Ok Guys, Could do with a little help if anyone can? I've double checked through all my statements and im confident I've got all he charges listed. The only thing is I closed my account at the start of June as Clydesdale were repeatedly charging me and I couldn't keep up. Unfortunately it also means that I havn't been sent my May Statements which I really don't want to miss off my claim as there was a considerable volume of charges clumped into the month. Also, as the account is now closed, I can't even use Internet Banking to get the info. So.. Is there any way to get this information from them? I would grudgingly pay the £5 per sheet standard dup statement cost as it's only a single month but would this mean I have to wait another 3 months for them to print or can they be requested in the branch over the counter? Andy

Hurray! Finally got my statements after 113 days! Got the highlighter out and spent an hour or so going through them.. It's already been a worthwhile experiece just realising how badly I've been managing my finances of late! Oddly enough, it seems the more I've been earning over the last 6 years, the more trouble I seem to get into Anyway, first count puts my total at around £1700 but i think im going to go through a couple more times to make sure I've got things right before moving on to the next stage. I've also not included any unathorised interest charges in that as im not sure im confident that i know which o include, though interest charges do seem extortionate for months I've gone over my authorised overdraft. Anyway, off to go and double check my figures before trying to get my head around the interest spreadsheets! Andy

No progress as yet.. still waiting 107 days and counting.. Caroline, Looks like you were luckier in getting your statements when you did. Not really been reading much on here lately so not sure what your next steps are.. Aidcam, yeah, it's really frustrating.. Unfortunately, there doesn't appear to be much we can do about besides wait around though. Don't get too disheartened though, I've read numerous cases of people who've won against Clydesdale in this forum. Stick at it, im sure we'll get there eventually.

Thanks for the info diddled, it's somewhat comforting to know im not alone though it's not exactly reassuring! 127 days really does seem way out of the bounds of what Clydesdale suggest is merely a reasonable delay due to the volume of requests.

Still not much to report back yet.. Despite numerous phone calls and a couple of letters placed to the bank I have still not received a single statement from the bank after 87 days! Did go to the court to enquire about forcing compliance and the clerk advised me that he didn't think there was much which could be done, rather I may be better arguing for damages when I finally get to put a claim in.. Is this really the correct process in Scotland? Seems unlikely I'd be able to successfully claim damages on top of what they owe me given the £750 limit here and the likelihood that I'll have to apply through the FOS.

Well done Caroline! :grin: Yup, next step your prelim letter found here Hope thats a sign that they are catching up and mine will come soon too! Andy

Apologies from here too Caro, hijacking certainly wasn't the intent - I just thought my post/input/questions were pretty on-topic to Caroline's situation.

Caro, Can the claimant use a Scottish address for these purposes? I was under the impression that to use the English system we had to have an address based in England or is this just for the MCOL? Also, by sending to Leeds court, would this mean we would have to prepare ourselves for a trip down to Leeds should Clydesdale wait right until the last minute? Been trying to find time to get to the court (in Edinburgh) during office hours to see what they can tell me about taking action through the Scottish system, I'm sure there must be a way though think I may need help with the forms... Hopefully the court has some friendly clerks which are willing to advise..

ok, my bank are now giving me 28 days to pay off my entire overdraft or they say they will close my account and pass details of my debt to them to Credit reference agencies. Made a SAR request on the 26th Feb, thus far, no satisfactory response has been made. Is this enough to class my account as "in Dispute" and stop them further damaging my credit rating or is there anything further I need to do? A

Hi texel, Thanks for that, I have already complained to the information commissioner though with the volume of complaints they are recieving they are now just writing to the banks with batches of cases asking them to insure they respond ASAP. Am looking to put a little more pressure on by using the Scottish Sherrif Court to force compliance. Phoning the bank is a good idea though, most of my correspondance with them has been in writing thus far.. Will see who i can get hold of tommorrow..

There seems to be quite alot of people in the same boat as myself whereby they are struggling to get a list of their charges due to the bank failing to comply with the S.A.R - (Subject Access Request) While the templates folder gives a good guide info on non-compliance template letters, the paticulars of a claim appear very geared up towards the English system. Can anyone tell me if I can use these same particulars of a claim within Forms 1a & 1b as laid out in the Scottish Procedure thread? Cheers Andy

Clydesdale seem to be constantly failing to respond to S.A.R - (Subject Access Request) requests.. I'm having the same trouble myself, as have a few others.. Where are you 49kirk? There is some info here about how to pursue it through the court system though it appears to be based on the English system, don't think there's any guidelines for the Sherrif Court in Scotland which I'm trying to get my head around. A

The small claims limit in Scotland is only £750 so it sounds like your probably going to be over that as im sure I will. Think the suggestion at the moment is that we might be able to claim through the financial Ombudsman rather than the courts as long as we have our full list of charges and the banks final offer. As for the going to court (to force the bank to give details of charges) I think the costs are £39 initially, then a further £26 if the courts have to serve the bank with a summons. This should be refunded when you win though. Andy

Hey again, If they received your 2nd letter (Subject Access Request) on the 14/3/07 as you say, then they should have responded by 23/4/07 and their time is already up.. From what I've read from others I would probably just ignore what the branch told you about another 3 weeks and stick to your 7 days before court action date.. The links to the forms are above Andy

There are links to the court forms in the the Scottish Procedure thread here Basically we need Form 1a and form Form 1b The instructions in that thread tell you how to court for the costs so I plan to use some the info & particulars here. Not sure how much this will need to be adjusted for the Scottish Courts system though.

Hi Pitman, I'd sent my local branch the letter before action giving them 7 days to comply too. That expired on the 18th April. Seeing as it's now the 25th and I've still had no reply from them, I'm going to print off the court forms and try and lodge them with the court this week. Hopefully Clydesdale give you a satisfactory response before you need to go down that route, not sure how likely that is though Andy

Hi Pitman, Glad I stumbled on yur thread.. Am having the same trouble with Clydesdale in Scotland.. Sent Complaint to the information Commisioner and sent the bank non-compliance template and not had a reply from them after nearly 2 weeks so think i may have to go through the courts.. Subscribing to your thread, let us know what you decide to do and how you get on.. My thread is here: [/url] Andy-t Vs Clydesdale

Have been reading round some of the FAQ's and still can't find the answers to the above issues, if anyone even point me in the right direction? Also, it just occured to me, while I don't have statements going back 5 years, I do have them from the start of the year. At this early stage, would it be un-reasonable to write to the bank with a preliminary approach for an estimated refunded calculated on the basis of what i've been charged over the last four months? I realise this makes a sweeping assumption that I've been charged consistently throughout the last 5 years though in light of the clydesdales failure to comply with the SAR, surely it is up to them to disproove the accuracy of the figure? Andy

Clydesdale recieved the SAR non-complience letter on their 11th and I've had no ackknowledgement from them so I guess I'd better carry through my threats and proceed with court action. There's a couple of things im not sure about though and would be grateful if anyone could help me out on the following: 1) All correspondace so far have been with the branch im registered with rather than the local branch. Im in Edinburgh so was hoping to use Edinburgh Sherrif court to avoid travelling. Is this alright? Also, should I be taking action against my branch or use Clydesdale HQ address as the defendant? 2) I've read throught the paticulars in the template's, I pressume these also apply to claiming in Scotland? Any help on these issues would be appreciated! Andy

Thanks Lucid.. Though it wasn't the answer I wanted to hear It's REALLY frustrating.. I could pay the arrears but can't come up with a lump some to pay the arrears and the charges together. I'll try calling the bank though don't fancy my chances too much as my intention to claim back charges should be more than clear to them by now. Out of interest though, how do I go about placing my account in dispute? At least that way it will stop them from screwing my Credit rating further until such a time I can either pay it off myself or pay it off with my huge refund Andy

Hi, I've read a few posts on here where people are talking about placing the balance on the account in dispute where by the bank can not apply any further charges to the account until the issue is resolved. Is there any legal standing for this? Where in the process can you place an account into dispute, is this only after legal proceedings have commenced? At the moment, I am a month in arrears on a loan payment and im finding it very difficult to make an additional payment due to the volume of charges coming out of my account due to the arrears. Over the last 3 months, I've paid over £600 in charges due to missing a payment of around £250! If anyone knows how I can get out of this (rather expensive) circle I'd be eternally grateful to hear! Cheers Andy

Thanks Caro, Have slightly amended the template to inform the bank of my intention to complain to the ICO and allowing them a further 7 days before taking legal action.

Ok, just received a letter from the bank confirming that they are going to be unable to comply with the Subject Access Request within the 40 day time period and that I am within my rights to complain to the ICO. Would like to put a bit of pressure on the bank to fulfil the request as quickly as possible rather than sitting around and waiting for them to respond in their own time.. Am considering sending the non-compliance template as found here. If this process is followed, should I also be informing the ICO or does seeking the court order bypass the need for their involvement?

ok, times running out for the bank to get back to me with the deadline occurring this Saturday (7th April), all I've had in response to my request for transactions is two copies of their standard responses (dated a day apart). While it is possible I will get a response in the next few days im not going to hold my breath and want to get ready for the next stage. Which is the best way to proceed from here? Should I be making a complaint to the information commissioner or allowing the bank more time and threatening them with a complaint if they again fail to meet my deadline? Really just looking for the quickest tactic here. Andy

Been meaning to start this process for a while now and bitten the bullet and written my info request after discovering £135 worth of charges last month alone after getting into some financial difficulty and going beyond my overdraft limit. So far.. 23rd Feb - Request for Information Letter posted 1st class Recorded Delivery 26th Feb - Royal Mail reporting successful delivery 27th Feb - Cheque Cashed By Bank So guessing I should have some more news by the 7th April providing Clydesdale fulfil my request within the 40 day period. Wish me luck..