Hi Hertsman, Just a line to say I am also in the situation of the debt recovery team. my advice, if you haven`t already done so, is use a reputable finacial advisor to negotiate on your agreement, and absolutely definately open another bank account asap. This will give you a better position to work from with any financial stransactions you may have. the banks will mess you about with statements, but hang in there, they have to supply your request. Good Luck bob m

Thanks Tanz, helps me a lot as I may need S.32 again. bob m.

First of all I must apolgise for the delay in posting on this thread, as I have been on a few days break, I had intended to post a letter on this thread that I have sent to Nat West, sorry for the delay. As most who have read will know I have struggled somewhat to obtain a reasonable amount of stats. That has now been rectified to a limiting degree. Originally I was`nt sure whether the letter would create more problems than solving. Therefore I sent it before I intended posting on the thread. It may not be of use to many but its there for future disection when needed. Good Luck bob m 12th July 2007. Account Sort Dear Joyce Tudor, Thank you for your letter dated 29th June 2007. Ref : ………….. I am sure you are aware that I have written to you requesting statements on the 16/04/2007 and again on the 12/05/2007 and a further letter on the 31/05/2007. Your response has been to supply me with an incomplete amount of statements for any circumstance, whether pre six years or post. If, as I would expect from your organization, you have actually read the letters sent to you, then you will be aware that the time period taken to supply me with the statements requested is far in excess of any time period allowable. I will accept the fact that your department could be very busy but this situation is totally unacceptable. Your letter dated 29th June is the first acknowledgment of any correspondence in writing since the first letter sent to you, dated 16th April 2007. The statements received are for the period 4th Oct 2002 to Feb 2007, that is 4years 4 months. You have been informed of this fact in previous correspondence. I have supplied you with codes to access my account far beyond the six years you allege are the acceptable requirement, therefore there can be no doubt or excuse that a method exists to access any accounts prior to the period quoted. I have notified the Imformation Commissioners Office of your actions during this time, and I am sure they will notify you of my complaint. I have delayed an application to County Court due to the I.C.O. involvement, for the possibility of a conclusion to this disgraceful delay in providing the data required. The delay of the County Court application now depends on your swift response to this letter. From the 16th April (first letter) to 10th July (this letter) total 86 days. Please explain the reason for this amount of time, when 40 days is the required period. The cheque posted with my request for data has been cashed, but you have failed to supply the remainder of the statements requested. I am therefore confident that in the likely event of court proceedings the court would find in my favour, given the time and notification you have received. Yours Sincerely Bob m

Got to say I thought I understood the statute of limitations S.32, in fact I have quoted same in my request for statements, for the sole reason of obtaining stats prior to the six year norm. You people have confused me somewhat with section 32 going forward. Does it apply to both ways? I did receive 10 years worth of stats, which I am in the process of examining for charges, and I will claim for the whole amount, not just 6 years. I am totally against any limitation on claims, as I have already stated on this thread. The bank have supplied me with the stats, therefore the amount supplied are to be used in a claim.

Agree totally with Nic Sussex/Destiny of Souls. Re 6 year limitation on claims. Why? I have received 10 years worth of statememts from an account of 23 years, a restriction would affect any claim I may have. No restriction would benefit everyone concerned, if a restriction is to be enforced we must negotiate the longest term possible. Agree totally with Kog. bob m

I have just read the announcement posted by alanfromderby ref. Respose to OFT test case, the rough draft concerning charging levels applying to past as well as present customers, with the guidline of being allowed to claim for the previous 6 years. In my case that would restrict my planned claim. Why have we to put a time restriction at all? As of today, 31st July I have received 10 years stats, which I will examine to find what charges have been incurred, and claim thereafter. It could be that someone may go further back, if not already. If there has to be restrictions make them on the consumers terms, negotiate for as far back as poss. This is not a crititism of the announcement, purely a suggestion, I am aware that its a rough draft. Could a mod or site helper pass this on thanks. bob m.

Hi All, Its taken an age to receive my statements, but finally I have a moral victory of sorts. As of today I have been sent 10 years worth of stats. It will be a start to go on with, I`m not going to wait for any others for the time being, but obviously I will have a dated commencement of this batch with the option of requesting further stats at another time. Nattie did say 15 years was the best I could hope for so the other 5 years will start another claim. Now to get started! bob m.

Well oh well, finally you have got the result we all hoped for, HEDGEY`S WON. There can be no one on this forum deserves this more than you. Thanks for all your help, hope your staying on to keep us all on the right track. bob m x

Hi All, Unfortunately I have been busy for the last couple of weeks so I have not put the effort into this thread that I should have, but it doesnt mean I`m not going forward. A brief resume`.......I have contacted the ICO giving them the info re. insufficient data, no corres or contact of any kind other than the initial bundle of stats. A reply from the ICO stated basically that following the OFT ruling the ICO are aware that banking institutions are struggling to respond in the 40 days permitted (longer, so far in my case) and are monitoring it closely. They go on to say that a valid SAR was issued and that the ICO will be writing to Nat West asking them to ensure that I am provided with the necessary data as per the request. I am advised to await the receipt of the info in due course.......don`t hold your breath comes to mind! I have become cynical in these trying times waiting for info from an SAR thats not been aknowledged as received by Nat West. As I have not proceeded with the LBA (7 days) will this still be enforcable? reason being I thought I would wait for ICO involvement first, but having read Vamps thread (thanks steven for the link) I`m not so sure if that was wise. ICO threaten but seem to be toothless when waving DPA flag. Now I`ve gone this direction I will have to wait. the ICO response was dated 26th June so 2 weeks should be a reasonable time to give. One advantage I can see is if it does go to court the judge will see I`ve given Nat West an age to respond and that I have tried various channels in an attept to receive the data. Any thoughts people? Is this the correct way or is there another way?............Be Strong! bob m.

Hi trudd, Did you receive all the statements you requested? or have they sent out the regulation amount? I ask on the basis that I havent received my full amount which could possibly be for a backlog of requests to fulfill, yet you have received yours in a week! bob m.

Well done fendy, great to know that its worth the effort. I`m sad that your version of war and peace has been curtailed....very sad, perhaps someone will explain to me why? one day... shame. Don`t you leave me hedgey i`m still struggling, can`t manage on me own. bob m x

Hi, No answer to my question from previous post, if there is someone who could help please, I would be grateful, thanks. bob m

Hi All, read through some of the D.P.A. info posted by hedgey. there is a small section where a paragraph refers to a part B procedure for SRA ignored. Its very sketchy and doesn`t explain how to proceed with a court claim or the costs, all i need is the remainder of my stats, nat worst are oblivious to the request, i assume they think i`ll go away.........wrong! Please help people, has anyone been in this situ before?...bob m.

Hello people, Thanks to fendy I have now completed the complaint form for the I.C.O using the link on the previous post. If poss I would like further info as to the direction to go with the County Court compliance. Basically how and how much? Do I go to court and is there any doc`s on this site to assist? Thanks all.....be strong!

I still have not received the remainder of my statements. have sent, recorded del. L.B.A. (7 days) on 31st May. The 7 days have now elapsed. I have not received any aknowledgement of any correspondence I have sent, have recieved some statements. What is my next step?, I need to get this right people! Dont understand why most on this site are claiming for charges, yet I cannot get the info to be able to claim! Who else reads and has access to this site? bob m

have a look at the sticky by nattie, its the last one on the row. may be of help. bob m

Funny, I was just thinking I dont watch eastenders or coronation street or emerdale, I get my fix on the fendyweather thread, with each daily episode. Then what? she`s only gone and won!........ what happens now to all the lonely and sad?.... to the feeble of mind?...... to all the the log ons needing to log in?........ oh by the way........ CONGRATULATIONS YOU DESERVE THIS WELL DONE...........bob m

thanks hedgey will post tomorrow. do you know whether the bloke who lost at lancaster was a cagger? seems his claim was under prepared. Not right the banks winning. Gives them too much confidence to p..s everyone about!

Need some advise on the following letter, is it ok to send as is? any input appreciated. Retail Regulatory Risk 2nd Floor, Cornerstone, 60 South Gyle Crescent, Edinburgh. EH12 9WF. ..........2007 Account XXXXXXXX Sort XX-XX-XX Dear Sir/Madam, I am in receipt of the documents you have supplied in response to my Data Protection Act information request dated ..........2007. The disclosure of personal data is incomplete in that at least the following documents are missing. 1) You have failed to provide a complete list of transactions and charges from the opening of the account 19....., until 4th October 2002. You have therefore supplied 4 years 4 months of an account lasting ..... years (now closed). 2) You have also been supplied with all relevant information to assist in the completion of the request in a letter sent to you dated .......... 2007, of which there has been no acknowledgement of receipt. 3) You have provided no notes, or documents relating to any legal action between you and myself. 4) You have provided no notes or documents relating to instances of manual intervention. This is not an exhaustive list by any means, it is just an example of some of the information I am missing. Accordingly I have to inform you that you have not yet complied with your obligations under the Data Protection Act 1998. The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court. Yours Faithfully, BOB M

Ok deadline day on SAR, 26th May has passed, no response to the letter for completion of the remainder of stats they should have sent me. Must admit that I`m not suprised at all, I think this ones going to be the long haul. Question, what letter do I send now? and what action will that entail? Stay strong.....we will win!!....bob m.

Well done, you deserve this for the perseverance and effort put in, great result! Hope you stay on to help the rest of us, I`m definately going to need your contribution to achieve the same result. bob m

Hi raclan, you could be in for a wait for remainder of stats, I received 4 years worth, still waiting for remainder, now 4 days left on SAR. I have also sent an LBA letter (prior 40 days) as a reminder as I`m trying to go back a long way (1983) don`t expect all, but a lot more than 4 years would be a starter! Hang on in there and make them comply to your request. I have worked out the claim so far on the stats I received, I personally have not included interest, but thats your decision, there are good people on this site who wil advise you better than myself. bob m.

Posted too soon, just read raclan thread. Understand now....sorry

Please explain nattie jumped ship? gone?

Any idea where I may be able to purchase one of those ....extensions madam?