Bank Charges - illegal?

I have just had a phone call from th Yorkshire Bank Data Protection Advisor and he has backed up phone call that I cannot claim my bank statements through a DSA and that there was a meeting in DEC05 between the ICO and several banks, which gained clarification to this matter. The ICO were adament that bank statements were not covered under the DSA.

So just called the ICO and they have confirmed the following:


No further guidance on this has been issued following the durant vs fsa case. What may be the issue is that we are asking for bank statement copies. He recommended that we be more specific to requesting the list of transactions and charges as these are certainly covered.

The bad news at the moment for all people with complaints is that they are only dealing with late novembers yet...

feel free to quote away

Posted & faxed 7 day letter on Friday 17th Feb which gives them until Monday 27th Feb (allowing for weekends)

Received reply today saying they are investigating the matter and will contact me by the 7th March.

I have a feeling I will receive the standard you agreed to our T&C blah blah

So do I proceed with my claim on the 27th?

I know you arent suppose to do it when collecting outstanding debts but would it be worthwhile to fax over a copy the County Court Claim that I will be summitting with a covering lettering saying I am not prepared to wait unti the 7th and will be submitting this on the 27th???

Also as they havent supplied me with the exact amount of charges paid am I right in thinking I can issue the summons saying "amount to be less than £2000"???

Hey all,

My story with being over-charged started six months ago when I balanced transferred 1425 pounds over from my egg card to an MBNA Virgin card, as it was 9 months interest free on balance transfers. After (stupidly, very stupidly) putting bits and pieces on the card without keeping track, I exceeded my 1500 limit (1524), and was subsequently charged an "overlimit fee" of £25. This increased my balance to 1549, which in turn triggered another overlimit the next month, which triggered another, and at the time I didn't have the money to bring me back under the limit (I would've had to pay £105 at my balance's highest). However, a month later, I missed a payment, which cost me a £25 "late fee", which again pushed me over my balance, triggering another 2 overlimit fees. As a student, the situation was only brought under control in January when i received a student loan instalment and paid the balance back under.

After reading this thread it seems to me some, if not all, of these fees are illegal. Is this right? I realise that my handling of my finances has been a bit stupid, but does that even matter in the eyes of the law? I've heard MBNA are refunding these fees relatively easily compared to other banks, could somebody advise me on what to do next?

Thanks a lot,

Andy