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Everything posted by verdant

  1. Thanks for all your help. MCOL submitted for £738.66 including 8% interest.
  2. Data Protection Act LBA sent by recorded delivery. I received a letter a couple of weeks ago from Halifax saying they had the fee and were satisfied with my identity and that the information requested would be sent out within the allowed time limit. They haven't sent me anything else. A call to their customer service line confirmed that nothing had been done aside from sending the letter.
  3. What is counted as a cost of bringing the claim? The 14 days I gave them in my LBA is up today and I want to submit my MCOL this evening. Any advice gratefully received.
  4. I've received a letter informing me that my SAR is being dealt with. Do Halifax typically take the full 40 days? The 40 days for my SAR end on Wednesday.
  5. I've been preparing the particulars on MCOL in case Citi don't come through with a full refund of my charges this week. I'm using the information from the library about completing the particulars. I'm wondering about my costs. Can I put in an amount for my costs, mainly postage, paper, envelopes and time. If I can do I put the costs in with the amount of my claim in section 5, or in section 7 (costs allowed by the court), or do I add another section? As I'm self employed and charge a fixed hourly rate for my services, can I charge the time it's taken me to pursue this claim as a cost?
  6. Thanks, I'll call them (RM) tomorrow and see what's going on.
  7. I'm wholly expecting a very non-commital answer which will give lie to the myth of an independent Financial Ombudsman Service funded by the industry it's supposed to help resolve disputes with. The financial ombudsman service is referred to by banks in their responses to complaints in order to obfuscate the fact that the best course of action may be to go to court. When was the last time you had a letter from a bank saying "if you are unhappy with this response you can refer the matter to the Financial Ombudsman Service, or if you'd prefer to actually get your money back you could take us to court".
  8. I've emailed the FO asking what they can do to help me with reclaiming charges made by various banks.
  9. Okay, now I'm really puzzled. I've received a response to my LBA from Citi even though Royal Mail say it's not yet been delivered. Not sure what happened there. Citi's response was all standard stuff: may take up to six weeks to retrieve statements from archives, once I have the information I will contact you, thank you for your patience, etc. I think we all know this is yet another attempt to stall the process of reclaiming the charges and one for which I am not going to fall.
  10. I've started the process of reclaiming the unlawful charges Halifax have levied against me. I've started this thread to keep track of my claim. Halifax received my SAR on 8th December 2006 so I should be getting my information fairly soon. I'll keep this thread updated with any progress.
  11. I'm having real difficulty sending mail to Citi. I've had two recorded delivery letters not delivered and (presumably) lost. Has anyone else had this problem? It's severely slowing me down.
  12. I guess it should be possible under section 7(d) of the Data Protection Act to find out if the card issuer automatically authorized the payment and what logic was used in the decision making. I've picked up quite a number of charges for situations in which I'd only marginally breached my credit limit. I feel that, in these circumstances, the payments are authorized in order to charge the fee. While it may not be possible to prove that banks operated in such a cynical manner it would be possible to demonstrate that it was their own processing that caused the account to be over its limit. Negligence?
  13. I don't have a copy of the Ts&Cs so I can't check how much notice they have to give. I do know that I checked my available credit yesterday (Friday) and there was plenty then my card was declined today. They had literally applied the change overnight without any prior warning.
  14. I've been thinking about overlimit charges and modern electronic payment systems and have a question that someone may be able to answer. When I make a payment with a credit card and the payment is authorized by the card provider, if the payment takes the account over its credit limit has the card provider broken the terms and conditions? For example if I have a card with a credit limit of £3000 and a balance of £2995, and try spend a further £10 by credit card shouldn't the card issuer decline the payment? The decision to decline or approve is taken automatically and is performed by equipment owned or operated by the card issuer and they hold up to date information about the balance of the account. Could an argument be made that as the card issuer could and indeed should have declined the transaction, therefore no charges should have been incurred.
  15. Richard Cooke signed the letter I received apologizing for having taken so long to start looking into my SAR. It's a shame he hasn't actually done what was needed though.
  16. Yes, I was fortunate that I had other means of paying but they didn't know that. As far as I can tell, the decision was a cynical one by Barclaycard to try and cause difficulties at Christmas. I don't believe I've missed a payment on the account so I can't see why they would feel the need to take this action other than my request to have a charge refunded. I have been charged on other occasions as well, always for going slightly over my credit limit. I've printed out my Subject Access Request letter and I will be sending it on Wednesday.
  17. My current thinking is to go straight to court action for my data protection request. They have already sent me some information and so they must already be satisfied with my identity. They are being deliberately obstructive. They certainly haven't asked for my identity in a timely manner. It took nearly 70 days and 2 reminders to get them to acknowledge that there was more to my subject access request than previous statements.
  18. I've just been to hire a car I reserved weeks ago so that I can get up to my parents for Christmas. Earlier this week I paid off my Barclaycard in full so that I could use it to pay for the hire. I was rather shocked when my card was refused. Barclaycard had reduced my limit on 22nd of December, despite a good history of paying. I had checked my account online yesterday and it wasn't showing a reduction in the credit limit. I had phoned them up last week and asked for a refund of an overlimit charge that they had applied because the interest had taken me over my credit limit. I can only assume there is no coincidence. A deliberate attempt to try and make Christmas difficult.
  19. I saw the thread about RBS. It made me smile, I had problems with NatWest earlier in the year.
  20. Citi received my preliminary request for repayment and notice of intention to begin procedings regarding my subject access request on Monday. (Royal Mail seem to have been incapable of delivering a recorded delivery to Salford so I ended up sending a second letter registered). I got the standard response to the preliminary request for repayment with an extra paragraph about my data protection request. They are still quoting Kissick v Citifinancial as a precedent and claiming that the court "implicitly [found] that the charges are fair and in conformity with the OFT guidance and common law principles of contractual damages." I wonder why they don't mention the more recent case in which the judge decided that £8 was closer to the figure or the fact that Kissick v Citi was in Northern Ireland. I also received under seperate cover a seven page form for identification to be filled in and returned before they will provide me with the remainder of the information I requested. I will, of course, be asking them why they sent all my previous statements to my current address, an address at which I had no prior contact with Citi until sending my subject access request. Clearly Citi don't take their legal responsibilities seriously. Does anyone have any advice about how to make a claim for failure to provide information under the data protection act?
  21. The data I requested were specific to me. I asked for any instance of a manual intervention that happened during the course of my account, such as the decision to withdraw my facilty. I assume this decision was a manual intervention as if it had been an automatic decision then I should have been sent a notice under 12(2)(a) of the Data Protection Act that the decision was based on data processing by automatic means; the act specifically mentions creditworthiness in section 12 as being one of the areas covered. It appears to me that either there was a manual intervention in which case they have failed to satisfy the subject access request or there was no manual intervention in which case they have not satisfied their duty under 12(2)(a). The marketing information was specific information in relation to marketing direct to me, such as offers of loans directed only at me and made by telepone and also any profile of me maintained by Citi. I am the identifiable data subject of these data and my understanding is that they would be covered by section 7 as I can see nothing to exclude them. As far as I can tell, Citi have made no attempt to address the requests for this information.
  22. I received a big bundle of statements from Citi Cards at the start of November, but nothing else that I asked for in my Subject Access request: Manual intervention information, marketing information, and more. I've prepared a letter giving insisting that they provide the remaining information immediately or face court action and also my preliminary approach for repayment. I calculate that I have paid over £600 in charges and interest on those charges in a 3 year period. I'll be sending the letter "Signed For" tomorrow, so they should have it on Tuesday. If I hear nothing by the end of the week about my subject access request then I guess it's off to court to enforce the request. I feel I have been more than patient and did provide them with a telephone reminder that the 40 day period was coming to an end. I guess I'll need to read up on the process of enforcing Data Protection Act requests.
  23. I have been in a similar situation in the past. I applied for a relatively modest loan from Nat West, I can't remember how much exactly, but approximately £4000. At the time I had some adverse items in my credit history and was left in no doubt that I wouldn't get the loan. If however I took a £15,000 and consolodated some other debts then the chap in the branch of NatWest would sort it out so I could get the loan. I assume he had a strong say in the discretionary part of the decision making process.
  24. Does anyone know what the relationship between Associates and CitiCards is? Will CitiCards have information about my card account from the period when the account was with Associates?
  25. I'm just starting out trying to reclaim the charges levied against me by CitiCards (and before them Associates). Today (12 Oct 2006) I sent a Data Protection Act subject access request (by Royal Mail Signed For). I'll keep this thread updated with my progress.
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