Clydesdale Bank **SETTLED**

[SR7133]

I thought about the Scottish Information Commissioner but he does not deal with Data Protection Compalints - that's retained by the ICO.

 

I'll wait & get a reference number & give them a phone regarding progress - they might start getting fed up with the number of complaints & do someting about it.

 

Anyway, started Small Claim against Clydesdale for £580 & Hearing set for 31 July 2006.

[shathis]

As a bit of a lurker on here for the past few months have been following this and other threads with interest!

 

Following this i sent the standard letters provided and gained the same response regarding July 05 onwards. Having followed this up with one of the letters in this and another thread and a threat of ICO i recived this letter this morning!

 

 

DATA PROTECTION ACT 1998 - DATA SUBJECT ACCESS REQUEST

We refer to previous correspondance and conversations advising that we were unable to accomodate you request for account information proir to July 2005, under your right of access to personal information.

 

In the intervening period the Bank has sought to amend its systems in order to be able to provide this innformation to our customers

 

We are therefore pleased to confirm that we are now able to provide you with a copy of you Bank Statements from date of closure to 2001.

 

We are arranging to obtain the innformation required and will provide it as soon as we can.

 

 

Anne Findley

Network support.

 

 

So a small victory perhaps? No mention of the £5 per statement and £360 required to get this (i paid my £10!) and seems this is volentary as ICO on confirmed they recived my complaint to them and backlog this morning too!.

 

THinking of a suitible follow up letter would probably be a good idea as there is no mention whether these details will be provided within the initial 40 day request. Unless they are trying to stall longer while they find another stalling tactic to the eventual goal for all of us.....return of charges!

 

Anyone like to pen a standard response? Anyone ELSE recived this letter?

 

regards Shathis

[SR7133]

Finally received a reply from Information Commissioner's Office acknowledging my correspondence regarding the Clydesdale Bank and that it will be allocated to a Commissioner's Compliance Officer. They then add " I should point out that we do have an amount of correspondence awaiting allocation"

 

I am not anticipating a speedy reply to this.

 

I'm not too concerned actually as the first claim for £580 will be heard in court at the end of July and that should be useful when the pre July 2005 statements are eventually released.

[JMio]

FINALLY received all of my statements this morning for my Current Account, looks like the ICO have given the Clydesdale the firm boot up the back passage that they've been needing.

 

I'd expect yours to arrive soon - give Network Support a call and tell them that you're in a hurry for them, I did on Thursday and here they are!

[SR7133]

Thanks for the information JMio - I have written to Network Support (like to keep a record of my contacts) indicationg my ICO Reference No. and that I understand that they have supplied pre-2005 statement to other customers and that I would like mine.

 

I await their response with interest.

[frugalwise]

Hi:)

 

I received a letter a week ago out of the blue advising Clydesdale would supply statements !!!!!!

Sure enough they have turned up, so keep up the pressure and lever them with the fact that statements are being provided.

 

Next question.

Was a current account gold.

What can I claim back apart from exceeding overdraft charges?

Can I for instance claim the monthly gold account fee or the exhorbitant interest.

The other fee that latterly had appeared was transcation charges for internetmoney transfers etc

[SR7133]

I have received two letters - one from the Infomation Commissioner advising that they had been in touch with the Clydesdale Bank instructing them to comply with my Subject Access Request as they were not complying with the Data Protection Act in withholding statements prior to June 2005.

 

The other was from the Clydesdale Bank saying that they have amended their systems in order to be able to provide this information to customers and that they are arranging for this information to be provided as soon as they can.

 

Bit of a result all round!

[SR7133]

Statements from 2000 have now arrived and going back 5 years the amount of charges is £1780 - I couldn't believe it! 1st Letter sent to Cldesdale reclaiming charges. I am waiting to go to court on 31 July for my claim from June 2005 to date, so it may be a further 3 claims (to keep them below £750) are in the offing.

[SR7133]

Small Claims Summons for £580 - Return date for Clydesdale Bank was 24 July and they have indicated that they are to defend the actiion and the Hearing will go ahead on 31 July.

 

Starting to prepare my papers for action!

[SR7133]

I attended the Preliminary Hearing at court today (31 July) and the Bank had a solicitor there to defend them. They are lodging a defence and a counterclaim which they ran through at breakneck speed and when I asked if I could receive a copy the Sheriff advised that it would be lodged within 14 days and that I would receive a copy. It appears that the defence revolves around - terms & conditions and that the charges are legal and not disproportionate. A date for a Full Hearing is to be set.

 

I will update when I get more details.

 

Just to advise others and not with the intention of putting anyone off but the Preliminary Hearing was in a small courtroom where there were about 10 - 12 solicitors in the well of the court. Also present were about a dozen members of the public waiting for their cases to be heard. When my case was called, I was signalled to come from the public area into the well of the court. It was all a bit disorganised and although the Sheriff explained what was being put forward by the Clydesdale's solicitor I felt that I was thrown into the "solicitor's home territory" with no seat avaiable or guidance of where to go. I would suggest that anyone going to the court should at least pay a visit in advance (as recommended in the forum) just to familiarise themselves as to how everything works. It would certainly be worthwhile asking a court officer or Sheriff Clerk of the exact procedures in advance so that you go to the correct area/place to present your case.

 

Looking forward to the Hearing now and scouring the forum for more ammunition.

[SR7133]

Today I received an offer from the Clydesdale Bank's solicitors for £400 + expenses of £39. I have written to reject this as the total, including interest & expenses of £75, now amounts to £697.

 

The Hearing date is set for 18th August.

 

The Bank has lodged a counterclaim which goes into details about terms and conditions and how that affected the running of the account.

 

The last two paragraphs are as follows:

• "During the period 19 May 2005 to 22 December 2005, the Pursuer breached the contract with the Defender by failing to keep within the agreed overdraft limit on the account. The loss incurred by the Defender resulting from the Pursuer's failure to keep within the agreed overdraft limit on the account amounts to £580" (This is the amount I am claiming)

• Esto the charges imposed constitute a penalty or an unfair contract term within the meaning of the Unfair Terms in Consumer Contracts regulations 1999 which is denied, the Bank has suffered loss and damage in the amount of £580"

Can someone explain what this means in relation to their counterclaim as I am not sure whether this means that they are trying to get more money out of me or that that this is to justify that their actions were legitimate.

[jannercobbler]

 

The last two paragraphs are as follows:

"During the period 19 May 2005 to 22 December 2005, the Pursuer breached the contract with the Defender by failing to keep within the agreed overdraft limit on the account. The loss incurred by the Defender resulting from the Pursuer's failure to keep within the agreed overdraft limit on the account amounts to £580" (This is the amount I am claiming)

Esto the charges imposed constitute a penalty or an unfair contract term within the meaning of the Unfair Terms in Consumer Contracts regulations 1999 which is denied, the Bank has suffered loss and damage in the amount of £580"

Can someone explain what this means in relation to their counterclaim as I am not sure whether this means that they are trying to get more money out of me or that that this is to justify that their actions were legitimate.

 

Basically the bank are stating that their charges are fair (1st paragraph)

 

but if they are a penalty then it has actually cost the bank £580 therefore it isn't a penalty. (2nd Paragraph)

 

With the 2nd part this is where you need the bank to PROVE there costs actually amount to the fees they are charging. The only way this can be done is if they disclose their account figures.

 

But I wouldn't hold my breath for that to happen.

[SR7133]

Thanks Jannercobbler - so I take it that the "counterclaim" is that what they charged is legal and that this cost them £580?

[SR7133]

VICTORY - Received letter from solicitors offering full amount - £580 + interest - £42 + court costs (£39 and not £75 as I had claimed but I can live with that). Total amount £661. The reason given was that the amount of claim did not warrant the expense of going to Court.

 

On with my next claim against Clydesdale for charges pre 2005 - £1780

[bowkett]

WOO HOO, well done! Most excellent news SR, you seem to getting good at this winning business! I do hope a little of your luck rubs off on me

[caro]

At long last someone has got their money from this shower. This is fantastic news and very encouraging for those of us waiting in the court system. Let's hope they follow suit in the English courts.

 

I will move your thread to the Clydesdale/Yorkshire Bank forum where there will be much celebrating I am sure. At last they seem to be on the ropes.

 

CONGRATULATIOND:D

[turt77]

WOOOOOOOO HOOOOOOOOOOO!!!!!

 

Fantastic news!!

[rachel2609]

Is that the floodgates I hear creaking open ........................ I hope so!!!!

 

Great news, well done!

[rascal3103]

I think it might be racheal it just might be.......

[davg]

Congratulations and well done SR , have been following your thread for a while now so it's good to see the Clydesdale caving in at last.

 

davg

[Bigmac versus]

Yes they do put up a good fight right enough, in the end its all the same,PAY UP.

[Patricia C]

Hey! Someone advise please?

Got my statements from Y/B - cost me £10. worked out hey owe me around £800. Sent the initial template letter to my branch. Received a letter back saying basically they are not refunding me anything, beacuse it's in their terms and conditions, and that they acted within these. It's a long winded letter with loads of terminology I don't understand, and they've enclosed a leaflet on teh banking ombudsman and complaints procedure. So....what do I do now??? Do I write to head office in Scotalnd or my branch here inEngland? Is there another template I use? Am I still in my rights? I'm confused..again! HEEELLLPPP!

[rascal3103]

Hi Patricia,

 

Firstly read through the FAQ, it will give you a good basis for what you are doing. Basically after the Pre-Lim letter (which is the one you have just done i assume) then go onto the LBA, give them another 14 days, or sooner if they reply, then go to the MCOL stage (Money Claim On Line) this is court action.

 

Direct your letters and court action to your branch in England, that way there is no way it can be mistaken for a Scottish Claim and limited to £750, England is upto £5000. Make sure you read u regarding MCOL before you do it.

 

I found the best way to learn was just read through other posts, as many as you can, you will see a pattern but its good to get background info.

 

Hope this helps

 

Stef

[trundlecat]

[Patricia C]

Hi Patricia,

 

Firstly read through the FAQ, it will give you a good basis for what you are doing. Basically after the Pre-Lim letter (which is the one you have just done i assume) then go onto the LBA, give them another 14 days, or sooner if they reply, then go to the MCOL stage (Money Claim On Line) this is court action.

 

Direct your letters and court action to your branch in England, that way there is no way it can be mistaken for a Scottish Claim and limited to £750, England is upto £5000. Make sure you read u regarding MCOL before you do it.

 

I found the best way to learn was just read through other posts, as many as you can, you will see a pattern but its good to get background info.

 

Hope this helps

 

Stef

 

Hi Stef

 

Thanks so much for that - just found the 'Letter Before Action'

Not used to this kind of thing...

It's great to know that this site exists and that people actually offer support and help! Will be sending off the LBA once I've read through a few more postings. Especially the ones where Y/B have refunded! feel a bit wary though, I must admit..asking for so much dosh back!

 

will keep you informed - Patricia