Mr and Mrs JCJazzy Vs CB

[jcjazzy]

Hi all, What a great site this is! Hubby and I have decided to take on the might of the CB bank,but are currently trying to set up a parachute account first.Our initial intention was to wait until this was all set up before sending off the SAR request,but I'm now feeling we should be cracking on and asking for this info meanwhile.Does anyone have any helpful comments about this.Can the bank ask us to close our account at this early stage,or are we safe for a while yet?Thanks in anticipation, JCJazzy

[enaid]

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

Hi JcJazzy I think you will be safe for a while now. It is best to set up another account just incase, but to get the ball rolling, have a read of the faqs and step by step you will see the time scale and how things are panning out , good luck. enaid

[Guest ChloeJane]

Hi there,

 

Just requesting your statements should not effectively close your account.

 

It takes 40 days or so to get your information so why not start off now and organise the parachute during this time, you have then made a start!

 

Step 1. Get your information! So you know what to claim.

 

You do this by easily following templates by copying and pasting them to suit you and your details.

 

1. Data Protection Act, Subject Access Request letter - List of charges

 

Click on the link above and you will go to a template that will be to request your data and information from the bank.

 

Under the data protection act, the bank has what is called the Data Controller - they are usually located at the head office.

 

A copy of the act is here.

 

Data Protection Act 1998

 

While the branch may accept the request - they will have to forward it the data controller which is head office.

 

Send the letter addressed to :

 

Data Controller

Banks Head office Address

 

Include £10 which is a fee they have a right to charge under the act and ensure you get proof of postage.

All the best with your claim,

CJ

 

 

[jcjazzy]

Thanks.Thats basically what I thought.The CB seem to take a long period of time before acting anyway,so we'll probably be ok.I'll send off soon.JC Jazzy x

[jcjazzy]

Hi all, I have another query about the process in Scotland.I am hazarding a guess that our charges will mount up to a substantial amount( probably in excess of £5000,not including interest).Recent evidence seems to suggest that multiple separate claims on the same account are being thrown out of courts in Scotland,and that the FOS seems to be the best route.I know that you should wait until the bank make a final offer before reporting to FOS,but what do you do during the stages before you get the final offer.Do we still take some steps towards initiating the legal process. I am unwilling to try the summary cause route as we could never afford any costs if they were awarded against us.I am concerned that I may take the wrong steps ,leaving us at a distinct disadvantage with the process.I am sorry if this has been posted elsewhere,but I am feeling a bit bamboozled!!??Any advice gratefully appreciated,and thanks to all who have already responded to my questions.JC Jazzy x

[enaid]

http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

Don't know if you have read all this but there is now quite a large forum for claims in Scotland as they are a bit different to ours. If you start a thread in the Scotland forum I am sure that any questions you have will sonn be answered. Enaid x

[alki]

Hi JCJazzy,

 

Hubby and I are in the same boat as yourselves, general consensus so far is treat as normal until 8 weeks after 1st nice letter asking for money back then you can complain to FOS. It would be helpful if you had a reply from the bank, but even so you can complain without one (just as well because everyone knows how long CB take to reply).

 

Good Luck

ali x

[jcjazzy]

Hi Ali, Thanks for your response.It's helpful to have someone from Scotland too as our situation is so different.When you say treat "as normal" what exactly do you mean? Do I instigate court proceedings or not?Sorry if Im being a bit slow,but as I said I want to get it right.

JC Jazzy x

Hi Enaid, Thanks for your response too.I have read this forum at length,but I'm getting a bit confused about the procedure,where to post,all sorts really........JC Jazzy x

[enaid]

Hi again jcjazzy,

i really do think you are in the wrong forum, there is a forum just for scotland. If you go to it and start a new thread in there I am sure you will get a lot more help with your claim.

[alki]

Hi Jazzy

 

Send 1st letter then send LBA as normal after that complain to FOS (8 weeks after 1st letter). You can not complain to FOS if you have been through the court system so better to go thru them first, then if no luck you can proceed to court.

 

Still trying to work it out myself and just a bit in front of you, Big Mac is always good for advice about FOS as he is going thru that system himself thou under slightly different circumstances.

 

Good Luck

ali x

[Bigmac versus]

Hi Ali you actually can go through the FOS after an earlier court settlement but the FOS wont get involved if the earlier settlement was in FULL AND FINAL or you have a case due in court.

[jcjazzy]

Hi, This is posted on Scotland forum too,but thought I'd add here too.SAR request sent recorded (signed for) delivery yesterday.Now just waiting........ Thanks for all advice and support thus far.JCJazzyx

[jcjazzy]

Hi all, No correspondance received at all from CB thus far.Also, no record of recorded delivery noted,however £10 cheque cashed 2 days later.So 40 day timescale up this week-intend to send failure to respond letter asap with complaint to Information commisioner thereafter.We're a bit worried about the next steps thereafter.Will the information commissioner get things moving again?We intend to go down the FOS route,but we imagine this must be difficult if you have no idea what amount you are claiming due to the bank's non-compliance.Any advice much appreciated, JC x

[thetenter]

Yuo could have some wait,I didnt get mine till approx 95 days and there are others who waited over 100.

[jcjazzy]

Hi all, Information Commisioner complaint to be sent tomorrow.Still have not received acknowledgement from CB yet,although cheque cashed almost immediately.Also,we were due to receive new cheque book for account,which generally comes automatically,few weeks ago.2 requests via autobank have not yet come to fruition either(we have not been abusing the cheque book). We are starting to suspect this may be connected to our actions, but again not sure.Intend to wait until the end of the week and then write to the bankif cheque book not received.Would we be able to complain to financial ombudsman thereafter,as it strikes me this is potentially punitive action? Any advice gratefully appreciated,JCJazzyX

[Bigmac versus]

It defin sounds like punitive action to me and would not be surprised as it is the CB.

I would contact them first (CB) to find out then if they are not renewing this then add this on your complaint to the FOS.

[jcjazzy]

Hi Bigmac,So you are equally suspicious?Doesn't say much for CB's customer relations does it? Will give them til the end of the week,and then send another recorded delivery letter to themre cheque book. JCJazzy x

[Bigmac versus]

I had to call and clear my card for every transaction one sat whilst out shopping and this has happened a few times since so draw your own conclusions as to the strange goings on.

[jcjazzy]

Just an update.No statement have arrived as yet, or indeed any acknowledgment. In addition, the chequebook we have requested has still not arrived. Intend to write (registered post)letter to CB re chequebook,however if we do not get satisfactory response could we complain to Banking Ombudsman about this specifically at the moment as it does seem retaliatory?( we do really need a chequebook and need this resolved long before we get any monies back).JC jazzy x

[Bigmac versus]

Yes you could but you would need to contact the bank to see why you aint got it and if you are going to get it.

[aidcam]

Hiya JC,

Just been reading through your thread and something has just clicked with me! I havent received a cheque book for a long while either - I'm down to 2 cheques. The only reason, it hasn't dawned on me before was because many places such as supermarkets no longer accept them - but it is still useful to have for sending payments etc.

I have been waiting since the end of Feb for my statements although my cheque was not cashed until 24th March - still no statements!! Received yet another letter in reply to my complaint, stating that data is stored in archive and has to be retrieved manually !!!!!!!!!!! They also gave me a "ha ha" dedicated telephone number 01132882726 which turns out to be a recorded message which apparently gets updated regularly!! The message states that all requests are being treated in chronological order from date received yet I know people who have received their statements well after I requested mine!! I have also noticed that they have changed my name from Marie to Mary!!!!!! Ha Ha, another stalling point me thinks!! :o

[jcjazzy]

Hi Aidcam, This sounds exactly the same as us.We haven't even bothered to phone the helpline as we suspected it would be a dead end! Have you complained to the Information Commisioner yet? Keep us posted, JCJazzy x

[slowtrain]

Hello

[jcjazzy]

Hi all, Still awaiting statements and received acknowledgement letter from Information Commissioner re this.On a separate issue received new cheque book too after writing to ask why new one wasn't issued.The suspicious part of me wonders if this was sent out after the OFT announcement though!! Good luck to everyone else and keep momentum going meanwhile! JC Jazzy x

[Bigmac versus]

Cheque book returned, good times