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Allyxia

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  1. muggins did ou send the the offical notice to stop processing your info? You could also try this Re: Formal notice to desist from processing or disclosing personal subject data Statutory Notice pursuant to Sections 10 and 12 of The Data Protection Act 1998 and Section 13.6, Banking Code. Further to your recent letter regarding notification of formal action Please note that this account is currently in dispute, and I have previously been engaging in formal correspondence regarding this matter with, Mr Mike Brophy, Head of Customer Relations, Barclays. Furthermore, his reply to my most recent letter dated 5 October 2006, will decide on my next course of action, which if the outcome is not positive will result in Court Action being taken against your bank. In light of this I am hereby, as per the date of the Royal Mail receipt on the envelop of this letter, withdrawing my permission for your organisation to continue to process and disclose any further information regarding me, my husband and the status of my account, to any external organisations. As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. After scrutiny of all the relevant legislation, including the Consumer Credit Act (As Amended), the various Financial Services Acts and the Data Protection Act, etc., it is clear that there is absolutely no legislation that allows a lender or supplier (e.g. Woolwich) to collate, process or distribute any other information unless there is express written permission from the data subject. Attached to this letter, is formal notification that this permission has now been withdrawn. In addition to the information above as per the Data Protection Act, I draw your attention to the following Statement from Section 13.6, Banking Code We may give information to credit reference agencies about the personal debts you owe us if: • you have fallen behind with your payments; • the amount owed is not in dispute; and • you have not made proposals we are satisfied with for repaying your debt, following our formal demand. As previously stated in this and my previous letter the amount for which you claiming is in dispute, and to continue to further process data from my account is in direct breach of the standards and codes laid down by the Banking Regulators. In this event, I shall expect a written confirmation from you acknowledging the contents of this letter within 5 working days, as per the requirements of section 15.3 of the Banking Code. Yours sincerely, Statutory Notice pursuant to Sections 10 and 12 of The Data Protection Act 1998. Data Subject Notice Louise James Woolwich Collection Centre Data Subject: Address: Whereas I have been a customer of Woolwich Bank plc and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998. Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law. This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful. Signed Good luck hun!!!
  2. Well my cheque cleared yesturday - was kinda worried they would pull something nasty out of the bag - but they havent!!! So gona postthem a cheque today to clear the amount the accoutn is overdran by and get them to close the account once and fo all!!! Kepp your chins up you will be ok esp when your cheque does arrive though youmay not feel lkike that now remember up until a week ago today I also was in your shoes!!!!
  3. Hiya Jonwilx You are right you wont be able to claim this agin - but as you are the start of your claim this so deosnt matter. If when you coem to file your court form, you can amend your summary charges to reflect this refund. Feel free to include a question askign them to identify which charges they have refuned - but if they do not respond then I would just erase the four oldest charges off the spreadsheet accordingly. What you do is send them the following letter Please feel free to amend it to suit your own needs Thank you for your letter dated xx/xx/xx I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx 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. I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. 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. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]. Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice. I trust this clarifies my position. You only the red parts if you are chasing them to remove a default notice (which I dont think you are) I hope this help you - and feel free to contact me agin if you get stuck Good luck mate
  4. No you do not need to attend the court hearing. Youneed to put together your court bundle though correctly index and referenced. I would leave it tilllast minute to send it and send it recorded delivery say on 13th dec. if you get stuck doing the court bundle send me a pm to attract my attention and I will your on your thread!! Allyxia
  5. Well if they dont bring any dodgy teddys back we hope eh!!!! Did anyone warn them not to take strange gifts through customs - othewise its goignto be a long holidays for them LMAO!!! Oh bless WE are going to have to keep up the fun in here ok!!!
  6. They send very posh ringbinded ones!!!! be careful when you go through though theytend to duplicate the charges by showing them innormal statements interposed with charges statements. When I typed mine up I realise Id duplicated a lot of them by not checking the statement names!!! If you get stuck or dont know what I mean just let me know and I will be ahppy to help you!!
  7. Hya Agnony Nine youd be betetr off starting your own trhead hon - as any concerns of questions can be answered more fully in there!! They may get missed if they are posted in somebody elses!!! If you want to send me the link to your thread I would be happy to help if you get stuck!!!
  8. Looking have you read the new proposal by the Dti on this subject it is proposing to give th CRA more power!!!! There is a link up here somewhere but you be better off going straight to the site by the time Ive found the link LMAO!!!
  9. Its will be £35 for nonpayment of cheque please!!!! - wonder then if they will start a claim aginst me for unfair charges!!!!
  10. Of course you are hon!!!!
  11. Hang in there guys you'll get there soon!!!
  12. Fingers crossed for you all Barlcays seem to be paying out at the moments - there is some advice given by Welshmand in the Court Forum - Cardiff Cases Thread - may be worth your while reading that!!! Good Luck
  13. Im keeping quiet at the mo!!! Will post soon though!! As of today Im still going ahead with my hearing on 21st Dec and mine is a CMC - we'll see though - I should know by Tuesday. Well done Welshman!!!!
  14. Oh Dash I missed them - Oh dear!!!! Bet they thinkIm awful now!!! How long they gone for then? Sob Sob So then - whilst the cats away........the mice will play......
  15. Cripes is that it has westy finally lost it then!!!!!! Is that the fairy tail quotation or the Jack Nicholas one from the Shining!!! Never mind we all mad here! Its that saying you dont have to be mad to come here but it helps!!
  16. Cheque should clear today!!! Wonder if it will bounce hey kids!!!! Wouldnt that been funny!!!
  17. i think both of you have put some goodpoints across and its certainly worth a ;look at - at the end of the day im bangingmy head aginst a brick wall with this so called private company acting like a governemnt body - they cant have it both ways!!! I might draft a letter questioning them on the points above and see what responce they have offer!!
  18. one more day and counting......... Dont worry grazel you'llbe like this in your final weeks!!!
  19. Hiya James What you need to do is start your own thread in the wooly forum And I willahppily answer any queries you have on your thread. If you PM your link, so I can find your thread quiclkly I will reply to you!!! Good luck all!!
  20. hee hee well done - no all I need whilst Im standing here alone.......
  21. Oh bless you are lovely you pair!!!! (I couldnt find a kissing smile) we some mistletoe on here
  22. Oh gutting remember that happened to me two weeks ago I posted it up on my thread - ah that stinks - I know exactly how you feel though!!!!
  23. At least you too are happier now - something I said;)
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