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Everything posted by rory32

  1. Really the emphasis is on Asda to prove that they weren't their batteries not on you to prove that they were. Personally I would write to them (recorded delivery) and quote the Sale of Goods Act and threaten to report them to Trading Standards and The Office of Fair Trading. Also state that if they do not resolve the matter within 10 days you will raise a court claim against them. That should get their attention. Under the amended Sale of Goods Act 1979 all goods sold must be of satisfactory quality and as the retailer, Asda are liable for any damage caused by faulty goods. As this
  2. Exactly right!! You don't want to go to court on this one, the amount your claiming is too high. Let the Ombudsman do the work for you - that's what its there for.
  3. How do you know the charges are complete if they have not given you a full list of transactions for each month you have had an account with them? Didn't you ask for a list of all transactions for the history of the account including any charges. They haven't complied with this so let them know in no uncertain terms that what they have supplied you with is not good enough and does not fulfill the requirements of your SAR. LBA required I think
  4. They don't have to send you statements but I'm assuming like me you asked for a full list of transactions and charges on your account. Bullet points are fine as long as they give you all this info. Personally I don't really care if they do default on my LBA as then I can take them to court and seek damages as well as a court order.
  5. Follow this link and use Template 3 http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html
  6. I'd pop it in the post (recorded) as soon as is poss. As much as anything else it emphasises the fact that you are to be taken seriously by them and gives the impression you know what you are doing.
  7. No probs. Don't forget to report them to Trading Standards, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman and The Financial Services Authority for non compliance if you want to as it just makes Cap Ones life that little more unpleasant.
  8. Took them 38 days for me (sent them Royal Mail special delivery guaranteed by 1pm - so cost them a bit). Unfortunately they only sent me 9 months of transactions details from May 2002 to January 2003. I would think this is either a stalling action or just incompetence as their probably quite harrassed at the moment with the number of SAR's. So LBA in post.
  9. The Consumer Credit Act (CCA) request is important as you are asking them to produce a copy of the original agreement signed by you and the credit card company. Although you don't need to request it if you don't want I would recommend that you do for the following reasons. 1. If they can not produce it the debt is not legally enforceable. 2. If after 12 working days of receipt of request (send it recorded so that you know when it was received) they are in breach of the Act and have committed an offence. 3. If after a further 30 days (not working days this time) they have still not sup
  10. No it wasn't a mix it was one of Dulux's Heritage range which comes in a metal tin.
  11. Hi, Just to put your mind at ease it won't matter a jot. The money that they took from you in charges is rightfully yours (plus any interest they have charged you on top). The account is now in dispute (you should inform them of this in writing - preferably by recorded delivery) and as such you don't need to pay them anything until the account is resolved i.e. you get your money back plus interest for the illegal charges. However if your comfortable with your current payment schedule keep paying them as if you don't they may try to illegally place a default on your file. Also
  12. Hi, A reasonable amount of interest to charge would be the one that they charged you. You should find this on your statements. If you tried to charge them more than this and it went to court you would have to justify the interest rate. After all you are just trying to reclaim the money that they effectively stole from you not make a tidy profit as well. With regards to the address I would send it to this one: Legal Compliance Specialist Capital One Bank (Europe) plc Trent House Station street Nottingham NG2 3HX as I gather this is their Registered address. Pleas
  13. Try this: Capital One Specialist Support between 9am-7pm on 0800 952 4914
  14. Thanks for that. That was my feelings too with regards to part of goods being the container and were obviously faulty at the time of purchase. With regards to costs I'm going to ask them to arrange for repair (the trim is beyond valeting) and pay for the repair. If need be I'll get an estimate for going to court and no the top of the lid was not taped down or anything like that. I've done a draft letter which I'm going to send to their Head Office but any comments would be appreciated. Draft letter below: {My Name & address} B&Q plc Portswood House 1 Hampshire Corp
  15. Hi, did a bit of googling on this and the procedure in Wales is exactly the same as in England.
  16. Hi, You need to give them a bit more time as its 12 working days from receipt of the request to supply you with an agreement. Then another 30 days (not working days this time) for them to have committed a criminal offence. I have inserted a letter which I thought was quite good as a response to non compliance of CCA especially if your looking to get defaults removed. I know its Cabot rather tha Cap One but you should get the idea. Please note though non compliance is a criminal matter not a civil one so although you can seek damages through a civil court for damages to you (e.g. reputation,
  17. Hi, Correct me if I'm wrong but don't English and Welsh legal systems operate in the same way?
  18. Hi, Bought some paint from B&Q and put it in the boot of my car, drove home (about 4 miles, all 30 mph speed limit) and opened the boot to have the joy of finding 2.5 litres of paint spread accross it. Now when I went back to the store and told them what had happened the supervisor and manager (spoke to both) said all they could do was replace the tin of paint as once it left the store in a sealed condition it was no longer their responsibility. Obviously I will be wroting to their Head Office regarding this as the tin of paint must have had a faulty seal and I feel they should pay t
  19. Also reading this might help http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html
  20. Hi, With regards to the default you should certainly include this in your SAR. You can just kill two birds with one stone and send of you SAR with the CCA, also save on the recorded delivery (I'm Scottish so I worry about these things). I have posted a sample letter below (can't take credit for it as I copied it from someone else on this forum). {Name & Address} Legal Compliance Specialist Capital One Bank (Europe) plc Trent House Station Street Nottingham NG2 3HX {Date} Dear Sir/Madam ACCOUNT NUMBER: XXXXX I have re
  21. Hi, You should find the info you need here (if your in England) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html If you need help in filling it in/particulars of claim CAB may be able to help. It looks like I'll soon be doing this in Scotland for Capital One/MoreThan/GE Money but still haven't got round to find out the particulars of how to do this as there are different forms, etc. Hope this helps.......Rory
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