it was to recover both charges and PPI payments

Hi all, I would welcome peoples thoughts on the following information received from RBS

Please may I have peoples thoughts of this, I want to claim all my costs back including PPI payments too

This is the reply i got from capital one with regards my PPI. they are saying i actually applied for it online when i opened my account with them, yet they havent sent me any proof of me asking for it, if this is the case, then why did they suddenly stop taking payments form me earlier this year.

Please may i have your thoughts of this

i did say that there should of been 2 other charges for £15.00 each which would bring my total claim up too £455.00 plus 8% interest they seem to think it would be ok to charge me £8 for each charge, how would this stand up in court

they hace actually missed 2 charges at the start for £15.00 each i make it £455.00 + (£153.87) 8% interest leaving a defferance of £288.32 should i just send a partial offer accepted and pursue for the rest, or should i just take and run. wont the courts be happy that they have ammend they charges to £8.00 your comments are welcomed

nope not had anything else, just compiling all my info for ICO they have really got my back up now

Bump

Bump

thanks for the help, here are the documents concerned, I would welcome everyones thoughts of what to do. the first couple were received, i then replied with a failure to comply letter the received the last ones whats the way forward http://i33.photobucket.com/albums/d70/andyford/Halifax23AugustPart1copy.jpg http://i33.photobucket.com/albums/d70/andyford/Halifax23AugustPart2.jpg http://i33.photobucket.com/albums/d70/andyford/Halifax23AugustPart3.jpg http://i33.photobucket.com/albums/d70/andyford/Halifax23AugustPart4.jpg http://i33.photobucket.com/albums/d70/andyford/Halifax23AugustPart6.jpg http://i33.photobucket.com/albums/d70/andyford/Halifax23AugustPart7.jpg then received this the other day http://i33.photobucket.com/albums/d70/andyford/Halifax1.jpg http://i33.photobucket.com/albums/d70/andyford/Halifax2.jpg

I would welcome peoples thoughts on these http://i33.photobucket.com/albums/d70/andyford/AmericanExpress1.jpg http://i33.photobucket.com/albums/d70/andyford/AmericanExpress2.jpg

please can someone tell me how to attach scanned documents to my threads

please can someone tell me how to attach pictures of scanned images

Just had a little thought here, Seeing as the Halifax have failed to provide my information under my SAR and have not replied to my letter notifying that of the the breach. I am now having to insure a non compliance court order with county court, do you think this may help in my case in the event it is stayed, might i be able to get it dealt with on the grounds the bank have acted unreasonably in respect to my subject access request

I have just phoned the halifax to ask when my accounts where infact opened and the say one was opened may 1998 and the other november 1995 anyway, need a little help with the red section of POC for non-compliance PARTICULARS OF CLAIM 1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject. 2. The Claimant has an account number 1234567890 ("the Accounts") with the Defendant which was opened on or around 19th May 1988, and also account number 0987654321 (“the Accounts") with the Defendant which was opened on or around 25th November 1995. 3. On 20th July 2007 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant. 4. The Defendant has failed to comply. 5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage (and distress). 6. The damage (and distress) caused is: Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £........... Add any further things that can be clearly quantifiable, and to which you can provide proof. Please be aware that claims for distress are only available where the distress is caused by the quantifiable damage. You would usually need professional evidence in support. If you are intending to go down this route it is vital you contact us before proceeding. 7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request 8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request. 9. Damages and costs within the discretion of the Court. I believe that the contents of these particulars of claim are true Signed: Date:

bugger me, whats going on here then

well there 7 days are comming closer and had no response from them, whats the next step

I have already issued a LBA sent to them on the 3/9/07 will send the above rejection letter out tomorrow without the 8% option. many thanks, question is will this now go to court

bump, anyone

how about this as my reply, thoughts please Legal Compliance Specialist Capital One Bank (Europe) plc Trent House Station street Nottingham NG2 3HX 10th September 2007 Response to settlement offer. ACCOUNT NUMBER: 1234567890 Dear Ellie Renshaw, Thank you for your letter dated 5th September 2007. I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totaling £964.00 plus a further £752.77 based on 22.13% contractual interest, or either £213.53 based on 8% interest which is likely to be added by the Courts. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. If you do not accept my conditions for acceptance, or you do not respond within 14 days, I shall have no alternative to pursue the recovery of said monies through the County Court. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter. I trust this clarifies my position. Yours faithfully Andrew Ford

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looking for comments and what to do next, if anything

I have a letter back from capital one, basically with the same offer as before. what is the way forward now, I am claiming Fees of £964.00 and interest of £752.77 based on 22.13% interest total £1716.77 any help would be welcomed. Dear Mr Ford Thank you for writing back to me about my offer to refund £370 of the fees we've added. I am sorry to hear that you feel my offer isnt substantial enough. As I've already explained, we're confident our fees are both fair and legal and I'm dissapointed to hear you're considering court action. The OFT haven't told us that we're obliged to refund any fees, and we've offered refunds as a gesture of goodwill. I'm afraid I wont be refunding all of the fees as you've asked. My offer of £370 is still open to you. I won't be increasing this, as it is my final offer. Finacial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the financial ombudsman service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I included with my last letter. Again, I look forward to receiving your signed settlement form so we can put this behind us and save the courts valuable time. Yours sincerely Ellie Renshaw

hmmmm after the bog off letter, hopefully might get somewhere this time