My girlfriends dad had 4 different accounts with RBOS up until 2005 when he got made bankrupt and the bank closed his accounts. Up to then he got charged on his accounts £38 a time for missed direct debits, but especially on his business account which he was a sole trader, which came up to quite a few £1000's in unfair charges. How do i go about claiming these back and what do i need to ask for when sending off for docs from bank. He also had 3 more personal accounts with this bank which were closed and he does not know if there was any charges on these as well. Any info welcome thanx.

Hi,

He'd have to send a SAR to RBS for details of any charges on the personal accounts, this would cost £10 and would cover all accounts held by them.

Regarding the Business Account, I'll try find out more info.

Regards.

Scott.

Its possible that you can get statements by way of SAR going pre-2005-but as we have become aware,banks are restricting info to 6 years.

For the business account start a thread in the business bank forums.

Also would help if he has got any terms and conditions from the businerss account-business people often keep these things.

My girlfriends dad had 4 different accounts with RBOS up until 2005 when he got made bankrupt and the bank closed his accounts. Up to then he got charged on his accounts £38 a time for missed direct debits, but especially on his business account which he was a sole trader, which came up to quite a few £1000's in unfair charges. How do i go about claiming these back and what do i need to ask for when sending off for docs from bank. He also had 3 more personal accounts with this bank which were closed and he does not know if there was any charges on these as well. Any info welcome thanx. 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.

Need more help troops, girlfriends dad as just had £10 postal order sent back to him today with no explanation and no info on charges or anything, what do we do now?

Hi,

Give them a phone and complain, get them to tell you exactly where to send it, they are out of order.

Remind them that they should therefore provide the information under your request within 40 days from the date that they received your original request and payment. For clarity I would include the date by which the must comply.

Remind them that failure to provide the data by that date will result in a complaint to the Information Commissioner, and [if you feel you are confident enough] a court action under the Data Protection Act to force their compliance.

Regards.

Scott.

cheers maroondevo52 he has just fetched the postal order over and the cheeky t**ts have filled his name on the back to send it to gift aid so now he is £10 down cos he might not be able to cash it or anybody else.

I'd ask them to send you another, blank !!!

No he sent them postal order payee to them for £10 for all info under data protection act and they have sent the same one back and not cashed it but filled his name on the back to send to gift aid, so i do not think he will be able to send it back now, so he might be £10 short, should they now do it for nothing for defacing the postal order, and have you heard anything about the court case with the banks?

Hi,

I'm trying to find out what's the best thing to do regarding the postal order. We were hoping to hear something about the test case in the next few weeks.

Regards.

Scott.

Just cross out the info they have filled out to invalidate it.

My guess is that they are taking the line that its an open ended request that does not satisfy the criteria as set out in the act-by the book a request has to be specific.

Citi Financial also used this to delay apps (there is a section that allows them )

You need to detail everything you want which then forces them to comply.

As regards the business caccount,since it was a sole trader,he can get that info with the same request.

Cheers Martin3030 the SAR i sent was the exact same one off here which requests a comprehensive list of all default charges and if they cannot give that, then send statements, so then I think this is the correct procedure.And he was owed £1000's on sole traders account.

Ok well if you used the CAG temp,then thats different and should have been sufficient.

I suggest that you send a new request with a covering letter (Which can be in the form of an additional wording in the opening lines as follows);

Dear Sir/Madam,

On the xxxxxx of xxxxxxx I applied to yourselves, under the DPA for a SAR.

My application,included the fee of £10 being the statutory payment.

I was extremely disappointed to have the application returned to me on xxx

and that the postal order has been reverse filled in to read xxxxxxxx

I consider this to be a breach of the DPA and will be filing a complaint with the ICO.

Once again,I submit the request and trust that you will process it in accordance to your obligations under the DPA.

I would file a comlaint with the ICO and send them a copy of your request,their response,and also a copy of the wording on the P.O.

Someone was obviously taking the P*** here.

A Data Controller does NOT have to accept the statutory £10 max fee for the S.A.R. to still be valid.

The 40 days before non-compliance starts from the day that they received the original request.

I would spend the waiting time researching the next step for both scenarios elie1977, just in case.