Standard claim takes strange turn...

[Davy27]

Well hello there boys and girls.

 

I initially strated my fight back against the banks using thisismoney's website but come across a strange reply from one of the letters to Barclays.

 

Now, allow me to detail what has happened so far...

 

I sent a letter to Barclays, detailed below:

Ref: Account number: *******

 

Please send me all information that your company holds relating to my entire account history with your organisation.

Please include details of all transactions, and a copy of the original contract by which this account is/was governed including all amendments made to the contract terms since opening the account.

I would also like a schedule of all charges & interest applied to my account(s) including details of any instances that required manual intervention.

Please include a copy of the original contract by which this account is/was governed including all amendments made to the contract terms since opening the account.

 

I understand that under the terms of the Data Protection Act 1998, you are obliged to keep data on file for 6 years so I expect to receive at least 6 years data. However, if you hold data beyond 6 years, under the above act, you must supply it on demand. If you no longer hold data beyond 6 years, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.

 

All data, including data held on a microfiche must be provided within a reasonable timescale, a maximum of 40 days. I enclose the maximum statutory fee of £10.

 

If you cannot provide this information, I will accept copies of my statements dating back six years as an alternative, along with a copy of my original contract, but since I am not requesting this I still expect to be charged only the maximum £10 under the Data Protection Act.

I had got this letter template from Thisismoney.co.uk so I thought this was pretty well explained what I wanted exactly. Now, as you can see, I specifically said 'I enclose the maximum statory fee of £10' but I didn't actually enclose any money, I just assumed they would take this out of my bank account. I just assumed. They haven't asked me for the money but When I sent the exact replica to NatWest, they wrote back asking for £5 cheque, whcih I did. They may have done this because I believe the account is frozen because of inactivity and persistant unarranged overdraft, but that's besides the point here.

 

I have just checked my bank statement this month online and they have not charged me that I can see, but I do have a debit of 'Account fee' £6.50 whatever that is. I haven't gone over any unarranged borrowings so God knows, maybe that's it?

 

They replied 07/07/08 with a two paged letter. The first letter is shortened:

in response to your recent request, we enclose a summary of charges covering a 6-year period.

 

If you have questions etc etc...

I'm sorry, what?! I did not request a summary?!

 

Anyway, this is the sheet they posted. There was a URL at the bottom as a footer, like you would get if you hit print whilst in a web-browser: 'edostar-b.intranet.barclays.co.uk/fee/FFController.........etc' which suggests to me they've done it via thier in-house software they use in the banks, not actually pulling my statements down. Who knows if this isn't just 1 year for example?

 

The 2nd sheet:

 

Now don't get me wrong, over £700 is a nice and juicy sum to claim back but I cannot be sure if this is accurate as I have not checked any statements myself as this is all they sent.

 

My current question:

 

Has anybody had this come back and what did they do? What came of thier next step?

[havinastella]

Look here

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/143154-ashwall-lloyds-tsb.html?highlight=havinastella

 

and

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb.html?highlight=havinastella

 

Jogs

[saintly_1]

I would send them this letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html as they clearly havent supplied what you asked for

[kia]

yep agreed saintly they havent complied with your request so id send this to them plus your ten pounds to anyone who you havent sent it to as they wont do it without it and they wont automatically take it they want to slow u down and this does that so include this inm your letter to them with your fee if u forgot explaining how it was over looked and give them a little time to respond as u did origianally forget the fee hope this helps davey i will look at your other thread :)xxkia

[Davy27]

Hey guys thank you lots for your contribution. I understand how many times you guys mist repeat yourself, but everybody is slightly confused about different parts so they keep on posting the same stuff regardless! Kudos. I love you all =)

 

Anyway, I have the relevant non-compliance letter below:

 

 

 

But number 2 and 3 confuse me somewhat.

 

NUMBER 2

What are these 'legal notes' relative to? What would they include? Are these notes really needed at this point?

 

NUMBER 3

Manual intervention...? Say what??

 

Other then that, I really want to get this letter sent off today so would appreciate clearing this up before I go home from work (free print + post )

 

One more thing to ask

How many days should I give them 'to comply' ?

 

Thanks again.

 

edit: Letter sent 10/07. Given 14 days to comply

Edited July 11, 2008 by Davy27
Removal of template letter

[saintly_1]

What you need to do is adapt the letter to your needs

 

You want them to supply all information that they company holds relating to your entire account history . Not just a list of charges.

NUMBER 3

Manual intervention...? Say what??

 

This is when an actual person had some involvement not just a computer

 

 

One more thing to ask

How many days should I give them 'to comply' ?

 

I would suggest 14 days

 

 

You could try phoning customer services on 0800 282 390 and speak to an advisor there I phoned them about my statements and they came within a week ....... I also got a second set from the non compliance letter that I sent

 

 

saint

[Davy27]

Hey guys,

 

The more and more I look into doing this, the more people keep going on about filing in court.

 

I am sh*t scared of not only court but also the charges that come with them should I fail.

[saintly_1]

We all feel like that at the begining ....... but the more you think about what the banks have had from you in charges over the years the more determined you are to get them back ...... Due to it being in the small claims courts then the issue of costs should you lose seldom come into the equation.

 

Also when you do submit your claim to court your claim starts earning the 8% s69 interest .. My claim has been held up in court for nearly 12 months interest to date stands at over £700 alone

[johnnymitch]

Also when you do submit your claim to court your claim starts earning the 8% s69 interest .. My claim has been held up in court for nearly 12 months interest to date stands at over £700 alone

 

The beauty is Davy , that you probably won't even have to go to court - but it's important to get your claim into the court system as soon as you can - using the timetable .......because it will inevitably be stayed along with the rest, until the judgement comes through, but then you'll be in the queue - and 8% interest is not to be sniffed at - you can start claiming it when you lodge your court action - along with your court costs.......

and now that the waiver has been extended again by FSA the only bonus to that is the interest will keep building.........

[Bookworm]

I'm sorry, but people are giving you duff info here, simply because they are missing the main element:

 

As long as you haven't sent them the statutory £10 fee, they don't have to comply with the 40 days deadline, whatever info they have sent you is not in compliance with your SAR because they don't have to.

 

Once you send the £10 fee then and only then does the clock start ticking on the 40 days and the obligatory sending of ALL data held on you.

 

Incidentally, the letter template you have used is pretty poor and misinformed, as the DPA does NOT state that they have to keep info for 6 years. The 6 years relate to the Limitations Act 1980 and the length of time before something becomes statute-barred, and it has SFA to do with the DPA.

 

As for the £6.50, you'll have to ask them what it's for, but the sooner you stop "assuming" and start knowing, the better off you'll be when it comes to gettign your claim sorted. ;-)

[johnnymitch]

I would beg to differ, bookworm - it's 'further down the line' info, not duff..

You have rightly given davy advice on his requirement to produce the £10 for SAR , together with the reasons and timescale.

 

However, he expressed a fear of going to court and saintly1 and myself were trying to bolster his confidence in that direction.

After all it's the fear of the unknown which deters a lot of people from starting and subsequently following claims through.

[Bookworm]

My comment was referring to the SAR info, not anything else, JM. Indeed, the totality of my reply had to do with the DPA and SAR, so I didn't think there was much room for confusion, but apologies if there was. ;-)

[johnnymitch]

No need to apologise BW, me and the wrong end of the stick are good mates these days - I see where you're coming from now - and you were right...!

[Bookworm]

Awww, let's all have a group hug.

[slick132]

Hi Davy,

 

Here's the letter you should use - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-data-protection-act-subject.html

 

Send it off with the £10 fee and get a Certificate of Posting (free) at the PO when you send it.

 

Read through Link No1 in my signature below to acquaint yourself with the recaliming process, and come back with any queries.

[johnnymitch]

Awww, let's all have a group hug.

 

I'm up for that! (((Hug)))........LOL!

[Davy27]

My last letter was not with a cheque and they sent me a summary. I want detailed info as is required and so sent another letter saying incomplete info etc but still didn't send any money as I was told on phone by cust serv that this would be taken out automatically, but has not.

 

Therefore I'm going back to the first step and make everything official and by the book (or website ).

 

Sending SAR 11/08/08 with £10 cheque

Edited August 10, 2008 by Davy27

[Robdblynd]

subbing

[slick132]

Davy, that's gotta be the best way forward for you.

 

[kia]

yep i had to restart to best to do it this way dont give the banks any chance to wriggle out of it hope u get on ok davy :)ill keep looking in see your ok xxxkia

[Paintball]

Hi Davy

 

I've read all that you've posted and would agree that starting again is the best option. I've done it myself before and feel it is the best way to progress.

 

 

You will get your money back Davy, it will just take a bit of time so I would advise reading up on threads and being aware of what you need to do for the next stage of your claim ... being organised helps a lot

[Davy27]

I hear that they put all claims on hold because they're losing too much money?

[johnnymitch]

Hi Davy , nice to see you back again -

I hear that they put all claims on hold because they're losing too much money?

 

Not quite Davy - they're not really that powerful - it's the courts who are staying the claims - the Banks ask for the stays - and unfortunately get them......... but they give the impression in their letters that it's they who are staying them - not true.......

 

Anyway - how far have you got with your claim now , Davy?