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Showing content with the highest reputation on 01/11/06 in all areas

  1. Not in the s/s. But it is a legitimate cost that can be claimed on the N1,which you gave notice of in the DPA letter.
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  2. so far I have had 4 recordeds that have done this. When you call to file a complaint they check another system and for all 4 of mine they showed there. Try calling them and see what they can find.
    1 point
  3. Hi Hudu, I think it is best to start with the Data protection Letter to make sure YOU haven't missed anything. You can include all charges which are penalty charges, eg bounced cheques, unpaid DD, unauthorised OD, late payments charges etc. Read as much as you can on the ite and post any quesions. You will find lots of support her. Good Luck Nona
    1 point
  4. Hi Bill Yeah I've been through this 6 year's worth of data issue with my bank. I sent the SAR to my branch who sent it on to their central Network Support people. They replied that they had received my request for six years and would supply it. I got back to them and said - no not six years, all - they wrote back saying that six years was all they could provide. At that stage I wrote to them asking them where it said this in the Data Protection Act and also wrote to my branch manager informing her as to what was going on with an SAR that had originally been addressed to her branch. Within
    1 point
  5. Only 6 years is what the banks would like us to believe they hold & its nonsense. Their records go back much further & they are holding onto everything of late for the purposes of Money Laundering reporting
    1 point
  6. There is no other opinion but to use alternatives when claiming contractual interest though, and it's not an unusual thing to do. It isn't 'farting about', it's a perfectly acceptable approach. Besides, it's not for the defendant to decide if the argument is weak. If they think they smell fear and want to take it to court, we're prerfectly prepared to go. Most of the particulars are actually from the standard template, it's the interest rate sections that differ to cater for contractual interest. We thought it would be best to include reasoning for claimng the contractual interest. Mindza
    1 point
  7. Zoot is right, in English Law you cannot clear a debt in full by only giving part payment. A creditor can happily agree to less then the full amount and still chase you for the balance. This rule developed to prevent unscrupulous debtors from holding people to ransom over their money, ie, "Either accept 50% or you'll get nowt.". This would especially be a problem to people or businessess who were financially strapped who could not afford to turn down the part payment. Technically, by offering part payment you are creating a seperate contract and as you are giving no valuable consideration then
    1 point
  8. In section G I wrote: I am claiming back charges levied against me by abbey bank between XX and YY. I would argue that the bank have deliberately concealed their true charges and have turned what should be liquidated damages into an unlawful penalty charge. It is contested by the defendant that the fees levied are "proportionate to the Defendants administrative expenses incurred due to the Claimants Breach of Contract, and are a genuine pre-estimate to the damage suffered by the Defendant". In order for the defendant to substantiate this argument, it will be necessary for evid
    0 points
  9. I suggest you just send them a bill for the letters anyway, if they don't pay, then go through small claims for an unpaid debt.
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  10. Hello Cad If you have ALL your statements for the period you are reclaiming charges over, then you don't need to request any information under the data protection act. You can fill in the spreadsheets with all the charges that have been levied on your account, then dive straight in with the Prelim letter asking them for your money back. If you have'nt got all the information, or you have parts missing that you would like to have, then you send them a SAR, and this then gives them 40 days to get the info to you under the DPA. Once you have done this, they will acknowledge it wit
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  11. Depends - there should be two dates on it (date of issue and date of offence). Both of them should match, however the date of issue must always be the SAME or AFTER the date of offence. Your (completely) legal defence to this should be "The alledged contravention did not occur" which is a defence under the Road Traffic Act 1991. Your second offence would also be "the traffic order is invalid." I personally think you have a great case to get your ticket cancelled. My advice would be to write a letter to them, explaining where you were and what you were doing at the time on the ticket
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  12. I'm not quite with you there. It all depends on what type of "criminal record" you're talking about. Any conviction for any offence will generate a "criminal record" in the broadest sense, i.e. a record that you have been convicted of the specified offence. For the purposes of supplying a record of criminal convictions to people such as prospective employers this is carried out via the Criminal Records Bureau. Their own definition of "criminal record" is the same as that used on the Police National Computer (PNC). An offence only appears on PNC if it is a recordable offence as defined by
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  13. Great lette,r just a few little bits and bobs (soz to be so pedantic) they are all in bold, with "corrections" or whatever next to them...
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  14. I'm inclined to agree, RBS do seem to be unwilling to go to court and don't seem keen on getting involved in a slugging match. I was offered full settlement after I sent off my LBA. No more toying with them, send them the LBA!!!! I'm not sure I've got this correct or not, but it seems like you are giving them 14 days to respond after each rejection letter? The 14 days should be from your first letter and any rejection letter you send should have a deadline of however many days are left of that deadline not another 14 (hope that made sense) otherwise you will be hanging round forever a
    0 points
  15. Ok, so you have not yet received your statements via your S.A.R.? Have they cashed the cheque? If they have, then they must have received your letter. In your letter of the 20th, did you write to tell them the account was in dispute? Make sure that in future you send your letters recorded delivery - they will use any excuse not to comply with your requests. When you begin claiming back your charges make sure that you include the line about the default removal. It is highlighted red in the template letters. This is very important. If you don't include it as part of your claim, th
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  16. Here you go, this should stop them in their tracks. Change the bits in bold (and unbold them obviously!) Make sure you go online and acknowledge service of the paperwork, this will give you 28 days instead of the usual 14 days. Full instructions should be with the claim. DO NOT send them any money, or bother talking to Nat West. Just send them this letter, and wait patiently. Your Address etc Bryan Carter & Co Solicitors Persimmon House, Dehavilland Drive Brooklands Business Park Weybridge KT13 0NT Date Dear Sir In the XXXX
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  17. To be honest, I think you are wasting time. If you had sent an LBA at the start of October, I think you may have been settled by now. If I were you, I would just hit them with it (the LBA, that is) and stress that you have made every reasonable effort to settle without litigation. Set them a deadline of (at most) a week and even phone them the morning before you file. I think this would probably be your best course of action, but at the end of the day, it's your call. j
    0 points
  18. thanks everyone, I sent all letters previous to court to bishopgate, then to cobbetts
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  19. Ok - what i did was send a letter declining offer and then i waited any way until the two weeks were up even though they responded with an offer, then i filed moneyclaim on that day. Hope that helps
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  20. I would advise against it. A postal order i'm sure would be acceptable. Sometimes they wont always cash the payment so you may get it back with your statements. Good Luck
    0 points
  21. Sorry to jump in on your thread Mo Clive? so your claim is at court now? if yes keep checking your bank account, I feel Fridays a Good Day For You.....
    0 points
  22. Hi dollies01, Thats certainly the way i did it provided thirty days have elapsed from the date they appeared in your charges section as that is when they are applied to your account and then appear as fees paid in the main body of your statement! Its a much quicker way of doing it rather than sifting through every page an you can bet your last penny if its contained in your charges section then they will take it from you on the thirty day mark Let me know if this helps.
    0 points
  23. Okay, I ought to call this a day and not dig in my heals and , I agree, maybe it would be good for us all to know on some kind of posting from the mods that ' with the donations we have been able to update our server or get some new books or taken on some paid staff to help out with all the chores' fair enough I can recognise that point, but to ask them to be accountable or publish where donations are spent ? come on ! The site is free, free to speak , free to use, BF and dave trust our consciences, never ask for anything back and only suggest that if we have got something out of using the for
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  24. Wait for your statements to arrive, and make sure that you include the request for default removal in your letters requesting the refund of your charges. See the template letters in the library for more info. Make sure that when you file your money claim, you include the request for default removal on your claim. Good Luck.
    0 points
  25. First thing is for your father to ring the bank and cancel the direct debits. Might be an idea if he also gives instructions to the bank not to accept any new direct debits from him. Ask him if he has had anyone at the door or on the phone talking about a change of supplier-possibly as much as a month ago. He will probably say no as his current supplier would have written to him and the new one should have contacted him too. Also, he should have had his meter read. If none of that has happened, it is possible that he is the victim of a [problem] or has been cloned. That
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  26. the search bar at the top of this section is really useful have a go and see what comes up, you may get lots of threads but go through them , the words you are searching will be highlighted in red. BL:)
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  27. There's no harm in doing so. I'm also waiting on the "microfiche" statements from BC and I've written to them pointing out the Abbey situation. However so far I've not even received an acknowledgement of my letter. It's worth pointing out that the ICO decided that the way that Abbey utilise their microfiche makes it a "relevant filing system"; the ICO have not given a blanket verdict on all microfiche filing systems and BC may well argue that they utilise the microfiche differently to Abbey. Pete
    0 points
  28. Hi Laura. Didn't you make a note of what forums you were posting in ? Tut! Tut! All the following links will take you to your threads. http://www.consumeractiongroup.co.uk/forum/other-stores/42602-catalogues.html http://www.consumeractiongroup.co.uk/forum/other-stores/42600-co-op.html http://www.consumeractiongroup.co.uk/forum/lloyds-bank/40818-help-i-m-new.html http://www.consumeractiongroup.co.uk/forum/lloyds-bank/41442-so-what-r-subject.html http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/42656-where-my-postings-made.html :grin: :grin:
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  29. Hi Laura Clcik your own name on your post above and then "Find all posts by laura cooke" and you will find them and also they will be in your UserCP underr threads. welly:)
    0 points
  30. Sorry, andrew1, but I do not feel ashamed for raising a genuine concern and I really cannot believe the way I was attacked for voicing my opinion. I'm not going to start re-posting in this thread (save for this one) because it's entirely fruitless, but I suggest you go back and read through this thread from the beginning. I hope you will then realise that I never intended any malice, was never rude or abusive, and provided an opportunity for a genuine response from those with the knowledge. I never got it, which is entirely their privilege, and I am without recount to that privilege. Fine.
    0 points
  31. The settlement figure they have offered you is in no way linked to your repayments on your account with them, it's a seperate issue. And you won't be intimidated into thinking they are.
    0 points
  32. if the calls do start again simply refuse to answer their security qurestions on the basis you have no proof of who they say they are. The call cannot continue of you don't answer their silly questions. You have no idea who it is other than their word for it, just refuse to believe them as you didnt instigate the phone call. I actually told one of the muppets one day that I was the heir to the throne of England and could he prove otherwise over a random call, 'no he said but I didnt dial Prince Charles number'... to which I replied 'prove it' he hung up on me just as I was getting starte
    0 points
  33. Report them to the cops anyway. It wont help their case when you tell the judge about Police involvement under the Harrassment Act. You dont have to press charges, you can just ask at the desk that a note be made in the Duty Logbook about the phone calls. If the calls start again, you can go back and tell them they have started again, point out your earlier complaint in their log book and tell them you want it speak to CID about it. Adds a bit more weight to your complaint.
    0 points
  34. Hello and Welcome First of all dont panic - you will soon have your money back in your hands where it belongs!! Yes you can claim back your charges, even if you were late paying, even if you went over your limit and even if your DD Bounced!!! Remember the banks have acted unlawful you havent!!! Before you start anything make sure you read the FAQs and as many threads as possible as there is a wealth of information on here!! Before you start, make sure you start your own thread in the bank you are claiming against forum. AS you have already posted this one, I assume yo
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  35. I may well be wrong but to my mind once the account is settled and closed then a new agreement has to be established. If nothing else your permission to process your data ceased with the account closure and they can't just assume and restart that processing.
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  37. NAtionwide is worth doing through your local court. My particulars included the following... c) a declaration from this honourable court that the term of the contract leading to the application of the charges is unenforceable; d) A declaration that any term allowing the defendant to terminate banking services supplied to the claimant without cause is similarly unenforceable; And they agreed in the order that they wouldn't close accounts... That seems to be the trick - make it clear that you want your money back but you don't want to change banks and if they try to cl
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  38. write and thank them for the partial refund,and that you will continue to pursue the remainder
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  39. Ok, so i took my time but i eventually got my act together and sent my preliminary letter to lloyds. I was a bit confused by by all the addresses given on here so i used the one at the top of my statement, which i sent on the 18th sept, and i neglected to send it recorded delivery, do you think i should resend to Ms. Siddique?
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  40. Yes, perhaps a little too simplistic... My advice is, and always has been, this... 1) If you do actually owe the money under a default, then pay it off, or keep to an arrangement. However, if any of it is through penalty charges (or the default notice was due to penalty charges and interest), get that back and make it a condition of the claim that they remove the default notice forever. 2) My tact with the people I've helped, and my own file, is to remove all historic data and settled accounts. I am leaving my own 'running' accounts on there - as I did give permission in my contract
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  41. Printed , I do part time taxi work so they will go on the board, loads of people so printed plenty
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  42. Downloaded and ready to print! Will hang => at the gym => at my hunny's work => at the local co-op and Morrisons Brilliant idea, Spiceskull!!!
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  43. 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 no
    0 points
  44. dont worry about it, the loan account is a seperate issue, they cant close it in the same way that you cant just decide to stop paying it, you both entered into a credit agreement, and they cant forclose your loan account as this would be breach of contract
    0 points
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