 

-- When you get their standard letter (probably from Fiona Hutton or someone else at Network Support), saying that they're only going to send you details from (circa) July 2005 under their interpretation of the DPA, and that everything else comes a a £5 per statement cost - Phone the ICO, fill in their Complaint Form and get them involved. This Gordon Watt guy (despite his best efforts) made it perfectly clear that he was very uncomfortable about my threat to go to the ICO & FSA - SO DO IT!!!

 

The people on the ICO DPA Helpline are very very helpful - DO NOT hesitate to give them a call for advice - they really couldn't be any nicer!!

 

--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

Again - good luck and keep us all updated!

 

I bet he was lol.. He must really love me - I hope he gets called as a witness to my case so I can ask him about his blatent disregard for the DPA. I find it virtually unexplainable why they are doing this knowing that the ICO will tell them to do it. I guess the only explanation is that it reduces their liability through the Limitations act.

 

If you are going to follow the good avice above, I would make it clear that if the first response is that you are not entitled to this, you will make immediate complaint to the ICO rather than wait the 40 days for it to not turn up.

 

Anyway, we stand together in this and we will triumph I am sure.

[homer_j]

Good question, I think it was Clydesdale though...

 

It was yorkshire but the rules do not differ..