Tidge v Yorkshirebank

[caro]

If you follow the link, the LBA is for non-compliance with the SAR. Nothing to do with account information, as the SAR is to do with the subject, and that's you.

[Tidge]

Hello all, sorry for the long delay, been on holidays and totally forgot about all this.... I must say though that looking back im totally lost.... Just a quick re-cap really... what do I need to do next... Caro has told me to send a LBA... now how can I do that without a figure of what Im claiming?

 

Thanks all

[sajabu2003]

The LBA caro told you about sending was for non-compliance. The link was in post #24 by caro.

 

Sarah.

[Tidge]

Thanks sajabu.... my concern still remains on one thing though... I do not know what my account number was.... can I still send this template.... also the actual branch I was with has been closed 3 years and was switched to another existing branch... do I still send it to the new branch or to head office.... I kinda know what your all telling me but its quite daunting knowing that im sending letters that dont really mean much to me.... do you know what i mean??

 

Thanks all

[sajabu2003]

Not knowing what your account number was isn't a huge problem as the S.A.R is asking for information on your name and not a specific account number Just take out the account number reference line in the S.A.R non-compliance letter. As your branch has now closed down I would be inclined to send it to the Leeds head office. I'm sure a moderator or someone else with more knowledge than me will correct this if I'm wrong .oO( Yes I may be female but I do admit to being wrong at times haha )

 

Sarah.

[caro]

Spot on as usual Sarah. You are asking for info on the subject Tidge, and that's you. They need to find everything to do with your dealings with them and don't need account numbers.

[Tidge]

Thanks a million sajabu and Caro... it makes more sense now... must be cos Im a woman also he he he.... ill get this non compliance altered and sent... shall I send one to head office and also the Branch thats taken over my old branch??... also should i send anything else with it ( copy of original dpa )

[Tidge]

Hello all, this is the modified letter I am going to send... please read and tell me if I should add or take away any details

 

Dear Sir/Madam

 

Account No: Unknown

You have failed to comply with my Data Protection Act Subject Access Request dated 22/01/07. As stated in previous correspondence ( by letter and phone conversations ), I do not have my account number anymore as the account has been closed for 2 – 3 years now, however I sent 3 forms of ID and a £10 cheque ( that has been cashed ) so my banking details should not be too hard to find.

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

[caro]

Looks fine to me but make sure this bit is clear at the top of the letter.

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

[Tidge]

Thanks caro, do I just want to insert this " section 7 " part at the beginning of my letter then...say Before the Account number header??

[caro]

More like this I think. It needs to be very prominent:

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to ..........

[Tidge]

I have now inserted it exactly as you suggested caro, thanks a million and wish me luck... do you think I should send a copy to head office and the local branch?

[sajabu2003]

There's no harm in sending to both addresses. The copy sent to the branch will only be forwarded to Leeds anyway.

 

Sarah.

[Tidge]

Just one question, what will be the next step if/when the bank does not supply me with my details?

[sajabu2003]

Court action.

[Tidge]

You really aint gonna believe this one... post man has just delivered my statements:confused: ... how odd is that, the bank denies any knowledge of my existence and sends my statements anyway..... I really dont get this bank at all, however in true yorkshire bank style they have tried to screw me a little... they have sent me statements from May 2001 till the account closed in June 2005... I sent my statement request on January 22nd... so basically they have conned me out of 4 months statements... can I still demand these???

[sajabu2003]

Yes you can... Simple answer lol. You can request for your whole banking history or as far back as they hold the records. Providing you used the S.A.R request letter from this sites template library then the letter doesn't actually state 6 years

 

Sarah.

[Tidge]

I didnt use the template from this site..I used one that a friend passed on to me... I sent a dpa letter that asked for statements from january 2001 to when the account was closed ( 2005 )... I thought you could only claim 6 years worth???

[sajabu2003]

If you stated that you only wanted the statements for that period then maybe it might be worth thinking about requesting statements back further. Take a look here... Yorkshire bank and the Limitation Act - claiming beyond 6 yrs

 

Sarah.

[Tidge]

Iv had a little look around your link and it looks promising.... would I be best off starting my claim with the statements i already have and then requesting statements as far back as they have on record up until may 2001 as I have them from there on??..... also has anybody had any successful claims beyond 6 years?

[sajabu2003]

With regards to starting your claim and adding prior to 6 years I'm not clued up on this area so don't want to respond to that question but I'm sure somebody else will be able to answer for you. As for anybody claiming over 6 years and being successful.... Mollyhannah v Yorkshire Bank - over 6 years ***WON***

 

Sarah.