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Recieved inaccurate response from DPA request


fingersmalone
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Hi there,

 

I sent a letter to my bank (Smile) requesting DPA data. I used the template letter at the following site:

 

PENALTY CHARGES :: FIGHTING YOUR CORNER - FOR FREE

They have responded within the 40 days, but their response is inaccurate.

 

It is a list of charges on my account for legitimate services over the past 5 years - specifically for the "smilemore" service which gives me free holiday insurance etc.

 

None of the penalty charges I know I've been charged over the past 6 years are mentioned.

 

The accompanying letter states that it is a "list of default charges" and states that this sort of information is free of charge, and therefore they have enclosed my cheques which I sent to them.

 

Have they deliberately got this wrong in the hope that I will go away?

 

Has anyone else had this experience?

 

What is the difference between default charges and penalty charges?

 

What should I do next?

 

Many thanks,

fingersmalone

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co-op & smile have been doing this for a few months now.

 

send a new sar and request the full statements with the cheque again.

 

or maybe ring the bank [08457 212212] and as the them.

 

there is also a thread detailing co-op charge types

 

dx100uk;)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks a lot.

 

Have called them and they've told me I need to look at the "Commission" column in what they have sent me and not the "Fees" column. This wasn't described properly in the letter they sent. But its good as it means I have the info I need.

 

By the way - love Amused to Death - excellent album, definitely Roger's best solo work! ;-)

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If you have sent them a SAR and they haven't complied within 40 days they are in breach of the Act and you can make a complaint to the ICO and/or take them to court for non-compliance under Sec 7.

 

If there is still time to run write back to them using one of the templates in the library asserting your rights to the data and confirm the time left.

 

Do you have any evidence that they charged you on your account during the period in question? I mean something that is in writing?

 

I wouldn't send them another SAR since they would be within their rights to reject it if you ask for the same info again in a short timeframe, Sec 8(3) DPA.

 

The situation requires a different remedy IMHO outlined above.

 

HTH

 

Glenn

 

PS the SAR you sent looks fine to me and should give rise to them supplying the right info.

 

PPS i took the co-op to court for non compliance and ended up with data over 9 years old from them.

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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