help, response from first direct, confused!?

[SJ and CJ]

Hi,

I sent the 1st letter off requesting all my charges from first direct along with the £10 fee, ive recieved a letter back with my £10 sent back to me! saying along the lines that they are unale to proceed with my request as they do not have my signature on file!! im told that i now have to call them to verify my account!! the letter goes on to say that all the info is contained in my account statements, the bank only retains info for the last 6 yrs etc. The letter then goes on to say that all info will be provided free of charge and will be sent to me via a courier, my signature will be needed to ackowledge reciept.

My query is, that it is now past the 40 days since i 1st requested my charges. What or where do i go now, do i ring them to request this or do i go straight to the non complience letter after 40 days bearing in mind they have returned my £10 fee???

 

Many thx in advance to anyone who can help with this

 

Steve

[SJ and CJ]

Hi,

I sent the 1st letter off requesting all my charges from first direct along with the £10 fee, ive recieved a letter back with my £10 sent back to me! saying along the lines that they are unale to proceed with my request as they do not have my signature on file!! im told that i now have to call them to verify my account!! the letter goes on to say that all the info is contained in my account statements, the bank only retains info for the last 6 yrs etc. The letter then goes on to say that all info will be provided free of charge and will be sent to me via a courier, my signature will be needed to ackowledge reciept.

My query is, that it is now past the 40 days since i 1st requested my charges. What or where do i go now, do i ring them to request this or do i go straight to the non complience letter after 40 days bearing in mind they have returned my £10 fee???

 

Many thx in advance to anyone who can help with this

 

Steve

[Guest Niklowe]

I would send them a letter giving them seven days to send you the list of transactions

 

Look in here and adapt one to suit.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Also inform the information commisioners office.

 

The banks are absolutely snowed under with claims at the moment, but I expect you will get the list of charges very quickly after you send the letter

[givememymoney]

It wouldn't hurt to give them a call and remind them of their obligations under the data protection act. If that doesn't get a response then go for a non compliance letter. Also worth pointing out to them that their loss of your signature from their files could be seen as a breach of the data protection legislation to keep your data secure. You could ask them to investigate this matter!!!

[shaz0]

Hi,

I sent the 1st letter off requesting all my charges from first direct along with the £10 fee, ive recieved a letter back with my £10 sent back to me! saying along the lines that they are unale to proceed with my request as they do not have my signature on file!! im told that i now have to call them to verify my account!! the letter goes on to say that all the info is contained in my account statements, the bank only retains info for the last 6 yrs etc. The letter then goes on to say that all info will be provided free of charge and will be sent to me via a courier, my signature will be needed to ackowledge reciept.

My query is, that it is now past the 40 days since i 1st requested my charges. What or where do i go now, do i ring them to request this or do i go straight to the non complience letter after 40 days bearing in mind they have returned my £10 fee???

 

Many thx in advance to anyone who can help with this

 

Steve

 

Just ring them, they will verify you that way. Just ask for a copy of charges to be sent and they will do it free of charge. No need to put in writing!

[Guest Battleaxe]

Just ring them, they will verify you that way. Just ask for a copy of charges to be sent and they will do it free of charge. No need to put in writing!

 

 

It is VERY important that everything is in writing. never speak to them on the phone. We all have learnt from experience that they say one thing and then deny it.

 

You send the non-complaince letter and then if they ignore that you notify the Information Commissioners Office and file for non-compliance through the courts.

 

You need more than the charges, you need all the documentation they hold on you.

[harvest]

SJ & CJ

 

Ditto what Battleaxe says. Get everything in writing. They will be able to send your notes (notes on manual intervention, telephone calls). I got mine from FD so it's not difficult for them. Good luck

[SJ and CJ]

Hi all,

ive finally got a list of my charges back from FD totalling around 2,800 ive read the bank templates 1st letter asking for monies to be paid back to once i have a total, it says in this template that ive too include back dated interest. I was under the impression that i was not to include the interest on the 1st time of asking. Which is the case include inierest or not??? please help.

 

Thanks in advance of any advice

 

Steve

[SJ and CJ]

Hi all,

ive finally got my total charges from First Direct totalling around £2.900 ive looked at the templates for writing the next steps and the wording in the 1st premlinary letter asks the back dated interest as well. I thought we couldnt or shouldnt ask for this untill a later date if it drags out. So whats the correct procedure to add the interest at the start or not??

 

many thanks for any help with this

 

Steve

[Castlebest]

Don't worry this is a common cause of confusion There are two types of interest Overdraft interest and Statutory interest.

 

Overdraft interest is interest that the bank have charged you on the portion of the overdraft (or loan) that is charges i.e. they charge you £30, this gets added to your balance and then they charge you interest on it.

 

Statutory interest is interest the county court add on as a form of recompense for not having your money for X months/years this is the interest you don't add on during the preliminary stages.

 

pete

[SJ and CJ]

Hi pete

thanks for your reply but i think having a very bad thick moment ere about this LOL!! So to clarify, im about to draft my 1st letter requesting my charges of approx £2,900 back and i also include an added amount of what the loss of interest would have been on this amount of money, had it stayed in my account using the spreadsheets provided? what the courts add on (if it goes that far) is kinda componsation amount, but in short i ask for my intial amount plus the loss of interest at this early stage?..

sorry for asking what maybe daft Q's but just want to get this rite

 

Steve:-)

[ukaviator]

Hello Steve

 

Do you know what the % is on your unauthorised borrowing?. You add this figure to each charge, as it is what they have charged you. The 8% is only added at the court stage, if you are not claiming the unauthorised rate. It's one or the other, you can't claim both.

[SJ and CJ]

Hi again,

thanks for the help i dont know what the % was on my charges so i assume i just ask for the total amount of charges back at this stage (being my 1st request) on the template letter it says that im to include a schedule of charges i assume this is the same as the excel speadsheet used to work out the backdated interest but just blank out the amounts of monies in the final cloumn?

thanks again in advance for any help ... havin a bit of a thick moment i reckon LOL just want to get this right

Steve

[tonycee]

Hello Steve

 

Do you know what the % is on your unauthorised borrowing?. You add this figure to each charge, as it is what they have charged you. The 8% is only added at the court stage, if you are not claiming the unauthorised rate. It's one or the other, you can't claim both.

 

Hi again,

thanks for the help i dont know what the % was on my charges so i assume i just ask for the total amount of charges back at this stage (being my 1st request) on the template letter it says that im to include a schedule of charges i assume this is the same as the excel speadsheet used to work out the backdated interest but just blank out the amounts of monies in the final cloumn?

thanks again in advance for any help ... havin a bit of a thick moment i reckon LOL just want to get this right

Steve

 

Hi Steve.

What UK is saying is that if you are adding interest at unathorised rate, you have to add it from the start.

If you dont know what it is/was, its not a good idea to guess.

Therefore, go for stat 8% which you only add on when filing at court.

Good Luck.

 

P.S. I have a continual thick moment. It scalled life.

[SJ and CJ]

hi again,

right got it !! one other query then i done and up and running i hope!! LOL it says on the template that i am including a schedule of charges is this simply a list of all the dates and amounts and charges filled out on one the example spreadsheets provided on the template page?

many thanks again for all of the help on ere

Steve

[**Tilly**]

hi sj yes its your dates and charges and put charges as notified

[SJ and CJ]

ok brilliant got it all now ... ta for the help ill be sending my 1st approach for charges to be repaid tommorow

 

Steve

[tonycee]

hi again,

right got it !! one other query then i done and up and running i hope!! LOL it says on the template that i am including a schedule of charges is this simply a list of all the dates and amounts and charges filled out on one the example spreadsheets provided on the template page?

many thanks again for all of the help on ere

Steve

 

Steve.

If you get an extra 5 minutes when doing your SOC (schedule of charges)

include the reason for the charge.

I have not read a defence yet where the banks dont try to use this as a delaying tactic.

 

EG>Instead of

11/04/2007 £ 30

Try

Unpaid direct debit 11/04/2007 £ 30

Or whatever the charge was for.

Keep us posted.

[freakyleaky]

Tonycee is right. You have to include the description of each charge as it appears on your statements. If you don't include this the banks often will ask for a detailed description further down the line. Just saves time if you do it now!

Good luck!

[livelylad]

4 Threads merged please stick to this thread.