Do you have to pay?

[Evo02]

I have sent off data protection act 1998 suject access request to Halifax asking them for my complete banking history, using the template found on this website and enclosed a cheque for £10.

 

A letter and the cheque was returned asking us to provide some information.

 

But it states on the bottom of the letter:

 

"If your query relates to solely to bank account charges, please note that HBOS has decided not to charge a fee for requests of this type."

 

Is this just a get our clause for them, as in if we dont provide the statutory maximum fee that they do not have to comply with the act and provide us with the details in 40 days. Thus taking as long as they want.

 

What would you do? Send the cheque or do it the free way?

 

Thanks in advance.

 

Ash

[sea-sidelady]

Hiya Ash,

 

If they dont take the £10 fee, then they will just send you a sheet of charges.

No statements.

You could resend the cheque stating tou want the full information.

But still class the 40 days from when you sent the original SAR.

[Evo02]

That is not really what I am asking, I have a few Halifax accounts to chase and I do not want to send money to them for the bank charge statments ifI dont have to. But if I do not send the money does that mean they do not have to comply with the act of sending the information out within 40 days?

 

Its just about getting it as quickly and cheaply as possible.

 

Thanks for your help.

 

Ash

[haigh74]

i sent a cheque for £10 and i just got a list of charges and no bank statements!!

 

Do i need to get that money back?

[Evo02]

Would say so then, but I thought you claim your £10 back with the bank charges anyway?

 

My letter from HBOS says:

 

"IF your query realates solely to bank account charges, please note that HBOS has decided to not charge a fee for requests of this type. If copy statements are required for both transactions and charges then a fee of £5 applies, for all other requests the standard £10 will apply."

 

Hope this helps.

[moneyhelp]

That is not really what I am asking, I have a few Halifax accounts to chase and I do not want to send money to them for the bank charge statments ifI dont have to. But if I do not send the money does that mean they do not have to comply with the act of sending the information out within 40 days?

 

Its just about getting it as quickly and cheaply as possible.

 

Thanks for your help.

 

Ash

 

This is not a get rich quick thing, if you are not prepared to do things propperly as suggested by Seaside Lady, then how can you expect to get your money?!

 

Just my 2 cents worth.

[Evo02]

Not a case of that, its a case off if I lose I am losing extra money.

 

So as I said the cheapest I can do things the better. And the quicker its sorted before one goes to high court the better.

[moneyhelp]

But if your read through things on this site, you will come to notice that if you do your research and paperwork correctly, you have a good case to WIN!

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/23848-introduction-bank-charges.html

[sea-sidelady]

Basically if you dont pay for your SAR then they dont have to supply you with your details.

[MacBoy]

Seaside Lady is right Evo. I've also had the offer to waive the £10 fee from the Halifax, but I insisted I pay them. It seems like a nice offer at first glance - but you should know by now there are no free lunches from Howard & chums.

 

You may save shelling out a tenner in the short run - but you then put matters in their hands instead of dealing on your own terms.

Also, correct me if I'm wrong someone, but isn't it possible that the S.A.R - (Subject Access Request) fee can be claimed as part of costs anyway?

[moneyhelp]

That is not really what I am asking, I have a few Halifax accounts to chase and I do not want to send money to them for the bank charge statments ifI dont have to. But if I do not send the money does that mean they do not have to comply with the act of sending the information out within 40 days?

 

Its just about getting it as quickly and cheaply as possible.

 

Thanks for your help.

 

Ash

 

Yes you do claim it back. Plus as Evo is claiming on a 'few accounts' you only have to pay the one S.A.R - (Subject Access Request) charge per bank.

[car2403]

Hi Evo - If you word your SAR in such a way, the £10 fee will cover YOU as a Data Subject and NOT each of your accounts.

 

What I'm saying is, using this in your letter;

 

"I request all data held by [insert Big Nasty Bank Name Here] about me, as a Data Subject under the Data Protection Act"

 

You can give some account numbers and sort codes/roll numbers to help them identify you. But - if you do it this way - one fee of £10 SHOULD cover every account you have with them.

 

Avoid their £5 fee for two reasons, therefore;

- This isn't the "statutory fee" required under the DPA, so they 40 day period will never start until you've paid it. Even if they don't cash your cheque, which is what happened to me, the 40 days start from the day they receive it.

- They will probably want £5 per account anyway. If, as suggested here, you have another account anyway, send the £10 DPA fee as another other accounts with the Bank will be included.

 

Just my opinion, but I have 4 accounts (don't ask!) with Halifax and one payment of £10 got me ALL the details I needed.

 

I agree with moneyhelp too, there will be some expenditure from your side - stationary, postage and, more importantly, time understanding the legal issues at hand and preparing for Court. For some people, this is a killer, but I'm so fired up about this that I'm willing to do what it takes to enforce my LEGAL rights against these oppressive organisations that believe THEY make and enforce the LAW in this Country.

 

Power to the people!

[moneyhelp]

Well worded Car ;-)