Yorkshire Bank Trying It On

[nickt1976]

Hi, everyone a bit of help needed please!

Sent DPA to Yorkshire Bank on 2/3/07 (delivered 5/3/07) for loan, card and bank account.

On 16/4/07 sent LBA, as we recieved no data, giving them a further 7 days.

On 10/4/07 (delivered 11/4/07) sent a CCA.

On 21/4/07 recieved a letter from Claire Hilditch noting our comments with regards to the CCA, along wth a cheque for £1, stating that we need to apply for a full SAR!!! (just like we had done on 2/3/07) because credit agreements, account statements and PPI are covered under the DPA (ha ha) and if require this we have to enclose a cheque for £10 (which we did on 2/3/07) and to specify the exact information we require (which we did 2/3/07).

On 23/4/07 (delivered 24/4/07) sent a letter thanking them for letter and reminding that on 2/3/07 we applied for a full SAR, included the maximum statutory payment of £10 and that the deadline had expired on 14/4/07, we also included photocopies of the original request, the postal order for £10, all receipts for postage, delivery conformation and returned the £1 cheque.

Recieved a letter this morning from Muriel Danielson stating that they had been informed by their head office that they were unable to comply with our request for all data regarding our bank account as it was closed more than 6 years ago and was therefore outside the 6 year deadline.

Havent got a any information regarding date account was closed so cant comment on that, but havent yet recieved any data from them regarding load and card either!

Any help on what our next step is would be greatly appreciated,

thanks in advance,

nick

[caro]

I suggest you write back to Muriel Danielson and point out that there are no time limits imposed under the Data Protection Act, and that requests can go back further than 6 years.

 

If you want to check out the Data Protection Act, there's a link to it in CAG's statutes library, and the relevant section is 7.

 

Check out some of the stickys at the head of this forum too as there is lots of advice on dealing with this kind of thing there.

[nickt1976]

Hi caro, thanks for reply, checking out now (DPA). Will write back to her, if I get stuck with reply will someone give me a hand as I am rubbish with letters.

thanks again,

Nick

[caro]

A bit pushed for time at the moment Nick but will suss something for you. Only needs to be very basic.

[nickt1976]

Thankyou so much caro ,very much appreciated.Nick.

[caro]

Dear Ms Danielson

 

Further to your letter of (insert date) in response to my Suject Access Request under the Data Protection Act. Section 7 of the Act does not have any time limits stated, so you are mistaken that you do not need to comply with this. I am sure that your Compliance Department will be able to confirm this for you. I have emailed them to alert them to the incorrect information provided to you by your Head Office so that they can take action to correct it.

 

Although the 40 days since I sent my Subject Access Request has expired, I am willing to give another 7 days to comply before taking the matter further.

 

Yours sincerely

 

Also send an email to the compliance department and tell them about it.

 

Dear Ms Melvin

 

I have received a letter from Muriel Danielson of your xxxxxx Department, in which she states that they had been informed by their head office that they were unable to comply with our request for all data regarding our bank account as it was closed more than 6 years ago and was therefore outside the 6 year deadline for a Subject Access Request under the Data Protection Act. No doubt you are aware that Secton 7 of the Act does not state any such limits.

 

Although the 40 days since my subject access request has expired, I have written to Ms Danielson allowing another 7 days to comply. I though I should alert you to this misunderstanding of the Data Protection Act, as it would appear that your Head Office are circulating incorrect information, which I assume you would want to correct.

 

I look forward to receiving your comments and trust you will take the appropriate action to correct this.

 

Your sincerely

 

Ms Melvins email address can be found following this link.

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/85275-yb-exceeding-40-days.html

[westwell]

Its a similar response to mine, the yorkshire bank wanted to charge me £5 per statement for all statements older than 6 years. So with the help of Caro I have written back to my branch explaing there is no time limit with the data protection act and I have also emailed Ms Melvin.

[nickt1976]

Thank you so much Caro for your excellent response and link, will be sending these off tomorrow. Westwell £5 per statement, they are hoping!!!!! Have you had your statements back yet?or a response to your letter/email?

Nick

[westwell]

No response off either yet but I will keep you posted.

[nickt1976]

Thanks Westwell, will keep you posted too if I get anything.

Nick

[nickt1976]

Hi all,

quick update received a letter back from Ms Danielson today ,thank you for your letter dated 29 April and advise you (obviously been told to advise me) that although you are entitled to see any statements we hold on your account the Statute of Limitations act limits the time you can claim your charges back, to 6 years in England and 5 years in Scotland (well give me them and let a judge decide, S.32 (1) © of the limitation act, I paid the charges because I thought they were lawfully due, now I know different but they have known for years) do I write back? because I feel like I'm getting nowhere. Or just Inform the ICO any help/suggestions greatly appreciated

thanks in advance.

Nick

[caro]

Don't bother responding to her points. When you do your claim you can deal with the SOLA issues.

 

Did you contact the compliance department too, and if so what response have you had? Inform the ICO, but you might want to send YB a LBA giving them 7 days to comply with the SAR or you will take court action.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

[nickt1976]

Hi Caro,

thanks for reply. I did contact the compliance department and their response was nothing.... (sent on 29/4/07) Have sent YB two LBA's already so do you now suggest the ICO route. My court will not do DPA/SAR claim on an N1 we have tried with MBNA, putting all the relevant points forward for it to be done on an N1 but they won't budge.

thanks in advance and your help is much appreciated.

Nick.

[caro]

Which court and why? You could try a different court. ICO yes, but all they do is send the banks a list of complaints each month and tell them to sort them, so don't hold your breath.

[nickt1976]

Hi Caro,

Pontefract County Court but this was on 18th Jan 07 I think it was a part8 , pre- action disclosure,does this sound right? So it looks like we have a long wait then, any suggestions ?

once again your help is much appreciated.

Nick

[westwell]

A quick update, I recieved a letter from my local branch saying sorry for the mix up and the statements aren't £5 each. They will send all my statements going back to the early 1990's in the next 10 days free of charge because I have already paid my £10.

So I don't know if its just in response to my letter to the branch or if the email to Ms Melvin helped.

[nickt1976]

Hi Westwell,

thanks for update, sorry for delay in replying. Hope they come up with them for you. My email / letter didn't work but I'm hoping these came out before they got the email/letter will keep you posted.

Nick.

[Pheobe Buffet]

Hi

Sorry to barge in on your post, I am dealing with YB at Pontefract at the moment, and surprise surprise- they are being total morons and I am now just about to sort out my court letter....

 

I would be dealing with Pontefract County Court - so does it sound like they dont deal with this type of thing and would I need to go to Wakefield or something?

 

Talk about messing us all about!

Claire

[nickt1976]

Hi, Pheobe Buffet, sorry for late reply.

Yes they sent my claim for non-compliance to Leeds(I think) and the district judge there said it couldn't be done on an N1 and that I would have to submit it as a pre-action disclosure. I don't know why and I argued all the points to treat it as a claim for non-compliance of my request for all my personal data DPA/SAR but they wouldn't.Try your luck(before you go elsewhere) and see if they have changed their minds as more people are doing this now (claiming charges) if you do and they have changed their minds on this will you post it up on here please and let me know. Yes your right, 'what a lot of messing about'.All in all Pontefract court have been excellent though.

Best of luck.

Nick.

[caro]

Did you claim any money in your SAR claim Nick, or just ask for them to be ordered to comply? Small claims is just about financial claims, so you need to claim money too. Just a thought.

[nickt1976]

Hi Caro,thanks for reply.

Yes I claimed just a small amount, think it was about £52 something,so it was not just for my Data. Don't know why they wouldn't, have you any idea why? or do certain courts do this.

Thanks in advance

Nick

[westwell]

Just a quick update, I have recieved some microfilm statements 1994-1995 no charges on tho. I think my charges will start around 1998ish. The letter says the rest of the statements to follow

[caro]

Very interesting westwell! Is that as far back as your account goes?

[westwell]

I am sure I opened the account arount 1990-1991 but the statement from july 1994 is dated number 1 so I don't know.

I am not going to query because I know I don't have any older charges because I was good with my money in them days..

[nickt1976]

Hi Westwell

Just seen your post, I've had nothing(statements) yet and the 40 days for SAR have long gone( sent 2/3/07 ) and no response to the 7 day deadline (extra time), this info is for a credit card, loan and bank account. Your lucky to have got all this info through I can't even get my basic 6 year statements on either of these accounts lol! but I will keep at them and issue ,if necessary, a claim at another court if they don't arrive this week. I think they have had long enough and I will want 'everything' they have with regards to my data. Will keep you posted if anything happens.

Well done.

Nick.