Yvette v Yorkshire Bank!

[yvette18]

Hi Everyone,

 

I have just received a letter from Yorkshire Bank confirming receipt of my S.A.R. (Subject Access Request) letter and that the information will be forwarded to me within the 40 days.

 

However the letter includes the following paragraph:-

 

" With regard to your request for information relating to manual intervention on your account, there is no specific mention of manual intervention within the Data Protection Act and as such we are under no statutory obligation to record or provide this information"

 

 

Can anyone tell me what the implications of this are? Has anyone else had the same letter? My account with them has been closed since January 2005 does that make a difference?

 

Thanks

Yvette

[RossD1968]

Hi Yvette, Don't think it does. I think it's just a case of YB not wanting to give up details of exactly how much each action costs.

As soon as they do that they really won't have a leg to stand on......well, not that they do now anyway!

It is just standard wording as I got exactly the same response.

Good luck

[yvette18]

Hi,

 

I received two letters this week, 2nd one today, with this detail in:-

 

RE: Data Protection Act 1998 - Data Subject Access Request

 

I refer to our previous correspondance acknowledging receipt of your request for details of charges and/or statements relating to your bank account(s)

 

Within the terms of the Data Protection Act 1998 we have 40 days in which to provide you with the information we hold. The end of this time period has almost been reached, however, due to the high volume of requests we have received in relation to this high profile issue, I regret that we are not yet able to provide you with the information requested.

 

Whilst you are within your rights to refer the matter to the Information Commisioner at the end of the 40 day period, I confirm that we shall provide you with the information as soon as we possibly can.

 

I thank you for your continued patience and understanding in this matter.

 

Yours sincerely

 

T.C Rayner

 

Advice Quality Unit-Charges Section

 

There wasn't a contact number on the letters so I did a BT search based on the address and phoned this number 0113 231 5000 . I asked for the Advice Quality Unit, when I was put through I asked for T.C. Rayner. I was told she didn't work Fridays but he would take a message. I said the letter states they can't produce the statements in the 40 days required but could they tell how much longer they were going to take? He took my phone number and said someone would call me back. They did, about 1 hour later! I was told the statements should be with me by the end of next week, which also happens to be when the 40 days are actually up!! So why send out the letters? I think they are inundated with SAR letters, and are fighting a losing battle!!

 

Yvette

[Bigmac versus]

Hi yvette18 they send the letters out to show the IC if you complain that they have kept you informed and have not simply ignored the request, wait the 40 days and if they are not with you shout back here and we can deal with it then, spend some time whilst waiting reading up the faq's.

[yvette18]

Hi,

 

I got my copy statements through today! I was going to send off a non-compliance letter tonight as the 40 days were up last Friday.

 

I had a quick scan and have to say I felt quite shocked at the amount of charges that were levied! I didn't realise it was that bad.

 

I'll post again when I send off my next letter asking for it back.

 

Yvette

[sajabu2003]

Happy scanning and good luck with your claim

 

Sarah.

[yvette18]

Hi,

 

I've only just completed my spreadsheet and prelim letter, I've been a little under the weather lately!

 

I am going to get it off in recorded delivery post tomorrow.

 

Here's hoping it will go as smooth as it can?:grin:

 

Yvette

[Bigmac versus]

Hi yvette18 hope your feeling better now, good to see your back on track.

[yvette18]

Hi,

 

I've received a response to my prelim letter, telling me they were investigating.

 

Now I've received the letter telling me about the banks standard terms and conditions and that my relationship with the bank was governed by these terms and conditions.

 

In a nutshell, they are not going to refund my charges!

 

I will now send in my LBA and await their response to that.

 

Yvette

[sajabu2003]

Keep up the good work.

 

Sarah.

[yvette18]

Hi Everyone,

 

I have followed all of the steps for reclaiming, my LBA was sent recorded delivery and signed for on 18th June 2007. I make that 19 days ago.

 

I haven't heard a word from them, by post or phone.

 

Now I need reassurance, should I just go ahead and start my court claim? I've been through this with Smile and Alliance & Leicester and won, but Yorkshire Bank make me nervous after reading through other people's threads and what I've seen in the media.

 

I'm greatful for all advice

Thanks

Yvette

[yvette18]

Hi All,

 

I've just submitted my claim with MCOL. It's just over £2200 once you add the interest and court fee.

 

I'll let you know when I hear from them!

 

Yvette

[cf1958]

Just to reassure you, I have just won for my son, i was surprised how quick they offered to pay up really. Filed on MCOL 30-05-07 got offer of £200 07-06-07 , rejected the offer received offer of full charges sometime this week(just come back from holiday) and court costs.

Good luck with yours.

[Bigmac versus]

Yvette18 stick with it and they will pay up.

[yvette18]

Just received a "Notice of Transfer of Proceedings" to my local county court.

 

It says that the filing of an Allocation Questionnaire is dispensed with unless the District judge at my court orders otherwise.

 

There is another note:-

"Any party affected by this order may under rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order."

 

Is this note referring to the dispensation of the AQ?

 

Any advice and words of wisdom greatfully accepted here! I'm really nervous about this claim.

 

Yvette

[Bigmac versus]

Hi Yvette all standard stuff so far, have you had a look at the court bundle yet as YB will leave it late to settle you may be required to appear at court, this is usually where they settle cases unless they get a stay due to the test case but prepair for court and we will cross any bridges that come our way.

 

Dont be nervous because you have done NOTHING wrong you are simply taking a BANK to court for taking your money.

It is natural to be a little nervous but try to read up some threads that have been through the court stages as this will reassure you.

Keep in touch with any updates.

[caro]

Although the AQ is dispensed with you may still need to submit a fee. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html#post773335

[yvette18]

Hi,

 

I was just wondering if anyone has had a stay put on their court claim so far?

 

Yvette

[Bigmac versus]

There have been some.

[yvette18]

Hi,

 

My case is now transferred to my local court.

 

Do I wait for a court date? or Can I put together my bundle as soon as possible and send it to YB and the court before I hear anything?

 

YB have until 15th August to apply for it to be stayed.

 

Yvette

[Bigmac versus]

Wait for a date but you would be wise to get your head around what comes next.

[caro]

I think they can apply to stay the case at any time.

[yvette18]

Hi,

 

I got two letters in the post today.

 

One from my local court telling about the transfer and the dispensation of the Allocation Questionnaire, but also told me I have to pay £100.00 AQ fee by the 15/8/07 or my case will be struck out!

 

The other one from Yorkshire Bank. I have a feeling a lot of these letters have been received by claimants, I've just read on JunkiMunki's thread that he got one today too! Dated 31/7/07 telling us that they will shortly be applying for the court to put a stay on the claim until the outcome of the test case.

 

How can I fight them putting a stay on the claim? Anyone know?

 

Thanks

Yvette

[caro]

Did the letter say WITHOUT PREJUDICE on it? If not I suggest that you send a copy of it to the court attached to this document. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post131900

 

Just put a brief covering letter saying that in light of this letter you have received, you'd like the judge to know that you wish to object to any application for a stay.

[yvette18]

Hi,

 

Thanks for your reply Caro, the letter doesn't say "without prejudice". I am just copying the letter for application for removal of stay as you have advised.

 

I have a couple of questions:-

 

As my account with YB was closed 3 years ago should I leave out the last paragraph "In the alternative"? as it will not apply to me?

 

I need to attend the court before the 15th August to pay my £100.00 AQ fee even though it has been dispensed with. Should I hand this letter in at the same time or put it in the post? Who should I address it to?

 

Sorry, a lot of questions I know:)

 

Yvette