# ACC Bank looking for €400 Euro for bank statements



## OkeyDokey (14 Oct 2009)

Folks,

My brother in law is going through a legal separation and his Bank ACC are looking for €400 to provide bank statements for the previous six years. It seems very excessive.

I suggested applying for online banking but I suspect it doesn't go back that far.

Any help or suggestions?

Thanks


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## missdaisy (14 Oct 2009)

It would seem that this is part of a discovery request so he will have to provide the full six years of bank statements. All banks charge a fee for duplicate statements and there isn't any way around that I'm afraid. He could maybe print the online statements as far back as they go, have them stamped by ACC bank and order the remaining statements but there won't be much of a saving there.


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## Towger (14 Oct 2009)

As said before and said again. Use the Data Protection Acts to get the information.


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## OkeyDokey (14 Oct 2009)

Many thanks for the tip Towger.

Taken from the ACC web site (http://www.accbank.ie/index.php?type=legal&name=Terms+&+Conditions):

Customers have the right at any time to request a copy of any 'personal data' under Section 4 of the Data Protection Acts 1988 and 2003 (as amended or re-enacted from time to time) that ACC Bank plc holds about them (both manual and automated for which the Bank may charge a small fee).


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## sam h (14 Oct 2009)

How much is it to request something like this under the Data Protection Act??


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## Towger (14 Oct 2009)

sam h said:


> How much is it to request something like this under the Data Protection Act??



Max of €_6.35_


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## TarfHead (14 Oct 2009)

1 statement per month * 72 months & €6.35 = €457


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## sam h (14 Oct 2009)

I'd assume you make it as one request, rather than for each statement

"any information relating to a/c 1234567 from 1st Jan 03 to present"

As oppossed to requesting Jan 03, Feb 03, March 03 etc....


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## Locke (14 Oct 2009)

+1 Sam H

One request would cover everything. If you feel they have left something out, you would need to get in touch and point that out.

If they don't co-operate go to the Data Protection Commisioner


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## Bronte (15 Oct 2009)

Towger said:


> Max of €_6.35_


 
Never knew this, it's brillant.  Is the max fee actually written in the Act?


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## Brendan Burgess (15 Oct 2009)

Is there no "tip of the day" or "tip of the year" feature on Askaboutmoney to highlight this? 

Well done Towger.

Brendan


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## demoivre (15 Oct 2009)

Bronte said:


> Never knew this, it's brillant.  Is the max fee actually written in the Act?



[broken link removed].


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## JoeB (15 Oct 2009)

Hmmm.. I believe the bank will resist this. They have already provided the statements over time and they will lose money if forced to provide 100's of pages of statements for 6.35.

While there doesn't seem to be an explicit exemption for bank statements they will probably try to make one up,.. I know I would. One possible approach they may take is that they are not oblidged to service multiple requests under the Act 'unless a reasonable time has passed'.. I don't think this is what they'll use.. more likely they'll say something else... possibly they'll say that it's a condition of the bank account terms and conditions that duplicate  statements are 3.00 a page or whatever, and that that clause takes precendence over the Data Protection Act in this case... 

To be honest I don't know.. I'd be very interested in hearing about how the bank respond to this... I think they'll refuse and force the OP to  complain to the Data Protection Comms.. who will then side with the bank I'd imagine.. I could obviously be wrong, I'm not sure at all really...


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## lff12 (16 Oct 2009)

I think most banks charge 6 euros per statement, so if you are getting montly statements its not implausible that could come to 400 euros.

12*5=60 at a rate of 6 per statement would come to 360 euros.

Plus its a lot of paperwork.


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## ger49 (16 Oct 2009)

why 6 years for discovery, do you have court order or is it voluntary disclosure for 6 years as from my experience it is usually 3 years .


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## nlgbbbblth (17 Oct 2009)

why do people not keep their statements?

printing duplicates is time-consuming and a painstaking manual process if microfiche is involved.


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## OkeyDokey (17 Oct 2009)

Many thanks for all of the replies. My brother in law's solicitor asked him to provide all statements from when they took out their mortgages. The have a home and business mortgage. There is a dispute over how much each contributed.

He asked the bank for all statements going back six years. They said that they could provide statements for the past 12 months free of charge however the previous five years would cost just under €400.

My wife phoned the data protection commissioner's office and a lady there indicated that statements do not fall under the provisions of the data protection act. She described it as a loophole and stated that because statements were sent out already then that information had already been provided. The cost is around €6.


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## Bronte (22 Oct 2009)

Can they prove the statements were posted?  I've had statements posted to the wrong address and also sent to the branch for me and never forwarded until I chased up on it.


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## Towger (22 Oct 2009)

OkeyDokey;946168She described it as a loophole and stated that because statements were sent out already then that information had already been provided. The cost is around €6.[/quote said:
			
		

> You have to word it correctly, you are not using the act to look for 'statements', but the transactional data of the bank accounts etc


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## missdaisy (22 Oct 2009)

Towger said:


> You have to word it correctly, you are not using the act to look for 'statements', but the transactional data of the bank accounts etc


 
But then you aren't going to get a full six years of bank statements are you?


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## Bronte (22 Oct 2009)

Presumable if you word your request correctly the bank is obliged to give you all data they have on you.  Everything.  Remember that banks destroy their records/microfiches after a certain amount of time.


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## JoeB (22 Oct 2009)

I don't see it as a loophole at all... the Act shouldn't be designed to force companies to provide info at a loss...

I've thought of some other examples..
An interior designer produces a design and wants 600 Euro to provide it... can you request it for 6.35 under the Act?

A dietition / nutrionist (spelling is terrible!) produces a personalised diet plan.. and wants 100 Euro, can you request it for 6.35?

A photographer takes a family portrait.. and wants 600 Euro.. can a copy be requested for 6.35?


Ok, so in all the above cases the company can probably choose to destroy the data rather than provide it for 6.35.. but there doesn't seem to be an exemption for those industries in the Act.. so they may only have the choice to destroy the photos, plans etc, or else provide them for 6.35.. which would drive them out of business...


The case of the bank is similar.. they are only holding your data because you're choosing to bank with them under their own terms and conditions... so I feel the Act shouldn't apply to duplicate bank statements... in the same way it shouldn't apply to photographers, or interior designers, or tax consultants, life coaches etc etc...

Cheers so


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## Bronte (22 Oct 2009)

If you have a dispute with a bank you will require all documentation to fight your case, some of this you may not have, including bank statements, and the bank will have, so I see nothing incorrect with asking a bank for it.  Based on banks long term overcharging and dishonourable conduct the least they can do is provide documentation when needed at a minimum cost.


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## Towger (22 Oct 2009)

missdaisy said:


> But then you aren't going to get a full six years of bank statements are you?


 
You should get it as far back as their records go.


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## missdaisy (22 Oct 2009)

You'll have to let us know if it works OkeyDokey!


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