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shifty50dog

Bristol & West bank

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I would be inclined to write to David Higgs outlining the response you have had from the IC, and informing him that if you are not now supplied with the information within 14 days, you will issue a county court action to force compliance - you will also advise the IC that they are still in default of their statutory obligations under the Act.

 

Once you get the information you will be better able to put together what they actually owe. At this stage I certainly would not send in an estimated figure, as it seems that B&W are now going to have to supply the information fairly quickly, and it would just mean having to send a revised demand. Of course, if they fail to get the info to you within the 14 days, then it may mean a re-think.

 

They did try the same tactic with me, suggesting that I would have to go to each department separately. Unfortunately, this was only one of many attempts at trying to stall my claim.

 

When the information finally arrives you need to challenge literally everything - even if some of the charges appear to be legitimate. I have found that many charges levied on my account that seemed to be okay, they have failed to substantiate, and are just disguised penalties.

 

Anyway, keep us posted, and glad that the tide is turning.


Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Thanks Alan i will do has you say sounds better.You can see by the way im doing this that im no good on computers i try to get my son to do it but he moans and hes 25 he says its all to complicated and i agree.Im just waiting for my bank action stickers to come i will stick afew of them on my letter to D. Higgs will keep you posted one other thing do you think the b.w know all my penalty charges and should i complain to the office of fair trading and banking ombudsman about b.w data compliance officer and the witholding of data just to pee them off.

 

 

thanks pete.

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one other thing do you think the b.w know all my penalty charges and should i complain to the office of fair trading and banking ombudsman about b.w data compliance officer and the witholding of data just to pee them off.

 

At the end of the day, B&W have levied the charges, and should be easily able to provide a list. Indeed within my Standard Disclosure they have included a couple of lists of charges which their internal system must have compiled.

 

As for your other question, it is really up to you - however, I would not expect any earth shattering result. The OFT seem to be operating their own agenda, and the Financial Ombudsman clearly has no interest in getting invloved.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Thanks Alan.

 

 

best regards pete coventry.

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Hi Alan wrote to David Higgs requesting all charges that were Applied to my account over the ten years and stated my interest in the 1per cent loading charge.I asked him to take control of relative departments data office and morgage arrears department to get this information because they were being obstuctive.I said that i would give him 14 days to reply or i would contact the I.C.O and report them for default and that i would go to the courts for non compliance.Waited 3 weeks so i sent him an email asking him to reply before friday has to what he intended to do.His email reply was please be more specific has we have sent you statements wich will detail all information that you reqiure.On there statements there are only monies due and monies paid ive had it with this guy i dont trust him or any one from that organisation please advise because im near to giving up but i want to hurt them badly.

 

regards peter

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I am sorry to say that the only way you will ever beat Bristol & West is to be persistent and focused. If they have failed to meet a deadline, then don't give any extension. The only way I got my data was by commencing a court action under the DPA.

 

Remember that David Higgs is a senior solicitor employed by Bristol & West. He is paid a good wage to stall claims against the bank, and to try and make claimants decide to back off. Never fall into the trap of thinking that he is trying to help you.

 

I am certain that Bristol & West will only settle my claim when they are finally left with no other option. That could be at 11.59pm on 20th December.

 

Equally they could try to argue that they can defend the claim without providing documentary evidence to support 90% of their defence - if the judge accepts that then they will get a reprieve until March - but in the end they will have to settle my claim, or go into court and face the consequences.

 

You must decide how to proceed, but my feeling is that you will only get the information you require by taking control, and forcing them to supply it.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Thanks alan.How do i take court action could you give me help and how much will it cost.

 

thanks peter.

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In the Bank Template Library there is some information on making a claim under the DPA, including POC's for the N1. Unfortunately, the cost has proved to be dependant on the court. Some will accept them for a £30 minimum fee - but others have been charging £150 as they are processing them as an injunction.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Hi Alan glad you got your money from bw.I got a reply from david higgs regarding loading charges said he would look into them for me that was a month ago.I got peeved with him so sent an email giving him till friday to come up with the goods or im going to file to the courts for non compliance of data and said i would inform the judge that there data controller mr mcCleod was being obstructive.Tring to force the issue now once and for all this time im going to do it unless they make me an offer.What do you think.

 

regards peter.

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Bristol & West will drag their feet for as long as they can. My experience was that they had no intention whatsoever of coming to any settlement, or providing any documents, until I forced them to do so.

 

From the time-line within this thread I would say that you are allowing them to run rings round you. Please be aware that it took me almost a year from my first complaint to a final settlement being agreed - and I only achieved that by imposing deadlines, and forcing compliance.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Hi Alan i know what you are saying.Got an email from david higgs today telling me that a letter will be in the post this week.If there is no good news in it i will issue the summons for non compliance and i will not converse with mr higgs anymore and take control.I will let you know what they say.

 

regards peter.

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hi alan i just dont know what to do higgs is saying there are no charges on my account.i mentioned you and that you got your money back.he said send my details to you then ive got to go to a meeting and put the phone down.

 

regards pete

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Firstly, I would seriously advise against dealing with senior solicitors over the telephone as they have years of experience at arguing legal points. I have also warned you against allowing them to side-track you.

 

It is VITAL that you remember what you are trying to achieve, then pursue that through to the point where they have to comply.

 

In this case, you have made a Data Subject Access Request - and the Information Commissioner has already indicated to you that they should supply this. It is totally irrelevant what David Higgs says about whether any charges have been levied - you made a DSAR, and they have to comply with that DSAR.

 

When they supply the information under the DSAR you will then know exactly what you have been charged, and can seek detailed explanations of why each charge was levied.

 

The more the waters are muddied, the more Bristol & West will delay.

 

Please do not fall into the trap of thinking that David Higgs is going to help you in any way whatsoever. He is employed by Bristol & West to win legal cases and to keep claims against them to a minimum.

 

My experience was that he his good at his job - and ONLY agreed a settlement when faced with no other alternative.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4833 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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