Very interesting thread - it looks like i may be going to court over a claim in which i have claimed contractual interest. I notice Stonelafter said that case law is very clear on the issue of reciprocity - any pointers??? Doea it involve the legislation concerning unfair contracts, & unfair terms in contracts ?? Thanks. Mr Chips

Hi, i have a question about GE Capital & the store cards they run (topman etc). They have told me that they cannot provide 6 years worth of data for my SAR, because they only hold 5 years worth. So, they say they are not in breach of the DPA because they do not hold the data. Is there any way they should be forced to keep 6 years worth of data through laws/ regulations ? What is to stop them destroying all data over lets say 2 years old, and then they would not be in breach of the DPA when they supplied only 2 years data, because they would not have any older data ? I kind of guess that there is something forcining financial institutions to keep at least 6 years worth of data, otherwise all the banks would be using this excuse for not supplying data. So, does the same apply to GE Capital & their store cards ? Mr C.

Hi, recently i have received settlement in full for a claim with HBOS. However, they have now put a debit on my statement for exactly the same amount as was paid! Have rung cust services, and they said that the debit resulted from a letter they (now they are MBNA - they took over the Bank of Scotland card) received from the Halifax, but they could not give the reason why. More phone calls, but still no reason. Has anyone else experienced this situation ? Maybe it an entirely innocent mistake, but naturally i am suspicious. As the amount is on my statement, then there is money to pay, and interest etc. How do i force them to explian or remove the debit ? Are they just allowed to randomly enter a debit ? I will be writting them a letter, but i am imagining a nightmare might develop. Mr C

Hi don't know if it helps anyone, but i have gone for contractual interest on all 6 of my claims, 3 settled in full so far. I will not back down if they persue a case to court - if judge rules that i can only have 8%, then that is fair enough. Isn't there a bit in the unfair contracts legislation that says that there can't be anything in the contract which does not equally apply to both parties - i may have this wrong, i am not legal (you may have guessed!). Mr C.

Thanks for your reply & your help. Mr C.

Hi, when changing the amount claimed (the bank has just given you more of the data you requested from your SAR), should you fill out part c ? Should you also include other paperwork as evidence ? Thanks

Hi, i have a judgement in default issued on 10 Nov 2006 (from an English Court) as the defendant (RBS Nautilus - registered in Scotland) failed to reply to the N1. It has ordered the RBS Nautilus to pay me the money. So far no payment. What is the best course of action now ??? Thanks The Biter Bit.

Sorry - another bit, if you are going to take appropiate action, then list exactly what you will do (eg lodge a court claim etc), and then follw through with it. This is why i said i proceeded straight with an estimated amount for any months where they refused to give me the data - otherwise you end up going to court for the data - delay, delay etc. Then you go to court again for reclaiming your money. I just felt if they wanted to be ackward about it all, then it kind of plays into my hands, as i shall estimate & if they want to dispute then they have to supply the data anyway. Also, on my claim form i can list the reason why i have estimated as that they have failed to comply with the data protection act. Now, with the IC on my side, i feel that this sort of behaviour is to my advantage in front of the judge ! But it is up to you, whatever you feel is the best way forward. The Biter Bit

The template letter for a SAR is in "Bank templates Library", "1. Data protection act subject access request letter - list of charges." by Bank Fodder. I would tend to stick to the template letters - they should have all angles covered! The Biter Bit

Hi, the first step is to get your statements - send the SAR template letter + £10. You could mention the IC's ruling, but i half suspect that B'card might well just ignore you & the IC anyway. When you get your statements, work out the fees taken from you, & then send the "prliminary letter" template asking for the money back. Then its a LBA, then a N1 claim. With me, when they gave me the microfiche treatment, i lodged an immediate complaint with the IC's office (after the 40 days & nights had expired for data compliance). Also, i figured that why use 2 court claims to get at what i wanted - i submitted a preliminary letter, estimating there to be a charge in any month for which no statement had been provided. This was clearly labeled on my schedule of charges. Then an LBA. Then a county court claim - if it goes to court i shall be explaining to the judge my rationale & with the IC on my side, i think i shall be the reasonable & lawful party ! (ps i would still write to them if you don't get all the statements & point out all the details & demand compliance). The SAR & prliminary + LBA are different issues. SAR is for the data. Prelim & LBA + court action are all for the money & should all be consistent (see letter templates). If you will be going for the contractual rate of interest (ie the rate of interest they charge on your account & probably shown on your statements), then mention it & detail it clearly from your prelim letter, through your LBA to your claim form. If you are going just for the "courts rate of interest" (8%), then you will only mention this on your court claim form. I think if you look around this site you find all the template letters + all the details of interest etc. Hope i have helped & not confused. Good luck. The Biter Bit

Hi i also put in a complaint some time ago now & have just received the exact same letter as JLW 61. No more microfiche treatment for anybody else - hopefully. I had previously started the ball rolling, claiming an estimate for any missing statements. The Biter Bit !

Thanks Martin3030.

Thanks DNA, much appreciated!

Hi Martin, thanks for your reply, & to one you replied to from another thread (i think Sarah13). I've searched throught the faqs again, and had a look at the relevent forums. 1) With Shell Visa card, the statement clearly identifies RBS Nautilus Ltd as the company responsable - they are only registered in Scotland according to Companies House - just proceed as though they were an English registered company ? 2) With store cards (Top Man & River Island) the statements do not say who issues & runs the cards. One has cheques payable to GE Capital Bank, the other to GE Money (no company registered at Companies House with just GE Money as their title). Should i go for GE Capital Bank PLC trading as GE Money for both TopMan & River Island ?? 3) Again with Barclaycard, the only listing close is "Barclaycard Funding PLC" at Companies House. So should i go for "Barclays Bank PLC trading as Barclaycard" ?? It looks like to me that "GE Money" & "Barclaycard" are just names & not registered companies? Thanks

Hi Moores, just wanted to ask the exact words you used to name the Defendant (Barclaycard) on the N1 form ? I will be doing the same soon. Cheers.