markt v Halifax

[mechs]

use the standard template SAR request and ammend accordingly to state its for your mortgage

[markt]

i have already sent my S.A.R - (Subject Access Request) and paid my £10 for all accounts. they have replied saying they want £15 for each statement and they are now in breach of Data Protection Act.

 

telephoned them this morning and got a very jobsworth woman who then cut me off. so i sent them this ....

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxxxxxx

You have failed to comply with my Data Protection Act Subject Access Request dated 28th June 2006. This does surprise me as I have received my statements from your banking side, credit card side and loan side and all over the same period.

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

[markt]

what do i put as particulars of claim.

 

its on a mortgage account if that helps.

 

i read this

 

You must show the court that:

 

If the charges are to pay for the cost of transgressions that they exceed that and are disproportionate contrary to common law and consumer legislation

 

Or

 

If the charges are the price of a contractual service then the price exceeds what is reasonable as required by S.15, Supply of Goods and Services Act 1982

 

and so do i just say blah blah unreasinable charges under s.15 of supply of goods act 1982

 

thanks

[maddyrose1664]

My actions are on the grounds that:-

I have a contract with xxx dated from

xxx which is conducted on their

standard terms and conditions. I am

claiming the return of money taken by the

defendant in the way of charges over the

last 12 months plus the interest they have

levied on those charges. The bank's charges

are a disproportionate penalty and therefore

unenforceable as they are contrary to common

law. Further, as a disproportionate penalty

they are invalid under the Unfair

(Contracts) Terms Act 1977 s.4 and under the

Unfair Terms in the Concumer Contracts

Regulations 1999. Para.8 and sch.2(1)(e).

In the event that the charges are not a

penalty then they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15.My calculation is that the

xxx have taken £xxx, including

interest from my account. I would also like

to claim interest at 8% APR, (£xxx to

date),0.0219178 per day and court costs.

 

 

This is what I have put in all my claims. It may need adapting slightly as it's a mortgage account.

 

Hope this helps.

[markt]

i really appreciate your help thanks!!! here goes

[markt]

how do you work out the daily cost ?

 

thanks

[maddyrose1664]

It's this 0.0219178. 8% APR divided by 365 days.

[markt]

does anyone have a pro forma as to the acts etc im claiming about. i want to get it right.

 

do i attach anything to prove claim or interest?

 

thnks for any help

[Clarky]

hi markt!!! (same name as my hubby ha ha)

 

r u planning on doing your claim via mcol or at your local court???

 

clark xx:p

[bearo]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/634-5-guide-notes-completing.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

these links will bring you to the Bank Templates Section and everything you need to know is within them first is MCOL way and second is county court way, any further help needed just shout!

[markt]

thanks guys ... fingers crossed ... done SMPL and Halifax today