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Brad Smith

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Everything posted by Brad Smith

  1. so just out of interest, the CCA should give all that information I'd imagine? Do I just write for that now and enclose payment of £1. Do they then get 40 days to supply it?
  2. cheers sonja, think I'll ask for mine too. it's funny, I remember when I got the card and phoned up to activate they asked me whether i wanted insurance, but I replied (and I can remember this, clear as day) "there's no point, my credit limit is only £200", but they have been charging me for this. Hmmm...think I may need to investigate that.
  3. well done sonja, just out of interest, why did you request a CCA? i probably shouldn't really ask, I've only just got my head round the Compound Interest
  4. i'd imagine they won't be ecstatic, but don't forget that the money you're claiming back will offset some of the overdraft, then if you're getting an overdraft from your new bank you should be able to pay the balance?
  5. agree with the others Deb, ideally you'll be charging them interest too, so need to ascertain the dates the charges occured. if it's more than £5,000 it may be too big for the the small claims court, but it would mean if they defended that they'd have to reveal their costs (which i'm fairly sure they wouldn't want to do anyway)
  6. p.s. just shout if you need a hand with the spreadsheets. It isn't anywhere near as daunting as it may first appear, and if the charges go back a little while it might amount to a fair bit.
  7. can't you open up an account with another bank before you start your claim?
  8. no worries mate, just as an aside, unless you want to you don't need to send them recorded delivery. You can send them standard 1st class post and get a certificate of postage which is available free and is just as acceptable if it gets to court. Good luck and shout if you need any further info
  9. they need to be careful though, they can't take "retaliatory action" against you for making a claim
  10. Hi Daz, not sure if anyone replied to you or not, but put them all in as one letter
  11. the only number that I've got is 0845 076 0606 I haven't used the card for about 3 years though, so not sure if that's still operational or not....
  12. d'oh!!! that's what I thought. I'd imagine they'll have to send it back and I'll have to start again then
  13. Hi Perseus, sent letter off to: Customer Services Monument PO Box 504 Crawley RH10 1XN Hopefully this is correct
  14. schoolboy error.... i sent my SAR off, took a copy of it with the cheque attached to it etc so that they have no "wriggling" room, but in my infinite wisdom forgot to sign the letter....does anybody know if that will give them an excuse to delay it? Cheers
  15. SAR sent 1st class recorded today...off we go
  16. SAR sent 1st class recorded today...off we go
  17. ok...preliminary letter sent Saturday 3rd March (finally)
  18. would've thought it was best to do it as one unless they total more than £5,000 which could take them out of the small claims court. I'm sure somebody will soon correct me if this is wrong. Cheers & Good luck
  19. as far as I'm aware, the £12 isn't an amount they can claim, it's merely the maximum they can charge before the OFT will intervene. By law, they still cannot charge any more than it costs them, so unless they can justify their £12 charges you're entitled to claim for them too. Good luck
  20. cheers sonja, good luck with yours...i'll keep an eye out for developments Thanks for all your help
  21. cheers sonja...one more thing (at the moment anyway!!!) which address did you send the prelim too? Is it the one listed above for filing court claim? Cheers
  22. ok...finally got round to this...does this seem ok for preliminary? My request I am writing to ask you to refund to me the charges which you have levied from my account since April 2001. I now understand that the regime of fees which you have been applying to my account in relation to late payments, exceeding credit limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs. Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. 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. 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 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 £390 in unlawful charges from my account. In addition to this, I also request that you refund me £738.92 in compounded contractual interest, which I have calculated at 21.99%, as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity; it is based on your standard rate for purchases that is applied under the terms of the above-mentioned account. Therefore, the total amount I am claiming is £390 + £738.92 = £1,128.92. I enclose a schedule of the charges applied for 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 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 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 large 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, Bradley Smith
  23. Great minds Sonja, I did exactly the same with Halifax
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