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    • I cannot see many people agreeing to any virtual webcam review of goods to be controlled.     Many people in debt may not even have the facilities to be able to do this.   And the few that agree may try to have a laugh at the enforcement companies expense.  e.g. this painting is by well known local artist Peter Ist, but he signs his paintings as  P Ist and this other painting is by Brian Roke who signs his paintings as B Roke.     Who would agree to this without understanding the consequences ?      
    • Well poss unenforceable cca both lets see
    • Although I will be submitting another request as DVLA haven't stated when they responded to VCS with the information.  18th was a Friday,  VCS say they posted the letter on Mon 21th.  Seeing how this SAR has taken this long, I doubt the DVLA went all out to clear the request over the weekend, but we'll see.
    • Thanks for the heads up, Peterbard  this will potentially open a big can of worms similar to the assumption all goods seized bailiffs used to try to rely on the comments in the Law Gazetter  are quite revealing, as in thety cosdider the judgment very iffy, the comment about the bailiff asking the debtor to move the webcam so they can get the image of the TV and Playstation illustrating the potential silliness, notwithstanding the way some EA's will rely on that Virtual CGA to allow them to force entry as if they had physically entered premises for a Convential physical compliant entry,  That is a dangerous judgment.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Getting bank charge amount from Clydesdale


Please note that this topic has not had any new posts for the last 682 days.

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I sent this letter to my Clydesdale bank manager:

 

Dear *******,

As an official request under the Data Protection Act, could you please send me details of all bank charges made against my account over the past 6 years?

 

Account: *******

Sincerely,

They replied saying that 6 years of statements would cost me 360.

 

I've replied with this more formal letter:

Dear *******,

MY ACCOUNT: ******

I sent a letter to you on the 26th February, requesting details of bank charges made against my account in the past 6 years, under the Data Protection Act 1998. I received a reply asking for 360 for this information.

 

The Information Commissioner states that any information listed in a bank statement is personal information protected by the Data Protection Act. The Information Commissioner also states that a maximum charge of £10 can be made for a request of these details. I am now within my rights to report you to the Information Commissioner for a breach of the Data Protection Act.

 

I am enclosing a cheque for £10 and also making one final request for a complete list of transactions and charges relating to my bank account in the past 6 years. Alternatively a complete set of bank statements for that period will be acceptable.

Sincerely,

 

Does this letter sound ok?

 

Also, has anyone had any success with the Clydesdale Bank yet?

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Very good.

Quite frankly I think that we should start reminding them that they have a fiduciary duty towards you and that a demand for £360 while failing to reveal your rights under the DPA amounts to a breach of this fiduciary duty.

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Ok I have an update...

 

I received this letter, in reply to my last letter sent (listed above)

 

Dear xxxxxx,

 

Thank you for you recent letter which has been forwarded to this area by xxxx as we are responsible for Data Subject Access requests.

 

Under the Data Protection Act you have a right to see what our organisation holds about you, this is known as Data Subject Access Reques, which entitles you to be told if any personal data are held about you. This information should include what sort of data we hold, the purposes for which the data are processed and the type.

 

Application for copy statements does not fall within this policy, and must be ordered through your branch seperately. I have therefore returned your cheque for £10.

 

Sincerely

 

xxxxxx

 

 

The letter also came with a phone number, so I called it up. When I spoke to the same girl who sent the letter I explained that I thought she misunderstood me. I wanted a list of the charges, but would accept a copy of the statements as substitute. She then told me that the bank doesn't hold any info about the charges. She could maybe bring up the last few on her screen, but that's all. She said the only way to get that info would be requesting statements, which aren't covered under the Data Protection Act.

 

Is this true? If I want to get the bank charges info then I need to pay £360 for the statements, because the bank doesn't hold that information seperately?

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Yes this is true. Use the DPA letter in the Library to request of list of charges and details of any manual intervention in the account

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Write to them and tell them that you did not ask for copy statements.

 

Tell them that unless you receive the data requested in your last letter you will be making a formal complaint to the IC

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Dave, she told me the information is only held in statements.

 

She also said I can't request statements through the DPA, so I'd have to pay 12 x 6 x £ 5 = £360 for a copy of them.

 

How shall I proceed with this?

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Put in a complaint to the IC

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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I decided to give her one last try on the phone.

 

She basically said the data held in statements is only held in the statements, not in any sort of database.

 

She said the only way to access the bank charges info would be to request statements.

 

She then told me to contact the Information Commissioner if I was unhappy with that. So I'll be doing that later.

 

Thanks for the help guys!

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Little bank - little minds

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Telephone Nigel Green Direct

Telephone number used to be 0141 952 2732, dont know if this number is still current

He is/was NAGE (National Australia Group Europe) senior compliance manager

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  • 1 month later...

Has anyone had any joy with contacting this Nigel Green guy?

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please note that this topic has not had any new posts for the last 682 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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