Azazal23/ Natwest

[Azazal23]

Cheers, was just a rough draft. i have checked the grammar and spelling now. Just wondered if i had missed anything out or could add anything to hammer my point home a bit more.

 

Many Thanks

[BankFodder]

its possible, just think its very coinsidental considering the problems im having with Natwest. As i have had no response from them yet, just wondering what there doing in the background..... would the DPA request i have requested disclose any kind of intervention and checks like this

It should do if you have made a full SAR request. When did you make it?

 

Have you made a request from Natinwide also?

I thihk that it would be a good idea and then you may be able to match data or see where somethings might be missing.

 

When did you make your SAR?

[Azazal23]

Hi

 

Made the request to Natwest on the 29/3/06 to:

Mr Alex Lyons

Data Protection Manager

Retail Regulatory Risk

2nd Floor

Business House B

GOGARBUREN

P.O.Box 1000

EDINBURGH EH12 1HQ

 

I havent made a request to Nationwide, i may well do that. I might call the woman who rang me in the first place and ask just ask her up front. Ive never had any problems with Nationwide always been quick to sort any problems - so ill try route one first.

 

Will the DPA request contain data such as any investigations and phone calls made such as the ones the other week. Is that what is meant by manual intervention

[Azazal23]

Had a reply today from Noreen Woods - Customer Relations Borehomwood

 

Telling me they are investigating my complaint and iam to get back to me by the 15 May.

[Guest Alison82]

Thhis post is shocking so do they think you are the fruadster. If I was you I wouldn't bother with a new account with NW just repost them everyway you can and make sure you fully exercise your rights

 

Good luck, hope it all egts sorted out soon , I can see it has been draging on quite a while

[Azazal23]

been going one since March 2005. I just think its that embarassing for them they would just like me to go away. Unforuntely i responded to a post on the top of the forum with regards to a TV programme thats being made about banks, and they would like me speak to me, so i may well be on the telly soon. Lade called Vikki Rogers got in touch yesterday.

[fallen404]

Nice one! Go for it.

[Azazal23]

Ill have to get my suit dry cleaned. Dont worry ill give you all a mention:) Ill plug the site

[Azazal23]

Just an update - I have recieved the DPA information back, after 41 days. But it does not contain the "manual information" data. I would consider this a vital part of my forthcoming claim as it should/will show every time i have contacted them. branch visit, letter or phone call - as this complaint is the best part 16 months old i expect the log to be quite large and quite damning.

 

How can i proceed now, can i take this as a failure to comply with the DPA request, if so how can i proceed?

 

Thanks

[Azazal23]

Dear Ms King

 

 

I am writing in response to your letter dated 25 April 2006, in which you assured me of a response to my complaint by the 15 May at the latest. As you have failed to do so I am now not willing to co operate with you any further I have tried my up most to conduct myself fairly and give you (Natwest) every opportunity to rectify this situation that was brought about by a complete failure to act once I had reported suspicious activity on my account. Please note this was reported in the first instance to you as far back as January 2005.

 

You have failed in your commitment to provide me with a safe, reliable and efficient banking service, which is written into the terms and conditions of the contract I signed with you on opening my account. You also have failed uphold the standards you agreed to when signing up to The Banking Code. You have also failed to comply with a DPA request, which was sent on

the 29 March 2006, please see attached evidence.

 

I calculate you have taken £240 in charges from my account since April 2004, I am now demand these be paid back. In addition £750 to cover costs incurred over the past 18 months. Please note this is not a request for compensation for either failing to comply with the DPA request or what I consider to be a breech of contract. In addition I still require my account to be re instated and a full written apology.

 

I feel exhausted and cannot continue going round in circles any further. I feel you have humiliated me into taking action please understand this was my last resort. If I do not receive confirmation from you within 14 days agreeing in full to my demands I will immediately report you to the Information Commissioner for failing to comply with the DPA request and also immediately start court action to recover the costs detailed above and also compensation.

 

I look forward to hearing from you in due course.

[Azazal23]

I am about to start my legal claim for Failure to Comply with DPA request, Breach Of Contarct & Obvisouly Unaurthorised Chrages. Do i have to file 3 separate claims or can they be done under the one claim. Also can i claim expenses so far.... as in letters time taken to get advice etc....

[mountainofdebt]

I'm not an expert but :

 

a) I dont' think you can sue for a failure to comply with a DPA request...as I understand it, provided you have paid the £10 fee then the best you can do is complain to the Information Office if they don't give you the info after 40 days.

 

b) Breach of contract - can you expand on this?

 

c) Unauthorised charges.....don't you mean unlawful charges?

 

 

Also I don't think you can claim for expenses.

[jonni2bad]

I'm not an expert but :

 

a) I dont' think you can sue for a failure to comply with a DPA request..

 

Please take a look in our TEMPLATES Library.... We actively recommend people take this route!

 

The actual damages is negligable, i.e. it should cover the cost of the failed request for £10 and possible very small other costs for any letters issued to chase them up initially, but there will be no greater costs awarded. The primary aim is to get a court to force compliance and if enough cases come to light, the banks will hopefully get the act together and stop refusing valid requests.

 

In response to the original questions...

 

Finally, no additional costs for your time, I'm afraid. Small claims court actions are designed to bypass the usual costs asociated with court action.

 

Separate claims for the DPA and charges. The DPA will have to be with a N1 form in person at your local county court. You can print off a copy of the N1 in the Templates Library and also copy/paste the DPA Particulars of Claim into it and then print off 3 copies - 1 for you and 2 for the court.

 

The charges can be done online if you wish, but since you are going to have to go in person to the court, you might as well do that in person too.

 

What do you mean by "Breach of Contract" as a claim?

 

Finally, no additional costs should be claimed, I'm afraid.

[Azazal23]

My problem is probably quite well know as i have been on the site for many months, i cannot find my original thread. Basically i had fraudulant activity on my account in Mar 2005, it has taken to this point to get the most of the charges back and get my acocut number changed. There are still £240 of outstanding charges plus my costs incurred over 18 months. I have rec the banks final letter on this on the 15 June which states they are not willing to refund any more charges or offer any more than £100 compensation, they also have given me one months notice to make alternative banking arrangements. as they say "the relationship between us has irretrievably broken down, therefore we are no longer willing to provide you with a banking service"

 

I cant tell you how pi**ed off i am considering they have only just issued me with a new account number and card.

 

Whats my next step can i appeal against this, what can i claim for when going to court. Can i claim for costs inccurred over the past 18 months. They also failed with the DPA request, as i read on the site the Data Commisioner is pretty usless.

[callumsgran]

Hi, not sure how but you can apply for an injunction to stop the account being closed. read around the posts and you will prob find some info on it! i tink bankfodder knows something about it. p.s get another bank account!!!!

[dgif1973]

Heres your original thread

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/2754-unauthorised-direct-debits.html

[Guest NATTIE]

I read some of the threads from you're original. If the DD were set up by ebay the bank should have DD id numbers and references which should help ebay to clarify if they were yours. If not the police crime reference number should be fine both to 1) a refund of fraudulent transactions and 2) a refund of charges that ocurred as a result. the other point you made about DD mandates is a toughie because there is 2 systems of setting up DD's. 1) is that the mandate is sent to the bank who processes them onto you're account or 2) larger companies have a system called AUDDIS(not sure what it stands for but it is an automated system for setting up DD's on bank account-this can be done without written consent but some form of consent for example, vebal consent must be given.) Sorry if these things have already been disclosed for you.

[Azazal23]

Hi

 

They have said they cannot track down the source of the direct debits (the originator) they have refunded me £500 so far but have refused a further £240, which is made up if unlawful charges and charges relating to the fruad. I gave them a crime ref number they have admitted in writing they failed to act upon the information. Which is where i believe the breech of contract comes in, I want to go to court but not sure if i have to file for all these things seperatly, i.e Chrages and costs and breech of contract

[Guest NATTIE]

Have to say that the filing of claims is outside my field of knowledge as I am what I am named. I would suggest a word with customer relations because if someone has admitted a failure to act on information given then surely all charges that resulted from the fraud are owed. If not, follow the normal steps taken by others

[MARTIN3030]

3 threads merged

[Azazal23]

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