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Old 11th June 2007, 20:37   #1 (permalink)
nannamoon1
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Default Taking them to court

Not too sure if this is the correct place to post this, but I am sure there will be someone that will be able to help (well I hope) before I Instruct a Solicitor.

Will try and be brief, in Jan, my bank account was subject to high value fraud.

I did get a refund, but I had strong doubt as to whether they had followed security procedures, however to my delight after lots of letters back and forth, the bank in question quite nicely sent me an email and attached to the email was a document, that actually proved that they have breeched the Data Protection Act.

I will give you an example, the fraud occurred over 3 days to which 8 transactions took place the last being a standing order set up for £2,500 this was done via speaking to an operator at a call centre.

However in one of the letters I have received the bank claim that the last transaction was done via online banking, now I know this is not the case as I have proof otherwise.

I have lots of other evidence like the one above, They have offered me compensation for the matter to go away, but this is a silly amount.

I have declined and now have my N1 court forms to fill in.

My question is I know they have breached the Data Protection Act, but can someone help me what sections of the DPA I need to put on my N1 form.

One of the other issues is that they accidentally sent me all the account numbers of where the money was transfered to (this is a breach alone)

I have sent a Subject Access Request and which expired on March 28th, they have been so awkward in providing me with answers.
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Old 11th June 2007, 22:57   #2 (permalink)
diskmandave
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Default Re: Taking them to court

Bump
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Old 12th June 2007, 00:23   #3 (permalink)
rory32
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Default Re: Taking them to court

I'll need to have a look at the Act nannamoon. This may also be something for HM Treasury to bring proceedings against the bank - but again I will have to look at the relevant statute.
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Old 12th June 2007, 02:19   #4 (permalink)
ODC
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Default Re: Taking them to court

Quote:
Originally Posted by rory32 View Post
I'll need to have a look at the Act nannamoon. This may also be something for HM Treasury to bring proceedings against the bank - but again I will have to look at the relevant statute.
Well Nana it looks like the Cavalry have arrived to head them off at the pass. Rory is on your case now and without wanting to swell his head too much I feel you will get the help you need. I take it you have made an official complaint to the Bank themselves, the Banking Ombudsman, The Data Protection Registrar and FOS. Rory will give you the idea of how to take on these bANKERS
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Old 12th June 2007, 08:07   #5 (permalink)
nannamoon1
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Default Re: Taking them to court

Rory32,

Thank you, I am happy to PM you all the evidence and the correspondence where they have been untruthful, I have so much evidence (concrete) to prove they are at fault for the fraud.

I am not scared of the Bank,I just need to make sure I have the N1 form 100% correct as I am sure they will defend i am rather hoping that they will I would love this to go to a full hearing there would be some very red faces, after all someone has all our Identity details and could quite easily lay dormant for a while then strike again.

I will be back on here later got to go to work

ODC,

I have been down the complaints process even CC'd the last letter to the Chief Executive, got a standard reply "we are investigating the matter" that was 4 weeks ago.

Once again thanks Rory for your time in helping.
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Old 12th June 2007, 14:24   #6 (permalink)
rory32
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Default Re: Taking them to court

No problem nannamoon - PMing me is fine.
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