MacBoy Vs. Halifax and Hello To the Group!

[MacBoy]

Update

26th June 0207

 

As some of you will know I have had a fairly confusing time with the Halifax so far, what with only getting partial data (i.e. current account statements and nothing from the credit card side; despite only sending one S.A.R - (Subject Access Request) for both). I have had two separate opening fob off letters from them (you all know the one), both the same but one with HBOS and one with HFX headers.

 

In order to try and nail this, I sent them a LBA on 11th June, warning them to comply with their Data Protection Act obligations otherwise I would report them to Information Commissioners Office and file with court to enforce compliance. I gave them 7 days in the letter plus another week to cut them some slack.

 

Well, B*gger me if I don't get a response to this LBA today....and..wait for it pop, pickers....

 

IT'S ANOTHER INITIAL BLO*DY FOB-OFF LETTER!

 

It would be hilarious if not so tragic - this company is serially incompetent! Oh Boy am I steaming mad right now :mad: :mad:

 

I need to cool down, but I have an idea and will report back later

[kennythecelt]

Hi MacBoy

 

It will get sorted though!!!!!!!!!!!!!! Its you that is in the right and they have taken your money. You know it, We know it and they know it.

 

However, they are all that you say- INEPT, DAFT, INCONSISTENT, SELF SEEKING, DISJOINTED, DISHONEST, ETC, ETC.

 

Stay focussed and very best of luck. Will pop back later.

[MacBoy]

Right. I've calmed down now and been doing a little thinking. I've had several disjointed and inappropriate responses from the HFX now, so I think that what's needed is a further written response to focus their minds and get the attention of the right people 'higher up' (the ones that are shielded by the call centre 'cannon fodder').

 

I've decided to prepare an 'interim' letter - one designed specifically for a '+6 yr' action, that would go in between a LBA for a Data Protection Act non-compliance action and the litigation itself. I know some of you would say 'just file for court' and I am prepared to accept that advice too, if I receive a good enough reason from you guys not to send the following. I'm also not massively time-focused with this, as I've never budgeted for having the money back so I'm not missing it.

 

I'ts a reworked version of a letter composed by ZootScoot, so much credit due there - I've modified it and a draft is below for your comments (and it would be especially good, ZootScoot, if you could feedback too if you see this ).

 

I think that there is a gap that this letter could fill in exactly the situation Dusary and myself find ourselves at the moment. We both need to get off this lunatic merry-go-round of dealing with unempowered call centre staff and receiving nonsensical standard letters; and focus on getting ourselves in front of decision-makers who understand the implications.

 

I've entitled it a 'response to partial disclosure':

 

To the Data Controller (important - not dear Sir/Madam etc.)

 

cc. Compliance Dept. (this bit is important too - suggest you make a second copy and address it to this dept.)

 

Data Protection Act 1998

Subject Access Request - Response to Partial Disclosure

 

 

Current Account no: xxxxxxxxx Credit Card Account no. xxxx xxxx xxxx xxxx (and predecessors)

I sent a request under s.7 of the Data Protection Act 1998 on 30/03/2007, accompanied by the appropriate fee, which was subsequently cashed by yourselves. I received some of my personal data on 04/06/2007. This comprised current account statements dating from account closure back to XX/XX/2000. My current account was opened on XX/XX/1987. To date, I have seen no statements whatsoever for the credit card.

 

I would like to remind you that your obligation under s.7 is to supply all data held by your company irrespective of the age of such data. If you contend that you do not hold such data before a given time, please could you confirm this by providing the relevant certificate(s) of destruction for the data I require?

 

Please note that I am not prepared to accept any ex curia representations regarding the Limitations Act 1980 or any other legislation, given in explanation of any incomplete delivery of the information I originally requested. (feedback on this bit please -my objective here is to restrict such arguments to court and show that we will not be fobbed off with their pseudo-legal twaddle - as far as I am aware the requirement is for all the data they hold about you, in the absence of a good legal reason as to why not)

 

I would also point out that as a Data Controller you are required to fulfil your obligations within 40 days of the receipt of request. The time period for compliance in this matter expired on 10/05/2007. As of the date of writing, you are now 47 days out of compliance.

 

In addition to the statements, I also require copies of any additional data held about me by your company. However, as a gesture of goodwill to allow you sufficient time to comply, I shall extend this time period for a further N days.

 

If you fail to supply me with the remainder of the data that you hold prior to XX/XX/2000 for the current account, plus the complete set of credit card data within this period; together with any additional data you hold, I shall commence court action to enforce compliance immediately thereafter. There will be no further discretionary extensions, nor any further direct communication from myself.

 

In addition to the above action I shall also make complaint to the Information Commissioner (if you haven't done this already) regarding yours and your organisation's abysmal performance in the exercise of its responsibilities under the Data Protection Act 1998.

 

I look forward to receiving your response.

 

 

Yours faithfully

etc.

(I'll also cross-post in the '6 years +' thread if Mods don't object)

 

Please let me know thoughts..

Mac

[kennythecelt]

I came across something which I think was in Dusarys thread, re data protection and what they had to comply with.

Perhaps that could be considered for inclusion as it states their obligations quite simply.

Will look and find it and the you could think about it.

[Dusary]

Only 47 days behind?

 

HA! HA! HA!

 

I'm 63 days!

 

This is the letter I wrote to ICO:

The Information Commissioner’s Office,

Casework and Advice Division,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire, SK9 5AF.

Tuesday, June 12, 2007

Dear Sir,

Further to the paper copy of the Complaints form recently submitted – along with supporting documents - to yourselves regarding two Bank of Scotland Accounts in my name:

Dusary

AAAA Acc number: XXXXXXXXX and AAAAA Acc number: YYYYYYY

I have further to report that today I received a letter dated 9th June – copy attached, along with a copy of my letter of June 5th to which their letter refers.

In addition, I wish the following information to be recorded along with my original complaint referred to you.

(I wrote to HBoS on 9th June stating the following:

“I am disappointed that you did not address the issues I raised in my previous correspondence, but chose, instead to send me a standard template letter. These issues were:

· Failure to comply with my Subject Access Request – Information Commissioner’s Office informed

· Failure to supply me with a complete history of my banking with your organisation - Information Commissioner’s Office informed

· Failure to disclose history of other accounts being held or held with you by myself –

Information Commissioner’s Office informed (There were at least 3 other accounts referred to the partial statements sent: namely: 1) House Account; 2) Budgetplus Account and 3) Loan Account – there may be more.)

· Failure to send me a copy of the Terms and Conditions you referred to in your most recent letter - Information Commissioner’s Office informed

· Failure to disclose any manual intervention in my accounts undertaken by yourselves –

Information Commissioner’s Office informed”

I hope that you will append this information to my original complaint form.[/unquote]

Thanking you in anticipation,

Yours sincerely,

Dusary )

 

 

 

There you will find a copy of the letter I originally sent to HBOS now copied to Information Commissioners Office.

[MacBoy]

Is that 63 days 'out' or 63 days in total? i'ts 87 days since i sent my initial letter

[Dusary]

63 days since I sent my original S.A.R - (Subject Access Request) - though, the one that produced the partial goods went from a local branch who debited my account there and then! That was actually in MARCH!!!

 

But who's counting?

[kennythecelt]

Extracted from Dusarys letter

 

"Failure to comply with my Subject Access Request – Information Commissioner’s Office informed

· Failure to supply me with a complete history of my banking with your organisation -

· Failure to disclose history of other accounts being held or held with you by myself –

· Failure to send me a copy of the Terms and Conditions you referred to in your most recent letter -

· Failure to disclose any manual intervention in my accounts undertaken by yourselves –

· Failure to acknowledge receipt of the request to remove the default notice recently applied – (if applicable- perhaps refer to records re your credit history eg experian etc if a loan)

 

Just a thought but with a view to the future. If you have ever had a loan or some other type of credit with them you could consider asking for copies of the consumer credit agreements.

For the particular breaches of data protection requirements, I think it refers to all electronic, microfiche/ file, paper etc records, recoprds of manual intervention etc relating to you. I asked them for a list of every time they had phoned me. They have never supplied it.

Give them any changes of address or name plus joint account holder details.

[kennythecelt]

He beat me to it!!!!!

[Dusary]

It's OK!

 

Sometimes I have a look see who's viewing a thread before I reply.

[MacBoy]

Cool - thanks guys - they are more than welcome and I'll add them to the letter if i send it

 

Now get yer reading specs on, you two, and let me know your thoughts on this letter

[kennythecelt]

Hello my old friends!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

 

I am out tonight but going to give this some more thought and will try to think it through then.

 

Just a thought but its going to data controller at Halifax. You could think about sending a copy to Information commissioner as well, along with a copy of your earlier SAR.

 

 

 

From your earlier post. Visions of Space Invaders!!!!!-------------

 

"and get the attention of the right people 'higher up' (the ones that are shielded by the call centre 'cannon fodder')"

[Dusary]

The *PLEASE NOTE* paragraph looks fine!

[MacBoy]

Kenny

 

Thanks, I will be filing a complaint to the ICO as well (see penultimate para). Enjoy yourself tonight and don't get too tanked up (or do - it's up to you!)

[MacBoy]

Cheers Dusary - I just think that, as most info on here is geared to a 'normal' 6 year claim, that this might fill a gap for us '+6 years' brigade, getting fobbed off time and time again at this stage in proceedings.

 

Maybe there should be a dedicated resources section for this type of claim? I don't know - but i do know we're going to get these b*ggers in the end!

[kennythecelt]

Kenny

 

Thanks, I will be filing a complaint to the Information Commissioners Office as well (see penultimate para). Enjoy yourself tonight and don't get too tanked up (or do - it's up to you!)

 

No chance. Work then a concert.

 

Besides Dusary said its a 5.27 am rise tomorrow!!!!!!!!

[MacBoy]

Hahahahahahaha!

 

Is he a serial killer, or a lighthouse keeper or something?!!!! That boy keeps weird hours.

 

[Dusary]

Oi!

[Dusary]

Lighthouses have loads and loads of stairs!

 

I'd get dizzy - and, anyway,

 

no-one switches the light out at night!

[MacBoy]

Hehehehehe! glad to see you're up and about - and playing with your smilies again :D:D

[kennythecelt]

ahmmm??

[Dusary]

Serial killer?

 

For me the day began around 04.30.

 

Work THAT one out, then!

 

[MacBoy]

hmmmmmm... lt me guess... choosing victims? Surely not bank personnel - or perhaps Miss Woolly there proffers a clue?

 

:D:D:D

[Dusary]

ahmmm??

 

!!!! LOUD AHEMMMMMM !!!!

[MacBoy]

I'll get me coat....