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In this section |
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Obtaining information about the penalty charges and put together listing If you have bank statements that cover the whole period when you incurred penalty charges, then examine these to see how and when you had been charged. If you do not have all the relevant statements, you need to obtain the information from your bank. If you have access to internet banking, you may be able to download all the information that you need. If not, you will need to approach your bank. First, try asking for copies of all the necessary statements or for a printout from their system of all the transactions for the period when you think you had been charged. If the bank refuses to provide this information, or says that there will be a charge of £5 per statement or some other very large sum, then you need to invoke your rights under the Data Protection Act (DPA). Under the DPA, you are entitled to have copies of the personal information that an organisation holds on you. The organisation is obliged to provide the information within 40 days, and the maximum fee that they can charge for this is £10 in total. So quote the DPA to the bank. If they do not understand, or at least pretend that they do not understand your request, write a formal letter to the Company Secretary demanding the information. A template letter can be downloaded from: It will download as rich text format document. Save it to your computer, change it to include your details, bank details etc. but do not change the fundamental wording. Send it to your bank either to your local branch or to the registered office of the bank which address you should be able to find on your bank statement. A list of registered offices of the major banks is available at: Note that for Royal Bank of Scotland, if you are claiming from an English address, you should claim on your branch address rather than use the Edinburgh address for RBS. This will avoid the problem of claiming across jurisdictions – it can be done, but may be slightly more complicated. If your bank does not comply with your request to provide the information, you should report their failure to the Information Commissioner. Alternatively, you could go directly to court seeking a court order to make the bank provide the information. It would probably be best before doing either of these things, to write to the Company Secretary at the bank with a clear, blunt letter saying that you will be reporting them to the Information Commissioner if they do not respond within 7 days. See second template letter: See also guide from Information Commissioner at: |
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Published and promoted by Bob Egerton, TR2 4RS |
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