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Showing content with the highest reputation on 27/10/06 in all areas

  1. Guys The ICO is really interested in failures to cmply with the DPA and its intent, ie. tosupply you with the data your entitled to in the timeframe set out and in an understandable format. If they are not doing this then they arent complying and you should complain to the ICO. If no one complains then the ICO thinks everything is hunky dory. Glenn
  2. Here we go then, this is my prelim letter, including the claim for contractual interest: Hold on to your hats, I think this one could get bumpy BTW, in case anyone's wondering how the contractual compounded interest is calculated, I used mindzai's excellent spreadsheet for this task Cheers Michael
  3. 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 66(3) of the RTA1991. This originally came to light in May 2005 when NPAS ruled against Bury Council on the above points (NPAS are the independant parking adjudicators even though they are solely funded by 60p from each PCN - but thats another story) Despite NPAS sending out an urgent memo to all local authorities regarding this some councils have STILL not changed the wording, leaving themselves open to potentially having to refund millions. I am currently pursuing Blackpool Council for two tickets based on the above, i'll keep you posted. Take a look at the following for further info, this guy is catching them out one after another ! http://neilherron.blogspot.com/ A good press story about it http://www.peterboroughtoday.co.uk/ViewArticle2.aspx?SectionID=845&ArticleID=1444414
  4. Hi there, first of all welcome - just thought this might help, you could prepare everything in advance and then complete with your figures once you've worked them out etc....You could also make a start on your schedule of charges spreadsheet. When you are in receipt of all of the bank charges for the last six years that are relevent to your claim then you need to go here : Consumer Action Group > Libraries - bank charges materials and other issues > Bank Templates Library 2. Letter - Preliminary approach for repayment. This will give you the template for the next letter - download it and then tweek to suit etc. Along with this you will need to attach a schedule of charges which is a spread sheet that you will also need to download and complete. Do not include the 8% interest at this stage this will only need to be added at the court claim stage there are a few different versions here one will suit: Consumer Action Group > Libraries - bank charges materials and other issues > Bank Templates Library 6. Interest calculation spreadsheets I think that's all this stage. But another piece of advice is read, read and read it will certainly give you the confidence to carry on especially when you see so many successes. Good luck and go for it !! Anything further or you do not understand then post again!
  5. And the majority have been settled and the ones that have are all before the court stage. I understand that its daunting and that everyone feels they will be the "first " to court, please remember we are in the right the banks are in the wrong.
  6. Try ringin and asking, and if not just from the start of your banking history or the six years
  7. SPREADSHEETS here use the complicated one and on the 8% sheet ( save it first in case it doesnt work) you just add th percentage rate of 28% or whatever in the yellow box at the top and it will jiggle the numbers for you, ( you will need to make sure you change the 8% wherever it appears so they kniow what you are claiming for and you are consistant. good luck on getting the contractual tho, they seem to fight harder for that!
  8. Your not taking up time Sam and I'm not convinced this is what I do best either lol Oooops I just realised your female 'blushes'
  9. nathal


    To begin , send off your sar request to see what fees u are claiming. they have 40days to comply. during that time you can read faq's and forums relevant to your claim
  10. You should adapt the LBA stating that you accept their initial offer as partial settlement of your claim against them, but that you will continue to pursue them for the whole amount, giving them 14 days to settle in full. If they don't settle then file your action aginst them. They will pay up.
  11. claim plus interst plus costs that way youve wrote it seems a bit long drawn imo
  12. Hi Javey - welcome to the CAG. Firstly, for a parachute account, have you tryed the Co-op? They're about the best of the bunch I reckon. With regards to account closure, with HSBC I would say its very, very, very unlikely. I have rarely heard of cases where they have closed an account, although there are no guarantees of course. Closing peoples accounts for merely pursueing a legitamate right does not go down to well with the regulators, and the FSA have ruled earlier this year that action such as this is discriminatory and unnacceptable. Also I should say well done for wanting to learn about the process before starting your claim. Far to many people get exited and jump straight in headfirst without really knowing what they are doing, which inevitabily leads to mistakes further down the line. Give it a few days or so to read up on all the important bits in the 'FAQ's' section, such as the step by step instructions, and read through some of the successful claims in the 'HSBC successes' sub-forum. Obviously its up to you, but I would'nt have thought you need to wait untill the new year to start your claim. Sooner you start the sooner you'll get your money back! Each step takes a bit of time anyway so you can learn as you go along, plus there are people here to help you whenever you need it. Good luck, Gary
  13. No. They'll find out soon enough. If you do write, tell them that you will be happy to accept their offer as part settlement, but you will be continuing your action for the whole amount. Good luck with your claim.
  14. It's not too late. Just forget about your first letter and start again. Do you have any statements at all? Do you have one which clearly show two charges in one month where their list shows only one? If so I would point out the error to them, indicating that you will refer any non-compliance issues to the Information Commissioner. Here is the text of the letter I just sent. Dear XXXXXXX Request for Charges on MBNA Visa Account of [Your Name] A/c number XXXX XXXX XXXX XXXX Thank you for your letter dated XXth Xxxxxxx, including your list of fees applied to my account. However, I am considerably concerned that this appears to be an incomplete list. I do in fact have to hand almost all the relevant statements from the last six years, and many of the charges shown on these are missing from your list. In particular, in months where there were both late payment and over-limit charges only one of these is shown in the list you provided. I sincerely hope that this is a genuine mistake on your part as any delays or attempts to avoid providing full details as requested would not be viewed kindly by either the Information Commissioner or a court. I note your indication that you have provided the information free of charge, but I contend that this does not release you from any obligation you have under the Data Protection Act. I have made a formal Subject Access Request and I am prepared to pay the maximum £10 fee for this, but I do expect to receive complete and accurate information. Accordingly please send me the complete information within the 40 days period of my original request, which expires on XXst Xxxxxxx. I previously supplied identification information confirming that my present address is as at the top of this letter. Yours sincerely [Your Name]
  15. It would also be worth asking to see the Traffic Regulation Order that applies to the location where they are alleging you have carried out the illegal u-turn. Given that Taliban for London are now able to issue these notices willy nilly (and it is the registered keeper of the vehicle who is liable, regardless of whether or not they were driving the vehicle) its time that motorists stood up and challenged them every step of the way.
  16. I just made it payable to NatWest. Worked for me.... Eventually, i had to get the information commissioner to make threatening noises on my behalf. But they just paid me £3700!!
  17. You need to search for a thread with "contractual" in it ("why isn't anyone claiming contractual interest?" I think it is) But before you decide to do that, make sure you know what you're doing, as it not an easy one to do, and you have to be able to argue it should you end in court.
  18. No you can use either the MCOL process or the N1 I and many others think the N1 is better as you can fit the full POC on it and it just looks better! lol! But it is one or the other. If you don't have to pay court fees you have to use an N1 though as well as filling out the EX160.
  19. heres the template to get searches removed to start you off Re: Unauthorised credit enquiry Dear Sir/Madam I would like to bring to your kind notice the contents of the latest credit report that I have received from the credit reference agencies. The credit reflects a credit enquiry from your company which I did not approve. I believe that legally you are not entitled to enquire on any debt amount without my authorization. I request you to delete this enquiry from my credit report with immediate effect as it is causing a hindrance in my acquiring a loan and other credit benefits. I have sent you this letter by first class mail so I may ensure that you receive it and send me a prompt response. Please forward me a written document stating the removal of this unauthorised enquiry. In other cases, kindly forward me a document containing the proof of the enquiry mentioned by you. Thanking you in earnest,
  20. NB This has never been looked at by a lawyer, so I accept no responsibility if it's wrong in any way!! The ordinary cause rules are very complicated and don't make easy reading. They're not designed for an individual to use, that's for sure.
  21. absolutely-just thank them for the partial,and tell them you are pursuing the remainder. and confidentiality clauses don't stand up......sign if you want to ,but they can't enforce them
  22. Hi Shoe Were at the same stage then i sent mine off today... So good luck
  23. The address for Alex Lyons is as follows: Mr Alex Lyons Data Protection Manager Retail Regulatory Risk 2ND fLOOR BUSINESS HOUSE B GOGARBUREN P.O.BOX 1000 Edinburgh EH12 1HQ We sent our Data protection letter here, and received all statements within 2 weeks. We also gave them a ring one evening just to ensure it was being dealt with. We spoke to Joyce Tudor on: 0131 6261117
  24. I would send it to the DPA Manager which is Alex Lyons as you rightly said hun but any registered address will do.
  25. Hi - this is the address I've used for everything and I'm going through MCOL etc.. at the no' so it should work for every stage. Best of luck - we're all gonna win ! Regads Wolfie NATIONAL WESTMINSTER BANK PLC 135 BISHOPSGATE LONDON EC2M 3UR
  26. I didn't understand what the question was about for a second. Having gone to the spreadsheet, now I do. I assume that because you are posting on the Barclays section, you are with that bank. The things to look for in your statements are "Paid Referral" and "Unpaid out". The wording in the spreadsheet when you first open it is an example only. You edit the words in the first column with Paid Referral or Unpaid out. When you get to the end of your highlighted list, edit anything below except the totals then you have your figure. If this posting has helped you please click on my scales, top right. Good Luck
  27. Yay. Check the information by clicking on the link to Govan Law Centre that Bankfodder posted above. To save you hunting for it, here it is again......... Unfair UK Bank Charges | legal help from Govan Law Centre, Glasgow, UK Hope that this answers your questions. Good luck with your claim.
  28. For those that have looked at their statements and may be wondering, what can i claim for?, and why are the descriptions confusing?, what about the overdraft interest is that claimable aswell? wonder no more. you can claim for anything which is deemed a penalty charge, which includes: returned direct debits, card mis-use, unpaid standing order, unpaid item, exceeding your overdraft, overdraft interest (see below), total charges (see below) notifed fees Unauthorised overdraft arrangement fees (more will be added as and when confirmation is found) you can not claim for: ATM (cash machine) usage (typically £1), an agreed overdraft fee, anything which is deemed a "service" by the bank (more will be added as and when confirmation is found) Overdraft interest This is the single most confusing part of most peoples claim, and one of the most frequently asked questions overdraft interest is applied to your whole overdraft, however if some of your overdraft is made up from (unlawfull) charges, then a proportion of the interest has been wrongly applied and is therefore reclaimable Example you have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawfull, then the interest should not be placed on the whole amount, only on the amount that you have actually spent, therefore in this example you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed, Dont worry, Vampiress has made a spreadsheet that will calculate this for you, you can find it here, but please read the instructions that come with it; Overdraft interest calculator thread Total charges (HSBC) Again this is another issue which many people aren't sure about, total charges are reclaimable, they are a seperate issue to the other afore mentioned charges (card mis-use, returned d-d's etc), and are not simply all of these charges added together each month. so they are also claimable on top of the other charges "total charges" also listed as notified fees refers to the charge they put on your account for going over your overdraft limit, this charge is calculated daily, and they can charge up to a maximum of £125 in one month for this, it is then debited from your account on a set date every month Important! For buisness accounts ONLY the "total charges" include a combination of reclaimable and genuine charges, and you will need a breakdown to exactly know what proportion of "total charges" are unlawful.
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