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40 days and no info/statements

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  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    adrienne1 wrote: »
    I wonder if you can give me some advice. On 4th May I sent a claim with a cheque for £10 to Alliance and Leicester for unfair bank charges. The cheque was cashed by them on 25th May. I sent an email via my account (which I closed in March) and received a reply that the time they were allowed was 40 days from encashment of the cheque. I sent them another email saying that this was incorrrect.

    I have now had an email saying that the relevant department cannot find my claim and they will have to investigate. Is this delaying tactics and what should I do next.

    I tried ringing A & L on the tel. no. 0116 200444 which is given on the back of their complaints leaflet but it was just an answerphone. I left a message but there has been no reply.

    It is now 54 days since I sent off my cheque. What is the next step please.

    If you haven't received all the information you require within 40 days of them receiving your Subject Access Request, you can refer the matter to the Information Commissioner.

    However, his staff are as inundated with complaints as the banks’ and credit card companies’ are with SAR’s. The banks and credit card companies have received so many reprimands that one more doesn't make any difference.

    <O:p</O:pIn the meantime, you can always draft your first claim letter so that, when your data does arrive and you've done your sums, all you have to do is fill in the blanks.
    The acquisition of wealth is no longer the driving force in my life. :)
  • Vikingfan
    Vikingfan Posts: 254 Forumite
    I phoned my bank the 1st day after the 40 days and told them they were late and they said that they had loads of people to deal with and lots had been waiting months after the 40 days so I said that I would be reporting the bank to the information commisioner and the lady replied that The bank was only 1 day outside the 40 days and my response was that If I was a day late withe the payment I would get charged by the bank,so I was going ahead with my complaint.
    The statement came within the next 2 days.

    I guess the moral of the story is too let them know you are serious.
  • (DAY 1) 25<SUP>th</SUP> March.
    I sent a letter asking for a comprehensive list of all default charges over the past six years .
    <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
    Late April I phoned and was told they were very busy but they would be sent off as soon as possible.
    <o:p></o:p>
    (DAY 43) 7thMay
    I sent a second letter asking why the info still hadn’t arrived when it was promised in my telephone call.
    <o:p></o:p>
    (Day 47) 11<SUP>th</SUP> May
    I received a letter confirming that I will receive the information I requested “no later than 40 days from the date of my original request”
    Please note that it was already 47 days since my original request.
    <o:p></o:p>
    (Day 53) 14<SUP>th</SUP> May
    I wrote again asking why I still had not received the information and threatening to inform the information commissioner about the delay.
    <o:p></o:p>
    (Day 54) 16<SUP>th</SUP> May
    Received a letter containing a list of the default charges for 15 months, 11<SUP>TH</SUP>February 2004 – 15<SUP>th</SUP> May 2005,which was well short of the six years I had requested, the letter stated that charges prior to 15<SUP>th</SUP> May 2004 would be sent under a separate cover, “however I can confirm that you will receive a response from us no later than two weeks.
    <o:p></o:p>
    30thMay
    Phoned and was told that it would be posted off as urgent straight away.
    <o:p></o:p>
    (Day 70) 3<SUP>rd</SUP> June
    I wrote again reminding them that yet again they had broken their promise and informing them that I was lodging a complaint against the bank with the information commissioner as they had infringed my rights under the DPA.
    <o:p></o:p>
    7<SUP>TH</SUP> June
    Phoned and was told same as the last time,” it will be sent marked urgent”
    <o:p></o:p>
    14<SUP>th</SUP> June
    Phoned again and was told the same again

    (Day 85) 18<SUP>th</SUP> June, almost three months since my original request.
    I received a letter which was word for word the same letter I received on the 15<SUP>th</SUP> May, only the date was changed and enclosed was a list for the same 15 months period I got then.
    <o:p></o:p>
    (Day 86) Next day I received the same list again
    <o:p></o:p>
    (Day 93) 27<SUP>th</SUP> June
    Phoned again and got the usual tale ,”I will have them sent off to you immediately.
    Had an appointment with the branch manager who was no help whatsoever ,she had a cursory look at my list of calls and letters in no way taking enough time to read them properly and said she would send an email.

    Can anyone tell me what to do next,I keep on hitting a brick wall
  • mel-mel_4
    mel-mel_4 Posts: 16 Forumite
    Hello all ,
    please help cos I am a newbie. Need help on my 2nd claim
    Story:
    On the 24th of April I worte to the bank requesting they pay my bank charges.
    (This was before I saw this site!)
    I waited and then on the 20/06/2007 I sent them the 2nd letter from this site giving them 14 days to pay up.

    Problems:
    1. I have not received a full list of my bank charges, but if I want to get it now I may have to wait another 40days!

    2.However I have been advised on over the phone on more than one occasion that it amount up to just over £1900!
    A) Therefore can I proceed and take them to mcol as it was 8 weeks since the beginning of the process on 24th june?
    B) SHould I wait a further 14 days which wuld give them until july 4th which corresponds with the date of my 2nd letter?
    C) Do I have to start from scratch and get all the statements?

    I would like to go straight to court now cos I know they get scared but cos I haven't got a full list of charges I dont' know if I can log it throuogh the courts system!

    PLease help
    Newbie mel-mel:o
  • Psychofly
    Psychofly Posts: 439 Forumite
    Do what I did... phone them, give them your reference number and tell them that last time you phoned you were promised your statements within 7 days but you've still not received them. I've done this for both my current and joint accounts and I've received all my statements the next day.
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    mel-mel wrote: »
    Hello all ,
    please help cos I am a newbie. Need help on my 2nd claim
    Story:
    On the 24th of April I worte to the bank requesting they pay my bank charges.
    (This was before I saw this site!)
    I waited and then on the 20/06/2007 I sent them the 2nd letter from this site giving them 14 days to pay up.

    Problems:
    1. I have not received a full list of my bank charges, but if I want to get it now I may have to wait another 40days!

    2.However I have been advised on over the phone on more than one occasion that it amount up to just over £1900!
    a) Therefore can I proceed and take them to mcol as it was 8 weeks since the beginning of the process on 24th june?
    B) SHould I wait a further 14 days which wuld give them until july 4th which corresponds with the date of my 2nd letter?
    C) Do I have to start from scratch and get all the statements?

    I would like to go straight to court now cos I know they get scared but cos I haven't got a full list of charges I dont' know if I can log it throuogh the courts system!

    PLease help
    Newbie mel-mel:o

    As the hard copies of your statements/information will form your defence you should have this to hand before you actually start your court action with MCOL.

    So get back to the bank regarding getting this information and as already said if you have a reference number phone them again and quote that.
  • mel-mel_4
    mel-mel_4 Posts: 16 Forumite
    Cheers Edinburghlass<SCRIPT type=text/javascript> vbmenu_register("postmenu_5581872", true); </SCRIPT> .
    I did forget to mention this was a halifax credit card.
    Does it make any difference?
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    It makes no difference if its a credit card. If you are taking the bank to court your claim must be accurate and to do this you need your statements.

    Obviously its more difficult with a credit card to get the statements as you can't just go into the bank and insist but as you obviously have been phoning the credit card company you need to phone them again and make sure the information is on its way.
  • mcmac
    mcmac Posts: 28 Forumite
    hi all

    after beig so feed up and messed about i feel so read up plenty of post here and got grahams number i called but let me first tell the story

    2 claims with bank of scotland and i live in glasgow

    26/2/07 applied for statemants
    22/4/07 not recieved nothing phoned and applied again
    10/5/07 recieved statement not relising i would have to work out charges myself i phoned and request just the charges recievced nothing
    28/5/7 sat down worked out charges
    30/5/7 handed in the charges to my local branch to forward on
    5/6/7 got rejection letter phone to get it re check as stated here
    18/6/7 phoned to see how they are getting on told that they have until 27/7/7 to repond
    18/6/7 came back to this form and got grahams number
    21/6/7 first call to graham he said he would look at it
    27/6/7 today got my offers through ( now let me state my claims)

    claim 1 £2028.00
    offer £830.00 i called and refused but as his system had not updated so to call back friday i will be asking for the full amount

    claim 2 £786.00 + £236 since in applied = £1022.00
    offer £467.00 refused
    graham states he only found £934.00 which i excepted and he agreed

    so guys even if you live in scotland like i do you can still get the full or near full amount back

    this form has being very good help and encouragement (can't spell big words)to me
    graham 01977 627313

    good luck you lot oh don't need luck just call the number above
  • Hello good people,

    I sent my standard letter on the 2nd of May 2007. I had a response from the Halifax on the 18th of May 2007 stating that due to a high number of similar requests it may take a little time. But they stated I would receive a response within 40 days which I have not.

    What do I do now? Is there a body that I complain to as they have to supply this info within a 40 day window?

    Thanks in advance.
    Andy
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