Hi Folks! an update!

Got a letter from local branch today 7/8/06 about my DPA SAR

I'll quote exactly what it says...im a wee bit confused.

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Dear xxxxx

Access Request

I have today requested your previous five years statements for the above numbered account. Thes will be sent directly to your home address from our business centre.

You have requested that i send you details of any manual intervention indication or notes held on your account.

We are under no obligation to record this information so no information is available. I have enclosed in this letter the cheque that you provided for this information.

You will find enclosed a copy of our leaflet explaining our complaint procedures.

Should any of your concerns remain unresolved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for help. If i dont hear from you in the next eight weeks i will assume you are happy. If you would like to discuss your concerns please telephone me on (local branch bank number)

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Hrmm? Ok does this mean that if i dont contact him he will assume the case is closed and that everything is ok? So i should contact him?? Not sure how he can help because he will just tell me that the charges are part of the banks T & C s

Also im not sure about the bit about them not being obligated to record any manual intervention on my account so ergo they dont tell me about it??

This is a bit late but its ok for me to quote most of that letter i got from the bank yeah? Also because they DIDNT take my cheque does that mean it is not a legally binding SAR ??????

thanks ppl

things are moving ehh!!!

CJ

spoke to my local BOS branch manager..

legally they can call in any overdrafts and loans you have with them at any time. They dont need a reason. According to what he said.

yeah I think its in the T & Cs that they can cancel it if your account is in bad shape (ie lots of charges!) but im not sure.

But the wording might be in there where it says they "reserve the right to withhold it at any time" or something along those lines. So while in practice they accept customers who end up with a lot of charges on their overdraft (coz its quids in for them!!!!) but in theory they can use this as evidence to pull it anytime.

So what i was hoping is that if they sign a statement saying they are happy for me to continue with my overdraft facility (i thought them renewing it indicates this but you cant be too careful!!) even though there have been lots of charges on it over the years (though not in the last couple of months)

I remember asking a bank teller a week ago (when it was due for renewal) about this and she said it is automatically annually renewed unless it is flagged up as being unmanageable and then they try to get you to go on a loan from them.

They have actually tried this with me a long time ago (when my situation and charges were LEGION!) but i didnt meet their own criteria and conditions of acceptance to get a loan!!!!!!! I could be wrong about this though my memory is not 100% on it.

But yes i think it is breach of the banking code for them to respond to legal action against them by closing the customer account/cancelling overdraft. Undoubtably they would "find" another reason for closing the account. I'm just thinking about ways of limiting their ways of closing it the account/and or the overdraft.

hope thats nice and clear!

I dunno though...this is just me guessing! so best to wait for a 'higher up' to clarify.

i have a similar worry with my action. I have an overdraft with the BOS and i worry that if i take action against them to recover charges they will call in my overdraft facility, close account etc. Its not a problem to open up another account at another bank just paying back the overdraft. (though i suspect it wont be much of a problem if they pay back the charges first!!)

My other alternative is to go into my bank and ask them under what conditions would they deem an overdraft facility null and void (and get a writtent statement to this effect? or something?). (they have just recently renewed my own overdraft account) Given the fact they have renewed my overdraft then is this evidence of them *accepting* that i fall under the permissible conditions of allowable overdrafts? So if they then come back and say (after i start claiming against them) that they are cancelling my overdraft because ive broken X condition ergo they reserve right to withhold it anytime.

In other words should they be allowed to close down an overdraft facility where before they did not and there is no change in circumstances.

thanks

Handed in my DPA subject request letter to my local BOS branch today(aberdeen) (got a receipt) with an enclosed £10 cheque.

Once i get the statements ill add em up and proceed to the next step(ive asked for 2001- 2006 5 years worth maximum i think but basically the Bank have charged me a lot of O/D charges over the years ill find out exactly how much soon i hope)

Its like starting a fight wi someone eek!

ill continually update this thread as it goes on.

Hi i have to say i'm inspired by some of the users commitment and determination on the forum! (as well as the superb support from other members)

Does the data protection act mean that i dont have to pay for the statements i need for my claim? (about 4 or 5 years of statements) Usually there is a nominal fee (£10 or more) for statements. Sorry if this is in the faq. Anyway well done heimdalls

(i should be claiming from Aberdeen as well so will be interested to see how things go)

Hi All,

Just found this website. Going to read as much as i can before i start a claim. basically im with the Bank of Scotland. I live in scotland but find myself constantly hit with charges (and double charges ie a charge brings me over my overdraft and then i get hit with another monthly charge because of the charge).

When i heard about the OFT report in April stating that it was unlawful for Banks/Ccard companies to make such extravagant charges i went into my local branch to see if they would talk about it. The line i was given was that it was in the T & Cs so there was nothing i could about it (apart from leaving them and going to another bank)

Ive heard though that if i start to challenge the bank on this then they could close my account? Or demand that i pay all of my overdraft back straight away? If they do this would i have a problem opening another account with another branch? Im not put on some list or something no?

anyway ill read everything and try to keep ppl updated thanks.