SUCCESS!! Received a credit for £570 today to my account, i believe a letter is in the post but I have to go out now so i'll give you guys the heads up. They haven't sent the £30 I claimed for debit interest on the charges but seeing as i haven't even got to the moneyclaim stage yet I will be accepting this as final settlement. I'll sort the survey/donation/Pm'ing BFodder out later today. Been a great couple of days for me as Capital One settled yesterday also. I have still to hurt Barclaycard/Mint (getting tricky) and a couple of others for smaller amounts so i'll be around on here for a while yet. Anyone that has a claim stick with it as it's your turn soon. All the best Dave

It's just 40 days bank holidays included. After recently receiving £801 from Capital One i wish you the best of luck and I'm confident that if you follow the correct procedures you will get all your money back. Dave

Congratulations meggiemoo_d very well done. In some way the feeling of achievement outweighs the money doesn't it? Enjoy Dave

That is an excellent piece of writing rbrears, for me it is far more justifiable than the service must be reasonable argument.

I agree with you Lee i would personally stick to the flat denial that it isn't a service route. My only worry being that a lot of people have acknowledged the service argument in their particulars of claim which would give it further credence, at least enough to justify what points of law apply.

But how can that stand up in court. You cannot provide a service by NOT doing something.

Am i right in thinking that for the service to be valid it must have at least adequate (and not reasonable) consideration for both parties. Therefore the bank would have to argue exactly what they have given up in order to NOT pay a cheque or a direct debit. I accept that there is consideration in the event of exceeding a limit because they have effectively given you the benefit of a loan.

Sent secure message asking for their intentions and stating i would launch court proceedings this friday.

I got a we are looking into it letter last week, i proceeded with the LBA and didn't move from the schedule. Hopefully they will stick to the form book and credit my account in the next few days.

I received a letter back with some excuses along the lines of "our system was down, we searched for the wrong thing etc etc." Anyway i now how all statements together with an apology, maybe they are reading this post right now?! Prelim letter on the way £220 + £60 interest

They didn't acknowledge my claim and so I have won by default (issued already), just have to get the money now. I will give them seven days before the warrant of execution.

Hi Julia I sent my dpa request to this address, it did take a while (35 days or so) but did arrive in full. Smile Bank 1 Balloon Street Manchester M60 4EP Make sure you send the £10 up front and don't be frightened to chase up via the secure message system.

I would try your luck with one further letter illustrating to them how it will cost them more in court fees if they don't send it to you. If not it is still worth it in my opinion. £20 for an hour or so work sounds good to me.

Cakey is correct, just take a big thick black marker to all the bits you aren't happy for them to see, you will only need to send one page with the address and a/c number anyway.

Good luck Kath i hope you get all your information, if any is missing please contact me on my thread in this forum.

Surreyscouse after plenty of waiting i got a flat denial from them, i am half way through waiting for their response to my court claim. Good luck with yours i will keep you informed.

If you check my monument thread on other institutions I was sent incorrect data in my dpa which can be proven before a court. I would not trust any institution to advise me of my total charges without a breakdown.

Although I have applied for my charges back through moneyclaim already i did get a response to my letters to MINT. I think this paragraph may be of some use to us. Perhaps you would like a scan guys? "There is no reason why customers should incur these charges to which you refer, as they are entirely avoidable if the terms of the account are not breached." They might as well have put "THESE ARE A PENALTY!!"

Jacksy the 8% is only if you are going to court, there are two different types of interest. The interest I am claiming at this point (£30) is hard to work out but it is my lowest accurate estimate of what they have made in standard debit interest charges for when i have been overdrawn.

I've been thinking about this for some time. I think your angle is as follows. In your letter you have offered me copy statements for £3 per statement, the very fact that you can provide this data for this amount tells me you can get hold of it with minimal difficulty and suggests it is kept in a relevant filing system microfiche or not. Profiting from your responsibilities as the data controller is not acceptable as you are effectively declaring you can provide the data easily but for a certain price which grossly exceeds that of the statutory minimum. You could then go on to comment on microfiche as in this page; http://en.wikipedia.org/wiki/Microfiche Alternatively, I don't know how easy it is to claim back the £3 per statement charge if you were successful in a claim could someone advise?

Jack they are calling it a service charge but it isn't. I'm claiming a mixture of "commission" "referal charges" and "service charges".

I've written a letter on your advice BF, this will be sent tomorrow by recorded delivery. Following receipt of your letter and requested information of the 21st April 2006 I am disappointed to see that due to an apparent technical problem you are unable to produce full information held about me under the Data Protection Act 1998. I’m sure you can understand the difficulties I face in understanding the situation. You claim that you are unable to obtain statements dated from June 2003 yet are keen to point out with confidence that no charges were applied in the period. It does beg the question how you can possibly confirm this without looking at the ‘unobtainable’ data? I suggest the Information Commissioner would have similar difficulties understanding your obvious obstructions to my full Subject Access Request especially as it is clearly my statutory right to do so under the Act.

Hi guys thanks for your response, The charges on the statements they have sent me are £140, there are 2 charges of £20 separately on the 'hidden' statements in my possession. I am unaware of the charges on a further 3 (possibly 4) statements.

£635 worth of charges of which over the period they refunded £65 after phone calls. I calculate the interest to be £32 but i will ask for £30 to ensure i don't over estimate. Prelim letter on its way today.

DPA request here today, just checking through will update further.