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ntl-guy

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  1. This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. Tell me about it, within an hour of my refusal to accept £110, they upped the offer to £367:eek: Now, the thing is this, if they were acting in a lawful manner as far as charges etc. go, why would they be offering to give me some of it back??????? Goodwill gesture my A*se! They're running scared and playing hard ball (or should that be school children) hoping that if they fob you off, that you'll just go away! Well, Not this guy, ALL THE WAY FOR ME! I would really love to see them squirm in court when I produce the letters, emails, faxes, manual records of telphone conversations etc. etc. OK, an outlay of £120 to issue the court claim (in my case) but it's well worth it. I'ld sooner pay £120 to get my money back than lose £1100 accepting thier offer, & I'm sure most people on here would agree with me! Anyone who doubts my way of thinking, just read through all the success stories on here. Personally, it may not work for everyone, but in my case, I've found that bombarding them with emails, faxes, phonecalls etc. has provoked a much quicker response. :grin: LBA to get sent 12/05/06 - BRING IT ON :grin: :grin: :grin: Cheers, ntl-guy.
  3. Thanks for that, just sent em the following: Monday, 08 May 2006 Dear Mr Robertshaw & all other recipients of this communication, It is now clear to me that this matter is not being dealt with seriously, so let me clarify MY position: 1.You have unlawfully taken the sum of £1485.55 from my accounts. 2.You have consistently avoided the issue with customer relations staff regularly deleting communications from myself. 3.You have failed in your responsibilities as my fiduciary. 4.You have still failed to comply fully with my Data Protection Act disclosure request. I have fully documented proof of the above four points. I will certainly be making a complaint to the Financial Ombudsman Service in addition to my complaint to the Information Commissioner. Meanwhile, you have until Friday 12th May to give me a satisfactory response or issue a FULL refund before I issue a Letter Before Action. Please let me clarify just one more thing, if the situation does not get resolved amicably and does get to the stage where a county court claim is issued, I will also be adding court costs of £120 and interest at 8% APR. I hope this clarifies MY position. I look forward to your swift response and co-operation in this matter instead of ignoring the issue just like so many of your colleagues. Kind regards, So let's see what happens now!
  4. Well, spoke to Mr Robertshaw, and explained that this was completely unacceptable etc. etc. (in the nicest possible way ) and then got the following reply: Dear Mr ME, If you are not prepared to accept our final offer, then it is apparent that we are unable to negotiate an amicable settlement to your complaint. Once again I would reiterate, we will not refund all of the charges and our offer is purely made as a gesture of goodwill to resolve your complaint. Furthermore, any further charges you incur in the future will stand. Under the circumstances, I will issue a letter to you giving referral rights so if you wish, you can now take your complaint to the Financial Ombudsman Service. This letter is the company's final response to your complaint. I realise this may not be the route you wish to take, and may choose to issue a County Court claim against us instead, that of course is a matter for you to decide on. I trust this has clarified our position. Kind regards. Now, the question is this: Do I just let time run it's course or does someone have a great answer that I can reply with? Bearing in mind that I'm due to send an LBA in 4 day's. Thanks in advance. ntl-guy.
  5. Guess what, I sent the above via email and now they've upped the offer to £367 being 6 months charges etc etc. gonna reply back explaining that we're not playing deal or no deal here and that the clock is still ticking etc. wonder what other people think????? ntl-guy.
  6. Just had a conditional offer of £110 (pah) from Damian Robertshaw, Drafted the following reply and wondered what other people thought before it gets sent: Dear Mr Robertshaw, I find it somewhat bemusing the you have again unlawfully taken the sum of £39 from my account on the 4th May, this now brings the total I am pursuing to £1485.55. With regards to your offer of settlement in the sum of £110.00 I would respectfully refer you to the reply in the case of Arkell v Pressdram. I would further like to remind you that you have 4 day’s remaining in which to either reply with a satisfactory response / payment in full, before I will issue you with a Letter Before Action. I look forward to your swift response and co-operation in this matter. Kind regards, Mr ntl-guy
  7. Just received a letter from Helen Kirwin, standard reply buy the look of it "you will receive a reply shortly but certainly no later than 4 weeks" cheek of it! along with a complaints leaflet "how we'll handle your complaint" blah blah blah Thinking of sending them a nice gentle reminder email telling them that it is I who is setting the timescale and they've got 8 days remaining in which to provide a satisfactory response/full refund or I'll be sending them a LBA
  8. remember to log-into the forum before searching as a few threads/sections will just appear blank if you don't log in
  9. Surprise surprise, received a letter saying "we're gonna take you for another £39 quid cause we couldn't be bothered to let your account go overdrawn by £2":-x I remember reading a reply someone sent in the same situation but can't seem to find it:| any advice would be appreciated:)
  10. I have a letter from my local branch where they state "I have been advised from our customer relations department that we will not charge a fee when a request is made under Data Protection Act" Would be happy to scan and email it to admin if it would be of use in someone elses predicament. Regards, Tony.
  11. Well, finally my second lot of statements came through today, totted all the charges up and they came to £1446.55 so sent em a letter asking for it back:) 14 day's & counting. Lets see how long it takes em to respond.
  12. Noted:wink: I thought that sending via fax & email would be a lot quicker in getting the ball rolling as they are both seen as acceptable forms of communication, I would also have delivery receipts for both if they were sent that way. Thanks for your help:D
  13. Well, totted up £801.90 on account 1 and was wondering if the following would be ok to send via fax immediately or should I wait for the statements for account 2? :? Mr ntl-guy ARCM LRAM FTCL [my address] Tel: *********** Mbl: *********** Fax: *********** Halifax PLC 10 High Street Cosham Portsmouth PO6 3BZ cc. Customer Relations via email Thursday, 27 April 2006 Request for repayment of charges Dear Sir/Madam, ACCOUNT ROLL NUMBERS: D/********* & D/********* My request I am writing to ask you to refund to me the charges which you have levied from my accounts over the last 6 years I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not then you will pleased to demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs. Additionally it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. Your responsibilities I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. You concealment of the true nature of your charges has prevented me from asserting my right until now. What I require I calculate that you have taken £801.90 inclusive of unauthorised overdraft interest resulting from these unlawful charges for the sum which you have taken from roll number *********. In respect of roll number ********* you have still failed to fulfil your obligations under the Data Protection Act disclosure request I made, so I am forced to make an estimate of actual charges levied upon my account where I would expect to recover no more than £900.00. Total = £1701.90 Plus Interest at 8% per annum. Additionally you may have entered a default notice against my credit record. The resulting default would occur merely in respect of unlawful charges levied by you or would be the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. In addition to full payment of the sum mentioned above I require that you remove any default entry from the register. Please note that mere correction or amendment to any entry that you may have made will not be acceptable. My targets to resolve this matter 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 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment. If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Yours faithfully, Mr ntl-guy ARCM LRAM FTCL also don't know what to do about the manual intervention thing:-? Thanks.
  14. The information they sent had blocks of months missing where I know for a fact I incurred rather hefty charges. However, I received a full set of statements for the 1st account this morning, wondering where the second set were, I decided to phone my local branch. I had a very polite and helpfull conversation with the assistant manager. I thanked her for the refund of the £5 fee I paid and explained that I had only received the statements for account 1 mentioned in the DPA letter & was wondering if there had been a slight oversight on their part when statements were ordered, she assured me that no oversight had taken place and that they actually use 2 systems, so infact, both sets of statements had been ordered twice, and account 2 should be with me within a couple of days. So I'm going to be busy with the highlighter pen and excell today working out how much they've taken me for, and await the arrival of the second set of statements. The point remaining still is the matter of manual intervention mentioned in my above post, have emailed Customer Relations on this and faxed Kenneth Graham, but hey presto.......diddly squat:mad: (surprise surprise) So what would be the best way of dealing with the manual intervention thing?:? Thanks, Tony.
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