garygumps v Northern Bank (NI) ***SETTLED***

[garygumps]

Hello all, new member here. Have finally taken the plunge to claim back my chargesa and stuff, but need a bit of clarification on something.

 

My bank, Northern NI, used to charge fixed routine amounts for setting up/cancelling and even amending direct debits and standing orders. Having recieved my list of charges from the bank, can these be included in my claim? Or should I just stick with the overdraft/interest and stuff?

 

Thank you

[barracad]

These are probably legitimate charges as they are actually providing a service. How much did they charge?

[Guest louis wu]

Gary, just confirm who your bank is, I cant find a Northern NI.

 

Let me know, and I will see if anyone else has had this problem.

 

The basics are this though, anything that is a 'charge' can be claimed, anything thats for a 'service' cannot. So, if they justify the DD/SO thing as a service, you cant claim it back (how much was the charge?), if it is a charge, the question is how much did it actually cost them, if its a lot less than thay charged you, then its a penalty.

 

Louis

[garygumps]

Thanks for the quick replies guys.

 

My bank is Northern Bank from Northern Ireland (they of the BIG £26M robbery of a few years ago LOL)

 

They used to charge £4.50 for setting up a DD/SO and £8.50 for cancelling it!!!

 

I used to hate having to pay these at the time (they dont anymore, hmmm), especially the difference between setting one up and stopping it!!!

 

I don't think myself to include them, as over the 6 years they only add uo to about £100, and the other fees and charges are over £1000 so won't be too greedy!!!! LOL

[Guest louis wu]

Have a look at this

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/81297-girls04v-northern-bank-northern.html?highlight=northern+bank+northern+ireland

 

it may help you

 

Louis

[garygumps]

Hi, Does the preliminary letter ( and all subsequent letters) need to be sent Recorded Delivery, or is ordinary post OK.

 

Its just, I've seen people advised to send their SAR by recorded.

 

Many thanks

 

Gary

[mochamoo]

I would send it by recorded so they cant wiggle out of it saying they haven't received it. Or you could send it with proof of posting from th post office.

[garygumps]

Thanks.

 

thats what I was thinking

 

 

Gary

[Guest ChloeJane]

Hi Gary!

 

Just a quick post to check that you don't forget the £10!

 

Sure you have read it already but just in case to be sure -

 

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

 

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.

 

So....................... .........

 

 

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.

 

You can than spend the 40 days waiting for the information but can look around at what the tiimetable will be and what steps are next.

 

A great link is below which sets out a sample of the process. The links are on the right.

 

www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

All the best with your claim,

CJ

[garygumps]

Thanks Chloe, but I've already got my data protection details. Its the actual letter claiming my refund i'm talking about.

 

I'm going to send it recorded just to be safe.

[garygumps]

The battle starts now.

 

Successfully received SAR last week and calculated charges of £1500 odd over 5 years.

 

Preliminary letter sent 9 May 2007.

 

Awaiting reply

 

 

Gary

[maroondevo52]

Hi, Gary.

 

Looks like you've got things under control. Start a thread in the Northern Bank Forum and keep people updated with your claim. It's in the same forum as the Yorkshire Bank and Clydesdale Bank.

 

Regards.

 

Scott.

[garygumps]

OK, sorry for posting in wrong place.

 

Off to the correct forum now.

 

Gary

[garygumps]

The battle starts now.

 

Successfully received S.A.R - (Subject Access Request) last week and calculated charges of £1500 odd over 5 years.

 

Preliminary letter sent 9 May 2007.

 

Awaiting reply

 

 

Gary

[garygumps]

Update.

 

Letter received today acknowledging receipt of claim and saying that they are investigating and that "they take complaints very seriously....." blah blah blah. They also say that I should hear from them within next 20 working days.......yeah right.

 

Also enclosed "Putting things right" leaflet on complaints proceedure.

 

They seem to be treating this as a complaint, hmmmmm. WRONG!

 

Gary

[RossD1968]

Best of luck Gary.

 

It will be interesting to see how they react to your claim seeing as they are no longer part of the Australian Group.

Especially interesting as i opened my parachute account with the Northern. Had a nice chat with the bloke dealign with it and asked him about what it was like for the staff now workign for Danske instead of NAG. He reckoned they were alot easier to deal with and alot more customer friendly thanh the last lot....then he would say that wouldnt he!!!!

[garygumps]

Thanks Ross:)

 

Well , new ownership or not, their charges have stayed the same:rolleyes:

[Guest ChloeJane]

Hi Gary,

 

Well I guess onwards as they say and the next bit is the letter before action!

 

A link is here.

3. Letter before action - Consumer version - asking for it back

 

Send the letter off and wait the 14 days!

As you are so on target, thought I would give you some extra reading for the next step, so as soon as you get a response back, or hear nothing...

you can file.

INFORMATION ON FILING IN COURT

Fees

You can apply for an exemption through the court when you file your claim so it is worth a read and if in hardship, worth applying.

 

http://www.hmcourts-service.gov.uk/H...fl ets_id=172

 

 

Money claim online - OFFERS NO FEE EXEMPTION

5. Money Claim On-Line (MCOL) Particulars of Claim

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

N1 at your local court. Preferred - fee exemption allowed.

4. Particulars of claim - N1 - hard copy version

Reading the above and having informed choices so your confident and know what suits you is why I have added the information, so you can ask questions till the waiting time for a reply to the letter is up.

Happy reading and all the best with your claim!

CJ

 

 

 

[caro]

At least you are within the Northern Ireland small claims limit Gary.

[garygumps]

Yeah, I intend to use the Small Claims Court and not MCOL. I think it will just look more serious;) .

 

I've used the NI Small Claims Court service before a few years ago very successfully:D . Even actually had to go into court that day, but by all accounts i shouldn't even have to get that far for this case..........hopefully.

 

Deadline date for next letter is 25th May.

 

Gary

[caro]

I see what you mean, but MCOL gives the same end result, a court claim which is serious. It's academic really with you being in Northern Ireland. I have to be honest and say that I think yours is the first Northern Bank claim I have seen, although they have only been added to this forum since the Whistleblower revelations.

 

This will be interesting to see how they respond.

[sajabu2003]

girls04v northern bank (Northern Ireland)**Settled in full before court**

 

Sarah.

[caro]

Thanks Sarah, I missed that one. I used to know every thread in this forum, but I can't keep up with them all now.

 

Good thing people support each other. Don't you just love this site?

[sajabu2003]

You're very welcome caro. Good luck with your claim Gary

 

Sarah.

[TheNorthernWarrior]

I see what you mean, but MCOL gives the same end result, a court claim which is serious. It's academic really with you being in Northern Ireland. I have to be honest and say that I think yours is the first Northern Bank claim I have seen, although they have only been added to this forum since the Whistleblower revelations.

 

This will be interesting to see how they respond.

Hi caro, Lickthewallfatboy won and the Northern settled with me for the 1st claim. had to split it and my court date is on the 25th May. I sent a pm asking if i should be sending a court bundle or just bring it with me to the court hearing? Nobody seems to be replying>

nervous.