A response to DPA refusal

[secrets]

I sent egg an e-mail using the DPA standard template asking for a list of all charges on the account and asked them to take £10 off my card. They have e-mailed back saying that they charge £2 per statement. Does anyone have a standard response to this refusal with the relevant precedent details?

[lois]

Hiya

 

I had a similar problem with Smile, except they wanted £10 per statement!

I sent them this (mixture of two letters):

 

 

Thank you for your recent correspondence. I repeat my request that I would like to make a formal request under the Data Protection Act for a complete list of transactions and charges from xxx to xxx. Alternatively a complete set of bank statements for that period will be acceptable.

 

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.

 

If you are of any doubt that this information is covered by the said act, may I respectfully draw your attention to the case of Durant v FSA 2003 in this case the judge ruled that bank statement information is indeed personal information and thus covered.

I authorise you to deduct the statutory maximum fee of £10 as set out under the Data Protection Act, for this information. You have 40 days in which to comply. Should there be any further attempts to delay compliance, I will be left with no alternative but to escalate this matter into an official complaint to the Information Commissioner and/or the County Court under s.7 and/or s.13 Data Protection Act. Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them and also reclaiming the enclosed £10 DPA disclosure fee.

This letter has been sent by first class recorded delivery, and therefore should have reached you by xx/xx/xx (insert next working day after posting) – as you will be aware, as of this date you have just XX days (insert days remaining since they received your original request) in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for DPA compliance.

 

I look forward to receiving the requested information by (insert date of the 40th day plus I added on 4 more days to allow for them to deduct the £10.00 fee and also to allow for postage)

 

 

This is a mixture of the letter that Alan done and the DPA letter. I got a second reply back from Smile stating that the information would be provided within the 40 day time limit so it worked for me!

good luck!

[secrets]

Lois,

 

Thanks for this, it is great! I will send to Egg today!

[lois]

they always try it on don't they?!

 

I know for a fact that Egg can provide the deatils because I got all my dad's statements from them for free within two weeks of requesting them,

 

good luck and go get them!!

[secrets]

This topic was closed on 09 March 2019.

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