Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Ring MBNA to save time. Contact is Paul Miney on 01244 - 672628. Ring him and ask for your late payment fees plus the compound interest on that sum. He will offer you a "goodwill payment" first...decline. Ask for the total plus compound interest. He will work out what that is and ring you back with a figure eg my claim was £550 compound interest £590....therefore total claim was £1160. Paid up in 48 hours!
BOS less helpful...fob you off with letters saying will reply in 4 weeks, then need more time 4 more weeks. Stick to your deadlines. Good luck!
I am disappointed not to have recieved the information I requested
within the 40 day period permitted by law. This is in spite of the
fact you re-assured me only 4 days ago that the information would
arrive on time.
If the information has not arrived within 2 working days, or a
satisfactory explaination is not given within the same timeframe, I
will have no option but to raise a complaint with the Information
Comissioner, and to lodge a small claims action to force you to comply
with my Data Protection Act Subject access request.
I look forward to hearing from you before close of business on Friday
13th October.
OK guys, I've had no response from Nicola, so I think it's time to start thinking about small claim action for Data Protection Act non-compliance.
I filled out the paperwork, but had a couple of queries so sent the sheriff court a quick email (although perhaps you guys might know):
Dear Sheriff Court,
I am currently filling out a small claim summons against my bank as
they will not supply data which I am entitled to under the Data
Protection Act. The Claim (form of decree or other order sought) box
reads:
The Pursuer seeks an order against the Defender requiring them to
fulfill their obligations under the Data Protection Act 1998, together
with the expenses of bringing the action.
What should I put in the "action for/of" box? I assume because the
action includes a payment of money, it should be "payment", but please
clarify this.
Also, I plan to file this case by post as I am currently abroad. Can
you tell me how I should go about doing this?
Best wishes,
edinburghbeerbucket.
Will post the response when I get it. I think I emailed the court before and they responded quite quickly.
Complaint sent to information commissioner today for non-compliance. Don't really want to go through the hassle of small claims court for this part, so fired off an email giving them a last chance:
Go this email from Ken today:
You are correct in your assumptions, there are two ways we order statements, one involves them being sent to my department for checking and are issued by special delivery, others are requested to be printed and despatch as if it were normal statement. However, this can result in a large number of envelopes being generated so it is not the preferred method. The statements that I have run from late 2000 to May 2004.
I'm interested to know why the statements need to be "checked". Surely it's just a case of printing them and putting them in an envelope. Anyone know why?
Will be posting this off to The Mound tomorrow morning:
REQUEST FOR REPAYMENT OF CHARGES
Dear Sir/Madam,
ROLL NUMBER XXXXXXXXXX
I am writing to ask you to refund to me the charges you have levied against my account over the last 5 years.
It is my opinion that the fees you have applied in respect of unauthorised overdraft fees, account maintenance charges, refused direct debits, etc are a penalty charge designed to gain profit for the bank, rather than a true reflection of the liquidated costs of the bank for my breach of contract. As such, these charges are a contravention of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.
I enclose a schedule of the charges I am claiming with this letter. I calculate that you owe me £1576.50. This amount, (C) in my schedule, is calculated by taking the charges applied (A) and subtracting the refunds of charges you have already applied (B).
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.
I will give you 21 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.
Should you choose not to respond to this letter, or if you fail to comply with my request, I will proceed with a small claim action to force your compliance. This will carry with it additional costs (in respect of court costs) and interest at the rate of 8% per annum from the date of service. I’m sure you will agree this is an unnecessary complication for both of us. I am aware of several precedents which support my claim, and it is in both our interests for you to settle this matter now before we enter the domain of the court system.
I look forward to hearing from you before 16 th November.
I've been away for a while so here's a wee catchup:
7th Nov 06 - Letter from Joanne Carmichael - "we're dealing with your complaint. You will recieve a reply no later than 4 weeks from now."
1st Dec 06 - "Sorry we haven't dealt with your complaint. You will recieve a response no later than 4th January"
21st Dec 06 - Offer of £920 in Full and final settlement.
I was away for a while and didn't get round to responding to this last one til last week. I called up to ask them to increase the offer. They offered £1150 (or thereabouts). I said to the guy "I have the court forms all filled out in the bank's name, this is the final chance I will give you before I have to add on court costs, etc. How about the full amount?"
"That's your desicion, sir."
So I posted off the first small claims summons yesterday.
edinburghbeerbucket -v- Bank of Scotland
(S.A.R.) sent
Reply With Quote
Originally Posted by edinburghbeerbucket
not a proffessional sounding response!
