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)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    alisonmcmorrin Novitiate

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    Default Non Compliance Of S.a.r.

    HELP!
    I sent my SARicon to Eggicon on 26th March 2997, they sent me back a letter stating they require ID. This has been sent and acknowledged.
    They have still not sent me my statements so am sending a non-compliance letter today.

    I read on other threads that some people are 'estimating' charges and sending a prelim with an estimate. Should I do this, or go through court proceedings (which I really don't want to do at this stage).

    Anyone any ideas what I can do now?

    Thanks

    Similar Threads:
    RBS
    13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL
    Cheltenham & Gloucester (ERC's)
    21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!


  2. #2
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    Default Re: Non Compliance Of S.a.r.

    How long did they take to request the ID?

    They took 3 weeks to do that with me, I told them the 40 days stood regardless from the day after receipt of my request (as any reasonable judge would consider 3 weeks an unnaceptable time frame in which to ask for ID!)

    I'd really try go get the catual data rather than an estimate, only use this once they have taken over say, 60 days (at which point you could issue a non compliance in court for the SARicon as you have given them every opportunity)

    omnia praesumuntur legitime facta donec probetur in contrarium


    Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

  3. #3
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    Default Re: Non Compliance Of S.a.r.

    No way estimate your charges.
    You will not have a leg to stand on in court. Eggicon will know this and will dare you to go to court.

    Statements WILL come. But see in V-E Day Thread the wide variation of time required for resolution, depending on different techniques.



  4. #4
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    Default Re: Non Compliance Of S.a.r.

    Eggicon delayed my S.A.R - (Subject access requesticon) for ages. After the first 40 days I sent them a warning then they sent me a letter requesting some form of I.D. I sent this then had it returned three weeks later with a letter saying they would now send my information within 40 days. They didn't and I sent them the following:

    Data Request Team
    Point North
    Brierley Hill
    DY5 1LU


    Your Ref: XXXXXXXX/XXXX/Box XX
    Dear Ms Wiseman,

    I have written to your organisation on three occasions commencing on 1st February to request a fully comprehensive list of all the default charges I have paid over the last six years.

    Three months later I am still waiting for this information. Quite frankly I am shocked and disgusted at your blatant disregard for the law concerning the Data Protection Act and I demand that you send the information immediately. Should I not receive this information within seven days from the date of this letter I shall not hesitate to present my case to the Information Commissioner.

    Yours sincerely,

    XXXXXXXXX


    I recieved a very comprehensive bundle of information on saturday - a disgraceful 117 days from the original request. Still, it's here now and I quickly totted up over £300 in charges which I shall request back this week.

    I think patience is the key, though I will not be so patient for the next stages of the claim.


  5. #5
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    Default Re: Non Compliance Of S.a.r.

    Hi

    I am having similar probs to what you went through with Eggicon. I first requested my data in April. I have sent my cheque which they returned once. I sent it back but they have not cashed it yet. However, I cannot get a response from them about what ID I need to send. I would be really grateful if you could let me know what sort of ID they requested from you.

    Many thanks
    B.


  6. #6
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    Default Re: Non Compliance Of S.a.r.

    Hi,

    in my case they adsked for a credit card bill

    Bear in mind though, that if yo are asking for the data to be sent to the adress your Eggicon bills go to, they are being unreasonable

    Accordingly, send them the I.D but then complain to the ICO for the length of time taken (as the 40 days begins when they receive your formal request, not when you send the ID back

    Also, if it goes on to long, consider court action

    omnia praesumuntur legitime facta donec probetur in contrarium


    Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

  7. #7
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    Default Re: Non Compliance Of S.a.r.

    Bellacat, I believe Eggicon wants a photocopy of passport or drivers licence, plus one (or two?) utility bill originals showing your name at your address (returned). Uniquely among credit cards, Egg does not post monthly statements. With all communications via secure email, an Egg customer could have moved address 5 years ago and Egg would be none the wiser, so the ID check arguably protects the cardholder as much as Egg.

    The full option involves a stack of paper an inch thick including numerous screen prints taken individually by hand. The statements contain the flucutating monthly interesticon rate, so this option would be preferable if you intend to reclaim compound interest accrued on unlawful charges. The £5 option returns just a list of charges levied, and most likely come back much faster. Once you have the statements the rest will be easy, with winners in recent months not even bothering with legal forms, full repayment within a week or two, provided you follow the proven steps, see V-E Day index of winners.





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    Default Re: Non Compliance Of S.a.r.

    Or you could try sending them an email through their secure messaging service....i just copied and paste my SARicon request and told them to take £10...they hardly need id confirmation this way...try, may work for you as well!

    Andy


  9. #9
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    Default Re: Non Compliance Of S.a.r.

    Thank you to everyone who responded to my email.

    I tried sending them another secure message - first of all I had a really unhelpful email that did not answer my question. Then I received an Eggicon research survey that asked me how well my query was answered..I obviously ticked all the 'poor' boxes. I then received another email from a different person, apologising for their colleagues response and told me the date that my data request had begun and that I did not need to provide any further ID.

    Fingers crossed this time!!

    thanks again
    B.


  10. #10
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    Default Re: Non Compliance Of S.a.r.

    FWIW if the statements dont turn up after 40 days send them an lbaicon and give them a further seven days then file at court.

    If they dont ask for Id promptly then they cannot rely on the lack of ID as a reason for holdingup your id. If you are a current cleint then i suggest that when you send the SARicon you support it with a request via their secure system as validation.

    JMHO

    Glenn

    Kick the shAbbey Habit

    Where were you? Next time please


    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
    Abbey 2nd claim, two Accs - claim issued 30-03-07
    Barclaycard - Settled cheque received
    Egg 2 accounts ID sent 29/07
    Co-op Claim issued 30-03-07
    GE Capital (Store Cards) ICO says theyve been naughty
    MBNA - Settled in Full
    GE Capital (1st National) Settled
    Lombard Bank - SAR sent 16.02.07
    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE