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I asked them for the information re: DPA of the account. They or I never mensioned any money so I never even paid them yet I received the information in about 2 weeks. Good result.
I'm sending out the FIRST LETTER TODAY which allows them 14 days in which to refund me the full cost of charges.
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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
Thank you for your recent letter and I apologise for any dissatisfaction caused by the application of charges to your account.
We believe that our charges are fair, reasonable and transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff, which we are satisfied complies with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operation of our products.
Against that background, we must differ to the views expressed in your letter. Accordingly, the charges that have been applied to your account must stand.
I am disappointed to note that you are contemplating legal action against the bank. Whilst I hope you will feel able to reconsider, should you decide to go ahead, please ensure that and proceeding are served on our Registered Office address, which appears on the foot of this letter.
However, thank you again for taking the trouble to write.
Yours sincerely,
Stuart ******
Customer Relations
I am waiting until the 14 day's off the first letter I send ends (17th April) before I send the "letter before action".
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_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
Please can I ask what you recieved as part of your DPA request as it seems most people aren't getting a full DPA but just statements. Did they send any notes or any details of manual intervention (or say there was no manual intervention)???
The point here is that you have asked under a DPA request for the evidence of manual intervention. If they later decide to produce such evidence as a defence in court their defence would be somewhat compromised. It is often a case of not what they say, it is more what they don't say.
Alan, Derby, UK.
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_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
As what AlanfronDerby said:
They only give you notes of manual intervension if there is any.
If there is and they don't give it to you, but use it in court, there defense would be thrown out.
Thank you for your further letter. There is nothing that I can add constructively to what I shared with you on 5 April and I note that you now propose to initiate legal action.
Can I remind you that the address for papers to be served upon is the Registered Office address, which appears below.
Yours sincerely
Stuart Higley
Senior Manager
Registered Office address is:
National Westminster Bank Plc,
135 Bishopsgate,
London
EC2M 3UR
The problem now is that this account is my wife's and doesn't want to go to court!
Any ideas?
The problem now is that this account is my wife's and doesn't want to go to court!Any ideas?
Hi,
Without wishing to sound harsh, the FAQs, and almost every other piece of advice on this forum, is that you MUST realise that your case could end in court. Whilst it is VERY unlikely that the bank would allow it to go that far, you MUST be prepared for that eventuality.
Effectively, if your wife absolutely 100% does not want to run this risk, and therefore you do not raise a claim, then you are left with few options. Any dialogue with the bank will result in them having the upper hand if you appear to back down now.
This really is a case whereby you and your wife must make the final decision. Whatever that decision is, we all wish you luck.
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
The bank are using scare tactics and it's obviously working.
It is highly unlikely the case would go to court and you will know this if you read around the forums. They will give in once you start the court proceedings.
Other than that maybe you could support your wife by acting on her behalf? It's discussed here:
maforduk, I have posted a reply on your other thread. Please keep to one thread or it gets very confusing. People want to help and advise you but it is difficult when you have several threads on the go
The problem is that whilest i understand the worries your wife may have, you knew it would probabally get to this stage where you needed to file a claim to get the charges refunded...
Its going to be a personal decision, I would not back out but then I am well aware of all the in's and out's of claiming, and the fact that I have to be prepared to follow through with my threats of legal action.
Anyway I would persuade your wife to carry on...whats the worst that can happen?
Thanks for your advise. I created the other thread as I was unable to change my Thread Heading!
I personally intend in going all the way with my Barclays claim.
However, for this one, Is there any way that I may Act for and on behalf of my wife? I have looked at the threads where by my wife can write to the banks but was wondering if it is too late for that?
I think she will let me no problem, was wondering basically if it was too late to get the letter to the bank stating that I would be persuing on her behalf.
Forum clean up - your claim threads have been merged. Please try to keep all posts about your claim to a single thread only. Thanks
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.