Skylario v Natwest

[skylario]

Right! Not a very happy bunny.

 

Day 48 of my SAR and I'm still waiting for a year and a half worth of statements. That cheesed off now that I think I'm going to phone them and tell them that I don't just want the 6 years worth but I want all the statements they have for me (it's only another 2 years or so). They shouldn't have kept me waiting.

 

I am right in thinking I can claim further than six years aren't I?

 

Thanks in advance!

[skylario]

Ooohhh!! I'm shaking now!

 

Just phoned Natwest and they've got me sooo angry. Just chased my statements AGAIN and they're re-ordering them for me so whilst I was on the phone I said that if I had to wait all over again, I might as well go further back and have those statements ordered too and she said they don't go back further than 6 years. Now I know thats rubbish and I basically told her that and she got all flustered but stuck to what she was saying. How do I argue it though..?

 

[skylario]

I've just wrote a letter out to Joyce Tudor stating that I'm not very happy:

 

Joyce Tudor

2nd Floor

The Cornerstone

60 South Gyle Crescent

South Gyle Park

Edinburgh

EH12 9WF

 

Dear Joyce Tudor

RE: Account Number xxxxxxxx, Sort Code xxxxxx

I am writing, regretfully, to complain about the service I have been given regarding my Subject Access Request for my copy statements held by the bank.

 

I forwarded my S.A.R. to yourselves back in March (29th March) and received 4 and a half years of statements only last week, just within the 40 days but I am still waiting for the other year and a half. I understand that these have to be ordered separately and they might take a little longer, but they still should have been received by the 40 days requested.

I have again phoned your Customer Relations Unit and informed them that I still waiting and a lady called Dawn said that she would re-order them for me. I requested that as I am having to wait again, could I have all of the information held sent to me. I believe the account was opened in 1999 so it is only another 2 years worth of statements. She then told me that you do not hold information further than 6 years but I know of this to be incorrect. I understand that you hold information as far as 1991?

 

I have been informed elsewhere that branches have something called the NatWest Archive a notes system from the old NatWest Bank plc days. It was effectively frozen in time on October 2nd 2002. The old system recorded a note automatically when a DD/cheque/SO was returned or whether it was paid even if it took it over the limit. It contains Marketing notes, complaints and a lot more else besides. These notes would go back to 1991. -Sorry Nattie - Copied that from something you wrote but didn't know how else to argue it..

 

I am now considering complaining to the information commissioner about this issue and the fact that the 40 day deadline has been breached.

 

I would now like to ask of you to please forward all detail of bank charges or statements from the date the account was opened to October 2002.

 

Thank you for your time and help with this matter.

 

Dont laugh at my letter - I'm not the best letter writer but I think it says everything I want it to. I don't know how I'll get on getting the older statements because I only initially asked for 6 years.

[hedgey06]

Go for it skylario........... it's about time they stopped mucking you about and just sent you the info you've requested. Letter looks great to me (although I'm not an expert so don't hold me to it!!). Keep yapping at their heels and hopefully they'll get the info out asap. Good luck, hedgey xxx

[skylario]

Day 56. (Sounds like Big Brother!) STILL not received all my statements despite phoning every week and sending letters.

 

Just found the direct line for Joyce Tudor and gave her a ring. A nice man called Andrew Arthur answered and looked into it for me. He says they were never ordered! This patience thing is alright but when they're not even doing anything their end..!

 

He's re-ordered them again for me and they should not take any longer than 10 working days. That'll bring my wait to 70 days!! Not best chuffed so definately going to complain about it. They've took no notice of the time limit they had.

 

He also said I would only get from 1st March 2001. So I said "err No.." But he stuck to it and said it all depends on each person and each file.. Not everybodies information goes past 6 years. I know this is rubbish and he's said he has requested information from 1999 onwards and it's pot luck basically as to whether I get it. I know this must be untrue but how do you go about arguing it..

 

I just want to get started on my claim and I feel like stopping before I've got going!

 

Anyway. Got the rant out of my system!

[skylario]

Yesterday I received more statements. Still not all of them but I am going to send them the non complience letter and chase those up later.

 

Natwest manage to bodge up again though. They've managed to throw in someone elses' statements, in the middle of mine! Another lady from the the same bank. I'm not too impressed with this and I know this is seriously wrong and the fact that they keep doing this is awful.

 

Has anybody any advice as to where I go with this because I don't want to leave it there. Who do i complain to (apart from Natwest? Because I am soooo going to do that!).

 

Thanks

[steven4064]

They've managed to throw in someone elses' statements, in the middle of mine! Another lady from the the same bank. I'm not too impressed with this and I know this is seriously wrong and the fact that they keep doing this is awful.

 

They have committed an offence under s4(4) and schedule 1 part 1(a) of the DPA

 

Steven

 

If this post is helpful, please click the scales

[skylario]

Well been busy over the last couple of days. Posted a few letters to the lovely NatWest today. One Prelim and schedule for the charges I know of and have statements for, and a letter to Joyce Tudor (LBA) asking for ALL the statements I requested in March, as I still haven't received them. Also a seperate letter letting them know that I have somone elses statements and I find it disgusting and what do they suggest I do with them?

 

See where we go from here. With the extra statements I received this weekend, my claim has gone up to £800. Not much compared to some of the claims on here but it's definately going to help me.

 

[Parkvale]

As i have heard many times before . Size does not matter. Small is beautiful. Its your money taken unlawfully from your account and you have a legal right to claim it back.

[skylario]

As i have heard many times before . Size does not matter. Small is beautiful. Its your money taken unlawfully from your account and you have a legal right to claim it back.

 

 

So true..

[fendyweather]

Loving the uvvely iccle puddy tat.............................. see, thats small too and perfectly formed, Lol xxxxx

[skylario]

Hello all.

 

Just wanted to update.

 

I've recently sent my Prelim and had no responce. Then I sent my LBA which runs out on Weds. I want to phone them though because when I sent my Prelim, I also sent a seperate letter informing them that I had someone elses' statements (over 3 weeks ago). They've never replied to it so I'm going to complain about that and chase my claim.

 

If I get no joy about my claim what is the next stage? Court + 8% interest? Just want to make sure I know what I'm talking about before I phone them...

 

Thanks

[skylario]

Well. Just phoned Natwest and they were no hope what so ever. Lots of awkward silences... They say that they are taking 8 weeks for a claim to go through and I said sorry no it's 2 week per letter and the deadline its this wednesday. She said no. I said I'll be filing for court on Thursday.

 

If they pulled their finger out a little bit more they would save loads of money. It looks as though I'll be claiming the 8% interest too soon. I'd have been happy with the charges because I've seen a bargain holiday but I dont want to book it if I wont have the money... GRRR

 

I am going to stick to my deadlines though. I know and understand that they are busy but I want my dosh!

 

The wait continues...

[Tempty]

yup, the next stage is to file your claim at court! at this point you can add the 8% interest

[Tempty]

absolutly, work to your time scale not theirs! it's not your fault if they don't have enough staff to do with the problems they've created in the first place by taking all our money unlawfully

[skylario]

Thank you for clarifying that. At least it's a bit more extra money!

[skylario]

Had a letter from Stuart Higley today saying the claim will take 6-7 weeks. I know we always say stick to your own deadlines but would this look like I'm being pushy if I got to the court stage, with Natwest saying they haven't got the time and letting us know..? Or would it look like a delaying tactic on their part?

 

I can start the court stuff on Thursday and I think I'm getting itchy feet.

[steven4064]

6-7 weeks is how long it takes to go throug their complaints procdure. You are not making a complaint - youwant your money back. It's not your problem that NatWest are too mean to employ enough staff to keep up with demand.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

[skylario]

Ok. Thank you. I didn't want to look bad by being too pushy but I know you're right.

 

Thanks again

[skylario]

Could someone help me please..?

 

Just looking at the Court stuff and could anyone advise which option might be the best for me. I was going to do the MCOL but then I read that they are routinely being challenged by the banks. My claim with 8% interest is now just over £1000. Shall I go ahead with the MCOL or go for the N1...?

 

Thanks

[Parkvale]

Go down the N1 local court route. As soon as Nat West submit a defence your claim will be moved to your local court anyway. It is easier to submit your charge spreadsheet with your N1. On MCOL you have to send it under seperate cover. Good luck.

[steven4064]

I was going to do the MCOL but then I read that they are routinely being challenged by the banks. My claim with 8% interest is now just over £1000. Shall I go ahead with the MCOL or go for the N1...?

I don't think it makes much difference. The banks aren't challenging MCOL, it's just that there isn't much room on the form and nowhere to attach your schedule. That means that Cobbetts at least use the opportunity to try and pour scorn on your claim.

 

Also, once the banks enters a defence, the case gets moved to your local court anyway. That bit of the process can add a couple of weeks to the whole process.

 

I have done several claims and always used the N1 route - but then i only live 5 minutes walk from the court.

 

You pays you rmoney and takes your choice (they cost the same!)

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

[skylario]

Ok. Thank you both for your help. I'll go for the N1. It's a little nerve racking!! I know I'll be the one to end up doing it wrong!

[Parkvale]

Please do not be worried to ask any questions however silly they seem. The Consumer Action Group has over 150,000 people as registered users and has helped over 8,500 people to reclaim over £13,500,000. So we can help you.

There you go.

[skylario]

Thank you...

 

well here's another question then:

 

How much will my court costs be? My charges are £832 and interest is £204. So, do I add them both together or just use the charges amount to work it out?

 

ie, will it fall into the

 

£500.01 - £1,000

£80

or

£1,000.01 - £5,000

£120

 

 

Thanks again!