You may be interested in the attached letter I sent to a 'Big 4' bank
yesterday. I would appreciate any comments, mainly on the Data
Protection implications, as it amounts to a subject access request.
Nigel
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21 July 2006
Xxx Xxxxxxxx by fax
Manager
Customer Accounts
Lloyds TSB Bank plc
Brighton
BN1 4BE
Dear Ms. Xxxxxxx
Thank you for your l etter of 17th July 2006 (copy attached). My date
of birth (for identification) is **/**/****. Please note that relevant
account is Accucard number **** **** **** **** (My enquiry does not
relate to the new account ending in ****).
Secondly, please note that I am not asking for ‘copy’ statements.
No paper statements are normally issued for my Accucard account – one of
the conditions on the account was that it was an entirely paperless
account whereby all statements on this account are made available by the
Internet banking facility at www.accucard.com (“the Online Statement”)
and could be reviewed by me using an Internet Browser program.
Several months ago, your Bank told me that my Accucard was to be
replaced by a Lloyds Bank Platinum card and that my account number would
change.
It was not made clear to me at this time that any of the other
operational characteristics would change, nor that, certain major
benefits, such as Online Statement access would be withdrawn.
Despite this, your Bank, entirely without notice, removed my ability to
access my online statements last month. This is entirely unacceptable to
me and is a breach of the Accucard Agreement. I was never able to view
the most recent Accucard statement at all.
Please note that I absolutely require you to restore the access to my
statements in order thjat I maintain the required records for taxation
purposes (for up to 6 years statements). Your Banking Licence must
require you to retain this records similarly. I also need them to be
able do my books and expense claims for my company. I have tax return
deadlines to meet, which you are now jeopardising, risking an
administrative tax penalty.
In view of the all above, I asked, and your colleague agreed, to restore
my access to my account statements for the abovementioned Accucard
account. However at the same time he told me that your bank is now only
prepared to make available these statements on paper. Although I would
have preferred that you restore my access to the Internet Statement
facility where I could download them as before, I accepted this.
Today I receive your letter threatening to charge me over £250 (£6 per
statement) for this. This is even more unacceptable.
Please note that I require from you, within the statutory time period,
every piece of information stored by the Bank about me, including the
operation of my Accucard account. This includes copies of all statements
on the account issued since the account was opened in 2002.
I am entitled to all this information by virtue of our Agreement, and by
rights that obtain under the Data Protection Act.
By law you may only charge me a maximum of £10 for this enquiry. I
confirm that, under protest, I will authorise such a charge of £10 to my
Lloyds account, but I hereby give you notice that any and all charges
you make against me will be claimed back from you (in Small Claims court
if necessary) since the necessity of having to exercise my rights in
this manner flows directly from and is a direct consquence of your
withdrawal of my Online Statements without notice.
Furthermore, in processing this request, the law allows you to have me
to provide you with only such additional information as in necessary to
identify me. As you have my name, address and date of birth both in this
letter and on file, it is clear that you have all the identifying
information you need, and therefore the statutory time limit runs from
the date of transmission of this fax.
Please also note, that in attempting to respond to your letter, your
staff refused to put me through to you.
Today I spent 40 minutes on the telephone to the number you gave me (see
attached letter). I spoke to XXX XXXX and to ZZZZ ZZZZZ. The former was
unable to determine whether you existed. The latter evenutally located
you, but was only able to get through to your answering machine. For
training purposes, you may wish to refer to the recording of the
conversation with Mr XXXX, in particular. (Please note, that you are
also required to provide me with copies of the recordings you have made
my calls, today and in the past).
Whilst on the telephone I was given to understand there was a policy of
not allowing customers to speak to you as you were a ‘higher up’ and did
not take calls from customers. As a customer, this give me an extremely
poor perception of your Department, and of the Bank. You should not
write letters under your name if you are not prepared to answer to your
customer for the contents!
Accordingly unless I receive a satisfactory initial response to this
complaint within 3 working days I will write to each of the Directors of
the Bank, at each of their home addresses (a matter of public record at
www.companieshouse.gov.uk) since I have been unable to get any sense out
of your soi-disant “inbound call centres”.
The one light at the end of the tunnel (after 40 minutes on your premium
rate 0870 number) was that I told by YYYY that the Bank makes no charge
where paper statements are required for tax purposes. If this is true, I
look forward to receiving such statements being sent within 5 working
days of today.
I trust your Department will telephone me tomorrow at the latest to let
me know how you will resolve this issue?
Nigel Roberts
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