Bet most of you forget this!!!

Gary67 · 17th April 2007, 02:22

Although I have now claimed on 5 accounts and have 3 court cases pending I am now claiming for my partner and am just writing yet another Subject Access Request.

While reading this I noticed that on the Subject Access Request request it actually states that I will be reclaiming the £10 charge if I decide to take action, so far on my claims I have failed to do this and my guess is so have an awful lot of others.

Just a thought, but it's another tenner!!! ( or in my case 50 quid!! lost ).

John72 · 17th April 2007, 09:59

Surely that's a legitimate cost of you obtaining information under the Data Protection Act? How can that be reclaimable in the same way as the bank default charges are?

John

PPMAN159 · 17th April 2007, 10:02

Agreed-it is not a charge that has been levied by the bank so as such it is not reclaimable.

But if you get your money back with 8% interest on top, then surely that more than makes up for the initial Data Protection Act charge!

Gary67 · 17th April 2007, 10:52

BUT, if the charges weren't illegelly taken in the first place then we wouldn't all be sending for this information. Therefore it becomes part of the problem and IS claimable.

PPMAN159 · 17th April 2007, 10:56

We will agree to disagree.

John72 · 17th April 2007, 11:11

The £10 charge is one that, although levied by the individual data provider (in these cases the individual banks), is regulated by statute and is a bona fide imposition. As such it is legitimately being charged by banks for providing, effectively, duplicates of information you will already have received from them in the form of bank statements etc.

Many claims against the banks will, of course, be proceeding on the basis of retained bank statements without the need for the Data Protection Act information being requested.

John

Gary67 · 17th April 2007, 11:19

Oddly enough I do agree, I just noticed that part of the Subject Access Request letter states that the £10 charge will be claimed back.

Perhaps it should be removed from the template letters if it serves no purpose.

(
PPMAN159We will agree to disagree.

:o reminds me of my ex wife, I once replied "no, because I'm right" and NEVER lived it down, I think it was about this time we realised we couldn't even agree to disagree and split up

"

PPMAN159 · 17th April 2007, 11:21

They never let you forget do they Gary!

Good idea about removing the £10 statement from the Subject Access Request

pt2537 · 17th April 2007, 11:41

surely , bearing in mind that the banks do not wish to see the inside of a court room you could insist they pay the ten pound charge for the Subject Access Request as its a cost that you incur on the road to reclaiming your bank charges.if they didnt take the money for unlawful charges in the first place then we wouldnt need to use the Subject Access Request and as they wont want to go to court they are surely gonna pay

PPMAN159 · 17th April 2007, 11:50

If that is the way that you feel PT then go ahead and add the £10 charge to your claim.

pt2537 · 17th April 2007, 11:56

hi PPMAN159,

it was just a thought, as we have seen the banks fold at the last hurdle so why not take the opportunity to get an extra tenner. its gotta be worth a try at least.

tenners better in my pocket than theirs after all

regards

paul

PPMAN159 · 17th April 2007, 11:58

Fair point

John72 · 17th April 2007, 12:02

Hi Paul

£10 is only £10 and, as you say, it might just slip through the settlement "net" at the end of the day. However, I think what we are all about is making a legitimate claim for those charges which are arguably unlawful and should never have been deducted in the first place. It is not for the defending bank to unreservedly be paying for all the costs you may have incurred in bringing the matter to Court?

John

Gary67 · 17th April 2007, 21:39

Quote:

Originally Posted by John72

It is not for the defending bank to unreservedly be paying for all the costs you may have incurred in bringing the matter to Court?

John

But they never get to court, if the banks paid up straight away they would save court costs & interest, and themselves a fortune into the bargain.

The point to this thread was to clarify what is written in the Subject Access Request, and I can see both sides, one, we only want our money back and two, we don't want to be seen to be a tight greedy bunch.

BUT, do the banks care about us when bouncing a £10 cheque and charging £35 for doing so?? It is a tough one that is probably split 50/50 as to whether it should be reclaimed or not.

babynan · 17th April 2007, 22:02

Quote:

Originally Posted by Gary67

But they never get to court, if the banks paid up straight away they would save court costs & interest, and themselves a fortune into the bargain.

The point to this thread was to clarify what is written in the Subject Access Request, and I can see both sides, one, we only want our money back and two, we don't want to be seen to be a tight greedy bunch.

BUT, do the banks care about us when bouncing a £10 cheque and charging £35 for doing so?? It is a tough one that is probably split 50/50 as to whether it should be reclaimed or not.

HI,

I have been reading through these threads, very interesting. I would just like to say that as was pointed out that Subject Access Request template it does state that you would claim back the 10.00. I just wanted to say that many people include this fee in their claim and get it back ( I have included in all my claims)
As it has been pointed out, we would not have to make this request for statements etc if charges had not been added to the accounts. Also you will notice that many banks in fact are returning the 10.00 and passing on the info that you want for free............
I included the 10.00 Subject Access Request fee on the spreadsheet after the total of all bank charges., and then gave an overall total.
It also makes a big difference to people who are only claiming back a small amount but have had to pay this money to get the details

I suppose at the end of the day it is up to the individual, but if you claim back the 10.00 and you win your claim, this 10.00 is paid back within the settlement.

Good Luck

monopoly23 · 17th April 2007, 22:32

On my Subject Access Request template it didnt include the fact that I would reclaim the £10 charge but I will include it in my costs.

Also, the £10 is the MAXIMUM charge and Lloyds are perfectly happy to charge as much as they can and take this from us even though some banks are giving us our requested info for free...

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