You are welcome.

Dont hold your breath for much of a decent response from him though. You will more than likely have to file to court.

Good Luck

Have you sent a SAR to them or do you already know all your charges?

When you say 2nd letter, do you mean a letter after you have requested your statements?

This is the letter I sent:

FAO Mrs Lisa Newton

Customer Care Department

Studio

Preston

PR0 2BP

Dear Mrs Newton,

Account Number xxxxxxx

Thank you for your help in dealing with my statement of account. I have now received all the relevant information for the requested dates. I would also like to thank you for crediting the “subject Access Request” fee to my account. This has put my account in credit and I shall be grateful if you would arrange for this credit to be refunded to me by cheque.

I am also writing to ask you to refund to me, the charges which you have levied from my account since January 1999.

As I am sure you are aware, 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.

I have noted your comments about your right to apply an administration charge but I would point out that the administration charges should only be an amount to fully cover your administration costs. If you believe these charges do cover your costs, please provide a full breakdown of these costs.

Since January 1999 I have had a large number of Administration Charges applied to my account and I have also had a large number credited back when I made a complaint about the charges at the time. There are however, still charges applied to my account that have not been refunded and I would now like to be reimbursed for them.

I have attached a schedule of charges still outstanding and I would like to point out to you that I am also claiming contractual interest (compounded daily) at a rate of 39.8% APR. This interest is claimed on the basis of consumer contract legislation, which provides that where a contract has not been individually negotiated, the party dealing with the consumer cannot insert advantageous terms into contracts where there is no comparable term in favour of the consumer. The total owing to me as at today's date is £263.08.

I ask that you refund my charges and interest (via cheque and NOT credited to my account or in vouchers) within 14 days of the above date.

I am a member of the Consumer Action Group and am aware of other claims where you have settled in a prompt and satisfactory manner and I hope this situation will be the same.

If I do not receive a refund within this timescale, I shall have no alternative but to begin a claim against you for the full amount, plus costs. I will also submit a complaint to the Information Commissioner. This will incur additional costs to yourself and I shall also claim additional contractual interest (compounded daily) until this matter is resolved.

I hope it does not need to come to this.

Thank you for your time in dealing with this matter and I look forward to hearing from you.

Yours sincerely,

(Excuse the size of some of the font)

Does that help?

I personally, would file for the whole amount as you have made it clear that you will not accept the offer. If it went to court, you would have proof that you rejected the offer.

Yep, you can claim for both.

Depends what interest you are claiming. You can just send the prelim in the library and change the odd word to fit your circs.

Hey Bong,

thought I would post here so you can update the date for Halifax. I received all my statements for my whole banking history with them and I opened my account in 1991 with them. I had no trouble receiving them.

Well well....I dont believe for one minute that this has been on here since 13.02.07. Surely someone would have seen it.

I agree with you Bong, it does seem silly that all the aggro etc could have been avoided if this post had been made available at the time. It seems a lot of distress was caused for no real gain!

Still, I suppose at least a post has been made by BF eventually. We have finally received our reply.

Go careful with the service charge as this is interest that you agreed to pay when you opened your account. There is no ground on interest being unlawful.

Good luck.

Kazdoc,

I applied for Admin charges and contractual interest at a rate of 39.8% APR. They offered all admin charges and 8% interest and I accepted. They then sent me a statement showing £10 SAR fee paid to my account and £40 adjustments in service charge (they didnt tell me about this though).

I have emailed them asking them to refund the £50 credit on my account but they havent answered so I will have to ring them.

Does this make sense?

Hi Eve,

No news yet. Im sure they will leave it to the last minute....as ever! Glad you are carrying on your battle!

Kerry, The service charges are usually the interest they charge ypu. You can claim the admin charges and then they usually adjust your service charge anyway to reflect the reduction in interest.

HTH

Soz, been away for a few days. Did you claim contractual at the bank? Your wording may need to be slightly different.

well done!

Excellent news doo for youuuuuu

Now the clock is ticking...you are not far behind me now.

Dont worry P, they seem like obviuos questions but they arent when you have never done one before....I didnt know how to do it until I asked someone.

Great news Noo at last!

Lets hope it doesnt take as long for them to pay up!

Well over the weekend I received my Notice of Acknowledgement from Cap 1 that they wish to defend all of the claim. I was rather amused seeing as I havent received notice of issue from the court. Phoned the court and they are sending me another one....jeez...not sure why all Cap 1 stuff keeps getting lost in the post, maybe they have a spy working at the Post Office lol. Anyway, they have 28 days to file their defence...tick tock!

P,

Yep I would reject and give them an extra 7 days for your court date being as the offer crossed with your LBA. Tell them as a gesture of goodwill you will extend your deadline to blah. You will then only receive letter saying that was out final offer and it probably wont be within your timescale anyway so just file at court on the date you give.

Hey Doo, I had notification that Cap 1 intend to defent the claim so bring it on. If they offer me 8% they can go jump as the POCs state that "alternative as the judge deems fit" not the least amount that Cap 1 think they can get away with paying. We know they have paid full CCI to people so I will hold out for CCI.

Paintball,

You need to update your schedule of charges to the date you are going to file at court and put the total interest in where the red is. So it will be total amount on spreadsheet minus the charges and that will be the total interest up to the date you file.

To get the monetary value at the daily rate, just insert the next days date into the spreadsheet and minus the total of the previous day against the date you entered, that will work out the daily figure, mine was about 49p.

Does this make sense?

Well done Eve, keep at em. The next letter will probably offer you all your charges except the £12.00 ones. Oh and I received acknowledgement that Halifax intend to defend so they have another 28 days to submit their defence.

Lloyds did that with my O/Hs SAR. I sent them the non compliance letter and he received the stats just outside of the 7 days. They never agreed to repay any charges though as they said they were fair roflma! Im now preparing to file.

good Luck folks

Hurrah I had the email notifying me of yooooou doo! lmao

N1 filed on 20.03.07. Confirmation from court that was deemed as served on 23rd March. Rbos have acknowledged they intend to defend all the claim.......bring it on.

Confirmation from court that is classed as deemed to be served on 23rd March. They have until 10th April to reply.