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Showing content with the highest reputation on 12/10/06 in all areas

  1. Morning all! This is my first post and I have been reading around the site as much as possible. As there is a distinct difference between the personal and business accounts of Abbey can others please make that clear on their own threads it will make the hunting more accurate!! On Abbeys business website the complaints address is; Abbey Business Banking Centre 301 St Vincent St GLASGOW G2 5NB So I will be sending my first letter today and see what happens:D
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  2. yes thanks, Caro, I'm not too hopeful that the letter will be an offer though....more like a nother stalling tactic... Hya, Bullfold and welcome to our forum....Caro's right, start up your own thread and we'll all chip in. You're right it's nice to share, and this place has helped me through all this trauma in more ways than one. Everyone is so supportive and informative...You've done well to get this far with out needing to shout out ( maybe you did that in private ) I'm just grateful that I can sound off in here and have a good moan and cry now and then with like minded people...... We help each other through and when the going
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  3. Dear Sir, Re:PCN xxxxxxx Vehicle: xxxxx I question the validity of the PCN as the PCN in question does not have the "Date of Issue" clearly marked as per the instructions of Section 66 (3) Road Traffic Act 1991 and does not adhere to the standards demonstrated clearly by the DoT model ticket. I refer you to the judicial review Moses v Barnet Council in the High Court on August2nd 2006. This test case decision by Mr. Justice Jackson ruled that Barnet's parking tickets were invalid as they did not have two dates on them, one a date of contravention and the other a date of issue. He also said that any parking ticket needs those
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  4. Complete success against Woking Council re their PCNs Cancelled after informal representations due to no date of issue and misrepresenting who is liable to pay on the rear. Only another 4 PCNs to go
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  5. An interesting issue is emerging within the Decriminalised Parking Enforcement system. This is the part of the Road Traffic Act 1991 which enables local councils to operate thier own parking regime. If you have been issued with a parking ticket and still have the original PCN (the ticket that gets attached to your windscreen), check the following points: 1. At the top of the ticket there must be the words "Date Of Issue", simply date or date of offence is not acceptable 2. The ticket must not refer to an "offence", the correct term is "contravention" Either of these points render the PCN unenforceable according to Section
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  6. NEVER GIVE UP TODAY I WON £1954.95 Claim Started June (SAR) Today Cobblers paid in full on my terms:D Never give up this site empowers people like you and me. £100 donation will be made as soon as cheque arrives :D
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  7. Tick the first box Delete as necessary Sign and date Post
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  8. if you have a look at some of our threads in the Lloyds section you'll see that Lloyds are doing the same to us re the "October" wait......seems like this is their current "game "
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  9. Glad for you Lesser, it takes a while for the court to Issue the Order but it's still plain sailing. Paul
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  10. Stupid question, please ignore my above post..... It says this: 85 Duty on issue of new credit-tokens (1) Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it. (2) If the creditor fails to comply with this section— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. (3) This section does not apply to a small ag
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  11. A fixed credit agreement is exactly what it says, an agreement to borrow a fixed amount over a fixed term and repay a set amount of interest. Running credit is of the credit card variety where the company aloow your day to day credit level to vary under a running agreement. The word should was refering to the fact that a bank current account should have a positive balance most of the time (until the bank takes loads of charges:eek: ) If you use a debit card knowing their is not enough money to cover the transaction (either with or without an overdraft facility) then your actually breaking the rules yourself. Most loans are covered b
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  12. Simple answer YES, follow the instructions and read the faqs you will be fine.
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  13. For the damages you can include the amount of extra postage/ink/paper, and any other quantifiable cost, that their non-compliance has caused. On my claims it was a token figure of £5. A distress claim is best avoided as you would need to provide evidence of that distress. This would probably mean a medical report of some sort, to prove that you had suffered from the stress and anxiety. As you have had the telephone conversation and effectively given them another 7 days, my feeling is that you should allow them that time. I would also send them a letter reiterating what was said on the phone, and informing them that unless they compl
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  14. It is more than likely that your CCJ is down to Nationwide. They have to CCJ before they can put a charge against your property. Now that you have established that the debt was 2/3 charges - (have you claimed contractual interest or statutory by the way?) it is my personal opinion that you have a good case for having the CCJ set aside especially since you have paid the debt off in full by settling the charge against the house. Nationwide seem very quick to place charges against property. The default will probably have come from them as well - it usually goes default, CCJ, charging order. If the CCJ is from them, I think it is definately
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  15. Actually Maggie, you might not get too much out of Wescot for the Data Protection Act Subject Access Request. This usually generates much more from the bank or credit card or finance house you had the original credit from. It includes all the statements of account from where you can get all the payments penalty charges which I guess is actually what you'd be looking for upon which to base your claim. Wescot will only have to provide the info they have on their system, which will only produce the payment record you have with them invariably so you're waiting 40 days to get not much at all. Tide is suggesting you should have 'signe
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  16. I am not so sure about that. If you proceed with the claim and the SAR papers arrive as promised early next week, i would assume that the courts would take this into consideration and not look too favourably towards the claiment. Yes i know that the deadline has passed, but the fact that a telephone conversation has now taken place and that you have been given notice, it may well be best to wait for just a few more days until proceeding with he claim. Obviously, if by Tuesday you have still not received anything, then i would proceed immediately with your claim without notice! This is just my opinion and perhaps you would be wise to ask
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  17. u can send it anywhere you like as they will make sure it gets to the right place. make sure u get recorded delivery as hsbc like to pretend they havent received our demands if u want it to go direct i would send it to: Mr Colin Langdale Senior Service Quality Officer Arlington Business Centre, Milshaw Park Lane, Leeds LS11 OPP good luck
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  18. Hi Yes you can and if you have a read up on it you will find all the answers you need. Start by reading the FAQ's and the step by step and this is a good start then spend some time reading the forums and the HSBC one and you will find others claiming for business accounts. If you need help then start a thread in the HSBC forum and use this and everyone will help. Good luck
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  19. thats right. they'll let court know they are going to defend in full just to give themselves the full 28 days then they will get dg to write to you for a breakdown so if u have the spreadsheet done that will be all u need to send. if u want a cheque but havent requested the payment be made this way i would do it in the cover letter to dg. thats what i have done. good luck
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  20. A SAR covers the subject, ie you, and all accounts and information they hold on you. I am not aware that YB Visa is a different organisation, so tell them specifically that you want the Visa info included on the SAR and see what the written response is.
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  21. Hi standard scare tactic, follow Martins advice you will be fine.
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  22. It would be, but you have a couple of options. 1) Claim the 8% but you can only do that once you have filed a claim with the court. The other option and my personal favourite is to claim contractual interest. This is the same interest that they charge you which you will see on the statements. My claim with them was at 27.9%. The beauty of this is you can claim it from day one in your prelim letter. The only downside is if it goes to court, you will need to convince the court that the charged interest rate should be reciprical, but I don't have an issue with this as I feel it would be difficult for the card sharks to argue against. If you go d
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  23. open / closed / dormant / active ... doens't matter ... you can reclaim on ANY account you had within the last 6 years....keep reading through the forums, and read this if you already havent http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ http://www.consumeractiongroup.co.uk/forum/abbey-bank/announcement-center-bankfodder-very-sick.html Once you are comfortable with the site and how to get around pretty easily, you can pop into your banks forum (each bank has their own little group) so that you can meet people in similar situations to you – some will be further along in the process, some like you, just be
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  24. Stick it out you will get the FULL amount. Accept the cash as a part settlement. inform them you are seeking the balance.
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  25. Send an LBA for non-compliance with the Data Protection Act threatening court action within 7 days if you don't get the info. You can find the letter in the bank templates library. I wouldn't bother with phone calls, but keep everything in writing in case you need to produce it at a later stage. You probably won't but you never know. By the way it is just 40 days not 40 working days, just for clarification.
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  26. Ok dollies I just found this thread, Your CCA request should provide a copy of the signed and executed credit agreement, a statement of account ( which may just be a balance statement) and any other document mentioned in the agreement. After 12 working days Lowell are in default and after a further 30 calendar days the commit an offence and the debt is unenforceable until a court enforces it, which is unlikely without the proper paperwork. They are NOT entitled to enforce the debt while they are in default. if anyone calls at your house get their name and ideally take a photo of them ( your mobile is good) The account is in dispute
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  27. dont worry about any delays, I had a problem with mine (family problem) they might have thought Id given up (how wrong they were) all you have to do is get your claim back on track 7 Win..(you will win) Hope that helps you out a bit, if anyone is reading this, can you give help where I have missed something out please.
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  28. Hi Blackrain, You might also find some joy in the knowledge that Birmingham Midshires paid back 2 ERCs last week. See Lickthewallfatboy & Thunderpuss threads. You can incorporate the following response to the no breach argument into your LBA: Stick to your guns and it won't be long until you see your money again. Best of luck Zoot
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  29. i would go ahead with mcol as planned. they ignore lots of people and even if they say they never recieved anything at all, post is dubbed legally recieved after 2 days i believe. i wouldnt worry about sending another copy to the bank. you can change the amount at any time up til mcol. i didnt inform them when i added more to mcol amount after lba. i would add something like "claiming back unlawful charges and removal of default caused by unlawful charges...blah blah" hope this helps
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  30. you'll get a partial offer in a few days, seems the going rate at the mo is 1/2 + £100! i received mine 3 days after receiving copy of their AQ good luck:D
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  31. Hello nackers , I write down thename ,centre location,exact time and date of every phone call to customer services or any person at A&L. This will help you to quote this info when you eventually get the right person to help you - there are some !!!!!!. I phoned every week after I sent my SAR and after 30 days they arrived. I also was told by a line manager (day 23)called John in Liverpool that he would E mail mail on my behalf the person dealing with the SARs. Ask for a line manager to call you back It worked for me.
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  32. As they are swamped with SARs they hav estaretd sending out just a list of charges and dates they were applied rather than the full printout of statements so as they are not fully complying with the S.A.R - (Subject Access Request) they are sending the £10 back. Butr you get th einfo you need. I also, however got a cheque through for £370 with my Data Protection Act SAR info without even having mentioned charges yet but I haven't heard this happening to anyone else! http://www.consumeractiongroup.co.uk/forum/alliance-leicester/18178-gargoil-alliance-leicester.html
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  33. What number did you phone? Try 01244 672628. Its the right dept for Data Protection Act requests, its on a few of my letters. Its the customer advocate office. Go the more direct route saying you posted the letter on xx date, you posted recorded, cheque has been cashed etc. Try and sound complaining but polite, IE You paid £10 for a service and they haven't provided it. If you get no joy send them the 7 day LBA for Data Protection Act non compliance letter in the templates library! PS A&L returned my £10 DPA S.A.R - (Subject Access Request) fee and have done the same with others on here!
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  34. Hi Larger_Lou, I used the PoC from the templates library and they (Cobbetts) were unable to pick any holes in mine. Go with it and be confident - You will win!
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  35. Yes I would agree with that. If the Catalogue company sold on the debt tho then it would be the dca who have the final say. They may have done a write down on it. Its also possible that the Catalogue company on seeing possible litigation bought the debt back and they have wrote it off. As has been suggested its a matter of keeping a check on credit files......and looking oit for any re-registered default notices. A promising result if it holds tho.
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  36. The next step is the "rejection of offer" template letter below - assuming you don't to accept their offer, which I'd imagine you don't!! 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 if necessary. My letter before action sent previously indicates that you have until xx/xx/xx to respond before Cou
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  37. Ring them up or go in and ask where the statements are that they say were enclosed.
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  38. You would loose a load asi have previouly said.You should look at your statement and see how much they are charging you a month,this may vary .If it is say (as mine is) 0.79% per month then £35 x 0.79% x 12 months would be £3.32,put this in a seperate column and add the total.I did my own spread sheet viz; 04/12/00 charge for item returned unpaid £25 interest 0.79% pm x70=£13.82 21/12/00 charge for unauthorised overdraft £20 " " pmx69=£9.66 etc etc to the present day Total charges here Total interest here Grand Total: add charges + interest=figure here Flopin easy but takes ages(buy a calculator!),its your money remembe
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  39. I have no persaonal experience but I know Payplan and CCCS are always recommended as they charge no fees. If you are experiencing debt problems then here TMF: Dealing with Debt is a very good palce to get help and support from and help you make your decision - BTW are you reclaiming charges as well - these will probably make a big dent in the debts. Good Luck
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  40. there is a link on forum - debt from what i read alot of members have opted to a debt management programme, have a look and u can speak to ones that have done this
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  41. Hiya Dont be scared, It all may look a bit scarey, but its not, As for your husband not knowing about the charges, I was in the same boat, I made a joke about it, & he was great when I told him, If you want to chat any time, Please feel free to PM(private message) me, & if anyone else is in the same boat, pm me, My claims are all finished now, so Im going to help other where I can. But never be scared, remember they took it off you & its time you took it back.
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  42. Kath, i`m at the Money Claim stage with Citi if you need any help PM me.
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  43. Hi Kia, you can send it as soon as you get it if you want to, but as long as it is in by the deadline, thats ok
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  44. Yes, yes and yes If you have paid unlawful charges on any account, they are all reclaimable. Please read through the FAQ's to familiarise yourself with the process, it helps no end and gives you all the answers you could need. Hope this helps!
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  45. Yesterday I phoned Currys and almost got somewhere. I got someone who sounded like he wanted to help, but needed to call another department. He took my number to call me back and I still haven't heard anything. So, today I phoned Currys - it wasn't pretty. I asked when it would be replaced, the bloke was more interested in some uplift code which the technician hasn't supplied (yet?). I asked again when it would be replaced (had to give them one last chance) and again I get some fob off about an uplift code ... blah ... needs inspected ... blah ... I told them I'd arrange to have it certified as faulty by an independant 3rd party. T
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  46. I have a philips plasma, purchased from currys, it has had an intermitant fault for about 5 months, and the unit is only 7 months old! i have been in conversation with mastercare (currys aftercare service), what i have been told by them, and may help you out is, I quote, "from the day you report the fault you need to call at least once a week (not letting it go over a week between calls) even if the unit is away for repair! by doing that as long as we have had a chance to repair the unit at least once, after the 28 days you will be entitled to exchange the unit" i am still ongoing with my tv at the moment (waiting for parts which are back or
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  47. accept the payment, saying that I accept this as part payment and wait for the remaining money to be offered and not sign the form, what you said hehe
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  48. have you read this one? http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/2363-if-you-claiming-business.html
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