Waiting for statements to be sent from Clydesdale

[PitmanTheBRAIN]

hi all

 

i have sent Clydesdale bank my first letter requesting a refund on all my charges from the past 6 years! i sent them all the statements i had!? they totalled up to about £1654? i mentioned if you refuse i would then like a copy of all my charges during the last 6 years - i believe they can take up to 40 days to send you these copies..?

 

i recieved a letter today explaining : they are not prepaired to refund the charges on my account and enclosed me a rubbish booklet on how to pursue my complaint if i remain dissatisfied with this responce - to the FOS = Finantial Ombudsman Service

 

So i am now away to send them a second letter requesting my charges/statements - under the Data Protection Act 1998 - Subject access Request Form

 

my wait begins!! keep me informed in how you guys get along dealing with the CB - Clydesdale Bank please :grin:

 

 

 

 

 

 

[bitingback]

Hi Pitman,

 

Found you again,

 

I'll keep an eye on the thread and if there are any questions just ask

 

regards

 

BB

 

Any advice offered is my own opinion and if in doubt I would always recommend getting a second opinion.

If you find it useful or helpful please tip my scales.

[PitmanTheBRAIN]

Cheerz love!!

[caro]

Use the time to read up. I see that you are in Scotland, so if your claim is likely to be over 1500.00 you may be best to look at alternative methods of claiming, like the FOS.

 

This link explains why.

 

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

This may be useful too.

 

 

http://www.consumeractiongroup.co.uk/forum/scotland/16053-scottish-jurisdiction-mike-dailly.html

[PitmanTheBRAIN]

My 40 days after sending the DPA Letter is almost up! 3 days left, i have just recieved a letter saying...

 

Dear (me)

 

Re: Data Protection Act 1998 - Data Subject Access Request

 

I Refer to our previous correspondence Acknowledgeing 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 period has almost been reached, However, Due to the high Volume of requests we have recieved 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 Commissioner at the end of the 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 patience and understanding in this matter.

 

Yours Sincerely

 

Advice Quality unit - Charges Section

 

where do i go from here? do i send a letter before action when the 40day period is up??? xx

 

8)

 

Please get back to me when u can!! xx

[voyager9]

hi i have replyed on my thread

 

voyager

[voyager9]

hi here is my reply

hi

there isnt much i can tell you have a look in the following thread you should find what you need there

 

Data Protection Act - Non-Compliance - Template Letters

 

i havent had problems like you yet! but no doubt will

 

also have you started your own thread you may get more help

 

also make sure you read faq`s

 

hope this helps voyager

[bitingback]

Hi Pitman,

 

Found your thread and replied to your PM, will keep an eye on you now. LOL

 

Regards

 

BB

[bitingback]

Morning Pitman

 

Got your PM so here we go:-

 

There are a couple of issues here,

 

1/ if you have had no response to your Data Protection Request and the deadline has passed then you should report them to the Information Commissioner and also consider filing a DPA Non-Comp claim at the courts.

 

particulars of claim info here:-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

I am not familiar witht he scottish system so can't really advise on this, however if you have details of charges they have taken from you it may be possible to estimate your claim based on these figures. Not sure what the small claims limit is in Scotland (think its £1500) but will see if I can point someone experienced in the Scottish system at this thread.

[PitmanTheBRAIN]

perfect!! thanks for getting back to me so soon?

 

i still dont know what to send to the bank now? letter before action? with a new request of charges to be put back into my bank?

 

can you maybe sample a letter i could send to them please!? sorry to be such a nuisance?? i just dont know what to do??

[PitmanTheBRAIN]

how do i report them to the information commisioner?? x

[sajabu2003]

The Information Commissioner's Office

 

Complaints about Data Protection

 

Sarah.

[setubal]

Hello Pitman,The phone helpline for the I C O is 01625 545745. Good Luck

[PitmanTheBRAIN]

cheers guys!! complaint is on its way!!

[PitmanTheBRAIN]

wheres your thread?? (voyager) i get all confused with all these threads?

[Andy-t]

Hi Pitman,

 

Glad I stumbled on yur thread.. Am having the same trouble with Clydesdale in Scotland.. Sent Complaint to the information Commisioner and sent the bank non-compliance template and not had a reply from them after nearly 2 weeks so think i may have to go through the courts..

 

Subscribing to your thread, let us know what you decide to do and how you get on..

 

My thread is here:

 

[/url] Andy-t Vs Clydesdale

[PitmanTheBRAIN]

hiya!! hows you!?

 

good to heard that someone is in the same boat as me (scotland bank) i sent a complaint to the information commisioner just yesterday? see how i get on? what letter (non complience? template did you send? can you forward it on to me please? i sent my first letter before action to both the main branch in glasgow and my local branch... is that the non complience letter? im a wee bit confused! so much to take in! xx

[PitmanTheBRAIN]

My Action Towards the clydesdale bank Charges

1st Letter to bank – 5/3/07 – Charges Complaint

- Explaining that i beleive they have charged me unfair charges within the terms of consumer Contracts Regulations 1999 Schedule 2 (e) Also Requesting a refund of the correct amount which was unlawfully charged to me durning the last six years Giving them 14 days to to refund all the charges back onto my account, if not done i will comance my claim in the courts without Further warning

1st letter From Bank – 12/3/07 – Re: Charges Complaint

- Explaining ‘’During this time, the relationship between you and the bank was Governed by the banks standard terms and conditions and they are not prepared to refund the charges on my account

2nd letter to bank – 14/3/07 – Data Protection Act 1998 Subject Access Request

- Asking to supply me with a complete list of transactions and charges relating to my banking history with clydesdale bank (6 years) as requested on the 6/3/7. with enclosed £10 DPA Subject Access Request Fee, giving them40 days to comply

2nd letter from bank – 27/3/07 – Re: Reopening my complaint

- Explaining they are reopening my complaint as the initial one was not fully investigated, and no refund of charges levied to my account, they will respond shortly once everything was reviewed

3rd letter from bank – 19/4/07 - Re Data Protection Act 1998 – Data Subject Access Request

- Explaining they understand that they have 40 days to provide me the info i requested, realising there time is almost up, and behind schedule due to a high volume of requests, and regret that they are not able to give me the info as yet, also understand that i am within my rights to reffer the matter to the information Commisioners office at the end of the 40 day period, and thank me for my continued patience and understanding in the matter! Haha

There 40 day period was up yesterday - 24/4/07 - so i did send a complaint (The Data Protection Act 1998 Complaint form) to the Information Commisioners Office

And Sent Both my local branch (Aberdeen) and the clydesdale head office branch (Glasgow) A letter before action, giving them 7 days to comply fully with my subject Access Request! Threatening If they dont i will apply to the county Court for an order to enforce Complience!

They now have until Moday the 7/5/07 to reply!!

Il keep you updated!! xx

[Andy-t]

Hi Pitman,

 

I'd sent my local branch the letter before action giving them 7 days to comply too. That expired on the 18th April. Seeing as it's now the 25th and I've still had no reply from them, I'm going to print off the court forms and try and lodge them with the court this week.

 

Hopefully Clydesdale give you a satisfactory response before you need to go down that route, not sure how likely that is though

 

Andy

[PitmanTheBRAIN]

where did you find the court forms? i would like to have a wee lookey, as no doubt i will be doing the exact same!!! xxx

[PitmanTheBRAIN]

just called leeds branch (clydesdale branch ) 0113 2315010 they have said that at least another 3 weeks before i get my statments/charges through!? its already there 40 days up i have allready sent a complaint to the Information commisioners office, And my letter before action to head office and my main branch!??

 

OMG!!! Not a happy Camper!! it just seams to be getting worse and worse!

[Andy-t]

There are links to the court forms in the the Scottish Procedure thread here

 

Basically we need Form 1a and form Form 1b

 

The instructions in that thread tell you how to court for the costs so I plan to use some the info & particulars here. Not sure how much this will need to be adjusted for the Scottish Courts system though.

[Andy-t]

Hey again,

 

If they received your 2nd letter (Subject Access Request) on the 14/3/07 as you say, then they should have responded by 23/4/07 and their time is already up.. From what I've read from others I would probably just ignore what the branch told you about another 3 weeks and stick to your 7 days before court action date.. The links to the forms are above

 

Andy

[PitmanTheBRAIN]

PERFECT!! Thanks for your help!!

 

i still dont know if its a small charge claim or not? still dont know how to total all of the charges ive got at the moment? if i am doing it right then they total up to almost £2000? and sure as hell when - (IF) I get my other charges sent to me it will be alot more than that?

 

can anyone help me from here? xx

[PitmanTheBRAIN]

how much is this going to cost me aswell - taking them to court?