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Re: Black Horse PPI
There is a more detailed version from Ed in PAG, which you may find useful:-
Penalty Action Group Login
Copied here:-
There is a more detailed version from Ed in PAG, which you may find useful:-
Penalty Action Group Login
Copied here:-
First Letter:
First Part:
[Your name and address]
[Banks name and address]
Date: XX/XX/XX
Notice Of Potential Account Dispute
Data Protection Act Disclosure Request
Subject Access Request
Preliminary Request for Repayment of any and all Charges Levied
Account Number: XXXXXXX
Sort Code: XXXXXXXX
Customer ID Number or Branch Name: XXXXXXXXX (if appropriate)
Dear Sirs,
Please find enclosed a request under the Data Protection Act 1998 for all the information your company holds on me, along with the maximum legislative payment of £10 in the form of a postal order/cheque (delete as appropriate).
I am sure you are aware of your obligations under the above named legislation and will expedite this matter promptly.
As a sign of good faith I also give you fair warning that one of the reasons for making this request is to discover whether or not your company has levied any unenforceable, and/or penalty charges on my account.
If your company has levied what I consider to be unlawful charges on my account I will be seeking to recover those amounts with the addition of appropriate interest and any costs associated with chasing the matter.
I would therefore respectfully suggest that both from a financial point of view, but also a customer relations point of view, if you would just refund all the penalty charges/charges subject to the fairness test of the Unfair Terms in Consumer Contracts Regulations 1999 taken unlawfully dating back to when I applied for the account(s) listed above within the time frame given to comply with my SAR request including 8% interest in the form of a cheque to myself, or alternatively back to the account (amend as appropriate), you will not incur the court fees, nor costs for having to retain your own solicitors.
I trust your reply will be positive, that you are willing to expedite this matter as swiftly as possible and that all my requests will be actioned without delay.
Please note, I am only willing to enter into discussions on this dispute via written communications and will not discuss this matter via any other medium.
Yours Sincerely,
Name
Second Part:
[Your name and address]
[Banks name and address]
Date: XX/XX/XX
Data Protection Act Disclosure Request
Subject Access Request
Account Number: XXXXXXX
Sort Code: XXXXXXXX
Customer ID Number or Branch Name: XXXXXXXXX (if appropriate)
Dear Sirs,
Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete list of transactions and charges relating to the above account(s) held with you since they were opened.
Additionally where there has been any event in my account history over this period 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 manual intervention then please be kind as to confirm this in your response to this request.
For the avoidance of any and all doubt, I reiterate:
I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).
Please note:
Such submissions from yourselves that the relevant data is now only held on Microfiche in date order and can only be provided at extra cost etc is unacceptable as it implies that such data is nonetheless retrievable. In these circumstances, as opposed to copies of statements for the micro-fiched period, I will accept a detailed breakdown of all charges levied to my account in date order.
If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.
I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.
This information is also requested under CPR Pre-Action Protocol 4.6(c).
I enclose the statutory maximum fee of £10.00 to access ALL data held by your company about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.
You have 40 days in which to comply with this request.
Yours Sincerely
Name
Enc:
Postal Order for £10. Specifically for DPA/SAR request – not to be credited to any account.
First Part:
[Your name and address]
[Banks name and address]
Date: XX/XX/XX
Notice Of Potential Account Dispute
Data Protection Act Disclosure Request
Subject Access Request
Preliminary Request for Repayment of any and all Charges Levied
Account Number: XXXXXXX
Sort Code: XXXXXXXX
Customer ID Number or Branch Name: XXXXXXXXX (if appropriate)
Dear Sirs,
Please find enclosed a request under the Data Protection Act 1998 for all the information your company holds on me, along with the maximum legislative payment of £10 in the form of a postal order/cheque (delete as appropriate).
I am sure you are aware of your obligations under the above named legislation and will expedite this matter promptly.
As a sign of good faith I also give you fair warning that one of the reasons for making this request is to discover whether or not your company has levied any unenforceable, and/or penalty charges on my account.
If your company has levied what I consider to be unlawful charges on my account I will be seeking to recover those amounts with the addition of appropriate interest and any costs associated with chasing the matter.
I would therefore respectfully suggest that both from a financial point of view, but also a customer relations point of view, if you would just refund all the penalty charges/charges subject to the fairness test of the Unfair Terms in Consumer Contracts Regulations 1999 taken unlawfully dating back to when I applied for the account(s) listed above within the time frame given to comply with my SAR request including 8% interest in the form of a cheque to myself, or alternatively back to the account (amend as appropriate), you will not incur the court fees, nor costs for having to retain your own solicitors.
I trust your reply will be positive, that you are willing to expedite this matter as swiftly as possible and that all my requests will be actioned without delay.
Please note, I am only willing to enter into discussions on this dispute via written communications and will not discuss this matter via any other medium.
Yours Sincerely,
Name
Second Part:
[Your name and address]
[Banks name and address]
Date: XX/XX/XX
Data Protection Act Disclosure Request
Subject Access Request
Account Number: XXXXXXX
Sort Code: XXXXXXXX
Customer ID Number or Branch Name: XXXXXXXXX (if appropriate)
Dear Sirs,
Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete list of transactions and charges relating to the above account(s) held with you since they were opened.
Additionally where there has been any event in my account history over this period 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 manual intervention then please be kind as to confirm this in your response to this request.
For the avoidance of any and all doubt, I reiterate:
I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).
Please note:
Such submissions from yourselves that the relevant data is now only held on Microfiche in date order and can only be provided at extra cost etc is unacceptable as it implies that such data is nonetheless retrievable. In these circumstances, as opposed to copies of statements for the micro-fiched period, I will accept a detailed breakdown of all charges levied to my account in date order.
If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.
I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.
This information is also requested under CPR Pre-Action Protocol 4.6(c).
I enclose the statutory maximum fee of £10.00 to access ALL data held by your company about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.
You have 40 days in which to comply with this request.
Yours Sincerely
Name
Enc:
Postal Order for £10. Specifically for DPA/SAR request – not to be credited to any account.
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