Claim back any unfair bank charges! Article Discussion Area

oldwiring

Chrysalis wrote:

well I interpret unlawful as breaking the law, if they not breaking the law why arent they defending themselves in court?

Interesting point I concde, but perhaps it is a case of competition or even that the economics are against defending some actions. Wwinning, if the loser is a person of straw and costs cannot be recovered, could be a deterrent?

Now if a big one comes along, what then?

Chrysalis

I accept that in some cases some people may have borrowed to buy luxuries and got themselves in a mess, but thats not the case for everyone. For excessive borrowing the banks have to take some responsibilty for lending the money in the first place and the current credit system which generally allows people who already have credit to get more.

LearningtoSave2006

(Further to post: http://forums.moneysavingexpert.com/showthread.html?p=2337160#post2337160)

Okay... the seven days have been and gone... Still no reply what so ever (and I have the 'Fax Receipt' and an email 'Read Receipt' to prove that they got the letter on Monday. What should I do now??

annm256

I requested my bank to furnish me with the last 6 years charges by sending the letter from the library. Their reply is that the do not keep records going that far back, and could only suppy me with a list of transactions on my account, which will include details of any charges applied. They say that under the data protection act request I will only recieve the transactions currently held on their systems. They say that any earlier transactions which are archived on microfische are not covered by the DPA and therefore will not be supplied under the 40 day ruling. Theu also refuse to send me any manual interventions. Are they just trying to fob me off by making me do all the work? because I am not going away I WANT MY MONEY BACK! Please help! Thanks Ann.

libass

Hi

Currently trying to get 6yrs back dated details from the Halifax (first sent application to them on 29.4.06). This is proving very difficult and I'm now considering going to county court. I notice a link to a Moneyclaim form but it seems to apply only to courts in England and Wales, can anyone advise if it is applicable in Northern Ireland or is there an equivilant form I need to complete??
Thanks!!

libass

annm256 wrote:

I requested my bank to furnish me with the last 6 years charges by sending the letter from the library. Their reply is that the do not keep records going that far back, and could only suppy me with a list of transactions on my account, which will include details of any charges applied. They say that under the data protection act request I will only recieve the transactions currently held on their systems. They say that any earlier transactions which are archived on microfische are not covered by the DPA and therefore will not be supplied under the 40 day ruling. Theu also refuse to send me any manual interventions. Are they just trying to fob me off by making me do all the work? because I am not going away I WANT MY MONEY BACK! Please help! Thanks Ann.

Was speaking to someone in the information commissioners office today. He told me that if the information is held on microfiche then it does not fall under the terms of thd DPA.

bookworm1363

oldwiring wrote:

Interesting point I concde, but perhaps it is a case of competition or even that the economics are against defending some actions. Wwinning, if the loser is a person of straw and costs cannot be recovered, could be a deterrent?

Now if a big one comes along, what then?

Still not defending.

The Consumer Action Group has plenty of reported cases of £5k +, 2 of £8k+, and one of £17 K, which all could have been taken out of small claims, where costs could be awarded. And yet the bank settled out of court... Hmmm...

bookworm1363

LearningtoSave2006 wrote:

(Further to post: http://forums.moneysavingexpert.com/showthread.html?p=2337160#post2337160)

Okay... the seven days have been and gone... Still no reply what so ever (and I have the 'Fax Receipt' and an email 'Read Receipt' to prove that they got the letter on Monday. What should I do now??

You do it again. BY LETTER. A fax, with receipt or not, can be deemed insufficient proof of communication, even in this day and age. I would recommend that you go to the PO, and obtain a certificate of posting, you only need proof of sending, not of receiving.

And I normally wouldn't advocate this, bu thave you tried phonign them to check whether s/one is actually dealing with this, and light a petard under their butt? I had to with Natwest, and once I had established to the supercilious oik who was tring to look down his nose at me that I was about to lodge a complaint with the IC, I had the rest of my info within 2 days.

bookworm1363

annm256 wrote:

I requested my bank to furnish me with the last 6 years charges by sending the letter from the library. Their reply is that the do not keep records going that far back, and could only suppy me with a list of transactions on my account, which will include details of any charges applied. They say that under the data protection act request I will only recieve the transactions currently held on their systems. They say that any earlier transactions which are archived on microfische are not covered by the DPA and therefore will not be supplied under the 40 day ruling. Theu also refuse to send me any manual interventions. Are they just trying to fob me off by making me do all the work? because I am not going away I WANT MY MONEY BACK! Please help! Thanks Ann.

Let me guess. Abbey.

If you haven't yet, click on my sig on register there. Abbey are about to get a rather painful enema inserted on the microfiche issue. Barclaycard are next.

Microfiche IS covered under the DPA, unless the information is not held in a certain manner. Unfortunately, we have had recently instances of one person at the IC says 1 thing, another says something else. (which is not helping!). However, as we have some of our users about to get a court ruling in the near future, hopefully, the stonewalling will stop pretty sharpish.

oldwiring

bookworm1363 wrote:

Still not defending.

The Consumer Action Group has plenty of reported cases of £5k +, 2 of £8k+, and one of £17 K, which all could have been taken out of small claims, where costs could be awarded. And yet the bank settled out of court... Hmmm...

Still not defendingl that's a bit cryptic. Persomally, i'd not put ny interpretation on the banks' lack of action. As to costs, being awarded is OL as long as they can be paid by the one they are awrded against.

I hope we can agree on one thing, whilst disagreeing on a lot more; namely that the minds:eek: of the banks are not for us mere mortals to fathom.