Claim Bank Charges Back - Helping you to reclaim Unfair Bank Charges!

Under the Data Protection Acts 1984 and 1998, you are entitled to make a "Right of Subject Access Request", which means that organisations have to show you what personal information they hold about you, in this case it applies to your transactions with the bank, and more specifically the charges.

The maximum fee that can be charged for a copy of this data is £10, so when you write to the bank you need to enclose a cheque for £10 made out to the bank with your request. However, most banks won’t actually cash the cheque, and will send it back to you.

The banks legally have to give you a copy of your charges for the last 6 years, although they usually give you a full copy of your statements. They have 40 days by law to give you this information, from receipt of your letter. Because of the number of claims being made, don’t expect a response for a couple of weeks as they are very busy, but they should definitely reply within 40 days. Make sure you send your letter by recorded delivery, so you know that the bank have received it, and also the date on which they received, so you can start your 40 day countdown!

Template Letter – Asking for a copy of your charges for the last 6 years

The following letter can be used to claim information back about your charges. If you have Microsoft Word, you can download the template letter, remembering to fill in your own details in the relevant places eg [YOUR NAME].

Template letter to request Copies of your Charges or Statements

If you don't have Microsoft Word, you can cut and paste the letter below into another application.

[Your Address]

FAO: Data Protection Controller
[Banks Head Office Address]

[Date]

RE: Data Protection Act 1998 Subject Access Request

Dear Sir/Madam

SORT CODE: xx-xx-xx
ACCOUNT NUMBER: xxxxxxxx

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

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 banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,

[Your Name]

Enter your own details in the relevant places in the letter (which are highlighted), and send it to the banks Head Office address, for attention of the Data Protection Officer. You can find the banks address online, or ask at your local branch.

Remember it’s important to send the letter by Record Delivery, so that you know the bank has received it, and when they received it. Also make sure you keep a copy for your own records. All correspondence to the bank should be sent by Record Delivery, which currently costs around £1 for a standard letter.

Once you have sent the letter, all you can do is wait for the bank to send you your data.

Reply from HSBC

After sending the letter above to HSBC, I got the following reply back in 17 days (including weekends).

Dear Mr xxxxxxx

Account Number: xxxxxxxxx

Thank you for your request with regard to information about transactions and charges / fees on your account.

Please find enclosed copies of statements covering the period in question.

We are happy to cover any fees for the production of this information and we return your payment.

Although many of our systems are automated, a “manual intervention” by HSBC staff may be required in a variety of situations including, account opening, dealing with correspondence or telephone calls, when deposits or withdrawals are made over the counter at our branches and from time to time during account administration.

If you require more information, please let us know.

This came accompanied by about 150 pages, showing every transaction for the last 6 years, and the cheque for £10 I sent them.

So step 1 in the process is complete, and you have a copy of your charges! If you received statements, then you need to go through and find all the charges that you can claim for, and move onto Step 2 - Calculating your total Bank Charges