Action Underway - The First 'Bluff' Letter

[1Peter]

What a great site! This is my first time on the forum.

I bank with Woolwich :0( and want to reclaim charges but I have a couple of questions:

 

1) My account is joint with my wife. Do we both have to sign the initial Data Proection Act Letter requesting a statement of all charges?

 

2) Does any one know how likely the Woolwich are to close down accounts for those trying to claim back charges? My credit rating isn't great and it would be hard to open another account.

 

3) Some of my past charges were refunded. Can I request a list of these in the inital DPA letter?

 

Many thanks for any help

[Bigmac versus]

hi and welcome to the site 1 Peter:

 

1/ Both parties sign all corespondance

 

2/ Unlikely but advise to open parachute account elsewhere just in case.

 

3/ When you get your statements back this will show, so you need not ask.

 

 

1/ This is YOUR money.

2/ YOU set the timescales not them.

3/ Treat them as they have treated you over the years.

[1Peter]

Many thanks Bigmac!

 

BTW - Can you confirm the correct Woolwich address to send the inital DPA to? - Thanks

[Bigmac versus]

Woolwich

1 CHURCHILL PLACE

LONDON

E14 5HP

[1Peter]

Thanks BM - I've read other threads using the Jackson House address

[noomill060]

Hi 1Peter- welcome to CAG!

 

[welshcakes]

Hi 1Peter

 

There are plenty of banks/societies who provide banking facilited for people with less than perfect credit. These normally don't give O/D facilities or associated credit cards from offset but I can recommend the Alliance & Leicester if you have at least £500 depositing into your account every month.

 

As long as you are on the electoral register, currently have banking facilites (which you do), you can apply online and generally get a yey or ney within 48 hours by email. A&L even give accounts to unemployed/on benefits applicants and provide online,telephone and branch banking with a cheques book, cash-visa debit card and DD/SOs.

 

One thing though is that their automatice switching process (where they trannsfer all you existing regular payments over and close down your old account with old bank) is a bit unreliable and I wish I had done it manually myself as they cocked up some DDs.

 

I believe the Co-Op offer a basic bank account for those with advers credit history however this normally only offers a cashcard, not debit or cheque book.

 

Welcometo the Woolly fight back, once you get going open a dedicated thread like the rest of us

[1Peter]

Thanks Noom. I sent my DPA by regisetred post today. I'll keep you all updated on progress.

[1Peter]

Thanks for the info. Welshcakes.

 

The Woolwich have always been less than great but my heart sank when Barclays took them over - Even more so after last nights TV programme. At last I can call the tune for once!

[marley2009]

i opened a natwest step account online, it was really easy and they sent the paper work to me within 2 days all i had to do was sign and send back and 7 days later i got a solo card. it might be worth opening one even if u dont use it

 

amanda

[1Peter]

The ball is now rolling and I’ve had my first letter back from Woolwich (on Barclays headed paper) in response to my DPA request (using the CAG template). They returned my cheque for £10 and advised that my schedule of charges will be forthcoming. They also included the following paragraph in the letter and I’m not sure if this is just standard wording:

“As regards your mention of ‘manual intervention’, the DPA does not oblige the Bank to comment about internal policies and procedures. Furthermore, in the context of managing day to day transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute ‘personal data’ under the DPA and therefore would not be covered by a s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA, is in no way as admission that there was no such manual intervention.’

Signed by an automated signature – A M Miskell – Andrew Miskell – Privacy and Data Protection Dept at Barclays.

Has anyone else seen this wording? Is it just legal crap?

Thanks

Peter

[barracad]

Threads merged - Please stick to one thread

[1Peter]

HELP - Does anybody know if the 40 days the banks have to reply to my DPA are 40 working days or 40 consecutive days? I sent my DPA letter to the Woolwich on the 22nd March via next day delivery, although I’ve just has a letter from them saying they only received it on the 11th April and that they aim to provide me with an answer by the 10th of May – I make that 48 days!

 

Is this enough to register a complaint? Who to?

As ever, many thanks

Pete

[noomill060]

If you can prove the letter was delivered the next day the 40 days started then. Thats 40 days, not 40 working days.

[1Peter]

Many thanks Noom - Who do I complain to?

Pete

[noomill060]

I wouldnt bother just yet, you have to give them their 40 days.

 

Send them a reminder 7 days before the 40 day deadline.

[noomill060]

If still no sign of your statements after the 40 days, download the ICO's official complant form:

 

http://www.ico.gov.uk/upload/documents/library/data_protection/forms/data_protection_complaints_form.pdf

[1Peter]

Many thanks Noom

[1Peter]

I’ve received my list of charges from the Woolwich - £2,319!

Does anyone have a working link to the schedule of charges excel spreadsheet that I need to complete and send with my request for repayment of charges? All the links on the template site for this spreadsheet appear to be broken.

Many thanks

Pete

[1Peter]

Sent my letter before action last week. All I’ve had from Barclays so far is their standard letter of reply – TWICE! Has anyone had an offer letter from Barclays before filing for court? Their incompetence amazes me:

1) The account I’m claiming back charges for is a joint account with me wife and we’ve both signed all letters. However, Barclay’s replies are only ever addressed to me!

2) In Barclay’s standard reply they say that they cannot guarantee to reply within the timescale I have given them (14 days), and go on to say that they aim to sort out the issue within four weeks. However, in the same paragraph they also say that a full report and update on progress will be sent to me within eight weeks!

3) Barclay’s standard reply directs readers to the leaflet they send with the letter for more details of their complaints procedures. The leaflet claims that when a complaint cannot be sorted out straight away Barclays will give you the name and contact details of the case manager investigating the complaint. We’ll I’ve been writing to Barclays since March and I’ve had no case manager details.

Barclays must think we’re all mugs!

Pete

[Bigmac versus]

Pretty standard stuff they do have 8 weeks to investigate and get back to you as per the FSA.

That dosent stop you taking legal action.

[1Peter]

Thanks Bigmac - Have you been through the claims process with the Banks?

 

Cheers

Pete

[1Peter]

Time’s up! Filed with MCOL yesterday. So far the letters I’ve had with Barclays have been textbook – Is there a common response from Woolwich / Barclays at this stage?

Pete

[Bigmac versus]

Hi there your actions are justified and you should hear from them when the papers are served saying they are to defend the action, im sure after AQ is filled in they settle but best to check other threads for sure.

[1Peter]

Thanks BigMac