Thread: Reclaim Your Bank And Card Charges
View Single Post
Old 16-08-2006, 02:33   #266
Scarlett
Inactive
 
Scarlett's Avatar
 
Join Date: Jun 2003
Location: St Neots
Posts: 872
Scarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful oneScarlett is the helpful one
Send a message via MSN to Scarlett
Re: Reclaim Your Bank And Card Charges
Quote:
Originally Posted by Mr Angry
Quote:
I would like to advise you that under a Data Protection Act Request, you will only receive the transactions that are currently held on our systems. These will be forwarded to you within 40 days, free of charge, under separate cover. Any earlier transactions have been archived onto microfiche, which is not covered by the Data Protection Act. These archived transactions will not therefore be supplied to you under a Data Protection Act request and will not be subject to the 40-day ruling.

Any bank / financial institution citing this as a reason for exemption / non compliance is chancing its arm.

Under the terms of the DPA Part 1: 1(c) it is stipulated that the data covered by the act includes all and any data held in relation to an individual which "is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system".

Microfiche IS a filing system. It forms a part of their archiving system and is, therefore, a part of their relevant filing system. Otherwise why do they have it?

The banks are simply trying to put claimants off by citing this nonsense as it is more expensive for them to convert microfiche records into legible understandable paper documents for claimants (which the act requires them to do).
Interesting given that the company in question have not responded within the 14 days I gave them. There reason when I phoned them earlier - apparently the microfilch is held off site and it takes upto 28 days to get a response and they won't pay claims without confirming them first.

I was already going to write a letter to them to advise that they had 14 days to cough up or I'd take legal action* (+costs) but this is more weight to the matter. I think a comment to the information commisioner is in order...

BTW does any one know if/when I can add the special delivery costs to my claim (to the registered office no less, none of this 'we didn't receive it' tosh for me)

*I send them a copy of the N1 form with full details...
Scarlett is offline   Reply With Quote