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Brief summary.
SAR made 22nd June 2009 (to reclaim bank, loan, plus credit card penalties). SAR fee banked at once.
Waited 40+ days for the data to arrive, but nothing showed up.
Delivered second letter/LBA to my local branch on 10th August giving 7 more days to provide the info requested.
Still no data.
Lodged a complaint with the ICO on 18th August.
Later that same week (after complaining to the ICO), I received some of the data, but not all of it. I was able to calculate my current account charges from 2001-2009 (about £1,500 with 8% on top), but not for my credit card and loans. They only sent credit card statements from 2003 onwards and only two of them.
They included a note saying that they'd forward the missing data from the loans department shortly.
I sent another letter (7th September), pointing out exactly what was missing and what I wanted: credit card statements earlier than 2003 as well as data for my settled loans and my current, defaulted loan.
The day after, I received more bumph concerning my settled loans, but not everything I expected. There were no T&Cs (I want to check on PPI status for each), nothing with my signature on and nothing at all relating to my current, defaulted loan.
I waited a few days for them to respond to my letter (I probably didn't wait long enough) and then delivered a N1 to my county court on 17th September, with a breakdown of costs/damages totalling about £170.
I say I didn't wait long enough, because the day after I filed the N1, I received a reply from Lloyds saying that they've sent everything they can but will send on an I&E form (they never did and I asked three times). They say they've provided all credit card statements and that "in accordance with out retention policies, statements dating back to 1998 are no longer held."
Back to 1998? They sent two from mid-2003 and on the earliest one it said I needed to contact them urgently about arrears, so I'd obviously like to see the statements that came before it. (I specifically said that I wanted EVERY credit card statement from when my account was opened in 1998. Are they really that thick or just pretending to be so that I don't see these penalty charges?)
They said the same about loan agreements: no longer held due to retention policies (my loans were taken out in 1999 and 2000).
I didn't bother writing back.
Received their defence on 17th October. They challenge everything. They say they've complied with SAR, that my "losses are inadequately particularised" and "not caused by any actionable wrongdoing on the part of the bank" and requests that the claim be "struck out" and that I pay their costs.
Yesterday the Allocation Questionnaire (Small Claims Track) arrived with an offer of a free mediation service.
What would you do? Any advice gratefully received, as I'm really nervous about having to go to court and especially about having to pay their costs if I lose.
I'm not convinced that I've got all the info they could have sent and believe I'm still entitled to request the costs I incurred in trying to make them comply. One letter and cheque for £10 should be all that it takes after all. But if the judge believes them when they say that they've sent all they can because the rest is no longer held, surely they can do no more in his eyes and I look unreasonable. I read that the claim could be heard outside the small claims track if they can prove that my conduct has been unreasonable and then they can push me for costs.
I can't afford to go to court if this is the case.
Please tell me what you would do in this situation.
Thanks,
FM
SAR made 22nd June 2009 (to reclaim bank, loan, plus credit card penalties). SAR fee banked at once.
Waited 40+ days for the data to arrive, but nothing showed up.
Delivered second letter/LBA to my local branch on 10th August giving 7 more days to provide the info requested.
Still no data.
Lodged a complaint with the ICO on 18th August.
Later that same week (after complaining to the ICO), I received some of the data, but not all of it. I was able to calculate my current account charges from 2001-2009 (about £1,500 with 8% on top), but not for my credit card and loans. They only sent credit card statements from 2003 onwards and only two of them.
They included a note saying that they'd forward the missing data from the loans department shortly.
I sent another letter (7th September), pointing out exactly what was missing and what I wanted: credit card statements earlier than 2003 as well as data for my settled loans and my current, defaulted loan.
The day after, I received more bumph concerning my settled loans, but not everything I expected. There were no T&Cs (I want to check on PPI status for each), nothing with my signature on and nothing at all relating to my current, defaulted loan.
I waited a few days for them to respond to my letter (I probably didn't wait long enough) and then delivered a N1 to my county court on 17th September, with a breakdown of costs/damages totalling about £170.
I say I didn't wait long enough, because the day after I filed the N1, I received a reply from Lloyds saying that they've sent everything they can but will send on an I&E form (they never did and I asked three times). They say they've provided all credit card statements and that "in accordance with out retention policies, statements dating back to 1998 are no longer held."
Back to 1998? They sent two from mid-2003 and on the earliest one it said I needed to contact them urgently about arrears, so I'd obviously like to see the statements that came before it. (I specifically said that I wanted EVERY credit card statement from when my account was opened in 1998. Are they really that thick or just pretending to be so that I don't see these penalty charges?)
They said the same about loan agreements: no longer held due to retention policies (my loans were taken out in 1999 and 2000).
I didn't bother writing back.
Received their defence on 17th October. They challenge everything. They say they've complied with SAR, that my "losses are inadequately particularised" and "not caused by any actionable wrongdoing on the part of the bank" and requests that the claim be "struck out" and that I pay their costs.
Yesterday the Allocation Questionnaire (Small Claims Track) arrived with an offer of a free mediation service.
What would you do? Any advice gratefully received, as I'm really nervous about having to go to court and especially about having to pay their costs if I lose.
I'm not convinced that I've got all the info they could have sent and believe I'm still entitled to request the costs I incurred in trying to make them comply. One letter and cheque for £10 should be all that it takes after all. But if the judge believes them when they say that they've sent all they can because the rest is no longer held, surely they can do no more in his eyes and I look unreasonable. I read that the claim could be heard outside the small claims track if they can prove that my conduct has been unreasonable and then they can push me for costs.
I can't afford to go to court if this is the case.
Please tell me what you would do in this situation.
Thanks,
FM
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