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Have been following things for months now and am at the stage where I am issuing claims against HSBC & RBS for refund of bank charges(both about £600). Due to all the info on these groups this has gone entirely to plan and I am reasonably confident of success.
So, firstly, a big thank you to everyone who posts here.
I do have another, rather more complicated issue: RBS managed to take a spectacular 98 days to get my statements to me (I was away for a month so couldn't push them as much as I would have liked). By their own admission this was their third attempt the other two were sent but never arrived
A similar thing happened a couple of years ago when the first two deliveries of six months statements went missing, the third arrived. I recovered one sent from an old address of mine even thought they had my correct address at the time.
I need to know do I have grounds for claiming compensation for their breaches even though the statements have arrived? From my point of view someone somewhere could have six-years worth of my bank statements. Let alone their exceeding the time limit and the exact same occurence two years ago.
I have searched the forums and cannot find anything that matches up. Would be extemely grateful of any advice.
the delay in sending them is certainly a breach of the data protection act, as for the sending to the wrong address that has got to be a breach, but i'm not an expert. Hopefully some1 here can give you more details advice or tell you where to get it.
Although they have not complied with their obligations under DPA, proving negligence here would be too awkward. Even if it was proved, how can you quantify a level of compensation for something which may have no effect? Sorry to be the bearer of bad news here, but I think you would be onto a loser with a compen claim.
That said, security is an issue, so ask them to change your account details and report back to you as to how this happened (a written report would be useful should you ever have identity theft issues (it could also pin the blame and liability to the bank).
I would also report the details of your complaints to the information commissioner as a matter of principle.
J
1/9/06 RBS claim #1
8/11/06 - claim settled
17/11 claim #2 started - incl creditcard
30/11 - CC statements received
31/11 - Prelims issued - RBS paying up, only M/C to go)
If any of my advice/ info has been helpful, please click the scales
Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional
So eve nif it can be proved that RBS have sent statements to the wrong address twice AND taken more than 40 days to send the info, compensation cannot be claimed as it has resulted in no harm so far.
me too! I know how to stop a banker drowning.......take your foot off his head!
The only (non-monetary) compen you will get is the information commisioner sticking his boot up your bank's arris.
worth it for that alone
j
1/9/06 RBS claim #1
8/11/06 - claim settled
17/11 claim #2 started - incl creditcard
30/11 - CC statements received
31/11 - Prelims issued - RBS paying up, only M/C to go)
If any of my advice/ info has been helpful, please click the scales
Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional
A bit frustrating, I think I might include in my claim in terms of I want a formal ruling the bank breeched the Data Protection Act - I can then send that the Info Commissioner's way.
I do have some proof they sent it to the wrong address - I managed to recover one batch of statements from a past address, with the wrong address on the envelope.
In terms of the time period they must have to face some penalty for exceeding it, otherwise there is no point in having it? Oh well will have a punt and let you know how it goes.
Just an update for anyone who may find themselves in a similar situation.
I sent RBS a letter stating I would apply for a judgement acknowledging their breaches of the DPA - which I could then send to the Information Commissioner - as well as my charges.
The effect was impressive they have offered to settle my claim for charges in full and I haven't even issued a Claim Form yet. Bit disappointing as I was looking forward to the 8% interest! Also stated my complaints regarding DPA had been referred to someone else.
I have written back saying I will not formally accept their offer on charges until I hear back regarding DPA but assume I have no choice. As ever any advice appreciated but I would rather go to court on the DPA issues to prove a point then be fobbed off, as they will no doubt attempt to do; RBS have been consistently rubbish and even if I lose at least I've had a go.
Costacleethorpes vs RBS
& RBS
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