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I'm now am making a request under the DPA to my credit card company, however I plan to ask for a summary of charges but have realised they have been charging the interest on the the charges also, is it ok for me to request this information also ? so then I can just wack these in a spreadsheet to claim my 8% or will they not do this.
In the Durant vs Lloyds (2004) case the judge ruled that bank statement information is "personal information" and thus all information that is in your statements is covered by the act; couple that with the fact that it is for a prospective legal case and they HAVE to give you the info under the DPA.
Made my request today in letter format, I used recorded delivery as the first letter was not responded to there fore I have some proof.
Any information about when you go to the information commisioner when they don't comply, though I add that if there was a problem complying or the request was not understood then I should be contacted Immediatly.
One of my card companies caved in staight away when I brought up fact that I had no responce from my letter sent to the recently, shame it was only 4 * 20 pound charges, but the best thing is they said I could have more..... i gone back to my online statments and sure enough they have given me not only 80 pounds back they seem to of gave me a settlement to. Very nice....... how ever I belive that with this company if it had be a lot more it would not of been so easy.
I have had 2X20pound charges as REFUND in the last couple of days, thing is whether they plan on doing this every month till we are square I really don't know.
I have had no responce from the credit company, apart from a missed call that I assume was them..... they seem to be a bit more clued up than the banks, as the are putting them as REFUNDS on statments and not offering goodwill geustures.
Can we grab these goodwilll geustures ? As thats all they are and nothing to do with the charges so to speak, mearly a goodwill for the hassle they have given you..... they can't turn round in court and say but we have already refunded them X amount(as it was a goodwill geusture) - surely the court would not back them up ?
ok so it seems as if I took the wrong order of recovery with my credit company, they obv know my intentions as I sent them a "first letter" at the beginning of jan, with this it brought the last 2 charges as refunds on statment and goodwill guestures in the letter.
However I never asked for a scedule of charges until after my first letter, this has now put my account on 'high alert' it seems, they are not happy to cooperate with me in other words.
Thing is I now have to sit out the full 40 days before I can do anything else.
At this point the Information commisioner seems the first choice, but could it be speeded up by making a claim for a unkown amount, based on the fact that they are not complying with the DPA there fore do not know the amounts charged.
On another note, another credit comapany who defaulted me(about a day after I reckon they recieved the first letter), then passed on to agency....... I paid the agency x amount who said this will clear the account and thats that, However they now demand further monies(the amount I was contesting) back. Do I have any ground to stand with regard to the telephone conversation I had when I paid the 3rd party?
later today I will be contacting both parties, I will be recording conversations also.
As far as I know the credit company has stopped the account, yet I can still access online statments. I can see that the money has been passed from the agency to the credit company, but not cleared the total amount(half expect a trick where they think i'll just pay it anyway).
Thing is the agancy claims its now entirely there matter and not the credit companies(can't see why I can see transfer of money on my statment), am I allowed to start proceeding against the agency ? If they now turn around and say its the credit company things can get more complicated.
As far as suing for an unknown amount, I'm sure that you can't do this and the court would not be interested in hearing that it was the defendant's failure to provide you with details of your own claim. They are quite separate issues.
Are you really in that much of a hurry? Unless some of your claim is coming up to 6 years old and about to become time-barred then go through the hoops.
Have you received an acknowledgement of your DPA request?
If you haven't then send them a copy of your request again. Do you know the name of the person in the company who is responsible for DPA matters? Find out and send a copy of your request - not a new request - to that peson.
Find out the name of the comapny secretary? Send him a copy with a note that the company apperas not to be complying.
The moe you can show you try, then the less the IC will like it when you complain and the less the court will like it when at trial you can demonstrate that you have tried to obtain details and they have not been forthcoming.
As for suing for an uncertain sum, you could sue initially for a figure which you reckon is the top end of your claim including interest plus, say, 20%. The you can amend it downwards when you get the information which you require.
So, you would say "the Claim is for £XXXX+20%.00p which the defendant has taken from the Claimant's bank account in charges.
The said charges are invalid as they are disproportionate penalties or in the alternative they are unreasonable."
Thus would get the ball rolling. You could supply an amendment later on. The chances are that they would ask you for better particulars of the claim which you are making but you can deal with that later. I would refer them back to the statements which they are holding and at disclosure they would have to produce them - which would give you a further opportunity to amend and to refine your claim.
you CAN sue for an unknown amount. you can specify in court how much for in your particulars of claim - for example "up to 2000". the court will then set damages after having considered the case.
The credit company hang themselves ?, these are the select phrases used.............
"in your credit agreement, the contract you signed before we opened your account, ......."
this establishes the fact that credit agreement is a contract
"Since you went overlimit, you also withheld payments to you account. By withholding payments you're breaking the terms of you credit card agreement."
so thats saying the contract was breached, thus it justifies their charges
"we've correctly added charges to your account"
thats saying they where right in doing so
"i'm afraid if you don't charges will be added and we may be unable to help again."
I fail to see how they have helped me, its them who should be afraid !
Thats hook line and sinker, surley
I will be able to take a photo of the letter once my camera is charged, actually I may do it on my phone will send it to you later if you think it will make good use.
If you sue for an unknown amount I believe it is referred to as unliquidated damages, and you should complete the relevant section of the claim form by stating - I cannot say how much I expect to recover
I'm sorry but I don't think that a penalty is the only natural consequence of a breach of contract.
It is entirely arguable that the breach resulted in the need to provide other services in order to deal with the breach or to limit the damage caused. After all, the breach - not having money there to support a direct debit - does put the bank into a positon where presumably they have to activate a mechanism to inform the beneficiary that the debit has failed. They have to send a letter to the customer to inform them of this. So there is some expenditure. Therefore there must be some element of service involved.
A pure penalty would be "OK you've breached the contract, it hasn't bother me at all. It hasn't cost me anything at all but you now have to pay me £100. That would be a pure penalty
This view of mine may not be a popular view but don't forget that the only case which was lost on this issue was precisely one where the judge found that there was service and that the bank were allowed to profit from it.
I do think that it is wise to try and see all the angles. Otherwise when we run into that brick wall which might be just around the corner, it could really hurt.
In that case we have to start dealing with the extrotionate nature of the cost of that service. That is where we have to start arging that it is a penalty disguised as a service.
8)
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I contact egg on the grounds that a default issued literally 1 day after my initial complaint was against 13.6 of the Banking Code.
Apparently the people who could deal with this had just gone home LOL, they promised to call back the next day........
They called back the next day and I explained the situation, there representative said they can't see what the problem is now, my account was showing a balance of 0.00, I said this can't be as it said 606.68.
They reckoned the date of the letter of the default was 1 day before my complaint letter, it was a week later !
I said I will have to take this up with the FO, they said ok and the call was ended.
I look at my online account(where it always takes 3 days for transactions to show up) and surprise surprise my account shows 0.00.
and a transaction dated the same day shows(how can that be !)
ADJUSTMENT CL280 or simular code is all that it shows
All in all a result, but they have basically done a cover up job.
Good news, a reminder to CapitalOne produced copies of my statements.
They did not however give me a schedule of the charges and the interest accrued on them.
Looks like they want me to do some work!, anyway I intend on calculating the interest I have been charged on the charges.
It gives a % on each statement how much the interest is for cash and purchases, does this mean they are trying to say they have never charged interest on the charges :? .
Can anyone give me guidence on how to make these calculations.
I can work out how long the charge has stood on the account, and am counting them to be the last item paid off so to speak, no doubt they will try and claim they are the first thing to be cleared !
my my interest per month 2.207 % (bloody disgusting)
so my interest is calculated from the date of statement to the next one ?
all I do is take the amount of charges standing on the account at the end of month, then multiply this by 0.02207 to find out how much interest they have charged me on my charges per month ? yes ?
You got to love it, theyhave sent me another letter today asking me for a £10 cheque for statement infomation, shame as the statments arrived 3 days ago
this letter contain yet more "evidence" against them :twisted:
loverly, just now have to make my claim on friday.
How ever, if I sent them a full satisfaction letter, but it did not state the amount they owe me does it matter ? afterall they know how much they have taken.
"Given the tight time limits, I would be grateful if you could telephone me upon receipt of this letter, to confirm your acceptance of this offer or otherwise"
Credit card charges and there interest ?
on the the charges also, is it ok for me to request this information also ? so then I can just wack these in a spreadsheet to claim my 8% or will they not do this.
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