Thread: JMio v CB CreditCard - Claim Acknowledged

And so it begins again...

DPA Letter ready to send to Branch on Monday (1st chance I'll get to sort out a Postal Order).

Wonder if they'll put up as much of a fight as they're doing with my Current Account.?

Similar Threads:

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Good stuff, I got so excited about the whole idea I just fired off a batch of DPA requests at the very start, it was only when I'd sat down and thought about it that the idea of doing the same for all my Credit Cards occured.!

Ach well, such is life eh!? I'll be claiming back the DPA requests anyway, so not all bad in the grand scheme of things!

Reply received today:

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Dear Mr JMio,

DATA PROTECTION ACT 1998 - DATA Subject access request

Thank you for your letter dates 22nd may 2006 in view of your request for details of your Credit Card transactions and charges which are detailed on your statements.

We confirm that we shall be able to provide you with copies of your bank statements from date of opening which you estimate to be September 2001 to date.

We also note your request for disclosure of data relating to manual intervention on your account. This is not data which you are entitled to receive under a data Subject access request and accordingly no such disclosure will be made.

We have today requested copy statements, however, have returned your £10 fee as your original request covered all associated accounts.

Yours sincerely



Aileen Fairley
Network Support

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The Manual Intervention bit bugs me a little, any suggestions?

Originally Posted by JMio

We also note your request for disclosure of data relating to manual intervention on your account. This is not data which you are entitled to receive under a data Subject access request and accordingly no such disclosure will be made.

Hmmm don't get that. Surely you're entitled to all information held about you? They haven't said why you aren't entitled to receive it so I would request clarification from them.

"We also note your request for disclosure of data relating to manual intervention on your account. This is not data which you are entitled to receive under a data Subject access request and accordingly no such disclosure will be made."

I'm sure that's not true...maybe someone with a bit more knowledge will let you know a bit more.

I hope so... If there's anyone with any suggestions as to what to reply I'd be very grateful...

I don't believe this, letter received this morning:
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Dear Mr JMio

Data Subject access request

We refer to your recent Data Subject access request requesting copy statements for your Clydesdale Bank credit card account.

Our credit card department has been unable to trace your account on their system which would indicate that is perhaps closed.

Please supply us with the 16 digit account number to enable us to comply with your request.

Thank you for your assistance.

Yours sincerely


Anne Findlay
Network Support

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Just to set the scene a little here, I share my (Polish) surname, with FOUR other people in the UK. I'm the only one with my particular first name.

What a load of mis-spelt young male cows.

DPA Details arrived this morning, totted up to £138.00 all in.

Prelim letter ready to be posted off 1st thing tomorrow morning.

Prelim letter posted today

Response from my Prelim Letter already:
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Dear Mr JMio,

I refer to your letter dated 14thJune 2006. I note from your letter that you feel excessive charges were applied to your Bank Account durng the last 5 years.

During this time, the relationship between you and the Bank was governed by the Bank's standard terms and conditions. Those terms and conditions provided that:

(1) Free banking is available while your Account remains in credit or withn an agreed overdraft limit.
(2) You must obtain the Bank's agreement before overdrawing your Account.
(3) If the Bank made payments from the Account or paid cheques which were garanteed by the associated cheque guaranee card when there were insufficient funds available, and overdraft creaed or any overdraft which exceeded an agreed overdraft limit would be unauthorised.
(4) If you drew cheques or authorised or made payments wthout sufficient money available in your Account, taking account of any overdraft limit and allowing for unclared cheques, the Bank might return the payments and make a charge for doing so.
(5) Charges and inteest applicable to the Account were published in the form of tariffs and up-to-date tariffs were available in Branches and from me to tome enclosed th Bank Statements.
(6) Where appropriate, written details of overdraft charges and debit interest incurred on the Account during the previous chargin period (i.e. the previous month) would be sent to you at least 14 days before the charges and interest were deducted from your Account.
(7) If the Account had an unauthorised overdraft, additional charges might be levied which would be debited to the Account on the day on which the unauthorsed overdraft was created.
(8) If the Bank increased a charge for a basic Acount service, the Bank wold give you at lease 30 days notice.

I would note that the Terms and Condition complied with all relevant requirements of the Banking Code.

You are responsible for the running of your Account, and for ensuring that sufficient funds are in your Account to meet the standing orders, drect debits and cheques which you have created or drawn on the Account As stated in the terms and conditions governing your Account insufficient funds are in your Account on the dates the payments you have instructed are debited. The charges applied to your Account were applied in accordance with the Terms and Conditions, as a result of your operation of the Account.

Further, the Terms and Conditions were fair having regard to the following matters:

(a) The cost to the Bank of maintaining administrative systems relating to unauthorsed overdrafs, unpaid cheques and direct debits and abuse of cheque and debit cards for the purpose of keeping the level of overdrawing under review and controlled as far as possible.

(b) The increased risk of loss to the Bank arising from such unauhorised transactions and the associated cost of enforcement and recovery sysems.

(c) The need to operate standard procedures and to set sandard charges in order to avoid the substantal costs of individual assessment in relation to eac particular case.

Taking all of the above into account and having regad to the information that you have given, I am not prepared to refund the charges on your Account.

I have enclosed for your information a copy of our internal Complaint Handling Procedures. These procedures confirm how to pursue your complaint if you remain dissatisfied with this response and how to referyour complaint to the Financial Ombudsman Service if we cannot resolve the matter.

If we do not receive a response from you within eight weeks of the date of this leter, your complaint will be considered closed

If you have any additional information that you wish to provide please let me know.

Yours sincerely

Elaine Notman
Manager
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My hands hurt now, and not for the 1st time during a spell on the internet! ;-)

So, seeing as that's pretty much a 'no' from my Prelim Letter, should I leave it the full 14 days before I send them my lba, or will I slap them in the face with it on Monday?

Thanks

*Polite nudge

lba going today

lba had been completely ignored, so Small Claims summons handed in today. Waiting for the Clerk to process it & I'll repost with the Claims number.

It will be see how similarly or otherwise Clydesdale respond to this compared to Yorkshire. It's been a long time getting this far. We know luck doesn't come into it so just keep us posted. I'm sure you will.

I've posted this on my Current Account thread but as the letter applies to both of my claims I'll pop it in here too:

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Dear Mr JMio,

I refer to your letter of 19 June addressed to Elaine Notman. This, together with copies of previous correspondance, has been passed to me for attention.

There appears to have been some confusion in that your aforementioned letter, as well as that of 14 June, specifies credit card charges whearas Ms Notman has written to you based on an assessment of your bank account. Please accept my apologies for this.

I am also in receipt of your letter of 13 July regarding charges on account [My Current Account]. I note that you previously sought details of charges on this account and I enclose copy statements from the opening of the account to June of this year.

As well as the aforementioned letters, the Bank has received a Small Claims Summons with you as the pursuer. Accordingly, I can make no comment on bank charges and would as you to note that the matter has been passed to our Legal department.

If you are unhappy with the way in which your complaint has been handled or the outcome you may now refer the complaint to the Financial Ombudsman within six months from the date of our final rsponse letter to you. Their address is South Quay Plaza, 183 Marsh Wall, London, E14 9SR.

Yours sincerely

Neil McKirdy
Customer Relations Manager

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Received a letter from their Legal Department yesterday, don't have it to hand but I'll post the details of it later.

Basically, they reckon that I've issued the Court Papers to the wrong person/department (I'd issued them against my Branch Manager, Clydesdale Bank, they say it should have been simply against the Bank), and as such they will ask the court for the case to be struck off if it reaches that stage.

Got an 'offer of goodwill' of £80 to for a Full & Final settlement, and got their usual threat of a Counter-Claim if I did go to court & win blah blah blah...

I phoned them up to remind them that there was also the small matter of

a) The £39 court fee to pay
b) The remainding £58 of their unlawful charges to be refunded
c) The 8% interest that the Court would grant if/when I won

They were having none of it, even when I asked for an explanation of how exactly they planned to CounterClaim, if/when the Judge ruled that their Penalty Chargers ARE excessive in my original claim.!?


Refused to offer a straight answer so I said I'd consult with the CAG & let them know of my decision in due course.

Which address did you use for the court papers?

The address of my branch