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Joanne

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  1. This topic was closed on 03/07/19. 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 there. 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
  2. Can I be cheeky and ask where this offer is detailed?
  3. Your letter is very good and I hope you get the information you require as soon as possible. Just a quick question - you say in your letter that you are sending the cheque in order to waste no further time. Did you send the cheque to them originally, with your first Subject Access Request? The reason I ask is that the 40 day timescale starts ticking as soon as the company is in receipt of both the written request and the fee. Good luck with your fight!
  4. Would they accept a copy of a statement to confirm it's your account? It will have the same details on as a cheque would.
  5. It's unlikely that they will supply you with any further information now so, as I mentioned earlier, I believe that the only way for you now is to report them to the Information Commissioner. We had to report them a couple of months ago as they refused twice to supply even a breakdown of charges, let alone copy statements. The Information Commissioner intervened and the statements followed soon after.
  6. Report them to the Information Commissioner! We had to take this step and ask the Commissioner to intervene, as Yorkshire refused point blank each time. They later backed down when the Commissioner got in touch with them, and the statements arrived through the mail! It took a while for all this to happen but it's worth the wait. Good luck.
  7. Hi again, Thank you so much for your messages of support, much appreciated! Just to let you know that we have received a telephone call this morning from the Yorkshire to say that they they DO have to supply us with the info under the Data Protection Act!!! Well that's no surprise is it?!? It's what we have been trying to tell them all along! They say they need to request the information but we should receive it within the next five working days. I suppose that's what happens when you have to get the Information Commissioner involved, lol !! It's very likely that we will have to alter the claim amount once we receive the statements, but we'll deal with that as and when. The bank has until this Saturday to file a defence. If they don't then it's to our understanding that we would then apply for a default judgement and we would automatically receive the full claim amount without going to court ... so here's hoping! Maxie - I'm not sure which court it would be although it's Northampton County Court that has written to us so perhaps it would be there? Trundlecat - I was thinking the exact same thing! I was sure they had lost the data but it seems not. At least the Information Commissioner is now aware of their underhanded tactics of avoiding supplying information, so this should help all other cases going forward.
  8. Hi everyone, I mainly post on MoneySavingExpert but thought others may find my story useful! It's been a long winded process so far so here's the condensed version! We wrote to Clydesdale Bank (trading as Yorkshire Bank) to request copies of bank statements. They returned our cheque for £10 and said we were not entitled to the information. We phoned the bank to discuss the matter but they just kept saying that statements weren't covered by the Data Protection Act. We said that if they didn't supply the info then we would be making a complaint to the Information Commissioner (IC). They said "fine, do that". She still refused to supply us with the information and said we were trying to "exploit the system"!!!!! We asked to speak to their Data Protection Officer and they said they would get him to call us. We submitted a complaint to the IC. Around 4 days later we received a call from the banks Data Protection Officer. Again, he kept saying we weren't entitled to information and that their bank had had a meeting with the IC and a few other banks in December 2005 and it was agreed that they don't have to supply such info to customers. We asked to see a copy of the meeting minutes but he refused. We telephoned the IC helpline to seek their advice on this and they said that they weren't aware of such a meeting although he couldn't deny it had taken place. The IC confirmed that whilst we weren't entitled to copies of the actual bank statements in that format under the Data Protection Act, we were entitled to the information contained within the bank statements. Therefore they could supply us with a list of transactions applied to our account. We wrote back to them AGAIN and give them one final chance to supply information. Gave notice of our intent to file claim with Small Claims Court if they didn't refund all charges. Still not heard back from them and they haven't even returned our unbanked cheque yet! Heard back from the IC regarding our complaint and they said they would get in touch with the bank and make them aware of the guidelines. The IC told us to get back in touch if the bank hadn't responded within 14 days. We filed a claim via the Small Claims Court for the maximum sum of £4,999 inclusive of interest and court costs. We worked this out on the basis that we had a visa card and a current account and calculated the worst case scenario. We do not know how accurate this will be to the actual figure but we have given the bank the opportunity to give us that information. No response from bank within that period so we let the IC know. On Wednesday we received a response from the Information Commissioner to say that the IC is "of the opinion that it appears unlikely that Clydesdale Bank (National Australia Group Europe Ltd) has complied with the provisions of the Data Protection Act 1998. Specifically, it appears likely that there has been a contravention of the sixth data protection principle, which requires data controllers such as Clydesdale Bank to process personal data in accordance with data subjects' rights. This is because the bank has not responded to your subject access request within the prescribed 40-day period. I have informed the bank of our assessment and instructed it to provide the requested copies of your personal data with immediate effect.". The IC also states that they cannot punish a data controller but that they will seek a resolution to the contravention. Yesterday we received a letter from Addleshaw Goddard solicitors to inform us that the Clydesdale have instructed them to act on the banks behalf and they have enclosed a Notice of Acting! So, it looks like we will be going to the small claims court over this!!! I am pretty confident that the way the bank has been acting can only work in our favour! I know from other posters on MoneySavingExpert that the bank has supplied statements to other customers free of charge, and even for the £10 fee in some cases. Why they refuse to supply ours is a mystery really! Anyway, I'll keep you all updated with what happens. Keep fighting everyone! Yorkshire Bank has to be THE worst bank I have ever had the misfortune to come across ...
  9. my partner has successfully claimed of MBNA and it has taken less than 10 days to do. He was fairly confident on the phone with regards to his rights (thanks to here and MSE) and really just kept referring to Durant vs FSA and they agreed to send this out after 3 phonecalls. I think he did mention the ICO and that he would complain if not provided with copies. The 2nd stage was a case of basically one letter asking to contact their customer advocate office, a return phonecall saying that it was in the T&Cs of the account that this was charged. Just keep your point on track, dont let them detract. "The charges are punitive, you have sufficient evidence to feel confident that by going to court you will receive these charges and if they want to try you then you will be happy to take an additional 8% off them in compounded interest. Then request they take this back to their legal team and see if they want to cost the company more money" Leave it at this and you will get a call back within 24 hours saying that they are not wrong but they will get the charge refunded. They did ask my partner to close his account with them as I could not agree with the terms and conditions.
  10. my partner has successfully claimed of MBNA and it has taken less than 10 days to do. He was fairly confident on the phone with regards to his rights (thanks to here and MSE) and really just kept referring to Durant vs FSA and they agreed to send this out after 3 phonecalls. I think he did mention the ICO and that he would complain if not provided with copies. The 2nd stage was a case of basically one letter asking to contact their customer advocate office, a return phonecall saying that it was in the T&Cs of the account that this was charged. Just keep your point on track, dont let them detract. "The charges are punitive, you have sufficient evidence to feel confident that by going to court you will receive these charges and if they want to try you then you will be happy to take an additional 8% off them in compounded interest. Then request they take this back to their legal team and see if they want to cost the company more money" Leave it at this and you will get a call back within 24 hours saying that they are not wrong but they will get the charge refunded. They did ask my partner to close his account with them as I could not agree with the terms and conditions.
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