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edinburghbeerbucket -v- Bank of Scotland


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brief synopsis up to now:

08/08/2006 - Subject Access Request (S.A.R.) sent

01/09/2006 - S.A.R. signed for

08/09/2006 - S.A.R. cheque cashed

 

Then sent this on 30/09/2006 to [email protected] :

 

Dear BoS Customer Relations,

 

Roll number XXXXXXXXX

 

I refer to my letter dated 23rd August, which was signed for on 1st

September and the enclosed cheque cashed 8th September.

 

Please could you confirm the current status of my request, as 30 of

the 40 permitted days have passed since you recieved the request.

 

Best wishes,

 

edinburghbeerbucket.

 

edinburghbeerbucket :D

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Got a blank email reply on 02/10/2006. But, interestingly, here's the header:

 

From: [email protected]

To: [email protected]halifax.co.uk

cc: edinburghbeerbucket

 

Perhaps the [email protected]halifax.co.uk address is just for SARs?! Might be a fast-track to getting your statements, folks!

edinburghbeerbucket :D

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Ring MBNA to save time. Contact is Paul Miney on 01244 - 672628. Ring him and ask for your late payment fees plus the compound interest on that sum. He will offer you a "goodwill payment" first...decline. Ask for the total plus compound interest. He will work out what that is and ring you back with a figure eg my claim was £550 compound interest £590....therefore total claim was £1160. Paid up in 48 hours!

 

BOS less helpful...fob you off with letters saying will reply in 4 weeks, then need more time 4 more weeks. Stick to your deadlines. Good luck!

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Been away for a couple of days for a wedding (beautiful!), but just picked up this email dated 7th October from [email protected]:

 

Mr edinburghbeerbucket,

 

Your request has been received and will be processed within the 40 days

allowed by the Data Protection Act.

 

Regards

Nicola Inett

Consultant (DSA)

Policy and Development - Technical Support Business Risk - Retail

 

I hope she's right... they've only got 48 hours left!

edinburghbeerbucket :D

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Well, day 40 came and went...

 

Dear Nicola Inett,

 

I am disappointed not to have recieved the information I requested

within the 40 day period permitted by law. This is in spite of the

fact you re-assured me only 4 days ago that the information would

arrive on time.

 

If the information has not arrived within 2 working days, or a

satisfactory explaination is not given within the same timeframe, I

will have no option but to raise a complaint with the Information

Comissioner, and to lodge a small claims action to force you to comply

with my Data Protection Act Subject Access Request.

 

I look forward to hearing from you before close of business on Friday

13th October.

 

Best wishes,

 

edinburghbeerbucket.

edinburghbeerbucket :D

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OK guys, I've had no response from Nicola, so I think it's time to start thinking about small claim action for Data Protection Act non-compliance.

 

I filled out the paperwork, but had a couple of queries so sent the sheriff court a quick email (although perhaps you guys might know):

Dear Sheriff Court,

 

I am currently filling out a small claim summons against my bank as

they will not supply data which I am entitled to under the Data

Protection Act. The Claim (form of decree or other order sought) box

reads:

The Pursuer seeks an order against the Defender requiring them to

fulfill their obligations under the Data Protection Act 1998, together

with the expenses of bringing the action.

 

What should I put in the "action for/of" box? I assume because the

action includes a payment of money, it should be "payment", but please

clarify this.

 

Also, I plan to file this case by post as I am currently abroad. Can

you tell me how I should go about doing this?

 

Best wishes,

 

edinburghbeerbucket.

Will post the response when I get it. I think I emailed the court before and they responded quite quickly.
  • Confused 1

edinburghbeerbucket :D

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Complaint sent to information commissioner today for non-compliance. Don't really want to go through the hassle of small claims court for this part, so fired off an email giving them a last chance:

 

Dear Bank of Scotland,

 

Further to my email of 11th October and the lack of response on your part, I have today filed a complaint with the Information Comissioner.

 

This action will be followed by a small claim court action if you continue to ignore my request.

 

edinburghbeerbucket.

edinburghbeerbucket :D

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OK, so I had a bit of a weird day!

 

Got an email from Ken Patton saying that the statements they sent out have come back to them undelivered. This is because I have a re-direction setup.

 

So I agreed with him that they could send them again non-certified so that they'd get to me.

 

Just as I'd fired off that email, I went to check the mail. Where I found statements from May 2004 til now.

 

So, I wrote back to Ken to tell him I'm still missing statements from Oct 2001 - May 2004.

 

I shall await his reply!

edinburghbeerbucket :D

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Go this email from Ken today:

You are correct in your assumptions, there are two ways we order statements, one involves them being sent to my department for checking and are issued by special delivery, others are requested to be printed and despatch as if it were normal statement. However, this can result in a large number of envelopes being generated so it is not the preferred method. The statements that I have run from late 2000 to May 2004.

 

I'm interested to know why the statements need to be "checked". Surely it's just a case of printing them and putting them in an envelope. Anyone know why?

edinburghbeerbucket :D

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Will be posting this off to The Mound tomorrow morning:

REQUEST FOR REPAYMENT OF CHARGES

 

Dear Sir/Madam,

 

ROLL NUMBER XXXXXXXXXX

 

I am writing to ask you to refund to me the charges you have levied against my account over the last 5 years.

 

It is my opinion that the fees you have applied in respect of unauthorised overdraft fees, account maintenance charges, refused direct debits, etc are a penalty charge designed to gain profit for the bank, rather than a true reflection of the liquidated costs of the bank for my breach of contract. As such, these charges are a contravention of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

I enclose a schedule of the charges I am claiming with this letter. I calculate that you owe me £1576.50. This amount, © in my schedule, is calculated by taking the charges applied (A) and subtracting the refunds of charges you have already applied (B).

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 21 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

Should you choose not to respond to this letter, or if you fail to comply with my request, I will proceed with a small claim action to force your compliance. This will carry with it additional costs (in respect of court costs) and interest at the rate of 8% per annum from the date of service. I’m sure you will agree this is an unnecessary complication for both of us. I am aware of several precedents which support my claim, and it is in both our interests for you to settle this matter now before we enter the domain of the court system.

 

I look forward to hearing from you before 16 th November.

 

Yours faithfully,

edinburghbeerbucket

edinburghbeerbucket :D

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  • 2 months later...

I've been away for a while so here's a wee catchup:

 

7th Nov 06 - Letter from Joanne Carmichael - "we're dealing with your complaint. You will recieve a reply no later than 4 weeks from now."

 

1st Dec 06 - "Sorry we haven't dealt with your complaint. You will recieve a response no later than 4th January"

 

21st Dec 06 - Offer of £920 in full and final settlement.

 

I was away for a while and didn't get round to responding to this last one til last week. I called up to ask them to increase the offer. They offered £1150 (or thereabouts). I said to the guy "I have the court forms all filled out in the bank's name, this is the final chance I will give you before I have to add on court costs, etc. How about the full amount?"

 

"That's your desicion, sir."

 

So I posted off the first small claims summons yesterday. :-)

edinburghbeerbucket :D

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  • 1 month later...
  • 1 month later...

OK, so a lot happened in a short space of time...

 

4th April (1 day after return date) - no defense was filed, so my 'lay representative' went down to the court and filed for the decree to be granted as craved.

 

7th April - Letter from Nick Rogers at BoS saying "without admission of liability ... BoS is willing to reimburse you ... £959.70 which will be credited .. within 5 working days."

 

The £959.70 is the original claim plus interest plus court costs. So that's a victory!

 

Now onto the second half of the claim...

 

The original plan was to use another small claim action, and limit the claim to £750 and leave it at that. But in light of what's happened lately, I've instead sent a complaint to the FOS.

 

Even if the FOS decide (for some bizarre reason) not to refund my money, I will go on and sue the bank in a different court. I don't know if this will make any difference, but it's worth a try!

edinburghbeerbucket :D

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