Dr Hunter vs Clydes(over 6 yrs using eng crt)

[Dr Hunter]

Hello cag,

Firstly, hats off to all involved with this site. It has always disgusted me that institutions with such power can make huge profits from the people who can least afford it.

I have, on many occasions, had my already chronic situation made far worse by these vultures.Being skint can be expensive. Now the tables seem to be turning and many people are recieving life changing sums of money thanks to you.

Well here is my situation.

I have two current accounts and one credit card account with the clydesdale bank in scotland. I sent away asking for six years worth of statements at the end of january and have recieved only the credit card and secondary account statements. Already the charges tot up to over a £1000. My main account is where the fun begins, i expect the charges to be about £3000 going back six years and double that if i go back a few more years.

I intend to go for contractual interest and have an address in london to use.

By the way I rang the AQU in leeds yesterday to ask for more than six years statements and mentioned s.32, the guy i spoke to asked if i had been on this site and also said he had visited the site in the morning.

[Dr Hunter]

now for the questions.

Should i treat each account seperately and start the ball rolling with my (credit card £200) and (secondary account £1000) or wait for the statements for my main account and do them all as one case?

Has anyone recieved older statements (past six years) from the clydesdale?

Can anyone help me with a letter informing them that i still await the six years and could they extend that to twelve years of statements under s.32 etc etc.

thanks in advance for any advice, help etc.

[caro]

Did you specifically ask for 6 years of statements, or did you send a standard SAR which doesn't limit how far you go back.

 

Personally I received statement in 2006 going back to 1998 when I first had the misfortune to deal with Yorkshire Bank.

 

There is a lot of additional reading at the head of this forum in stickys and for Clydesdale you don't need to worry about S32. In all honesty, I think your best option will be to exhaust the banks complaints procedure and then make your claim via the Financial Ombudsman Service rather than the court if you are in Scotland, although Debt-Mountain, whose thread I know you've read is trying the collection centre in Leeds. He is the first I've heard of doing this so we await the outcome with interest.

[Dr Hunter]

Hi caro,

Yes i used the money saving expert (before i found cag) standard request asking for six years specific to certain accounts. I have rang them and they do have older statements but want £5 a pop for them. I also remembered i had a credit card 1998-2000 which had loads of charges on it. I am tempted to fork out the £5 charges but ask only for statements with charges on them.

[caro]

Just do a standard SAR off this site and you should get everything for a tenner. If your 40 days aren't up yet, maybe you could just write with an amendment to the original, and if you're feeling kind give them a bit of extra time.

[Dr Hunter]

a wee update.

After many phonecalls i recieved statements for my main account going back to mid 1999. the charges add up to £2500. when looking over the statements i noticed i had yet another account for all my so's and dd's.

so that is two credit cards and two secondary accounts as well as my main account, all riddled with nasty/lovely charges.

Questions:

Is it worth chasing statements from a time before i was 18, can you be charged prior to this?

If they dont comply with my revised S.A.R - (Subject Access Request) and i have to take them to court to retrieve statements should i take them to an english court, bearing in mind i intend to take them to an english court with my main claim? I live in scotland by the way.

[caro]

In theory under 18's cannot be charged. But theory and practice aren't necessarily the same thing. Some banks have been know to charge under 18's.

[Dr Hunter]

Am still waiting for older statements from closed accounts and intend to lump them all together in one big claim.

This Contractual Interest - Precedent - LOST seems to blow the CI idea.

Am now considering still going for CI in the prelim letter to guarantee progression through the stages and safeguard the s.69 8% interest.

If they paid straight away I could lose out on loads of interest.

[Dr Hunter]

Well i have sent two letters, recorded delivery, and had many phonecalls asking for statements relating to other accounts not listed in my orignal S.A.R. and no joy.

I have decided to do another S.A.R but have a problem, I dont have the account numbers for the accounts i want statements for. One is a mastercard from 1998 and the other a secondery account from 1998 to 2001. The secondery account has loads of direct debits from my main account but is only listed as AC/NO2 in statements.

Leeds AQU have told me to get the AC/NO2 account number from my branch and my branch are saying they cannot get it for me.

How can I retrieve this unknown account numbers?

[caro]

That is the banks problem, not yours. If you give them your name and address, and any changes of address while you dealt with them, they should be able to find them. If you had all the info you wouldn't need to do a S.A.R - (Subject Access Request). Just send the basic SAR from this site, and don't put any limits on the info you want. You want everything they hold about you and your accounts.

[Dr Hunter]

I got a response from my second S.A.R - (Subject Access Request) sent 25/07/2007, today. It basically says I can only claim for five years and so they will only be sending six years worth of statements, unless I write to confirm that I want older ones.

 

It also states that there is no specific mention of manual intervention within the Data Protection Act and so they are under no obligation to record or provide this. Also, they are under no obligation to provide terms and conditions as the data protection act covers personal data only.

 

A bit of a no brainer really, will send a letter (recorded delivery) confirming that I do require the data and that the 40 day clock is ticking.

 

Should I mention that my claim will be in an english court and I will be invoking S.32? Also, is there any point pursuing the terms and conditions or arguing for manual intervention info in the letter I send?

[caro]

Don't bother getting into it. Just get the SAR sorted for now. You've already told them what you want, which is everything. You'll unlikely to get more than statements.

[Dr Hunter]

Bloody Clydesdale!!!!!!!!

 

I rang today to let them know the 40 days are up and to expect a letter informing them of a complaint to the FOS, and court intention.

 

I had to relay messages through my branch because the AQU phone is off line. I was told that the six years worth of statements for the two accounts (I requested????) were ready to send. These are the statements i already have.

 

I clearly stated that I wanted statements for ALL of my accounts on my S.A.R. I sent a letter recorded delivery to confirm that i did want older statements, in response to their attempt to dissuade me.

 

I intend to take them to court in England when reclaiming the charges. Will my English claim be affected if I take them to court in Scotland for D.P.A non compliance? Also will the dreaded stay affect D.P.A non compliance cases.

[Dr Hunter]

Any advice or opinions appreciated. Will my English court claim be affected if I take them to court in Scotland for D.P.A non compliance? Also, is the dreaded stay affecting D.P.A non compliance cases?

[caro]

It's a totally separate issue so I don't think it should be a problem. The DP Act is nothing to do with the test case.

[Dr Hunter]

Thanks caro, you are never far.

 

Have just read that the Scottish small claim limit is being raised to £3000 and also they are not staying claims. Fantastic news. I may need to rethink my plan.

 

I seem to recall people in Scotland having there cases thrown out for trying to do multiple claims, to get past the £750 limit. Would the courts throw out multiple claims if the account numbers were different for each claim?

[caro]

I think it would be very risky to try multiple claims against Clydesdale as they were the bank getting second and subsequent claims successfully thrown out. I know there was talk of the small claim limit in Scotland increasing but I don't know when or if that is going to happen.

[BankFodder]

I've responded to you. If you don't see my email then check your spam foilder

[mystery1]

I think it would be very risky to try multiple claims against Clydesdale as they were the bank getting second and subsequent claims successfully thrown out. I know there was talk of the small claim limit in Scotland increasing but I don't know when or if that is going to happen.

 

Scottish Government: Web page currently unavailable.

 

Small claims limit increased

 

12/09/2007

 

A fourfold increase in the limit for small claims cases will benefit many more people throughout Scotland.

 

Justice Secretary Kenny MacAskill today announced that from next January someone taking a small claims action in the sheriff court will be able to do so up to a maximum of £3,000. The previous limit was £750. This will mean that cases such as disputes about houshold goods and bank charges could be dealt with in the relatively simple, quick and easy to use small claims procedures of the sheriff court.

 

In addition, all personal injury cases are to be removed from the small claims procedure to enable anyone pursuing such a claim to obtain the necessary medical evidence and legal representation required.

 

Mr MacAskill also announced a number of other changes to sheriff court jurisdiction limits as follows:

 

Summary cause actions - Over £3,000 up to £5,000 (previously over £750 up to £1,500)

 

Ordinary cause rules will apply in cases over £5,000

 

Privative limit (any cases below this figure must be raised in the sheriff court) - £5,000 (previously £1,500).

 

Edit :- Link does work.

 

M1

[Dr Hunter]

I have decided to get the ball rolling with this and am keen to test the water with my secondary account which has the usual suspects of charges totting up to around £800.

If all goes according to plan I will be taking the Clydesdale to an english court using a friends address.

I have dug out all of my old stuff and although I have a complete set of statements the rest is a bit patchy.

Does anyone have any of the following I could use:

old Clydesdale current account terms and conditions (around 2004 would be perfect)

any of the old penalty/charge letters (again from around 2004 would be perfect)

Thanks very much for anything you can come up with

[Dr Hunter]

I forgot to say thanks for the above post mystery1, I am now looking to go through the Scottish courts.

Edited March 7, 2010 by Dr Hunter