Mortgage account with BOS for 12 months in 2000 - £35.00 in returned payment/reminder letter fees. Started claim with the Ombudsman - acknowledged letter on 1st June.

I had a finance agreement with On:Line Finance Ltd back in 2001 - HP for a car I'd bought at the time. I had an accident in the car which wasn't my fault, but wasn't covered by the insurance at the time, (this is a thread on it's own, so I won't bother here - blah, blah, blah!) but OLF terminated the agreement and defaulted me with the Credit Reference Agencies. On my account - I actually have ALL the statements I need already - I have over £500 in fees. Returned DD, "reminder letters" and "deliquent account management fees" to name a few. So - here comes another claim from the Ombudsman's service for these charges. His office has already acknowledged my paperwork - oh, and OLF have NEVER replied to any letter I've sent them so it's over the 8 week period for complaints already. Bring it on! P.S. I'm also starting action against them for the default, as mentioned here; http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html and; http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html Which you'll find in this thread; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/99772-car2403-line-finance-ltd.html

Hi Evo - If you word your SAR in such a way, the £10 fee will cover YOU as a Data Subject and NOT each of your accounts. What I'm saying is, using this in your letter; "I request all data held by [insert Big Nasty Bank Name Here] about me, as a Data Subject under the Data Protection Act" You can give some account numbers and sort codes/roll numbers to help them identify you. But - if you do it this way - one fee of £10 SHOULD cover every account you have with them. Avoid their £5 fee for two reasons, therefore; - This isn't the "statutory fee" required under the DPA, so they 40 day period will never start until you've paid it. Even if they don't cash your cheque, which is what happened to me, the 40 days start from the day they receive it. - They will probably want £5 per account anyway. If, as suggested here, you have another account anyway, send the £10 DPA fee as another other accounts with the Bank will be included. Just my opinion, but I have 4 accounts (don't ask!) with Halifax and one payment of £10 got me ALL the details I needed. I agree with moneyhelp too, there will be some expenditure from your side - stationary, postage and, more importantly, time understanding the legal issues at hand and preparing for Court. For some people, this is a killer, but I'm so fired up about this that I'm willing to do what it takes to enforce my LEGAL rights against these oppressive organisations that believe THEY make and enforce the LAW in this Country. Power to the people!

Halifax sent me a letter saying that they had "ordered" my statements as requested and these would be with me shortly - this was AFTER I sent them an LBA for enforcement proceedings with the Court and enclosing a copy of a complaint form that I sent to the ICO, however! I've received the statements this week and decided to go down the Ombudsman route to see if it's quicker - I'm having to wait 10 weeks for hearing dates through the Courts on other claims, so the FSO may be quicker...

Can I find the T&C's relating to the account when it was opened? Can't seem to find them on here from 1998/1999, or should I be using the most up to date one's from the Barclays website?

Got my hearing date - 17th August. No special orders, though. Court bundle on it's way...

Got my hearing date - 17th August. Court bundle on it's way and I'll be ringing Krysta to see if they'll settle before we even get there tomorrow morning!

Have you considered the Financial Services Ombudsman route? This way you don't have to prove anything - only that you've given the Bank 8 weeks to respond formally. Also means no Court issue/allocation fees! Bank Charges: Reclaim them, they're unlawful, get up to six years' money back...

I've just tried this with a new claim and the pop-up does appear when you select the right option - trudd, do you have a software pop-up blocker, as that may explain it. I haven't issued a claim with MCOL using Firefox, but if you're concerned check, check and check your claim again - if you're still unsure use Internet Explorer to put your mind at rest, I'd say.

Bump...

I've just received the notice of transfer of proceedings form from Northampton - but they've transferred the case to the Defendant's local County Court, which is in Burnley! Is this a mistake, as I live in Northumberland and don't fancy taking this claim to Burnley? With the notice is an allocation questionnaire - which is strange, considering the number of claims being transferred from Northampton without needing an AQ. Is this another mistake, or do I just fill it as per the step-by-step instructions?

Hello everyone, I'm in the process of claiming charges from the Halifax and find myself with some questions, if you don't mind; Data Protection Act Breach; I wrote to my branch address (I've since found out it should have been the Data Protection Officer address I should have used, but took the address from my statement!) requesting statements and enclosing a £10 postal order on 10 April 2007. On 26 May I sent another letter telling them they'd failed to comply with the 40 day period, giving 7 days before I claim in the County Court. The still haven't replied/complied. Question is, do I have to make a complaint to the Information Commissioners Office first before making a claim for an enforcement order? I'd prefer not to, as I did the Information Commissioners Office thing with Barclaycard and had to wait weeks for a reply. I also don't have proof of delivery of the S.A.R - (Subject Access Request) letter, (didn't find this site until after it was sent!) so can't prove receipt - can I find out from the Post Office if the postal orders have been "cashed"? Claiming charges I know about; I do have some statements, showing some charges, so I've started the process for claiming these alongside the above. I wrote to them on 13 April 2007 asking for these (£564.00) to be repaid. Got a standard reply apologising for me being unhappy, promising a response within the 8 week period. They wrote again on 7 May 2007 saying they were still investigating. I sent LBA on 9 May 2007, but didn't issue the claim as I didn't have the money for the fee at the time. They've sent their final response saying "sorry, but no refund" on 1 June 2007. Can I contact the FSO and avoid taking this claim to Court? Is the Court route more advisible? Both issues; Is the failure to provide statements relating to my complaint? Would they not send statements because of some marker on my account because of the complaint? Can I issue one claim for; - Specific Performance/Damages for failure to provide the SAR? and, - Claim for charges I know about, which will save me some Court fees? (£564.00) or does there have to be two claims? I read on the Information Commissioners Office's site that a claim for Specific Performance without damages will go via "Part 8" and may be fasttracked through the process - does this mean two separate claims will mean I get my statements faster? If so, I may as well do one claim for a "fast tracked compliance" order and do a second claim for the total amount when I receive my statements.

Hi everyone, I'm at the stage where Lloyds TSB have just entered their Defence, which is; I'm sending the letter here in response; No Allocation Questionnaire

One quickie on the bundle - I notice that "Robinson v Harman [1848] 1 Exch 850" is mentioned in the statement of evidence, but the details of that case aren't in the court bundle. Is this because the legal facts stated in the statement are all that is required? (It seems to be showing the legal principle, but without referring to a case summary - which I thought would have been necessary)

I thought I'd share my response to the CPR part 18 request, as I had an interesting letter from NatWest in response to the LBA. (It's taken this long for them to reply!); The bits in italics are taken directly from that Letter from Customer Relations - sounds like a threat to me, so it's going in to the bundle as evidence against NatWest being unwilling/unable to negotiate the application of these charges. Hopefully the Court will see this as evidence of the terms unfairness?

Sounds promising, but they don't seem keen on paying - I probably wouldn't neither, though... I'm sorting the bundles out this weekend.

I see - I'll post that off on Tuesday then, in that case.

Just received the Transfer of Proceedings notification, along with a "No AQ" order - I was preparing my bundle anyway, so I'm going to send the response to this with my bundle.

I'm preparing 3x Court Bundles this weekend - (4, if I get LTSB's defence in the post... more work!) so I'll include it in there...

Hi everyone, I'm at the stage where NatWest/Corbetts LLP have just entered their Defence, which is; I've already sent the letter here; http://www.consumeractiongroup.co.uk/forum/natwest-bank/55874-letter-court-re-cpr18.html Is it now just a case of waiting to hear back from the Court as to the Allocation Questionnaire, or should I be doing something more at this time? I'm assuming I should also send this; http://www.consumeractiongroup.co.uk/forum/barclays-bank/84462-no-allocation-questionnaire.html Thanks in advance for the help!

Hi everyone, I'm at the stage where GMAC have just entered their Defence, which is; I've already sent the letter here; No Allocation Questionnaire Is it now just a case of waiting to hear back from the Court as to the Order for Directions, or should I be doing something more at this time? Thanks in advance for the help!

Hi everyone, I'm at the stage where Barclays have just entered their Defence, which is; I've already sent the letter here; http://www.consumeractiongroup.co.uk/forum/barclays-bank/84462-no-allocation-questionnaire.html?highlight=dispensed+allocation#post766755 Is it now just a case of waiting to hear back from the Court as to the Order for Directions, or should I be doing something more at this time? Thanks in advance for the help!