I'm in Cahoots...Not!!!

[rosco1977]

I sent a Data Protection Act request to Cahoot on the 26th April via snail mail. Received the standard email back from their complaints department saying they would look into my complaint and get back to me within 5 working days. I'd heard nothing until today when they rang me up for the first time ever to say that my account was £118 over the overdraft limit and that I would soon have my account put into default.

I said that I was waiting for a Data Protection Act request to be dealt with before I was willing to make any payments and discuss my account further.

The woman on the phone then said she would chase the complaints department and put me on hold to speak to her collegue. When she came back to me she said that they had sent me details of my BANK CHARGES via e-mail or through their online message system on the 12th of May. I checked both while the woman was on the line and and there was nothing. I then reinformed her that I had requested a full Data Protection Act and not details of my bank charges and I would wait until I had received this before continuing with the conversation further. She said she would chase up the complaints department to get this done and that I would have 10 days before my account goes into default.

I don't care about going into default as 3 of my other accounts have done so due to me making reduced payments through the CCCS and another one doesn't really make my credit score any better.

I stupidly forgot to take her name as the call took me by suprise. I thought I'd let know all this as it is interesting that they mentioned bank charges as a reply to my Data Protection Act (surely this presumption is illegal) and the fact that this call comes after I make my Data Protection Act request (I've been £118 o/d for around 3 months).

	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.

	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.

[rosco1977]

I got a letter from Cahoot today dated the 12th May (hmmm the envelope was franked on the 15th which is the same day I spoke to the lady above!!) saying that my charges total £1160. Why do these banks presume that you only want this information when you specifically request a subject access? This is the 3rd bank to do this!!!!

Oh well I'm going to start proceedings against them now. Then I'm going to re-request a Subject Access Request just to make sure they haven't been lying to me.

	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.