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    • Send them on SAR immediately. Do it today. Read up on this forum and elsewhere on the Internet about crifas. How long have you had the account? Have you been having large sums of money going in or out recently – especially paid in cash? This kind of unexplained behaviour generally relates to something that triggers a suspicion that your account is being used for money laundering or some other kind of fraud. If that's what has happened then you will find it almost impossible to get information about it and also almost impossible to find out when your account might be made available to you. If a CIFAS marker has been applied to your account, the bank takes upon itself absently Draconian powers and you will scarcely even get any assistance from the FOS who quite frankly are simply a poodle to the financial services sector
    • In addition to dealing with the individual problems that this person is creating for you, you obviously need to deal with it holistically because there is a problem of identity fraud which may well continue and will certainly affect you and your family throughout your lives. Nobody should underestimate the seriousness of this kind of thing. Although people will commonly apply the label of "identity theft", what you are actually dealing with here is "identity fraud" and it is well understood in academic circles. The police were quite wrong to say that there was nothing they could do. I'm afraid that this reflects under-resourcing coupled with poor staff development and a poor attitude. There are offences being committed here and the girl herself is committing fraud contrary to sections 1(2a), & 2 of the Fraud Act 2006  https://www.legislation.gov.uk/ukpga/2006/35/contents   Of course the police will find it very difficult to do anything and given their resources, I suppose they have other priorities. However, you could be certain that if your family was related to the head of the local police force, they would be dealing with it PDQ. You say that this has been going on for a number of years – but you don't say how long. Maybe you had better give us a detailed account of what has happened. Please set out in a bullet pointed chronology so that we don't have too much narrative but a good structured idea of what has happened. This should include a list of the problems which have occurred and how they have been dealt with and also complaints which you have attempted to make. You definitely need to start taking this very seriously. How old is your daughter? In terms of opening mail, you should open every letter that comes to you and if you find that it is associated with this fraud, then you should photocopy it/scan it into a computer and start building up a file. I hope you have kept some of the correspondence and other documents which you might have received. Please let us know what you have. You are definitely going to have to start accumulating a robust file of evidence and I suggest that the first thing you do is you start sending SARs out to all of the organisations which have been involved and see if you can tease out of them any personal data that they might have which is apparently linked to you. Either they will provide you with a statutory disclosure – or, of course, it will be amusing if they say that they are more proof of your identity and that they won't let you have the disclosure because they are not satisfied that the data they have relates to you. I don't think you're in a position to make any serious complaint until you have put together a convincing file of evidence which shows that there is systematic identity fraud. We will help you to start to do this and help you to structure the file that you will put together and then we can begin to explore avenues to make a complaint. It also occurs to me that they could be a basis here for making a complaint under the Protection from Harassment Act 1997 although this would be an unusual application of the act – but we can have a look when you put together your file.  
    • Correct.  If the breach of statutory duty continues then you issue another claim.  The distress you are claiming for is only the the distress you experienced up to the issue of the first claim.  
    • Thank you all for your help. Is there any way to find out what (if any) debt I owe?
    • Just quick one before I ship the letter this morning. Do I need to add parkingeye's reference number to the letter?   Thanks
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A little of what i had done previous to the court case.

I asked for all my bank details for last 6 years under the data protection act,althugh these took over 100 days to arrive, before they arrived i wrote a letter to clydesdale bank from a template on here asking for all my charges to be refunded,By this time the court case was about to happen and in the last letter back from clydesdale bank it told me all claims were put on hold until after the case,well we know how long that went on,after the case i heard nothing back from them, It works out with interest i am due back over £4000 if successful, what step d i take now and can i still do this? I have just had £105 of charges on my accounts this week and no doubt will have more because of this it is getting hard to clear things when these charges keep pulling me back,hpefully someone can help.

Best regards john:(

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Hi John

 

Sorry your thread was overlooked.

 

The situation at the moment is that after 2 appeals, the banks managed to win the case against the OFT, but the supreme court judge suggested that there may still be scope for claims. The OFT decided not to pursue this and have given up.

 

To date, no-one has won a bank charges claim since the test case, but there are cases going through the courts, including some high profile ones involving Govan Law Centre, one of which is against Clydesdale.

 

My advice would be to hang fire claiming for now, but watch out for future developments.

 

If I were you I'd ditch YB and open a new basic account with another bank, or a building society (not Nationwide) and get everything transferred to that account.

 

Of course you'd still have an OD and would need to decide how you will sort that account out in future, but at least you can tell them that you dispute the amount that you owe due to charges etc, which in theory means that they should take no action against you.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 months later...

Can I just pick up on that last point, please? I have a situation whereby my overdraft with YB at the point in time they closed the account was in excess of £3,000, but the vast majority of this comprised charges over the previous 6-year term. I tried to claim this value back vii the courts and settle the difference, but after the hearing this now looks a non-option.

 

Meanwhile, the YB and it's solicitors are chasing me hard for the entire £3k+ sum. Can I tell them that a good proportion is still contested and discuss the differential with them; if so, on what basis? Thanks in advance of any wise words

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  • 2 weeks later...
  • 4 weeks later...

Hi sinner.

 

As things stand at the moment, the chances of getting the charges back are, at best, remote.

 

I think it is certainly worth looking at negotiating some kind of full and final settlement with them. Is it YB's in-house sols chasing you and is it all in writing?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi

 

I am going to court against the Clydesdale Bank later this month for bank charges which were added after I had notified the CB that I was not working and also provided them with confirmation from the CAB debt center that I was not working. However, they ignored my letter and kept adding charges.

 

I am now also claiming charges back on the basis of them being unfair under the terms in consumer contracts regulations 1999 Reg 5 not 6. Like yourself I owed only 7 but now have a "debt" of over 1500. Can let you know how I get on at court and also what defense they offer if that would help you in any way to create your case,

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Hi

 

I am going to court against the Clydesdale Bank later this month for bank charges which were added after I had notified the CB that I was not working and also provided them with confirmation from the CAB debt center that I was not working. However, they ignored my letter and kept adding charges.

 

I am now also claiming charges back on the basis of them being unfair under the terms in consumer contracts regulations 1999 Reg 5 not 6. Like yourself I owed only 7 but now have a "debt" of over 1500. Can let you know how I get on at court and also what defense they offer if that would help you in any way to create your case,

 

That's very interesting. Look forward to hearing what happens.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi

 

I have now been to court. The Clydesdale bank sent a barrister who served me with papers asking for a stike out 15 mins before the trial. When I complained to the barrister about the late delivery of papers I was told that they had emailed me a copy of the paper (only my bank has never had my email address so this was not possible).

 

I am going to scan in the documents and upload the barrister's defence so that anyone going to court knows in advance the cases that the barristers will use to stop the case from going ahead - it is pages long.

 

As I pointed out to the Judge I needed more time to check the cases used by the barrister as I have no legal background so need the internet. This was not possible and the case was dismissed. The barrister's objection to the courtcase proceeding arrived at my house four days after the case and was post dated after the case - they will play nasty.

 

Afterwards the Judge recomended that I complain to the Office of the Banking Ombudsman as many of my charges contravene the banking code and the Office of the Banking Ombudsman can offer compensation. I am in the process of pursuing this avenue but today received a letter from the CB demanding that all charges are paid immediately.

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It would be very helpful if you could scan all the documents so we can try and work out the reason for the judges decision. I'm surprised the judge didn't allow an adjournment.

 

Do you know the name of the barrister?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Alternatively, convert them into a pdf format and upload that :)

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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