TALLING Vs LLOYDS TSB *****WON*****

[curlychic]

Originally Posted by birchave0

give them a ring and remind them of the deadline, be very nice about it, just give them a bit of a nudge! Also remind them that they are about to commit an offence by not complying with your request. It you sent S.A.R - (Subject Access Request) recorded delivey they have 40 days from when they received it, good luck!!

Hello Birchave0,

I have already rung them last week. They confirmed my details and explained that they are dealing with my request and that my paperwork would be with me within 7 days.

That was last monday, so 7 days are up. It dosent surprise me at all really tho. They still have til Saturday, but like i said before, cant see it happening and want to be ready for next step if it dosent arrive.

Therefore still seeking answer to my question, but thanx for your response anyway x

[BARTY]

Hi
This should help:
Data Protection Act - Non-Compliance - Template Letters

Barty

[lucid]

Hi,

Yes that it what you need to send if they haven't provided you with your data request - you actually referred to an LBA that you had printed and ready to send in post 11. You send the LBA to the bank to give them a warning that if they do not comply with your data request you will be bringing court action against them.

Hope that helps. Lucid

[curlychic]

Originally Posted by BARTY

Hi
This should help:
Data Protection Act - Non-Compliance - Template Letters

Barty

That link leads me to template 3, which is the LBA, so i am doing the right thing then Others have said that its not an LBA i need to send tho

i'm confused

[Bignig32]

follow the link that curly chick has shown and read further down than the LBA letter you will seek what you are looking for!


This is the suggested template letter where a Data Protection Act request has gone past the deadline without any information being sent:

Template letter removed.

[curlychic]

I am curlychic.......and that is the LBA !

[curlychic]

Thanks Lucid

[curlychic]

Just phoned the London HO number again, to be told that my S.A.R - (Subject Access Request) had been dealt with and the letter was in the post room and would be sent first class today. We shall see eh......

[curlychic]

Finally got my documents through this morning, in the nick of time !

Got to complete the spreadsheets now and tot it all up. Are this quite self explanatory ? havent used a spreadsheet before

There seem to be a few about on the site. Any advice on the best one to use ?

[curlychic]

Prelimin ary letter all typed up, schedule of charges attached and off to the post office to send it recorded delivery now.

Boy does it feel good !

14 days and counting !

[curlychic]

Re: TALLING V LLOYDS TSB

Made my request for payment and got what appears to be a standard letter back saying NO (no suprise there).

However, in the letter they say and i quote:-


"You've mentioned the new guidelines from the Office of Fair Trading on credit cards default charges. We don't agree with the OFT's thinking on this and we're still talking it through with them. But the important point is that the guidelines are about 'default' charges that people pay whan they break an agreement with us. The fee's we charge for dealing with your request to go over your agreed overdraft limit are not default charges because you haven't broken your agreement. They are our prices for the service we provide in these situations.'


NOT MY REQUEST...BUT HEY HO....

A great deal of my charges are actually overdraft excess fee's. So what they are saying is i am NOT entitled to claim these back.

Is this correct ?? At the end of the day i have only gone over my overdraft because they have paid a direct debit when there isnt enough money in the account. So its a catch 22. They pay it and charge me an overdraft excess fee or they dont pay it and they charge me for a returned direct debit !!!

Someone help......Should i still go ahead with claiming these charges and now send the LBA ??

[GaryH]

"You've mentioned the new guidelines from the Office of Fair Trading on credit cards default chargesYes, but that is a small part of the basis for the claim - the main thing is that your charges contravene common law and statute. We don't agree with the OFT's thinking on this and we're still talking it through with themIts utterly irrelevant whether you agree with the OFT or not, and in a sence its not even relevent what the OFT think - they don't make the law now do they?. But the important point is that the guidelines are about 'default' charges that people pay whan they break an agreement with us. The fee's we charge for dealing with your request to go over your agreed overdraft limit are not default charges because you haven't broken your agreement. They are our prices for the service we provide in these situations.'Rubbish! You are trying to 'cloak' your penalties as service's in a futile and underhanded attempt to legitimise your regime of punitive and exorbitant - and unlawful! - charges. As you seem so obsessed with the OFT's report, its surprising that you decline to mention section 4.21, which specifically deals with and warns against the disguising of penalties in the manner you now attempt.

Its all standard tosh. Ignore it and proceed to the next stage.

[curlychic]

Thank you GaryH

I will send LBA today. I may even quote what you said about section 4.21

[curlychic]

Recieved the usual 'no' letter yesterday
(no suprise there)

LBA being sent recorded delivery today

As a single mum, i now need to find out if i can have my court charges paid in preparation for the next step. Any advice offered would be gratefully recieved x

[BARTY]

Hi
Have a look at the following link:
Court Fees - do you have to pay them?

Hope that helps.
Barty

[curlychic]

Thanks for that Barty

I am now looking up my local County Court. Most in my area are Magistrates Courts though. Cant they deal with my claim ??

(i am only a girlie.....lol)