Mrs rpgsx3r v Natwest

[rpgsx3r]

This was in another thread along with my own claim, but I wanted to keep it clear and so moved it to a new thread.

 

The 40 days from the SAR are now up and Natwest have only sent statements from the past year.

 

Time for me to read up on where to go from here!

 

Natwest Current Account

23/4/07 - Sent Data Protection Act letter.

02/5/07 - Received partial statements

03/5/07 - Received 'as soon as possible' letter

18/5/07 - Sent follow-up letter to SAR

05/6/07 - SAR 40 days up and no further details received

[livelylad]

Have you informed the Information Commisioner?

 

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

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[rpgsx3r]

Ok, template letter 2 was sent and still there has been no response. It is a concern that the missing statements are from when my wife's account was in her maiden name, but I really can't see why they won't send the statements from then. I have asked that if they require any info as to identity that they say so (as per the templates) but I have had nothing back.

 

I suppose the only way forward is to go to court over the S.A.R - (Subject Access Request)/Data Protection Act? Is it worth going down the Information Commissioners route, or is this just likely to delay the process? Have others had any success with a court action? And are we really looking at several months just sorting the Data Protection Act, before several more months with the claim? It's infuriating that NatWest simply do not comply with the DPA!

[hedgey06]

rpg, please see livelylad's post (number 2 above). Those links will help you to pursue this further.

[rpgsx3r]

Yeah, have checked those out. I guess that's the only way to proceed.

[hedgey06]

Doesn't look as though there's any other option now mate - although personally, I think it absolutely stinks that they can't send a few statements out. Surely it can't be that difficult??

[rpgsx3r]

Received a ltter on Tue from NatWest saying statements are to follow. Today some arrived - from 2001-2002, so still missing 4 years worth.

 

However, I do have a question about what can be reclaimed. My wife had an Advantage Gold account (and I assume she cannot reclaim the £6 monthly fee for this?) and was charged £14 on several occasions as an 'unarranged borrowing fee' when she went beyond her agreed overdraft. Presumably this can be reclaimed? There are other referral fees at the usual £25, so naturally I'll be reclaiming those.

 

Edit: Also, I've just noticed a 'Loan Fee' at £63.46. Should I be tring to reclaim this?

[hedgey06]

Spot on - AG fee can't be reclaimed as it's a fee for a legitimate service. Have a look through here http://www.consumeractiongroup.co.uk/forum/natwest-bank/79547-natwest-charges-guide.html for further info on what can/can't be reclaimed.

 

With regards to the 'Loan Fee' - I assume this is a fee for arranging a loan that you have with nat west? If so, I'd be inclined to say this is a charge for a legitimate service and can't be reclaimed. I'm sure somebody will correct me if I'm wrong though.

[rpgsx3r]

Thanks again Hedgey, you are a star!

 

After trawling through carrier bags of old statements (mrs rpgsx3r isn't as organised as me, but she is a hoarder!) I can now tell that we're only missing around 18 pages out of 300. Mrs rpgsx3r isn't too keen on going through with court action vis-a-vis the Data Protection Act, so I'll give it another week to see if the missing statments come through before sending the Prelim.