That Wild Billy Letter - FoIA request to OFT and ICO decision

[Amethyst]

Re: That Wild Billy Letter - FoIA request to OFT and ICO decision

If he has put one in for the same info and been denied it on section 41 etc grounds, then u turned down on different grounds, surely thats cause for complaint in itself. From that last letter sounds like he's carrying on the request. Some of their reasoning is interesting too.

[EXC]

Re: That Wild Billy Letter - FoIA request to OFT and ICO decision

If he has put one in for the same info and been denied it on section 41 etc grounds, then u turned down on different grounds, surely thats cause for complaint in itself. .

Exactly.

[EXC]

Re: That Wild Billy Letter - FoIA request to OFT and ICO decision

It looks like the OFT have missed todays' 20 day deadline for a response to my refined request despite the Information Commissioner's finding in the Decision Notice on the original request that

OFT breached section 1(1)(b) and section 10(1) in failing to disclose the information requested at parts 2 and 4 of the request within twenty working days.

The Decision Notice also reminded the OFT that

Section 1(1) states that any person making a request for information to a public authority is entitled to (a) be informed in writing by the public authority whether it holds the information and (b) to have that information communicated to him. Section 10(1) states that a public authority must comply with section 1(1) promptly and no later than the twentieth working day following the date of receipt of the request.

[Tools]

Re: That Wild Billy Letter - FoIA request to OFT and ICO decision

Has it been 20 working days yet Nick?

[EXC]

Re: That Wild Billy Letter - FoIA request to OFT and ICO decision

Yep. The acknowledgement letter stated:

''Under the FoIA a public authority must inform the applicant in writing whether it holds any information relevant to their request and, if it does, supply this information to the applicant subject to certain exemptions. We try to respond to all requests promptly but no later than 20 working days after receipt, and will therefore aim to answer your request in full no later than 16 March 2009.''

[Tools]

Re: That Wild Billy Letter - FoIA request to OFT and ICO decision

So what is the course of action now, or what if any action will be taken by the ICO ?

[EXC]

Re: That Wild Billy Letter - FoIA request to OFT and ICO decision

Let's not contemplate that yet. I'm still hopeful!

[EXC]

Re: That Wild Billy Letter - FoIA request to OFT and ICO decision

After nearly 2 years of wrangling the OFT have finally released some information although much was heavily redacted. The yellowed-out 'banks charge costs' analysis are very teasing.

From my point of view the most interesting item is the first paragraph from redacted version of a board paper dated Feb 06:

''Following consultation with 8 leading credit card issuers we have concluded that default charges in credit card contracts across the sector are unfairly high in terms of the UTCCR regulations and therefore unlikely to be enforceable against consumers''


Annexe 4 Redacted Submission to Chairman Dec 05
Annexe 5 Redacted Submission to Chief Executive Feb 06
Annexe 6 Redacted OFT Board Paper Feb 06

I'll post up the letter later.

[Amethyst]

Re: That Wild Billy Letter - FoIA request to OFT and ICO decision

Response from FSA on a FOI I put in a while back

Our ref: FOI1191

Dear Ms Amethyst
Thank you for your request for information under the Freedom of Information Act 2000 (the Act), for the following information:

• “1. The number of complaints from personal current account customers since 27 July 2007.
  2. The total number of relevant charges complaints about which the firms have sent the complainant a final response since 27 July 2007.
  3. The total number of relevant charges complaints about which the firms have put on hold since 27 July 2007.
  4. The total number of relevant charges complaints where since July 2007;
  (a) complainant has claimed to be in financial difficulty;
  (b) the firms:
  • • • • (i) accepted a claim that the complainant was in financial difficulty;
          (ii) rejected a claim that the complainant was in financial difficulty; and
          (iii) the firm has not yet made a decision accepting or rejecting a claim of being in financial difficulty.
        
        
      
      (c) the firms have been notified by the Ombudsman that a claimant’s claim to be in financial difficulty is to be assessed by the Ombudsman.
    
    
  
  With regards to court stays on claims regarding unauthorised overdraft charges
  5. The total number of stays of relevant proceedings in the courts of England & Wales, Scotland and Northern Ireland in place for the firms since July 2007
  6. The total number of court proceedings involving the firms relating to unauthorised overdraft charges formally commenced, by way of service on the firms:
  (a) that have been stayed since July 2007;
  (b) in which a stay was refused since July 2007; and
  (c) in which a stay has been lifted since July 2007
  7. The total number of court proceedings involving the firms relating to unauthorised overdraft charges resolved since July 2007(whether or not previously stayed).
  8. The average number of business days taken by the firm from the point that a claimant claims to be in financial difficulty to the time that the firm makes a decision to accept that the complainant is in financial difficulty in respect of those relevant charges complaints where the firm has made such a decision since July 2007.
  9. The total number of complaints received by the FSA since July 2007 with regards to breaches of the FSA waiver terms since July 2007.”

Your request is currently being processed and I am writing to advise you that we are able to provide you with information in relation to point 1-8 of your request. However, with regard to point 9, the cost of complying with this part of your request would exceed the amount set out in regulations made by the Department of Constitutional Affairs (now the Ministry of Justice). These regulations provide that, for the FSA, the cost limit is £450 at the rate of £25 per person hour.
As the information you have requested in point 9 is held in each supervisory area and is not recorded separately, it would mean searching through all the relevant files in each area to collate the information and provide it to you. We would be unable to do this within the cost limit as described above. Could you please confirm that you wish us to continue processing question 1-8 of your request on this basis.
Please note that under new guidance that was issued by the Ministry of Justice and the Information Commissioner's Office entitled "Freedom of Information & Environmental Information Regulations - Hints for practitioners handling FOI/EIR requests", the following advice has been given with regard to the clarification of requests:

• • "The day after the clarification is received by the public authority the 20 working day period begins" (page 14).
  
  

I have attached the link to the Guidance for your information:
http://www.ico.gov.uk/upload/documents/library/freedom_of_information/practical_application/foi_hints_for_practitioners_handing_foi_and_eir_re quests_2008_final.pdf
The 20 working day period will therefore commence once we have received your confirmation to continue processing your request.
If you have any queries please contact me.
Yours sincerely

S. Spies (Mrs)
Information Access Team

[EXC]

Re: That Wild Billy Letter - FoIA request to OFT and ICO decision

I really don't understand why Q9 is so difficult for them to answer. It was the same with the OFT. Tell them to start by looking in a tray marked 'Complaints'?

I'd reccomend telling then to press ahead with 1 to 8 and you'll consider your response to their refusal on Q9.

To be honest they appear to be willing to release some very good info as things stand.

[Amethyst]

Re: That Wild Billy Letter - FoIA request to OFT and ICO decision

Done Have asked them to proceed with 1 - 8.

Will reconsider Q 9 - i think I worded it to encompass the entire FSA Waiver regime -so possibly redact it and ask for it later under its own FOI, and split it into specific areas.

ta daaaa

Our ref: FOI1191

Dear Ms Amethyst

I confirm receipt of your email. We will continue processing your request in relation to questions 1-8.

Thank you.

Yours sincerely

S. Spies (Mrs)

Information Access Team

[EXC]

Re: That Wild Billy Letter - FoIA request to OFT and ICO decision

This is the letter that came with the information. The decision to redact most of the information which was taken by the Board

[enaid]

Re: That Wild Billy Letter - FoIA request to OFT and ICO decision

S. Spies (Mrs) what a cracking name for a Information Access Team worker, I bet her first name is Shelia and they call her She for short.

[righty]

Re: That Wild Billy Letter - FoIA request to OFT and ICO decision

Or SS:tinysmile_grin_t: