Vampiress v Natwest - 2nd claim

[bram stoker]

This may amount to nothing, but I'm going for the pre 6 year effort (approx from 14 years ago - I think!). I've adapted the DPA letter to this...

National Westminster Bank Plc

135 Bishopsgate

London

EC2M 3UR

 

Delivered by Royal Mail Recorded Delivery.

 

22 May 2006

 

Data Protection Act 1998

subject access request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: XXXXXXX

SORT CODE: XXXXXX

 

Please supply me with a complete list of transactions and charges relating to my bank account since commencement of my account. Alternatively, a complete set of bank statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I also require details of my overdraft limit throughout that period, including details of any alterations to my limit giving dates and amounts.

 

Please also supply me with a copy of the contract I signed agreeing to the terms and conditions of my account, along with a copy of those terms and conditions.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply ending 2 July 2006.

 

 

Yours faithfully,

 

Vampiress.[/Quote]

 

I figure I can't be clearer.

 

I have omitted certain aspects from the template for various reasons.

 

Any comments before it goes?

[sweetcyanide]

Oooh, good luck! You brave woman!

[Bovvered]

Go girl!!

[Spiceskull]

The race is on - who will get back to 1982/1990 first - me or Vamp?

[bram stoker]

The race is on - who will get back to 1982/1990 first - me or Vamp?

Ah but you're hoping for zero info. I NEED the info. So I'll fight harder.

[bram stoker]

The race is on - who will get back to 1982/1990 first - me or Vamp?

I did make a subject access request - the full letter states that they delete such information after six years. I now have this in writing, so I want to see how they can contest and disagree with my estimate...

 

Like you, they have made a fortune out of me, both legally and not so legally. But your analysis is right, I am now only likely to cost them money in the future.

 

With today's development, and with nothing at all to lose, I am going to push this claim to whatever court necessary to get either a full refund, or the bank's demonstration of their actual costs...

I can't lose...

You just lost. :D

[Spiceskull]

You just lost. :D

No, I won. I got zero info, just like I hoped, but better than that, I got written confirmation that there is no info to be had...anyway, power down the machine, I'll be there in about 15...:D:D

[bram stoker]

Power down? I haven't done any work yet!! I've been here all day. Bang goes my relaxing bank holiday Monday.

[mechs]

So are you saying that you need the statements to go back that far, or can you say well I paid so and so over 4 years and then I estimate you owe me ?????? for the other x number of years ....the reason I am asking is because I had an account with my mother with the halifax for about 15 years and have no statements

[Spiceskull]

So are you saying that you need the statements to go back that far, or can you say well I paid so and so over 4 years and then I estimate you owe me ?????? for the other x number of years ....the reason I am asking is because I had an account with my mother with the halifax for about 15 years and have no statements

No, you don't need them, and that is why the response I had from HSBC was perfect. My claim will be estimated, based on lines not dissimilar to those you suggest...

[bram stoker]

I need them as I had at least 20 times more charges in that period than my last 6 years.

[mechs]

No, you don't need them, and that is why the response I had from HSBC was perfect. My claim will be estimated, based on lines not dissimilar to those you suggest...

 

Are hsbc more helpful than halifax tho? I cant see the halifax taking that lying down

[mechs]

I need them as I had at least 20 times more charges in that period than my last 6 years.

 

I am probably in the same boat as you then Vamp, I also had my mortgage witrh the halifax years ago but have no statements for that either.........best of luck

[Spiceskull]

It IS better to have the statements, but for my own claim the bank not having them was exactly what I wanted. As Vamp says, for her claim to have any meaning she simply MUST have those statements...

[mechs]

oic I am still awaiting some of my statements from that account.......they have really messed up with it .............the time for them to supply a proper account of charges runs out 6th june so will have to wait untill the but will probably have to take out a court summons to get them to produce them

[bram stoker]

Ok, a bit of a catch up to do here.

 

The 40 days was up on 3 July and all I've received is 6 years of bank statements in more torn brown envelopes. Not even a comp slip.

 

I have charges beyond the 6 years to claim, but I probably won't be able to get the information.

 

On a separate issue:

 

20 June I received a letter from Alan my manager asking me to phone the branch regarding my overdraft facility - signed by himself.

 

22 June I received a letter from Natwest Anglesey stating I've a paid referral fee of £30 and outlining what this was for.

 

26 June I called the number stated and was transferred to the Bristol lending centre. I was informed I'd written a cheque 3 days too early. It cleared 3 days before my salary went in. I was also told there's be a £28 overdraft fee. I'd made a mistake. (The cheque was ironically for Fattie's court costs.) I pointed out how unfair that was for one mistake, and how much money you would have to invest to earn £58 in 3 days. Lots. The guy offered to refund the £30 but not the £28. I wouldn't back down. I wanted the lot. I spoke to his supervisor who wouldn't budge either. I was then given the number of my branch so I tried to call Alan. He was out, so I left a message for him to call me.

 

27 June Alan called me. I told him how relieved I was to be talking to him, that I'd been sent round every call centre in Natwest etc. I told him the situ, apologised for my mistake and asked very very nicely if he would please refund my charges. I received a dressing down on how to be careful managing my money (I've only had £45 in charges in the past remember!), so I apologised again. He then agreed to refund the charges, but it would be a one-off occassion (he'd refunded my £45 remember!). He then suggested upping my overdraft from £100 to £200, but I would have to treat the account as if it was still only a £100 overdraft limit. That way I'd be safe from further charges. He said some people say no as they'd be inclined to subject themselves to further debt, so it was my choice. I thought that was quite a responsible attitude, so said thankyou Alan and took him up on his offer. I was told confirmation would be sent to me by post. I said my many thanks and apologies again.

 

29 June I receive a letter quoting an application reference number, confirming my upped OD limit to £200. Signed by Alan himself addressed direct from my branch.

 

End of story? NO.

 

3 July I receive a standard letter from my branch stating "We are pleased to advise that on 21 July 2006 a new overdraft limit of £600 will be applied to your above account". How on earth did this letter ever leave my branch after the dressing down I got from Alan!!!!

 

I haven't responded yet. I'm still trying to work out how to worm info from Alan by being really really nice.

 

In the past my OD limits has gone to £6,500. I have had to take out 3 consolidated loans with Natwest since 2001 and now owe them £14,000.

 

My DPA requested details of how my OD limit had increased over the years. I never received any notes. I might ask Alan if he'd be so kind as to chase them for me as I need to see how I managed to get myself into the debt situation I'm now in.

 

If, and it's still a big if, I can do it, I want to take the route of irresponsible lending. Although, I'm not too sure how to prove this yet. Alan may be in for a big shock when I stop being nice and decide it's time to fight.

 

More thinking to do. Any comments are welcome.

[Guest NATTIE]

Vampiress, you can get copy statements going back more than 6 years, it may take two weeks or so but they can be got from NW

[Seminole]

Vampiress, you can get copy statements going back more than 6 years, it may take two weeks or so but they can be got from NW

 

How far back would they go?

[bram stoker]

Vampiress, you can get copy statements going back more than 6 years, it may take two weeks or so but they can be got from NW

If someone is willing to be expert witness for me that they have received statements back further, I'd like to quote a date a "friend" has received statements to if possible.

[Seminole]

If someone is willing to be expert witness for me that they have received statements back further, I'd like to quote a date a "friend" has received statements to if possible.

 

Well, Nat West have confirmed in writing what charges were applied to my account seven years ago if that helps.

[Ollie-Bollie]

Vampiress, you can get copy statements going back more than 6 years, it may take two weeks or so but they can be got from NW

 

 

So does that mean if you have currently got a request for refund of charges going back 6 years it is feasable you could go back further in a separate claim?

 

If so, would it be best to wait for the pay off (of first claim) before starting another or run both concurrently - although they would be at different stages (in my case)??

[bram stoker]

So does that mean if you have currently got a request for refund of charges going back 6 years it is feasable you could go back further in a separate claim?

 

If so, would it be best to wait for the pay off (of first claim) before starting another or run both concurrently - although they would be at different stages (in my case)??

Do not run con-current claims as they could be merged into one by the court at the request of the banks, taking you over the £5,000 small claims court limit.

[Ollie-Bollie]

Do not run con-current claims as they could be merged into one by the court at the request of the banks, taking you over the £5,000 small claims court limit.

 

Thanks, Vamps

[bram stoker]

Ok, two letters to be posted tomorrow. These are first drafts, but will go at lunchtime, so any comments, please make them now.

 

This one is going to Bishopsgate...

 

Data Protection Act 1998

subject access request

Dear Sir/Madam

ACCOUNT NUMBER: XXXXXXXX

SORT CODE: XXXXXX

 

Further to my letter of 22 May 2006, I note that you have not fully complied with my request, and your obligations under the Data Protection Act 1998.

 

I received in the post my statements from 27 March 2000 to 5 Jun 2006. There was no covering letter or complimentary slip to state that this was in response to my request in my letter of 22 May 2006, so I can only assume it is.

 

I still require a complete list of all transactions from the commencement of my account up to 27 March 2000, and detailed notes that I requested in the aforementioned letter, of which I enclose a copy. I am now also requesting a complete list of transactions in respect of any loans that have been advanced to me.

 

Further to this, I am now requesting FULL details of ALL notes that you hold in respect to my account, and in respect to any loans, including contracts.

 

If any automated decisions have been made in the period of commencement of my account to date, that have affected my account or banking with yourselves in any manner at all, I request a FULL explanation as to how these automated decisions have been made.

 

I enclose a further statutory maximum fee of £10 to cover any costs incurred for you to provide the further information I am now requesting. You have 40 days in which to comply. If you do not comply fully with my Subject Access Request within 40 days this time, I shall apply immediately to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

Vampiress. [/Quote]

[bram stoker]

And the second is going to my branch manager (not actually called Alan by the way):

Dear Alan,

SORT CODE: XXXXXX

ACCOUNT NUMBER: XXXXXXXX

 

Further to our telephone conversation and subsequent letter to me from yourself dated 29 June 2006, I’d like to thank you for removing the charges that were applied to my account and for increasing my overdraft to £200 as agreed.

 

I understand that I must maintain my account as if it has an overdraft facility of only £100, and that the extra overdraft facility is in place purely to avoid any further fees should I accidentally exceed this limit again, as per our telephone conversation. I understand that I have an obligation to manage my finances in an appropriate manner.

 

However, further to our conversation and my reluctance to agree to a higher overdraft facility, I have received a second letter from your branch dated 3 July 2006, only 4 days later. This letter states that my overdraft will increase again to £600 on 21 July 2006 unless I disagree. I also understand that as my fiduciary, you also have an obligation to manage my finances in an appropriate manner. I believe this letter shows a failure to do so.

 

I would have thought from our conversation that it was clear enough that I do disagree to a further increase, and fail to see how this letter was instigated and sent to me. I enclose the disagreement slip, signed as requested, but require further action in this matter.

 

I respectfully request that you write to me outlining the decisions involved in sending me the letter dated 3 July 2006, and an explanation of why your branch felt it necessary to further increase my overdraft in such a short space of time. If your explanation is not complete and satisfactory, I will feel it necessary to raise an official complaint in respect of this matter.

 

Yours faithfully,

Vampiress. [/Quote]