Havinastella V Lloyds TSB

[bazaar]

You could always 'Respectfully' request that the court consider your costs within your claim. After all, if it was the council and you didnt pay council tax, they would add costs to any court summons.

Just a thought, if the judge then says 'no' at least you tried. Your costs are relevant because the bank failed in their obligations.

[havinastella]

well update,

 

Had a call from the Data protection Officer apologising as she has only just received the request. Apparently the

 

Lloyds TSB Bank PLC

Compliance Dept.

Mountbatten House

Military Road

Chatham

ME4 4JF

 

address is incorrect for sar requests.

 

They send it to

 

Copy Statement Unit

Swallow House

PO Box 139

10 Swallow Street

B'Ham

BX1 1LT

 

which is also incorrect.

 

Apparently the sar should go to an Andover Address, I'll try to find it.

 

Jogs

[Ashwall]

Jogs, thats rubbish they are telling you.. i sent my SAR to the Copy Statements address listed above.

In my letter from Lloyds today they say its correct dept is

 

DSAR Team

Customer Services

Recovery Centre

Charlton Place C57

Andover

Hampshire

SP10 1RE

 

Its just another time wasting delay [problem] from Lloyds, unless they themselves dont actually know what department it is either! Its court all the way for me they have had ample time and im done playing about.

 

How are you getting on? Did you post your N1? My local court excepts the charges so its down to Lloyds and if they will pay up now.. watch this space

 

Ash

[spidey41]

When I Requested My S.a.r From Lloyds To Check What Charges Had Been Added On They Sent My Statements Uptil The Charges Were Added Then A Load Of Blank Statements With Correct Dates On , I Cant Wait To See Them Defend This In Court

[havinastella]

right After the way I have been treated by these *&^%^%$ "£!&^%$ over the last week, N1 issued today.

 

It made me feel a damn site better.

 

Jogs

[havinastella]

So, Lloyds defence to my POC

 

 

As they have only sent copies of my charges and my LBA requested 'Everything' and as the ICO leaflet sets out that everything held about me should be sent, I don't think Lloyds have a leg to stand on. (HOPEFULLY)

 

AQ filled in and will be posted tomorrow!

 

JOgs

Edited August 17, 2008 by havinastella

[havinastella]

Received copy of letter sent to Lloyds TSB today.

 

 

I take it that MY claim will not be thrown out!!!!!!

 

Jogs

[Aterlatus]

I wonder how they pick and choose which AQs they're gonna reply to. lol

 

They must've replied with my case because there's an allocation hearing next week.

[Ashwall]

I now have a court date of 27th October 2008..have to deliver all documents to court and other party by 19th September so looks like im gonna be busy.

Cant wait to hear their Defense as i still have no statements and its 5 months since i sent the SAR!

[Ashwall]

Hi hun,

Hope your well and all is good,

How's progress? Any update on Lloyds response yet?

 

I need to get my documents in by 19th Sept any ideas aside from the Data Protection Act what docs do you think i should include in this bundle? Am a total novice here and dont have a clue

Any help or advice you can offer would be awesome

Thanks

[havinastella]

well, finally

 

[havinastella]

updated costs, are they ok?

 

Also can anybody point me in the direction that 'costs' can be claimed in small claims in respect of S.A.R - (Subject Access Request) Non Compliance.

 

I also need the regs for paperwork having to be kept for 6 yrs after the 'closure' of accounts if possible.

 

 

 

Thanks

 

Jogs

Edited October 21, 2008 by havinastella

[GaryH]

Hi,

 

Costs are not recoverable in any small claims cases unfortunately, except if the other side have acted unreasonably during the litigation.

 

Good luck!

[supasnooper]

Any update on this at all ?

[havinastella]

Hiya Snooper,

 

Sorry forgot to update this.

 

Was due in court on the Tuesday, Friday afternoon before Court date, 2 bundles turned up, everything that Lloyds held on me, but only going back the 6 years.

 

I had submitted a full updated schedule of charges to the Court on the Wednesday, roughly £400.

 

As this was for my partner and she was petrified to go to court, (even though I had asked and recieved permission to speak on her behalf), she accepted an out of court settlement for costs and informed the Court that Lloyds had finally complied with the request.

 

Just a few points, Lloyds act like this because they think they can, they ignore letters and directions with impunity because they are under the impression most people will just throw the towel in. I'm almost positive the SAR should have arrived on the Sat or Even the Monday, they really like to play it that close.

 

Point 2 : When they tell you it takes 3-5 days to re-credit your account and it cannot be done quicker, it's complete bo**ocks. Just to avoid them going to Court and face the full wrath of the Judge, they paid the agreed costs into OH's account in less than 20 mins with a faxed letter to confirm they had done as asked.

 

I have to say this episode did cause a bit of friction in the house as I wanted them to face the judge and explain why they think they can act in the way they acted. Luckily the costs were enough to buy a new wasking machine (a good one ) and the SAR showed PPI on a loan we had taken out in 2001. As the OH has epilepsy, the claim for a refund of over £3000 has gone in with a letter from her DR confirming all this.

 

Lloyds will make every claimaint wait until the last minute possible and then comply with everything you ask for

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/143436-havinastella-blackhorse.html?highlight=havinastella+black

 

 

So anyways, at the moment it's Havinastella 1 1/2 v 1/2 Lloyds.

 

 

JOgs

[supasnooper]

Nice result and thanks for the update.

 

having a little tussle with LTSB at the moment who think that they can tell me when my SAR arrived - shame that Royal Mail can show me different.

 

Let's see what LTSB do when my court summons arrives on their doorstep in the next few days.

[42man]

Jogs.....is there anything you learned from this, that you might have done differently when it comes to taking a company to court for SAR non compliance ? or were you 100% happy with this...?

[havinastella]

Hi 42 man,

 

Only thing I would have different is meet them in Court, even after they had submitted the paperwork.

 

I have in on good authority that the Judge who would have dealt with my claim knew his business and would have paid 'FULL' costs.

 

Unfortuately, as we all know on here, it really does depend on the judge you get.

 

Lloyds pushed this to the last minute, they have NO regard for anyone esp the Court system. But IMO it's a great way to go to get the OC to comply, we had Lloyds running through hoops on the Friday afternoon to stay out of Court.

 

If you need any info I'm always about.

 

JOgs

Edited April 1, 2009 by havinastella

[citizenB]

subbing. Good result, Jogs

[gezwee]

Morning all, hopefully theres someone out there still subscribed to this thread who can look in on my one and offer some thoughts.

 

Mine started off as a general question prior to litigation..... not sure if this will paste the link in but its this one below

 

Catalogues - exempt from Companies act S.222(5)(b)

 

Barring costs and possible damages, is there any action the court can/will take against a data controller for non compliance or lack of defence?

 

Thanks

 

Gez

[havinastella]

Hi Gez,

 

I really don't think it ever gets that far.

 

The bastards wait until the last possible moment and then comply.

 

I really didn't look into costs and damages as I'm sure that comes under a different claim.

 

If I can help in anyway just give this thread a bump.

 

Jogs

[gezwee]

Up late (again) and trying to get as much info together as I can.

 

Have a feeling they could have fallen down with mine, had a long chat with one of the customer service managers at Bradford a couple of weeks ago (he's being made redundant end of this year so nothing much to lose).....long and short of it is that they dumped a load of data at the end of 2006.

 

They were served order to comply pretty quickly by local DJ, as it stands they have another 13 days to action.

 

Assuming earlier information is correct and they cannot comply I will of course press for costs and damages. Bit cheeky I know but I borrowed parts of your schedule (thanking you :grin:)

 

The question is, what would be my next step?

 

I suppose what I really want is an admission of data loss, is there any way of forcing a response or are the costs so minimal that they take it on the chin every time?

 

Thanks

 

Gez

[havinastella]

I'm pretty sure that you can only claim if the loss of data has cost you.

 

So for example, if they have told the CRA's that you are a risk and you wanted a mortgage, you'd have to pay more for it. So you could claim for this.

 

If they have dumped a load of records that have no cost to you, there's really no claim.

 

You have to remember you cannot claim for something that has cost you nothing.

 

Jogs

[gezwee]

Hi Jogs

 

Have an ongoing issue with them (posted the details on my thread) trying to get a frontloaded interest charge removed........ they have since lost all data relating to this?

 

Its not as if I've never acknowledged the originating account balance, its the interest levied in error thats caused the issue.

 

All charges on account were also for period pre loss of data (8 months at £12.00 late/non payment)

 

Damages claim makes note of both the above.

 

They have however managed to mark default with CRA - looking to move house early next year for job relocation and can't be having an accounting error messing with a new mortgage application. This is the only reason its recently come to a head.... tbh if it wasnt for the house move I'd have carried on ignoring them and waiting for my day in court as a defendant.

 

Gezwee

[citizenB]

Jogs, did you complete an AQ for this.. if so what did you put in the "other information" section please.

 

Many thanks