Patricia Pearl - Small Claims Procedure - A Practical Guide


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  1. #1
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    Default un1boy vs egg.**SETTLED UNCONDITIONALLY **

    Hi guys,

    I'm just in the middle of a cliam with HSBCicon, and came across this forum. I have read through the Threads and sent a DPA disclosure through Secure Messaging (SM), here's what I sent:

    _________________________
    Please accept this secure message as proof of my Identity, as your whole business is dependant on the security of this website and this messaging service, I would be concerned if you asked me to provide further Identification of myself in any way.

    I would like you to consider my following Data Protection Act disclosure request:

    Please supply me with a complete list of transactions and charges relating to my credit account since its inception. Alternatively, a complete set of bank statements for that period will be acceptable.

    Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

    If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

    I understand there is statutory maximum fee of £10, if you require this payment please feel free to debit my card with this amount only.

    You have 40 days from 13/06/2006 in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA Subject access requesticon fee.

    Please note that the address on my account is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

    I require that all correspondence sent is full, complete, accurate and completey legible or I will consider it a breach of this request.
    _______________________

    Obviously, it wasn't set out with the paragraph spaces in the SMbeacuse of character constraints, but I thought it would be easier for you to read like it is.

    What do you reckon?

    We'll see what happens and I'll keep you all posted!!!

    Similar Threads:

  2. #2
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    Default Re: un1boy vs egg.

    Just to keep you posted, Eggicon have sent my a new SM stating they will send me a DPA disclosure form to fill in, should be fun!

    I'm a bit confused/concerned now though, because reading through this particular forum, has the OFT ruled that Egg, for some reason are able to charge these amounts?

    Please can someone clarify?!

    Thanks


  3. #3
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    Default Re: un1boy vs egg.

    *bump*


  4. #4
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    Default Re: un1boy vs egg.

    I was wondering about the Eggicon charges; the OFT report specifically praised Egg for their approach to charges.

    Not sure it changes anything though; if they are unfair, they're unfair and you should be able to claim them back.

    Would be interested to see what happens - I've got an Egg card on my list "to do".


    Good luck!

    A&L: Settled - £6,200
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    RBS: Settled - £850

    The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

  5. #5
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    Default Re: un1boy vs egg.

    lol, well i'm gonna get through Eggicon as ap - just sorted HSBCicon one out, but they dragging.

    Just waiting on Egg's DPA letter form thing then shall send that off!!

    Will keep you posted!


  6. #6
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    Default Re: un1boy vs egg.

    Eggicon sent me a letter asking for the £10 and just to sen ID, no form to fill in.

    I'll send the id info they want, so much quicker than arguing over a bank statement!!

    Keep you posted.


  7. #7
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    Default Re: un1boy vs egg.

    Well, just to confirm Eggicon ahve taken my fee and sent me a lette saying they will forward all info on. Can't wait to get all the info I need though. I'm just concerned that they seem to be taking people to court now and also closing the accounts.

    I'll keep you informed!


  8. #8
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    Default Re: un1boy vs egg.

    Hey guys!

    I sent them the ID, because I couldn't be bothered fighting it!!

    Anyway, again they said that the 40 days started from the date of the letter. I sent a SM back stating that it starts from when they got my letter, which I had proof of because I sent it recorded, as the paymenjt was included and they had cashed the the cheque.

    I got a reply saying that there would be 2.00 pound for making payments by cheque.

    Is ent another back saynig that their reply made no sense and didn't relate to my original SM. so, the same person replied, apologising for the error and confirming that I would get my informaiton within 40 from the date his department received the letter.

    So, I sent another SM back saying I was surprised that they don't know the DPA and referred them to the its terms, which state that the 40 days start from the date they receive the request AND payment. Since I had proof of these, that would be the date. I also explained that I knew they would send me the info in plenty of time so the deadline date would be irrelavant, but advised them if it's not received within MY timescale then a DPA lbaicon will be sent to them.

    I got a reply from one of the managers saying that all fo her staff were fully trained on the DPA and that she confirmed that I would get all my info within MY timescale, the 40 days starting fromtwhen they received my letter!!!

    Just so they know I'm boss!!

    Oh, they didn't mention anything about manual intervention, so Is ent them an SM asking for a reply tot hta paragraph.

    So, we'll see how/when they reply.

    I'll keep you updated.


  9. #9
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    Default Re: un1boy vs egg.

    Ok, so I have read taht Eggicon are counterclaiming and have mentioned about manual intervention. I have sent them a SM askingfor their reply to this paragraph, only to get a horribly tones one back saying that they do have until August to get my data to me blah blah (total unrealated to my original request)

    I have sent them another asking for a reply to it. If I don't get it then I'll send them a letter asking for a reply, like I had to with Co-Op.

    They don't like me, because I'm making them admit I am in the right and the information they have been giving me is not!! think they will close my account!


  10. #10
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    Default Re: un1boy vs egg.

    I got a reply fro the alst SM about the manual intervention, which goes like this:
    _________________________ ____
    I can confirm that we don't action anything on an account without notes applied to the records.

    There has been no manual intervention unless documented in your records.
    _________________________ ____

    Sent a reply reminding htem that I have asked fro disclosure of all notes and instances relating to manual interventi on!!

    I want to be completly prepared if they want to counterclaim etc!!

    This will get interesting!


  11. #11
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    Default Re: un1boy vs egg.

    How incompetant? I received this SM from Eggicon in response to the last SM sent them asking them to confirm that they are aware I asked for all notes about me:

    __________
    I've been informed the department dealing with this request have until 18th August 2006 to issue you with a Data Information Subject Request.

    Any further assistance, feel free to contact me.

    Regards
    _________________

    So, I sent them this back:

    ________________
    Hi,

    Thanks for the information however I am aware of the date and this is the third time I have asked you to confirm information and your reply has had nothing to do with my original request.

    My last secure message was this:
    _________________________ __
    Please can you confirm that your DSIR team are aware that I require a copy of all notes relating to manual intervention on my account as well? This was included in my original request.
    _________________________ __

    It mentions nothing about timescales or anything like that, just that I require confirmation that they are aware my request includes all notes and manual interventions.

    I am really shocked that this is at least the third time I have asked for something and received an anser from EGG which is completely irrelevant.

    Please can you supply me with an answer to my original request, which is in between the lines above. I am confident that the information requested will be sent to me by the 18.08.2006 and this is no longer and issue!!!!

    Thanks
    ___________

    I'm so fed up, I have asked them for things and they just ignore me and give me completely wrong answers!!

    I don't have it though. I have decided that I am going to write everything on here now for those people that need some confidence. Let me know if you think it would be worth it? At the end of the day, thesee EGG forums don't seem to be watched that much but if people are following my thread then I'll gladly type everything on there to help!!!

    Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

    *If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

    My charges claims:
    un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

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  12. #12
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    Default Re: un1boy vs egg.

    Update as promised. I just received this SM from Eggicon in response to the manual intervention one I sent above:

    ______________
    I can confirm that all notes relating to manual intervention on your account will be included and sent to you as well.

    You'll receive all this information in the correct timescale.

    Thanks for your message.
    _____________________

    Ah well, no apology for their incompetence or not answering my original questions, but hey - at least I know I'll be getting all info I asked for!!

    Hope this helps!

    Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

    *If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

    My charges claims:
    un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

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  13. #13
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    Default Re: un1boy vs egg.

    They are rubbish, which hopefully will go in our favour when they lose due to incompetance


  14. #14
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    Default Re: un1boy vs egg.

    Oh tell me about it - it's funny how they think they know what they are doing though, eh?

    Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

    *If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

    My charges claims:
    un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

    Default removals:
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  15. #15
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    Default Re: un1boy vs egg.

    Right guys, I received my full information on the last day it was due (oh, please!) and totted it up and they owe me £160.00. so, prelim printed and going monday!!

    Will keep you informed!

    Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

    *If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

    My charges claims:
    un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

    Default removals:
    un1boy v Equifax - Default removal
    un1boy vs Experian - Default removal

  16. #16
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    Default Re: un1boy vs egg.

    I sent my prelim to Eggicon yesterday, should get it Tuesday 5th - sent it recorded though, so i'll know. forgot to say charges with regards to overlimit etc, sent the going over overdrafticon and dd's, lol - nevermind. will see what they say.

    I will post their replies

    Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

    *If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

    My charges claims:
    un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

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  17. #17
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    Default Re: un1boy vs egg.

    Keep at it un1boy, will follow this thread with interesticon.


  18. #18
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    Default Re: un1boy vs egg.

    Oh, don;t you worry - I will keep at it. I've gained so much confidence form this forum and I will not and do not let them get away with treating me like this!!

    I will check online delivery checker thing tomorrow to check they've received the letter! I'll keep you posted.

    Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

    *If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

    My charges claims:
    un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

    Default removals:
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    un1boy vs Experian - Default removal

  19. #19
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    Default Re: un1boy vs egg.

    Just keep on Going...un1boy!!! Just remember, that there are a 'lot' of people/consumers, out here on the BAG/CAGicon that are behind you - There is always more strength in numbers. Best Angry Cat- mew mew mew prrrrrrrrrrrrr X


  20. #20
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    Default Re: un1boy vs egg.

    hehe, thanks Angry cat. I am checking later that it's all been received - will keep this thread up dated every inch of the way!!

    Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

    *If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

    My charges claims:
    un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

    Default removals:
    un1boy v Equifax - Default removal
    un1boy vs Experian - Default removal


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