Subject Access Request - Sole Trader

[thereisanotherway]

Hi,

This is my first post, seen lots of data, but would appreciate help in finding out a few specific things - please forgive me if these have already been answered - just point me to the right spot and I'll go quietly!

I'm about to start an attempt to reclaim charges from the NatWest.
I am a Sole Trader, with an Advantage Business Account.

Can I use the standard Subject Access Request? I don't have an accountant and have moved 3 times in the last 6 years, so it will take some time to gather all the statements together. Do I have to word it differently?
- Same question for the Preliminary approach for repayment letter?

Have just read jonnie2bad's guide to business claims - can anyone expand on this at the beginning?Unfortunately, following the decision in OFT v Abbey and others 2008, it is no longer advisable to reclaim charges from business accounts.

Thanks for your help and good luck to everyone.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[yourbank]

It is to do with the Law surrounding penalty charges. I will bump this so others can respond to your query

[thereisanotherway]

I've been busy reading posts and threads and decided to send off an Subject Access Request, figuring there's nothing to lose. To my surprise the bundle of statements for the last six years arrived within 1 week (the £10 cheque has not been cashed or returned) Just finished adding to spreadsheet and find that charges amount to just over £2200 all referral fees or unpaid DD's & SO's, before interest. With all the successes of business claims recently - I now feel more fired up to make a claim!
Am I right in thinking that the wording of the letter needs to be changed in light of the test case?
Going to do some reading up on interest calculations - anyone got a link?
Thanks, I'll keep you posted.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[MARTIN3030]

Welcome to the site.Its not unusual for Banks to return the S.A.R - (Subject Access Request) charge-I was given mine back by Barclays.
The Template for Business accounts is still valid since the ruling on whether the charges are unfair within common law has yet to be ruled on.Additionally it is not clear if Historical charges are recognised as unfair-the Judge in the test case has reserved judgement until a later date.
I suggest having a read through some recent threads in the business claims section.-in fact I will move your thread there now.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[thereisanotherway]

Thanks for your help - I will continue reading - still a little unsure of the significance of 'historical charges' - do I need to know when my t&c's were changed? Does this make a difference to what years I should be claiming for?
My account is still live and has been running since 1987 - is it advisable to ask for statements going beyond 6 years?

For anyone else struggling with calculating the interest bit - I found steven4064's Interest Tutorial in the Bank Templates Library very useful - Everything is much clearer now.

Bye for now......

	Materials library Follow this link to our library where you can use our templates and other references free of charge. You must be registered to use them - but registration is free.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[MARTIN3030]

Hi yes the crux appears to be this as you say.Older charges certainly had different terms and conditions.I understand some of the banks are declining to send pre 6 year statements-I dont know the position with NW/RBS perhaps YB can shed some light on that.I know of 3 claims that have been settled out of court that involved pre 6 charges recently.Barclays keep statement Archives for 12 years and I was able to go back to 99 with mine.Its an ongoing claim-which does involve limitation arguements.

[thereisanotherway]

Update - NatWest have cashed the £10 Subject Access Request cheque!
I think I will stick to the 6 year claim for now and look into pre 6 year charges at a later date, if that's allowed.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[thereisanotherway]

Almost ready to send preliminary letter to bank - would it be advisable to get another account up and running first?

[thereisanotherway]

Hi, NatWest signed for Preliminary Request for Refund on 30th Sept. No Response - Is it time to send Second Letter?
Thanks

[thereisanotherway]

Update:
Sent off LBA and have just received an offer, which is about 2/3rds of my claim (tempting!), but I think i'll send rejection letter but accept as partial settlement.
Is this just a random offer, or have they got some calculations about which charges they are refunding?
Has anyone managed to get a full settlement from NatWest after rejecting their offer, or will I have to go to court?
Any suggestions or advice much appreciated.
Thanks

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[Trilby274]

Hi thereis - slightly surprised that you got an offer at all! Maybe the RBS Group have been working behind the scenes and are beginning to feel that they can't make a case, so are possibly getting into a damage limitation exercise. My personal view (non-legal) is to keep going for the full amount.

Go get 'em tiger

[MARTIN3030]

What are the terms you cited in your request ?I mean under which law did you request ?

I am quite suprised they have made you an offer-although in his judgements the test case Judge wanted more info from NatWest/RBS before deciding on their charges.
There have been full settlements,but to my knowledge not for some time.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[thereisanotherway]

Hi Trilby & Martin - No-one more surprised than me!!

I sent the standard business templates (from this site) for prelim. and LBA - in my LBA I added that I was disappointed not to have had a response from them.

I then received an apology, saying it had been misfiled as a personal claim, and stating it would take 6-7 weeks to sort it out.

Shortly after I received first offer.

I sent back partial acceptance letter, and have just received an increased offer. Seriously considering accepting this one (about 85% of claim), considering current climate and how long it would take to get to court etc.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[Trilby274]

Well Well Well. I put my personal claim in first because I thought that would be the most likely to be actioned. My business claim is for considerably more and, in the light of your experience, I think I will get started on it straight away.

Up to you of course, but I think I would be tempted to go for the jugular.