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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have requested information on an account I held with an investment

Resolved Question:

I have requested information on an account I held with an investment broker before. They have rejected my request to request for my account to be opened again but they have rejected it. Then I requested for the information on the account only but they have also rejected it.

Is it my legal right to request for the record and actually receive them? Could I sue for the delay they are causing me?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Was your account closed please?
Customer:

They closed it themselves yes.

Alex Watts : Why?
Customer:

Without my permission but I think they are entitlted to close any accounts according to the temrs and conditions

Customer:

Well I lodged a regulatory complaint against them

Customer:

So they closed it

Customer:

But I want my trading records now

Customer:

But they have been unwilling to open my acc

Customer:

Basicially I want information o nthe account

Customer:

on

Customer:

and they have to reactivate the account to give it to me

Customer:

but they have not done so AT ALL

Alex Watts : I see.
Alex Watts : You could sue for delay pursuant to section 13 of the sale and supply of goods and services act 1982 by failing to act with all reasonable skill and cars.
Alex Watts : care
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

wait

Customer:

first i need to clarify whether it is my legal right to request such data

Alex Watts : Yes. Under the data protection act.
Customer:

They requested 20 pounds per account.

Alex Watts : No. By law they can only charge £10 maximum per account.
Alex Watts : Does that help?
Customer:

Right they requested to charge £20 per acoc**t,

Alex Watts : No, they can only charge by law £10 per account,
Customer:

Right where is the appropriate legislation.

Alex Watts : It's contained within the data protection act. But your question is could you sue. That answer is yes.
Customer:

Right

Customer:

I could sue for consequential losses right?

Alex Watts : http://ico.org.uk/for_the_public/personal_information
Alex Watts : Consequential - maybe unless their terms exclude that.
Customer:

Right but it has been a month since this firm has said anything about reactivating my account to give me the information

Customer:

Also, they have given me an instruction to send them 20 pounds per account

Customer:

I need the records of the acoc**t to send it to another person

Customer:

for a new business opportunity

Customer:

what is the best for me to do?

Alex Watts : You should complain to the Information Commissioner,
Alex Watts : Then you can consider your options
Alex Watts : Can I clarify anything else?
Ash and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

The business has given me a read-only status to the accounts but however they were unable to allow me to access the analytics of my trading records. They claim that the ICO says that this is not in the area of personal data.