Steven4064 v Goldfish *** WON ***

**steven4064** · 29th May 2007 23:07

Sent SAR

two weeks ago. Got a phone call icon

from helpful lady saying they wanted proof of ID - at last a financial institution that seems to know what they are doing. Let's see if they can keep it up.

Sent certified copy of passport today.

Steven

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**ellielou** · 1st June 2007 11:46

Hi
COuld you tell me which address you sent the SAR icon

off to. I'm chacing them for charges my ex may have paid. The docs he has are from 2003 so not sure if the address is still the same.

Mnay thanks
Ellielou x

**steven4064** · 1st June 2007 12:02

Hi ellielou

The address we used is

Goldfish
PO Box 3598
Glasgow
G68 9YG

After a week they phoned me (actually I wonder where they got mynumber from? Humm, anyway) and wanted proof of ID. I had to send them a certified copy of my passport - cost me £5 - but they are entitled to that under the Data Protection Act.

Steven

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**steven4064** · 12th June 2007 10:12

31 days in and I have receieved a letter saying they want me to pay £10 for the SAR icon

. Now, I sent them a cheque (got the number) with my original request. If they are going to carry on like this, then we could fall out.

Steven

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Any opinions are without prejudice icon

& without liability.
Almost everything I know concerning the law I learned from this site

**princess_pocket** · 30th July 2007 17:53

Hi Steven, any joy yet with Goldfish?

**steven4064** · 30th July 2007 18:00

Originally Posted by princess_pocket

Hi Steven, any joy yet with Goldfish?

Nope! It's now 38 days since I sent them the second cheque for £10 (they lost the first one) - I'll give them until Thursday - that will be 40 days from when they received the second cheue (Track and Trace says they recieved it on 23 June)

.

**steven4064** · 3rd August 2007 17:07

I phoned Goldfish as 40 days is now up since I sent my second cheque.

You will never guess what!! They have lost that one too!!

They checked on Track and Trace and could see that my letter was receieved on 23 June - the man I spoke to is going down to the post room to find out what they did with it. I hope threir efficiency improves or there is going to be a serious falling out!

**LS123** · 10th August 2007 12:02

Goldfish are a nightmare - I originally requested my SAR icon

back in May - have made 10 calls sent 3 cheques and still nothing! Even sent an email to the CEO and it was never acknowledged!

Reported them to the Info commissioner and they are now going to write to them - so watch this space!

I just hope after all this fuss I actually have some charges - lol

**steven4064** · 10th August 2007 14:18

Yesterday, finally, I got my statements after phoning them on Friday and them phining me back on Monday.

**jaxads** · 10th August 2007 14:24

Hey Steven - you're having a time with this lot aren't you. I hope you've lots of nice charges on there that you can claim back

Best wishes

**steven4064** · 10th August 2007 15:07

Now I've got the statements we're on my timetable not theirs. Charges are justr over £200 and interest icon

almost doubles it. So, worth going for. Here is the preliminary letter

Goldfish
PO Box 3598
Glasgow
G68 9YG

Request for repayment of charges

Dear Sir/Madam,

ACCOUNT XXXX XXXX XXXX XXXX

I have recently come to realise that the fees which were applied to my accounts in relation to late payments substantially exceed your costs in handling these events and amount to penalty charges, which are contrary to common law and to the Unfair Terms in Consumer Contracts Regulations 1999.

This letter constitutes a formal request for you to repay £x in late payment charges and listed in the attached schedule, plus interest of £y based on my bank’s authorised borrowing rate of 14.9% compounded, which is what it would have cost me to replace this money, making a total of £x+y.

This letter is not a complaint and so I do not expect it to be treated as such. Rather, I expect a positive response within 14 days accepting my request in principle. I believe that this is more than sufficient for a large company such as yours with dedicated staff and large resources.

Yours faithfully,

Steven4064

**steven4064** · 6th November 2007 23:07

Let my timescale slip a bit on this as I've been busy with other things. lba icon

in the post in the morning.

**Paintball** · 27th November 2007 17:05

Originally Posted by steven4064

Let my timescale slip a bit on this as I've been busy with other things. lba icon

in the post in the morning.

It's all too easy to let your timescales slip a bit Steven, I'm about to send a prelim to Capital Bank that should have been sent in October

Never mind, better late than never.

Please can I use your prelim above? I propose to tweak it a bit for my own use. TVM

**mrsfoot** · 2nd December 2007 22:15

Steven who do you propose to name on the court papers? Is it Morgan Stanley / Lloyds icon

TSB or Goldfish? Reason I ask is i am in middle of claim and they are stating (Morgan stanley) saying it is not there fault? Would appreciate some details if possible

Thanks

**steven4064** · 2nd December 2007 23:30

Hi Mrsfoot

I am going to name Goldfish Bank Limited (T/A Goldfish) as that is the company name on the letters they have sent me. Registered office is 2 Hertsmere Road, London, E14 4AB, which I will use rather than the Glasgow address which I have been corresponding with so far.

I hope to file the claim Monday or Tuesday this week. I will post the POC icon

I use later, in case that's of interest icon

to others.

**steven4064** · 4th December 2007 22:48

Just discovered they sent exactly 6 year's worth of statments in response to my SAR icon

. That will not do. Sent a stiff letter asking for the rest. Court claim will have to wait a couple of weeks.

**LS123** · 5th December 2007 15:38

I finally received my statements after 6 months from Goldfish - they have requested that I write to Lloyds icon

TSB though as apparently Morgan Stanley didn't own Goldfish when I held my account.

I am now at lba icon

stage with Lloyds and have only had a standard letter telling me about bank charge claims being on hold - not sure what that has to do with my credit card claim.

Am due to file at court next week - should I continue with my Lloyds details or go for Goldfish... I am V confused.

LS

**steven4064** · 5th December 2007 17:19

You should go with Goldfish as that is the company your contract is with. The fact that Goldfish is owned by ltsb icon

is irrelevant - they are just the shareholders.

In you claim, name "Goldfish Bank Limited (T/A Goldfish)" and give their address as the registered office:

Hertsmere House
2 Hertsmere Road
London
E14 4AB

Keep us informed - do you have your own thread? If not, start one and we'll keep in contact as we go through the process roughly in parallel. (my claim is going to have to be postponed for a couple of weeks - see above).

**steven4064** · 19th January 2008 16:21

I receieved a reply to my second Subject access request icon

on 8 January and there are more charges in 2000 and 2001. I am therefore sending a second LBA (to override te first). I have also revised the interest rate I am going to claim in restitution for Goldfish's unjust enrichment - 17.9%APR. I have also pre-empted a discussion on the Limitation Act 1980:

Goldfish
PO Box 3598
Glasgow
G68 9YG

letter before action

Dear Sir/Madam,

ACCOUNT XXXXXXXXXXXXXX

I wrote to you on 11 August requesting repayment of £xxx in unlawful late payment charges. I also sent a letter before action for these amounts on 6 November 2007.

Having realised that your reply to my initial Subject access request icon

under s7 of the Data Protection Act 1998 was incomplete, I sent a further request which you replied to on 9 January 2008.

Using this information, I calculate that between 4 February 2000 and 13 March 2005 you added unlawful charges to the above account totalling £xxxx and levied interest on those unlawful charges of £xxx. I am therefore requesting repayment of £xxxx. The charges and interest thereon are listed in the attached schedule.

If I don’t receive a positive response to this request within 14 days I will make a claim in the county court icon

without any further notice.

I am also requesting payment of interest of £xxx as of today’s date based on your credit interest rate of 17.9% APR compounded, as restitution for Goldfish’s unjust enrichment by making unlawful charges to my account, making a total of £xxx. The interest will continue to accrue at a rate of 0.0451%/day.

I realise that some of the charges I am reclaiming were levied before 21 January 2002, that is, longer ago than 6 years icon

. Because this action is based on simple contract, s5 of the Limitations Act 1980 would be thought to apply and the action to be time-barred after the expiration of six years from the date on which the cause of action accrued – the cause of action being, in this case, the levying of the respective unlawful late payment charges.

However, I did not seek repayment of the charges at the time because I mistakenly believed them to be lawful and therefore paid them mistakenly. I have also recently discovered that Goldfish have systematically and deliberately concealed the true nature of the charges they have levied, facts that are relevant to my right of action.

I will therefore be claiming that s32 of the Limitation Act 1980 applies as the action is for the relief from the consequences of my mistake (s32(1)(c)) and that Goldfish have deliberately concealed facts relevant to my right of action (s32(1)(b)). The limitation period of 6 years thus begins from the point where I could reasonably have discovered my mistake and your concealment, namely the broadcast of the BBC’s Moneybox programme on 18 February 2006.

Yours faithfully,

steven4064

**patrickq1** · 19th January 2008 17:04

However, I did not seek repayment of the charges at the time because I believed mistakenly (BASED UPON YOUR OWN INFORMATION)for them to be lawful
would that not be easier based on their mis information steve just a thought to say they were mis leading you
patrickq1

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