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

ceemage

carole_twigg wrote: »

[...]I was O/D by £2,036.56 in October 2006 and received a letter from them requesting their money back. [...] I sent my first letter to reclaim bank charges 42 days ago along with £10 postal order. As yet I have not received a reply and am unsure how to word my second correspondence. [...]

Ok, simple bit first - the 40 days are up, so they are in breach of the Data Protection Act. Send a second letter, registered post, using the template elsewhere in this thread. No response within seven days, report them to the Information Comissioner.

Simply doing a Subject Access Request <b>shouldn't</b> trigger them closing your account. But given that they've already muttered about closing it, I suspect that they will want to get rid of you once they've refunded the charges. No big deal, make sure (as per Martin's advice) that you have a 'parachute' account. You might have to make do with a basic account (i.e. no cheque book or overdraft) for a while.

I know this is a bit difficult to say given that you haven't seen the statements yet(!), but do you think the amount of bank charges plus interest you will be reclaiming (remembering you are going back six years) will be enough to pay off the overdraft? If so, you have nothing to lose. If the refund of bank charges will reduce - but not completely eliminate - the overdraft, it's a bit more tricky. However, if I understand your original post, they are already wanting their overdraft back, so once again possibly you have nothing to lose.

Hope this helps - I am a newbie at this too!

babe59

Can anyone advise please, I handed the data protection letter to my bank on March 6th requesting details of charges for the last 5 years, the 40 days is now up what do i do ?????

Warriorsith

Contact them, ring them up and ask where it is. Also try reading this thread....

http://forums.moneysavingexpert.com/showthread.html?t=323057

If you have some patience and look for the anwers in the threads it will help you alot.

Celicaman

They can charge for interest on the overdraft, that is normal, however they cannot apply charges /penalties (except interest) for going over the overdraft limit. The £28/£32 charges are the interest on the overdraft.
Im not sure how you get them to freeze the interest but try contacting the CCS again and asking them for advise, im sure the banks can freeze the loan.

As for the claiming charges back.
Were you claiming for charges back or the interest (see above).
You only send them £10 if you want them to send you a list of the charges /copy statements applied to your account, not for claiming the charges back. The only interest you can claim back is interest on the charges they took from you and that in most cases only happens if you have filed a MCOL (Money claim online) If they do offer anything, they will always try for less than you are claiming less the interest ( some peeps have had more/ less success than others, its seems to vary depending on the amounts claimed and the bank involved)
Have a good read of Martins methods of claiming and listen to his video, it explains all. Use the template letters as available and stick to the time lines it gives you, i have followed them and was nervous from the start, but with reading the advise and threads of all the people on here, it gives you so much confidence, but do not do your own thing or deviate form the templates unless you really know your stuff.
Make sure you list all the penalty charges and use martins charges accumulater with the interest and print a few copies out to send with each letter


http://www.moneysavingexpert.com/cgi-bin/viewnews.cgi?newsid1141050760,24632,

Good luck, Remember you are never alone in your fight, we are all fighting for ourselves and each other against the banks

Celicaman

I am waiting statements from Egg as well and 40 days are about up and cheque for £10 has not been cashed yet
So as with other peeps on here i wondered what to do, Advise was received and i telephoned EGG yesterday and i was told it was logged as being processed on the 5th April and should be out soon ( i sent it 3rd march) so it seems they are busy but get there eventually.
So my advise is ring the customer services of whoever you are chasing, probably best to get name of person speaking to as well.
I will give it this week and then letter to commisioners. Its not my problem then.

wendylc

Halifax sent me a letter on the 13th april (1 day left for deadline).
Saying if I wanted my MORTGAGE statements I will have to send £15.00 per year for the statements.

I asked for my BANK ACCOUNT statements not mortgage statements.

I haven't even got a mortgage with the Halifax.

When I phoned them they said I have to wait another 28 days now because they have had to reorder them.

Should I sent a complaint to the information commisionare?

Celicaman

I asked northern rock for copy of statements and they wanted £45. then i found out that its not a copy of the statements that i wanted but a list of the charges applied to the account and for that they can only charge a one off £10.00 fee, so the same probably applies to you.
You probably will have to wait as it was a mistake on your behalf although i would question what difference it would make as i presume you would have asked for the details Quoting your account number, sureley thats what they would use to access your account or im i just being pedantic and suspiciously wonder if this is just another stalling tactic

AUDE

I sent a letter 51 days ago to Barclays Bank asking for the 6 years worth of statements. got the letter to say it was being dealt with..called them up after 40 days and they said that due to high volume of demands there would be a delay!. How long should I wait? I also sent a letter as advised to the commissioners office after 40 days were up but have not received a reply from them either!

Lisawws

i sent my letter to BOS on 1st march, the 40 days ended on the 9th april which was bank holiday monday, so on the tuesday i called them up and they said due to back log etc an dbank hol that is why u havent received anything.

so they called me back on thursday to tell me that they had put in another request for my statements and that i may end up with 2 sets but will not get charged.

basically its now day 47, still no statements, do i report them to the ICO? or do i wait and see if i get them this week? i dont want them to think they can kick the backside out it.

any advice on what step to take next will be appreciated.

tessbell

Hi

I recently sent a letter to my old bank chasing some bank chgs, This was sent on the 1st March 07 by recorded delivery. I have checked with the bank and post office and this is all ok. However although the 40 days was not up until 9th April or there abouts I actually managed to spk to someone at the bank on 27th March who kindly told me that because of all the people jumping on the "band wagon" they have had to set on more staff as they get more than 2000 letters a day? oh dear ! So they have not cashed my £10 chq and cannot guarantee to reply. I have this morning tel the bank only to be greeted by an answerphone for approx 5 hours. Is my next best bet to go to the Information Commisioner.

thanks for reading