Blog Entries
Robbing the Banks... Legally
So your banks been giving you the stiff for as long as you can remember, aggravating your lack of money by charging you an extra £30 -+ for the pleasure of them paying that bill on time. GOOD NEWS the laws changed to make these charges illegal.
Data Protection Request Document (Bank accounts)
Word Format
PDF Format
Data Protection Request Document (Credit cards - store cards)
Word Format
PDF Format
Extract from Money Saving Expert Site
STEP ONE. Send it a letter
Send the letter in the ConsumerActionGroup forum (library section - you have to register - free, of course - to read this part of the forum - this is solely so we know how many people have used it – so sadly these links can only take you to the front page).
Which bit you use depends on whether you know all the charges you’ve paid in the last 6 years (under the stature of limitations you can only claim for the last six years).
- If you do. Send the letter in the library for a preliminary approach for repayment.
- If you don’t. Send the letter in the library requesting a full and comprehensive list of charges made on the account (including the date of the 'offence, the exact wording used - e.g. Unpaid Direct Debit, or Debit under advice etc... - and the amount) - the Data Protection Act disclosure request.
Under the Data Protection Act - the information holder has only 40 days to provide this information. Don't worry about the extra wait - you can legally claim 8% APR on each charge for the full period, so the longer it takes them the more money you will have back. If they still refuse, or do not furnish you with this information within 40 days, report them to the Information commissioner for a breach of the DPA.
STEP TWO. Enter the details into a special spreadsheet
Enter the charges into the spreadsheet, also provided in the Library section of the ConsumerActionGroup forum. This will calculate the interest at 8% APR as allowed by the County Courts Act (1984).
STEP THREE. Now wait for one of four things to happen
- You will get a standard letter saying 'sorry you're not happy, we'll get back to you sometime in the next decade; or
- You will get a refund.
- You will be offered a partial refund (refuse this - the money is legally yours - note we are not claiming for the extra interest incurred on overdrafts - this more than covers their costs, so don't start to feel sorry for them). You will receive a letter offering a full refund next.
- They will deny the claim that the charges are unlawful (about 50% do this).
It is important to note that many people have been threatened with account closure over claiming their money back. But never fear, there's enough banks around and they're all eager to get your cash, best of all allot will help you transfer direct debits and standing orders to your new account. Reducing the work for you and allowing you to get your money back from the money grabbing swine's.
* This site is not run by an accountant nor am I a lawyer. All information and actions taken by yourselves are done so at your own risk and should be through following up with research and by checking your rights either at a CAB or with a Lawyer.
