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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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Barclaycard wanting £3 per statement, not budging on this


lauraw78
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They are not budging on this even though I stated the dpa to them, they responded 'As advised earlier, I must inform you that we levy a charge of £3.00 per copy statement.' So where do I go from here, do I just go ahead with a claim, or write them a letter first asking for x amount back?! I have no idea how much they have charged me but Im guessing its around the 1000 mark.

Any help will be hugely appreciated.

Laura

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The question of copy statements has arisen before - in the LloydsTSB forum and it was established that staements are not part of the file. However transactions and charges are part of the file and must be disclosed under DPA. Getting only copy statements does not get recods of manual intervention

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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The question of copy statements has arisen before - in the LloydsTSB forum and it was established that staements are not part of the file. However transactions and charges are part of the file and must be disclosed under DPA. Getting only copy statements does not get recods of manual intervention

 

I know this is about barclay card and not a barclays current account, can anyone explain to me what manual interventions are? i have just requested all my bank statements for the past 6 years from barclays and have paid £5 for them to be sent to me. Are the bank statements not enough to start sending letters to claim the money they owe me?

 

Many thanks in advance for any information I recive and thanks for such a great site!

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In a recent interview a banks' spokeman claimed that charges were so high because 2 people had to intervene in the case of refused D/Ds etc. OK, so prove it.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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The question of copy statements has arisen before - in the LloydsTSB forum and it was established that staements are not part of the file.

 

I found this in the FAQ which would suggest that statements are part of the file and covered by the DPA

 

Q. The trouble is that I don't remember what they have taken from me. I'm not very good with my paper and I don't have my statements any more OR I was troubled about ID theft and I shred my statments after looking at them and therefore do not know the amount I have been charged, how can I find this information?

A. You can apply to your bank for copy statements going over as long as you need. You can make an offical request under the Data Protection Act (1998) - you need to make the bank aware that you are making this request under the DPA. They then have 40 days to comply with the law. If they state that bank statements are not covered under the act, point them at the Durant v FSA case, in which the judge ruled that bank statement information is 'personal' information and thus covered under the Data Protection Act.

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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This is the relevant quote:

 

quote="BankFodder"]Dave found this on another forum:-

 

per homer_j

 

I have just had a phone call from the Yorkshire Bank Data Protection Advisor and he has backed up phone call that I cannot claim my bank statements through a DSA and that there was a meeting in DEC05 between the ICO and several banks, which gained clarification to this matter. The ICO were adament that bank statements were not covered under the DSA.

 

So just called the ICO and they have confirmed the following:

 

 

No further guidance on this has been issued following the durant vs fsa case. What may be the issue is that we are asking for bank statement copies. He recommended that we be more specific to requesting the list of transactions and charges as these are certainly covered.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Thanks for the advice, I have taken that on board and sent them another email, will let you know how I get on =)

 

I think that you will have to abandon emails here and send them a DPA letter from the library with the money and sent special delivery

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Thanks for the advice, I have taken that on board and sent them another email, will let you know how I get on =)

 

I think that you will have to abandon emails here and send them a DPA letter from the library with the money and sent special delivery

 

ok, I will do that as well. Big thanks to you for all the excellent advice you are giving everyone on here, I have let all of my friends and family know whats happening here so thanks from them too =))))))

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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