Yorkshire bank and the Limitation Act - claiming beyond 6 yrs

[hoogie32]

as above.

 

Surely someone has worded it already and sent one, i just want to be sure on the legality of the wording.

[sajabu2003]

After reading through this thread again I'm assuming that just sending another S.A.R requesting the older statements would be the route to follow. If you look at posts #19 & #20 maybe this might help. Forgive me if it doesn't make sense but it does to me Saying that I've only had 1 coffee so far :grin:

 

Sarah.

[hoogie32]

thanks sajabu

 

[caro]

The process is exactly the same, except that in your particulars of claim you need to refer to Section 32 of the Limitations Act. SAR's should cover the entire history of an account, and the bank should only limit it to 6 years info if that is all you ask for.

 

Sounds simple I know, but as seasoned YB claimants I'm sure you know they probably won't roll over that easily. You also know they'll pay in the end though.

[Leebcoward]

Going for the pre 6 year claim. Sending my 1st letter soon. Here is a rough draft. Any comments? Any Advice? Anything I should add? All comments welcome!!

 

RE: Bank Charges to accounts xxxxxxx and xxxxxxxx

Dear Madame

I would like to request a list of transactions for the above accounts from the dates they were opened until 31st December 2000. I am requesting this information under the Data Protection Act 1998 which you are obliged to adhere to under the Banking Code. At this point I remind you that contrary to popular belief you are required to provide beyond 6 years of data if requested as section 7 of the DPA makes no mention of a time limit. As you will be aware you must supply this information within 40 days of receipt of this letter and I enclose £10 to cover the cost of this request.

I intend to use this information to claim further bank charges pre 2001 where I feel I was unfairly penalised by Yorkshire Bank. If necessary I will use the small claims court system as per the current claim as I believe the protection you enjoy from the Limitation Act should be challenged after the recent disclosures on the BBC which clearly showed Yorkshire Bank have a highly structured system to audit “delinquent” accounts and should be asked to show your true costs incurred.

Having had previous correspondence with Yorkshire Bank during a claim of bank charges I will take this opportunity to try to speed up the process ahead and remind you that none compliance with this request will result in a formal complaint to the Information Commissioner and to the Code Compliance Officer at Clydesdale Bank in Glasgow.

Yours faithfully

[Gogivit]

Hello Leebcoward,

 

From my experience be aware of the following:

 

During February period I received 6 years of statements from Yorkshire Bank for the period 2001 to 2006. The statements were received with just 1 day before the 40 day deadline!

 

On March 30th I sent another request for statements for period; from date of bank opening until December end 2000. The bank took payment, several weeks later advised me due to heavy work load there was a delay. However 81 days later on 21st June I received pack 1 of 2 containing...

 

part statements for the period 2001 to 2007! then yesterday pack 2 containing about 6 sheets for 2007!

 

SO THEN, THEY HAVE TAKEN £10.00 FROM ME AND SUPPLIED INCORRECT INFORMATION!

 

Now the interesting bit....................

 

Upon opening the packs-The statements are printed double sided. One side contains April transactions, the other side June advice on charges / transactions. In effect they have produced them in a way that will be extremely difficult to decifer!

 

In addition to the above, the covering letter that comes with each pack contains no date and no name from the person who sent it (my original packs from February period did) and simply says:

 

"In any future correspondance regarding the contents of this pack please quote reference number XXXXXX(I am not disclosing actual number just to be on safe side)

 

However in Summary,

 

From date of cheque being cashed for statements covering 1993 to 2000 period I am in turn given 2001-2006 period. The statements were received 81 days after cheque being cashed.

 

They certainly know how to drag things out!

 

I now have to repeat the process all again however having wanted to include pre 6 years claims with current 6 years I will now have to proceed through the courts with 2 cases and not one as I was hoping. However it can not be denied I have tried.

 

So my reason to write to you is simply to say that on your cover letter you want to send, please mention that you are aware that other people being processed pre 6 years are receiving current 6 years statements and that you will not tolerate any oversights!

 

Simply hi-light your dates wanted.ie

 

I requested statements from date of the opening of my bank account until and including December 2000

Hope I have helped.

 

Lee

[Gogivit]

Oh I forgot to mention that as no date was mentioned on the covering note I am keeping the envelopes that the statements were sent in as maybe the bar codes printed on the envelopes by Royal Mail may be proof of delivery date and in addition I have left the paperwork in the order recieved so that I can demonstrate to a judge that they have printed them in a a strange way that had I wanted them I would not have been able to match them up without at least spending 60-80 hours on them (fortunately my original set was recieved in a correct manner)

 

AND FINALLY WISH ME LUCK AS IM NOW GOING FOR CONTRACTUAL INTEREST AND I FILE MY FIRST COMPLAINT IN NEXT 2 WEEKS

[Leebcoward]

Thanks for that, seems that YB are playing real hardball these days. I'm in court on Thursday at Leeds claiming the last 6 years (6 month process) so I know they like to drag it out. Maybe I should warn them in advance that any delaying tactics will force me to impose a Wasted Costs Order on them as I believe they are deliberatley stalling and using the court process to delay a case they have no intention of defending.

[Leebcoward]

What about this 1.... ? A little stronger perhaps.

 

 

 

Data Protection Act 1998 - Subject Access Request to Accounts xxxxxxxxx & xxxxxxx

 

 

Dear Sirs,

 

Please supply me with all of the personal data that you hold to which I am entitled under the Data Protection Act 1998. In particular, I require a complete list of transactions and charges relating to my history with your organisation up until 31st December 2000. Alternatively, a complete set of statements 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 manual 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.

 

I enclose the statutory maximum fee of £10 and remind you that you have 40 days in which to comply. I would be happy to collect the Data from my local branch in Headingley should you require.

 

Please note my request is for transactions from the date of accounts opening until 31st December 2000. I am aware of several instances where the incorrect information has been provided, this would be an oversight I would not tolerate.

 

In closing I would like to inform you that none compliance with this request will result in a formal complaint to the Information Commissioner and to the Code Compliance Officer as a breach of the banking code.

 

Yours faithfully,

[Gogivit]

Looks good to me but as per Caro comment include this:refer to Section 32 of the Limitations Act. S.A.R - (Subject Access Request)'s s.

[chrisking1962]

i too am having to go through the section 32 of the limitations act, as I havent received ANY statements at all even though they have cashed the cheque and replied with a Not paying you anything letter!

I have averaged my charges over the statements I hold and have then totalled them up over the statement I should have received, and add a bit of interest and voiala a few grand to try to claim, so wish me luck.

regards

Chris

[GG1971]

Hi, I am just the start of my process against the Clydesdale bank, have requested my copy statements and received back information to cover Feb 03 to May 06 when my account was closed. I am just about to send a letter requesting the other 3 years worth of info which is covered on a different account. Can I claim more that 6 years from Clydesdale bank? At the moment with the 3 years I have I am looking at approx £1400 + intrest but have banked with Clydesdale since around 1995/6 and received charges periodicly throughout to claim another 7 years would be good, can someone clarify for me please?

[caro]

Did you just ask for the statements for those dates? If you use the standard SAR from this site it doesn't give any time limits and Clydesdale SHOULD provide everything. Personally I think it's best not to put account numbers or they might limit the info to the account numbers stated, when they should provide all info on all accounts.

[GG1971]

The short answer is I don't know, I had a company dealing with this to begin with and they sent the SAR, I now can't get a hold of them, think I will just go for the 6 years, don't want to push my luck.

[caro]

I really think that you should start again and send a new SAR. You could still start your claim with the information that you have, and then amend it when you have all of it. Why let the bank keep your money?

[Gogivit]

Firstly,

 

It was a privalage to meet Caro in person though my time was limited.

 

As an update:

 

The bank last week made me very angry, so much so my blood boiled... However, having hi-lighted their errors regarding my request for bank statements pre 6 years and giving them 7 days to rectify their error or face the court I am glad to say that today I have now recieved my pre 6 years bank statements although starting from March 1995! It is worth noting that March 1995 until November 1995 shows transactions but certain parts of the copies "HAVE BEEN CUT OUT"! Not sure what was removed?

It is worth noting that my MP has taken an interest in my case and maybe because of my cover note I included my MP maybe they thought it best to deliver the goods! Also in addition to my cover note wordings, a date on the envelope is now evident!

[LS28.5]

Hi All

 

Started my pre 6year claim on 18th May & have had to chase 3 times until today when the last 6 years statements arrived, backed up incorrectly & even though I said pre 2001.

 

Spoken to local branch & told it is standard as even tho' I requested pre 6 years they won't send them as they are no use to me as I can't claim.

 

They have agreed to send them but maintain I can't claim even tho' I quoted the recent whistleblower & also said various websites offered advice.

 

She said they would send them but they would be no use!!

 

I have already settled last 6 years although I accepted without interest, about £500 so I will start to claim that aswell.

 

Also I will complain to the relevant people about the 40 day period as I'm now at 55!!

 

Will keep you posted.

[Gogivit]

Just to let you know I was in same boat but have now received my pre 6 year statements. They were over a month late (having been sent incorrect years instead) but after a sarcastic letter they responded very quickly to supply the pre 6 year copies requested and in addition... Today I received copies of my original signed forms when opening my account and in addition a covering note apologising for the delay (strange as they never responded to most of my letters!)

 

My account is called a "Standard Personal Current Account"

 

Nothing about terms and conditions though!

[LS28.5]

Spoken with them today & they have promised 7-10 working days delivery.

 

We'll see!!

[matyea]

Did you get your copies from your bank or YB Head Office?

[LS28.5]

I badgered & badgered, then they called to say they were at my branch & did I want to collect as there was quite a bit to post.

 

See my thread as I have now sent my letter etc claiming over £4k.

 

Cheers

[matyea]

Thanks for your reply. I am after a bit more advice. I have submitted my claim to YB for the last 6 years. With things being as they are at the moment I do not expect to hear anything for a while. However I do not want to lose any time with the pre 6 year claim. Can you have 2 claims going on at the same time? Also which is the best letter to send?

[chrisking1962]

I havent received anything yet, and when you phone the dedicated hotline, it is just a recirded message repeating what they have wrote in the letter.

Have to hope and see!

Will ring them monday to chase up, as I have to ring Halifax C/Court on Nationwide defence to see if they have filed?

keep you informed as always

Regards

chris;)

[chrisking1962]

Hi all,

Got a letter from YB today quoting the OFT test case and that they won't look into my complaint about the charges but will store it etc untilafter the ruling whenever that is. Guess what YB my SAR is over 100days old now and it is'nt a new case it is ongoing so I want my SAR seen as though you have kindly banked my £10 on or around the 9th May, so I think you owe me my SAR.

Oh do you think I should add compound interest onto the £10;) as it could be deemed as a personal loan for a product (SAR) which the seller (Yorkshire Bank) as not supplied me with the goods (Statements) as they promised?

They have also advised me not to put a Court claim in as they will request a stay, (as Nationwide have already informed me on my claim currently being processed at Halifax C/C.)

I will however draft a letter and post it for advice before I send it.

\keep you informed

regards

chris

[LS28.5]

As far as I am aware the S.A.R - (Subject Access Request) still stands as the data Protection Act is nothing to do with the charges claims.

 

They still have to, by law, get back to you within the 40 day period.

 

You need to complain to whoever it is you complain to! It is mentioned, with a web link, earlier in this thread.

 

They are just making excuses so keep on at them.

 

I read this info on Martin Lewis' (Money saving expert) website, as he has a what to do next section after the court ruling from the 27/07.

 

Cheers

 

Jon