YMcMurtrie v Clydesdale Bank ***WON***

[ymcmurtrie]

Hi Everyone,

My name is Yvonne, I've started this thread on the advice of JMio (cheers) to Keep you all posted with my progress.

 

So far I have nothing to add - I have sent off my first letter quoting the DPA with a cheque for £10 to Clydesdale bank head office at 30 St Vincent Street in Glasgow (G1 2HL for anyone who needs it) Addressed for the attention of "Data Controller"

 

I sent the letter recorded delivery on Thursday 29th of June 2006. So i'm waiting for their response before I can tot up any charges and so on...However, I've been reading other threads, and wanted to let people know, that I, Like JMio, have had an unexplained charge added to my account on the same month as a failed payment or bounced cheque etc, so I'll be asking for them back too. As far as I'm concearned, the only things I wont be asking to reclaim are arrangement fee's that I have signed and agreed to, I.E when taking a loan, or arranging a overdraft etc.

 

I've noticed from the other threads that a lot of ground work has been done for me, so I'm hoping that i'll get my statements without fuss,and that will at least allow me to add up the charges I plan to claim to get the ball rolling from there!

 

I've spoken to a few friends who feel that what Im doing is "too much hassle" So if anyone is reading this with the same opinion, then i'll tell you the same thing I told them. Its your money - if i stole money from your bank account, then you'd want it back, regardless of worrying that mentioning it may ruin our friendship. So if you're worried about them closing your account, open another before writing to them. All the letters are sitting here waiting for you to jot in your own details and stick a stamp on the envelope, you dont have any reason not to, Jesus if someone doesnt have a printer, let me know and I'll print it for you and you can hand write in the personal details!

 

This is too good an opportunity to pass up, not only from the feel good factor of getting one over on a bank after being shafted for years by them, but because regardless of your financial position (my own is fine now) extra money you didnt expect to ever see again will ALWAYS come in handy, and knowing your rights, and how far someone can push you, will always come in handy too!

 

So go for it, there is plenty of advice on this page, and plenty of support from everyone else in the same position!

 

Best of luck, and hopefully I'll have an update for you all soon

Yvonne

[JMio]

That made good reading!!

 

Good luck, we're (me especially as I detest the Clydesdale Bank for forcing me onto a diet of Baked Beans and rice on more than one occasion years ago), right behind you!

[caro]

Well said Yvonne. Go get your money.

[ymcmurtrie]

Finally!!!

Today the bank finally cashed my £10 DPA cheque. I was starting to get worried about the lack of response from them, because on reading other postings, i've noted other people have heard from the bank after sending a DPA request. Usually the letter's recieved by people have just been to tell them their request is either denied to a specific date, or that their request is cooking.....I heard nothing!

 

So finally they have cashed my cheque and i'm now waiting patiently for my requested statements. When I manage to add up the amount owed to me in charges, I will at least have something to keep me warm and fuzzy at night when the bank go cold on me.....Nowt like knowing you'll have a bit of extra cash coming to keep a spring in your step....that and knowing it might cause a bit of a fight and embaressment to someone else

 

So fingers crossed folks that I hear soon....Like I said in my previous posting - I think most of the ground work has been done for me, so I'm hoping my claim is a little more straight forward (Choke)

 

 

On a seperate matter, My parachute account is now open and ready to use when I receive my cards - which should be any day now. I'm already impressed with the correspondance the RBS has been sending to keep me informed and so on - not that i'll let that Lull me into a false sense of security when funds start getting low or I ask for a favour....

 

All the best for those currently waiting...

[JMio]

Good luck! All going fine so far, keeps us posted!

[conn75]

... I detest the Clydesdale Bank for forcing me onto a diet of Baked Beans and rice on more than one occasion years ago...

 

I sooo know that situation only too well...

[ymcmurtrie]

Next update and a quick question....

 

I recieved a letter from the Clysdedale on Saturday (22nd of July) dated 20th of July, stating they will send out my requested statements and that they.....

 

~"understand they have 40 days after receipt of payment in which to provide you with the information held!~

 

Now, considering they cashed my cheque ages ago - aswell as recieved my letter ages ago - if I take the 40 days from them getting my letter - then that runs out on the 10th of August, but by the sound of the letter - they are going to take the 40 days from the date my cheque was cashed - So my question is, should I write to the person who wrote the letter (D Neal Stewart, Network support, 20 Waterloo Street, Glasgow G2 6DB for those who need it) with a "thanks very much for your letter, and look forward to hearing from you before 10th of August" - or should I wait and then chase them up if my statements havent arrived by 10th?

 

I'm probably writing this a little too early - knowing my luck, they'll arrive tomorrow and this post will be a waste of time heheh!

[JMio]

I'd give their Network Support team a ring to chase up their progress, details are in the Clydesdale Bank Contact Details thread (sticky at the top of this section).

 

The 40 days is from receipt of your request & payment, so if they decided to wait ages to cash your cheque, then well that's their problem isn't it.!?

 

If they breach the 40 day deadline by so much as a day, report them to the Information Commissioner's Office & your statements will follow soon after!

[Andy Wade]

Next update and a quick question....

 

I recieved a letter from the Clysdedale on Saturday (22nd of July) dated 20th of July, stating they will send out my requested statements and that they.....

 

~"understand they have 40 days after receipt of payment in which to provide you with the information held!~

 

Now, considering they cashed my cheque ages ago - aswell as recieved my letter ages ago - if I take the 40 days from them getting my letter - then that runs out on the 10th of August, but by the sound of the letter - they are going to take the 40 days from the date my cheque was cashed - So my question is, should I write to the person who wrote the letter (D Neal Stewart, Network support, 20 Waterloo Street, Glasgow G2 6DB for those who need it) with a "thanks very much for your letter, and look forward to hearing from you before 10th of August" - or should I wait and then chase them up if my statements havent arrived by 10th?

 

I'm probably writing this a little too early - knowing my luck, they'll arrive tomorrow and this post will be a waste of time heheh!

 

I'd wait for them to fail before contacting the information commissioner. Mine came after 18 days anyway. I think Yorkshire Bank is the same as Clydesdale bank in this.

The seem to be getting their act together with regard to this part of the process. It's not in their interest to stall with the DPA as they've been reported a few times now.

Later on of course, they are stalling big time.

Some of the legalese they are coming up with beggars belief.

[ymcmurtrie]

Well its morning time now, and the statements haven't arrived. I don't think i'll mind so much if they stall at a later stage, because as I said in a previous posting, I'll know how much my charges are - so I can use that to concentrate on when things start taking their time. I never expected this process to be easy, but I'm not the most patient person - I like things to be done "yesterday".

 

One things for sure, I will never throw away another bank statement or importaint document until I know for sure I will never need it again!

 

I think i'll leave it to the end of the week to phone and remind them the 40 days started on the date they recieved the letter,and not the day they cashed the cheque. In part, they were right, the 40 days does start the date they recieve payment, but not from the date they cash the cheque - especially as it took them almost 20 days to do that!

 

Beggining to develop tourettes when people mentions banks!

[ymcmurtrie]

Hi All -

Have been missing in action for a while - but wanted to update you all. My statements have arrived - I'll update the charge list in a minute, but wondered if I could get a bit of advice.

I'm claiming the Clydesdale Credit card - and two current accounts. One account only has £45 worth of charges - the other is near the two grand mark. Just wondered when I write my first "Gimmie my money back" letter - should I write three - or bunch them all together, then split them into £750 claims later?

 

Thanks in advance,

Yvonne

[davg]

Hi Yvonne, I asked this a few days ago and was advised to issue the credit card claim seperate from the currrent accounts claim.

 

As for wring your letter you would be right to lump the two current account sets of charges together then split it up into chunks of £750 if it goes to court.

 

Good luck

 

davg

[ymcmurtrie]

Cheers DavG - I'll do that right away

 

Best of luck

[ymcmurtrie]

Hi All,

Due to trips to hospital etc, I have only just got around to dealing with this claim....

Anyway as previously stated, I have three accounts with Clydesdale - 2 are current accounts, and one credit card (mastercard).

 

Charges currently are - Credit card = £322.00p (All late fee's)

 

Current account 1 = £90.00p (unexplained service charges)

 

Current account 2 = £1819.95p (Mix of returned DD's and service charges)

 

I decided to start off with the lowest - So I wrote to the bank claiming £90.00p with a break down of statement numbers and dates of charges applied. These charges were "Service" charges, not "returned direct debit" charges, and the only explination I have, is that I had went over my agreed limit (this account has no overdraft facility as I use it for Direct debits only)

When I say I went over my limit, the largest amount I went over by was £2.19p

 

I sent the letter recorded delivery on 12th of September, and still cant track it via Royal mail today. However, I have recieved a reply from Clydesdale thismorning...

Usual rubbish - very sorry you are having problems, I enclude a lovely little brochure "addressing your complaint" and so on.

I sent the claim letter to my branch manager - but the reply has come from Carol Ferguson customer relations team leader (20 Waterloo street, Glasgow G2 6DB - Phone number 0141 242 4137)

 

Basically It says that the financial services authority requires her to inform me they have 4 weeks to inform me of the progress of my "complaint" in writing. It then goes on to say "However if the investigation is not complete within two months we will write to you again setting out the action availible to you"

 

My question is - whats my next step? Basically, from what I read - they are telling me they are stalling for two months, then in two months time they are going to tell me they have investigated it fully, and its all my own fault - I signed up to this when I opened my account, blagh blagh - Call my mystic Meg - but I can see this coming!

 

So - should I put in my other two claims now if its really going to take two months to even "think" about it - or just deal with one at a time as I origonally planned - thinking start small, then refer to the smaller claim success when making my larger claims....because I really doubt they will allow £90 to go to court?

Any help greatly appreciated!

Yvonne

 

P.S. on a seperate matter - I phoned royal mail yesterday to find out why I cant track my letter - this was before I recieved my reply, and they said that it obviously still hadnt been delivered, so after 15 working days had passed - I can claim two free books of first class stamps as compensation for "losing" my letter - so I'll wait another few days, and If i still cant track it - might aswell claim my free stamps and use them to send to the bank heheh!

[Bigmac versus]

You can put as many claims to the bank as you wish but only ONE small claims at any time, then when its settled put the next small claim in.

Did you use the prelim letter in the library with schedule of bank charges attached, if so wait 14 days then send LBA which is also in the library.

If not then you would be best to do so.

[ymcmurtrie]

I wrote my own letter - However I did state the charges by date - cost - and type of charge applied, I even gave them the statement number, and wrote that the first charge applied was for being only £6 something overdrawn for about 5 minutes then I made a transfer via my online banking to rectify the error - only for them to slap the charge on and make me overdrawn again for 10 days, and charge me again.......not sure if thats why they have decided to investigate instead....Will write out the LBA now in preparation...

 

Thanks

[ymcmurtrie]

Latest update -

Yesterday I recieved a letter from the Clydesdale regarding my smallest claim. Above I have put £90, But its actually £100. These charges are for "service" charges, not returned direct debits (there arent any returned direct debits on this account)

Clydesdale are offering me £50 as a goodwill gesture, Obviously, I am going to ask for the rest - Letter (paraphrased) as follows...

 

Your complaint has now been fully investigated and I have come to the following conclusions - the service charge has been correctly applied to your account with reference to the terms and conditions of my account etc

As a gesture of goodwill I have today credited your account with £50 (no she hasnt!!!) This being a refund of two of the service charges previously debited from your account.

I have enclose some bumff on our complaints procedure...

If we do not recieve a response from your within 8 weeks of this letter, your complaint is classed as closed.

 

Basically, what I think has happened is the person dealing with my request phoned me the other day to ask the dates for which I was claiming - even tho I put them in my letter. She told me she could only see as far back as Feb on the system - and thats why I think she has only refunded two charges (two were after Feb, two before) Incidentally - she's the very same person I put in a written complaint about last week because she hadnt done something I had requested her to do - coincidence? hehe

 

Are there any letters in the list asking for "the other half of my money thanks" Or shall I just write a "thanks but I still want the rest" letter on my own?

Also, I am going to photo copy the statements - highlight the charges, and send them with the letter, also doing the same for my next two claims, so that I dont have to go through this again - Just a tip for anyone at the same stage as me

 

Any input greatly appreciated

Yvonne

[caro]

There is a letter in the templates library Yvonne. I wouldn't bother going to the trouble and expense of sending them copies of what they have sent you. If they phone again ask them to write instead unless you have recording equipment, so you have a record of exactly what is said when it comes to claiming in court.

[ymcmurtrie]

Next update -

the small claim I made is now in the bank. Initially recieved £50 offer as a gesture of goodwill, Rejected that, and stated in my letter that I would only be dealing with the bank from now on via letter after I recieved a phone call from the branch asking a few questions about my claim.

Admitedly I wasnt asked any personal information about my account,But I stated my reason for not wanting to talk to the bank via phone was because I hadnt been asked at any time to verify my identity, I stated this was a breach of security.

In the banks reply (which said they were giving me the full amount as a gesture of goodwill) they said they did not need to verify my information if the clerk speaking to me was familiar enough with my voice to be satisfied of my identity - or if they were not asking personal details of my account.

Although I see their point, the clerk that called me from the bank couldnt possibly know me well enough to confirm she was talking to the account holder, and although no specific details were asked - I.E. account numbers and transactions etc, I share a house with another female - who could have taken that call, also, for those who live with parents or partners of the same sex etc, they may not have disclosed their intention to reclaim bank charges - therefore, the bank yapping to whoever answers the phone is a breach of security - because it could have quite easily opened a can of worms?

Am I just being sensitive because of the recent "banks dont shred our information" expose by watch dog?

 

Anyway - good news on the small claim win - now onto fight number two for £322.00p from clydesdale mastercard....

Will keep you all posted.

Yvonne

[caro]

So have you got full settlement (£100?) without the need for a court case? Sounds like good news. Congratulations.

[ymcmurtrie]

Yup - got the letter telling me I was getting the £100 as a "gesture of goodwill" so checked online banking and it had been put in the day before as two £50 "adjustments"

 

Credit card claim letter written and ready to post today

[sajabu2003]

Well done

[Bigmac versus]

Well done Yvonne go get the rest now.

[ladykenco]

Well done

[ozzywizard]

Yeah well done, kinda weird they credited it in 2 £50 adjusts. lol. Not that it matters