Refunds

[zootscoot]

Can anybody who has been offered a refund by their bank which equates to the difference between 12.00 and the actual charge please post a reply here stating the bank involved.

Cheers

Zoot

[Allyxia]

Not a bank as such but Capital One credit card did this on both My hubby and my card. Pursued the full amount after this offer and got the lot refunded.

[ecobabe]

capital one offered the difference to me on credit card. I of course accepted as an interim payment of full amount

[gizmo111]

Barclaycard payed difference into my account after Subject Access Request - now have ongoing claim for compliance of Subject Access Request as I have never received a thing.

	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.

[Glenn UK]

Barclaycard offered me the difference too.

[gizmo111]

Originally Posted by Glenn UK

Barclaycard offered me the difference too.

At what point? I never received anything from them by way of list of charges just a refund of difference into my account after Subject Access Request.

	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.

[ozzywizard]

That is weird, so they still have not met the (Subject Access Request), How long left of the 40 days ? . Maybe send them a reminder they have xx days left, just to show them you want the information you legally requested.

	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.

[norvernrob]

Capital One tried it with me, and NatWest have just refunded the difference to my girlfriends CC, and sent a letter with a load of garbage about the OFT report etc, ending in 'we therefore refund the amount of £208 in full and final settlement of your claim'

I don't think so somehow!

	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.

[gizmo111]

Originally Posted by ozzywizard

That is weird, so they still have not met the (Subject Access Request), How long left of the 40 days ? . Maybe send them a reminder they have xx days left, just to show them you want the information you legally requested.

oh god well out of time issued a claim for non compliance on 11th August

[Will Scarlet]

Citicards have done this to a friend of mine.

[gizmo111]

Originally Posted by timharrow

Citicards have done this to a friend of mine.

Someone on here?

[Will Scarlet]

Originally Posted by gizmo111

Someone on here?

yes, i believe she goes by the name "red fox"

[SilkySmooth]

Barclaycard and Capital One have both offered me this.

[ukaviator]

Hi Zoot

Halifax and Capital one offered back the difference.

Uk..