Newbie

[Noumsie]

Hi folks

I joined a wee while back but haven't actually posted anything yet.

I'm hoping someone can offer me some advice. I'm trying to claim charges back from a bank we no longer use so I don't have the worry of them closing our account.

I posted my letter off asking for details of all the charges on the 6th March, they would have received it on the 7th so 40 days from the 7th would have been yesterday (16th April). So far all I have received is a letter confirming that they shall be able to supply me with the charges, acknowledging that they have 40 days in which to do so and asking me to note that "if I have requested any information relating to manual intervention on my account, there is no specific mention of manual intervention with the DPA and as such they are under no statutory obligation to record or provide this information"

Can anyone shed any light on the letter they sent me and advise on what my next step is ?

Thanks in advance.

[Guest louis wu]

There is a templated letter - non compliance with DPA request - in the library. Send them that.

 

Louis

[Noumsie]

Thanks for that.....have just printed it off.

Any ideas what they mean about..............

 

"if I have requested any information relating to manual intervention on my account, there is no specific mention of manual intervention with the DPA and as such they are under no statutory obligation to record or provide this information"

[Guest louis wu]

If the banks employ someone to manually look at your acount, type letters, etc then they could justify charging you £30-£35 for this persons wages.

 

We all know its computer generated, but we ask the banks just to prove that there is no manual intervention.

 

Not explained too well, but I'm sure you get the idea

 

Louis

[Noumsie]

Thanks again....I got the gist....lol

[Noumsie]

Posted my letter of giving them 7 days to respond, got in from work tonight and theres a letter from them saying they're aware the end of the 40 day period is nearing but due to the high volumme of requests they've had they're not yet able to supply me with the details. Ehem....the 40 day period has passed, not sure where they're counting from.

 

Hope I don't have to report them as I could do without the hassle...lol

[Guest louis wu]

Yes, it is a hastle, but it may be a necessary one.

 

It has been unusual for quite a while for the banks to delay in sending out the statements, but just lately, I have noticed a growing trend where the are delaying again.

 

It will be up to you how much time you give them, but at some point you will have to decide that enough is enough.

 

Keep us posted

 

Louis

[livelylad]

which bank?

[Noumsie]

Clydesdale Bank.

 

I'll give them to next week then report them.

[Noumsie]

I've had no response from the bank, can anyone advise me how I make a complaint...if that is my next step ?

[Guest ChloeJane]

Hi,

 

Frustrating with their delays.

 

You can either choose to wait, or you could file against them in court and have them ordered to supply the information.

 

Just to recap though before taking this step.

 

1) Did you use the template letter on this site?

 

To check click the link here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

2) Did you send £10 with your request?

 

If yes to all the above, and you have sent the non compliance letter, then to prevent further delays you have two options.

 

1) File with Information commissioners office a complaint. Link here.

 

Data Protection Complaints – Information Commissioner’s Office (ICO)

 

2) File an easy form in your local court - Cost £35.

 

Link here.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

The above template is easy and you copy and paste easily into this court form that is a pdf online that you can use and print off at the end when you have completed it.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

It is a simple process! You add £100 for costs - and £35 court fee.

 

You will get these back.

 

If you need more information...just ask...or helping filling out the form!

 

CJ

[livelylad]

thread moved to YB forum.