hello ohh I am sorry i cant help you with this i do not know enough to advise but this reply will bump your thread back to the top so others more knowledgable will see it and perhaps advise you. I hope you have got something soreted out now and wish you all the best. Daisy

Thank you dx I am more concerned as they have increased the balance and they have the wrong account number. I will ignore them. Thanks again

hi It's been a while since I updated this thread, nothing happening, today got a letter from resolvecall threatening a doorstep visit and asking me to get in touch with the bank to arrange payment. The have quoted the wrong account number, in fact it's not even an account number. I kinow what the numbers are for, I use them quite often, what worries me is that the bank has given these details out, although they would need a password to go with them. I would appreciate any suggestions on how to handle this. Grateful thanks as always to everyone

Hi This is what happened. Income eaten up by o/d and charges. O/d equall to charges. I worked this out myself and reclaimed but was refused. Opened another bank account and transferred everything out leaving o/d comprised wholly of charges behind. Bank demanded o/d back, all charges. Bank sent account to collections. As far as I know it's still with them. No dn received. I'l check my paperwork but I dont think a formal demand was sent until after I abandoned the account. Thanks

Hi The overdraft is paid what's left is all charges which I refused to pay so I suppose I was in breach. No dn received. Thanks Ford

Hi Yes that was what I was thinking, thanks for making that clear. No default notice was sent, and no letter after the o/d was set up. I will keep you informed of any developments. Thanks again

Hi Ford Got there in the end, thanks for putting me staight. So stalemate at the moment then, am I right in thinking it would be difficult for the bank to introduce documents if they decided to take further action on this, and could be the reason they passed it around and offered a discount. I'm pretty sure I received nothing regarding the o/d at the time and nothing was signed, it was taken out with midland so I think it unlikely the bank would have kept the communication logs going that far back. Grateful thanks

Hi Ford To clear up the confusion, my fault, my original sar made no mention of facility letter, my non compliance letter did, I think this is why the bank has said they do not have to send information not originally asked for. Your point about them sending everything because I asked for all information as well, leads me to believe they have nothing else to send me as the original facility letter should have been included in my sar, if they had one. They have not provided it. so I have no idea what the terms were at the time, I am 99 per cent sure I did not receive one at the time as it was done over the computer whilst I was in the bank, I know I didn't sign anything then. Am I understanding you correctly, and does this make sense, so sorry but I am realy confused with their response to the ico. The bank has not said they do not have the documents I asked for but told ico they were unavailable. I am going to leave this one until they get in touch again. Thanks again for all the help, sorry to be a pain.

Hi No you havn't misread or confused things, would it help if I uploaded the ico letter for you to read. I did ask for all information, the bank did say t&c were not personal information and did'nt have to be supplied. Perhaps it's me not explaining very well. I'm happy to upload it. I dont know if the bank has sent me everything they have, they do say they have complied, but I would have thought they would have the original application if nothing else.

Hi Ford Understood, in that case perhaps the bank has nothing else to send as they have in previous letters stated they have complied with the dpa so it may not be worth sending another sar. All they have sent for this account is a few statements, a list of charges and a recent facility letter, nothing for the opening of account. Thank you, I value your opinions and always learn something new.

Hi again Have just read s7 and s8 dpa and understand thank you. I adapted the template letter from here for the sar and asked for all data which was not limited to the following, copies of application forms credit agreements and t&c from inception. I did'nt use the words facility letter. I think the bank are just being awkward and messing about to be honest. The sar was sent in july 2010. Non compliance letter was sent in september 2010 Complaint to ico was sent october 2010 Reply not upholding complaint received may 2011 Letter received from metropolitan may 2011 putting account on hold for a few weeks. No further correspondence sent or received since. This account has gone from bank, metro, dg, cdru and back to metro. Perhaps I should leave well alone for the time being, any opinions would be welcome. Thank you Ford as always

Oh forgot, I also made a cca request and the bank claimed part v exemption.

Like the smileys:-)

Hi Ford Just to keep you up to date, I have already made a sar request for this account, I received a few statements but nothing more. I eventually reported them to the ico who did not uphold my complaint, the bank told them t&c were not personal information so did not have to supply them and the bank also wanted clarification on what exactly a facility letter is! I will go through the sar information again in case I missed anything, I received a huge box of stuff for a few accounts, I will let you know if I find anything, but I dont think I will. In the sar letter I sent I asked for documents and anything with my name on, I didn't ask for facility letters, the bank also told the ico that they did not have to provide anything that wasn't asked for in the original sar or anything after that date. I understand this. Do you think I could sar them again and ask for the facility letters or because I have heard nothing from them since, should I leave well alone. The bank may be waiting for me to make the next move and ask for the information, this account has gone very quiet. Thanks again

Hi Ford That could be the reason then, the account originates from early nineties. Thanks

Hi Ford I understand now about the dpa and personal information and wont rely on that. Yes the claim that is stayed is the one you posted on and no there has been no developments at all with this, I'm still waiting for them to respond to the cpr 31.14 request. My other thread is still stayed also, no developments there either. Thank you silverfox, the terms and conditions were not personally negotiated, although I'm still puzzled as to why the bank sent the t&c for one account and refused them for another! Thanks again both

Hi Ford Thanks for the link. Have read dpa, your help as always is taken seriously and I thank you for that. It keeps me focussed. Thanks again and if I may come back with any more questions I would be grateful for your opinion. Best wishes

Hi Ford Thank you for replying, I will read up on the dpa. I was refused the terms and conditions for a bank account asked for in a sar because they say they are not personal information. This I understand as they dont contain my name or any other personal information about me. I was sent a blank agreement and terms and conditions for another account also under a sar and wondered why the difference. This particular account is stayed at court. It seems to me the bank want it both ways, sending terms and conditions when it suits them. This is why I asked whether I could argue this in my defence, that the terms and conditions are not part of the agreement as they are not personal to me. Thanks again

Hello If a bank refuses to send terms and conditions for a bank account as they consider them not personal information could it then be argued that the terms and conditions they send for any other account are also not personal information and could this argument be used as part of a defence. Any help or comments would be appreciated. Thank you.

daisy as posted before, if you want to bring the matter to a head you could consider applying for a strike out. yes, the ct may then order them to comply with 31.14, failure of which would result in an auto strike out. there may not, of course, be the potential protection of CPR 38.7. if they had something concrete to go on, surely they would've acted on it? it has been some time? it is stayed, so they would need to apply to lift the stay if they wanted to continue? which may result in a hearing in itself? what do you think? imo Hi ford No diferent case, I asked the question regarding my thread on an overdraft which is all charges. I have decided to leave the other case alone now as the solicitors are still ignoring me. I will wait for them to lift the stay. thanks again

Thanks ford I will wait now and see what they do next. and will update on my own thread. Thanks again everyone.

Oh yes, I understand now, I need them to admit they have them. Back to square one with this now then as the bank seem unwilling to admit to anything. Thank you Car for explaining the difference.' it's very confusing.

Hi Priorityone Thank you for that, it answers my question. As far as I know the bank has not told the ICO why they could not provide the docs. At least the ICO have not told me if they have. Thank you

HI No the bank ignored my requests for documents. I complained to the ICO who have told me the bank has complied as they said the docs were unavailable. So no they have not confirmed it either way. Thank you

Hi May I ask a question regarding these regs. Coud I ask a bank for confirmation on whether or not they hold documents relating to a bank account opened in the early 90's. I have asked them for docs in a sar and complained to the ICO for non compliance. They have told the ICO the docs are unavailable.