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Old 14-02-11, 07:18 PM   #1
Bri w
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Default Freedon of information

Please can someone tell me how far this extends when dealing with a private organisation.

I've hit a stonewall with a bank that owes me, I think, about £2k. They are saying the account is closed and are refusing to provide a statement of transactions for the last 2 years. I've been paying in approx £60/mth, from one bank into an account I hold at another. I have statements showing the money going out via DD but the bank its gone to are saying the bank closed the account in March 2009.

The email I received from the first bank says they can't tell me anything due to the Data Protection Act, and I should just cancel the DD.

Show me the money!
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Old 14-02-11, 07:27 PM   #2
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Default Re: Freedon of information

Bri,
Don't know the answer to this. However if you DD was being paid to an account that had been closed, then the bank should hold it in a special holding account or its should have been bounced back to your account as a failed transaction, and again your bank might be holding it in a special holding account?

Banking Ombudsman might be a place to try

http://www.financial-ombudsman.org.uk/
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Old 14-02-11, 07:27 PM   #3
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Default Re: Freedon of information

It's your bank account, and information stored about you. presumably on a computer? Would have thought that data protection would have covered it. You're entitled to see anything they hold on you (for a fee) if they refuse, report them to the information comissioner (sp).
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Old 14-02-11, 08:55 PM   #4
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Default Re: Freedon of information

FOI applies to public organisations only.

Data protection my ass... why can't they tell you about your own account? It's an excuse to do nothing from someone who understands even less.

Write to them and say that if they don't cough up your money within 7 days then you're reporting them to the banking ombudsman.
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Old 14-02-11, 09:32 PM   #5
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Default Re: Freedon of information

I've heard data protection used as an excuse when people cant be bothered to do something in the past. IIRC if they are holding person information about you, then data protection act is designed to ensure the information that they hold is available to you for inspection at any time. Providing you can prove you are who you say you are.

Can you not go into the bank in question and talk to somebody rather than dealing with then via email...
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Old 14-02-11, 09:34 PM   #6
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Default Re: Freedon of information

Quote:
Originally Posted by maviczap View Post
Bri,
Don't know the answer to this. However if you DD was being paid to an account that had been closed, then the bank should hold it in a special holding account or its should have been bounced back to your account as a failed transaction, and again your bank might be holding it in a special holding account? *

Banking Ombudsman might be a place to try

http://www.financial-ombudsman.org.uk/
* aka manager's slush fund / Xmas party fund ?
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Old 14-02-11, 09:40 PM   #7
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Default Re: Freedon of information

Are you sure its a direct debit and not a standing order?I thought a DD had to be actively called for by the recipient or nothing would be paid.If that is the case,you may be the victim of fraud with someone taking money from your account and diverting it to somewhere it should'nt be going.
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Old 14-02-11, 09:44 PM   #8
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Default Re: Freedon of information

Quote:
Originally Posted by punyXpress View Post
* aka manager's slush fund / Xmas party fund ?
No

I sent a large electronic bank transfer to pay off a loan, but when I phoned to check to see if it had cleared in the account I had sent it to.

But it hadn't so frantic phone calls to both my bank and the loan companies bank to see where my money had gone

Both banks have accounts where money that is misdirected sits safely until the correct account to deposit it is found.

If its bounced back to my bank, then my bank also has an account to catch a failed transaction.

My money had not gone into either of these types of accounts, but was found in yet another account, even though I had sent it to the correct account number & sort code specified on the letter from the loan bank

I was ****tin bricks I kid you not

But it was sorted in the end
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Old 14-02-11, 09:56 PM   #9
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Default Re: Freedon of information

Quote:
Originally Posted by Biker Biggles View Post
Are you sure its a direct debit and not a standing order?I thought a DD had to be actively called for by the recipient or nothing would be paid.If that is the case,you may be the victim of fraud with someone taking money from your account and diverting it to somewhere it should'nt be going.
Just finished getting all the paperwork together, inc 2.5 yrs of bank statements, prior to round 2 tomorrow and its definitely Direct Debits.

I've used the FSA before with great success. I'll try the nice way first then just give it to the FSA to sort out.
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Old 14-02-11, 10:14 PM   #10
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Default Re: Freedon of information

2.5 years into a closed account? My Mrs notices when a penny is out of place, within hours, I kid you not. Am sitting upstairs while she's going through some accounts downstairs now. Have just bought a pair of new bike trousers on ebay, without getting permission, I'm such a rebel. My last moment of bravado until tomorrow when she finds out and I cower like a lamb. Good luck by the way !
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