JMio v Clydesdale Bank - LBA Sent

[JMio]

I don't believe it, they've done it now!!

 

I've just had a letter through informing me that due to a lack of funds (a matter of pence, AND there's a Cheque waiting to clear in that account) they've returned my Loan Payment, unpaid - and... Charged me £35.00 for the priviledge.

 

Grrrrooooooaaaaar!!!!! I am not a happy man this morning. Not even in the slightest, remotest way. :mad:

[rossirvine]

Hi am just about to start trying to get my charges back, having read the threads on here am still not sure how to go about it. What form is it you ask for off the bank to find out what charges you have had for the £10. Does this include the service charge you get if your overdrawn and the letter sent to you?? please help am stuck and am sure the bank owes me quite a lot.

 

rossirvine@yahoo.co.uk

 

Thankyou

[JMio]

Ross - first things first mate, welcome aboard.

 

Now, step one - have a good & thorough read through the FAQ's, EVERYTHING you need to get you started IS in there.

 

Secondly, start a thread of your own for each claim you are processing under that particular bank's relevant Thread. Having your own thread encourages others to give you advice specific to your own case etc.

 

The basic steps are:

• DPA Request to find our what you are owed
  
• Prelim Letter to ask for the money back
  
• Letter Before Action - final deadline for them to refund you
  
• Court Action

[surreyscouse]

Hi JMio,

 

Just read all of this thread, what a bunch of wasters these guys are. Persevere and I'm sure you'll come up trumps as soon as you have the info.

 

Went to a wedding in a castle up your neck of the woods a couple of years ago, nice part of the world !

[Robertxc]

I explained this issue with Clydesdale to Mike Dailly, who is the Principal Solicitor at the Govan Law Centre. Mike very kindly sent back his opinion, which goes as follows:

 

Dear Robert

 

You had asked about the legality of the Clydesdale Bank's refusal to provide information on bank charges applied to personal current accounts prior to July 2005 under the DPA.

 

We can't normally reply to all of the e-mails we get on the subject of bank charges, because our day to day resources are deployed on court and case work in Glasgow. However, given this issue may be of wider importance to many people across the UK I am happy to try and help.

 

Clearly the Clydesdale's letter to you omits to explain the reasoning for this decision, but you have suggested the bank's position may be due to this information being held on microfiche or a different recording system.

 

The first thing you should do is to get the bank to confirm in writing the legal basis for why it believes data prior to July 2005 is exempt from the DPA. Ask them to provide a reference to the particular exemption provision of the Act which they think applies.

 

That said, you may wish to make it clear that you believe the bank has erred in law here. You can refer the bank to the Information Commissioner's Legal Guidance on the DPA 1998 - which is available here:

 

http://www.ico.gov.uk/documentUploads/Data%20Protection%20Act%201998%20Legal%20Guidance.pdf

 

In particular, I would highlight that para 2.1.1 of the IC's Guidance confirms that manual records - which includes 'non-automated information' - are now included under the 1998 Act, since at least 23 October 2001.

 

There was a transitional relief period, but that expired on 23 October 2001.

 

Para 2.1.1 notes that non-automated information systems such as 'paper files, rollerdex, non-automated microfiches' are now covered under the 1998 DPA.

 

There are a number of special exemption categories, but it is highly unlikely these could apply in the context of a bank charge/statement DPA request. The fact the Clydesdale keeps its records pre-July 2005 on microfiche etc., means it is a manual/non-automated filing system and as such covered under the DPA in principle.

 

It is also very telling that your letter from the Clydesdale advises pre-July 2005 statements are available at a cost of £5 per statement. It would appear that the Clydesdale is simply trying to avoid the DPA, and retain its ability to earn a profit from providing bank statements at £5 per sheet.

 

My advice at this stage, and on the information provided, is that it would seem the Clydesdale Bank misunderstand the scope of the Data Protection Act 1998.

 

If you cannot persuade them that their policies are contrary to the DPA, you should lodge a complaint with the Information Commissioner in Wilmslow , Cheshire.

 

Mike Dailly

 

Principal Solicitor

Govan Law Centre

Glasgow

 

My thanks to Mike, if you're reading this - your help is greatly appreciated.

[homer_j]

Good question, I think it was Clydesdale though...

 

It was yorkshire but the rules do not differ..

[laaljocky]

I've just came home tonight to receive not one but two letters from Fiona Mitchell at the Clydesdale. She states in the letters that "the bank has sought to amend its systems in order to be able to provide this information to all our customers" and that "we are therefore pleased to confirm that we are now able to provide you with a copy of your Bank Statements produced prior to July 2005".

 

Well done to JMio and company for fighting as it seems to have worked and thay finally backing down.

 

Can't wait to go through those statements when they finally arrive.

[caro]

Round 1 to JMio.

 

Seconds out....Round 2:p

[JMio]

COME ON!!!

 

laaljocky - you have a PM my friend!

 

Finally things are on the up against this shower eh?!

 

Robert - I thank you greatly for that letter, it does apear that they're in the wrong regarding their 'interpretation of the act' (not that I was in any doubt whatsoever mind you!).

 

Let's keep it up folks, I'm certain there'll be plenty of others in the same boat as us trying to get some kind of redemption against this horrible disgusting organisation that call themselves the Clydesdale.

[JMio]

I've just came home tonight to receive not one but two letters from Fiona Mitchell at the Clydesdale. She states in the letters that "the bank has sought to amend its systems in order to be able to provide this information to all our customers" and that "we are therefore pleased to confirm that we are now able to provide you with a copy of your Bank Statements produced prior to July 2005".

 

Well done to JMio and company for fighting as it seems to have worked and thay finally backing down.

 

Can't wait to go through those statements when they finally arrive.

 

Has anyone else (Clydesdale Bank peeps only though please!) had this letter?

 

If so, what'd be the chances of a scan of it please? (Pretty pretty please!?!)

[cove61]

i just got a letter form the clydesdale bank it says

" i confirm that we shall provide you with copies of your bank statments covering the last six years under the right to access under the data protection act 1998"

I wont be getting any info about manual intervention as "this is not data which you are entiled to recieve under a data subject access request and accordingly no such disclosure will be made"

 

So i have had no real problems (so far) not sure if is all the complaints from here or not but think they might be getting the message.

Now waiting with highlighter pen at ready for statments.

[JMio]

i just got a letter form the clydesdale bank it says

" i confirm that we shall provide you with copies of your bank statments covering the last six years under the right to access under the data protection act 1998"

I wont be getting any info about manual intervention as "this is not data which you are entiled to recieve under a data subject access request and accordingly no such disclosure will be made"

 

So i have had no real problems (so far) not sure if is all the complaints from here or not but think they might be getting the message.

Now waiting with highlighter pen at ready for statments.

 

Would you be able to email me a scan of that letter at all please?

 

By all means please remove all of your personal details (address etc) but if I could just get hold of some actual proof that they ARE sending these out then that'd be fantastic ammo for a call to our man Mr Gordon Watt...

[JMio]

 

I've phoned Fiona Mitchell at CB's Network Support to query the state of play regarding these older Copy Statements.

 

This, is good good news!!

 

--- --- --- --- --- --- --- --- --- --- --- ---

 

She's confirmed that I'm due to receive the same letter that a few on here have got, confirming that I am due to receive copy statements from the date my account opened (September 2001). WOOHOO!!!! GET IN!!

 

She also confirmed that THIS WILL BE THE CASE FOR ALL FUTURE REQUESTS.

 

So, anyone that's with the CB & has been swithering about whether to try getting your Charges back.

 

What are you waiting for!?

 

Go on..!!

[rossirvine]

Well done mate just one question is it best to send the DPA to my own branch or the registered one for the DPA number.

[JMio]

I sent all my requests to my branch, Recorded Delivery 1st Class.

 

There has been a bit of battling along the way, which meant I've had to write to several different offices / departments, but hopefull that has now all changed.

[giggsy1000]

Sorry if this is a stupid question since i'm new to this, but can the clydesdale shut down my account if i start proceedings against them to claim my money back? I am a student and although i could probably claim back around a thousand or so pounds, I have an overdraft with them so if they close my account the money I get from them will only pay off the overdraft anyway and I will be left without a bank account. Is it really worth my while?

[surreyscouse]

open another account first and then claim the charges back.

[geedels]

Fiona Mitchell has also sent me the letter to 'confirm that we are now able to prvide you with a copy of your Bank Statements produced prior to July 2005'. Has anyone received the bank statements yet? Do we think they've hired a big expensive lawyer to get them out of the huge amount of money they owe us?

[geedels]

Do you still need a scan of the letter or has yours arrived?

[Robertxc]

Do you still need a scan of the letter or has yours arrived?

A scan would be very useful if you can do it...

[JMio]

My letter arrived this morning - Robertxc, I'll try & get it scanned in over the weekend & I'll send you a copy of it.

 

Can you PM me your email address?

[shathis]

As a bit of a lurker on here for the past few months have been following this and other threads with interest!

 

Following this i sent the standard letters provided and gained the same response regarding July 05 onwards. Having followed this up with one of the letters in this and another thread and a threat of ICO i recived this letter this morning!

 

 

DATA PROTECTION ACT 1998 - DATA SUBJECT ACCESS REQUEST

 

We refer to previous correspondance and conversations advising that we were unable to accomodate you request for account information proir to July 2005, under your right of access to personal information.

 

In the intervening period the Bank has sought to amend its systems in order to be able to provide this innformation to our customers

 

We are therefore pleased to confirm that we are now able to provide you with a copy of you Bank Statements from date of closure to 2001.

 

We are arranging to obtain the innformation required and will provide it as soon as we can.

 

 

Anne Findley

Network support.

 

 

So a small victory perhaps? No mention of the £5 per statement and £360 required to get this (i paid my £10!) and seems this is volentary as ICO on confirmed they recived my complaint to them and backlog this morning too!.

 

THinking of a suitible follow up letter would probably be a good idea as there is no mention whether these details will be provided within the initial 40 day request. Unless they are trying to stall longer while they find another stalling tactic to the eventual goal for all of us.....return of charges!

 

Anyone like to pen a standard response? Anyone ELSE recived this letter?

 

regards Shathis (good work and respect to Jmio for keeping this pressure alive!)

[JMio]

I was thinking along the same lines actually - when I spoke to Fiona Mitchell at Network Support yesterday, she said that they were planning to send them out on a 1st come 1st served basis.

 

All well & good, but it means that they'll be breaching the 40 day limit. Perfect example = ME! I sent in my DPA along with the £10 on the 10th April, and as yet I've only received details from July 2005 onwards.

 

I've alread lodged one complaint about them to the ICO, hence their letter yesterday regarding their change of stance regarding the DPA, but has anyone got any ideas on what action to take now?

 

Should I just wait to hear back from the ICO with their final response?

[JMio]

Here's their letter:

--- --- --- --- ---

 

Dear Mr JMio,

 

DATA PROTECTION ACT 1998 - DATA SUBJECT ACCESS REQUEST

We refer to previous correspondance and conversations advising that we were unable to accommodate your request for account information prior to July 2005, under your right of access to personal information.

 

In the intervening period the Bank has sought to amend its systems in order to be able to provide this information to our customers.

 

We are therefore pleased to confirm that we are now able to provide you with a copy of your Bank Statements propr to july 2005.

 

We are now arranging to obtain the information required and will provide it to you as soon as we can.

 

Yours sincerely

 

 

Fiona Mitchell

Network Support

 

--- --- --- --- --- --- --- --- ---

[trundlecat]

We are therefore pleased to confirm that we are now able to provide you with a copy of your Bank Statements propr to july 2005.

 

"Pleased"? Oh aye, I bet they're chuffed to bits in a teeth grinding, heavy breathing sort of way ;-)