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Waiting for statements to be sent from Clydesdale


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Turn the situation to our advantage stand fast, wait and insist on contractual rate interest so the longer they take the more you make...then see how quickly they deploy staff to sort out the mess (which they created) once they realise their £2000 "extraordinary profit" in bank charges is costing them £5K + (and this is the thing that will focus their attention) £4.20 a day in interest ....

My thoughts exactly,they are passed the 40 day deadline now but I'm not bothered.Although I really could do with the money now I'm quite happy to sit it out and then claim compounded contractual :D

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I'm not clear why you think the delay will entitle you to claim contractual/compound interest.

 

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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CONSPIRISY THEORY

A friend of mine works in the information commissioners office and she reckons they are getting around 350 complaints a day about non compliance with the 40 day rule, so don’t hold your breath on a quick investigation of your complaint by ICO.

Who benefits by creating this mayhem ???

So every one is too busy to help you get to the bottom of your claim & what do the banks do ?.. offer you a reduced amount for a quick settlement in full and final...so who is really benefiting from the banks dragging their heels and not deploying more staff to deal with the situation...yep THEOSE PESKY BANKS .

Want to know how to benefit from the delay ??

Turn the situation to our advantage stand fast, wait and insist on contractual rate interest so the longer they take the more you make...then see how quickly they deploy staff to sort out the mess (which they created) once they realise their £2000 "extraordinary profit" in bank charges is costing them £5K + (and this is the thing that will focus their attention) £4.20 a day in interest ...."take as long as you like Captain Mannering" & "why dont you waste some more money on a HBOS advert HOWARD ?" why dont you try adapting the words to "We've got all the time in the world?"

do we get £4.20 a day interest??? how come.. ? is this after the 40day they havent returned our info?? x sounds good.. fill me in on the details please!! :)

Thanx for your help again,

 

Caroline x:p x

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do we get £4.20 a day interest??? how come.. ? is this after the 40day they havent returned our info?? x sounds good.. fill me in on the details please!! :)

 

I'd be interested in that too Caroline. Before you get too carried away lets just concentrate on the basics as I have no idea where any of these figures come from, and we are having enough trouble getting you started with anything, including getting your statements, and the best way to claim as you are in Scotland. To complicate matters further by trying to claim contractual interest, which is not normally claimable, is going to make the whole thing a nightmare and certainly beyond my capabilities to help you with.

 

Let's try and keep it simple, at least until we have more information which we can verify and/or justify in court.

 

Regarding your court action for non-compliance with a SAR, I haven't managed to find anything out, but suggest that you follow the procedure outlined in the Bank Templates Library and send the N1 to the Leeds court and using Clydesdales Group Collections address in Leeds.

 

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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The Conspiracy Theory does raise some interesting questions, although I would be careful at suggesting the ICO are acting in bad faith. They are doing what they think is the best way of resolving the problems with an extremely tight budget.

 

Remember they have done a great deal of work to counter the arguments over microfiche.

 

As far as contractual interest is concerned, I am of the opinion that a judge would not accept this. Don't forget that the whole basis of our claims is the WE have breached the contract.

 

A county court judge would be looking to come to a BALANCED judgement, taking into account all the circumstances. I feel that contractual interest would just tilt the balance too much in favour of the claimant.

 

However, I am more of the opinion that within the final claim, an action could be included for Damages under the Data Protection Act. This would be for non-compliance within the 40-day timescale, and could be for any sums that effectively drop out (due to 6-year limitation) because of the delay, and any other definable losses that the delay has caused - maybe extra overdraft interest paid etc.

 

Of course...non of that is tried and tested.

Alan, Derby, UK.

 

 

 

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suggest that you follow the procedure outlined in the Bank Templates Library and send the N1 to the Leeds court and using Clydesdales Group Collections address in Leeds.

 

Caro, Can the claimant use a Scottish address for these purposes? I was under the impression that to use the English system we had to have an address based in England or is this just for the MCOL?

 

Also, by sending to Leeds court, would this mean we would have to prepare ourselves for a trip down to Leeds should Clydesdale wait right until the last minute?

 

Been trying to find time to get to the court (in Edinburgh) during office hours to see what they can tell me about taking action through the Scottish system, I'm sure there must be a way though think I may need help with the forms... Hopefully the court has some friendly clerks which are willing to advise..

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Hiya Many thanks for that!!! and I'm sorry and know I will agitate people who have been using this site and know it back to back and appreciate those who have asked these questions before but for someone who is new............................correct me please if I'm wrong!!! My understanding is that I can only apply for charges endorsed on my account based on the last 6 years (once I receive my bank statements). If I am going to receive my statements ( middle of June so I have been told and now Ombudsman have told me same!!!!) that will imply I can claim charges made on my account since middle of June 2001!! I started this full escapade in Late Feb '07 but know,due to personal circumstances around April '01, I had a lot of charges on my account. I can only assume that I will not be able to claim these now.

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Can we stop the hijacks of this thread please. I will check you're own threads aidcam and Andy-t and answer your questions there later tonight.

 

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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Hiya Caro (and others), I apologise if I was hijaking this thread as I did reply to "Awaiting for statements to be sent from Clydesdale Bank) and thought my reply of my own experience was relevant, given that noone that I have read(In this thread) has stated about delays up until June!!!!!!!!!

However as stated, I am new to this, there are loads of threads there, I do appreciate people have vast experience of using this site and use it daily, therefore know most of the answers!!! I am just a wee learner, (learning most from this site may I add) and scared!!!! Despite that I do ( and will take heed from your experience) look forward to your reply!! Sorry for my arrogance:rolleyes: !

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Cheerz Caro, im just going to be patient now.. wait for these statements to come through the door.. im expecting them (fingers crossed) sometime in june... i have complained to the bank (LBA) The Information commisioners office, and the financial ombudsmen, spoke to my branch manager today.. said im going to have to take the matter further and take them to court (threat) im not going to do anything till i recieve the charges/statements, then il pester you guys again to see what action to take!! xxx speak to you soon, please get in touch if you find any more infoo that might be of good use to me! xx see ya xx :)

Thanx for your help again,

 

Caroline x:p x

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Apologies from here too Caro, hijacking certainly wasn't the intent - I just thought my post/input/questions were pretty on-topic to Caroline's situation.

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Actually guys I see your point. I was seeing this as Pitmans thread for her claim, but with the heading and gist of it I can quite see your points.

 

What do you think Pitman as it's your thread? Do you want this as your thread for your claim, or as a discussion thread on the problems getting statements?

 

Andy, sorry I didn't look at your thread last night.

 

Aidcam, you don't have your own thread yet so maybe you should start one so we can follow your progress when you make some!

 

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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Actually guys I see your point. I was seeing this as Pitmans thread for her claim, but with the heading and gist of it I can quite see your points.

 

What do you think Pitman as it's your thread? Do you want this as your thread for your claim, or as a discussion thread on the problems getting statements?

 

Andy, sorry I didn't look at your thread last night.

 

Aidcam, you don't have your own thread yet so maybe you should start one so we can follow your progress when you make some!

Hey guys i dont mind on anyone browsing or leaving comments.. were helping each other out with our views!! so keep them coming!! my name is caroline by the way he he x

Thanx for your help again,

 

Caroline x:p x

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hey guys!!! EVENTUALLY!!! i have recieved my statements/charges!!! whoopie!!! it totaled up to £1642.54, whats my nest step now?? send them another prelum letter x im in scotland!! help me!! xx he he he xx

 

Caroline

Thanx for your help again,

 

Caroline x:p x

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Excellent Caroline! Hopefully mine won't be far behind!!!!

Best of luck!! I'll be keeping a wee eye on your thread as I think I'm due round about the same amount!!

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Well wish me luck... im away to send them my 2nd prelum letter with the exact amount they owe me.. i hope its worth the wait!!?? i sent my first prelim letter on the 5/3/07!!! i have also complained to the FOS and the information commisioners office.. do isend them a copy of this next prelim letter etc?? xx

Thanx for your help again,

 

Caroline x:p x

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ok im alll confused... please read what i have allready done.... HELP!!

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 (not giving them an amount)!!!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 - 24/4/07 - so i did send a complaint (The Data Protection Act 1998 Complaint form) to the Information Commisioners Office, and the

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 had until Moday the 7/5/07 to reply – i never recieved all my statements until last Wednesday the 16/5/07!!

So what do i do now... do i not ask for the money again... now that ive got the correct figures?? And give them a list of charges to prove it??....

Please help!!!

Thanx for your help again,

 

Caroline x:p x

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The procedure you should follow is...

 

  1. Send S.A.R (40 days)
  2. Send Prelim Letter (14 days)
  3. Send L.B.A (14 days)

I would send them the Prelim letter again now that you actually know how much you are claiming back. Give them 14 days to reply and if no positive respone is received then send the L.B.A.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

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The procedure you should follow is...

 

  1. Send S.A.R (40 days)
  2. Send Prelim Letter (14 days)
  3. Send L.B.A (14 days)

I would send them the Prelim letter again now that you actually know how much you are claiming back. Give them 14 days to reply and if no positive respone is received then send the L.B.A.

 

Sarah.

Thanks sarah!! :) i will go and do that now xx cheerz x

Thanx for your help again,

 

Caroline x:p x

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ok guys!! i have sent my second prelum letter... (my local branch and head office) - giving them 14 days to reply.. which i know they wont, or put my charges back on to my account!! **** Excuse my language!!

 

so lets wait some more... YAWN!!! :)

Thanx for your help again,

 

Caroline x:p x

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