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Andy-T v Clydesdale Bank


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Been meaning to start this process for a while now and bitten the bullet and written my info request after discovering £135 worth of charges last month alone after getting into some financial difficulty and going beyond my overdraft limit.

 

So far..

23rd Feb - Request for Information Letter posted 1st class Recorded Delivery

26th Feb - Royal Mail reporting successful delivery

27th Feb - Cheque Cashed By Bank

 

So guessing I should have some more news by the 7th April providing Clydesdale fulfil my request within the 40 day period.

 

Wish me luck..

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You won't need it.;)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...

ok, times running out for the bank to get back to me with the deadline occurring this Saturday (7th April), all I've had in response to my request for transactions is two copies of their standard responses (dated a day apart).

 

While it is possible I will get a response in the next few days im not going to hold my breath and want to get ready for the next stage. Which is the best way to proceed from here? Should I be making a complaint to the information commissioner or allowing the bank more time and threatening them with a complaint if they again fail to meet my deadline? Really just looking for the quickest tactic here.

 

Andy

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Ok, just received a letter from the bank confirming that they are going to be unable to comply with the Subject Access Request within the 40 day time period and that I am within my rights to complain to the ICO. Would like to put a bit of pressure on the bank to fulfil the request as quickly as possible rather than sitting around and waiting for them to respond in their own time..

 

Am considering sending the non-compliance template as found here. If this process is followed, should I also be informing the ICO or does seeking the court order bypass the need for their involvement?

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You can do both, although I think it is likely to be the court action that speeds up the response. I believe you should also complain to the ICO though to make sure they are aware of just how much this bank are avoiding meeting their legal obligations, so they will step in and put a stop to it in future.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks Caro,

 

Have slightly amended the template to inform the bank of my intention to complain to the ICO and allowing them a further 7 days before taking legal action.

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  • 2 weeks later...

Clydesdale recieved the SAR non-complience letter on their 11th and I've had no ackknowledgement from them so I guess I'd better carry through my threats and proceed with court action. There's a couple of things im not sure about though and would be grateful if anyone could help me out on the following:

 

1) All correspondace so far have been with the branch im registered with rather than the local branch. Im in Edinburgh so was hoping to use Edinburgh Sherrif court to avoid travelling. Is this alright? Also, should I be taking action against my branch or use Clydesdale HQ address as the defendant?

 

2) I've read throught the paticulars in the template's, I pressume these also apply to claiming in Scotland?

 

Any help on these issues would be appreciated!

 

Andy

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Have been reading round some of the FAQ's and still can't find the answers to the above issues, if anyone even point me in the right direction?

 

Also, it just occured to me, while I don't have statements going back 5 years, I do have them from the start of the year. At this early stage, would it be un-reasonable to write to the bank with a preliminary approach for an estimated refunded calculated on the basis of what i've been charged over the last four months?

 

I realise this makes a sweeping assumption that I've been charged consistently throughout the last 5 years though in light of the clydesdales failure to comply with the SAR, surely it is up to them to disproove the accuracy of the figure?

 

Andy

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  • 4 weeks later...

Still not much to report back yet.. Despite numerous phone calls and a couple of letters placed to the bank I have still not received a single statement from the bank after 87 days!

 

Did go to the court to enquire about forcing compliance and the clerk advised me that he didn't think there was much which could be done, rather I may be better arguing for damages when I finally get to put a claim in.. Is this really the correct process in Scotland?

 

Seems unlikely I'd be able to successfully claim damages on top of what they owe me given the £750 limit here and the likelihood that I'll have to apply through the FOS.

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Thanks for the info diddled, it's somewhat comforting to know im not alone though it's not exactly reassuring!

 

127 days really does seem way out of the bounds of what Clydesdale suggest is merely a reasonable delay due to the volume of requests.

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  • 3 weeks later...

hey guys how u all getting on?? any more success yet??

 

ive now left my complaint to the FOS My last prelum letter, the bank was late in replying, havent sent them another LBA, (first one asking for my copy of charges) It took me months to get my copies of charges sent to me, and i fairly enjoyed highlighting the unfair charges - i got a sore hand - lol! :-)

 

i have spokn to the financial ombudsmen now, hopefully they will pull teeth out the clydesdale bank now... sent them a copy of all of my letters i have sent to the bank and all the letters i have recieved from the bank including the copies of my charges which are all highlighted!! they also asked me for my first reference that was on my first letter from the bank, im sure it will all be in safe hands now??

 

i dont still send the bank my LBA now surely??

Thanx for your help again,

 

Caroline x:p x

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Hi Andy, I am in the very same situation as yourself.

I sent my first letter away to Clydesdale Bank on 27th February along with my £10 Cheque which they cashed on 28th March! I did receive 2 letters 2 weeks apart stating that due to demand, I would not receive my statements within given timescale. I still haven't received my statements! I was advised by a sympathetic lady in Leeds office at the end of April that due to all the requests, these statements were being printed in Glasgow and I could expect them at the beginning of June! This was not due to manpower she assured me, but due to the machine not being able to cope with the demand! It 's a bit gauling though, 4 of my colleagues started this process (with different banks) and they have all been paid out. I haven't heard of anyone being successful with the Clydesdale yet!!

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No progress as yet.. still waiting 107 days and counting..

 

Caroline, Looks like you were luckier in getting your statements when you did. Not really been reading much on here lately so not sure what your next steps are..

 

Aidcam, yeah, it's really frustrating.. Unfortunately, there doesn't appear to be much we can do about besides wait around though. Don't get too disheartened though, I've read numerous cases of people who've won against Clydesdale in this forum. Stick at it, im sure we'll get there eventually.

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ok guys not happy!!! just came home from work and noticed a letter from the bank with a check for £200 when my original claim was for £1642.. and as abouve the FOS Are now in control with my claim as of yesterday x what do i do?? gutted!! :sad:

 

not so lucky now...

Thanx for your help again,

 

Caroline x:p x

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Oh my God!!!! That is so awful! Was there an exclamation for what that is for- surely not your claim!!!

Please, please do not bank that cheque! :eek: Just that I've heard if you do, the B******* take that as their final offer and that you have accepted it!

Shocking!

Marie

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Oh my God!!!! That is so awful! Was there an exclamation for what that is for- surely not your claim!!!

Please, please do not bank that cheque! :eek: Just that I've heard if you do, the B******* take that as their final offer and that you have accepted it!

Shocking!

Marie

Tell me about it!! Not a happy camper!! but i spoke to the FOS and i faxed them a copy of the letter and check to carry on with my case!!

 

they told me to send the check back to the bank with a letter explaining im not taking it as my final settlement!!

 

anyone know of any templates here i could use to send back my check!? prerebly a harsh letter!!??

Thanx for your help again,

 

Caroline x:p x

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Hurray!

 

Finally got my statements after 113 days! Got the highlighter out and spent an hour or so going through them.. It's already been a worthwhile experiece just realising how badly I've been managing my finances of late! Oddly enough, it seems the more I've been earning over the last 6 years, the more trouble I seem to get into :confused:

 

Anyway, first count puts my total at around £1700 but i think im going to go through a couple more times to make sure I've got things right before moving on to the next stage. I've also not included any unathorised interest charges in that as im not sure im confident that i know which o include, though interest charges do seem extortionate for months I've gone over my authorised overdraft.

 

Anyway, off to go and double check my figures before trying to get my head around the interest spreadsheets!

 

Andy

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