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thecornflake

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Everything posted by thecornflake

  1. I think the point they are missing is that if the envelope had been a better one it wouldn't have got ripped. It was just a standard one meant for a single letter and it was the fact they had rammed loads of statements in it that meant it was ripped. Of course, Royal Mail aren't entirely fault free.I didn't have to sign for mine. It was left outside my front door and I only saw it when I left for work. If I hadn't been late no-one would have been in and they would have sat there for the rest of the day.
  2. You might want to refer to the survey to see how much Halifax have paid back, and that's just to people who bother to fill in the survey. Here is a copy of the letter I used to put my account in dispute -
  3. The OFT are unlikely to affect anything to do with our claims. Their credit card ruling didn't and if the bank report/ruling is any different they'll have to give reasons why. I think it will be along the same lines, i.e. setting a threshold for OFT intervention and we'll just carry on claiming.
  4. I remember a few people have had this with Natwest, I'm not sure about other banks. Basically I'm not sure exactly how we complain about this. Both lots of my statements from NW have turned up in ripped borwn envelopes, the ones today had all the account number etc clearly visible because an entire corner of the envelope was missing. The token rubber band around the middle didn't seem to be terribly effective. Would this be a matter for the ICO?
  5. Thanks for the comments. OldBear, I am indeed Sir Cornflake. I have no doubts that the letter will be chucked in the same pile as the rest, but I want to make sure I've mentioned the additional points at this early stage so that in the event of a court case I can prove I made them clear from the beginning.
  6. I think if you took the number of staff, the number of failed DDs, overlimit accounts etc per day and the amoutn of time they say gets spent on each item it won't tally up. They would probably need thousands of staff to spend an hour or more on each thing.I was thinking last night you could call customer services and say you received details of staff names and wages, and wanted to check if this was correct as it concerned you. Let the office grapevine do the rest.
  7. I proved my identity by using their secure online messaging service. this might help. I'm not sure if they can procede with the court action if the debt is in dispute. I'm also not sure about charging orders though so I don't know what your reaction should be to it.
  8. I work in IT too. I think the screen dumps would not be good evidence on their own unless they can prove when they were taken etc, as already said. This is very odd unless as was said they take screen shots everytime anyone does something. This would take up a huge amount of space but is possible with a lot of servers. If they do this as a rule why has no-one else yet received this? Providing a list of staff and their hourly rates of pay is extremely dubious. I'm very surprised they've done this - when I work on payroll systems I have to sign agreements not to mention salaries to anyone, not even other employees. It's a sackable offence. This may be a new tactic after them being taken over by Citicard. Whether it's good enough in a court remains to be seen.
  9. You need to give more information about what you are doing. Are you referring to a spreadsheet? If so, which one and how do you mean it only goes to 2006?
  10. To make it easier for people to help you and keep track of your claim you should start a new thread. You need to firstly read the FAQs. To request the information you shoul ddo a Data Protection Act Request for which they can only charge £10. If you just ask for copies of your statements they will charge for each statement as you said. They will just send all the statements for the DPA request but it limits their charge for this to £10 doing it this way.
  11. You may have issues with this as I'm not sure how much you need to specify what information you are requesting. It seems like they have mistaken your request for a standard charges request, in which case they won't realise if they've already sent the staements. I would send them a letter pointing out their mistake and the fact that the deadline is still ticking from the date of your original request...
  12. Capquest were on watchdog last night by the way. I would do a CCA request for the original agreement and tell them the account is in dispute until you have recieved the information back. The fact you are too late etc is all rubbish. In fact after a certain amount of time with no acknowledgement from yourself they can't chase it anyway.
  13. Bumping this just once, as I intend to send the prelim in the next couple of days and if I'm not 100% sure about this point of law I'll leave it out.
  14. Very interesting. i didn't know you still had to go if the funds won't clear in time. Are you sure Abbey aren't attending? If so you're laughing. As long as you have all the relevant info required by the court you should be fine. It will be interesting to see what happens, as they have settled but there will still be a hearing. Keep us up to date.
  15. I would reply to the 25th Jan letter to say you're not accepting the offer, as to simply ignore it may look bad should it end up in court. I don't think you need to reply to the latest one. It almost sounds more like a fob-off letter to a prelim or LBA than what I would expect at this stage. Maybe they've got mixed up which if true is certainly in your favour. It'll be interesting to see what happens with the AQs.
  16. This is correct. Standard reply in the name of damage limitation, as a few people might read this and think 'oh ok then' and not go any further. Carry on with your timescale - this bit is very important, keep to your timescale and don't let them affect it if at all possible.
  17. I'm pretty sure I didn't have any charges pre-2002 so I'm thinking about sending this in the next couple of days rather than waiting for the missing statements. I also plan to do a similar thing that Seminole did with his claim against Abbey, if it gets to court stage I will let them know I intend to seek allocation to fast track and full disclosure if they intend to defend the claim.
  18. I think it might be classed as providing a service? Not sure how this affects things but it might be worth thinking about. I agree to a certain extent that if the overdraft is money you spent on bills etc you should pay it back. However I know where you're coming from. It could be irresponsible lending but that might be difficult to prove. Natwest were in the news earlier in the month for extending people's overdrafts over xmas without their asking for it, I think if this was commonly against any rules then the FSA/FOS would have said something.I'm not saying that proves it's lawful but I don't think you have a fantastic case against them.
  19. I think the DPA argument is interesting. You could try finding out the address of their data controller (I presume they would have one) and send them a letter about your change of address. I don't have a copy of the DPA to hand but it's worth checking up on it. However they are also arguably providing a service, although it does have to be reasonable as stated earlier. I'm due to move soon and I'm with Privilege so it will be interesting to see how you get on.
  20. This week I have been mostly writing my prelim letter. The bit in italics I'm unsure about, so I need to check this out further before I put it in. I also need to double-check their unauthorised borrowing rate. Many thanks to Mcuth, as this is basically his letter amended slightly, and any others who have advised on the points included.
  21. No doubt there will be the usual chaos involved when one company buys another. It will be interesting to see how well they cope with loads of claims and the extra admin work to work with Citi. I think the reason why Citigrou phave said they are better at handling defaulting borrowers is that Egg seem to default much more than other companies. I was threatened with one after missing one payment! I think because they force you to pay by DD they can do this.
  22. PM'd a while ago but haven't been put here yet. Partial settlement after prelim, then full settlement on the day MCOL was due to be started. Total claim £545.64 using contractual interest.
  23. To through something in here for discusssion. Anyone is free to correct me, this is just ho wI understand it. The banks do have something called offset which means they could for example use funds from a Natwest bank account to pay a Mint credit card (all owned by the same company, RBS). It also applies in this situation I think. However there is also something called Right of Appropriation which means you can tell the bank that an amount of money going to your account is already planned to be used for something important, like living expenses. This may be useable here, I'm not sure but it's worth looking into. I don't know how it would work in this situation or in relation to offset though. Sorry if I've confused you further.
  24. It may be best to send details again anyway just so they can't argue anything in court, like they asked for info and didn't get it. It won't impact your timescale at all and it's best to make sure they have absolutely no reason to say you didn't provide information.
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