Dusary v Bank of Scotland

[deedee1310]

Ooooh - how how frustrating!!

 

At least they have promised to send you the last 24 years worth of statements. How naughty was she trying to be-****e you like that. It just goes to show that if you don't know your rights, you can be fobbed off by anyone.

 

LOL! She had to go to her line manager for clarification. Under SAR, you can request a record of that call too.

 

Let's see how the rest of the week pans out.......................

 

 

deedee xx

[Dusary]

Who tipped me scales just now?

 

[**Tilly**]

Ahm:d

[Dusary]

Wish the Banks would confess as quickly as you did!

[MacBoy]

Have just had a similar experience myself. I think they are deliberately not informing their staff in dealing with the less 'straightforward' cases because of the likelihood of bigger payouts.

 

I'm afraid we're all going to have to go at them a bit harder.

 

Chin up - we'll get 'em in the end, my friend

[**Tilly**]

No Chance Of That Hell Would Freeze Over First:)

[kennythecelt]

Well, in the words of Scotty

 

"Its life Jim, but not as we know it""

 

This is frustrating. However, they have promised the 24 years of statements. At least your well past the "we are only obliged to keep statements for 6 years and thats all your getting". You are right to stick to this approach. We are still beside you. Can't wait till it is resolved.

 

If you can be bothered, you might consider calling them every couple of days. Thats one for you. It might start to click with them that you are not going away.

 

You should be able to check that they have ordered the statements as this will be on your account details. If you phone the normal 24hr banking helpline (call centre) 08457 23 30 40, in the next day or two, they should be able to check it on screen, once they receive the instructions from the person you were speaking to. That way, it would let you know the position.

 

Chin up, it will happen!!

[Dusary]

Well, in the words of Scotty

 

"Its life Jim, but not as we know it""

 

This is frustrating. However, they have promised the 24 years of statements. At least your well past the "we are only obliged to keep statements for 6 years and thats all your getting". You are right to stick to this approach. We are still beside you. Can't wait till it is resolved.

 

 

Yeah! THAT stage is WELL passed!

 

If you can be bothered, you might consider calling them every couple of days. Thats one for you. It might start to click with them that you are not going away.

 

IF I can be bothered?

 

Every couple of days?

 

EVERY DAY!

 

You should be able to check that they have ordered the statements as this will be on your account details. If you phone the normal 24hr banking helpline (call centre) 08457 23 30 40, in the next day or two, they should be able to check it on screen, once they receive the instructions from the person you were speaking to. That way, it would let you know the position.

 

I may just do that!

 

Aren't we great at helping each other?

[MacBoy]

She spoke to a line-manager, came back and said I would receive the full statements going back to 1983.

 

How did you manage to do that, Dusary? I've tried that 3 times today but got nowhere...have just spoken to them again, escalated to a manager (name given was 'Tim Hales'); who is 'looking into' getting my earlier statements after I explained the law to him.

[Dusary]

How did you manage to do that, Dusary? I've tried that 3 times today but got nowhere...have just spoken to them again, escalated to a manager (name given was 'Tim Hales'); who is 'looking into' getting my earlier statements after I explained the law to him.

 

OK.

 

Had another screen open at same time with this on it:

 

Section 32 of the Limitations Act 1980 states:

 

32.--

· (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-

· (a) the action is based upon the fraud of the defendant; or

· (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

· © the action is for relief from the consequences of a mistake;

· the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

· (2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . .

(5) Sections 14A and 14B of this Act shall not apply to any action to which subsection (1)(b) above applies (and accordingly the period of limitation referred to in that sub-section, in any case to which either of those sections would otherwise apply, is the period applicable under section 2 of this Act).

 

I just read over the bit in red above (we can use scripts as well!!!), and added that I didn't know until the Whistleblower programme. Was a bit naughty and added that the Limitations Act empowers me with 6 years from when I realised that the "fraud" had taken place.

 

She was obviously out of her depth!!

 

Give it a go, Macboy!

[kennythecelt]

Yes MacBoy

 

Dusary has done well to get this far. Lots of other posters are currently being fobbed off and being told they only keep statements for 6 years. That happens every time someone calls the 24 hour banking service. The people working there are being used as a first line of defence by HBOS.

 

As I am still waiting for mine, I am now adopting Dusary and MacBoy approach for my statements.

 

Their approach is definitely to stall at every turn. Only give in after a lot of pushing.

 

Their objective is to push people to court action hoping they will fall by wayside and save them paying out. Of course, we know they will settle at the last hurdle, before court action. It only seems to be luck if things are settled sooner- no rhyme nor reason to their approach so it must be bean counter mentality allied to their settlement procedures/ stages.

[MacBoy]

Like I just said to Dusary in response to a message from him on my thread - it's a war of attrition out there

 

i'm going to follow Dusary's example and try another couple of times - but if the fob-off continues for longer than that - I'll file.

[Dusary]

[kennythecelt]

Morning Dusary

 

Roll on 08.40 am.

 

doing the same myself re statements.

 

Good luck!!

[Dusary]

Hiya Kenny.

 

Yup - I was just about to post here again saying:

 

"I feel empowered once more."

[kennythecelt]

Yes, its a nice feeling.

 

Read on another post how the CAGger used to hate the postman arriving when the letters came in from the bank and how the friendship and knowledge and expertise here on CAG now meant that she was actively waiting for the post and greeting the postman in anticipation of getting a letter from the bank about her claim.

[Dusary]

UPDATE:

 

Called customer relations this morning (as agreed with Macboy and Kennythecelt).

 

Conversation:

 

Me: "I haven't received anything from you today."

..... outlined the 2 accounts and went through the security drill ....

She: "Oh! Well it has been escalated!"

 

Me: "I understood that there were, in fact, at least 2 other accounts."

She: "I can only find 3 loan accounts."

 

......... She then proceeded to give me the reference numbers for them!

 

YIPPEE!

 

It's what I asked for away back in March

when the S.A.R - (Subject Access Request) request was sent out!

 

Me: "But I'm referring to accounts which were known as "Budgetplus and House accounts."

She: "Oh! You mean these ones"

...... then she gave me the roll numbers for those!!

 

YIPPEE!

It's what I asked for away back in March

when the SAR request was sent out!

Me: "I asked for these under the SAR way back in March."

She: "Crikey! That's a long time ago."

Me: "More than the 40 days!"

She: "Yes."

Me: "Well I haven't received them, yet."

 

She: "We only keep statements going back 6 years."

 

B****Y LIAR!

 

 

(I kept my cool)

 

Me: "Sorry, but you have already supplied me with statements for 1 account going back to 1996."

She: "Let me check. Hold the line please."

 

She: "Yes, we did."

Me: "If you have destroyed them, then I require written confirmation that they have been destroyed."

She: "I will arrange for that. But I think we only keep them for 6 years."

Me: (naughtily) "If you are referring to Section 32 of The Limitations Act 1980, you will see that that refers, in fact, to allowing me a period of 6 years after uncovering/discovering the concealment."

She: "I'll make a note of that. Is that OK?"

 

She obviously thought that that was the end of the conversation - but it wasn't! Oh! No!"

 

Me: "How are the Senior Review Team getting on with my 'No, I am not happy with your response' letter and my persistent (and respectful) request for repayment of charges on my number 2 a/c?"

She: (after the read through my file) "It would appear that they are still dealing with it."

Me: "When was it passed to them?"

She: "June 12th."

Me: "That was 14 days ago."

She: ""I'll make a note that you asked."

 

Me: "Thank you for your time and help."

 

And, I'll quite happily keep doing this, day after day after day.

Now off to update the Information Commissioner!

Yesterday, I felt quite nervous about making that first phone call.

 

Not today - definitely not today!

 

I have them in my sights!

[Federer]

good work!!

 

i'm patiently waiting for the days to start ticking down now too..

[sea-sidelady]

Nice....

 

So thing should start moving now!

[kennythecelt]

Keep them in your sights as you said.

 

The "we only keep statements for 6 years" lie is really annoying me. They rhyme it off like parrots.

 

But, everything is in your favour and it will happen!!!!!!!!!

[Dusary]

Nice....

 

So thing should start moving now!

 

 

I damn well hope so!

 

Can't wait to start making a heap of donations to CAG!

[Dusary]

The "we only keep statements for 6 years" lie is really annoying me. They rhyme it off like parrots.

 

Yup!

 

Let's see what the Information Commissioners Office make of it after lunch!

 

You rung them today, Kenny?

[littlejam]

Fantastic work Dursary!!

 

I shall be keeping track of how things go for you. Good luck!! Not that you need it with that evidence!!

[MacBoy]

Good, diligent work Dusary...but bl*ody frustrating for all of us; due to all the disjointed conversations with different people you need to have and HFX spoiling tactics

 

Am just about to update my thread too - even more shenanagins and confusion on my side too, today, 'm'fraid

[sea-sidelady]

 

Can't wait to start making a heap of donations to CAG!

 

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