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My wife wrote to Morgan Stanley asking for details of charges under Data Protection Request. THe have written to her enclosing statements... and have offered £187 on the grounds that this represents the difference between the £12 charge ruled by the OFT and their charges.
I'm not sure how we respond.. at a quick glance there are over £500 of late charges, but we haven't got to the stage of asking for it.. and they've made an offer
Can someone advise me how to respond as there isn't really a template letter to reject an offer before you've asked for anything.
My wife wrote to Morgan Stanley asking for details of charges under Data Protection Request. THe have written to her enclosing statements... and have offered £187 on the grounds that this represents the difference between the £12 charge ruled by the OFT and their charges.
I'm not sure how we respond.. at a quick glance there are over £500 of late charges, but we haven't got to the stage of asking for it.. and they've made an offer
Can someone advise me how to respond as there isn't really a template letter to reject an offer before you've asked for anything.
Thanks
Dont know if its the right thing but send my prelim letter and acknowledge there offer and if your not happy with what they offered state in your prelim letter that you,ll accept this as part payment but you will continue claiming for the rest.
Good luck delly x
Halifax cc Won settled in full after moneyclaim.
MBNA WON SETTLED IN FULL....
IKEA Data Protection Act sent 12/7/06 prelim sent 11/08/2006 gone to moneyclaim Ikea said they,d pay up but have yet to see the money
My wife wrote to Morgan Stanley asking for details of charges under Data Protection Request. THe have written to her enclosing statements... and have offered £187 on the grounds that this represents the difference between the £12 charge ruled by the OFT and their charges.
I'm not sure how we respond.. at a quick glance there are over £500 of late charges, but we haven't got to the stage of asking for it.. and they've made an offer
Can someone advise me how to respond as there isn't really a template letter to reject an offer before you've asked for anything.
Thanks
I had the same from Barclaycard but no statements so I sent this to them - feel free to use any bits that may help.
I refer to the letter received from yourself dated 5 July 06, in response to my Subject access request under the Data Protection Act 1998.
Whilst I thank you for having the foresight to anticipate that I will be reclaiming all unlawful charges on my account, I would like to bring it to your attention that I have not yet received my statements as requested in the aforementioned letter of 16th June 2006, I take this opportunity to remind you that the 40 day expiry is 29th July. I would therefore point out that the refund of £74 that you have credited to my account is not a Full and final settlement and I shall be claiming the balance of the unlawful charges applied to my account, and I will therefore accordingly reduce my claim by the £74 that you have refunded.
I refer to paragraph 3 of your letter where you highlight my reference to case law, again I would like to point out that the letter I sent was a request for data held on me under the data protection act and no such reference was made.
I therefore request that you respond appropriately to my letter of 16th June within the 40 day timescale, by supplying me with the information that was requested at that time. I enclose a copy of the original letter.
Hi Bradden, what address did you post your data request letter to? Im just ready to start on my Morgan Stanley card but cant find an address for them on this matter. Hope you can help!
My request
I am writing to ask you to refund to me the charges which you have levied from my account over the last six years.
I refer to the letter received from yourself dated 24th August 2006, in response to my Subject access request under the Data Protection Act 1998.
Whilst I thank you for having the foresight to anticipate that I will be reclaiming all unlawful charges on my account, I would therefore point out that the refund of £187 that you have offered not a full and final settlement and I shall be claiming the full sum of the unlawful charges applied to my account.
I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.
Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair perse by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.
Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.
I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.
What I require
I calculate that you have taken £360. Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.
In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.
My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.
I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.
If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.
Yours Faithfully
I have copied your letter and intend to send it to morgan stanley, as they offered me a derisory first offer, without predudice...hope thats ok with you?
Morgan Stanley
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Originally Posted by Bradden
Re: Morgan Stanley
