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    • I'm not sure we were on standard tariffs - I've uploaded as many proofs as I can for the ombudsman - ovo called last night uping the compensation to 100 from 50 pounds for the slip in customer service however they won't acknowledge the the problem them not acknowledging a fault has caused nor are they willing to remedy anything as they won't accept the meter or formula was wrong.   I'd appreciate more details on the economy 7 approach and I'll update the ombudsman with any information you can share. 
    • To re-iterate and highlight my urgent question on this one: The N24 from the court did not include any instructions to submit paperwork 28 days before the date, unlike the N157 received for other smaller claims. Do I have to submit a WS for this court date? Link has!...
    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
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    • We have finally managed to obtain the transcript of this case.

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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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FRUITBAT v A&L - ***I WON***


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I have delayed sending Data Protection Act letter to A&L as I am in the process of opening another current account (wanted to have this set up first) - is it safe to start the ball rolling, at what point A&L will threaten account closure - help please. Want to make sure I do everything correctly as I believe I am owed about £5000 and don't want to jeopardise.

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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It appears that A & L don't threaten to close your account when you challenge the charges in writing, but once you start your claim & they settle, the letter accompanying the cheque threatens closure. A subsequent letter then tells you of the closure. Get in 1st - I closed my account on recipt of their cheque and prior to them closing it and it was very enjoyable announcing to a crowded branch on a busy lunchtime that I wanted to close all my accounts and the reason why!

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Thanks for that and good for you, what a buzz, my new account should be up and running in a couple of days and then I'm going for it big time - A&L have fleeced me for about £5000 over the past 6 years (how much over the 21 years I have had the account?)

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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Just been informed new account is now open so DPA letter currently being drafted and will send, recorded delivery, tomorrow. Here goes!!!

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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After a slight delay - awaiting new cheque book!! - finally sent DPA letter recorded delivery this morning. No doubt they have been inundated but 40 DAYS AND COUNTING.

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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Hi, Fruitbat.

It's a good thing you have your parachute account now. Take a look at The Holte41's and Lady Penelope's threads.

Seems they may no longer be waiting for claimants to actually start action against them; sending for your dpa may now be triggering retaliation.

Luck in your claim, dude. :cool:

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Hi younganfree, think that you're probably right about them closing account sooner than expected. A quick question if you or anyone else can help - I am expecting quite a large insurance cheque within the next couple of weeks - do you think it likely that A&L would keep some of the funds to clear my overdraft - am I best to ask for a cheque to be sent to me at home so I can bank it elsewhere? I can't bear the thought of the b******ds getting their overdraft back until I get my charges back!!

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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- I am expecting quite a large insurance cheque within the next couple of weeks - do you think it likely that A&L would keep some of the funds to clear my overdraft - am I best to ask for a cheque to be sent to me at home so I can bank it elsewhere? I can't bear the thought of the b******ds getting their overdraft back until I get my charges back!!

 

Who is the cheque being issued by? You should be able to ask for it to be sent ot you at home. If A&L are your insurer then there is no reason why it has be sent to your bank,and anyway insurance is to replace what you have lost, not to pay bills/overdrafts etc.

Consumer Health Forums - where you can discuss any health or relationship matters.

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gizmo111,

 

Have spoken to insurance company - cheque coming straight to the house (and straight into new bank account!!!).

 

Interested in your claims against mortgage companies - had to pay an early redemption fee of over £5000 to London Mortgage Company last year - I'll be eagerly watching your thread.

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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On checking the 2 and a half years worth of statements that I already have, it is possible that when I receive the rest of my statements, my claim could well be nearer to £10,000 than £5,000. I am a bit wobbly about claiming this amount as I can't see any threads where anyone has successfully claimed such a high amount. Should I just claim back to a date where the charges reach £5,000 and forget the rest or should I just go for it - really couldn't afford to go outside small claims track and end up paying lots of costs. In need of some realistic advice.

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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Hey, fruitbat.

Not sure on the answer to this one, but I have read of people 'splitting' their claim into chunks of less than the 5G limit.

Don't know whether this works for such a large amount as yours though?

Hang around, I'm sure someone who knows more 'n me will be along shortly with some proper advice!

In the mean time, don't do anything hasty - you're talking big money here, your money, so be sure you make the right decision on how to proceed. 8)

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Thanks younganfree, I know you're right and getting MY ten grand back would be a godsend (money always tight when you've got anklebiters). As it is a joint A&L account what do you reckon to me and hubby claiming half each. Would that be a possibility?

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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Thanks younganfree, I know you're right and getting MY ten grand back would be a godsend (money always tight when you've got anklebiters). As it is a joint A&L account what do you reckon to me and hubby claiming half each. Would that be a possibility?

 

I am no expert on this but I suspect thatyou make a joint cliam and seperate into different types of charges but you have tosettle on one to stop the bank merging claims and it being put onto the next court stage. (Fast track I think) alternatively you can claim for one lot of dats first eg 2000 - 2003 and then 2003 to 2006.

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 4 weeks later...

Postman arrived yesterday with a lovely, big, grey, recorded delivery package all for me - it was like birthday and christmas all in one. After 5 hours of highlighting, scheduling and calculating, claim appears to be in the region of £8300 (still waiting for statement dated 8.8.06 - will probably contain another £200 or so in charges). Have decided to press on with charges up to end May 2004 (£4704.25), and after I receive a big fat cheque will put in another claim for remainder. Is that the right way to do it? Wish me luck.

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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  • 2 weeks later...

Preliminary request sent on 14.8.06 and refused on 17.8.06. Bog standard computer-generated response. A&L's response times have been really quick and, even though the account is well over agreed overdraft limit (all of which is charges), I've still not been threatened with account closure (they obviously value my custom, NOT). As they have refused my request, I am assuming that I can now sent LBA without waiting for the 14 days to elapse? Can someone please confirm this for me pleeeease.

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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Yes, if they have replied to your prelim saying 'no' 'bog off' etc then yes you can move on to your LBA. Its only if they don't reply or have advised you they are looking into it and will reply again soon that you have to wait your 14 days.

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  • 2 weeks later...

LBA sent 23.8.06. Reply received 30.8.06 reiterating that they believe the charges are fair and in accordance with terms and conditions. No refund will be paid - yeah right!

 

MCOL will be filed next week (when funds permit).

 

Getting worried now - I'm bound to be THE ONE who ends up in court!!

 

 

FRUITBAT

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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don't worry fruitbat, even if they subtly or not so subtly threaten, including ackowledging your claim and saying they intend to defend it( usual tactic, see other posts too).

i've just had my claim paid. i went thru a longer process becos i tried to reason with them, thinking there must be a human face behind all the red tape right?

well, i got fed up when yet another lot of charges arrived and took them to court, and they have now settled about 21 days after saying they would be defending the claim.

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Thanks to everyone for their advice and words of encouragement.

 

I've just this minute been and gone and done it - I have filed the MCOL this very evening for a total of £5993.82. Fee of £250 will be sorely missed for the next couple of weeks but, as they say, "You have to speculate to accumulate".

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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  • 2 weeks later...

19.9.06 - A&L filed Acknowledgement of Claim with intent to defend in full. A&L's defence to be submitted by 18.10.06. NOT LONG NOW!!

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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well done fruit bat

important thing is to hold steady.

count down to the 28 day limit and see.

they ahve so far caved in before 28 days.

i think all the banks are waiting for the OFt decision on bank charges, and if the credit card decision is anything to go by, they will be found to be excessive, ie, they have overcharged unlawfully.

enjoy having your money back!!!

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