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sleepyhead

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Everything posted by sleepyhead

  1. I use a local Credit Union to put any leftover (!) money in each month, they offer far far cheaper rates on loans than banks do for their members. Worth checking out.
  2. Well, so big business and their money wins - what a surprise. I for one would be very happy without a bank account as I like to work in cash only. But big business wins again on this aspect too, as I'm practically forced to have an account due to the 'big guys' stating that I must provide details of my bank account or credit/debit cards to buy necessities such as utilities, Insurance, telecommunications, etc etc or to have salary, Government benefits/Council benefits paid to me. What a world eh - what would happen if hundreds of thousands of us did away with our bank accounts and insisted that the 'big' companies and employers respect our choices not to have a bank account and not be penalised with higher charges for paying in cash as we are with eg electricity/gas.
  3. Sounds to me like they have changed the actual type of your account - reeks of one of their newly introduced accounts!!
  4. I visited Blair Oliver Scott last month as I recognised the postal code in tiny, tiny print at the bottom of their letters. The postal code is local to me and surprise surprise it led me directly to a very modern new building emblazoned with a very familiar sign, yep that's right it is the ' Halifax'. The Halifax bank in Rosyth, (on approach to the Port), Fife, is the registered offices of Blair, Oliver, Scott who are/were owned by the Bank of Scotland before the merger that is, assume it is now part of the HBOS.
  5. Hi folks advice needed please????? This whole subject leaves me absolutely exhausted and I can no longer keep up with the correspondence that is being sent to me and bully boy tactics of firms masquerading as debt collectors yet are the very same bank(s). In Feb. I opened a parachute account whilst applying to Halifax for bank charges refund (2nd time, 1st successful 4yrs ago) this time using Hardship route, ie long term sick (several yrs), no employment, outstanding C Tax, etc etc. Halifax refused. All money paid into my account is related to my ill health ie disability benefits and a small ill health occupational retirement pension. I transferred all my banking to parachute account (keeping Halifax open) the only way to stop the Halifax from emptying my account twice a month. Soon as done Halifax defaulted me and continue to add charges to my unused account. I have been harassed since March by Debt Collection Agencies threatening Court action if I don't pay immediately (as at today) 454.66. I have informed all who contact me the amount is disputed and refers to bank charges but the letters and threats continue, weekly. Likewise I have informed I welcome the commencement of Court Procedings but seems they prefer to harass and they just keep sending the letters. The one today is from Blair, Oliver & Scott, the postal code on their letter is local to me; that of the Bank of Scotland......surprise surprise. What do I do next or what options have I got if any? These people never acknowledge my contact. Can I force them to commence the court actiont? Can I just ignore all contact hoping they will take me to court (surely they won't cos of the subject)? Apply again for bank charges refund from HBOS/Halifax under hardship, remembering that they are threatening me with this action for non-payment of charges. My request for refund of bank charges in Feb was approx £1000.00 covering a 2yr period. Never followed it through due to Stay. Can they continue to threaten court action over a prolonged period without taking it? Hope someone out there can advise me what to do next.........fingers crossed.......there is.
  6. Thanks Lori your help and link very much appreciated. I've lost a whole day on here searching and reading up on court procedure and just realised I haven't even had my tea yet!!
  7. Please let me know how you get on at Sheriff Court. I went today to basically to pick up info/forms which I will read later. They were unable to advise which form(s)/track I would use to get Bank to court for non compliance of Data Protection Act. Perhaps I'm the daft one here but I did think that they were there to help on this kind of query!
  8. Hi CK Thanks for your reply. Still no info from Barclaycard despite hasteners etc. Sadly no other replies/help to my question about non compliance procedure in Scottish Courts. I am in England for a few days visiting family which I do regular so I may well use English county court to kick BC up the bahookie. I used English court to get 6yrs back from Halifax rather than more complicated system in Scotland for 5 yrs. Let me know how you get on.
  9. Has anyone taken Bank to Court for non compliance of SAR in Scotland? I have made complaint to ICO, and have been very patient with Barclaycard but now as it is nearly 3 mths since request for information I'm prepared to force it through the Court. They're just taking the mick now, apparently info has been sent out to me twice!!!!! No way! Any advice/help very welcome. Thanks
  10. Thanks for that Natwestmember. Not sure if that is the same answer as was given by the Nationwide, ie Banks can now make agreements with “big companies” whereby an “electronic signature” is allowable. This has been the case “for several years now”. My dad is no longer interested, bank are repaying dd. However I am cos it just doesn't seem right to me that a well known utility company can stick 3 dds on an individuals account, without that person's knowledge and even though they are not a customer and even more alarmingly, no longer responsible for the property (I am and pay monthly dd to a different utility provider) and the bank allow it to be done, no checking at all!
  11. Thanks for that information. Bank has been contacted and I'll hear more today on the outcome there. Main concern really is can a bank acccept direct debit instructions which are unsigned by account holder? Of course I realise there is the chance it could have a signature but certainly not my father's.
  12. Can banks accept and action direct debits without the knowledge of the account holder? This has just happened to my father, three direct debits have been placed on his account without his knowledge by a utility company, definitely not his provider, and money taken against them?
  13. Oops, should have done this sooner, but had some shopping to do..... Thanks to all who have given me encouragement through the forums and most of all to the organisers of this brilliant website which has empowered me to stand up against the big bully boy institutions who actually believe they have the right to do what they do because they are who they are..... Yep, I've completed the survery and my first debit from my newly found wealth was 5% to CAG - the best mone ever spent. Thank you everyone. now known as user sleepyhead - don't ask!!!!
  14. I' m in the process of doing so. See my post no 1 in forum. So far they've tried the fob off letters etc but I mean business and will not let this go. Report has gone off to Information Commisioner's Office (for all it's worth!) and by the end of the week if I still have not received the informationb regarding my account I will start the appropriate Court action. Next are insisting they have never levied 'late payment charges' on their customers (not that I mentioned 'late payment'), however they are not telling the whole truth 'cos they definitely levied extortionate charges on my account. Watch this space...I'm going for it..
  15. Still euphoric from my success with Halifax have now decided to check out all accounts etc I've had over last few years, majority now closed. Sent Data Protection Act S.A.R - (Subject Access Request) template letter to Next plc recorded delivery 13 Sept. Interesting letter received back dtd 28 Sep: 'Thank you for your letter addressed to our Data Controller which has been forwarded to me. Next has received a number of similar letters from other customers, relating to the recovery of charges associated with late payments. If your enquiry does relate to the recovery of late payment charges, I can advise that to date Next have not applied late payment charges to its Directory accounts, which include store card transactions. If your letter is in connection with the recovery of late payment charges I would be grateful if you could let me know by calling 0845 7413315 and I will be happy to return your cheque to you. However, should you still wish us to proceed with your subject access request, I will ask our Data Protection Officer to deal with this for you. I await your further instruction. Bridget Parnell, Customer Relations.' Delay tactic number one I think! Responded 2 Oct reminding them of their obligation under DPA and that I am NOT at liberty to give reason for my perfectly clear request which is extant. Yet another letter from BP received. Note no reference to my letter, (which I have proof they rec'd), or DPA. 'Further to my letter regarding the cheque you sent to us along with a request for information. I would be grateful if you could contact either myself or one of my colleagues on 0845 7413315, to advise if you wish us to proceed with the subject access request, or whether your enquiry related to claiming back charges levied for late payment. If I do not hear from you by 3rd November I will assume that you do not wish to take this any further and will return your cheque to you.' Yesterday couldn't resist phoning BP informing her that Next are now in breach of DPA and complaint has been lodged with Information Commissioners Office and LBA in post allowing a further 7 days to supply info or else I will go to Court to enforce compliance. I did ask why my request had not been acted on instead of sending pointless letters. She replied it was done IAW with advice from their solicitors. Seems to me they don't think legislation applies to them. Another letter received today referring to phone call, reiterating that their letters were sent to assure me that Next do not levy late payment fees. It goes on .....'If you wish to make a full SAR which involves Next searching all files including Human Resources, Marketing, Customer Relations, please complete the attached form and return it. Because Next have to search all the files held within the organisation under a SAR, the £10 fee is payable even if Next do not hold any personal data. I note your letter referred solely to the provision of account information and I have not therefore made the assumption that you wish to make a full SAR. more blah blah blah. I have returned your cheque with this letter for you to send in with the form, should you wish to proceed with SAR.' They're being rather defensive and condesending aren't they? Would have been easier to action my SAR on receipt instead of delaying and off putting tactics.
  16. I received one of these LBA letters too, (dtd 25/9) having ignored letters from Telogram and HL Legal, who I believe are all related and contain no information other than a demand to call a premium number. This is the first time I have had a letter from Capquest and here it is. 'YOur account has now progressed through our pre-litigation system with the relevant validations and checks now complete. Your account will now be passed to our solicitors for legal action to commence on or around 29th September 'Once the litigation progress has been instigated and a judgement granted we will enforce the judgement with a Warrant of Execution. A Bailiff will be assigned immediately to attend your address as endorsed on the warrant. The Bailiff will take an inventory and levy goods. You will be informed that the Bailiff has impounded the goods and you will be asked to sign a Walking Possession agreement, acknowledging the impounded goods are in the possesion of the Bailiff. If full payment or a satisfactory offer of a payment plan is not made, the 'Bailiff is authorised to remove the goods to pay the debt. A walking possession agreement means that the goods have been seized now legally beling to the Bailiff and can be removed at any time. However they will remain in your home and you can continue to use them providing you keep to your side of a the agreement. The fees charged by the bailiffs will be added to the amount owed. Any additional costs for removing and selling goods will also be added to the amount you owe. Remember that goods sold at public auction typically sell for about 10% of their original value. This means that if you owe £50 a bailiff may seize goods to the value of at least £500. Be in no doubt, failure to repsond within the time stipulated willresult in lkegal action being instigated and we will utilise the legal system to its full extent to ensurre that this account is settled.' Had I not fond this site it would have scared me to death. I sent off CCA yesterday, lets see what threats I get next.
  17. Yes, I know new user name - probs signing in etc. Issued N1 through Barrow-In-Furness County Court on 21st Sep and received letter from Halifax dated 26th stating intent to defend, blah blah, but too costly etc blah blah. Bottom line, they're paying out in full, all £3057.93 money will be in account within 5 days. Not counting my chickens etc but not in my account yet..... I'M SOOOOOOO HAPPPPY.
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