Darren vs Bank of Scotland. ** WON **

[dazzaboy2]

Hi guys,

 

Like everyone else, I am sick of being ***** by my bank. I reckon that over the years they have taken over 3k in charges from me. So..........

 

I sent this first letter to BOS customer relations on the 14th:

14/08/2006

 

 

Dear Sir/Madam

 

Re: Data Protection Act 1998 request for xxxxxx xxx, account numbers:

 

Sort code xxxxxx, account number xxxxxxxx

 

Sort code xxxxxx, account number xxxxxxxx

 

 

Please send me the information which I am entitled to access under Section 7(1) of the Data Protection Act 1998 (the ‘1998 Act’) in relation to all charges which you have applied to my above noted accounts within the last 5 years from the date of this letter.

 

If you require any further information please let me know as soon as possible.

 

I enclose a cheque in favour of your bank, for the sum of £10 with respect to the maximum statutory fee for processing this request.

 

I look forward to your response within the maximum 40 day time limit under the 1998 Act.

 

 

Yours sincerely,

-----------------------------------------------------------------------------------------

 

As yet, I haven't recieved any correspondance from BOS although they have cashed the cheque I sent. Should they have acknowledged my letter?

 

Does this look ok to everyone? I only discovered this site recently.......and am beginning to wish I found it before I sent the letter!!

 

Any tips and advice appreciated!!! This site is fantastic, but theres sooo much info to get your head around!!

 

I'll keep you posted with regards to any progress........

 

Darren :-|

 

 

Edited;please dont use libelous words !

[debt_mountain]

I received a "got your request, we are working on it" reply within 2 days of posting my requests!! I was suprised.

 

but I have jst sent a second request about my 2 mortgage accounts (didn't think these could be "done" too, so I will let you know if the quick reply was a 1 off or not.

[livelylad]

please be aware that the statue of limitations is 6 years, so you can ask for another years statements.

[dazzaboy2]

Hi guys,

 

Reply now recieved from the bank regarding my bank charges. They have provided only statements back until May 2004. I quite clearly asked for details going back 5 years. I guess my next plan of action is to write to them again asking for the missing data. Any advice or tips on this anyone?? Totted up the charges so far and close on 3k!! I wonder if they are worried about telling me the whole truth lol.

 

Any advice greatfully appreciated!!

 

Darren

[Giveitback]

they should send the rest later. Seems to come from two places. i think statute of limitations is only 5 years in Scotland, but I'm pushing for 6. maybe that's why it looks like I'm in court on thursday.

[dazzaboy2]

Right, thats the letter away asking for the missing information!! Lets see how long they drag this one out for! Just one quick question as I'm thinking ahead now about the spreadsheets etc and when I'm filling them in. My statements from BOS only say on them 'charges as notified' and then the amount of money taken. How do I find out what each particular charge was for or do I have to work that out from the amounts taken?

 

Thanks guys............

 

Darren

[peigibeag]

Hi

I asked about 'charges as notified' on a thread I started. I've been told that it's acceptable just to use that.

http://www.consumeractiongroup.co.uk/forum/scotland/32836-can-i-claim-new-post.html

[dazzaboy2]

Mods,

 

Is there any chance this thread could be moved to the BOS / RBS section?

 

Thanks,

 

Darren

[Mairi]

Hi dazzaboy2

If your statements are the same as mine then you should be able to work out what charge refers to. Before Aug 2004 excess o/d was £20, then it went up to £30,

Failed DD was £35 then raised to £39, and end of the month (acc maintenance) charge was £15 then went up to £28.

[dazzaboy2]

Well,

 

still nothing recieved from the 2nd letter asking for the missing statements. Whats the best course of action to take here? Should I phone phonebank and ask them to send them out or do I write again? I wish they would just send.......... I want to get going with this but am stuck without all the info!!

[Mairi]

hi Darren

seems to me, by your first post they are out of the 40 days.Phone them and kick up s###.

then check out this thread

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

there is a letter you could send here. Doesn't have much weight for us scots as there is a problem with small claims actions with no monetary value (if u know wot i mean). But then the threat speaks for itself.

mairi

[dazzaboy2]

Hi guys,

 

Want to just check something before I phone them about the missing info! When I sent my original SAR letter in, I sent it to customer services in Dunfermline. The reply I recieved came from NJ Innet in Halifax...........so the 2nd letter I sent asking for the missing info, I sent to NJ Innet. Was this correct?? Or should I have sent it elsewhere??

 

Thanks..........

[gargoil]

It should get to the right place anyway. When I hadn't received all my info after the 40 day deadline with BOS I called them up and was told that they are prioritising the cases where the 40 day shave expired. The guy I spoke to was extremely helpful he personally took on my case and i had all the info 5 days later.

[dazzaboy2]

Phonebank telephoned on the 6th, the guy assured me I'd be in recipet of all the info within 5 working days. Nowt so far, so if it aint on my doorstep on Thursday morning.............I'll be reporting them to the information commissioner and writing to them also.

 

I just wish they'd hurry up............I'm raring to go with this !!! lol

[dazzaboy2]

I got up today, and a big envelope from BOS is there to greet me!

 

I opened it, only to find that half of the information is still missing!! They have only sent the remaider of the information for one of the accounts out of the two I requested.

 

Phonecall to phonebank tomorrow and also the information commisioner me thinks......

 

BOS are either very stupid, or very clever...............

 

[dazzaboy2]

You couldn;t make this up!!

 

Another envelope of statements recieved. And guess what...............theres still a lot of information missing!

 

I immediately called Phonebank, and spoke to a very helpful man. He assured me that I will be in reciept of my info by the weekend and will call me to confirm it is en route.

 

If it's not here, I will most certainly be contacting the information commissioner. I submiited my SAR on the 14th of August!

 

This is a joke..........

[dazzaboy2]

Hi guys,

 

Bit of advice needed. I've just been having a quick look through the spreadsheets I have already compiled. On one account, there is a regular charge every month of £28. On the statements it simply says Charges to DD/MM/YY. Can I calim this back. The account in question is a bill payment account which is attached to my current account. I'm now thinking that this may be some sort of charge for the facility.

 

Any advice greatfully appreciated.

[alisonmcmorrin]

I claimed this back, it is a manintenance charge for going over your overdraft, there is also a referral charge which is normally £30, this is per item they have allowed to be paid although you have not had funds. Sometimes the referral charge can be up to £90!!! Talk about EDIT the poor to pay the rich!!!!!!!!!!!!!!!!!!!!!

 

 

 

**Moderator Note: Edited due to libelous content.

[giveITallback]

I am claiming also and have today received the usual p*** off letter from my local branch onto the LBA stage i think.. (make sure you file away all your bank statments going forward they always come in useful at some point. Im claiming back £600 in charges and then asking them to pay 29.84% on all their charges from the date they took my money, I dont have an overdraft and therfore am usually in credit so they can go to hell!

[dazzaboy2]

Well,

 

I'm just home after nightshift. The doorbell rang. The postie was there! With a big envelope for me to sign for. Special delivery if you don't mind!!

 

Alas..................my info is complete!!! It's only taken them since August.......

 

Coincidence? Or as a result of my phonecall yesterday???

 

However, I'm gonna hit the sack before I do my final calculations, but as a rough guesstimate.....near on 5k.

 

Y'know, if it wasn't for that 5k having been 'taken unlawfully' from me over the past few years, I'm guessing I would be in a different position right now.

 

I want it back. I want it all back.

 

And you kow what.............I'M GONNA GET IT.

[dazzaboy2]

Hi guys,

 

Bit of advice needed. I have now calculated al my charges up and it comes to almost 4k. Now I know that my next move is to write to them asking them to refund them to me. But what I'm a little confused about is do I ask for interest at this stage? And if yes, at what rate?

 

Some threads show people asking for it at this stage and some only doing it if the have to submit a claim through MCOL etc.

 

Thanks.............

[Mairi]

hey Darren, the interest that you would ask for at this stage can be worked out using the complicated spreadsheet in Vamp's chamber. Some have asked for it back, others havn't, it can be very complicated and sometimes does not amount to that much. It's really up to yourself, weither you ask for it or not.

Personally i didn't as i aint too clever when it comes to spreadsheets.

Or you could check out the thread about claiming contractual interest, its fairly long but maybe worth the effort.

http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html

 

mairi

[stevokenevo]

Hi Darren, you don't need to worry about the interest at this stage, firstly send of your prelim request for the refund of the full amount. after 14 days, or you have received your 1st K.B, you send the of the L.B.A, again giving them 14 days to refund you. another K.B will probably arrive and this point your will be ready to enter your charges and dates into the spreadsheet, this will calculate oyur 8% interest from the date of each charge. depnding wether your claiming in scotland or england will be the next hurdle

 

Hope this helps

 

S

[dazzaboy2]

Thanks for this guys..............

 

I'll prepare the letter tonight asking for the full amount of charges only to be refunded and get it off in the post tomorrow............

 

Let the battle commence!

[stevokenevo]

Excellent, if you stick to the tried and tested methods, everything will be fine.

I am guessing as you are in Hamilton you will be claiming there!?

Thats were i claimed, do you know about the limitations of small claims, summary cause actions etc?? anything you want to know just ask, you will have approx a month from now to get up to speed with it all..............

 

S