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Everything posted by natheyabdn

  1. Hey Guys, Have a question but its not regarding charges so to speak. I used to be employed by HBOS then fell ill and had to be signed off, they were unhelpful and generally pretty nasty - my illness prevented me from attending meeting etc which they were aware of and i had my doctor backing me up. Basically they dismissed me on ill health but it has come to my attention that they released personal information to people within the business that didnt have a requirement to know! Therefore its a breach of confidentiality/slander case - but ive approached some local solicitors who cant do anythin as they do work for them, so it is a conflict of interest. I did speak to a solicitor through the union i used to be with and he said if the case was successful i could be looking at damages of over 100K - because i am no longer a member they cant assist which is a pain! I have quite a bit of evidence; messages received, threats against my life from one person who was told. Just wondered if you knew of any solicitors and if there is anything else i need to do? Cheers
  2. unsure if you guys know, but Capital Bank falls under BoS Corporate therefore your big buddy would be Peter Cummings CEO of Corporate..Dont have an email address but send to [email protected] and ask him to forward to Peter...I did and got a personal response from Peter Cummings! The joys of bein an ex employee...Nice insider info lol
  3. Hi, Still no joy they are saying now its because of piracy that they cant take it back.. but ive told them that it hasnt been opened. Any idea on what i can put in a letter to force their hand, legal proceedings, obligations etc.. All help greatly appreciated
  4. Guys, Problem again... they are now ignoring my email and i have no contact number... what can i do to get them to process the refund?! Nathe
  5. Thanks for your help guys!! I shall get on their case again.... apparently they think ignoring me will make me go away - How wrong could they be, lol
  6. under the sale of goods act i surely have the right to return it especially if it hasnt been opened - they cant just say "No we dont do returns on software" can they?? Doesnt seem fair if they can! Ta, nathe
  7. I bought Outlook 2007 from Bestpricedbrands.co.uk - however i emailed them before the item was sent to request cancellation and a full refund. The item arrived (which remains unopened) so i emailed again but they are now saying they dont accept returns on software - i told them again that it has not been opened or used... Does the sale of goods act or distance selling not apply to my situation?? If so what should i reply to them? Thanks for your help Nathe
  8. Hi, Thanks for your reply. Just a note to say they have since sent another letter stating Term Loans are not covered by the CCA - Its under 25K so i thought any form of personal lending was covered under that amount? It even says on the agreement "You'll be bound by the CCA" Also i had a chat with a solicitor and they said they were late with providing the documents, which a judge wont be very impressed with, added with that due to the fact they gave me someone elses account number on two occassions again it goes against them. The solicitor told me that i am in the driving seat and should negotiate new terms even a new amount, if they do not comply got to the FSA, Information Commisioner & Police. Apparently the action that can be taken for breach of the CCA alone is a fine of £2500 & 6 months in prison!! Any advice on what to do? Is it ok to mention i would be able to get help from the Consumer Action Group? I'll donate once everything gets sorted Nathe
  9. Hi, Basically as they took so long to get me the relevant documents i dont want them thinking they can casually give them to me when they see fit - they committed and offence, infact two - one under CCA & the other under Data Protection. Therefore if i can get some or all of the debt written off due to that would be a positive note. How would i go about this? I was told before that as they have committed a criminal act that if it proceeded to court then the judge is likely to punish them by reducing the amount outstanding. Is this likely - what sort of letter should i send in response to the banks?
  10. Hi Everyone, Really need some help and advice - got a response from HBOS, seems like a fob off letter.. " Dear natheyabdn, I refer tp previous correspondence concerning your complaint about your request for Term Loan Agreement papers. Your complaint has been passed to me in my capacity as Senior Customer Relations Manager for final review. My understanding of your complaint is that you are unhappy with the delay you experienced in obtaining your Term Loan Agreement papers. You advised that you wrote to the bank on three occasions and never received a response. You comment that a member of staff confirmed that the bank did receive the letters, however my colleague Kevin Smith later advised that he was unable to trace any record that they had been received. You state that the Bank have exceeded the timescale in providing you with the requested information and that due to this the Bank have committed a criminal act under section 77(1) and section 78(1) of the Consumer Credit Act 1974. You state that the debt is now unenforceable. You have alos advised that the Bank have provided you with information of another customer and as a result have breached the Data Protection Act. Please accept my apologies for the differing information you state you have been given with regards to the Bank receiving your initial letters. I can confirm that i have been unable to trace any record of the Bank receiving these, although i note you state a member of staff has confirmed to you that they were received. Having fully investigated your concerns, I would advise that section 78 of the Consumer Credit Act 1974 does not apply to Term Loans. Having liaised with our Legal Department i can confirm that under section77(1) of this act, the bank cannot take any enforceable action with regards to a customers Term Loan during the period of time whereby the Bank have not provided a customer with their request for Term Loan Agreement papers. Once the bank have provided the papers to a customer then enforceable action can be taken should the customer fail to meet the payments. As you are aware Term Loan papers were provided to you by my colleague Kevin Smith in his letter sent to you date 13/12/2006. Please accept my sincere apologies for the delay you may have experienced in providing you with this information. I can confirm that the outstanding sum on this loan remains payable and i would urge you to continue making payments. You will know that the Bank takes Data Protection very seriously and as you stated the bank previously sent you information relating to another customer. I would ask you to provide evidence of this. I would request that you return this information to us in order that we can investigate this matter further. Having considered all the circumstances of the case it seems we have reached the position where no further explanations will serve any useful purpose. To comply with legislation.... They go on to give me FOS address etc." Can someone advise further - is this just a fob off whilst they cover there tracks... whats the next course of action i should take? Should i stand my ground or give up?! Thanks in advance guys. Nathe
  11. Well, We can live in hope, lol! Hopefully they'll adhere to my request to save me going to court etc, but if need be i'll just have to go :-/
  12. Sorry, should of said - its for a Personal Loan, Sent another letter off to them stating they committed a criminal offence as its way past the allowed period even though they provided the document, in addition to that they gave me another customers Account Number so they have also broken the Data Protection Act!!! So as i said, letter has been sent detailing i relinquish all responsibility to the said debt and told them to write it off without detrimental effect to my Credit File as they have committed a criminal offence and an offence under the DPA, also said that if they fail to comply i will report them to the FSA, Information Commissioner & the Police for whatever action required. Lets hope i get a positive response!
  13. I have to say they are useless even to sellers when disputes arise - i currently have a complaint with the Financial Ombudsman as they took money out of my account after a buyer said they didnt receive the item even though they did and it was sent special delivery!!! Useless - totally stupid and just generally unhelpful!!!!! Nathe
  14. Hi, I was wondering - my employer divulged details of how long i've been off work and that i was on long term sickness to a third party - this is illegal isnt it?! I have an internal grievance about to start but feel they are just going to say "We wont do it again" That isnt a good enough response for me - what would be the next course of action.. i thought probably an employment tribunal? Am i entitled to compensation for the distress and further upset this has caused including worsening my illness?
  15. HELP!!! Today i have received a letter from the Bank & a copy of the agreement... However it has well passed the 12 working days and further 30 days - at least by 3 further working days, they're letter is dated 2 working days AFTER the deadline. What can i do now?! They committed the offence but it appears they now have the agreement - should i say im not paying and want the money i've paid back and then proceed to court?! Dont know what to do now!! Nathe
  16. If it is priced at the lower price in the store you are legally entitled to it at that price. If it is only the window display showing the lower price and not the "Ticket" on the shelf then you are not legally entitled to it for the lower price. Hope this helps! Info coming from a friend of mine who has studied law for 6 years! Nathe
  17. I agree - So far i've found if you deal with the "Obsolete" people in companies call centres you tend to get nowhere fast!!! Through my experience, going straight to the top gets things sorted a whole lot quicker... It worked with Orange for me, both Broadband & Mobile. And fingers crossed its gonna work with my complaint to HBOS (In the process of gettin sorted... fingers crossed) Nathe
  18. Just to let you know, Dell WILL play silly buggars and say "No, cant refund" etc.. they did this with me but i was having none of it. After speaking to several people i got it sorted! Just stand your ground
  19. Oooops - dont know what happened with the last post but here's the letter!
  20. Thought i should start a thread to post my progress regarding my endeavours! 24/10/2006 - Good old request for CCA sent In between i did actually send a few "Formal" reminders but still nothing 12 working days pass, HBOS now in default of CCA 30 further days pass - only received one letter stating "We're sorry for the delay in sending you your agreement, we are looking into this and you will receive a reply within the next 8 weeks" Emmm - sorry but your time is fading fast - and i aint extending it to 8 weeks, would they extend the same courtesy - i think not Letter sent detailing all payments have ceased etc (See next post) Now awaiting a response.... Lets see what it is! Nathe
  21. Thanks for that - the thread is really useful!! If anyone else can give me some more in depth help or advice that would be great - since a lot of people seem to have had the same experience with HBOS - what is their likely course of action/response etc?!
  22. bump - Sorry for being impatient, just really need some advice, very nervous!!
  23. All Companies about to perform a credit search MUST get your permission either verbally or in writing. Nathe
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