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cookie121

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Everything posted by cookie121

  1. Can someone just tell me if it is 14 days or working days?
  2. Hi Mike, The best advice would be to read as much material on this site as poss especially the FAQ's and step-step guide, then have mosey around the FD threads and read some of the stories and successes to get you in the fighting mood, but in answer to you question FD generally tow the line and take it to the eleventh hour before coughing, but heh what would you expect. It doesn't mean they couldn't change their tactics so regularly check back and listen to others, ask questions and keep us updated in this your very own thread. Have fun and good luck
  3. I don't know if you heard about this then: The Financial Ombudsman has recently adjudicated in a complaint against the Alliance and Leicester bank on the matter of a retaliatory account closure. The Ombudsman found that the account closure of a Consumer Action Group user was merely a response to his claim for the recovery of unlawful bank charges. The FOS awarded the complainant £175 (of which £50 had already been paid by the bank) The Financial Ombudsman found that although the bank was within its contractual right to close the account, it was also required to operate the account contract fairly. The closure of the account was unfair because it was carried out in retaliation and as a punitive measure.
  4. Just Starting out helping girlfriend claim, got an action against FD myself, Is ther anything I should know about Lloyds or are they just towing the line in general, by the threads I have read it would seem so?
  5. Thanks, SAR off tomorrow then, Need to sort out another account too I guess, just in case, but I think they might all have learnt a lesson from Alliance and Leicester on that one
  6. Hi Nick, I was referring to this thread http://www.consumeractiongroup.co.uk/forum/abbey-bank/18505-abbey-draft-alternative-approach.html and was wondering if abbey are now conforming with the SAR or are they still using delaying tactics. Are people trying his alternative approach if this is the case. We do not have all statements just a several months. I am helping my girlfriend reclaim her charges and I am also reclaiming from First Direct. Different banks have differing methods of doing thing, just trying to do some homework that may save me time later?
  7. Hi I have been looking around, and trying to acertain whether or not the alternative approach as posted in the stickys is now the standard approach procedure in respect to an SAR, we have some statements, so could proceed, has an alternative template been posted yet can't find it? :)
  8. Prelim letter sent today 2nd March 14 days start tomorrow. Does anyone know if the FSO report into a what should be a reasonable charge will impact exsisting claims?
  9. As a general rule I use 1st class one day guaranteed, so 14 days from then. If they then either deny delivery then you can contact the RM, but I would personally continue with the letters and deadlines as prescreibed, If they are stalling they will find it very hard to deny servance of official court papers and as long as you have a record of correspondance, they would be stupid to ignore any demands!
  10. 'DON'T PANIC' The answer is simple you have had your first two rejected and probably not unreasonably as the particulars were wrong as you pointed out. So now you have done something right and come to this site. Read all the info you can on this site answer questions, they will be answered. Sit down start from the beginning. Follow the step-by-step guides and if you do it correctly now then you should move onto MCOL stage, good luck
  11. A. Maybe. There is a separate thread on this in this forum. The statue of limitations states that you can only go back 6 years. However, it also states that if you have had the truth held from you resulting in your not making a claim earlier, that you can claim from the date that you became aware. If you are unsure, you should only claim for 6 years.
  12. The debit interest is a tricky one. Firstly you have to work out Interest is charged by the bank on any overdrawn balance. It is argued that had the penalties not been charged then the balance would be less overdrawn or even not at all, giving rise to a lower interest charge or none at all.(It could also be argued that if you had had the extra money you'd have spent it and therefore been overdrawn on another occasion anyway, but then, you never had that opportunity.)The interest on penalties calculation aims to demonstrate an estimate of the interest that would not have been charged had the penalties not been applied. If the bank disagrees with the calculation it is up to them to provide a more accurate figure.The following should be considered when using this estimated calculation:The calculations do not compound the interest, i.e. interest on previous unlawfully charged interest has not been included.Charges are deemed to have been applied to the whole of the month in which they have been charged.The date of the interest charged is arbitrary as the interest is a more complex calculation processed by the bank using a daily basis. Other considerations are if they were an agreed overdraft rate as well, all to complex for me and I don't think IMHO the bank are wrong in charging interest on what is essentially a loan so they can keep that £20, but if you feel the need, good luck
  13. A strange feeling of De javoo has just come over me. My son worked very hard over xmas to purchase the same phone, duely purchased it and a month later it developed a fault. the screen would freeze and require removing the battery to reset. I witnessed it, the salesman in the store witnessed it and agreed to send for repair. Four weeks later nothing, so I contacted them. They say an engineer has looked, but is unable to find a fault. They require my son to pay for the return of the phone adding insult to injury. I have told them that they had better have the phone retested with the evidence provided by the salesman who witnessed the fault and gave them 14 days to repair or replace the phone under my statatory rights. I am currently awaiting the 14 day period. Under your stat rights an item must be fit for purpose ie fitness for all the purposes for which goods of the kind in question are commonly supplied, free from faults and not damaged at date of purchase, but also have reasonable durability. The onas is on them, make them understand you know your rights set them tenable deadlines for action if they don't comply issue them with a letter before action by sign for delivery. I doubt it will get that far as they know you are right just flobbing off scares most away. good luck. PS I will keep you informed through this thread of my progress.
  14. No have both accounts statements, have now two figures totaling 1500. Do I send separate pre-lim request for payment ie one letter per account or add the two accounts together and claim as one figure adding an explainitory breakdown and enclose the separate spread sheets as clarification. I am thinking that when I get to the court stage If the acoounts are dealt with separately at this stage, I will have to make two claims through the courts, am I wrong?
  15. It appears blatantly obvious to me that banks are refusing to go to court, because they know the day they defend a case they have to justify their fees and can't. What it comes down too is and I'm sure they know this too, the amount they are paying out only £7910515 to 5659 declared claimants, extrapolate that a bit to others claiming through other sites and independents for ease sake double it make £15821030 add an arbitrary figure for claims in process lets say £10000000 thats £25821030 spread that over the 20 or so finance houses involved £1291051 Barclays being the only one I know of that have declared profits of 7Bn,others are probably similar figures, as you can see we claimants are not even 1%. Figures are made up but show that we are nothing more than a nasty itch. They won't start scratching beleive me! 8-)
  16. Well added it all up and before interest is added we have a little shy of £1500. That will do nice thank you.. One question though this sum is over two accounts one closed, do I have to send a pre-lim for accounts separately or just lump them in together?
  17. Statements arrived 23rd Feb Highlighter at the ready
  18. I wish sent my request on the 2nd feb still not turned up
  19. keep trawling these threads and you will find all you need to know, It seem to me that you jumped straight in with an LBA without sending a preliminary request for payment and did not adhere to a time frame giving FD the oppotunity to put you on the back foot. I don't think I am in a position to give advice just yet, but seems that you should continue resubmit your LBA give them the 14 days then Start a MCOL. Try and split your claims by years as to keep them below the 5K threhhold for small claims. Don't take myword for it though search the threads build up a plan wait for more input to this thread and above all have the confidence of your convictions to see it through,the money will come. Good Luck. Oh and don't forget to add 8% at the court proceeding stage too.
  20. How long before statements should arrive, been a week now since FD would be sent by courier?
  21. Ring them up and ask! give them enough details ie address of account and name they may oblige, when you have an account no. just send you S.A.R (subject Acess Request) to First Direct 40 Wakefield Road Leeds LS98 1FD you can add FAO Data Protection Dept but not necessary mine found its way, think they are a might busy at the Mo....hehe
  22. Can't help thinking if they paid up so quick, that their investigation discovered that you had massively underestimated your charges.
  23. Everitt, Firstly welcome, I am a newby here myself, but this I can answer. You can claim for closed accounts as long as they fall within the 6 year fall off period. £200 quid is 200 quid so my advice is get prepared first and go for it, claim what is rightfully yours. Good luck
  24. Hi Bopomofo seems to be the form on here is to keep to the pre prescribed format and all will go well, seems to be alot of help on here too when it all gets a bit tricky or your feeling unsure about it all, I can't give any tips as yet just starting out too, but as I, you have had no replies so thought I would give you some encouragement
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