Mick v Yorkshire

[CrikeyMick]

Well thats the process started against Yorkshire; DPA letter hand posted to my branch yesterday. Am not expecting much as I have already received a letter from them stating:

 

"Further to your request for details of any charges made to account xxxxx, we have searched our records and no charges are showing. If you have any further queries please do not hesitate to contact us." This was in response to a more polite and very reasonable request for my bank statements including charges.

 

I know the above to be incorrect since they made a charge only 10 days before I sent the first request!

 

______________________________________

Capital one - Settled. £20.

Yorkshire - DPA sent 10/06/06

Woolwich - Preparing to send DPA

Abbey Morgage - Preparing to send DPA

Abbey Bank - Preparing to send DPA

[pjdudley69]

Welcome to the site Mick - you're in the right place! Make sure you keep us posted.

 

PJ

[trundlecat]

All the best Mick

[CrikeyMick]

Thanks for your support.

 

I received today a fairly standard, "we've got your £10 and will process the DSA request in due course" letter. I gather from other threads that I should start counting off the 40 days from today making Sunday 23rd of July as their final day to get the information to me.

 

______________________________________

Capital one - Settled. £20.

Yorkshire - DPA sent 10/06/06

Woolwich - Preparing to send DPA

Abbey Morgage - Preparing to send DPA

Abbey Bank - Preparing to send DPA

[pjdudley69]

yup, 40 calender days [please correct me if I'm wrong anyone, but I'm 99% sure its calender and not working days]

 

You'll probably get your statements in two batches - pre July 2005 and post July 2005. If you read round the other YB threads you'll see why.

 

PJ

[CrikeyMick]

Yep, thanks PJ, I've read pretty much the whole site now Gotta lotta time on my hands at work!!

[CrikeyMick]

Have received the standard, "we don't have to give you data relating to manual intervention" letter and so hopefully will receive the statements soon.

 

Following reading notes by BankFodder in another YB thread would it be useful to send the following letter?

 

"I refer to your recent letter stating that my request for disclosure of data relating to manual intervention on my account is data that I am not entitled to under a data subject access request.

Thank you for confirming that the majority of the requested information will be with me as soon as possible. However my request also relates to any notes and any other details relating to my account or that are related to my account number, which is related to my name. This would include any information about manual interventions on my account and as they are held in a "relevant filing system" they are disclosable under the Data Protection Act 1998.

 

No further delaying or diversionary tactics will be tolerated and unless the full disclosure requested is fulfilled by the 40 day deadline, which is due to end on 14 July 2006 following my initial request on 05 June 2006, I will escalate the matter into a complaint with the Information Commissioner, and possibly into Proceedings requesting a Court Order, without further notice."

Any thoughts?

______________________________________

Capital one - Settled. £20.

Yorkshire - DPA sent 10/06/06

Woolwich - DPA hand delivered 16/06/06

Abbey Morgage - Preparing to send DPA

Abbey Bank - Preparing to send DPA

[CrikeyMick]

I've now received my first batch of statements that show £449 taken from my account. Hopefully the next batch will be here shortly.

[caro]

A tidy little sum so far. How long is that over, and do you expect there to be much more?

[CrikeyMick]

Thats over 5 years, and I expect this year to give at least another 150. Not bad at all since I really don't use this account much since I don't have a debit card with it.

[caro]

Good luck with it. Our merry little band from the YB thread are gathering momentum.

[CrikeyMick]

Well I'm still waiting for this years information and the deadline is only a couple of weeks away. I will be sending a nice reminder letter at the weekend thanking them for the information that they have sent and reminding them of the deadline for the remaining 'missing' information.

[JMio]

Probably worth giving the bods at their Network Support department a call to chase it up.

 

0141 242 4376

 

Good luck fella!

[CrikeyMick]

Thanks for the number JMio. I've just spoken to Anne Findley and she has the remaining statements and is going to get them in the post to me today.

 

I also asked her about their policy on manual interventions, here is what she told me:

 

"Our compliance team have told us that we don't have to provide this information as it is not mentioned specifically in the Data Protections Act.

 

Looking at your statements (she had them physically with her) there would be no manual interventions on your account, Mr xxxxxx. If there were any manual interventions they would show as a transaction amount with no description beside it and I can't see any here."

 

I am amazed that she said that to me and will definately be quoting it in any court action needed.

[CrikeyMick]

Finally I have received the remaining missing statements and will be pursuing the Yorkshire bank for £762. Prelim will be in the post shortly.

[LS28.5]

I sent my letter requesting £2500 yesterday. I have found Yorkshire to be ok in getting stuff back & reacting fairly quickly. Halifax have been a pain though.

 

Anyway good luck mate.

 

Jon

[caro]

I sent my letter requesting £2500 yesterday. I have found Yorkshire to be ok in getting stuff back & reacting fairly quickly. Halifax have been a pain though.

 

Anyway good luck mate.

 

Jon

 

The statements may have been OK to get back fairly quickly, but don't expect your money any time soon. There are quite a few of us with claims which are apparently being defended. If you start a thread on this forum we can all follow your progress and help if needed.

 

Good Luck

[LS28.5]

Will do mate.

 

Re the defending: The banks were sooner or later going to defend cos as more people find out about this then it's going to cost them more obviously & they aren't going to allow it to continue.

 

We need them to defend a case & lose each time which keeps us all on top then.

 

Cheers for the response.

 

Jon

[CrikeyMick]

I'd be very suprised if the banks ever defend. The people who make the decisions in the banks know the situation is undefendable and will likely only put an appearance at court if they know they can destroy the case. This will only happen if someone who isn't properly prepared attempts to sue the bank and makes a dogs ear of it.

 

In addition if they do defend and lose, a precedent will be set and they really don't want that! That would mean that instead of quoting indirect reasons for why the charges are unlawful we would be able to point to a specific case in which the judge decided that the charges were unlawful.

[norvernrob]

I'd be very suprised if the banks ever defend. The people who make the decisions in the banks know the situation is undefendable and will likely only put an appearance at court if they know they can destroy the case. This will only happen if someone who isn't properly prepared attempts to sue the bank and makes a dogs ear of it.

 

In addition if they do defend and lose, a precedent will be set and they really don't want that! That would mean that instead of quoting indirect reasons for why the charges are unlawful we would be able to point to a specific case in which the judge decided that the charges were unlawful.

 

Precedents can't be set in the small claims court, however the main thing is if a bank does go to court they will have to reveal their actual costs to administer charges. Hardly likely. If they do think someone from this forum has a poor case and decided to go all the way, well i'm sure the site admin and mods would be rubbing their hands in glee at preparing a case that would wipe the floor with them.

 

It isn't going to happen though, just keep to the schedule, put in your claim, and wait for them to blink first, because they will. They all do

[LS28.5]

Good lets hope it all goes to plan.

 

Anyway Mick I will leave you now as I have posted my own thread so I won't be hogging your limelight any more.

 

Cheers

 

Jon

[CrikeyMick]

Hi norvernrob

 

Thanks for putting me straight on that, and your welcome LS28.5 (I'm not here for limelight, just for people like norvernrob to keep me right

 

Got a reply from the Bank already which is amazing since I posted it second class on the 13th but it is only standard fob off number 1. As the prelim letter states that I will send an LBA if they don't respond positively I'm going to do that now.

[CrikeyMick]

Yorkshire have now made an offer or half of the amount I'm claiming. Naturally I will not be accepting the offer, but will show it to those at work and friends to encourage them to take action.

[caro]

Well at least YB are taking notice. You show those doubting Thomas types that you really can get money back. We shall expect to see them soon.

 

As you say though, hold out for the full amount.

[CrikeyMick]

Thanks Caro One of them has already joined and I'm sure a couple of others will once they start to see me getting something back, though to be honest I expect woolwich to pay up well before Yorkshire.

 

I am hoping that seeing an actual cheque will spur a few of them on, even though I know it doesn't really mean much as far as getting the full amount back.

 

I am going to be completing an MCOL this afternoon.