Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #161
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    Default Re: Continuing a financial arrangement.

    That's right dx, and we only got the Call Credit and Equifax files, in the end.

    Experian have still not sent my friend her file, and they owe me my fee, too!

    Somewhere in this thread, somebody wrote that the relationship between DCAicon's and CRA's is an incestuous one.

    I Emailed the ceo at Experian the other day, regarding the return of my two quid, and I've have no reply, and no fee - I can write in this thread, that at least one Credit Reference Agency has so far kept the money.

    Sam

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  2. #162
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    Default Re: Continuing a financial arrangement.

    Are you saying you requested a copy of your file from one of the CRAs and they have failed to provide within the statutory period of 7 days ?

    tsk, tsk.. send them the following There are some places where information has to be added/amended.


    Dear Sir or Madam,

    s9 (2) Limited Data Subject access requesticon in Default
    The Data Protection Act 1998

    I am writing to complain that you have failed to respond to my valid s9(2) Limited Data Subject access requesticon served under The Data Protection Act 1998 (the “Act”). The details requested have not materialised before the end of the prescribed period beginning with the relevant day. The relevant day means the day on which you received my request or, if later, the first day on which you have both the required fee and the information referred to in subsection 7(3).

    My signed s9 (2) Limited Statutory Request included the required 2 Statutory Fee, as outlined in The Data Protection (Subject Access) (Fees and Miscellaneous Provisions) Regulations 2000 Statutory Instrument 2000 No. 191.


    My request also included all information that any Data Controller could reasonably require under s7 (3) of the Act to confirm both my identity and my address. I provided you with my Full Name, my Address, my Postcode, my Date of Birth, my signatureicon and I also stated that I have been resident at the Address provided for XX years. A copy of that request is attached along with a copy of the postal order number/ Cheque number 12345678 .


    For the avoidance of doubt, you have obviously received my s7 request limited by s9 (2), having banked the postal order / cheque on DATE this was confirmed by the Post office/ BANK.

    Therefore, please take notice that if you do not comply in full within 7 Calendar Days from the delivery of this complaint then, without any further notice, I will be making a formal complaint to the Information Commissioner’s office.

    Yours faithfully


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  3. #163
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    Default Re: Continuing a financial arrangement.

    So - it seems that not everybody at Barclaysicon is sleeping!

    A letter this morning, apologising for the delay in the SARicon, it was delivered to them on 22nd Feb, a reminder on 5th April, and a "final, final reminder" on 18th April, [sounds like a DCAicon, doesn't it?]

    But no SARicon!

    The letter confirms that the "request is underway" - I don't think that something as inanimate and abstract can be "underway", can it?

    They are asking which branch to send it to, for collection; a driving licence or passport will be needed on collection - the form to send back, requires my friends' name and signatureicon.

    If photographic proof is provided, does she have to provide a signature?

    Would she need to provide a signature at the counter for receipt?

    Sam


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    Default Re: Continuing a financial arrangement.

    Yest they will not release the documents without a signatureicon.

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  5. #165
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    Default Re: Continuing a financial arrangement.

    Thank you Brig, slick as ever!

    Sam


  6. #166
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    Default Re: Continuing a financial arrangement.

    I have "hidden" a few posts that made no sense as the post that was being referred to had been removed

    Please, do not comment in respect of this post or those that have been removed - let's keep the thread tidy now - I thank you

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  7. #167
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    Default Re: Continuing a financial arrangement.

    And now a letter from Cabot, stating, in a roundabout way, "We cannot force you into a Court and make you pay anything", and then they go on to, sort of suggest, that they are are still open for donations.

    The answer is, "Don't try and appeal to my better nature - you haven't got one, nor have I"

    On behalf of a friend..

    Cabot - Account in dispute
    CapQuest - Account in dispute
    Robinson Way - Account in Dispute

    NatWest - Gone to lick their wounds!

    Barclays - Been waiting for an SAR from this wunch of bankers since 22nd February - [2012]
    In total confusion now, they don't know whether they are on their ar*e or their elbow, but softly softly, catchee monkee!
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  8. #168
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    Default Re: Continuing a financial arrangement.

    Still waiting for the SARicon request from Barclaysicon to be satisfied!

    I've wrote several letters on my friends behalf, with no replies.

    Then wrote to another Barclays address - they received the letter on 22nd Feb [this year; I thought I'd better mention the year, because Barclays don't know what Planet they're on!]

    They've sent acknowledgements, please refer to post #163, and on 24 April stated that the process is "underway".

    Then on 17th May, another letter, stating that they are "committed" to resolve my friends' "complaint", by 19th June!

    Apart from the fact that I think that they should be committed, to a secure institution, I point blank refused to send off her "quid" this month [she's had no annual statements, no receipts, and very little meaningful communication from them]

    Today, a letter noting that the quid hasn't been sent, and threatening legal action, and all the rest of the clap-trap.

    I think that they are at cross purposes here, but I can't help them, I think they are at cross purposes with themselves.

    There isn't a "complaint" other than "What the **** are you up to?

    What do you reckon, sit tight, because I cannot see them stand up in court for a quid, whilst I'm holding the diary of events - can you?

    Sam

    On behalf of a friend..

    Cabot - Account in dispute
    CapQuest - Account in dispute
    Robinson Way - Account in Dispute

    NatWest - Gone to lick their wounds!

    Barclays - Been waiting for an SAR from this wunch of bankers since 22nd February - [2012]
    In total confusion now, they don't know whether they are on their ar*e or their elbow, but softly softly, catchee monkee!
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  9. #169
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    Default Re: Continuing a financial arrangement.

    no

    i'll ask our Barclaysicon expert to pop in.

    dx

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  10. #170
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    Default Re: Continuing a financial arrangement.

    Hi Sam,

    Looking in as requested by DX.

    I've not been through the whole thread but I think I have the gist of the situation.

    If the recipient of the 1 monthly payment has failed to produce evidence of their ownership of the debt, don't pay them until they do.

    If they (or the bank) HAVE produced a credit agreement, Notice of Assignment, T&C's or whatever else to show they are entitled to collect, keep paying them the 1 per month.

    Pursue the SARicon so you can see if there are any charges or PPIicon to reclaim. I saw this mentioned in the 1st page of the thread but didn't see any further comments about it.

    I'll keep an eye on this from now on to see what transpires.



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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  11. #171
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    Default Re: Continuing a financial arrangement.

    Thank you Slick,

    The thread is a diary of five separate accounts, which makes it rather difficult to follow, three of the accounts are in dispute, and I'm now dealing with the last two, Natwesticon and Barclaysicon.

    The interesticon claim on the charges that were applied by NatWest, have covered the remaining balance, except for 1.92p, and I shall have the greatest pleasure in sending them a letter next month, pesenting them with that fact, plus a cheque for the amount.

    I shall also tell 'em "That's it, you 'aint getting no more"

    One of the "in disputes" is a Barclays, purchased by Cabot - Cabot were easy to deal with, but again, it took ages to get information from Barclays.

    I'm not sure if they are simply in a shambles, due to poor management, and lack of leadership, or whether they are simply being bloodyminded, which again, doesn't say much for their management, [on reflection, it speaks volumes, most of which is unprintable here!]

    We've not sent for a CCA from Barclays, this is an SARicon that we are waiting for.

    My friend has never had any statement of account from Barclays, one cheque, [sent by me last year], which I know was received, has never been cashed, and the whole process of getting this SARicon has been met by what I would call arrogance and dumb insolence - that's when they've bothered to reply, of course.

    That's why I'm refusing to send any more until they pull their finger out - sending threatening letters to customers, whilst not complying with legal requests themselves, seems to be a bad way way to run a company.

    In separate letters, they have referred to "the SAR information", and "your complaint", which makes me think that two different departments are writing about different things.

    Anyway, thanks for the advice,

    Sam

    On behalf of a friend..

    Cabot - Account in dispute
    CapQuest - Account in dispute
    Robinson Way - Account in Dispute

    NatWest - Gone to lick their wounds!

    Barclays - Been waiting for an SAR from this wunch of bankers since 22nd February - [2012]
    In total confusion now, they don't know whether they are on their ar*e or their elbow, but softly softly, catchee monkee!
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  12. #172
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    Default Re: Continuing a financial arrangement.

    Ahaa, that's why I found the thread confusing !! You should have a separate thread for each case, otherwise the info gets very confusing.

    If you want to discuss the Barclaysicon case further, feel free to open a new threadicon here or in the Barclays forum. Start it with a brief summary of events to date for that account.

    If it's in the Barclays forum, I'll see it in due course.

    If it's here in the debt forums and you want my input, send me a PM with a link to the new thread.



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.
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  13. #173
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    Default Re: Continuing a financial arrangement.

    Hi Sam,
    Not wishing to hijack your thread. Just wanted to say your thread has entertained me this evening, in particular your 'Retirement diary'. Most amusing.
    You are very much like myself, in as much as a 'dog with a bone', never give up.
    Your friend has a wonderful friend in you and I wish you all the luck with your quest.
    Go get em........

    Shelley

    Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)
    Citicard O/H (PPI) - **WON** Compound Interest Dec 2011
    Citicard O/H (Charges) Bailiffs sent in August 2012
    Barclaycard - **WON** Compound Interest Oct 2011
    Monument - account information being sought for OH
    [FONT=Comic Sans MS]Citicard - self - N1 submitted August 2012
    Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012
    Barclaycard - relation - Failed SAR sent 29/09/11
    Halifax SAR sent 18/08/2011 for relation
    LTSB - SAR sent 09/08/2011 for friend
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  14. #174
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    Default Re: Continuing a financial arrangement.

    Thank you Shelley,

    It's nice to know that others read the forums for reasons other than giving advice, and that I've cheered somebody!

    Sam

    On behalf of a friend..

    Cabot - Account in dispute
    CapQuest - Account in dispute
    Robinson Way - Account in Dispute

    NatWest - Gone to lick their wounds!

    Barclays - Been waiting for an SAR from this wunch of bankers since 22nd February - [2012]
    In total confusion now, they don't know whether they are on their ar*e or their elbow, but softly softly, catchee monkee!
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  15. #175
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    Default Re: Continuing a financial arrangement.

    I'm back!

    It seems that I still have dealings with Natwesticon and Barclaysicon, before I can finally put this lot to bed.

    At this point, I think it will be best if I open two threads, one for each.

    Can I ask, I know how to start a new threadicon, but do I need to somehow link it back to this one, so that readers will know what has gone on before?

    Sam

    On behalf of a friend..

    Cabot - Account in dispute
    CapQuest - Account in dispute
    Robinson Way - Account in Dispute

    NatWest - Gone to lick their wounds!

    Barclays - Been waiting for an SAR from this wunch of bankers since 22nd February - [2012]
    In total confusion now, they don't know whether they are on their ar*e or their elbow, but softly softly, catchee monkee!
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  16. #176
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    Default Re: Continuing a financial arrangement.

    if you start new thread

    i'll move the relevent posts to each new thread from here.

    dx

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    fed up with DCA's calling get a TRUECALL BOX!! - HERE
    Sort Your Debts Now - - here

    Start Your Own Thread - HERE

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan, Credit Card, mortgage & CAtalogue Charges Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.


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  17. #177
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    Default Re: Continuing a financial arrangement.

    OK, thanks, [that was very quick!]
    Sam

    On behalf of a friend..

    Cabot - Account in dispute
    CapQuest - Account in dispute
    Robinson Way - Account in Dispute

    NatWest - Gone to lick their wounds!

    Barclays - Been waiting for an SAR from this wunch of bankers since 22nd February - [2012]
    In total confusion now, they don't know whether they are on their ar*e or their elbow, but softly softly, catchee monkee!
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  18. #178
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    Default Re: Continuing a financial arrangement.

    Hi sameeagle,
    Glad you are not giving up.
    I had a similar problem with Barclaysicon not providing SARicon information.
    My thread is here:
    http://www.consumeractiongroup.co.uk...72#post3906272

    To cut a long story short - I reported them to the ICOicon who in fairness didn't do alot other than to accept what Barclays had told them. So, I took BC to court to comply with failed SARicon and claimed nominal damages and hey presto, they found my information dating back 10 years and I am just awaiting payment in the next few days for damages *WON*.

    Keep at it.

    Shelley


  19. #179
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    Default Re: Continuing a financial arrangement.

    OK Shelley,

    Barclaysicon have now supplied the SARicon, but it's at my local branch, awaiting collection by my friend.

    We have put in two separate SARicon requests at different times, appertaining to two separate accounts, one was a loan, and the latest is a current account, [probably should have demanded in the SAR, that both lot's of info should be sent, but I didn't know that I would need the second one at the time]

    They sent the first one here, all of my friends post is sent here, but for some reason, they insisted that this one must be collected, [her choice of where].

    She went to visit her family for eight weeks, [six weeks ago], and the letter to say that it's ready for collection came, a couple of days after she had left!

    I'll start a separate thread about that one in a couple of days, so you'll be able to follow that saga - in fact, I think that's what I'll call it "The Saga"

    Sam

    On behalf of a friend..

    Cabot - Account in dispute
    CapQuest - Account in dispute
    Robinson Way - Account in Dispute

    NatWest - Gone to lick their wounds!

    Barclays - Been waiting for an SAR from this wunch of bankers since 22nd February - [2012]
    In total confusion now, they don't know whether they are on their ar*e or their elbow, but softly softly, catchee monkee!
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  20. #180
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    Default Re: Continuing a financial arrangement.

    Hope the package is still there when your friend returns.

    Stay strong & don't give in to them.

    Will follow with interesticon.



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