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    • Yes, I understand that but I thought, given that's a strong point, they might decide to discontinue and it might not go any further. Not that I'm bothered about going to court, it's just that I don't get anything out of it if I do. I propose a new rule. If the defendant wins, the claimant should have to award the defendant the sum of costs they were seeking. Which in my case is £140 thank you very much. Then it would be worthwhile and they might think twice about pursuing through the courts, lol!    😃
    • The Tories election campaign is basically whatever the Daily Mail and Express write about as concerns of the 'British people'.  The latest speech by Sunak about sick note Britain is the latest. Perhaps there needs to be a discussion on the mental health crisis that is stopping a large number of people from working.  When people are having to wait for months for a Mental Health assessment and then a very long time for any therapy treatment, then that is not going to help. The problem with many politicians speeches is that they identify problems, but when it comes to solutions that are going to cost billions, plus take many years to put into place, they shy away from the practical actions that would be required. Instead they will come up with some slight tinkering actions at a cheaper cost, that won't make much difference.  There are probably  hundreds of thousands of disabled people who would like to work, but many employers won't offer them employment as they are not willing to make the reasonable adjustments to make it happen. If the Government pledged to support employers financially with the costs that would be incurred, then I am sure we would see many more disabled people in workplaces.
    • yeah the outstanding balance is correct as I was already in a payment plan with hmrc up till about a year ago when they suddenly stopped taking payments from my bank so me being naive I just left it assuming they would get back in contact to resume payments but instead I got this letter.. I am just glad it won’t show on my credit file as I have only just got it to excellent   
    • I've had a look on their site to see if there is a way to download photos, but haven't found anything. The best thing is to send them a SAR on Monday.  Invest in a 2nd class stamp and get a free Certificate of Posting from the post office. That way they will have to produce the original invoice, a windscreen ticket if it exists, photos, etc.  
    • So today I’ve recieved a letter from J&P after a long time this time with forms attached to respond back about how much I can repay etc and that if I do not respond within 30 days court proceedings will apply   I had wrote to NBD bank to inform them of my new address and to resolve this matter last month, but I haven’t had any confirmation or heard back from them. Should I write to them again?
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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FRUITBAT v A&L - ***I WON***


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I have delayed sending Data Protection Act letter to A&L as I am in the process of opening another current account (wanted to have this set up first) - is it safe to start the ball rolling, at what point A&L will threaten account closure - help please. Want to make sure I do everything correctly as I believe I am owed about £5000 and don't want to jeopardise.

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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It appears that A & L don't threaten to close your account when you challenge the charges in writing, but once you start your claim & they settle, the letter accompanying the cheque threatens closure. A subsequent letter then tells you of the closure. Get in 1st - I closed my account on recipt of their cheque and prior to them closing it and it was very enjoyable announcing to a crowded branch on a busy lunchtime that I wanted to close all my accounts and the reason why!

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Thanks for that and good for you, what a buzz, my new account should be up and running in a couple of days and then I'm going for it big time - A&L have fleeced me for about £5000 over the past 6 years (how much over the 21 years I have had the account?)

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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Just been informed new account is now open so DPA letter currently being drafted and will send, recorded delivery, tomorrow. Here goes!!!

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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After a slight delay - awaiting new cheque book!! - finally sent DPA letter recorded delivery this morning. No doubt they have been inundated but 40 DAYS AND COUNTING.

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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Hi, Fruitbat.

It's a good thing you have your parachute account now. Take a look at The Holte41's and Lady Penelope's threads.

Seems they may no longer be waiting for claimants to actually start action against them; sending for your dpa may now be triggering retaliation.

Luck in your claim, dude. :cool:

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Hi younganfree, think that you're probably right about them closing account sooner than expected. A quick question if you or anyone else can help - I am expecting quite a large insurance cheque within the next couple of weeks - do you think it likely that A&L would keep some of the funds to clear my overdraft - am I best to ask for a cheque to be sent to me at home so I can bank it elsewhere? I can't bear the thought of the b******ds getting their overdraft back until I get my charges back!!

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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- I am expecting quite a large insurance cheque within the next couple of weeks - do you think it likely that A&L would keep some of the funds to clear my overdraft - am I best to ask for a cheque to be sent to me at home so I can bank it elsewhere? I can't bear the thought of the b******ds getting their overdraft back until I get my charges back!!

 

Who is the cheque being issued by? You should be able to ask for it to be sent ot you at home. If A&L are your insurer then there is no reason why it has be sent to your bank,and anyway insurance is to replace what you have lost, not to pay bills/overdrafts etc.

Consumer Health Forums - where you can discuss any health or relationship matters.

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gizmo111,

 

Have spoken to insurance company - cheque coming straight to the house (and straight into new bank account!!!).

 

Interested in your claims against mortgage companies - had to pay an early redemption fee of over £5000 to London Mortgage Company last year - I'll be eagerly watching your thread.

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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On checking the 2 and a half years worth of statements that I already have, it is possible that when I receive the rest of my statements, my claim could well be nearer to £10,000 than £5,000. I am a bit wobbly about claiming this amount as I can't see any threads where anyone has successfully claimed such a high amount. Should I just claim back to a date where the charges reach £5,000 and forget the rest or should I just go for it - really couldn't afford to go outside small claims track and end up paying lots of costs. In need of some realistic advice.

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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Hey, fruitbat.

Not sure on the answer to this one, but I have read of people 'splitting' their claim into chunks of less than the 5G limit.

Don't know whether this works for such a large amount as yours though?

Hang around, I'm sure someone who knows more 'n me will be along shortly with some proper advice!

In the mean time, don't do anything hasty - you're talking big money here, your money, so be sure you make the right decision on how to proceed. 8)

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Thanks younganfree, I know you're right and getting MY ten grand back would be a godsend (money always tight when you've got anklebiters). As it is a joint A&L account what do you reckon to me and hubby claiming half each. Would that be a possibility?

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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Thanks younganfree, I know you're right and getting MY ten grand back would be a godsend (money always tight when you've got anklebiters). As it is a joint A&L account what do you reckon to me and hubby claiming half each. Would that be a possibility?

 

I am no expert on this but I suspect thatyou make a joint cliam and seperate into different types of charges but you have tosettle on one to stop the bank merging claims and it being put onto the next court stage. (Fast track I think) alternatively you can claim for one lot of dats first eg 2000 - 2003 and then 2003 to 2006.

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 4 weeks later...

Postman arrived yesterday with a lovely, big, grey, recorded delivery package all for me - it was like birthday and christmas all in one. After 5 hours of highlighting, scheduling and calculating, claim appears to be in the region of £8300 (still waiting for statement dated 8.8.06 - will probably contain another £200 or so in charges). Have decided to press on with charges up to end May 2004 (£4704.25), and after I receive a big fat cheque will put in another claim for remainder. Is that the right way to do it? Wish me luck.

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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  • 2 weeks later...

Preliminary request sent on 14.8.06 and refused on 17.8.06. Bog standard computer-generated response. A&L's response times have been really quick and, even though the account is well over agreed overdraft limit (all of which is charges), I've still not been threatened with account closure (they obviously value my custom, NOT). As they have refused my request, I am assuming that I can now sent LBA without waiting for the 14 days to elapse? Can someone please confirm this for me pleeeease.

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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Yes, if they have replied to your prelim saying 'no' 'bog off' etc then yes you can move on to your LBA. Its only if they don't reply or have advised you they are looking into it and will reply again soon that you have to wait your 14 days.

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  • 2 weeks later...

LBA sent 23.8.06. Reply received 30.8.06 reiterating that they believe the charges are fair and in accordance with terms and conditions. No refund will be paid - yeah right!

 

MCOL will be filed next week (when funds permit).

 

Getting worried now - I'm bound to be THE ONE who ends up in court!!

 

 

FRUITBAT

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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don't worry fruitbat, even if they subtly or not so subtly threaten, including ackowledging your claim and saying they intend to defend it( usual tactic, see other posts too).

i've just had my claim paid. i went thru a longer process becos i tried to reason with them, thinking there must be a human face behind all the red tape right?

well, i got fed up when yet another lot of charges arrived and took them to court, and they have now settled about 21 days after saying they would be defending the claim.

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Thanks to everyone for their advice and words of encouragement.

 

I've just this minute been and gone and done it - I have filed the MCOL this very evening for a total of £5993.82. Fee of £250 will be sorely missed for the next couple of weeks but, as they say, "You have to speculate to accumulate".

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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  • 2 weeks later...

19.9.06 - A&L filed Acknowledgement of Claim with intent to defend in full. A&L's defence to be submitted by 18.10.06. NOT LONG NOW!!

CAPITAL ONE

Data Protection Act sent 29.6.06 - Acknowledged 3.7.06

Statements received 27.7.06

Initial request sent 31.7.06

LBA sent 14.8.06

MCOL filed 16.10.06

BARCLAYCARD

Data Protection Act sent 6.7.06

Preliminary request sent 31.7.06

Offer received 9.8.06

LBA sent 14.8.06 accepting offer only as part payment

ALLIANCE & LEICESTER (over 5000 - split in 2)

Claim 1

Data Protection Act sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

Request refused 17.8.06

LBA sent 24.8.06

MCOL filed 10.9.06

PAID IN FULL 6.10.06

Claim 2

DPA sent 17.10.06

IKEA

DPA sent 6.7.06

Statements received 9.8.06

Preliminary request sent 14.8.06

50% refund offered 20.8.06

AQUA

DPA sent 31.7.06

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well done fruit bat

important thing is to hold steady.

count down to the 28 day limit and see.

they ahve so far caved in before 28 days.

i think all the banks are waiting for the OFt decision on bank charges, and if the credit card decision is anything to go by, they will be found to be excessive, ie, they have overcharged unlawfully.

enjoy having your money back!!!

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