Hi everyone,

I mainly post on MoneySavingExpert but thought others may find my story useful! It's been a long winded process so far so here's the condensed version!

We wrote to Clydesdale Bank (trading as Yorkshire Bank) to request copies of bank statements. They returned our cheque for £10 and said we were not entitled to the information.

We phoned the bank to discuss the matter but they just kept saying that statements weren't covered by the Data Protection Act. We said that if they didn't supply the info then we would be making a complaint to the Information Commissioner (IC). They said "fine, do that". She still refused to supply us with the information and said we were trying to "exploit the system"!!!!! We asked to speak to their Data Protection Officer and they said they would get him to call us.

We submitted a complaint to the IC.

Around 4 days later we received a call from the banks Data Protection Officer. Again, he kept saying we weren't entitled to information and that their bank had had a meeting with the IC and a few other banks in December 2005 and it was agreed that they don't have to supply such info to customers. We asked to see a copy of the meeting minutes but he refused.

We telephoned the IC helpline to seek their advice on this and they said that they weren't aware of such a meeting although he couldn't deny it had taken place. The IC confirmed that whilst we weren't entitled to copies of the actual bank statements in that format under the Data Protection Act, we were entitled to the information contained within the bank statements. Therefore they could supply us with a list of transactions applied to our account.

We wrote back to them AGAIN and give them one final chance to supply information. Gave notice of our intent to file claim with Small Claims Court if they didn't refund all charges. Still not heard back from them and they haven't even returned our unbanked cheque yet!

Heard back from the IC regarding our complaint and they said they would get in touch with the bank and make them aware of the guidelines. The IC told us to get back in touch if the bank hadn't responded within 14 days.

We filed a claim via the Small Claims Court for the maximum sum of £4,999 inclusive of interest and court costs. We worked this out on the basis that we had a visa card and a current account and calculated the worst case scenario. We do not know how accurate this will be to the actual figure but we have given the bank the opportunity to give us that information.

No response from bank within that period so we let the IC know.

On Wednesday we received a response from the Information Commissioner to say that the IC is "of the opinion that it appears unlikely that Clydesdale Bank (National Australia Group Europe Ltd) has complied with the provisions of the Data Protection Act 1998. Specifically, it appears likely that there has been a contravention of the sixth data protection principle, which requires data controllers such as Clydesdale Bank to process personal data in accordance with data subjects' rights. This is because the bank has not responded to your subject access request within the prescribed 40-day period. I have informed the bank of our assessment and instructed it to provide the requested copies of your personal data with immediate effect.".

The IC also states that they cannot punish a data controller but that they will seek a resolution to the contravention.

Yesterday we received a letter from Addleshaw Goddard solicitors to inform us that the Clydesdale have instructed them to act on the banks behalf and they have enclosed a Notice of Acting! So, it looks like we will be going to the small claims court over this!!!

I am pretty confident that the way the bank has been acting can only work in our favour! I know from other posters on MoneySavingExpert that the bank has supplied statements to other customers free of charge, and even for the £10 fee in some cases. Why they refuse to supply ours is a mystery really!

Anyway, I'll keep you all updated with what happens.

Keep fighting everyone! Yorkshire Bank has to be THE worst bank I have ever had the misfortune to come across ...

Wow.

I remember you from the "abusing the system" crack.

Well, a few of us will be keeping on eye on your posts. The issue of the unknown amount is one that has cropped up a few times, so it should be interesting.

The way you have been treated by this bank is an outrage! Can I ask what court you will be in should this matter proceed to trial?

Don't take any nonscense from them, you have issued proceedings, just stick to your gun that they should follow procedure unless that want to make you a reasonable settlement (being all your charegs back!)

To someone like me a case like really makes me smile, the kind of think you can really get your teeth into.

Best of luck and you know where to come if you need any advice.

I'm reckon that Yorkshire/Clydesdale bank have "lost" your data. If they admitted to that they would be in deep trouble hence the way they are acting. Any other reason for still with-holding it just doesn't make sense.

Hope it all works out for you.

Trunny

Hi again,

Thank you so much for your messages of support, much appreciated!

Just to let you know that we have received a telephone call this morning from the Yorkshire to say that they they DO have to supply us with the info under the Data Protection Act!!! Well that's no surprise is it?!? It's what we have been trying to tell them all along!

They say they need to request the information but we should receive it within the next five working days. I suppose that's what happens when you have to get the Information Commissioner involved, lol !!

It's very likely that we will have to alter the claim amount once we receive the statements, but we'll deal with that as and when. The bank has until this Saturday to file a defence. If they don't then it's to our understanding that we would then apply for a default judgement and we would automatically receive the full claim amount without going to court ... so here's hoping!

Maxie - I'm not sure which court it would be although it's Northampton County Court that has written to us so perhaps it would be there?

Trundlecat - I was thinking the exact same thing! I was sure they had lost the data but it seems not. At least the Information Commissioner is now aware of their underhanded tactics of avoiding supplying information, so this should help all other cases going forward.

That's great news Joanne

They'd have to be pretty stupid to try & defend themselves in court after all this carry on. Fingers crossed they decide to stop digging the hole they're in deeper & just pay up.

Take care,

Trunny

Can anyone tell me what happened in this case. This post was 3 april surley something must have happened by now

yeah, what was the outcome?

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