Gill v Clydesdale

[gil8967]

Hi there,

 

I posted my SAR away on 25th January. Received a reply saying it would be dealt within 40 days. I still haven't received them & their 40 days are up on Tuesday 6th March (this Tues). What should I do now? Phone them tomorrow? Anyone? Gil

[stevokenevo]

Phone them!

[allybee13]

Just a quick question (sorry to hijack your thread) but do they have 40 calendar days or 40 working days to provide the information? If it's 40 woking days they effectively have 8 full weeks from the date of your letter.

 

If it's 40 days, mine are due back by 23rd March but if it's 40 working days then they have until 6th April.

[stevokenevo]

its 40 Calendar days.

[allybee13]

Thanks Stevo.

[gil8967]

A bit of a mix-up- only half my statements came. Will now have to wait on the rest arriving. gil8967

[flash]

Hi. I heard a radio news report the other day which revealed that a lady had recieved some £16,000 in charges refunded. She went through the Financial Ombudsman! So it seems that in order to avoid the paultry limit on small claims actions in Scotland (£750) and the alternative of a Summary Action or even, worst case scenario an Ordinary Cause procedure which is complex and can be more risky for the Pursuer in terms of possible expenses should you lose the cause, It would be wise to consider the Ombudsman. You can't use the Ombudsman if you have already taken court action. So try this first and then you still have the option of court action.

[gil8967]

How do I go about informing the Information Commissioner? Anyone..

[gil8967]

Statements arrived yesterday. Got 6 years of statements, should I chance asking for 6 years? Do I add interest at this stage? Anyone??

[change-it]

Is supposed to be 5 years in Scotland -(although I'm going for 6!)

No, send interest at court claim stage.

[gil8967]

Hi Change-it, Done the spreadsheets, no interest added. Have tryed for six year. Letter away this morning. Fingers crossed. Gill

[stevokenevo]

The 5 year limit is because we have a different 'statute of limitations' here, it is nothing to do with the banks, it's actually the court that states they are only liable for up to 5 years. There is probably no harm in asking for 6 years worth in your prelim and lba letters, but when it comes to issuing your court claim you can save the court and yourself hassle by just claiming the last 5 years.

There is also a theory, that we should always look like we know what we are talking about, and by asking for 6 years when you know you can only claim 5, you may be showing a lack of knowledge, and encourage them to give you the runaround. Hope this helps.. .. ..

[gil8967]

Thanks Stevo, The letter went away this morning but I will change it if & when I apply to the courts. Had read a few threads where people had claimed 6 years in Scotland. Cheers anyway, Gil

[mikeb1]

Thats what to do gill I mistakenly sent for six years and got it down to the five when it came to court,You can actually ask the banks for as many years as you`ve had an account in your SARs

 

best Mike.

[gil8967]

Will do Mikeb1. Cheers for that! Gill

[gil8967]

'No refund' letter in today. LBA will be in post tomorrow.