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Hi, proceed with your prelimiary letter and then your letter before action giving them 14 days to reply to each.

 

Their non-compliance with the Subject Access Request is a seperate issue and should not affect your timeline for persuing your charges.

 

Essentially they have not complied with your request, as the Data Subject you are entitled to the Manual Intervention sheets. And they are useful from the point of view of illustrating which processes are automated, and which are not.

 

I would be inclined to include in your letter that you will make a complaint to the Information Commissioners Office if they do not comply, and furthermore if the request is not completed within 40 days of your original request an offence has been committed.

 

Information Commissioner's Office - ICO

 

If I can help in anyway let me know, always glad to help out a fellow gooner.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 4 weeks later...

Hi - haven't been able to update for a while but have now sent off my preliminary request and counting down the 14 days. I will update as soon as I have any response. Am I right in thinking that a response from the bank along the lines of "we are looking into this" does not count and that I should still send in the LBA if I have not had an offer of settlement?

Jooles

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Yes, thats exactly what you do. :D

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Many thanks - getting more confident with this - but still can't believe they'll pay out - expecting a reply along the lines of "you got yourself overdrawn, it's your own fault..." But am in it till the end now - have claimed £2,600 without interest so far so will be a very happy bunny if successful

Jooles :)

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People get more confident the more they read around and get a good idea of how thing work.

 

Is is a fantastic feeling when you get that letter saying they are going to pay. :D And if you have to file at court, the interest will be a great extra.

 

You should have a look around at the next stage so you can see what to expect. Obviously, just ask if you get stuck. ;)

HOW TO...DUMMIES GUIDE TO CAG...Read here

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hi -have today received a reply to my preliminary request for payment - have tried to copy this word for word:-

 

Dear Goonerjooles.

We acknowledge receipt of your complaint about bank charges. we believe your complaint concerns the leve, fairness or lawfulness of the charges. If it concerns something else, such as an administrative error, please let us know.

 

We believe the charges are fair, transparent and lawful.

 

However, the bank (along with a nmber of other banks) has now become involved in legal proceedings with the Office of Fair Trading (OFT) in relation to bank charges which will resolve the legal issues regarding the fairness and legality of your bank charges. This has now become known as "the test case".

 

It would be our normal approach to resolve your complaint through our internal complaints process as quickly as possible. However, until the determination of the legal issues in the test case, we have asked the Financial Services Authority (FSA) to suspend the normal timetable for dealing with bank charges complaints. The FSA has agreed to this request subject to conditions that protect your rights.

 

We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resoluton of the test case.

 

Once the case between the OFT and the banks finishes, we will deal with your complaint as quickly as possible.

 

We are sorry we have not been able to respond in full to your complaint now, but we (together with the FSA and the OFT) think it is necessary to resolve the key legal issues before we decide how tho respond to your complaint.

 

The first phase of the test case was heard in January and February this year in the High Court in London. Judgment on this first phase was handed down on 24 April. On 22 and 23 May a procedural hearing took place. Various next steps in the case process were decided upon at that hearing.

 

Firstly, the Court dealt with the issue of appeals. The Court gave permission to the Banks to appeal one aspect of the April Court judgment that unarranged overdraft fees are assessable for fairness under UK legislation. The Banks are appealing on this issue as they continue to believe the legislation in this area does not apply to these circumstances and as the test case process is of considerable public interest, it is important for the issues to be fully tested.

 

The OFT confirmed it is not seeking permission to appeal the April judgment.

 

Secondly, it was confirmed there would be another hearing where the Court will be asked to consider whether terms and conditions previously used by the Banks are capable of being penalties. this hearing took place on 7 to 9 July 2008. We will update our website when the Court announces its judgment on this question.

 

While the Court oncluded in April that unarranged overdraft fees are assessable for fairness, the Judge was explicit in stating thids does not mean they are unfair. A further hearing is required for the Court to determine thi issue of fairness. It is not yet possible to confirm when this hearing will be but the Banks are workikng closely with the OFT and the Court to bring a conclusion to the test case process as soon as possilbe. If at that stage you do not agree with our conclusions you will of course be able to refer your case to the Financial Ombudsman Service ("FOS") (or to the courts).

 

Given the continuing court case we have asked both the FOS and the courts not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will not proceed with cases which rely on these legal issues being considered in the test case.

 

Similarly, you should be aware that if you choose to issue a claim in the County Courts, "the Master of the Rolls" (in England & Wales) or "The Lord Chief Justice" (in Norther Ireland) has, at our request, issued a notification to the County Courts suggesting they stay proceedings about bank charges. This means that until resolution of the test case, claims in the County Court will not be heard. Alternatively the bank will immediately apply to the Court for an order to stay your action until resolution of the bank's proceedings with the OFT.

 

We will keep you appropriately updated about the test case. You can also check the latest position on our website at http:Overdraft charges update- RBS - The Royal Bank of Scotland

 

The FSA requires us to ensure your complaint will not be adversley affected by the delay in dealing with it. Customers for whom Scotland is the most likely jurisdiction should be particularly aware of the following:

 

1. You may choose to take your complaint or claim agains us to either to FOS or the courts in Scotland

2. your right to refer your complaint to the FOS will not be affected. The FOS provides a convenient alternative to the courts, and is free for consumers. However, as already explained, you should be aware the FOS has, at our request, decided not to determine these complaints for the time being until the test case is resolved.

3. However, if you nonetheless wish to take your claim to the courts in Scotland, you should be asware that the timing of when you raise a claim against us may be important. As such, you may wish to seek independent advice on filing a claim now to protect your rights (although you will have to pay a court fee). If you do this, you should be aware that the bank will immediately apply to the court to put your action on hold until the resolution of the bank's legal proceedings with the OFT.

 

If you have any further questions or would like an update on the latest positon regarding proceedings please check our website or call us on 0845 3030 442. Lines are open 9.00am - 5.00pm Monday to Friday or 9.00am - 1.00pm Saturday

Yours sincerely

 

Lyn Kirkland

 

 

Can I please have some advice here, should I still send off my LBA after the 14 days are up, which will be 24th July? Or should I now sit on hold. It would appear from this letter that the OFT, the Courts and the FOS all seem to working with the Banks and if I put in a claim at court it will be stayed. If it does go to a court date and the banks are successful would I be able to drop the case before the date or would I then be liable to costs without ever having been to court.

 

As you can tell the hyperventilating has started again!!!

 

:confused: Jooles

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You should carry on with your claim. Send the lba as planned, and when you are ready, file at court. Yes it will more than likely get stayed, but as soon as you file, the interest will start to add up. ;)

HOW TO...DUMMIES GUIDE TO CAG...Read here

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EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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No they havn't. But they would like you to drop your claim. :p

 

Have a look on the OFT thread for all updates.

 

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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