40 Days

[Fearless T]

Has anyone had a letter from the people in Leeds saying that will not be able to supply your statements on time? I got a letter saying just that a couple of weeks ago. It is now well over the 40 days and so I phoned them this morning to find out more. Of coarse, this being the Clydesdale I'm not allowed to speak to anyone in Leeds direct. Rather they said they enquire on my behalf. They call back soon afterwards and explain they are simply so busy and that they cannot tell me when I can realistically expect my statements. I feel like Ive fallen at the first hurdle! Anyone else having this problem? Is there anything I can do? Wont this mean I'll lose out if I can only claim the last 5 years (as I'm in Scotand) if there were any charges on my account 5 years and a month ago? Or can I claim 5 years from when I sent my letter?

 

Your time and assistance, as always, is much appreciated.

 

FT

[zootscoot]

Hi Fearless,

 

This is a common problem with all YB and Clydesdale claimers. There shouldn't be a problem getting the earlier charges back. Just be persistent. Your not falling at all.

 

You can report them to the ICO and there is a template in the bank templates library for non compliance with the SAR.

 

Keep the heat on

 

Zoot

[Isiris]

Someone I know had one of these. I told him to send the following

 

Thank you for your letter dated **/**/**

 

I am glad you have acknowledge that you are over the time limit allowed under the DPA.

 

I also thank you for advising me of my right to complain to the ICO.

 

However, you have not informed me of my right to apply to a court for an order for compliance and also damages. I put my damges to ***.**

 

Please take this as a Letter Before Action that if the request is not actioned and the reuired information received by me within 7 days from the date of this letter, a claim will be raised in ********* County court for non complaince, damages and costs.

 

 

 

 

He received his statements special delivery

[Fearless T]

My statements have arrived! Hurrah! I'll count the charges up over the weekend with a view to writing back on Monday. Wish me luck!

[zootscoot]

Good luck Fearless!

[BankFodder]

In respect of the time limit - firstly we now feel that you can claim for a far back as you want. Don't worry about the limits.

The CYNthesys system shows that they have known all along.

Secondly, the Scottish limits are calculated differently.

the 5 yrs begins from when you could reasonably have known of their breach - which would only have been a year or so ago at the outside

[Fearless T]

Well, I've added everything up and tomorrow I send my letter asking for just under 1500. Here we go!

[Fearless T]

Sent them my prelim request, got the standard reply about terms and conditions and how I signed up to them etc. Posted my LBA yesterday, 14 days start now! Wish me luck!

 

FT

[sajabu2003]

Good luck FT

[Fearless T]

On Tuesday the 15th May I shall start formal proceedings against the Clydesdale Bank in Scotland. Looking for a little advice though.

 

The amount I'm claiming is just under 1500, however as I will now add the 8% interest since its going to court, this will take it to just over 1500. Does this mean I cannot now use the summary cause under Scots Law?

 

Couldn’t see the answer in faq.

 

Any comments or suggestions appreciated.

 

FT

[wee_V]

From what I've read (and I'm NOT an expert so please get other opinions), a Summary Cause is used where the value of the claim is over £750 and up to (and including) £1500. So you couldn't use this if you're adding interest to take it over £1500.

 

Above £1500, you need to use Ordinary Cause, which (I think) requires a solicitor. You'll get all the info you need from the Scottish Small Claims Court website:

 

Scottish Courts Home Page

 

Can I ask you how long did it take in the end to get your statements from Clydesdale? I sent my request for statements on 7th March! About to send them a non compliance letter.

[Fearless T]

It wasnt much longer than the 40 days to be honest, I got a letter a week before the deadline ran out, and they arrived about a week after the deadline.

 

You have certainly given them long enough now, I would stick the non-compliance in as soon as posisble.

 

Hope this was helpful.