Issue with Nationwide refusing to give information about my account

eskbanker

martinbainbridge1975 said:

The 500 is now 750 if the FOS get involved.

Actually £650 now:

https://www.financial-ombudsman.org.uk/businesses/resolving-complaint/case-fees

Darioargento1 said:

Legally, if I request information about my account and the way Nationwide have dealt with it, don’t they have a legal obligation to tell me?

Darioargento1 said:

My question was regarding if anyone knows banking law well enough to let me know if there is a legal requirement for Nationwide to tell me what happened.

I don't believe there is any such all-encompassing legal requirement, and if FOS were satisfied that the issue is covered solely by Nationwide's internal procedures then that would appear to endorse that.

Darioargento1 said:

I tried an SAR, however Nationwide lied in their response and did not give the information I requested. They subsequently apologised for their ‘mistake’ but would still not provide the information I’ve requested.  

There are various exemptions and waivers relating to what must be disclosed in a SAR response, but if you feel that their response to your SAR is flawed then you could take the matter up with the ICO?

born_again

Darioargento1 said:

Hi, thanks for the response but I’m not after any interest. I simply want to know where this money came from and why it is was paid back to me. I have a closing statement from this credit card and it was fully cleared with the balance at zero. Just for clarity I did not gain from them admitting a mistake, I have no idea why they paid me this money. They made a mistake when I asked for an SAR following their refusal to explain where this money has come from, in which they provided me with incorrect information. They subsequently apologised but did not provide the info I requested. It’s a simple request and they could easily comply, the fact they don’t makes me suspicious. They would rather have a £500 bill then simply tell me how they’ve calculated that they owe me money. As I can’t see or know where this has come from, I can’t determine it’s correct, which is all I’m trying to do. 

There have been many cases like this, where FCA ask CC co's to revisit old cards to do reconciliation on old cards that correct amount of interest was worked out.
This will be done by non customer facing teams & call center staff will not have any idea as to why, only that there is a refund. So they do not say the wrong thing & cause complaints.

Also FOS will not look at it till bank have either failed to resolve, issued a deadlock letter or 8 weeks have passed.

Darioargento1

Hi, the FOS have already looked at the issue and I have a response from them, as I’ve previously stated. 

Darioargento1

The ICO was my next call, I just wasn’t sure if there was a legal precedent that the Nationwide should follow. The SAR response from Nationwide was flawed and incorrect, so I’m sure this will help. 

Emmia

Darioargento1 said:

The ICO was my next call, I just wasn’t sure if there was a legal precedent that the Nationwide should follow. The SAR response from Nationwide was flawed and incorrect, so I’m sure this will help. 

This seems completely overblown for a sum of money they've paid you and amounts to less than £10.

If you don't want it, donate it to charity.

I'm not sure why you care so much about this, why do you think Nationwide lied on the SAR?

Or are you really trying to use this to extract a larger sum as "compensation"?

tls123

Agree it sounds like the original poster is fixating on this because they want more money from Nationwide by perusing a complaint. No wonder bank staff have to be careful when providing information. 

born_again

Darioargento1 said:

Hi, the FOS have already looked at the issue and I have a response from them, as I’ve previously stated. 

So just let it drop.

SAR does not get you everything. All it will get you is what they have on your account notes. Anything else they have is for internal use only & can fairly be withheld, as sensitive data.
So if they have nothing other than what you already know, you will never get it.

eskbanker

born_again said:

SAR does not get you everything. All it will get you is what they have on your account notes. Anything else they have is for internal use only & can fairly be withheld, as sensitive data.

SAR should get you everything (in the context of personal data) that you ask for, except where the data controller can legitimately apply one or more of a list of reasonably well-defined exemptions:

Why organisations might partially or fully refuse a subject access request | ICO

A guide to the data protection exemptions | ICO

It's not obvious to me what specific exemption Nationwide could rely on to justify a refusal to divulge the calculation of an unexplained payment made in relation to OP's old credit card account?

Hoenir

eskbanker said:

born_again said:

SAR does not get you everything. All it will get you is what they have on your account notes. Anything else they have is for internal use only & can fairly be withheld, as sensitive data.

It's not obvious to me what specific exemption Nationwide could rely on to justify a refusal to divulge the calculation of an unexplained payment made in relation to OP's old credit card account?

Probably didn't perform a calculation at all. Commercial decision to make minium reimbursements of £10.  Cost effective method of resolving the matter job done. 

Seems to get overlooked these days just how expensive an employees time costs once all on costs are factored in. The waste of resources these days is frightening. No great surprise that productivity has stalled as a consequence. 

eskbanker

Hoenir said:

eskbanker said:

born_again said:

SAR does not get you everything. All it will get you is what they have on your account notes. Anything else they have is for internal use only & can fairly be withheld, as sensitive data.

It's not obvious to me what specific exemption Nationwide could rely on to justify a refusal to divulge the calculation of an unexplained payment made in relation to OP's old credit card account?

Probably didn't perform a calculation at all. Commercial decision to make minium reimbursements of £10.  Cost effective method of resolving the matter job done. 

Seems to get overlooked these days just how expensive an employees time costs once all on costs are factored in. The waste of resources these days is frightening. No great surprise that productivity has stalled as a consequence. 

OP said the credit was under £10, but whatever the figure was, it's not unreasonable to ask how they worked it out, even if the answer was basically that they plucked a figure from thin air!

I'm not actually condoning OP's decision to pursue this all over the place though, but just considering the matter in terms of their legal rights (and the institutions' obligations), which is what they were originally asking about....