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Showing content with the highest reputation on 27/09/06 in all areas

  1. Costs are not generally awarded in the small claims track. You can get a certain amount back, ie, if you are represented by a solicitor you can get up to £200 towards the bill. Remember that the cap on costs in small claims is there to protect us, the normal individuals, from being screwed for thousands - by big organisations like banks - in the event that we were to lose a claim. I for one, would'nt feel quite so confidant in sueing my bank if that safeguard were not in place. With costs of letters and stuff like that, its ultimately at the judges discretion if it ever went to court (ok,
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  2. Hi my son sent in his letter on the 12th Sep they received on 13th. Son received a letter back on the 15th saying very sorry and credited all his claim (£134) back to his acount. He's really pleased ( and of course made his donation) Thank you all for your help and guidence xx
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  3. One of the conditions for processing in Schedule 2 is that the individual has given his consent to the processing. It is the view of the Information Commissioner that consent is not easy to achieve and that organisations should consider other conditions for processing before looking at consent. In the context of applying for credit, consent to share information with the credit reference agencies cannot be freely given. This is because if you do not agree to your data being shared then your application will simply be rejected. In other words you have no choice if you want the credit on of
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  4. Hi Lon. Welcome to the family. The D.P.A. S.A.R - (Subject Access Request) letter is a request for all and any information that the bank holds. Send one letter with all the account numbers CLEARLY marked. Enclose ONE £10 payment. The £10 fee will cover all accounts. Good luck with your claim.
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  5. Post here before you sign anything and once you sign and send it, make sure you delete the post...
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  6. You need to send a Subject Access Request under the Data Protection Act: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html The best thing you can do to get yourself started is read the FAQs at the following link. There you’ll find easy to understand tutorials (and I mean easy to understand – I understood them!!) on everything from what you can claim, and step by step instructions on how to begin the process. It even includes links to a “template library” with sample letters that you can adapt when writing the bank. An hour or two
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  7. hi spitfire don't be scared everyone on this site will probably tell you what sort of standard letter you will get before recieving it, we are all here to help each other, if you post a thread in the hsbc section called spitfire Vs HSBC you can keep a diary of your progress and also for people to help you out and also when you have got your loot back newcomers like yourself can see your thread to help them out best of luck
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  8. Welcome! I panicked somewhat when I saw the size of these forums, but don’t be daunted! The best thing you can do to get yourself started is read the FAQs at the following link. There you’ll find easy to understand tutorials (and I mean easy to understand – I understood them!!) on everything from what you can claim, and step by step instructions on how to begin the process. It even includes links to a “template library” with sample letters that you can adapt when writing the bank. An hour or two studying these tutorials and you’ll be feeling a lot more confident.
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  9. Hiya Here it is: http://www.oft.gov.uk/News/Press+rel...2006/68-06.htm
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  10. Welcome! I panicked somewhat when I saw the size of these forums, but don’t be daunted! The best thing you can do to get yourself started is read the FAQs at the following link. There you’ll find easy to understand tutorials (and I mean easy to understand – I understood them!!) on everything from what you can claim, and step by step instructions on how to begin the process. It even includes links to a “template library” with sample letters that you can adapt when writing the bank. An hour or two studying these tutorials and you’ll be feeling a lot more confident.
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  11. Hi there, First off the best advice I can give you is read this site thoroughly, spend a lot of time reading and re-reading – get the process clear in your head before you start, that way you cannot make easy mistakes along the way. The best place to start is here ---àhttp://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ The bank forums can be found here ----à http://www.consumeractiongroup.co.uk/forum/ scroll down to the bank action group and you will see a list of banks! Once you are comfortable with the site and how to get around pretty easily, you can pop into y
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  12. Unless they specifically apply to the Court for the judgment to be "set aside" (and they'd have to explain to the judge why they have good reason for doing so) then the judgment stands and you can take enforcement proceedings should they not pay up. The Court will have sent them copies of your claim and notified them of the default judgment awarded to you, so they'd be on dodgy ground saying they know nothing about it! Keep us posted - this is an interesting one!!
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  13. The SAR letter is fine. Now while you wait for your statements spend time reading and rereading through the FAQ's. It takes a while, but I promise you it does click, then you'll be fully armed with the knowlege to take the banks on!
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  14. This is what Ive done for both of my claims: Claimant has accounts xxxxxxxxx with Defendant from (date of account opening) conducted on their standard terms and conditions. Claimant is claiming the return of £ (charges total) taken by Defendant in charges over x years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.In the event that the charges are not a penalty t
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  15. Hi all, For everyone out there thinking of going after Abbey for charges do it !!! And for all those thinking of giving up because of Abbey / DLA PIPER (their solicitor) scare tactics don't do it !!! You will get there in the end. Here is my record of my (very) long battle with ABBEY: 14 April sent initial letter asking for repayment 22 April received letter saying how upset they were that I felt the need to complain ! 27 April received the same letter twice telling me that my concerns were being investigated 28 April sent 14 day letter before action 01 May received letter w
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  16. I'd suggest a slight amendment to the old LBA template to incorporate the relevant part of the "rejection of offer template", as below: Dear Sir/Madam, ACCOUNT NUMBER: xxxxxxxxx I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totaling £xxxx I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. I now understand that the regime of 'fees' which you have been applying to my
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  17. I always use the registered address. I understand that, legally, any correspondence to the company is considered "delivered" if it is delivered to the registered address. For Barclays this is; BARCLAYS BANK PLC 1 Churchill Place London E14 5HP Don't address it to any particular individual, your complaint is with the company. Also, if/when it gets to county court stage the defendant will be BARCLAYS BANK PLC And yes. the statutory interest of 8% per annum on each charge is only applied at the court claim stage.
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  18. Bettyboop I sent mine yesterday to Charles Bacon Solicitor Legal Compliance (Corporate Affairs) Nationwide Building Society Nationwide House Pipers Way Swindon SN38 1FN but I am in Scotland (£750 small claims limit) but wanted to go to an English court for the £5000 limit. I beleive that Ireland is also a £5000 limit (I think) so either address would do I guess.
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  19. Hi Biddie Send them an amended letter like this.It is your money and you want it all back.. BANK NAME Address Address Postcode Re: Account number XXXXXXXX Response to settlement offer. Dear [named sender or Sirs] Thank you for your letter dated xx/xx/xx I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim
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  20. hi nina yes i did try here Penny Berryman Senior Manager Data Protection Dept. Lloyds TSB Bank PLC The Pentagon 48, Chiswell Street London EC1Y 4XX best of luck to you
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  21. Sorry brenda/bruce this is the successes forum for nat west, i will ask a mod to move it to the main forum
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  22. My A+L account was closed a year ago but they still sent me my statements that I requested. Did you close the account or did they? Thats a lot for only a year!
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  23. Yes, it makes no difference whether your account is open or closed - so go for it! The best thing you can do to get yourself started is read the FAQs at the following link. There you’ll find easy to understand tutorials (and I mean easy to understand – I understood them!!) on everything from what you can claim, and step by step instructions on how to begin the process. It even includes links to a “template library” with sample letters that you can adapt when writing the bank. An hour or two studying these tutorials and you’ll be feeling a lot more confident. http://www.con
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  24. To progress, I sent the following by fax to SCM yesterday: "19 September 2006 Dear Sirs, Re: In the * County Court Bean – v – Lloyds TSB Bank plc Claim Number ******** Our letter reference: ****** Your reference: **/***/****/**** As Claimant, I am conscious that we need to make every reasonable effort to resolve this claim before it is finally brought before the Court. In an effort to foster dialogue, I have made five telephone calls to your office since last Thursday, 14 September 2006, requesting to speak to you but have not yet done so. The first telephone c
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  25. Hi KYDCARMAN. I have'nt read the whole thread as i was just about to log off and you seem desparate.When you asked for your charges back the account was in dispute.When an account is in dispute it can not be handed over to a collection agency until the dispute is sorted out.The Halifax have handed or sold off your debt to that agency when clearly they should have solved your problem with charges first.This would have sorted out your account and you would'nt have this hassle now.Here is some information you could put into a letter in the morning to try and resolve this.FSA is the Financial
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  26. Hi Lizzy, Thanks for highlighting the "now" mistake - I noticed it before I sent it actuallly and changed it. Great, I thought that was the template letter - now, should I send that to Company A instead of the CRA?
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  27. hi and welcome to the site. The best advice i can give is to read the FAQs and also the threads in your banks forum. this is what bank fodder reccomends also what i used for my claim. Your action is on the grounds that:- You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last xx years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are
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  28. Word of caution - If you are offered a full, unconditional settlement for the amount that you claimed for, you have to accept it. You can try to negotiate the recent charges into your settlement, but they would be under no obligation to do this. MJ, for some reason, were seemingly more inclined to agree to this than SC&M, who on most occasions refuse. Your options are; a) contact the court and amend the amount of your claim to include the recent charges, which will carry a fee of £35, or b) ensure you don't agree to the 'no future claims' condition when this one is settled, and start the p
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  29. well done dayglo read your thread and ref this I'm tempted to send a letter confirming our telephone conversation - I'd hate to leave it for two or three weeks only for them to claim no record of my request! if you use this site http://www.rectel.co.uk/ before making phone calls you ring the number and it will give you a four figured code it will prompt you to enter the number you want to ring. have your conversation but remember dont get mad or swear be really polite. this is the best bit. as you are not a data controller you do not have to tell them you are rec
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  30. happy to be of service-if you think I've been able to help,please click on the scales top right thanks
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