alf v clydesdale bank

[alftupper]

Initiated DPA delivered early may, standard letter back with july 5th date from network support. Library template letter sent back on the 17th awaiting next response

[jonni2bad]

Good stuff. Will await updates.

 

Best of luck

[alftupper]

Prompt reply (must be standard letters) stating that

 

"The information you requested falls outside the scope of the Data Protection Act as our records prior to July 2005 are only accessible via a combination of in electronic and manual means. The latter is not referenced by criteria relating to individuals, BUT RATHER BRANCHES OF THE CLYDESDALE BANK. We therefore consider that this does not constiture a relevant filing system, as defined in Section 1 (1) of the Act, and that this information is outside of its scope".

[diddled]

Seems to be a new excuse intended to confuse.

Probably hoping you will give up, shut up and go away.

I will be making another post in the DPA section shortly on this matter.

[alftupper]

Just downloaded the IC complaint form, which will be filled and winging its way first thing monday morning.

[alftupper]

Question - Within the premises of the DPA section 1 surely the fact that the bank can offer to supply a record of transactions (statements) for a cost means that these are covered by section 1c below and are readily accessible.

 

Similarily in putting data ( Factual information, especially information organized for analysis or used to reason or make decisions.) onto a microfiche (i.e. recorded) for processing (A series of actions, changes, or functions bringing about a result) would render that to be covered by section 1b

 

1. - (1) In this Act, unless the context otherwise requires-

• "data" means information which-

• • (a) is being processed by means of equipment operating automatically in response to instructions given for that purpose,

• • (b) is recorded with the intention that it should be processed by means of such equipment,

• • © is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, or

• • (d) does not fall within paragraph (a), (b) or © but forms part of an accessible record as defined by section 68;

Comments please I am writing out my next response to the bank and don't want to put my foot in it!

[diddled]

This is a very good point, and one that I would check out with the IC before writing to the bank

Clydesdale/Yorkshire will do everything in their power to prevent disclosure of information under DPA

Take heart, its only a matter of time before this outfit will trip themselves up big style

[JMio]

I'm watching your progress with a keen eye.!! I'm in the exact same boat as you, currently waiting for the ICO to do their thing.

 

Someone, surely will find the way around this shower's delay tactics!

[alftupper]

ICo Letter sent this morning, so lets see how things go!

[alftupper]

No response as yet from IC, nil from clydesdale after response to second letter to them advising of both Durant and Smith cases. I am about 10 days or so short of non compliance with DPA - should I letter them again or wait for the 40 days to run and then initiate a second complaint to the IC?

[barracad]

From my own personal experience it is likely to take around a month to get a response from the ICO.

[alftupper]

response today from Clydesdale stating that they have amended their systems and are now able to supply copies of bank statements prior to july 2005

[caro]

That's great. This will get things moving for quite a few Clydesdale victims. Seems the message has finally got through to them that they have to comply.

[Robertxc]

That's great. This will get things moving for quite a few Clydesdale victims. Seems the message has finally got through to them that they have to comply.

Good stuff! Any chance you can post the text of their letter?

[alftupper]

Dear Alf

 

Data Protection Act 1998 - Data Subject Access Request

 

We refer to our letter of //May advising that we were unable to accomodate your request for account information prior to July 2005, under your right of access to personal information.

 

In the intervening period the bank has sought to amend its systems to provide this information to our customers.

 

We therefore are pleased to confirm that we are now able to provide you with a copy of your bank statements produced prior to July 2005.

 

We are now arranging to obtain the information required and will provide it to you as soon as we can.

 

Yours Snc

 

FM

Network Support

[Robertxc]

Well, I know there were quite a few complaints to the ICO about this, so reading between the lines, it looks like they got a good hard kick in the b*ll*cks and told to behave.

[JMio]

response today from Clydesdale stating that they have amended their systems and are now able to supply copies of bank statements prior to july 2005

 

Alf - that's brilliant news!

 

I've yet to receive anything like that regarding my Current Account, would there be ANY chance you'd be able to send me a scan of that letter?

 

If you could please send me a PM & I'll give you my Email address.

 

I don't need anything like your address or account details, so by all means blank them out!

[alftupper]

40 days now up and absolutely nil with regard to statements/transaction. Non compliance with DPA letter sent giving 7 days for these to be sent out. Awkward as hell!

[JMio]

Mine arrived this morning, they received my request and £10 on the 11th April.

 

Yours should follow soon

[alftupper]

Got my credit card statements but only the partials on my other account, now well beyond the 40 days, have sent non compliance letter. Also received response to IC complaint. Hope I now don't have to initiate a second complaint for only partial disclousure!

[JMio]

I'd give the folks at their Network Support a quick ring to clarify why they've only sent you partial information.

 

ANY signs that they're playing up again, I'd be back onto the ICO.

[alftupper]

Guess what arrived today, statements to july 2005 so thats the lot for one account and credit card. Got a real shock when I put the figures onto the spreadsheet, I was expecting a couple of hundred over the five years but actually found in one bad period they had taken over £680 in two months. There is no way I will be backing out of this now. I have just realised what a bunch of mercenary b......s this lot are.

 

 

Fix bayonets and over the top

[Robertxc]

Guess what arrived today, statements to july 2005 so thats the lot for one account and credit card. Got a real shock when I put the figures onto the spreadsheet, I was expecting a couple of hundred over the five years but actually found in one bad period they had taken over £680 in two months. There is no way I will be backing out of this now. I have just realised what a bunch of mercenary b......s this lot are.

 

 

Fix bayonets and over the top

Good for you Alf.

 

Loooong time since I encountered 'The tough of the track'!

[JMio]

Fix bayonets and over the top

 

Good show old chap, no sah, they shall not like it. Up 'um.

 

Rufftay!

[alftupper]

First request for charges back sent in and first letter refusing same back from CB. Will leave for the fourteen days and issue an LBA.

 

Think I am going to be busy for the next six months