kippax v shabbey

[kippax]

Thanks to the help over the last couple of days on here I've now taken the plunge.

 

Total claim over three accounts for the last 6 years is just short of £1K.

 

Intend to post my preliminary letter this morning RD.

 

One question. I've kept all my statements so no need to apply for the full Data Protection Act thingy. However following advice on the General board I am amending the standard letter to read as simply a request for a list of manual interventions.

 

I'd appreciate it if somebody would just cast an eye over the proposed letter and would welcome any comments.....

 

........ well I would if I could copy n paste the text from my doc into this box...... why won't it let me do it ?

[kippax]

OK an update....

 

Sent out my Data Protection Act letter 14/7. I amended the template as I had no need of the statements, just evidence of any manual interventions. Enclosed my £10 cheque.

 

Also sent my Preliminary letter similtaneously.

 

I sent out a single letter in each case to cover both accounts.

 

Received acknowledgement of both this week.

 

In the case of Data Protection Act, they completely ignored the content of the letter and just blabbed on in the replies (1 for each account) about the....

 

"statements...microfiche... blah...blah...blah"

 

With regard to the manual interventons they state that they are unable to help because....

 

"we consider 'manual intervention' to mean an action that is not automatic or computer driven. Not all manual interventions are recorded, for example if a member of stafflooks ata paper document relating to your account, a record is not always required. Similarlysome intervantions may relate to work carried out by a department rather than individuals where no central record of activity is kept because this is not the kind of information we need, or more importantly, that a customer would usually request"

 

So can I assume, that as they are unable to produce them upon my request... then it will similarly not be available were they asked to provide evidence in court ?

 

The reply to the Prelim Letter simply expresses their apologies that I feel I have the need to complain. No reference to the circumstances.

 

They enclosed a "How to Complain" leaflet and said that I would be contacted within 40 days in relation to my complaint once they have undertaken a "thorough investigation".

 

 

So......... I gather I press on and send my second letter this weekend ?

[kippax]

Well I don't need the statements..... I have over 10 years of them.. COMPLETE !

 

So as I undrestand it, the SAR letter was just an opportunity for them to demonstrate that the £30 "cost" could actually be justified. They declined to do that, but any court judge should now be happy that I gave them the chance.

 

Now I just go for it with the LBA this weekend as the 14 day Prelim Letter deadline will have passed.

 

Unless anybody advises me different.

[kippax]

Yes thats completely right - I must have misread your previous question....

 

Send the LBA with your schedule of charges.

 

And I don't include the additional 8% yet do I ?

[kippax]

and as a final indication of just how much they pay attention to what we ask of them.....

 

The £10 cheque that I enclosed as payment for the data relating to manual interventions........

 

Well they asked me to ring if I didn't want them to use it against the cost of providing the statements. When I rung to tell them "NO".... I discovered that they had already cashed it.....THE DAY BEFORE THEY SENT ME THE LETTER.

 

 

LBA will now be sent this weekend.

[kippax]

OK an update.......Gone through the letters process and received nothing other than the standard "4 week stalling" letters.

 

I am now completing my case on moneyclaim.

 

I have included the standard text found on here along with the additional text for claiming interest.

 

Couple of questions....

• Do I simply divide 8 by 365 to get the daily rate of interest ?
  
• Should I be including the account numbers within this text ?

Cheers in advance..

[kippax]

Just by way of a bump to get the above questions answered, and a further update.

 

My accounts this morning reveal refunds of approx £250 in relation to "misc charge refunds"...... a sweetner ?...... and they gave me no indication that they were going to do this.

 

Still it only represents about 25% of my claim so I'll add the credits onto my spreadsheets and carry on.

 

...... the questions above....

 

I've read a few threads that suggest the "daily rate" should be a fixed figure in pence rather than a %age interest rate. How should I calculate this ?

[kippax]

bump..... please help :?

[kippax]

Please please....help .....