If you used the DPA template in the library, you asked for evidence of manual intervention in YOUR account, or confirmation that none exists. What you and I have both received, is an evasion of the question as it answers neither point. Actually, the reply I received to my complaint (however useful in other regards) still did not answer the question so I will be complaining to the IC in due course. This is a separate, parallel action to your claim. I sent my complaint to the DPA team at the same time as my preliminary letter. I wouldn't worry too much about that. Don't let them fudge the answer. Insist that they respond to the questions that you have reasonably asked, but don't let this bog down your claim. Martin

There used to be a similar "defence" techicality for drink driving. The roadside test has to be carried out by a constable (generic term) in uniform. There were a few cases thrown out on the basis that the officer did not have a hat on until someone in a Higher Court saw sense and called an end to that nonsense. Urban myth possibly? I suspect the term is that the warden must be in uniform. Police constables are required to be in uniform to issue tickets so I guess this is the same area of law.

http://www.emplaw.co.uk is an EXCELLENT free employment law website that will answer this question definitively (although it seems Alan has done this already). I have used this site many times for various matters.

You could consider going down the unlawful deduction from wages angle? There are only a few "allowances" for deduction from wages, none of which appear to be covered by the OP.

Despite receiving the "I am unable to refund any charges" letter, I have received another letter (in response to a complaint I made online) refunding £60 and cancelling another £60 of charges (which presumably have not yet been taken?). Not sure how I should respond. Say nothing, and simply deduct the amount from my total claim? Or should I respond with "thanks, but I need the full amount and I'll see you in court!"? I didn't see anything about full and final settlement in there but will double check. M

Dave, I'll be there. Friday is a shorter day than normal for me in any case so I can nip out and make up the time that afternoon. Cheers, M

Will be writing the LBA in the next couple of days. Should I include in it that I have it in writing that the penalties are deducted automatically?

I may well do just that! Just sent you a PM, is this letter any good to you in your case?

And I have it writing from Abbey that mailings are done mechanically. It arrived earlier this week as the result of a complaint I made for receiving a letter unsealed. What with that and the letter I received today confirming that my charges are added to my current account automatically, I can't keep up!!!

Two letters received today from Nationwide. 1) Standard letter "transparent etc can't refund charges". 2) much more interesting letter from Data Protection Team. You might recall that I complained that they had not answered my question re: manual intervention. The letter still doesn't answer the question. But it does say THIS: (drum roll.....) "However I can confirm that the following charges are automatically applied to your Flexaccount in response to the described events: - Interest charge - Unauth overdraft fee - Unpaid direct debit fee - Unpaid cheque Fee - Unpaid Standing Order Fee On the credit card, the charges for "late payment" are automatically applied, and the item "an adjustment has been made on your account" will be a manual transaction - normally to contra another transaction on the statement." As always, let me know if mods want a scan. M

Hi, Please start your own thread for this claim. However, you DO NOT add the 8% until you are completing the court papers. If you have never been overdrawn except for the charges, then simply add any interest charges on the account. If like me you have been overdrawn (legitimately) then you might want to forget the interest as it'll be a pain to work out. It also comes in handy when they protest "we must be entitled to something for your breaches" and I can say "Yes, I'm letting you keep the interest!!"

Yes, I think that this is valid. Shall we start a mail campaign to the CC? The fine line between "the going rate" and "price fixing" is a wobbly business indeed! Another angle might be regarding the consequences of complaining/claiming (i.e. account shutdown, credit ref problems) and the lack of a "white knight" to go to for future business. If I complain about my mechanic because he overcharged me for a series of jobs, and he tells me to b*gger off and never come back (as some do) then I am at liberty to find another mechanic/garage who works more fairly. Who can bank customers go to? The one that unlawfully rips them off the LEAST? Incidentally, have any of the banks reduced their charges yet in line with the OFT statement?

Sorry for not posting in the cuttings section, I can't seem to post there. "Today" had a section at about 8:20 saying that the Competition Commission was heavily criticising Consumer Credit companies (i.e. the doorsteppers) for excessive interest rates and profits. Has anyone contacted the Competition Commission regarding bank charges? Why can't I find a bank charging an ethical and legal amount, even allowing for the high figure quoted by the OFT?

Cam belts can and indeed do break, with very expensive engine damage usually the result as the valves hit the piston heads. I have always considered them a wearing item, requiring replacement every 40k (ish). 1.8 Zafira is PRONE to them breaking and chuffing the engine. I have managed to convince a salesman to change one as a condition of sale. Otherwise, I'd sayyou have to suck it up and pay for it to be changed. It's a false economy not to. Better to have it changed now and KNOW it's been done than to assume that it has (or that someone else did it) and for it to break next week.

I have credit cards with many of the main players. Can p!ssing one bank off spread to another? Or are they so greedy that they don't care until they are in the firing line?

Followed up my earlier call the other day. It was recorded. I enquired about the refund of my "fine" and eventually the person I spoke to said she would "take care of it". We'll see what my next statement has to show... Whilst on the phone I asked if they made a charge for copy statements. she said no. So I said "I'll have all of them please then". LONG pause. "All of them?" "Yes", I said. "What for?" "That's my business surely?" "they won't release them unless you give a reason" "fine, I'll make a request in writing under DPA then" Bloody cheek!!!

My wife and I had a discussion last week. She is worried that if I go after all our financial institutions we will end up on an "awkward list" with all of them and not be able to get an account/credit in future. Although I am outraged that this should be the case, I am afraid to say that I agree with her. What happens if you p*ss off ALL the banks? As she said, each financial institution has the right to refuse business with you for any reason they choose. In the vast majority of cases, this is because of a credit rating problem. However what's to stop each of us being blacklisted by the bank we've claimed against? I know people have written to the OFT but we've seen how "decisive" they are and it'll take ages. I may stop after claiming against Nationwide even though I know I have claims against other banks.

I complained to MBNA that I received a set of credit card cheques in the post where the envelope had not been sealed. Not "come open" - not sealed at all and the flap tucked inside the envelope. It's taken ages for them to reply but I got a letter dated 7th April saying "Mailings are printed and sealed mechanically......We're investigating with our printers who are testing the gluing machines to ensure that they are in order." Is this any use to anyone? I can scan and email if required? PM please if of interest. M

reply received this morning from my branch. They are passing it to "our team at Head Office that deal with all matters relating to charges. They will be in touch with you shortly" Interesting, as the letter they got had on it "Copy to charles bacon," and his full address on it. M

Should the template letters include something along the lines of "please don't just refer to the T&C of the account. The presence of a term in the T&C does not make it valid or enforceable. In fact these charges are unlawful so their presence in the T&C is irrelevent" This might, (perhaps, I'm an optimist!) deter the standard replies?

I went through 6 years worth of statements with two different colour labels (post-its torn into strips). White for where charges had been deducted and green for where the S/O or D/D which they refused to pay was LESS than the penalty. And for where i was charged £15 for unauthorised overdraft for going £2 over my limit on one occasion. The labels stick out of the top of the binder so I can go straight to the page without having to thumb through. One month I had 2 D/Ds returned, first was for £4 and the other for £6, and charged £50 for the privilege! There were more green labels than I was expecting. Around seven or eight as I recall. So not just a one-off oversight!! And this month I had a DD for £20 returned because they had taken £60 in charges from last month. If the charges had not been taken the DD would have cleared. And again, the DD is for less than the penalty.

Have replied to the Data Protection Team giving them seven days to answer the question regarding manual intervention. If they do not respond or provide another letter evading the question I will report them to the IC. I have also sent preliminary letters to the Manager of the local branch, and also to Charles Bacon. 14 days and counting....... Martin

I got the same letter with my statements. I've replied to the Data Protection Team saying that this did not fulfill my request. I'm giving them 7 days to provide me with the information requested in my request (as opposed to another letter evading the question) before I report them to the IC. I've told them that their reply must have full details of who, when, where, what, why and how in relation to ANY manual intervention in my account.

Yes, they were given 28 days to decide to pay. The court action was warned of in advance and they ignored it. You carried our your threat to register an action with the court, and have incurred losses as a result. Write an ask for the £80 as well, within 14 days. Unless anyone else has a different take? Martin

Wouldn't do any harm to quote the Supply Of Goods and Services Act which states that a service has to be carried out with a reasonable degree of skill and care. If they touched it then they clearly should have left it in serviceable order. If they didn't touch it, but should reasonably have noticed it during the MOT, then you could argue that they should have at least brought it to your attention. As Dave says, write a letter of complaint saying that you will contact Trading Standards if you are not satisfied. Martin