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Everything posted by Stornoway

  1. I know of 2 people who have successfully claimed from HBOS as employees. Havent seen any HSBC employee claims but i'm sure they are out there.
  2. You only need a correspondence address in england for court documents so i've just opened an account with "mail box etc" in preston whose address you can use when filing your claim with MCOL and they then forward all mail up to you. You dont have to change your address details with the bank.
  3. I recently sent off a s78 request to Citi and had to chase twice before getting the following response; "Thank you for requesting a copy of your credit agreement. We regret to inform you that section 78 of the CCA 1974 does not require Citi to provide you with a copy of the executed agreement as you appear to believe. It requires Citi to provide 'a copy of the executed agreement' as defined by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. The obligation to provide you with that document is fulfilled by the provision of the terms and conditions, which are supplied to customers upon reissue of their card, being printed on the card carrier. We enclose a copy of the terms and conditions for your account. This is an industry standard document and conforms with the Regulations. We set out below a summary of the same for your information. 180 Power to prescribe form etc of copies (1) Regulations may be made as to the form and content of documents to be issued as copies of any executed agreement, security instrument or other document referred to in this Act, and may in particular - (a) require specified information to be included in the prescribed manner in any copy, and contain requirements to ensure that such information is clearly brought to the attention of a reader of the copy (b) authorise the omission from a copy of certain material contained in the original, or the inclusion of such material in condensed form. The consumer Credit (Cancellation Notices an Copies of Documents) Regulations 1983 make it clear at eg 3 that the 'copy executed agreement' is not required to be an exact replica of the original per se but an extract since it is allowed to omit certain information including any signature box, signature or date of signature." Phew ....... the letter basically encloses a copy of my terms and conditions and nothing else. I'm fairly bamboozled by this letter which was probably Citi's intention. I strongly suspect that there is no agreement as this card was issued years ago by the Associates before Citi took them over. I would really appreciate some advice as to how I should respond. Many thanks.
  4. CCA is Consumer Credit Act. In what context did you see RS ?
  5. that part of the programme really caught my eye too. A couple of things though; 1. do the spreadsheets cover only the time taken to process the specific transaction / piece of work (i.e. staff costs) or does it also include all overheads (heating, electricity, building rent, etc etc). 2. citicards stood up in court a while back and claimed their costs were much higher than £2 - would they really perjure themselves so blatantly ? 3. can the clydesdale / yorkshire bank person give a written statement as an expert witness that we can use in court ? This person could also presumably make a nice little earner as attending court as an expert witness (costs could be recharged to the defendant if successful?).
  6. Many thanks Humbleman, I have used your link to find the following letter which I have adapted to my circumstances. All feedback on the letter gratefully received !!! Thank you for your letter of 6th March. After scrutiny of all relevant legislation, including the Consumer Credit Act (As Amended), the various Financial Services Acts and the Data Protection Act it is clear that there is absolutely no legislation that allows a lender to collate, process or distribute any information unless there is express written permission from the data subject. In fact, Section 10 of the Data Protection Act awards the real authority, regarding privacy of data, to the data subject, not the Data Controller. The Act is also very clear as to the rights of the data subject in respect of withdrawing permission to continue data processing and disclosure: 10. - (1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons- (a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and (b) that damage or distress is or would be unwarranted. However, there are some exclusion provisions for Data Controllers, and Section 10 does continue with various exceptions to subsection (1) above, and these are quoted, in full, below: 10. - (2) Subsection (1) does not apply- (a) in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or (b) in such other cases as may be prescribed by the Secretary of State by order. To paragraph (b), I can only presume that RBS has not applied to HM Secretary of State for an order allowing you an exclusion, which leaves RBS with the only remaining possibility of requesting an exemption under paragraph (a). So, we must turn to the exemptions permitted in paragraph (a) to find where RBS may invoke a perceived exemption to the DPA, namely, those listed in paragraphs 1 to 4 of Schedule 2. I have reproduced these exemption paragraphs, in full, below: 1. The data subject has given his consent to the processing. 2. The processing is necessary- (a) for the performance of a contract to which the data subject is a party, or (b) for the taking of steps at the request of the data subject with a view to entering into a contract. 3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract. 4. The processing is necessary in order to protect the vital interests of the data subject. It is my contention that RBS’ supposed right of obtaining an exemption is not contained within any of these paragraphs. I have followed each in turn with my notation to give a clearer explanation, should there be any lack of clarity. 1. The data subject has given his consent to the processing. As far as I am aware I have never given my consent. 2. The processing is necessary- (a) for the performance of a contract to which the data subject is a party, or (b) for the taking of steps at the request of the data subject with a view to entering into a contract. For (a), there is no contract being performed, and for (b), RBS and I are not entering into any form of contract, and certainly not at my request. 3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract. According to the Information Commissioners Office (I.C.O.), exemption 3 includes all other statutory obligations for which the interests of national security and welfare override personal privacy. These obligations allow for the provision of data to Official agencies and organisations, e.g. disclosure to crime prevention agencies (Police, Intelligence Services, etc), official Government agencies (DVLA, DSS, Passport Agency, etc.) and health authorities, etc. and for any other purpose not agreed within a civil contract. We all know that the three major credit reference agencies are not Government bodies, nor official agencies, but for-profit companies. None of these three agencies are listed in the appropriate DPA Schedule that names the specific organisations that are permitted any such exemption rights. 4. The processing is necessary in order to protect the vital interests of the data subject.” With reference to the I.C.O. again, this is interpreted as anything that affects the data subject as a matter of life and death. This clause is included in the DPA to permit data, like medical records or contact details, being disclosed in emergency situations. I do not believe that my former account details could be described as anything like a matter of life or death. So, it is clear to see that there is neither statutory provision permitting RBS to assume processing rights of my data at your discretion, nor any exemption. I have no recollection of having given my permission for you to process my data. You are no doubt aware that any non-agreed disclosure of personal data to third parties, without express written permission, is a criminal offence under Section 35, of the DPA. However, if I am mistaken, and a contract did, indeed exist permitting disclosure of my personal data then you must provide me with a copy of those signed terms indicating where I have agreed to them. This should be sent to me as one of your enclosures, if you wish to contest the enclosed Statutory Notice. You should be aware that you have, by statute, twenty-one days in which to either comply with my Notice, or give written notice stating your reasons and why you consider the Notice unjustified. In summary, I am formally instructing you, as an authorised officer of the Bank, from this day onwards, to: 1) cease to continue storing, processing or communicating my data; 2) remove all such data from automated process systems, as per the provisions of Part II, Section 12 (1) of the Data Protection Act, namely: (1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct. Of particular note is the Acts own term “his creditworthiness”; 3) cease to disclose any data to any third party including, but not restricted to, Equifax plc, Experian Ltd and Callcredit plc; and 4) instruct Equifax plc, Experian Ltd and Callcredit plc to remove all data pertaining to your records on me, to the extent that no data entry in relation to RBS Group plc will exist on my credit files. Any failure on your part to adhere to these statutory timescales will automatically be interpreted as your non-compliance with the legal procedure. In that case, you will be expected to unconditionally comply with my Statutory Notice or I shall have no alternative but to refer the matter to the Court to seek an Order to that effect. Should it be necessary to refer the matter to the Court, then I shall also apply for Court fees and legal costs against the Bank. I shall also reserve the right to seek redress for damages as per the remit of the DPA. I trust that I have made my position clear, and that RBS will now make a serious effort to understand its legal obligations and effect the changes requested. Should you be in any doubt as to the Banks obligations as a Data Controller, then I would advise that you consult your corporate counsel. In any event, I shall expect a written confirmation from you acknowledging the contents of this letter within 5 working days, as per the requirements of section 15.3 of the Banking Code. Please confirm by return that you will arrange for all information to be removed from Credit Reference Agency files. I look forward to hearing from you. Yours faithfully,
  7. Hi As part of a claim for refund of charges I recently sent a S78 request to RBS and eventually received a response advising that they couldnt find the agreement and accordingly the debt was "discharged". Unfortunately I have a default on this account so I responded to advise that: "I have never given agreement for my personal data to be processed and under Point 1 of the Data Protecton Act 'Conditions relevant for purposes of the first principle: Processing of any personal data', a data subject must have given his consent to the processing of any data. Therefore please remove my default and all other records from CRA files otherwise I wil take appropriate court action." Response received last week states that 1. the account has been registered with credit reference agencies. 2. the application has been lost but this does not mean the default entry has to be removed as a customer does not have to have given his consent for such registration (??????????) 3. the bank will only notify a CRA of a default once customer has been sent notice of default and copies of the notices sent to you on xxxx are enclosed 4. the default has been correctly registered and we await details of the court action that will be taken by you. Help !!!!!!!!!!! Surely if they have no agreement, then they dont have consent to process data and default must be removed ?
  8. Hi, great news - well done. For clarity, I sent a spreadsheet with interest + contractual interest claim then verbally reached agreement for a figure very slightly (from memory c.5%) below what I asked for which was subsequently credited to my account. Last week I used the same process for my wife and reached the same conclusion but this time they sent a spreadsheet through which shows a refund of interest at a higher rate than I had asked for plus contractual interest at a flat 8%. If you have reached agreement for a figure fairly close to what you were originally looking for then I would take it (and enjoy it !!!!). I'm working on First Direct at the moment and they are not entertaining an interest claim at all - first court claim looms........ Cheers
  9. Continuing to follow the thread with interest !! There is some very good and well researched advice coming through. As you know I managed to stop mine before it went to court but I agree with Gingerheid that paying the arrears would surely look very good to the judge (you should be able to pay over the phone to the collection team at NR). Thanks for asking about me, I'm having some very good success in reclaiming charges (albeit all going to DCAs so far) and in having defaults removed through s78 claims. This site is so empowering and I finally can see light at the end of the tunnel. I really do hope things work out for you.
  10. Redeath I have to admit I dont know a huge amount abouts Scots claims as I was planning to go down the PO Box route but some things for you to check are; 1. I thought you had to have an english correspondence address to claim in england. 2. By going through their local court (Nottingham) you could make it more attractive for them to defend (lots of people have been resisting Citicards attempts to move claims to their local court). 3. do you have the same protection under summary cause against costs (i.e. if you lose under small claim courts you dont have to pay costs but not sure if it is the same principle under summary cause ?) Good luck again !
  11. Have a read of the thread below. Problem in Scotland is that the small claims threshold is £750. Good luck. I'm a couple of weeks behind you. http://www.consumeractiongroup.co.uk/forum/scotland/52551-claim-england.html?highlight=ehstevie
  12. I found MBNA very easy to deal with and they paid both interest and contractual interest.
  13. Co-op increased my wife's credit card limit to £9k over three years (starting from £2k) when she earned only £4k in a part time job. No checks on other debts or salary were completed. This is completely irresponsible - it would be easy for the banks to check her debt position as all the information is already reported monthly with Credit Reference Agencies.
  14. Halifax normally only do it if you claim from them twice. Good luck.
  15. If they are reputable then the work they would do for you is basically the same as you could do for yourself by reading up on some of the threads on CAG - i.e. they will check that the lender has correctly issued default notices and properly followed Consumer Credit Act legislation and Data Protection Act rules. If they are not reputable then they may simply take your cash and do nothing !!
  16. Hi Paying ..... Can I ask what type of tie in period is on the mortgage offers i.e. if you repay within the first year what level fo penalty do you have to pay ? Cheers
  17. After my high and mighty attitude in post 5, RBS have now responded to my S78 to advise that they cannot provide a copy of the agreement and "the current balance of 2.5k has been discharged and is no longer obligatory". This wasnt what I had set out to do (was originally looking for default removal). I'm not quite sure what to do now - any ideas ? Perversely RBS are saying that the default will be marked as satisfied under the terms of the CCA but this is rubbish as they have no agreement from me to process my data under the DPA.
  18. I dont think you are normally charged for a bounced cheque lodged to your account. The renewal fee is not a penalty so cant be claimed. Cheers
  19. Maria its great that you have won but suspect its by default as HBOS Plc didnt defend. What you are doing is akin to claiming against HSBC if your account is with First Direct (HSBC "own" First Direct) or claiming against RBS when your account is with Natwest (RBS "own" Natwest). If you have an account with BoS then all your statements, chequebooks and Bank cards etc will say somewhere on them "Governor and Company of the Bank of Scotland" - it is that entity you should claim against. I know what I am talking about here as I work for HBOS.
  20. My understanding is that unless you have a correspondence address in England then you cant claim through teh English system although there are ways around it. Have a read of the following post. http://www.consumeractiongroup.co.uk/forum/scotland/52551-claim-england.html?highlight=ehstevie
  21. Whoa....Maria why should the claim be against HBOS Plc ? If the account is with BoS then you should be claiming against BoS. Halifax and BoS have separate banking licences nd HBOS Plc is a holding company. If your account is with BoS then underlying contracts are with BoS and you should claim against BoS.
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