General question about manual intervention

[Bovvered]

I haven't seen anything about finding out about manual intervention if you already have your statements so don't go the DPA route.

 

My understanding is that if you have statements, use those, but if you haven't get them via DPA request AND ask about manual intervention.

[jonni2bad]

When you write to the bank requesting a refund, include the question in that letter.. maybe the following??

 

If you have evidence to show that my account required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you. In such circumstances, I would require you to show the name and position of that person, the action or decision taken and the reasons for doing so.

Evidence of such manual intervention may alter the amount of my claim.

 

 

That way, the bank can not claim you were being unreasonable in your request should it reach court.

[BankFodder]

When you write to the bank requesting a refund, include the question in that letter.. maybe the following??

 

If you have evidence to show that my account required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you. In such circumstances, I would require you to show the name and position of that person, the action or decision taken and the reasons for doing so.

Evidence of such manual intervention may alter the amount of my claim.

 

 

That way, the bank can not claim you were being unreasonable in your request should it reach court.

This passage is mainly already in use in our DPA request template with the exception of the last sentence. Asking fo the ID of the person carrying out the intervention is a good idea. However, I would not advise the use of the last sentence. There is no need to offer the bank any comfort and if they want to allege that there is a basis for an elevated charge because of manual intervention then that is a matter for them. It is a principle of our adverarial system of justice that you do not suggest the opposition's possible arguments tot hem. They have lots of money for their legal advisors. You don't need to help them out.

The fact that our letters invite dialogue and attempt to prompt the banks away from standard replies and give them 4 weeks before an action is commcenced is ample evidence of reaonableness.

[jonni2bad]

Duly noted

 

[Bovvered]

This topic was closed on 03/07/19.

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