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paddy1984

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About paddy1984

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  1. Thanks Tilly, Your a star :o) Gordon
  2. Hi Everyone. Have had a reply to my letter before action to ASB which is the same letter as posted above. So the next stage is court papers. As i live in Scotland do i need to go to my local court or can i download the forms online? Cheers, Gordon
  3. Hi Guys, HBOS has ignored my request for information and 40 working days has now expired. I also have proof of delivery from the Royal Mail. Next steps? Cheers, P
  4. The following letter will be sent tomorrow morning along with two statements Request for repayment of charges Dear Sir/Madam, ACCOUNT NUMBERS – 000000000 and 01111111111 My request I am writing to ask you to refund to me bank charges and related interest which you have levied from my account over the last 4 years. The High Court has recently decided that your charges are subject to the Unfair Terms in Consumer Contracts Regulations 1999. I consider that the regime of bank charges you operate is unfair within the meaning of these Regulations as they are not individually negotiated, they operate in much the same way as charges operated by other High street banks and therefore there is little alternative to myself but to agree to the charges. Furthermore the charges are contrary to the requirement of good faith and fair dealing as they lack basic standards of commercial moral practice and take an unfair advantage of the weak bargaining power of the consumer. They impose a significant imbalance in the rights and obligations between the contracting parties which is to my detriment. I also consider that the charges may be unlawful at common law. Your responsibilities I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. Furthermore you are bound by the Banking Code to treat your customers fairly and it is evident that you do not so. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now. What I require I calculate that you have taken £1525.00. I enclose a schedule of the charges which I am claiming with this letter. My targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I am fully aware of the waiver which you are presently relying upon and which was granted to you by the FSA. However, this is an internal industry matter and has nothing to do with me. It is one-sided and I note that you continue to levy charges and to enforce them despite the weight of judicial and popular opinion against you. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. If you dispute that I am entitled to a refund of these charges, then please let me know within the above timescale the basis upon which you dispute together with the reasons why you consider your charges to be fair. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a company such as yours with dedicated staff and departments. After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Yours faithfully, Paddy 1984
  5. Hi Everyone, I have an update on the ASB case. The letter I received from them are as follows: Dear Paddy 1984, You have asked for copies of your bank statements which we assume is to enable you to reconcile your bank charges. We enclose a copy of your statements as requested. Should you decide to complain to us about unauthorised overdraft bank charges or refer your case to the Financial Ombudsman Service after making a complaint to us, we should make you aware of our current policy on handling complaints from customers about bank charges. Although we believe that the charges are fair, transparent and lawful, banks have now become involved in legal proceedings with the office of fair trading in relation to unauthorized overdraft bank charges which we believe will resolve the issues regarding the fairness and legality of your unauthorized overdraft bank charges. It would be our normal approach to resolve your complaint through our internal complaints process as quickly as possible. However, until the determination of the legal issues in the above proceedings, we have asked the financial service authority to suspend the normal timetable for dealing with bank charge complaints, and the FSA has agreed to this request subject to conditions that protects your rights. Given this court case we have also asked both the Financial Ombudsman Service and the courts not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases that rely on the legal issues being considered on the test case. Similarly, you should be aware that if you chose to issue a claim in the courts, we will immediately apply to the court for an order to stay your action until resolution of the banks proceedings with the OFT. We are sorry that we have not been able to respond in full to your complaint now, but we (together with the FSA and OFT) think that this is necessary to resolve the key legal issues before we decide how we should respond to your complaint. But we can assure you that once the legal proceedings are completed we will resolve your complaint as quickly as possible. If at that stage you do not agree with our conclusions you will of course be able to refer your case to the FOS (or to the courts). Obviously exactly what will happen next will depend on the courts. We do not know how long this case will take - we have promised to proceed as quickly as possible but inevitably given the importance of the issues being considered this may take many months to finally resolve. We can assure you that we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case. We will keep you updated appropriately about the proceedings with the OFT. We remind you that it is your responsibility to conduct your account in line with the terms and conditions that apply. This includes ensuring that there are sufficient funds in the account to meet payments as they fall due, such as cherubs that you issue, standing orders and direct debits. The charges which are subject of the test case arise in situations where an account is not being conducted properly according to it's terms and conditions. We wish to try to assist customers to avoid such situations wherever possible. Accordingly, if you relies that payments are due from your account and funds will not be there to meet them, we encourage you to contact your branch as soon as possible to discuss the matter. Yours Sincerely, Bank Manager So....after reading the letter i have trawled through the bank statements and my charges are as follows: Bank Charges - £1350 Service Charges - £175 Total - £1525 What would you recommend as my next course of action? Cheers, Paddy..
  6. Thanks for the Good Luck messages. I'll keep you all up to speed on how things progress. Cheers, Paddy
  7. Thanks for the advice and links Lex. I'll keep you up to speed on how things are progressing. Barclays signed for the letter yesterday so i should hear from them shortly. cheers, Paddy
  8. Thank you for all the good luck messages. HBOS recieved the letters yesterday and have debited the cheque already! Hehe! I'll report back as soon as i've heard anything. Cheers, Paddy
  9. Hi Everyone, the fight begins today. I'll be posting any mail and updates on my attempt to get money back from Clydesdale in this thread. Please subscribe or chip in with any advise on the way. Letter 1 - S.A.R - (Subject Access Request) REQUEST AIRDRIE SAVINGS BANK 56 STIRLING STREET AIRDRIE ML6 OAW 29 April 2008 Data Protection Act 1998 – Subject Access Request Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch. Yours faithfully, PADDY1984
  10. Hi Everyone, the fight begins today. I'll be posting any mail and updates on my attempt to get money back from Clydesdale in this thread. Please subscribe or chip in with any advise on the way. Letter 1 - S.A.R - (Subject Access Request) REQUEST CLYDESDALE BANK 30 ST.VINCENT PLACE GLASGOW G1 2HL 29 April 2008 Data Protection Act 1998 – Subject Access Request Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch. Yours faithfully, PADDY1984
  11. Hi Everyone, the fight begins today. I'll be posting any mail and updates on my attempt to get money back from Barclays in this thread. Please subscribe or chip in with any advise on the way. Letter 1 - S.A.R - (Subject Access Request) REQUEST HBOS THE MOUND EDINBURGH EH1 1YZ 29 April 2008 Data Protection Act 1998 – Subject Access Request Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch. Yours faithfully, Paddy1984
  12. Hi Everyone, the fight begins today. I'll be posting any mail and updates on my attempt to get money back from Barclays in this thread. Please subscribe or chip in with any advise on the way. Letter 1 - SAR REQUEST BARCLAYS BANK PLC ONE CHURCHILL PLACE LONDON E14 5HP 29 April 2008 Data Protection Act 1998 – Subject Access Request Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch. Yours faithfully, paddy1984
  13. Hi Rory, The letter says: Confirmation of Further Action Take notice that our intended alternatices have previously been ade clear to you and we will now reccommend that further action be taken on your account. We are therefore suggesting that your file details should be passed to an outside field agency to finalise resolution of this debt. Please quote your refrence number with payment. YOU HAVE 48 HOURS TO PREVENT THIS RECOMMENDATION Call Mr North on 08701525649 After this it contains a giro slip. thanks G
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