I don't know!!!

[alki]

Hi I'm a newbee and just starting out on this journey. From what I've read so far in Scotland you have to go thru small claim court as it protects you from excessive court costs but you can only claim £750 at a time. I've been charged more than £750 since xmas never mind the last 5yrs will I have to do multiple claims? Do I do them all at once or one after the other?

 

Ali

[alki]

still trying to get my old statements of the bank, have now received 2 identical letters, with the same date, to say that due to high vol. of requests etc. thay will be unable to provide the information within the 40 days. They also informed me it was within my rights to complain to information commissioner. What are they upto another stalling tactic? Anybody else having this problem?

[Bigmac versus]

Due to the high demand they are under pressure, not your problem, give them the 40 days, if they dont appear deal with it then by means of non-compliance, best to spend the rest of your time reading up the faq's.

[caro]

Complain to the ICO as well so that they know what is going on. They have a statutory responsibility to comply under the Data Protection Act, so the ICO needs to know this is happening. Several people have had this letter, and the more who complain about it, the more likely the ICO will take action to prevent them doing it.

[alki]

Quick update:

 

Phoned the AQU dpt of CB at Leeds today asking when I would likely receive my statements the girl who answered thinks that it will be another 2 weeks at least. If I've not received them by then I should phone back, they may have a better idea then. SAR was sent on the 4th Feb so 40 days was up on the 16th March. I have sent a letter to ICO complaining and also to CB telling them that I have complained about them. Looks like next step is LBA for non-compliance of SAR (almost sounds like I know what I'm talking about here),not sure how much good this will do if they are truly that busy.

 

When is the statement due out about bank charges from the powers that be? and do you think that you will already have to be in the court system for it not to affect you?

 

Ali x

[caro]

The OFT report will make no difference to claims at all whether they are in the court system or not, as it will not be legally binding.

 

They could always put more staff on to make sure that they comply with their legal obligations re SARs. We need to keep the pressure up.

[alki]

Looking for some advice, received one accounts statements on Friday and after going through them we have paid the bank £9348.36 in charges, sc monthly payments (not sure exactly what they are but the more overdrawn we were the higher they got) and monthly interest (wasn't applied every month so don't know how they work it out), over the last 6 years.Ouch!

 

Not sure how to proceed now as we are in Scotland and have always banked in Scotland with CB. Going to court sounds like it is going to have to involve a solicitor and could be very expensive. Has any one gone through the FOS for larger amounts?

 

Ali x

[Bigmac versus]

Hi alki after reading your thread i would suggest taking the route of the FOS, there will be guidance on this available just shortly on the forum, in the meantime send them the prelim and the lba as you need the banks final response before complaining, there will be a clearer picture by that time of what suits best.

[alki]

thanks mac,

 

Still waiting for another accounts statements to turn up so will hold off just now until we have clearer idea. Sent them a letter 24/01/07 but without any specific numbers on it just that we were unhappy and wanted money back from charges, they replied with the usual letter, do you think we should just start again but with copy of charges this time?

 

Ali x

[Bigmac versus]

I would suggest so, send them the prelim letter in the lib and attach a schedule of charges with it.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

[alki]

ok cheers, on holiday with kids for next fortnight so if other statements ever turn up will have time to get it all sorted and sent.

 

Thanx ali x

[Bigmac versus]

Ok treat them seperate though due to the amounts involved, have a nice holiday.

[alki]

Hi, just to let you know that we received letter back from ICO. First part of letter explained what complaint was exactly etc. They then went on to say:

 

We would like to explain that due to the number of complaints we are receiving about failed subject access requests we are writing to financial institutions on a monthly basis, sending them a 'batch' of complaints.

We will be writing to Clydesdale Bank with the next batch of complaints at the end of April07 and will of course include the details of your complaint in our letter. We will advise Clydesdale Bank to ensure that they provide you with the information you are entitled to as a matter of priority. Furthermore, we will ask them to outline what steps they are taking to ensure their future compliance with the Act. Therefore although we will now close your case we would like to assure you that we will continue to carefully monitor this issue.

Finally, it may be helpful to explain that a breach of one of the data protection principles is not a criminal offence and we cannot punish an organisation for a breach of principle. Our priority is to get organisations to take steps to solve the problem and to ensure thay handle personal information properly in the future.

However, it may also be helpful to explain that if you have suffered a loss because an organisation has broken the law, you may be entitled to compensation. We do not have any powers to award compensation and any claims should be made through the Court.

So looks like we're just one of many complaints and CB are only going to get a slapped wrist, if anything.

 

Ali x

[BankFodder]

Please would you scan me a copy of this letter in pdf format .

[email protected]

 

I am sure that the IC has powers to take firmer action than this and it is about time that they did.

 

Please would you also include your username on the email.

 

Thanks

[alki]

Bankfodder hope you received e-mail, Mr Alki had to send it as I 've still to work that bit out on the computer.

 

Anyhows, finally received 2nd accounts statements (only 3 weeks late!) and having totalled them up have another claim of £1,424.89, and they wonder why there is never any money in the account!

 

ali x

[alki]

Hi all,

 

Quick question, when sending LBA do I still say that I am taking legal action or inform them that I am taking further action through the FOS route?

 

thanx

 

ali x

[Bigmac versus]

It wont help nor will it make any difference in my opinion, your aim is to get their final say on the matter as quickly as possible so you can send the complaint form.

[alki]

Hi all,

 

Received letter in response to LBA on Friday, straight from J Sutcliffe & co, offering us £400 Full & Final settlement (asking for £7,491.59 before interest),so not a chance.

 

Have sent them a letter back declining and gave them a further 14 days to pay the full claim before further action.

 

Also sent LBA for second account, put a few weeks between them to keep them seperate so that I don't get confused never mind the bank.

 

ali x

[caro]

Sounds like someone J Sutcliffe & Co has an odd sense of humour offering an amount like that.

[RossD1968]

Maybe they use CYNthesys to work out how much they are going to offer!

 

J Sutcliffe offered me £200 for roughly half of Alki's amount.

 

I suppose they are just trying to make thmeselves look better for the judge and try and show how reasonable they are:p

[alki]

Quick Update:

 

The £400 full and Final settlement was actually for both accounts not just the one as I first thought so sent them back a rejection letter. Sent all correspondence to FOS on 16/07/07 for both accounts, as bank have joined accounts up, just put in one form.

 

Received a letter from the bank today offering £1880.00 for both accounts:mad: , this will be declined and letter forwarded to FOS.

 

Hope everyone is getting on OK,

Alki x

[alki]

Hi everyone,

 

Well that's us now stuck, received letter from FOS this morning saying that due to the legal proceedings at the heart of our case being referred to high court they were unable to proceed with our case as normal. Will now have to wait until the outcome is known (so only about a 2yr wait then knowing CB!!!).

 

Good Luck everyone else,

alki x

[Bigmac versus]

Hi alki the result of this case is expected late Feb/march buit with appeals it could rumble on.