Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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)


+ Reply to Thread
Page 1 of 2 1 2 LastLast
Results 1 to 20 of 23
  1. #1
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default edinburghbeerbucket -v- Bank of Scotland

    brief synopsis up to now:
    08/08/2006 - Subject access requesticon (S.A.R.) sent
    01/09/2006 - S.A.R. signed for
    08/09/2006 - S.A.R. cheque cashed

    Then sent this on 30/09/2006 to $CustomerRelations@hbospl c.com :

    Dear BoS Customer Relations,

    Roll number XXXXXXXXX

    I refer to my letter dated 23rd August, which was signed for on 1st
    September and the enclosed cheque cashed 8th September.

    Please could you confirm the current status of my request, as 30 of
    the 40 permitted days have passed since you recieved the request.

    Best wishes,

    edinburghbeerbucket.



    Similar Threads:
    edinburghbeerbucket
    Follows
    0
    Following
    0

  2. #2
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    Got a blank email reply on 02/10/2006. But, interestingly, here's the header:

    From: LouiseWood1@halifax.co.uk
    To: $DSAR@no.halifax.co.uk
    cc: edinburghbeerbucket


    Perhaps the $DSAR@no.halifax.co.uk address is just for SARs?! Might be a fast-track to getting your statements, folks!

    edinburghbeerbucket
    Follows
    0
    Following
    0

  3. #3
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    jimmelling Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Aug 2006
    Posts : 36 (0.01 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    Ring MBNA to save time. Contact is Paul Miney on 01244 - 672628. Ring him and ask for your late payment fees plus the compound interest on that sum. He will offer you a "goodwill paymenticon" first...decline. Ask for the total plus compound interest. He will work out what that is and ring you back with a figure eg my claim was 550 compound interest 590....therefore total claim was 1160. Paid up in 48 hours!

    BOS less helpful...fob you off with letters saying will reply in 4 weeks, then need more time 4 more weeks. Stick to your deadlines. Good luck!


  4. #4
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    Been away for a couple of days for a weddingicon (beautiful!), but just picked up this email dated 7th October from NicolaInett@halifax.co.uk:

    Mr edinburghbeerbucket,

    Your request has been received and will be processed within the 40 days
    allowed by the Data Protection Act.

    Regards
    Nicola Inett
    Consultant (DSA)
    Policy and Development - Technical Support Business Risk - Retail


    I hope she's right... they've only got 48 hours left!

    edinburghbeerbucket
    Follows
    0
    Following
    0

  5. #5
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    Well, day 40 came and went...

    Dear Nicola Inett,

    I am disappointed not to have recieved the information I requested
    within the 40 day period permitted by law. This is in spite of the
    fact you re-assured me only 4 days ago that the information would
    arrive on time.

    If the information has not arrived within 2 working days, or a
    satisfactory explaination is not given within the same timeframe, I
    will have no option but to raise a complaint with the Information
    Comissioner, and to lodge a small claimsicon action to force you to comply
    with my Data Protection Act Subject access requesticon.

    I look forward to hearing from you before close of business on Friday
    13th October.

    Best wishes,

    edinburghbeerbucket.


    edinburghbeerbucket
    Follows
    0
    Following
    0

  6. #6
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    OK guys, I've had no response from Nicola, so I think it's time to start thinking about small claimicon action for Data Protection Act non-compliance.

    I filled out the paperwork, but had a couple of queries so sent the sheriff court a quick email (although perhaps you guys might know):
    Dear Sheriff Court,

    I am currently filling out a small claimicon summons against my bank as
    they will not supply data which I am entitled to under the Data
    Protection Act. The Claim (form of decree or other order sought) box
    reads:

    The Pursuer seeks an order against the Defender requiring them to
    fulfill their obligations under the Data Protection Act 1998, together
    with the expenses of bringing the action.

    What should I put in the "action for/of" box? I assume because the
    action includes a payment of money, it should be "payment", but please
    clarify this.

    Also, I plan to file this case by post as I am currently abroad. Can
    you tell me how I should go about doing this?

    Best wishes,

    edinburghbeerbucket.
    Will post the response when I get it. I think I emailed the court before and they responded quite quickly.

    edinburghbeerbucket
    Follows
    0
    Following
    0

  7. #7
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    Complaint sent to information commissioner today for non-compliance. Don't really want to go through the hassle of small claimsicon court for this part, so fired off an email giving them a last chance:

    Dear Bank of Scotland,

    Further to my email of 11th October and the lack of response on your part, I have today filed a complaint with the Information Comissioner.

    This action will be followed by a small claimicon court action if you continue to ignore my request.

    edinburghbeerbucket.


    edinburghbeerbucket
    Follows
    0
    Following
    0

  8. #8
    Banned Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Aug 2006
    Posts : 2,250 (0.52 post per day)

    Default User is banned

    User is banned, content is deleted automatically.


  9. #9
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    Unbelieveable, eh? I just want a bloomin acknowlegement!!

    edinburghbeerbucket
    Follows
    0
    Following
    0

  10. #10
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    Hi edinburghbeerbucket,
    Ive spoken to a colleague who deals with these and these will be getting sent out today.
    Thanks

    Louise Wood

    What a joke.


    edinburghbeerbucket
    Follows
    0
    Following
    0

  11. #11
    Banned Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Aug 2006
    Posts : 2,250 (0.52 post per day)

    Default User is banned

    User is banned, content is deleted automatically.


  12. #12
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    Apart from changing my name to edinburghbeerbucket, yes it is. Why?

    edinburghbeerbucket
    Follows
    0
    Following
    0

  13. #13
    Banned Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand Authoritative Thailand's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Aug 2006
    Posts : 2,250 (0.52 post per day)

    Default User is banned

    User is banned, content is deleted automatically.


  14. #14
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    The same thought crossed my mind too, but at least I finally got a reply!

    edinburghbeerbucket
    Follows
    0
    Following
    0

  15. #15
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    OK, so I had a bit of a weird day!

    Got an email from Ken Patton saying that the statements they sent out have come back to them undelivered. This is because I have a re-direction setup.

    So I agreed with him that they could send them again non-certified so that they'd get to me.

    Just as I'd fired off that email, I went to check the mail. Where I found statements from May 2004 til now.

    So, I wrote back to Ken to tell him I'm still missing statements from Oct 2001 - May 2004.

    I shall await his reply!

    edinburghbeerbucket
    Follows
    0
    Following
    0

  16. #16
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    Couldn't resist, so I totalled up the charges from May 2004 to date. 1136 so far. Can't wait for the rest of the statements!

    edinburghbeerbucket
    Follows
    0
    Following
    0

  17. #17
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    Go this email from Ken today:

    You are correct in your assumptions, there are two ways we order statements, one involves them being sent to my department for checking and are issued by special delivery, others are requested to be printed and despatch as if it were normal statement. However, this can result in a large number of envelopes being generated so it is not the preferred method. The statements that I have run from late 2000 to May 2004.

    I'm interested to know why the statements need to be "checked". Surely it's just a case of printing them and putting them in an envelope. Anyone know why?

    edinburghbeerbucket
    Follows
    0
    Following
    0

  18. #18
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    The rest of the statements arrived today.. a further 440.50 in charges, totalling 1576.50.

    Onto the spreadsheet and initial request!

    edinburghbeerbucket
    Follows
    0
    Following
    0

  19. #19
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    Will be posting this off to The Mound tomorrow morning:

    REQUEST FOR REPAYMENT OF CHARGES


    Dear Sir/Madam,

    ROLL NUMBER XXXXXXXXXX

    I am writing to ask you to refund to me the charges you have levied against my account over the last 5 years.

    It is my opinion that the fees you have applied in respect of unauthorised overdraft fees, account maintenance charges, refused direct debits, etc are a penalty charge designed to gain profit for the bank, rather than a true reflection of the liquidated costs of the bank for my breach of contract. As such, these charges are a contravention of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

    I enclose a schedule of the charges I am claiming with this letter. I calculate that you owe me 1576.50. This amount, (C) in my schedule, is calculated by taking the charges applied (A) and subtracting the refunds of charges you have already applied (B).

    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 21 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

    Should you choose not to respond to this letter, or if you fail to comply with my request, I will proceed with a small claimicon action to force your compliance. This will carry with it additional costs (in respect of court costs) and interest at the rate of 8% per annum from the date of service. I’m sure you will agree this is an unnecessary complication for both of us. I am aware of several precedents which support my claim, and it is in both our interests for you to settle this matter now before we enter the domain of the court system.

    I look forward to hearing from you before 16 th November.

    Yours faithfully,
    edinburghbeerbucket


    edinburghbeerbucket
    Follows
    0
    Following
    0

  20. #20
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    edinburghbeerbucket Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 149 (0.03 post per day)

    Default Re: edinburghbeerbucket -v- Bank of Scotland

    I've been away for a while so here's a wee catchup:

    7th Nov 06 - Letter from Joanne Carmichael - "we're dealing with your complaint. You will recieve a reply no later than 4 weeks from now."

    1st Dec 06 - "Sorry we haven't dealt with your complaint. You will recieve a response no later than 4th January"

    21st Dec 06 - Offer of 920 in Full and finalicon settlement.

    I was away for a while and didn't get round to responding to this last one til last week. I called up to ask them to increase the offer. They offered 1150 (or thereabouts). I said to the guy "I have the court forms all filled out in the bank's name, this is the final chance I will give you before I have to add on court costs, etc. How about the full amount?"

    "That's your desicion, sir."

    So I posted off the first small claimsicon summons yesterday.

    edinburghbeerbucket
    Follows
    0
    Following
    0


Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details