chelseaharvey v Nationwide

[chelseaharvey]

Have decided that i am going to try and get my bank charges back as i was always been charged 6 years ago when i was 18 as i was always on my overdraft etc

 

I have the letter

 

Data Protection Act 1998

Subject Access Request

done, but nowhere on there does it say that i want the last 6 years, as this is what i want as i dont keep my statements. Do they just know that with recieving this type of letter that it is the last 6 years i need to be sent?

I know i need to enclose a £10 cheque, but do i also say they have x amount of days to send these statements to me, or is that after once i have totaled up the amount i am owed??

Thanks.

[lori1]

hi chelseaharvey,

try this link to a sar template letter it states that u would like statements for your banking history, this should be fine it also states that they have 40 days to comply with your request, hope this helps and best of luck with your claim x

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

[chelseaharvey]

hi chelseaharvey,

try this link to a S.A.R - (Subject Access Request) template letter it states that u would like statements for your banking history, this should be fine it also states that they have 40 days to comply with your request, hope this helps and best of luck with your claim x

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Thankyou i shall try that

[chelseaharvey]

What address as i know there are a few different places

 

Its the letter asking for my statements - i want to get it off today

[MilkTrayMan]

Hi chelseaharvey!

I sent my S.A.R. off to The Data Protection Team @ Northampton.

Data Protection Team

Nationwide Building Society

Kings Park Road

Moulton Park

Northampton

NN3 6NW

Don't forget to send it Recorded Delivery.

...and include a £10 cheque or P.O. made payable to Nationwide Building Society.

 

 

Hope the above helps?!

[chelseaharvey]

I sent a letter off asking for my last 6 years worth of stataments & 3 weeks later i got a reply to say that they would send them..

 

That was now 13 days ago and still nothing

 

I take it that as they responded within 40 days i just have to sit & wait, as its not 40 days in total is it to get the statements as well.

[dollies01]

No they have 40 days to comply with your S.a.r. and send you your statements etc, Nationwide are aware of this and with me they sent them on something like the 38th day. Patience is a virtue!

good luck

[chelseaharvey]

Is it worth calling them to say im still waiting or should i leave it, they still have 6 days

[rightfullymine]

hi chelseaharvey

i personally would leave it as they know their time scales and they will know that you can take the matter further if they dont comply..

did you sent SAR by recorded delivery? did you check on what day and who signed for the delivery of your leter by going onto royal mail web website?

i recieved my statements 3 weeks later. i think they have more sence than to overstep the mark!

i have read somewhere on this site someone did give a curtesy call..

its up to you..

good luck in getting back wots rightfully yours

keep us posted

[chelseaharvey]

40 days was yesterday and no statements have come through the post so now what

Today is day 41 & the letter i had from them a few weeks back in feb said that my statements would be sent soon, but nothing since

I knew i wouldnt get them

[Glenn UK]

Did you send them the SAR template from the library and the ten pound cheque?

 

Glenn

[chelseaharvey]

Yes i did

 

I sent this on the 16th feb & got a letter back from them on the 2nd Marcb so 14 days later saying that my statements had been requested and would be sent in due course..

 

Since i sent the letter off the 16th Feb today is now day 42, or does it go from when they sent me the letter saying that my statements had now been requested which would then mean that i would need to hear from them 11th April which would then have been 82 days in total???

 

Or is it 40 days in total they have from the time i send my 1st SAR letter to then getting the statements...

[Glenn UK]

its 40 days from when they receive the SAR and fee, plus any reasonable time they need to ascertain your ID if required.

 

So its generally 40 days from when they receive the SAR/fee, did you send it recorded?

 

If not 2 days from when you sent it since they have obviously received it.

 

Glenn

[indebtstudent]

I'd give them another couple of days, I know its not your concern but I would venture to say they're probably snowed under with requests. Hell I know they are, I'm sure I say a message from someone in the relevant department saying they had (this year GONE!) took more SAR's than they normally would in a year and its very likely they are getting more now.

 

Beyond that I can't help, I know some people have used the telephone but I'm hesitant to suggest this since there is not record of it like there is with letters.

 

I'm sure someone will be along soon who can help, I believe there is another part of the site which deals with data protetion and the like?

[Glenn UK]

Indebtstudent, pray tell whats wrong with the advice in post 4?

[rightfullymine]

hi chelseaharvey

if havnt recieved your statements by day 40 (thats 40 straight days after they have recieved your SAR (you can check recorded number by checkin on royal mail web to see when it was delivered) that includes weekends and bank holidays). after the time has lapsed then go to templates and send your letter of non compliance...remember you are in control and you set the timescale!!!

 

if i have been of any help please add to my reputation points by clicking middle icon bottom left thank you

[chelseaharvey]

Today is 46 days and still no statements or nothing

 

Sent my letter off with £10 enclosed on the 16th Feb

 

Got a response back on the 2nd march saying they had requested my statements & they would be sent to me in due course although they acknowedge that they have 40 days for the SAR request to be completed.

 

Tues 27th March i phone on the number given at the top of my letter 01604 8556060 but they cant take my call and i have to leave a message, i say they have 7 days to send them to me or im taking the next step that was then day 42

 

Today is day 46 & still nothing, on fri (lastweek) i was going to to fax a letter to them, but i ended up in hospital all day with my son so it didnt happen..

 

What should i do now???????????

 

Fax them saying they have 7 days that then has given them 54 days or go onto the next step???

[stan5131]

Yep, fax them a warning saying you will issue action against them in the County Court for non compliance and you are escalating a complaint to the Information Commissioner.

 

Make sure you send a complaint to ICO. You can download the complaint form on their website. The more complaints they get the more ICO will act on this.

[kfdh1962]

Today is 46 days and still no statements or nothing

 

Sent my letter off with £10 enclosed on the 16th Feb

 

Got a response back on the 2nd march saying they had requested my statements & they would be sent to me in due course although they acknowedge that they have 40 days for the SAR request to be completed.

 

Tues 27th March i phone on the number given at the top of my letter 01604 8556060 but they cant take my call and i have to leave a message, i say they have 7 days to send them to me or im taking the next step that was then day 42

 

Today is day 46 & still nothing, on fri (lastweek) i was going to to fax a letter to them, but i ended up in hospital all day with my son so it didnt happen..

 

What should i do now???????????

 

Fax them saying they have 7 days that then has given them 54 days or go onto the next step???

 

Hi take a look at this link re sending a reminder to them. I had a similar issue with halifax and ended up taking out a court action against them for non compliance...hopefully you wont have to go that far.

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

[kfdh1962]

also re the ICO, report the bank by all means, at least the bank will have to waste their own time responding to the ICO. Be aware though that the ICO are relatively powerless, in my case even though they found halifax in breach of principle 6 of the date protection act, they could take no action other than to tell they had been naughty and hurry up and comply!!!

[lori1]

hi chelsea, i also waited for my statements and i wrote to them telling i would be filing at court for non-compliance of dpa, i heard nothing from them and called member services and told them i would be filing at court today, i got statements next day...............give them a call it worked for me best of luck x

[chelseaharvey]

I am about to send my letter off asking for x amount back

 

They sent me what i had been charged the past 6 years.

 

Does it go back to the data protection team or does it go to someone else now????

 

Is it still woth doing as someone lost in court didnt they?

[julien35]

Hi Chelsea..

 

Your prelim letter goes here:

 

Nationwide Building Society

Branch Service Centre

Electra House

Farnsby Street

Swindon

SN38 9NQ

 

good luck

 

Julie

[chelseaharvey]

Thanks il send it off today

[MilkTrayMan]

Is it still woth doing as someone lost in court didnt they?

It's YOUR money!...If U don't want it back, then don't Claim.

Nationwide won't give it back to U unless U take them to Court.