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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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NATWEST and DATA PROTECTION ACT COMPLIANCE - READ THIS


BankFodder
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I understand that the NatWest are routinely refusing to suppy more than 6 years of personal data in response to Data Protection Act disclosure requests.

 

I understand that they are tell at least some people that they do not hold personal data going beck further than 6 years.

 

There is some evidence to suggest that this is not correct and complaints are about to be made to the Information Commissioner.

 

If you have been refused disclosure going back more than 6 years you should consider witing to the Information Commissioner about it.

 

Watch this space as we expect to have more news about this in January.

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Bankfodder, I am 100% that NatWest data does go further back than 6 years so if that is what they are saying then it is a lie- and I do not use that word likely. Branches have something called the NatWest Archive a notes system from the old NatWest Bank plc days. It was effectively frozen in time on October 2nd 2002. The old system recorded a note automatically when a DD/cheque/SO was returned or whether it was paid even if it took it over the limit. It contains Marketing notes, complaints and a lot more else besides. All this info is not new info to the forum as I posted it months ago. These notes would go back to 1991.

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I successfully requested statements going back further than six years apparantly they are available from the date of "migration" as quoted from manager .Here is the number I rang 0845 711 4477

 

GOOD LUCK

 

Tumble

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Migration is October 5th 2002, Loristar where are you when we need some statement info on length of time NW can order statements?

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  • 3 weeks later...

Hi Guys

 

I still havent received my charges info. What is the number, or preferably email address of the person who will send them out. I am keen to get started on my claim, but till I have the info, I can't. Want to give Natwest a kick up the backside.

:mad: Fight against Cr*pwest:-o
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Hi

I'm having the same problem, after numerous 'phonecalls to them to chase up my statements, they still haven't arrived! The 40 days is up today, does anyone have the template to send them regarding further action? Any help gratefully received.

Lisa

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It is so annoying. I went into my bank today to see if I could get statements any other way. I was told it would be £5 a statement and i was looking at £300!!!!!!! Just told me to sit tight and wait for them, but it seems they are breaking the 40 day rule quite often.

:mad: Fight against Cr*pwest:-o
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Guest peed orf

I waited approx 50 days for mine! Phone the nice lady [Joyce Tudor] and she'll sort it for you!

After the 40 days, you'll get them nicely jiffy bagged and special delivery!

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For a Subject Access Request it is the Goggarburn Address, if you just want statements then the local branch can order them for the princely sum of £5(if they say more then tell them that there charges leaflet says per request).

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Hi

 

I have had a look at the charges part of the website, and it says £5 for duplicate records. Would a request for all statements going back to 2002 be regarded as one lot of records, and therefore only £5. I have tried and was told £300 :eek: in total, ie £5 per statement!!!! Can you just phone the bank and request this info, or do you have to go in to a branch. Can they refuse. :???:

 

Lots of questions, greatful for any help.

 

Thanks. x

:mad: Fight against Cr*pwest:-o
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Devil- that is nonsense what you were told. Copy statements are £5 per request. So if you wanted back to 2002(I assume that is when the account was opened) then £5. You can phone the branch, walk to a branch send a letter to the branch, your choice but copy statements are £5

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hello I'm posting to say my friend has been with Natwest for 17 years and she hasn't recieved 1 statement in all that time!

and they are charging her like £50 a day, as she is in arrears. just can't believe she never recieved 1 statement when she went into the bank they gave her a basic print out for that month

she need's the whole time so we can calculate charges and proceed with claims.

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When we moved house, Nat West claimed the reason why we hadn't had bank statements for several months was because we didn't tell them about the change of address. Funny how their marketing department did get the address change as we were still sent credit card and load promotions!

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Marketing companies also send out credit card promotions independently of the bank. It is still the case that an address can be changed for a bank account and the credit card address be different.

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this will sound harsh but has she only just now decided to query where here statement has been for the last 17 years?

 

Hi ya well I found out that because she got into overdraft she cut up the card and assumed she would recieve statements.

I have advised her that prints of statements will cost £5 only In the long run it will be worth it as her bank needs to be sorted.

It hadn't occured to her she has been having alot of problems facing up to the debt that has been mostly caused by her ex Boyfriend they have a joint loan and she has only just found out one of the other loans HFC hasn't been paid at all and he hasn't been paying her CSA money I am desperately trying to get her sorted so she can move on with her life, Which will mean going to small claims court for a number of reasons and will be a long battle but worth it, we seem to be hitting a brick wall at every turn as she is unsure of the total amount of debts outstanding total she can't give an exact figure and no one will help. I have been swotting up on the 70% wipe for debt and how to go court for charges, already got her to type a letter to creditors to offer token payments but even paying £5 a month she still finds it hard to live also having a 2 year old baby Isn't easy.

thank you for listening sorry I went off topic It is all information though and if anyone can help in anyway we really appreciate it alot!

from clarissa_D

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clarissa- we can all help on here and you need to start a thread on the relvant bank thread for example clarissa Vs Natwest and we will all help your friend get the lot back

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why not send the bank a SAR she would get all her statements for the last 6 years for £10

My Claims:

 

Isle of Man Bank -

WON £3054.79 (settled at court stage)

 

BarclayCard -

Claiming £701.89 Part 3 letter sent

 

Capital One -

WON £1500 (settled at court stage)

 

CitiCards -

Claiming £1549.41 (at court stage)

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why not send the bank a S.A.R - (Subject Access Request) she would get all her statements for the last 6 years for £10

she needs every statement for the last 17 years we need to see how much money they have charged her in total, and £10 i thought it was £5?

thank you for your help

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A SAR allows you to get information from the Bank without having to pay the £5 pre statement.

The £10 is what you pay for all the statements it would give you everything they have in there system for you even it you get only six years worth that would have saved you £360.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

My Claims:

 

Isle of Man Bank -

WON £3054.79 (settled at court stage)

 

BarclayCard -

Claiming £701.89 Part 3 letter sent

 

Capital One -

WON £1500 (settled at court stage)

 

CitiCards -

Claiming £1549.41 (at court stage)

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John- you are getting confused with charge for statements £5 per request not statement and £10 SAR which means the bank have to provide all info that it holds on you, as an individual, in a relevant filing system

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this is from the ICO – Information Commissioner's Office web site

The Data Protection Act covers computer records and some manual records. Most computer records can easily be found about a particular person and should be disclosed removing any third party information. Manual records need to be in a relevant filing system. The files which form part of the relevant filing system are structured or referenced in such a way that information about the applicant can be easily located. Where manual files fall within the definition of a relevant filing system, the content will either be sub-divided, which allows the searcher to go straight to the correct category and retrieve the information requested without a manual search, or will be indexed to allow the searcher to go directly to a relevant page(s).

For example, a set of legal files containing files divided into sections for legal aid, pleadings, orders, correspondence by year, instructions to counsel, counsel's advice, will not be a relevant filing system because the divisions/referencing do not assist a searcher in retrieving the required personal information without the need to leaf through the file contents.

 

therefore if they have got it then they have to give it to you

if not complain to the ICO

My Claims:

 

Isle of Man Bank -

WON £3054.79 (settled at court stage)

 

BarclayCard -

Claiming £701.89 Part 3 letter sent

 

Capital One -

WON £1500 (settled at court stage)

 

CitiCards -

Claiming £1549.41 (at court stage)

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That way you will attract more attention to your story and get more visitors and more help 

 

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