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verdant

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  1. The 30 day deadline depends on when you measure from. I first contacted Uber's support team using the in app function on 15th June and asked for all the data Uber hold. They received my formal request using the CAG template on 5th July. I received their response on 31st July.
  2. I have a credit card statement and a Paypal statement that show that I have made the payment. I sent a SAR and they responded with their standard data. The data provided contains no payment history, which they must have. If they didn't they couldn't claim I owed them any money.
  3. I've received Uber's response to my SAR. It's exactly the same information that I got at the start of June by following their process to download my information. So that's not massively useful. Is there some specific information I need from Uber before I can commence action?
  4. Sorry I've not been around to respond to this. There has been a lot of other stuff going on in my life like dealing with my mum's estate and the 6 month anniversary of her death. Where do I send the subject access request? The Uber website has two postal addresses, one in The Netherlands and one in the USA: Uber B.V. (Mr. Treublaan 7, 1097 DP, Amsterdam, the Netherlands) Uber Technologies Inc. (1515 3rd Street, San Francisco, CA, 94158, USA) https://www.uber.com/legal/en/document/?name=privacy-notice&country=great-britain&lang=en-gb
  5. Since my I made my initial post Uber has accepted there might be a problem and has escalated the issue to another team. They say they can't provide a timescale though. I've also followed their SAR process and downloaded what they describe as all the personal data they hold about me. It doesn't contain any financial transaction records, so it's clearly not all the data they hold. Here is what I intend to send about the incorrect data: Does that seem OK? I will send it electronically, do I also need to send a letter?
  6. I've asked them to correct the record and they have refused. I haven't paid them any further money. I've sent them evidence that I paid the original amount and that £4.50 was refunded.
  7. This was the exact problem. I only found out last night when I tried to order and the app said I had to pay £66.13 before I could place any more orders. I would definitely be up for suing them. They've made it clear they have no interest in dealing with the problem.
  8. I want Uber to correct their record. I don't owe them any money. In some ways it would be easier if they were taking collection action against me. At least they wouldn't have a leg to stand on if it got to court.
  9. In March I ordered a takeaway via UberEats. I paid by PayPal and the order arrived with an item missing. I forgot to raise the issue straight away with Uber. By the time I remembered to do it the order was too old to raise the issue directly but did suggest that I contact their support team. I tried to do this, but that the link they provided didn't work. I then raised a case with PayPal. Uber didn't respond to the case and I was refunded for the missing item. Uber are now claiming that I owe the full amount of the order even though it has already been paid (less the refund). I've asked Uber to look into it, but they are insistent that I owe the full amount. I've asked PayPal to looking into it but they insist that Uber have been paid. In brief: 15th March ordered a takeaway through Uber Eats cost £66.13 27th April refunded £4.50 for item that didn't arrive Uber claim I owe £66.13 I have checked my PayPal statement and credit card statements and on both I see the £66.13 go out and £4.50 refunded. I'm not sure what to do now as I have contacted both organisations and they refuse to help.
  10. Bus operators in West Yorkshire are part of the Bus 18 initiative which was set up by the West Yorkshire Combined Authority. It guarantees a free travel voucher to bus user who are "not happy with their journey". I have submitted claims under this guarantee for buses that haven't turned up, and buses that have been late but have never received a free travel voucher. First Bus say they deal with all complaints in 14 days, but I've had nothing after 2 months. Has anyone had experience of claiming under the Bus 18 scheme? How long did you have to wait? https://www.westyorks-ca.gov.uk/bus18
  11. I've noticed something about the method used by Barclaycard to calculate minimum payment amounts and it appears that they are deliberately and systematically mischarging interest to all customers who make the minimum payment each month. The systematic mischarging may be costing Barclaycard customers millions of pounds a year - millions of pounds that go straight onto Barclaycard's bottom line. In brief, Barclaycard are under-calculating the minimum payment to keep balances slightly higher than they should be. They then charge interest on the amount underpaid. When Barclaycard calculate the minimum payment amount they round down to the nearest pound, so if the balance on the account is £500.00 and the minimum payment is 2.5% per month then the correct minimum payment is £12.50; Barclaycard round the amount down to £12.00. Averaged over all customers this is a 50p per month underpayment for those paying the minimum payment, i.e. £6.00 per year on average. There is nothing in the terms and conditions to allow Barclaycard to perform the rounding. This £6.00 underpayment earns interest for Barclaycard. If I assume an APR of 25% the interest earned on the underpayment amount will be around £1.50 per year. Not a lot you may think, but multiply that by the number of customers making the minimum payment each month, and then take into account the fact that this interest is compounded year on year. After two years the amount undercharged will be £12.00 plus over £3.00 in interest. By years three and four the interest charged is approaching 100% of the total underpayment. For example based on figures from my own account, by the end of the fourth year I would be undercharged £24.00 (based on 50p per month) and would have paid £18.87 interest on this amount. Using an underestimate of half a million customers making the minimum payment each month, this would come to £9.435 million over 4 years. So an underestimate of the amount gained from this is over £2 million per year - all profit. There is a further problem caused by Barclaycard undercharging which is that the minimum payment can sometimes be lower than the interest (which is never rounded down). This means that even if you make the minimum payment each month your balance will continue to rise. I have raised this matter with Barclaycard once in December 2006 and again in December 2007. I have put it to Barclaycard that they are, at best, in breach of their own terms and conditions and that their behaviour could be interpreted as fraudulent. The only formal response I have received so far gives the reason for the rounding down as "We calculate this as 2.5% of your balance an round the amount down to the nearest pound. The reason we round this calculation down is to keep payments as low as possible for customers who are struggling." I fail to see how charging over two million pounds a year in extra interest or allowing balances to continue to rise month on month is helping struggling customers. What can be done as Barclaycard are in breach of their own terms and are deliberately ripping-off all customers who make the minimum payment.
  12. Citi have responded to the judge's order. Their letter to the court: I act on behalf of CitiFinancial Europe plc and write further to the Order of District Judge Spencer date 2nd April. Regarding the Defendant complying with Part 1 of the Order, I regret I am unable to comply since, as the Court will be aware, the majority of default claims that are lodged are being heard exclusively in the Small Claims Track and every case I have referred to has been heard in that forum. There are no written judgements or findings of fact that my client can refer the Court to as every final Order is simply a variation on "Case Dismissed" or "Claim struck out". Anecdotally, various District Judges have noted that it is for the Claimant to prove his case that the charges are penalties rather than liquidated damages clauses; that to do otherwise would reverse the burden of proof; that a breach of contract issues in damages and that it is not tenable for the Claimant to breach and recover everything and, given that, the OFT figure is a reasonable starting point. The bases of law relied upon by my client are identical in most points to those set out in the Defendant's defence hereto (save where the account has defaulted and charged off) and the draft Skeleton argument and witness statement that I enclose herewith. These are submitted in each case and have proven persuasive in all cases so far heard. Yours sincerely, Mr Brian Smith As far as I can tell this letter is saying we're not complying with your order, we're not even going to tell you which cases we claim we've won.
  13. After Citi filed their defence I asked for a stay of a month to try and negotiate a settlement. I sent a letter to Citi explaining that in order to reach a negotiated agreement I would need them to explain the basis and structure of their costs in relation to their default charges. They haven't replied. I already had a signed letter from their data protection manager saying that the charges were applied automatically with no manual intervention at all, so I 'm sure their costs in regard to each breach aren't very high at all. In the meantime, District Judge Spencer has issued an order: Upon reading the Claimant and Defendant's Allocation Questionnaires IT IS ORDERED THAT: 1. The Defendant shall by 4.00pm on 30th April 2007 file and serve a summary of the bases in law/judgements/findings of fact in the "dozen" successfully defended cases defended cases referred to in the Defendant's Allocation Questionnaire. 2. The file be referred back to District Judge Spencer on 1st May 2007. 3. Request to transfer to Salford County Court made in the Allocation Questionnaire is treated as an application and is refused. 4. This order was made of the District Judge's own initiative. If you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving it. I have a few questions: 1. Is this order good/bad/mixed news? 2. At this stage can I still provide draft orders? (I want to ask that Citi disclose the basis of their charges). 3. I realized last night that I used a loan from Citi to pay off my CitiCard account (paying off the card was a condition of the loan). Could I claim for the interest on that part of the loan used to repay the credit card? 4. If I could claim the loan interest, can I modify my claim at this stage?
  14. Barclaycard have failed to provide me with any of the information I requested in my SAR they received on the 8th January 2007. In fact, when I spoke to them today, they hadn't even read the LBA I sent 8 days ago by today. So I've filed today for enforcement and damages in the county court.
  15. I've just been looking at my Barclaycard statement from a few weeks ago. Something strange happened. I pay the minimum payment by direct debit and Barclays took the amount they stated on my previous statement. I made no other transactions during the month and was not over my limit at any point during the month but somehow the interest charged took me over my credit limit. When I worked it out I believe that Barclaycard had incorrectly calculated my interest. The monthly interest rate stated was 2.207% and the balance from the previous statement (constant for the month) was £259.57. A very quick calculation leads me to believe that the interest should have been £5.72 however Barclaycard charged me £7.52 in interest. Thats an overcharge of 31%. On further calculation I worked out that the payment they had taken was not for the correct amount. Based upon the previous month's statement with a closing balance of £259.57, 3% of this is £7.78. Barclaycard took only £7.00. The reason I noticed this and went to the trouble of making the calculations was that even though the minimum payment is made automatically by direct debit and I made no other purchases from the account they claim the credit limit was breached and applied a £12 charge. I called Barclaycard and they couldn't explain how they had worked out the interest but insisted there was no mistake and the charge and interest stood. They also stated that the £7.00 minimum payment was correct as it was 2.5% of the outstanding balance (clearly incorrect). After much insisting on my part, they agreed to send out a detailed breakdown of how the interest amount was calculated. I went and checked three other statements at random and I believe the interest was similarly miscalculated by Barclaycard on each of them. By my reckoning, the miscalculation takes the APR from 20 odd percent to 41%. When you factor in that on two of the three months the over charged interest took the balance over the limit and caused a £12 charge to be applied, if you count that charge along with the interest, I calculated that the equivalent APR would be a staggering 71%. Just to check my method I checked my wife's statements on a seperate Barclaycard account and got very similar amounts to those calculated by Barclaycard (near enough for rounding errors to have explained the difference). So it looks to me like I was performing the calculation correctly. Has anyone else noticed anything similar? Have I performed the calculations correctly? Are Barclays routinely miscalculating interest on some accounts? Or perhaps the rest of you have lives and don't spend your time working out what the interest on your credit cards should be.
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