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40 Days up and nothing....(merged)

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  • batwell
    batwell Posts: 62 Forumite
    anyone? :-)
  • Beate
    Beate Posts: 3,522 Forumite
    Part of the Furniture Combo Breaker
    If they haven't replied after 40 days, inform the Information Commissioner.

    Capital One doesn't charge for sending statements.
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
  • alonso
    alonso Posts: 146 Forumite
    The bank only has a maximum 40 days to respond. If you don’t get a reply, follow up with a phone call and then report it to the Information Commissioner for a breach


    See the step by step guides on top of main page or follow Martins advise on how to reclaim bank charges.
  • Hi,

    I've read so much of this site and its forums and as yet I cannot find any clarification regarding the time the banks have to respond to my request.

    40 days or 40 working days, obviously there's quite a difference between the two.

    Can anyone tell me the answer?
  • Liam_G
    Liam_G Posts: 1 Newbie
    Guys, ring your banks and complain!! Iv just rung Yorkshire Bank, who arent even overdue witht hte charges list yet. I received a letter from them saying that " due to high demand" they wouldnt be able to produce the documents within 40 days (they have 5 days remaining) I spoke to customer services and my branch. I know have been refunded my £10 fee and they will have half the statements to me tomorrow and the rest within 2 weeks. Id call this a result, I get all my statements for FREE!!!! than I send them the bill for charges refund, ha ha!!!!!
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    40 days not 40 working days.
  • jodenice
    jodenice Posts: 378 Forumite
    letter, then you do not know what your charges will have been and you can't work your way up this chain to court.

    How do you force a bank to give you details of your charges? what should I be doing?
  • I sent an SAR to MBNA 39 days ago now, regarding two accounts. I had a reply this morning, as follows:
    Thank you for contacting us.

    As requested, we have enclosed details of you statement information. On this occasion we have provided the information to you free of charge, as we have not treated your request as full data subject access request.

    Should this information not be sufficient, and you wish to make a full data subject access request under section 7 of the data protection act 1998, please complete and return the attached form.

    Please ensure you include the fee of £10 and appropriate ID.

    Yours sincerely

    Rachel Claridge
    They also enclosed a list of charges for 8 months and for only one account when I included two on my SAR and my cheque back.

    What’s my next move?

    Also does my letter to them appear correct..



    Data Protection Act Disclosure Request

    Dear Sir or Madam,

    Re. Account numbers: 5407*****784561 / 5186750********1

    I am writing to request a fully comprehensive list of all the default charges for direct debit, unauthorised overdrafts and standing orders I have paid over the last six years.

    Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

    I look forward to your response within 40 days, as MBNA is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

    Yours faithfully,



    ME
    Debt free since 2011
  • bump......
    Debt free since 2011
  • nickmack
    nickmack Posts: 4,435 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I sent an SAR to MBNA 39 days ago now, regarding two accounts. I had a reply this morning, as follows:

    They also enclosed a list of charges for 8 months and for only one account when I included two on my SAR and my cheque back.

    What’s my next move?

    Also does my letter to them appear correct..

    Not good enough on MBNA's part. A blatent stalling tactic in my book. They wait 39 days then give you some statements, but not under the DPA.

    If the rest of the information doesn't appear by the end of the week, I would write a letter back to them stating they have not supplied all of the information requested.

    Let them know you made a request under the DPA and they may have refused your payment but the SAR still applies. Tell them they are in breach and you will not complete the form as you believe you have been fully identified by the fact they have already sent some statement information. Furthermore you will be informing the Data Commissioner of this breach and enforcing the DPA in court if necessary.

    That should get things moving!
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