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

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  • bondy2007
    bondy2007 Posts: 16 Forumite
    Hi

    First of all got to give credit to a great site, although this is my first post ive been checking this site out for some time and its really helpful.

    Anyway!

    I’m in the first stages of claiming against the Halifax and even this is proving to be stressful enough.

    I first requested my 6 years bank statements on the 23rd Feb over the phone on their pants national rate number 0870 number. Statements were ordered with a 5 pound charge taken out the same day with the advice that it would take 21 days.

    I didn’t tell them this was for reclaiming charges as I thought they wouldn’t be as keen to hurry them along so I told them my accountant needed them as them end of tax year is coming so I defiantly needed them by April.

    So far so good? NO!!!!

    On the 14 March I thought I may as well chase them up so I called them up to be basically told they hadn’t been ordered and that she was get them ordered again and get them to me within a week!

    This lady rang me back later that day to ensure me she would chase them up and get them ... this was the last I heard of her.

    Since then I have spoke to loads of different customer care agents and when I take their names you can never ever get back through to them anyway and a couple of them told me that I would never talk to them again as they have so many different call centres!

    I then chased them up literally every single day since then to be told all sorts of different replies but to cut a long story short my latest phone call was today and a lady told me that I had only ordered them 2 days ago!!!!!! Even though I ordered them 33 days ago and have proof of this as they took the 5 pound charge out of my account on the 23rd Feb.

    I’m really fed up with calling them now chasing them as I literally get no where, I have read they have to send them within 40 days to stay within the DPA which I reminded them today but this lady just said there is nothing she can do to get them earlier then another 28 days!

    Can anyone advise me further please!!!!!

    I’m also going to get my phone statements as proof of phone calls to there centre and claim phone calls if I can but at the moment that’s the least of my worries so any help would be appreciated.

    Thanks
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Apart from checking if you can download your statements via online banking, try the following letter and report to the ICO.

    Originally Posted by Rex_Mundi viewpost.gif
    Send THIS LETTER to the bank recorded delivery.

    http://www.ico.gov.uk/complaints.aspx
  • pigsmightfly
    pigsmightfly Posts: 1,120 Forumite
    Hi!

    I was just wondering if anyone else who has made a complaint to the IC has heard anything back from them yet? :confused:

    A few of us have asked this question in this thread and just wondered if anyone could help?

    Thanks :rolleyes:
  • alonso
    alonso Posts: 146 Forumite
    I asked Abbey for statements on the 22nd Feb got the usual 12 months and rest to come on microfiche, I've calcualted and listed from the 12 months statements adding to £900, I think this is around 90% of recharges due back to me. The 40 days are up on April 3rd.

    Do I wait the full 40 days before sending the Rex Mundi letter

    Send it now amending it to warn them that 40 days are nearly up otherwise will complain to IC

    Or just go to the next stage to reclaim the £900 that I'm due

    Any help/advice will be much appreciated.
  • pigsmightfly
    pigsmightfly Posts: 1,120 Forumite
    alonso wrote: »
    I asked Abbey for statements on the 22nd Feb got the usual 12 months and rest to come on microfiche, I've calcualted and listed from the 12 months statements adding to £900, I think this is around 90% of recharges due back to me. The 40 days are up on April 3rd.

    Do I wait the full 40 days before sending the Rex Mundi letter

    Send it now amending it to warn them that 40 days are nearly up otherwise will complain to IC

    Or just go to the next stage to reclaim the £900 that I'm due

    Any help/advice will be much appreciated.

    If I were you I would wait until the full 40 days are up as they are entitled to this then send the Rex Mundi letter.
  • alonso
    alonso Posts: 146 Forumite
    Thanks Pigmightfly, yep it's the sensible thing to do.

    I'll just have to be a little more patient, last few days left.
  • PeteW
    PeteW Posts: 1,213 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Hiya, I sent my bank a letter and cheque requesting my statements almost a month ago but have heard nothing back. What should I do now? Is there a follow up letter template available?
  • pigsmightfly
    pigsmightfly Posts: 1,120 Forumite
    PeteW wrote: »
    Hiya, I sent my bank a letter and cheque requesting my statements almost a month ago but have heard nothing back. What should I do now? Is there a follow up letter template available?

    Send this letter which was originally posted by Rex_Mundi:

    ACCOUNT NUMBER XXXXXXXX

    I sent a letter and £10 cheque on the [insert date of first request] requesting six years of bank statements as is my right under the Data Protection Act. I have been expecting copies of my statements within the 40 days stipulated under the D.P.A. As yet I have not received any correspondence from you.
    By not supplying the information I requested, you have breached my rights under the D.P.A. You leave me with no alternative that if I do not receive copies of my bank statements within the next seven days, I will forward copies of my requests to the Information Commissioner.

    I look forward to your timely response.

    Find enclosed a copy of my original letter.
  • PeteW
    PeteW Posts: 1,213 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Oh I didn't realise the law was 40 days, I thought it was 14. Guess I'll just wait a bit longer...
  • Hi all

    You wont be surprised that I am having the same problems, I think this must be the Banks latest strategy. Lloydstsb are giving me the runaround and coming up with several excuses, including claims that I sent the letter to the wrong address and they didnt receive a £10 pound cheque.

    I also had an email dialogue going after I complained on the web. The guy was very polite but after about 3 weeks (a week between each email), he then told me he was from the wrong department!

    I see on this forum that the constant advise is to send the letter saying that you will report them to the information commisioner. According to the original post this worked. Has anyone else used this letter and got a result?

    Also has anyone complained to the information commisioner? Do they do anything?
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