Stonelaughter v MINT - **WON**

[Movingon]

As many of you may know, MINT is a subsidiary of RBoS - so as there doesn't seem to be a MINT zone...

 

I know how much they've charged me (£40) as I have all my statements. So - abbreviated DSAR and prelim go off in separate envelopes... DSAR to the Data Controller c/o Southend on Sea, and the prelim letter off to Southend on Sea with no specific addressee. Here are the letters (with a couple of differences from the templates...)

 

Dear Sir

DATA SUBJECT ACCESS REQUEST

Please supply a disclosure of data from your systems. Where there has been any event in my account history over the period 1st May 2004 to 30th September 2004 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 business with you.

If you are unable to supply data relating to manual intervention because there has been no such action or occurrence, then please be kind as to confirm this in your response to this request.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable, and my signature, hitherto accepted by MINT as an identifying mark, appears below.

Yours faithfully,

 

Dear Sirs

REQUEST FOR REPAYMENT OF CHARGES

My request

I am writing to ask you to refund to me the charges which you have levied from my account between 1st May and 30th September 2004. I now understand that the regime of fees which you have been applying to my account in relation to late payments, exceeding credit limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not then you will be pleased to demonstrate this by letting me have a full breakdown of the costs to which you have been put as a result of my breaches in order to reassure me that your penalties really do reflect your costs. Additionally it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them; and further, the appearance of the charges in your standard terms and conditions, which were not negotiated with me but placed before me, does not render them lawful and enforceable. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require

I calculate that you have taken £40 in charges from my account during it’s operation. I therefore require a refund in the sum of £40.

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment. If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Yours faithfully,

[Guest Lueeze]

Good luck!

 

Lou x

[Movingon]

Received a reply to my abbreviated DPA. "As your account is closed we have deleted any notes on it from our records."

 

What is the legality of this? Do they HAVE to hold these records, or are they at liberty to delete all but the purely financial stuff?

 

They then go on to offer copy statements... LMAO!!! Like they don't know what I'm up to at all, do they?! LOLOLOLOL

[barracad]

Received a reply to my abbreviated DPA. "As your account is closed we have deleted any notes on it from our records."

 

What is the legality of this? Do they HAVE to hold these records, or are they at liberty to delete all but the purely financial stuff?

 

They then go on to offer copy statements... LMAO!!! Like they don't know what I'm up to at all, do they?! LOLOLOLOL

 

The DPA says they shouldn't keep information held for longer than is necessary, so this may well be why they deleted their notes from the system.

[Movingon]

Right...

 

LBA finally sent to the correct address at Milton Keynes MK77 1QA. Here we go...

[Movingon]

Let this one lapse for a while; (it's only forty quid - LOL)

 

BUT

 

Letter and cheque received today in full & final without going to court!!!

[barracad]

Congratulations!!

[BoxingClever]

Congradulations!!! I am trying to get back about £120 and they have said NO and NO again!!

[mechs]

congratulations again Tom

[Movingon]

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