This is actually a family member, with me representing them. However, I will use the first person throughout for clarity. Two consecutive current accounts with BoS (from approx 1985 to 2000), and also a "Scotloan." Sent off the DPA SAR (using std template) and got back a set of statements for just the ONE most recent account covering 1997 to 2000. It took them 40 days to achieve this.

I decided to start with just this one account for now, then, as it seems they are going to force me to piddle around. So, I sent a prelim for that one account's charges. Keeps it simple, methinks. At the same time,I sent a demand for the COMPLETE set of data as prescribed in the DPA, and requested in the SAR. After another month, I got nothing. So I lodged a complaint with the ICO online.

I have also now sent the LBA with attached spreadsheet, claiming contractual interest compounded daily at the unauthorised O/D rate.

While I'm waiting for this to tick by, I got a terse letter from them:-

"I would advise that any request for refunds of charges can only be considered within the last 6 years. Accordingly, your request is declined."

So, I sent them this:-

" Request for repayment of charges - Account Number: XXXXXXXX

Thank you for your letter of xx/xx/xx, explaining that I will receive a reply from a Customer Relations Manager shortly. So far, the only direct response to my claim has been a terse letter from a Nick Rogers in Dunfermline, stating that “any request for refunds of charges can only be considered within the last 6 years.”

With respect, I must point out that my original request for refund was made less than 2 months ago, so there are still a further 5 years 10 months to go to consider this request, although I will be very angry indeed if it takes that long.

If, however, what this learned gentleman is actually attempting to point out is that the bank will not refund charges over 6 years old, then he is either ignorant of the law, or is deliberately attempting to mislead us. Whichever it is, I am disgusted that you have seen fit to pass my request on someone who is clearly not able or willing to deal with it properly.

I would respectfully refer you and your colleagues to the Limitation Act. As there has been concealment of the nature of these charges, the Act cannot be applied to them.

Please, if you are unable or unwilling to deal with this matter yourself, will you have the decency to ensure that it is handled by someone who can and will. As a member of the Consumer Action Group, and I can assure you that this kind of treatment does not do the public’s image of the banking industry any good at all.

Please be assured that I am fully prepared to take this matter to court, and will have no hesitation in so doing, if necessary. However, I am prepared to offer you further time before doing so, and will suspend the submission of a legal claim if the bank is prepared to immediately refund fully the charges and interest detailed to you previously. If the bank is not prepared to do this, then be assured that I shall be preparing a case which will include sundry additional claims and costs.

I do hope that you will bear in mind the number of such claims currently being settled by HBOS, and consider that a swift settlement would be the more cost-effective option. I thus respectfully offer the Bank one further opportunity to do this, and hope to receive full payment shortly.

Yours sincerely, "

Just adding in a further post, to break things up a bit.

I eventually received an email from the ICO confirming that they are investigating my complaint.

I have now received a letter from the ICO, which basically states that they have carried out their assessment solely on the evidence I submitted them (scanned copies of letters uploaded to them, with my initial complaint). They have not contacted the bank, but will now inform them that they are in breach of the DPA by not complying fully to my request within 40 days, and will request an explanation. They will also instruct them to confirm that they have sent my info within 14 days.

So, I'm now waiting for the data.

As regards the LBA, we're skint till after Christmas, so can't afford the fee. I'll show a bit of seasonal goodwill, and leave it until January.

Happy Hogmanay, BoS, when it comes !!