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surreyscouse
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Think you could get it in writing off them that they would not record a short payment.

 

Dont forget to add the other things up too........

 

all the coffe/Tea/Lucazade/etc consumed under duress writing the letters

petrol and wear and tear of tyres going to the sorting office for the concert tickets

 

The sleepless nights you are gonna have thinking what to do with 4k

(has to be worth a few boxes of Nytol)

Extra use of Electricity as you sit up watching the TV instead of sleeping ??

 

All adds up really..........rather like their penalties !!!

 

 

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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he did say that this would be recorded. I think I might be better going down the "I'm suing you for DPA breach route" and see what sort of response that gets. Surely I'm right in thinking it would cost them more than £4k to deal with the court summons and defend in court ?

 

 

Well look at it this way

 

What have you got to lose ????????????

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Well I think I kind of made that suggestion in my letter which they have chosen to ignore. I think they are trying to call my bluff on this one, I think I will send a stern fax when I'm back in the office on Wednesday giving them 7 days to sort their act out, if nothing by then I will issue the summons.

 

The end of their letter said that there will be no more reductions on the balance (did not mention why) and said I am free to take whatever action I want under current legislation. I will read it properly later but that is a "come on, let's have it" sort of comment !

 

It was raining heavily this morning so I put on my shell suit jacket that I wear for playing footy, so I have some proper Scouse attitude today ! :x

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Well I think I kind of made that suggestion in my letter which they have chosen to ignore. I think they are trying to call my bluff on this one, I think I will send a stern fax when I'm back in the office on Wednesday giving them 7 days to sort their act out, if nothing by then I will issue the summons.

 

The end of their letter said that there will be no more reductions on the balance (did not mention why) and said I am free to take whatever action I want under current legislation. I will read it properly later but that is a "come on, let's have it" sort of comment !

 

It was raining heavily this morning so I put on my shell suit jacket that I wear for playing footy, so I have some proper Scouse attitude today ! :x

 

 

 

bigeek.gif

 

 

 

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As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

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erm ,,,,,,,,,,,,,,, what ?

bigeek.gif

 

Take your pick...

 

shell suit jacket

 

bigeek.gif

 

proper Scouse attitude

 

bigeek.gif

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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Hello guys, sorry for delay in coming back, been away from a computer since last week, anyway, here is the fax that will go off a little later this morning,

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

 

Dear Sirs

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

I am in receipt of your letter signed by Stuart Johnson dated 23rd May 2006 and duly noted your comments.

 

Despite making reference to my email dated 23rd May 2006, Mr Johnson has completely omitted to make any reference to your obligations under the data protection act, which have quite clearly not been maintained.

 

I faxed you on 16th May 2006 informing you that you had a period of 7 days to consider your companies position before I issue court proceedings to recover costs and damages directly due to your breaches of the data protection act.

As Mr Johnson has not addressed this issue at all, and the file notes that I have received, albeit incomplete, clearly show that the data protection act has been breached, I am prepared to allow a period of seven days from the date of this fax for you to consider your position further.

 

Should I not receive any meaningful dialogue from your company at this time relating specifically to this issue, I will have no alternative other than to issue proceedings without further notice to yourselves. This deadline will expire at noon on 7th June 2006.

 

I am formally putting you on notice that should this matter have to be resolved in court, you will be required to explain exactly how your penalty fees are broken down and full details of how my personal information is used and stored and full explanations of your companies breaches of the data protection act.

Yours faithfully,

surreyscouse

 

 

 

Any views ?

 

 

 

 

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Bet you will have more phone calls.

 

Also I bet they needed the Bank holiday !!

 

he he

 

:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Good Luck surreyscouse.

 

Given the choice between signing up with MBNA again or contracting a severe strain of genital wart then I'd seriously consider taking the latter!

 

Worz

I used to be a dummy, stuffed full of straw and standing in the field of life. And like the straw-filled dummy I was I accepted my lot in life and carried on, tied to a stake in the miserable field of depression as the elements beat me day and night. But there came a time when the elements had gone too far and the string holding me to the stake fell rotten to the ground. The elements had tried to beat me, but instead had set me free!

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Already had both !!!!!!!!!!!!!1 :D:p:):eek:

 

No seriously though, just the dealing with MBNA is all I have had !

 

Good to see you back! Had no-one to stalk!!!:o

 

Good luck with the fax, can't wait to hear what happens!:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

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Maybe they are waiting for more Valium ???

 

 

:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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All the valium in the world won't help this lot !

 

Emailed Gavin Theobald this morning to check they got my fax. I know they did but I'm just toying with them now !

 

Thats not like you SS !!!!!

 

eusa_whistle.gif

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

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As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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They are probably extremely busy men today!!!

 

I can imagine DO NOT DISTURB signs hanging on every managers doors.

 

Bet theres been lots of customers appointments cancelled too as they quivver discussing the implications of the OFT !!

 

Do you think the bank staff will put off their requests for a payrise now ??

 

lol

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I did read somewhere that one bank did tell it's staff not to expect pay rises this year but a larger than usual one next year, but I can't remember who. Definately not this bunch of clowns, they will just find another way of going through our pockets !

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Jeez, what are this lot like ?

 

received a letter on Saturday 3rd June from Rachel Claridge advising me I will have a response within 28 days, do they not realise that I gave a 7 day deadline which expires on 7th June. Her letter says any queries then to contact Gareth Tunnicliffe on 01244 672628. Ah Well, best give him a call this morning and make sure he is aware of the deadline, see what he says !

 

How are we all today ?

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You are much better to stick to letters then phone calls but if you do feel you need to phone then record the call.Do not let them dictate to you this is your claim and your terms.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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point taken,

 

Here is the email just sent:

 

Good morning Gareth,

Please extend my thanks to Rachel Claridge who responded to my fax of 31/05/2006 so promptly. I received her standard reply on 3/6/2006.

Unfortunately, Rachel has given an indication of 28 days for you to respond. You will see from my fax that I have already extended my deadline to noon on 7/6/2006 at which time a summons will be issued unless agreed to the contrary under extreme circumstances.

I felt it would be prudent and courteous to point this out now so as to avoid any confusion.

Kind regards,

surreyscouse

 

He has already read it so let's see what he says.

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Ok Guys, brief update.

 

I received a letter yesterday saying account over limit and in arrears. Well, I spoke to Gareth Tunnicliffe (nice enough guy) who said that 2 x £25 had already been credit and £250 + £260 still waiting to be credited even though it was a few weeks ago they said it would be refunded. He said this could show in the next day or two and that will bring the amount well under the credit limit. I said it should also clear the arrears and he said no it probably won't. I pointed out that indirectly I have paid some of the charges and as such it should count towards the minimum payments. He will check and come back to me.

 

On the DPA breaches, he said a letter will be coming out to me in the next few days. He bought this up not me. I pretty much said yeah whatever as long as you are aware that at noon tomorrow the summons gets issued. He did say he would try and get it out tonight or he could fax it (I will give him the fax number if needs be). I did tell him that unless there is some fantastic news in their letter then it probably is most likely that a summons will be issued anyway.

 

I don't think they realise the consequences of not sorting this out. I will put them to rights in court for breaching 3 or the 8 DPA principles and countless other sections of the act. This will cost them a fortune if they even try and contest it !

 

I will let you know how me and Gareth get on later.

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