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Bank Charges - illegal?

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  • tempest42
    tempest42 Posts: 96 Forumite
    Quick question :- Is it 40 straight days or 40 working days you give them to cough up the info under the DPA request as yorkshire bank are refusing to play ball , saying they dont provide that service.
    Start : 10-Dec-2005 £190,484.49 / 30-Jan-2006 £121,813.52
  • Matlow wrote:
    Had a phone call off Smile today asking what the problem was,told them to read the letter I'd sent them,explained that the charges were punitive charges which she seemed quite happy about and that she'ld send an email to try and chase up the matter,question is,is this a stalling tactic or should I give them a few days to get back to me??

    Stalling tactics. They will pay up, but they are hoping you will go away. Send them a letter headed 'Final Notice before Action' and give them 7 days to pay up. Then if they dont https://www.moneyclaim.gov.uk

    Good luck!
    Don't lie, thieve, cheat or steal. The Government do not like the competition.
    The Lord Giveth and the Government Taketh Away.
    I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)
  • dchurch24
    dchurch24 Posts: 1,219 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would say 14 days now.

    The banks usually give 14 days notice to foreclose - I think it would look good in front of a judge if we/you/I did the same.

    BTW, inmypocket - did you get your dosh from Abbey(?) was it?
  • dchurch24 wrote:
    I would say 14 days now.

    The banks usually give 14 days notice to foreclose - I think it would look good in front of a judge if we/you/I did the same.

    BTW, inmypocket - did you get your dosh from Abbey(?) was it?

    From Co-op, back in Jan. Having a go with capital one now. They refunded me a charge without my asking this month as full payment came in the day after they levied a £20 charge. They still owe me £120 though! Also Co-op yesterday banged me £35 for returning an item that would have taken me £1.17 over my £100 limit. So have started the procedure all over again with them!
    Don't lie, thieve, cheat or steal. The Government do not like the competition.
    The Lord Giveth and the Government Taketh Away.
    I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)
  • mjanet
    mjanet Posts: 297 Forumite
    answer to my first email ............

    Dear XXXX

    Thank you for your e-mail dated xx March 2006.

    Regarding your request for details of charges on your account for the past six years, I can advise you that I have asked for copy statements to be produced for the period in question, which will highlight the charges you have referred to and I will send these to you within the next three weeks, which I trust will be acceptable.

    As a final point, I am not sure what you mean by “ manual intervention” in the penultimate paragraph of your letter but I will arrange for you to be sent a print of any notes that staff have made in the customer records system. I hope that this will be helpful.

    Yours sincerely



    btw dchuch I did email bankfodder offering to help but he never replied , maybe to busy ?
    I have again this month recommended Dchurch24 for post of the month I think he deserves some recognition for the advice and time he puts into this thread .
    Wish I could stop editing EVERY post I make :mad:
  • maka_2
    maka_2 Posts: 1,070 Forumite
    Is it poss to claim back interest added each month to you account?? i am paying lloyds £50 a month back but being chaged on average £20 a month on an overdraft of £1250
    :beer: LOVE LIFE PROCEED & PROGRESS
  • Paul_-C-
    Paul_-C- Posts: 54 Forumite
    I received this letter from Clydesdale, in reply to my last letter sent (requesting a list of all charges)

    Dear xxxxxx,

    Thank you for you recent letter which has been forwarded to this area by xxxx as we are responsible for Data Subject Access requests.

    Under the Data Protection Act you have a right to see what our organisation holds about you, this is known as Data Subject Access Reques, which entitles you to be told if any personal data are held about you. This information should include what sort of data we hold, the purposes for which the data are processed and the type.

    Application for copy statements does not fall within this policy, and must be ordered through your branch seperately. I have therefore returned your cheque for £10.

    Sincerely

    xxxxxx


    The letter also came with a phone number, so I called it up. When I spoke to the same girl who sent the letter I explained that I thought she misunderstood me. I wanted a list of the charges, but would accept a copy of the statements as substitute. She then told me that the bank doesn't hold any info about the charges. She could maybe bring up the last few on her screen, but that's all. She said the only way to get that info would be requesting statements, which aren't covered under the Data Protection Act.

    Is this true? If I want to get the bank charges info then I need to pay £360 for the statements, because the bank doesn't hold that information seperately?
  • mjanet
    mjanet Posts: 297 Forumite
    Hi Paul , have you looked on the site http://www.bankactiongroup.co.uk there is tons of useful information there . I have just found this in there for you I hope it is of some use to you .

    In the Durant vs Lloyds (2004) case the judge ruled that bank statement information is "personal information" and thus all information that is in your statements is covered by the act; couple that with the fact that it is for a prospective legal case and they HAVE to give you the info under the DPA.

    hope it is ok to paste it in here if not then someone please advise me.
    Wish I could stop editing EVERY post I make :mad:
  • tempest42
    tempest42 Posts: 96 Forumite
    I got the same letter as Paul -C from the clydesdale after asking the same from the Yorkshire (both same company now), I rang the number and was told its their policy not to give this information, quoted Durant vs Lloyds and a few more recent ones, all she would say was she was aware of that but it didnt apply, I then said I would report them to the ICO she just said OK.
    Does anyone know if you have to wait the full 40 days or should I just report them now ?
    Also is it 40 calender days or 40 working days ?

    d.
    Start : 10-Dec-2005 £190,484.49 / 30-Jan-2006 £121,813.52
  • dchurch24
    dchurch24 Posts: 1,219 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    hope it is ok to paste it in here if not then someone please advise me.

    I have no problem with you taking that from the site.
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