Bank unable to locate documents sent

Dennis_G_Cotton

Hi guys,

Noobie here I'm afraid, (1st post)

What's your thoughts on this one then?

I contact bank with regards claiming back unfair bank charges, I submit SAR with £10 fee, bank sends back statements etc, I highlight all relevant charges on statements, along with separate inventory of charges collating 8% interest with it, along with normal complaint letter justifying it etc etc, bank returning the compliment by refusing to refund charges, (as I expected) - I contact bank by saying, "ok, I'll persue through FOS, and I'll have my original highlighted statements back thanks.." you can guess what's coming next folks?? THEY CAN'T FIND THEM, we are unable to locate them they say, they went down for scanning and they never got scanned, what do you reckon, breach of DPA 1998?, FOS on it like Wallace and Grommit as we speak..

I do, (apologies for long post), any thoughts?

dunstonh

I contact bank with regards claiming back unfair bank charges

which is destined for failure as banks no longer have to consider complaints on that basis and the FOS will not either.

bank returning the compliment by refusing to refund charges, (as I expected)

If you knew it doesnt work any more then why do it? Seems a waste of £10 and time for all concerned.

, and I'll have my original highlighted statements back thanks.." you can guess what's coming next folks?? THEY CAN'T FIND THEM, we are unable to locate them they say, they went down for scanning and they never got scanned, what do you reckon, breach of DPA 1998?,

Its not a breach of data protection. Misplacing minor documents is an inconvenience. If the documents were misplaced and then given to someone else or they turned up in the skip it would be.

FOS on it like Wallace and Grommit as we speak..

The FOS wont be dealing with it as you have to complain to the bank first about the loss of statements to give them a chance to resolve it. FOS can only start looking at it once you have had your complaint outcome (this is a different complaint to the your earlier one).

Dennis_G_Cotton

"The FOS wont be dealing with it as you have to complain to the bank first about the loss of statements to give them a chance to resolve it. FOS can only start looking at it once you have had your complaint outcome (this is a different complaint to the your earlier one)"

Well.. the letter from FOS this morning states that they have contacted my bank to provide further information about the charges applied to my current account and that everything will be investigated in great detail etc, to add to your comment with regards to the bank, all avenues have been exhausted on this one with the bank issuing final report etc..

Any further thoughts?

Dennis_G_Cotton

to add to that, who is to say that they aren't as you mention.. in a skip or in fraudulent hands as a result of their negligence, thought banks had a duty of care with regards documentation, aren't there data controllers employed to ensure documents to be processed responsibly??

dunstonh

Dennis_G_Cotton wrote: »

"The FOS wont be dealing with it as you have to complain to the bank first about the loss of statements to give them a chance to resolve it. FOS can only start looking at it once you have had your complaint outcome (this is a different complaint to the your earlier one)"

Well.. the letter from FOS this morning states that they have contacted my bank to provide further information about the charges applied to my current account and that everything will be investigated in great detail etc, to add to your comment with regards to the bank, all avenues have been exhausted on this one with the bank issuing final report etc..

Any further thoughts?

If you read the FOS website you will see that they do not consider complaints on unfair bank charges. Once the bank make them aware that your complaint was about unfair bank charges, then expect the case to be closed.

to add to that, who is to say that they aren't as you mention.. in a skip or in fraudulent hands as a result of their negligence, thought banks had a duty of care with regards documentation, aren't there data controllers employed to ensure documents to be processed responsibly??

They could be. However, unless you can prove it then you have no reason to make that allegation. You need evidence to support allegations.