about DPA requests

[kia]

does anyone know the standard waiting time for the dpa requests as its been nearly two weeks already impatient or wot but if they tell me to bog off then i can fight and im gearing up

[kia]

i sent the request for the dpa for both me current account and my mortgage account together in the same letter should i have done it seperatly even though they were both for the same address and with the same company?

[arkanara]

If your waiting for your statements you could be in for a long wait unfortunately. I waited about 60 days for mine and also sent them the DPA non compliance letter, i received them 4 days after sending the non compliance letter. Stick to the timescales given and use the time to swot up, every piece of info we have helps.

 

Good Luck.

[MARTIN3030]

does anyone know the standard waiting time for the Data Protection Act requests as its been nearly two weeks already impatient or wot but if they tell me to bog off then i can fight and im gearing up

 

Theres no such thing as a standard waiting time as each case is different.

We are told that the banks are responding from a queue aspect.

They are allowed 40 days but as you have seen there are cases where this has gone past.

I would leave it another couple of weeks and then call them to see if they are dealing with it.

Or you could even call before this to check your application is in the system

[MARTIN3030]

1 request will cover everything.

But depending on the amounts being claimed may mean splitting the claim up.

Please start a dedicated thread and keep all your posts in 1 place.

 

[kia]

hiya different thread for me anyhows have sent them first data pro act letter stating didnt know any of account numbers of current account from then or mortgage account.Cant remember off hand what date i sent it anyway the forty days are up in approx 14 days do i send another letter now and if yes which one cant find it in the bank templates.Theyve not responded to my other letter at all but i think this is quite normal from reading through the other threads.Point me in the right direction

[DCG]

wait for the 40day deadline

[kia]

the answer to this is probably obvious but i need to know can i claim for monthly od charge i looked in faqs but it mentioned 5,10,15 pound charges and i was charged £25 per month it seemed excessive to me can i any help appreciated xxKia

[Aitken Brotherston]

I assume this was not an amount to which you specifically agreed.

 

If it is a charge made by A&L because you went overdrawn (your overdraft limit or went overdrawn when you had no overdraft agreement) then the answer is yes you can claim it back and any interest they charged on that charge. You should not claim back interest on the amount of the overdraft that was not the result of an unlawful charge.

e.g You go £5 overdrawn The bank then charged you £25 for going overdrawn and then charged you Interest on £30. You should claim back the interest on £25 not £30.

 

Hope this helps.

[kia]

right quick question can i go further back with currant account than six years thought i could only got back the six years please advise before i go any further with this case as i might have to redo claim i go back about twelve years with these jokers thanksxxKia

[Aitken Brotherston]

I believe that there is a Prima Facie case for “deliberate concealment” for the purposes of the Limitation Act 1980 Section 32 subsection (1) (b) qualified by subsection (2).

To my knowledge, this has not been tested in court but would have the effect of re-setting the 6 year limitation clock to start from the date the plaintiff (you) learns of the concealment i.e. now. This would effectively remove the 6 year time limit.

If you have charges that go back more than 6 years then claim them and see what happens. If the bank use the Limitation Act to try to limit your claim you will for sure be “in court” so trot out the above and leave it to the District Judge.

Keep the claim under the small claims procedure limit and the worst that is likely to happen is that (s)he will not agree with you and limit the claim to 6 years.

=================================================================

From the Limitation Act 1980

32 Postponement of limitation period in case of fraud, concealment or

mistake

(1) Subject to subsections (3) and (4A) below, where in the case of any

action for which a period of limitation is prescribed by this Act,

either--

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has

been deliberately concealed from him by the defendant;

or

© the action is for relief from the consequences of a

mistake;

the period of limitation shall not begin to run until the plaintiff has

discovered the fraud, concealment or mistake (as the case may be)

or could with reasonable diligence have discovered it.

References in this subsection to the defendant include references to

the defendant’s agent and to any person through whom the

defendant claims and his agent.

(2) For the purposes of subsection (1) above, deliberate commission of

a breach of duty in circumstances in which it is unlikely to be

discovered for some time amounts to deliberate concealment of the

facts involved in that breach of duty.

[caro]

I would be inclined to just claim back six years to begin with to be on the safe side, and when you have that back put in another claim going back further. It's up to you though.

[kia]

had kinda come to that conclusion myself caro will carry on with claiming back six years as had already started with that amount and when got that back then try for rest as ill have to estiamte it as ive no statements at all and id really have to start again from scratch to go for the other six years but dont worry they wont get away with the other six years ill go for them next no fearxxKia