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    • Okay, have you ever sued anybody before? I can imagine that they will start off by trying to settle your claim out of court. Normally speaking if you refuse to accept their offer then you would be at risk of having to pay their costs even though you would win your judgement because the court would take the view that there was no point in going to litigation because everything you had asked for had been put on the table. However in this case, because first of all it would be a statutory breach – and secondly, because I would expect that the storage of your personal data would continue even after they settled, I think you would have a reasonable basis for continuing the action and the cost rules are that if there is a reasonable basis for refusing an offer and continuing the claim then the court can decide not to award costs against you. However it is a risk – albeit a very small one.
    • Let's go for it ! At no point have they spoken to me as the ombudsman had put in her findings the whole policy was controlled by the brother they haven't even completed basic data protection never spoken to me until the default notices started arriving  I gave them authorisation to speak to my sibling at that point as I had no idea what this policy was about  I'm happy to follow your lead @BankFodder
    • Okay this is excellent. This means that we have a pretty will open and shut case in terms of inaccurate data processing. I can imagine that this is an extremely distressing experience and by coincidence, breach of data protection rules is one of the very rare areas where you can claim against a data processor to recover damages simply for distress. I think that we can begin this campaign against Aviva by suing them under the data protection act. How does that sound to you?
    • I think that the letter you are proposing is not a good idea. You are presently occupying the moral high ground and not only do you want to keep the moral high ground but also you want to strengthen that moral position. Your letter is heading directly into confrontation and without giving any opportunities for them to reconsider their position. I know that they have had lots of opportunities already, but there is no problem with going an extra mile. You say that the letter I have suggested is "weak" – but actually you have misunderstood the letter. Your letter imposes extremely owners conditions and yet they are not at all unreasonable because basically you are simply asking that the whole thing be done and supervised by an independent third party. If they are confident about their workmanship and any proposed remedial action then they would be happy to do this. If they are not confident about it then they will object. Frankly I think that they won't accept the conditions and in that case you will be free to go ahead and issue of proceedings but you will be able to show the court that you have bent over backwards to accommodate them. There is no court at all which would criticise you for requiring supervision by an independent third party. Any judge would be puzzled as to why these builders refuse to accept a very reasonable condition which really is an attempt to mediate the situation, to assure that there is transparency in all dealings and to put an end to the dispute once and for all. Your ultimate goal is to get your patio sorted out to a proper professional standard. If they agreed to third-party supervision then this is what will happen – and if it doesn't, then you will have 1/3 party involved who will give their own professional opinion that the workers not been completed either on time or to a reasonable standard and this will give you enormous power if you then eventually go to litigate against them. I'm afraid that your proposal – which is to now refuse any opportunity to remedy the situation outside the court process and to reject the idea of independent supervision means that you are starting to deal with them in the same way that they deal with you – head-on and without any subtle diplomacy. Don't forget that at the end of the day, once the matter settled, you are going to have to find somebody else to address all the problems and to go through all that hassle of having to monitor the standards of some other building company – and without the benefit of third-party supervision. If Lords agree to your conditions (unlikely) then it means that you will be in a position where you have the work completed – subject to independent third-party supervision with no skin in the game and you can then be confident that it is going to be done to a satisfactory standard. If you simply sue Lords, then you are still left with a defective patio and when you put the work out to another firm of builders, there will be no possibility of independent supervision. By the way I'm amending the letter above to include a provision that in view of the defective workmanship which has been caused by them, they will pay the cost of the supervision. Frankly there is not a hope in hell that they will accept these conditions – even though they are extremely reasonable. That will leave you in a position where you can still proceed and issue your claim at the end of 21 days but you will have acquired a very substantial moral asset in your case against them. You need to look at the broader picture. It's really quite delicious.
    • @BankFodder yes that's correct I've never dealt with Aviva the details they've used are my name address and date of birth that's all they hold the rest is details of the sibling 
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Total refusal from Bcard, help!


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Hi,

 

 

I recently wrote to B'card asking them for a total of £240 which was made up of the £10 access cheque, 180-ish in charges 2001-2007, and the rest in 8% stat interest. They wrote back with a total refusal. What do I do now? Do i have to court to go or does a second letter do any good?

 

I have been through the procedure several times before with HSBC, Cap one, Halifax and Egg, but they all offered at least SOMETHING on the initial letter.

 

Any advice would be gratefully received!

 

Cheers

 

Ant

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Follow the steps on the sticky - wait for the 14 days from the first letter and then send the LBA.

 

14 Days after that, if no joy, proceed with court claim.

 

You can't actually claim the interest until you ahve filed your claim - would really suggest going through the beginners guide to claiming back bank charges and make sure you've understood everything and followed it step by step.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Have you sent them the LBA if not then do so :) Barclays/Barclaycard are reknowned for taking everything to the limit have a read through some of the threads in this forum it will give you a good idea of what you are in for :)

 

If you have sent them the LBA and their time is up then its time to proceed to court action

 

Hope this helps

 

Saint :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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