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EricTheRed

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Everything posted by EricTheRed

  1. Insomniac you have nailed it right on the head. What 2 minds does not understand is that the law is the law and there is clearly established case law backed up by recent consumer legislation that make the claims lawful. What this has to do with plumbers is beyond me. A rather strange analogy don’t you think? There is no similarity between the service offered by a plumber and a bank charge. Common sense and logical reasoning are qualities that our friend doesn’t seem to have been blessed with. His thought pattern does not seem to be of this world. I suppose that’s the difficulty of having 2 minds.
  2. I worked at GE Capital and they sent people out to India to voice coach them in different accents.
  3. They have n't been back to me either so my claim is based on what they have sent plus a reasonable estimate for the 5 previous years. Good luck
  4. Don quite an interesting post. it's a bit like deja vu..............I was just wondering if one oof our poster - 2 minds - is that person?????????
  5. I sent them my LBA last Friday giving 14 days notice and lo and behold I got a letter (dated same day) with a complete list of statements from Kathryn Hand the Head of Customer Relations. My LBA asked for a refund of £1675 and after adding the statements up it is actually £775. Reading the statements I did n't realise I had paid the full balance off on more than one occasion, I did have a goodwill gesture from them in February and they refunded £150. Anyway I have written to them giving them 14 days from 28th April to refund the £775 or I will commence action against them without further notice.They have until 12th May or Hi ho hi ho its off to court we go.
  6. Did anybody ever get a response to their letters?
  7. Lueeze I've moved it so you can close this thread. Many thanks
  8. Moved this from another thread - an update regarding Abbey - as I'd put it in the wrong place in all the excitement I sent my LBA to Abbey and lo and behold a letter from them has crossed in the post stating that they are unable to supply me with statements as microfiche is not covered by DPA. They had already sent me statements covering the previous 12 months. They have had enough time – 40 days - to respond so I will be waiting for the 14 days to expire on the LBA and submitting my claim for £982 for the past penalties for the past 12 months (all these have occurred since December) and a very very reasonable estimate of £450 per year for the previous 5 years – total £3427.00 plus £747.44 interest plus £120 court fees.
  9. You’ve probably heard that statement before!!!!!!!!!!!!!!!! I sent my LBA to Abbey and lo and behold a letter from them has crossed in the post stating that they are unable to supply me with statements as microfiche is not covered by DPA. They had already sent me statements covering the previous 12 months. They have had enough time – 40 days - to respond so I will be waiting for the 14 days to expire on the LBA and submitting my claim for £982 for the past penalties for the past 12 months (all these have occurred since December) and a very very reasonable estimate of £450 per year for the previous 5 years – total £3427.00 plus £747.44 interest plus £120 court fees.
  10. At the moment the situation is as follows. II they take the charges then I am likely to exceed the overdraft limit of £2.9k. My monthly income from myself and wife is over this amount every month. I have my LBA and claim details. Abbey have supplied one years worth of statements only despite the DPA request and during the past 6 months have had £972 in charges. Over the past 6 years or so I don't think I have had anywhere near that amount per year so my claim is based on the £972 for this year and an estimate of £450 per year (which is not unreasonable) for the previous 5 years - total claim £3427 plus interest of £745.18. If it does go to court and they entered a defence then i would know the correct amount which will probably be less than my claim. If I close the account then they will chase me for repayment of the overdraft probably through the court system. I think that I should pay the court fee and open another account.
  11. I will be doing that some time this week
  12. Abbey are due to take some charges (£255) on 11th May which means that I probably won't be able to afford the court fee of £120 to take them to court. Also it means I'll have to wait to take Capital One and MBNA to court - also £120 fee.
  13. 2 minds - half a brain. The law is the law. Your plumbing analogy is pathetic it's not as though he had breached any contract with you is it. Now get back to work as you obviously busy.
  14. In my best Peter Kay voice................Partial offer? Cheese cake?
  15. Why did n't thhey bring an action for breach of contract in the first place? Won't the T&C's outline what the remedies are for such a breach.
  16. I received a phone call from the executive office at Capital One today. They have offered to wipe the outstanding amount on the Mastercard (currently at £104.73) and waive all the charges on the VISA - app £120 on an O/S balance of £403 - but "obviously we can't clear the outstanding balance on that one". Considering that the total amount of penalties in now running at £1220 I will accept their offer but not in full and final settlement and will be pursuing them in the court for a refund of ALL the penalties plus interest. I asked her to confirm the offer in writing to me to which I will respond statting that the 14 days on the LBA is running from last Friday so hopefully I will be taking them to court a week on Monday. Interestingly when she phoned she inferred that I had "copied the letter from a website as they had recieved quite a few of the same letter". Watch this space!!!!!!!!!!!!!!!!!
  17. Thanks for that I'll check it out.
  18. Is there a standard letter - or has anybody got a template of a letter that you would send to the IC reporting your bank for breach of DPA?
  19. I have £1180 worth of charges on 2 credit cards of £200 limit. One card stands at outstanding balance of £473 and the other is £103. I got a call yesterday saying that my payment (for the lower balance card) was overdue, which it was n't and i was also told that I was over the limity on this card. When I explained to her she was wrong she checked it out and apologised. My LBA for £1180 is in the post anyway. They should owe my about £700 plus costs and interest
  20. "Our role is to ensure transparency so people can make informed decisions. " Transparency to whom? "We think that the pre-notification should apply to penalty charges as well, as indeed it does for some banks but we think that should be universal." Ah so he recognises them as penalty charges. Mr Newmark (Ithink) is making is point of using the phrase "penalty charges" and Fortescue is not disputing the use of the word. and as above "That may be a more sensible way of dealing with it than punitive charges." Is any of this admissible?
  21. their offer to me is an insult and my LBA is on its way.
  22. it's the same letter I got - word for word. Surprise surprise.
  23. MBNA have responded this morning by letter and offered me £100 as a gesture of goodwill. I will of course accept this but will be asking for a refund of all my fees. the problem is they have only sent me a statement from 1st August 2005 when they took over the credit card from HBoS. The balance outstanding of course includes all the penalties appiled by the previous provider HBos. Are MBNA under a legal obligation to supply me with information prior to Auugust 2005? I would have thought so.
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