clydesdale bank/limitation act

[scottishlass]

Hi all,

Sent Clydesdale bank SAR back in June I have had a few accounts with them, I received some statements but not all so wrote to them again regarding missing statements so got some more,I was stilling missing from 1 account,I have also reported them to Information Commisioner I sent another letter to them re the 1 account and also copied to IC so I have received their reply.

"Please note that under the Limitation Act 1980, the period for which a claim can be made is limited to no longer than 5 years prior to date of the claim. Any claim you intend to make can therefore only relate to charges applied in the previous 5 years.

I can confirm the account that you have requested was in fact closed in 2002, and as such no statements which would fall within the claim period

If however you wish copies of your statements issued prior to this period, for reasons other than making a claim, then please provide your confirmation in writing."

Has anyone else had this responce ?

[Nattie]

Re: clydesdale bank/limitation act

I think a simple letter stating that you have requested statements from the period in which they keep them and the nature of why you require them is none of their business. The Subject Access Request is for all information on your account not just statements.

[iancognito]

Re: clydesdale bank/limitation act

...and shouldn't that be six years - if the limitations act actually does apply?

[Nattie]

Re: clydesdale bank/limitation act

depends which country I believe, Ian

[iancognito]

Re: clydesdale bank/limitation act

Ah of course Natty, was the name a bit of a clue? msl:

[Nattie]

Re: clydesdale bank/limitation act

Bingo I think it was, so scotland is 5 years statute of Limitations. Do we know how much the claim is going to be in total due to the way the scottish system works.

[scottishlass]

Re: clydesdale bank/limitation act

Not a clue at the moment, the missing statements were at the time when we were having great difficulties so they are likely to be quite high on that account.
In my opinion I don't think it has anything to do with them what I require them for.

And yes the clue is in the name I will be claiming in Scotland. I do believe the limit you can claim goes up in Jan and they are all different accounts.

[Tools]

Re: clydesdale bank/limitation act

Hi Scottishlass welcome to Beagles.

Clydesdale should keep ALL statements dating back at least 21 years .

If you have sent a FULL Subject access request detailing that you wish to receive ALL your information then you are entitled to it.

Speak with a gentleman Called Gordon Watt at Glasgow Head Office , the contact details are in the Yorkshire Bank Forum along with some other very good information to help you along the way.

Keep at them and you should receive everything you are entitled to. Mention that you have sent a letter of complaint to the ICO and that you are prepared to contact them again , with a complaint of non-compliance , if they do not provide you with the information requested.

Good luck , if there is anything you need to know , ask here and we will help you along the way as much as possible.

Tools

[scottishlass]

Re: clydesdale bank/limitation act

update
I had written to infromation commisioner on the 11th october they have now passed the case to the Regulatory Action Division.
I have since sent them a copy of the response that I received from the Clydesdale to see what they make of it..

Will let you know the outcome:okay:

[Tools]

Re: clydesdale bank/limitation act

Well done Scottishlass

It is important to follow up any none compliance in writing to the ICO.

Without a wriiten complaint they cannot act on it and cannot log it against the banks as a `Non Compliance` offence.

Did you speak with Gordon Watt at all?

Keep at the buggers

Jules

[scottishlass]

Re: clydesdale bank/limitation act

Haven't Called Mr Watt,just yet as I wanted to see what sort of response I get from the ICO.

Do you think after the reply I got I should still phone Mr Watt ? or just leave it to ICO.

[Tools]

Re: clydesdale bank/limitation act

Phone him now and tell him about your contact with ICO too.

The longer you wait the longer it will take to get your data.

[scottishlass]

Re: clydesdale bank/limitation act

Okay update.

Received statements today not what I was expecting at all as ther is only 2. for the account that was missing going back to 2001 So there are another 61 Statements prior to this date.

I didn't do the full SAR so they have only supplied the data on the account Numbers that I knew. There are more.

So have decided to re send for full SAR and hopefully will get my data going further back than 2001.

I feel like I am having to start all over again.

So not a happy bunny at the moment

[Tools]

Re: clydesdale bank/limitation act

Hi Scottish

Dont be too disheartened , it is better to get it right before you start in court and have to go through it all again for the remaining charges.

Whilever the OFT Test Case is ongoing , unless you have any genuine hardship issues etc , then you won`t really be losing out time wise anyway.

Keep at the buggers and don`t give up.

They are going to mess you around with the Full SAR too so be prepared.

Let me know if you need any help at any stage.

Jules

[stevokenevo]

Re: clydesdale bank/limitation act

Hi Scottish

Dont be too disheartened , it is better to get it right before you start in court and have to go through it all again for the remaining charges.

Whilever the OFT Test Case is ongoing , unless you have any genuine hardship issues etc , then you won`t really be losing out time wise anyway.

Keep at the buggers and don`t give up.

They are going to mess you around with the Full SAR too so be prepared.

Let me know if you need any help at any stage.

Jules

Not necessarily true!

http://www.legalbeagles.info/forums/...ead.php?t=2945

Keep the faith ;-)