Hi, Personally, I won't be including the OD interest in my claim but only because I am rubbish at maths and can't work it out accurately. I think it's pretty much up to you. You should only include the interest you have been charged on your charges though (each time you have gone over your authorised OD limit) the banks are allowed to charge interest when you are in your overdraft but haven't exceeded it. The 8% should not be included at this stage. This is what you ask the court for - if it gets as far as the court of course. I hope this makes sense??

Hi folks, the 14 day deadline I set has passed and to be honest I have let it slide a little as I have been busy with Uni and work etc. The other day hubby received a letter. I am guessing it was from YB but since it was neither signed nor on headed paper we had to guess!! This is a copy of the letter. Obviously the bits in brackets were not included on the original. Dear MR Hongkonguk, Re Data Subject Access Request I refer to your letter requesting a list of charges relating to your account, rather than copies of statements which you confirm you have received. (??? this doesn't make sense, I want statements back to the opening of the account ) Under the Data Protection Act 1998 we are only obliged to provide you with copies of your statements dating back 6 years, not a comprehensive list of the charges incurred on your account. (Errr...WRONG!!) Whilst you are within your rights to refer the matter to the Information Commissioner at the end of the 40 day period (Thanks for reminding me of my rights YB, how very helpful of you!) I confirm your account is currently under investigation (investigation? What for?) and please be assured that we are doing the best we can to complete the procedure as quickly and efficiently as possible. (yeah, right. 75 days is quick and efficient is it? I don't think so!!) I thank you for your continued patience and understanding throughout this matter. Yours Sincerely, What do you reckon? I am guessing that this is yet another now standard stalling tactic from YB. Come Monday we will be visiting our local court. We WILL get the information we have requested and paid for!

Well done! Congratulations!

Congratulations!! Well done!

Congratulations!!! You deserve it.

Congratulations!!!! Well done to your wife - she is very courageous!

Congratulations!!!!!

Congratulations!!! Sorry to hear abut your dog.

Congratulations!!!!!!

Congratulations!!!!!!

congratulations!!!!!

Hi Jenni, Thanks for your comments. It sounds as though YB are putting you through the wringer! My letter ( or rather, my husband's letter) was sent today so we shall see how long it takes for the remaining bank statements to arrive. I won't hold my breath!

Thanks Bigmac. I will ammend it and post it tomorrow. Charges so far add up to £766.00. That's just my husbands account. I haven't even started on mine yet!

OK, would anyone mind having a quick shufty at this for me before I post it on Monday? Thanks a lot, Sir/Madam, Re: Account No. Mr Hongkonguk Data Protection Act 1998 Subject Access Request. I have today received a number of documents requested under the Data Protection Act 1998. The information you have provided dates from May 2001. My original Subject Access Request dated 19th April 2007 made clear that I require a complete list of transactions and charges relating to my account from the date said account was opened with your bank. I believe that date to be 1989 to 1990. I would like to point out that information requested under the Data Protection Act 1998 is not time limited to six years, therefore I still require you to provide the information requested in its entirety. If you no longer possess information prior to May 2001, I require a certificate of destruction from you. I have not enclosed a further payment of £10 as this is not a new request, merely a continuation of the original request made on 19th April 2007, which, I might add your bank has failed to fully comply with. Should you fail to provide the information requested within 14 days of the date of this letter, I will have no hesitation in making a complaint to the Information Commissioner and taking legal action against your bank for failure to comply. Yours Faithfully, Mr Hongkonguk

Hi All, The letter must have worked because this morning I received 6 years worth of bank statements. I am annoyed not to have received more and will be contacting them about that, but six years is enough to go at at the moment. I am quite looking forward to working out how much they have taken from us over the past 6 years!

Pward you are absolutely correct, and so I stand corrected. I would now think YB are very likely not to use the Berwick v Lloyds case as a defence since the ruling was made based on a lack of evidence and not a point of law! This means Tyler that you should not fear that you are wasting your time. On the contrary, everyone on this site is testament to that! Good luck!

Hi, Please read the other posts on this site. If I remember correctly the 15th May case wasn't actually a win on the part of the bank. The case set no precedent and the claimant is appealing the decision as it appears to have been made with little regard to the facts of the case, and rather on assumptions made by the judge! To my mind that hardly constitutes a win! In fact, the case of the 15th May is positive because now the decision will be looked at by the appeal court, and any decision made by them will in fact set a precedent. Just remember this is the only case which seems to have gone in favour of a bank, but how many thousands of cases have they settled out of court for fear of losing?

Hi All, That forty days went by in a flash! We received the, 'We can't meet the deadline' letter yesterday, and this is the reply we sent back today. Sir/Madam, Re: Mr Hongkonguk V YB Thank you for your letter dated 30/5/07 in which you state you are unable to meet the statutory 40 day deadline for providing information requested under the data subject access request. Whilst I apreciate that you are currently dealing with a high number of subject access requests, I would like to remind you that you have a legal obligation to meet the deadline of 40 days. The deadline is due to expire on 2/6/07. I am aware that over several months you have advised many hundreds of people that you are unable to meet the 40 day deadline. In light of this I am surprised that your bank has not taken steps to improve its efficiency in working towards meeting this deadline and I would argue that this continued failure indicates contempt for the law. That said, as a gesture of goodwill, I am prepared to extend the current deadline by a further seven days, the revised deadline being 9/06/07. Please note however, should you fail to meet this revised deadline, I will have no hesitation in making a complaint to the Information Commissioner and taking legal action against your bank for failure to comply. Yours Faithfully, Reasonable but unmoved. Think that makes the point, don't you? Hongkonguk

OMG!! I have savings with them. Time to get it shifted me thinks.

Hi all, Well we have received the usual 'we have forty days and by the way, we don't have to tell you about manual interventions' letter. We have read the advice on this forum and if anyone from YB is reading this, please be assured that we will be following our own timetable - not yours!

Cheque cashed. Won't be long now and we'll soon be getting the "we can't cope, we're so busy" letter.

Thanks Bookworm! The other thing that has got my back up over this though is that i have had to pay each time I have phoned their customer service, so not only have they charged me £20 but they have charged me for the phone calls I have made to sort out their c**p service!

Hi all, I noticed that there was a thread about VM but I couldn't contribute because it was closed. However, I wanted to let you know what they have done to me. I have been a customer of what is now VM but was NTL for about 4 years. In all of that time I have never missed or made a late payment. Last month I was having a few money worries, so as they advise, I contacted them in the hope of changing my direct debit date so I could pay the bill without going overdrawn and incurring the dreaded bank charges. Anyway, the girl at the customer services said I couldn't do this and had to cancel my DD and then pay over the phone when I could and resetting my DD at that point. I agreed. A couple of days later (and I mean a couple - well before my next bill was sue to be issued) I contacted VM to pay the bill. They took my debt card no and confimred the payment had gone through. They set my DD up again too. About a week and a half later, I got a letter saying my card payment had failed and I should contact them to ay the bill. The account had enough money in it and so I can't understand why the payment failed, unless, as I suspect they had input the wrong card no. I rang them to check and they couldn't confrm the no they had input was correct. I said I wanted to pay the bill again, but then they told me what had been a £37 bill was now £97!!! They said I now owed 2 months payments plus a £10 late payment fee plus 2 £5 fees for paying in a method other than DD!! My point is that I don't believe it was my fault the payment was late as I paid it on the date I agreed - if they took the wrong card no then it's their fault, although I can't prove this. Also, no one told me I would have to pay an extra amount because I had not paid by DD. All the financial institutions and advisors make it clear to contact the company if you have difficulty paying a bill,and I did this and was honest and up front and all it did was cost me more in the long run. Needless to say I have written a very strong letter to complain. I would have thought given all the bad publicity with them and Sky they would be keen to keep customers happy rather than getting everyone's backs up!

Day one of forty. I wish I could have seen the staff faces when they got the mail. I bet they thought - 'Oh God not another one!' Tee-hee!

Thanks Bigmac. In a strange way I am rather looking forward to the battle! Must be something to do with feeling empowered.