Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
My initial letter stating that I wanted A&L to provide a Breakdown of charges reulted in the Bog Off, you aint getting your money back reply, with no reference at all to my request to provide the info that I asked for.
A further letter, at 30 days, stating the fact that they had 10 days left to produce the docs that I required has resulted in a letter stating that "We already told you to bog off", with still no reference or appearance of list of charges.
Having read the ICO website, it seems that (according to them in a statement in their website) I shall be in a queue and it may well take months just for them to look at the case!!!
IF you did indeed make a proper S.A.R - (Subject access request) with the £10 fee enclosed, then they are now in breach of the Data Protection Act, and you can take steps to enforce compliance. A court order can be issued under section 7 and 15(2) of the data protection Act 1998. As ever though, always do your research and be sure you know what your doing before taking this action. It would help if you gave us details, ie, was it a SAR as per the template in the library, what date did you send it, and did you enclose the fee. Here is my Data Protection Act non-compliance letter before action. Feel free to use it if you wish;
(YOUR ADDRESS)
(BANKS D.P.A ADDRESS)
(DATE)
LETTER BEFORE ACTION
Dear Sir/Madam
ACCOUNT NUMBER: ****************
You have failed to comply with my Data Protection Act 1998 Subject access request. This request, dated (**/**/**), was sent to you by first class recorded delivery on (**/**/**), along with a postal order for the statutory maximum fee of £10. Please find a copy of the Subject Access Request enclosed with this letter, along with a copy of the proof of postage. A copy of this was also enclosed within the letter of reminder I sent to your department dated (**/**/**)
The 40 day’s allowed for compliance expired on (**/**/**), and as such you are now in breach of the Data Protection Act 1998.
I require this information to be furnished immediately. If you have not complied IN FULL within 7 days of the date of this letter, I will file a county court action under Section 7 and 15(2) of the Data Protection Act 1998 at 9am on the morning of (**/**/**)
Furthermore, I will file an official complaint with the Office of the Information Commissioner, as well as the Financial Services Authority.
Yours faithfully
(YOU)
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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
A&L FINALLY sent me the info I requested after stalling tactics, letters of apologie for misunderstandings etc...but I digress. According to the staements they have charged me £25 overdraft Charge every month. Is this a fee for using the overdraft facilty and is it to be included in the "unlawful charges" of my request to pay back what they have charged me over the last three years?
No its an unlawful charge for going overdrawn or over your overdraft limit, they charge it on the first day your O/D then again 5 days later if you're stilll O/D so it could be £50 per month!
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
A&L Have not responded to my DAR
of charges reulted in the Bog Off, you aint getting your money back reply, with no reference at all to my request to provide the info that I asked for.
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