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Received my statements from Barclaycard today from the past 6 yrs. They have written in the covering letter that they will be charging me £3 per statement copy. Which obviuosly adds up to quite a lot. I sent them the cheque for £10 to cover the cost of retrieving my statements.
So my question is this, can they charge me £3 per statement legally, or are they pulling a fast one?
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
Thank you very much. I had a pretty good idea that they were taking the mickey saying they were charging me this. I will write to them asap and tell them so haha.
yes I'm afraid it does. Banks are not obligated to send you copy statements, they are however obligated under SAR to send you a list or schedule of your charges.
Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.
As you will see, the letter requests a complete list of transactions & charges - it goes on to say that copy statements would be acceptable as an alternative, as some banks are happy to send these, but they are not legally required to do so.
With the SAR you send fee of 10 pounds. This is all they can charge by law and will return all your statments within 40 days.
I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.
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yes they can charge you for statements because they are not under any obligation to send copy statements. (However, some banks will do so - out of the kindness of their hearts??) They are obliged to send you details of your charges. While I accept that many banks do send statements, under the letter of the law, they don't have to. That is why when you look at the charges/rate they publish, there is almost always a charge for copy statements.
I sent the standard S.A.R - (Subject access request) letter in the letter library. I am slightly confused now. Can they charge this or not then?
If you sent this exactly as it is and asked for transanctions then they cannot charge you more than £10 - have a look at your copy and see what you actulaly sent.
Sorry - and I acknowledge Gizmo you are far more experienced than I on this site - but under the letter of the law they are not obliged to send you copy statements. They are obliged to send you your charges, and they may choose to do this by sending copy statements, but they can just send you a list of your charges if they so desire, and transactions, but doesn't have to be in the form of a copy statement.
Checked my letter to B/card and it is worded as per the template for data protection act.
Well I will send them a letter saying that I believe they are wrong for charging me more than the usual fee of £10, which I sent with the SAR letter anyway and hope for the best.
Has anyone else come up against this problem, and if so did they claim the cost back when claiming back charges, is this something I could do?
yes, I have come up against this problem and eventually got advice from a barrister dealing in Consumer & Contractual law. The template letter is absolutely correct - but it DOES not say they have to supply you with copy statements-!! it says they must provide you with charges & transactions. They can do ths in any form they wish - if it suits them it CAN be statements, but it does not HAVE to take that form.
Sorry - and I acknowledge Gizmo you are far more experienced than I on this site - but under the letter of the law they are not obliged to send you copy statements. They are obliged to send you your charges, and they may choose to do this by sending copy statements, but they can just send you a list of your charges if they so desire, and transactions, but doesn't have to be in the form of a copy statement.
You are absolutely correct
Which is what I am saying - it is important that we know what she actually asked for - if she asked for transactions and charges and they supplied copy statements then they can only charge £10, if she asked for copy statements the nthe £3 per statement will stand.
(Have I said ddifferent if so point me to it and I will edit it )