JMio v Clydesdale Bank - LBA Sent

[surreyscouse]

best of luck JMio !

[JMio]

I'd received this a few days ago, but not hada chance to post it until now.

 

Response from the ICO, re Clydesdale Bank's delay tactics.

 

--- --- --- --- --- --- --- ---

 

Dear Mr Mio,

 

I am writing further to my correspondance dated 25th May 2006 regarding your complaint against Clydesdale Bank. I have now received a response to my enquiries.

 

I understand from your correspondance that you made a subject access request (SA) to Clydesdale Bank on 8th March 2006 making specific reference to the information contained within your bank statements covering the last six years. This request was acknowledged almost one month later and the letter simply explained that duplicate bank statements cannot be obtained through a SAR. Following this, you repeated and clarified your request, enclosing your £10 fee, on 10th April 2006. Following this, Clydesdale Bank responded to your SAR; however it informed you that statement information prior to July 2005 would not be provided because it falls outside the scope of the Act due to the way it is held.

 

Based on the information you provided, I contacted Clydesdale Bank for a description of how the transactional information contained within bank statements was stored and retrieved. The Bank provided the requested information and it is our opinion that the information is stored electronically therefore falls within the scope of the Data Protection Act 1998.

 

Based on the above, it appears that there has been a contravention of the sixth data protection principle, which requires daa controllers such as Clydesdale Bank to process personal data in accordance with data subjects' rights. This is because it did not provide you with all the personal data you were entitled to under the Act following SAR. It is therefore our opinion that it is unlikely that this processing has been carried out in compliance with the Act.

 

Clydesdale Bank has confirmed that is has recently been in direct contact with you regarding this matter and is in the process of providing you wih the transactional data from your bank statements pre-dating 2005. On this basis, we do not consider that it needs to take any further action as a result. However I have reminded it of its obligations under the Act and clarified that its current systems fall within the scope of the Act.

 

It may be helpful to explain that a contravention of one of the data protection principles is not itself a criminal offence and the Information Commissioner has no power to 'punish' a data controller. In such instances, the Commissioner will seek a resolution to the contravention and once satisfied that it has been remedied then in general no further action will be taken.

 

Furthermore, section 13 of the Act gives individuals the right to claim compensation if they have suffered damage as a result of a contravention of the Act. If this is something you would be interested in pursuing, I would advise you to obtain legal advice with a view to taking the matter to the courts. The Information Commissioner is unable to comment or advise on any claim for compensation.

 

Thank you for bringing this matter to our attention. Your case will now be closed.

 

Yours sincerely

 

Claire Naven

Casework and Advice Officer

[caro]

Nice work Jmio!! And you have helped a lot of people with this success. Well done.

[JMio]

Cheers, I'm still contemplating a 2nd complaint to the ICO regarding their stance on Manual Intervention info...

[geedels]

That's what I'm wondering... I've asked them to send me details of what their charge rates were over the years, i.e. if it's £22.50 now in 2006, what was it in 2005/2004 etc etc.

 

Either way, it'll add the fat end of another £500 onto my claim!

 

 

 

Hi JMio, so in conclusion to this variable service charge which we have been getting charged each month we've incurred a penalty charge, have I understood it correctly that we can add that on to the rest of the charges we've incurred. It is a significant amount!

[shathis]

yeah...ive got all my statements too, and still totting up the penelty charges! B

 

BUt also im not sure if you can add the SC charges that appear at the bottom of each statement for defering on a cheque or going over overdrawn limit!

 

Can anyone clarify this....was it something you took in to consideration JMio?

 

Then which is the best letter to use to claim it back! Thanks of all the help so far!

 

SHathis !

[geedels]

Some of the messages on the previous page to this may answer some, not all, of your questions. The library has the letter template for preliminary request for repayment.

[JMio]

yeah...ive got all my statements too, and still totting up the penelty charges! B

 

BUt also im not sure if you can add the SC charges that appear at the bottom of each statement for defering on a cheque or going over overdrawn limit!

 

Can anyone clarify this....was it something you took in to consideration JMio?

 

Then which is the best letter to use to claim it back! Thanks of all the help so far!

 

SHathis !

 

The staff at my local branch told me that this varied 'Service Charge' only occured after I'd gone overdrawn during the previous month.

 

If (like me) you don't beleive that it costs them upwards of £20 a time to rectify your overdraft, then slap that amount onto your claim too.!

[geedels]

The staff at my local branch told me that this varied 'Service Charge' only occured after I'd gone overdrawn during the previous month.

 

If (like me) you don't beleive that it costs them upwards of £20 a time to rectify your overdraft, then slap that amount onto your claim too.!

 

 

I reckon you are right, however I guess they would never agree to repay the full amount of the Service Charge, and will say they are entitled to charge you a certain amount for providing you with the over draft . I am still charged now - every month - even if I don't go over my limit, but the charge is 'only' £11 in those cases.

[JMio]

Fair point.

 

However, I'll let THEM pondor, and then argue how much they think is a fair amount - and THEN I'll be asking them why they thought they could get away with Overcharging us all for so many years...

[rossirvine]

So would it not be a good idea too include the service charges then, would that mean they won't payout and would rather go to court?.

[alftupper]

My account is a silver account which charges me £7.50 a month for ????, this I accept as a charge but everything else, late fee, irregular fee, card misuse, bounced d/d or s/o and service charge are as far as I am concerned all penalties. You get a service charge in the month following alleged misdemenour so for exceeding your limit you are charged £45 for a bounced d/d £55.50 -- reasonable no way!

[JMio]

Prelim letter completely ignored, so LBA sent off today. 1st class recorded delivery.

[caro]

So another claim in a fortnight then. They will be busy.

[arthur071169]

JMio, I am in the process fo getting my 6 years details (they agreed to provide them to me for £10 after a nice follow up letter was sent to someone *other* than my branch manager!).

 

My I be so bold as to ask if you could provide the 'main' content of your letter to the CB, (omitting the financial details, obvisously)... This may provide to be a useful templete of sorts for others, should your claim be successful.

 

In particular, how did you word that the SC each month was punitive and should be included in the reclaim for charges?

 

Regards,

Arthur Gill.

 

 

Prelim letter completely ignored, so LBA sent off today. 1st class recorded delivery.

[JMio]

I just used the standard LBA that's in the Bank Templates library - my view is that ALL of their penalty charges are unlawful, and I want them back.

 

If they want to argue this, then they can do it in front of a Judge, and they can decide!

 

[geedels]

Got a response from the preliminary request letter, they refuse to pay - obiviously, and give a long list of reasons why, regarding their terms and conditions. They also say they will counter-claim me for damages against them should I take legal action.

I guess it is nearly time to start the court proceedings...

[andy_h_arch]

Hi geedels,

 

Got my letter back morning also, stating that they refure to pay as I had accepted their terms and conditions when i opened the account. It take it there is no more we can do apart from small claims?

 

PS - really ****ed at A&L - I knew a dd was going out yesterday and had insufficient funds so withdrew money from different account and lodged cash into A&L to cover dd. They fined me £35.00 this morning and rejected the dd (it to my account £6.00 over without the money lodged) they said the dd was taken out in the morning and by the time i had got in at lunch time it was to late.

 

Can they do this? is there not a time in the day that they have to wait until?

 

Really peaved but will have to open another account before if lodge claim as they apparently close the account when you claim!

 

Andy_h

[Andy Wade]

Hi geedels,

 

Got my letter back morning also, stating that they refure to pay as I had accepted their terms and conditions when i opened the account. It take it there is no more we can do apart from small claims?

 

PS - really ****ed at A&L - I knew a dd was going out yesterday and had insufficient funds so withdrew money from different account and lodged cash into A&L to cover dd. They fined me £35.00 this morning and rejected the dd (it to my account £6.00 over without the money lodged) they said the dd was taken out in the morning and by the time i had got in at lunch time it was to late.

 

Can they do this? is there not a time in the day that they have to wait until?

 

Really peaved but will have to open another account before if lodge claim as they apparently close the account when you claim!

 

Andy_h

Yorkshire bank bounce the DD and fine you as soon as it goes 1 second past midnight on the day your DD comes out.

Lloyds TSB allow you until the end of that working day to get your money in before they bounce your DD.

Some banks are [edit] about this, and some behave a bit better with their customers.

Yorkshire bank also take your money out on midnight Friday for DD's coming out on Monday. They say it's so you can't accidentally take the money out by mistake and go overdrawn.

The [edit]

 

[MODERATED: Please do not post libelous comments on this site]

[norvernrob]

HSBC let anything and everything come out of my account, even if there is no money in it, they never bounce a payment. The charge an overlimit penalty at the end of the month of course, but it's a lot better than some banks. I still got my money back from them though

 

I absolutely hate YB with a passion, as well as what they did to me there was a woman that worked at my branch that was incredibly patronising - when I applied for a loan she said 'oh I doubt you'll get this'. My credit record was perfect and it was approved straight away, to which she said 'oh it's said yes, that's suprising' She was also the person that answered the phone when I rung to complain about my loan DD coming out early, and told me to ring head office as it had nothing to do with them!

 

Take them for every penny, if you've sent the LBA and got the refusal in return, lodge your moneyclaim straight away Andy. Don't forget to add this months charges!

[andy_h_arch]

I didn't mention on my last posting, but A&L used to allow me to go over my limit and fine me at the end of the month (£25.00) and the dd still gets paid. However their attitude has only changed in the last month since I asked them (firm but nice!!) for my money back.

 

I'll go after them once CB has been sorted out and another account has been opened.

 

I have just realised that I sent the LBA, not prelim letter. They have still just responded as with everyone else. Could this have a bearing on the claim or should I go back and send the initial letter?

 

Andy H

[caro]

Hi Andy. Can you start your own thread, explaining what you have done so far and we will try and help you. It is important to read the FAQ's thoroughly and understand what you are doing or you could jeopardise your claim.

[JMio]

This lot's incompetance appears to be never-ending...

 

Received a big, A4 lett from Clydesdale Bank's very own Ring-Master (let's face it, that's a Circus they're running not a large, multinational Financial Organisation) Mr Neil McKirdy:

 

--- --- --- --- --- --- --- --- --- --- ---

 

Dear Mr JMio,

 

I refer to your letter of 19 June addressed to Elaine Notman. This, together with copies of previous correspondance, has been passed to me for attention.

 

There appears to have been some confusion in that your aforementioned letter, as well as that of 14 June, specifies credit card charges whearas Ms Notman has written to you based on an assessment of your bank account. Please accept my apologies for this.

 

I am also in receipt of your letter of 13 July regarding charges on account [My Current Account]. I note that you previously sought details of charges on this account and I enclose copy statements from the opening of the account to June of this year.

 

As well as the aforementioned letters, the Bank has received a Small Claims Summons with you as the pursuer. Accordingly, I can make no comment on bank charges and would as you to note that the matter has been passed to our Legal department.

 

If you are unhappy with the way in which your complaint has been handled or the outcome you may now refer the complaint to the Financial Ombudsman within six months from the date of our final rsponse letter to you. Their address is South Quay Plaza, 183 Marsh Wall, London, E14 9SR.

 

Yours sincerely

 

Neil McKirdy

Customer Relations Manager

 

--- --- --- --- --- --- --- --- --- --- ---

 

Along with that letter, the buffoon has send me another batch of my Copy Statements, which I've already received!!

 

Now, granted it took a bit of battling before they arrived the 1st time, but being sent them a 2nd time is hardly the response I was looking for when I asked for a refund of charges.!?!

 

It amazes that a company with such incompetance is still in existance.

 

Tell you what Neil, I'm really really looking forward to another of our 'little chats' again tomorrow.

[caro]

I had almost forgotten Neil, it's so long since I heard from him. lol. Sounds like he might be a bit unsure what is going on and after your complaint to the ICO wants to make absolutely sure you have everything you need.

 

Is it me or is it suddenly getting reeeeeally busy on the CB/YB front. Nothing for months and now we are all being bombarded. Perhaps they have suddenly woken up to the fact that something is going on.

[pjdudley69]

Is it me or is it suddenly getting reeeeeally busy on the CB/YB front. Nothing for months and now we are all being bombarded.

 

I've been thinking the exact same thing myself over the last few days. Hopefully though, at the pace things seem to be moving lately, we'll have some good news for this sub-forum - and hopefully, it'll give more people the encouragement needed to tackle this useless bunch of [insert whatever word suits ]