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    • I was trying to post all the paperwork that I have, namely facebook ad, messages between the seller and my son etc . But I'm getting the message that the files are to large. 
    • First of all please can you tell us the name of the seller, something about the van – age/year, mileage, price paid. How far away is the seller from where your son lives? Who do you take it to for this inspection? Are they prepared to give you a written list of the things that they found? This is very important and you may well have to get an independent inspection from somebody such as the AA. This will cost you some kind of feedback we expect that we will be able to help you get it back. I would say that if you have to bring a court claim – which is likely – then your chances of success are better than 95% but the difficulty might be enforcing the judgement against the seller. We will have to no more in order to give you better advice. Does it have an MOT? What is the date of it and who gave it the MOT? I suggest that you start taking pictures of all of the defects that you can find.   Also I am going to say that I believe that you came over from Facebook where you were already informed that we would need at least all of the information which I have requested above. It will save a lot of time and effort for everybody if you can simply come up with the things that we ask without too much delay
    • My autistic son brought a van from a private seller. ( there was 5 other cars on his drive and another van, plus loads of machanic tools in his hallway,  so he probably is a unofficial dealer).  He gave the van a once over, he checked for any warning lights that might be on, there was none. He checked underneath for any rust etc, it all looked fine. The body was rough, but you'd expect that for the age of the van.  He got his brothers machanic to give it a pre mot check, as the van was old so he expected it to have a few problems. The van is a deathtrap, the seller had blacked out all the warning lights that were on the dash,  and I mean all.  He had also painted some kind of black stuff on the underside, to hide all the damage there.   My son drove it for over 2 hours to get it home. The machanic said he's surprised my son is still alive, and an untrained eye would not of seen what the seller had done.  Iv asked the seller for a refund and for him to have the van back, but he is refusing. Is there anything we can do.   
    • The economy grew by 0.6% in the first three months of the year, ending a shallow recession.View the full article
    • First of all it sounds as if your retailer is very decent and very responsible. This itself is unusual in these kinds of circumstances and I think we need to bear this in mind. The guarantee is not particularly relevant and in fact the dealer had a statutory duty to exercise a certain responsibility for your computer – probably for several years as their obligation under the consumer rights act. The dealer may not have known this and it simply acting out of a sense of moral responsibility and that is even more noteworthy. You've already suggested earlier that you didn't really want to cause problems for your retailer. I think that you will need the help of your retailer as well in order to get information and evidence. I suggest that you proceed against DPD – but before you do that – I suggest that you have a discussion with the retailer. Tell them that this is what you are going to be doing and you would like to have a copy of anything they have which relates to the special instructions which apparently your dealer has already informed you about in relation to where item should be left. Secondly, maybe you should tell your dealer about this site and also about this thread. I can imagine like many dealers who are frequently sending items by means of couriers, they have had things go missing. Tell them that we will be very happy to help them recover money for lost or damaged or stolen items – and that is regardless of whether or not they have purchased insurance. Apart from being very pleased to help your dealer recover items which have been lost by irresponsible parcel delivery companies, I think we need to encourage the complicity between you and them so they will be pleased to support you in your claim against DPD. It will be helpful if you can get a copy of the instructions that you have referred to above, and also if you can get some written evidence of your own instruction that your laptop should be left in a safe place. Have you done the reading on this sub- forum? You will need to do lots of reading of many of the similar stories on this sub- forum. They won't necessarily be against DPD but the principles will broadly be the same. Also read the pinned topics at the top of the sub- forum in order to understand many of the principles involved. Getting your money back but be quick – but your chances of success are better than 90% that you can bank on it taking anything up to a year. Have you got anything in writing from DPD either refusing you or telling you that they won't discuss with you?  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Suz V Abbeysharks


leighsuz
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come on suz getta a grip talk to me otherwise the kia suz thread is drying up and youve gotta stay with it tell me how your getting on with scabby have you written letter yet first one that is estimate it there taking too long you must know roundabout how much each month you were charged alot of this is pure guesswork but better that than waitingn for non existant statements to arrive when theyve no intention of sending them.Talk to me mate

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Hya sorry not around much at mo... Have had the week from hell, relationship split up and everything else going wrong just to add to the turmoil. And to top it up new statement for this months shows they intend on taking a further £175 in charges off me again in cpl of wks! I will get a grip Kia, I will just have to learn to be thicker skinned lol.. Just have to pick myself up, brush myself down and get on with it all again.. will sort out the letter with estimates tonight.. I promise!

Suzie xx

28th July 06 - Data protection request taken into ABBEY branch with £10 cash... clock's started ticking!

05th August 06 - Microfiche arguement letter sent... In reply to first letter from Pam Speed, received from her this morning.

 

 

***I will gladly be donating 5% to this site!***

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can i have a copy of the microfiche argument letter please. i've been searching the site and cant seem to find it.

 

thank you.

Me v NatWest £1.5k settled after Disc App

Jo v Barclaycard settled after Disc App

Jo v Cap 1 settled after Disc App

Jo v Abbey Disc App sent to court

Jo v Natwest cag3 let due

Nikkii v Barclays judgement in default against Barclays

Nikkii v B’card directions returned

Nikkii v Natwest settled

Laura v Lloyds – directions & aq sent

Luke v Lloyds – AQ & directions sent to court

Mark v Halifax – settled

Liam v A&L settled

Liam v Lloyds part settled - still going

Vanya v RBOS, CAG 3 let sent

Vanya v RBOS Awaiting statements

Vanya v Virgin issue on 30/03

Carl v Natwest settled

Dean v Barclays – disc app issued

Dean v B’card – disc app issued

Dean v Cap 1 – awaiting statements

(another 5 files that won't fit) busy me!

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hya kirstypops

I think by the 'normal route' they ment to simply ask without the dpr.. just another stalling tactic I think... tough.. didn't work... 39 days and still counting! good to see there's more like me... good luck with your claim too! go get em!!

suz

 

Maybe I'm jumping ahead of myself as not read all your thread yet but wouldn't the normal route cost a hell of a lot more too? Still trying to get us to part with our money - even when they now you're about to claim it all back!

 

Best read the rest now!

 

Rach x

My thread: Rachael v Abbey Starting today 30 Aug

 

31 Aug: Took S.A.R - (Subject Access Request) to branch directly to save on date issues.

 

Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

<a href="http://www.consumeractiongroup.co.uk"><b><font color="#FF0000" face="Verdana, Arial, Helvetica, sans-serif">The Consumer Action Group</font></b></a> - <font color="#FF9900" face="Verdana, Arial, Helvetica, sans-serif">Reclaim your Right as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.</font>

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Ok I'm back... Right, to date Abbey have received my data protection requst for statements, giving them 40 days to comply and those 40 days run out today! I'v received 15 months statements and a letter about the microfiche nonsense.. I replied to thier microfiche apology with a copy of the microfiche arguement letter found here.... Two wks later I received the infamous "sorry you are not happy letter"... Nothing since! not a sausage! no statements, no mail, no nothing... I now send off the noncomplience thingy yes? Please help someone as Ive got a lot of problems hitting the fan here at home and my consentration is a bit blonde at the moment to say the least.....

Kia I have to be honest, not even had time to attempt the spread sheet yet.. How are you getting on with it? is your brother still helping you?

 

Suzie x

28th July 06 - Data protection request taken into ABBEY branch with £10 cash... clock's started ticking!

05th August 06 - Microfiche arguement letter sent... In reply to first letter from Pam Speed, received from her this morning.

 

 

***I will gladly be donating 5% to this site!***

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the information commissioner letter for non compliance is ok but they are notoriously slow and even once they had contacted natwest on my behalf, i still didnt receive all of my statements. the only thing that's worked is issuing an Application for Pre-Action Diclosure (N244) at court. the plus side is they will also be responsible for your costs.

 

i have a template if you're interested. it's a £65 issue fee though.

 

obviously this is just me sharing what i have done in order to make my bank comply. if you want to consider this course of action then i would advise you to research it fully.

 

good luck

Me v NatWest £1.5k settled after Disc App

Jo v Barclaycard settled after Disc App

Jo v Cap 1 settled after Disc App

Jo v Abbey Disc App sent to court

Jo v Natwest cag3 let due

Nikkii v Barclays judgement in default against Barclays

Nikkii v B’card directions returned

Nikkii v Natwest settled

Laura v Lloyds – directions & aq sent

Luke v Lloyds – AQ & directions sent to court

Mark v Halifax – settled

Liam v A&L settled

Liam v Lloyds part settled - still going

Vanya v RBOS, CAG 3 let sent

Vanya v RBOS Awaiting statements

Vanya v Virgin issue on 30/03

Carl v Natwest settled

Dean v Barclays – disc app issued

Dean v B’card – disc app issued

Dean v Cap 1 – awaiting statements

(another 5 files that won't fit) busy me!

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sounds a little complicated espicially if your struggling with spreadsheet you need someone computer savvy like me bruv but well try and help you me printer decieded now its gone on holiday as well great stuff!!!so cant print anything yet also not checked out whether i can get away with no court fees as on benefits nowing my luck itll probably be a no i forgot all about it dohh!!

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Hya Melanie... Yes please, can I have a copy of that template for the N244..

Much obliged

Suzie x

28th July 06 - Data protection request taken into ABBEY branch with £10 cash... clock's started ticking!

05th August 06 - Microfiche arguement letter sent... In reply to first letter from Pam Speed, received from her this morning.

 

 

***I will gladly be donating 5% to this site!***

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I can't put the three documents on the thread. do you have an e-mail address or fax that i can send them to please. i also have a template of teh letter i sent to teh court if you want this too.

 

just to let you know that im not legally qualified but the person who drafted my documents is. can't guarantee it will work but it is working for me.

Me v NatWest £1.5k settled after Disc App

Jo v Barclaycard settled after Disc App

Jo v Cap 1 settled after Disc App

Jo v Abbey Disc App sent to court

Jo v Natwest cag3 let due

Nikkii v Barclays judgement in default against Barclays

Nikkii v B’card directions returned

Nikkii v Natwest settled

Laura v Lloyds – directions & aq sent

Luke v Lloyds – AQ & directions sent to court

Mark v Halifax – settled

Liam v A&L settled

Liam v Lloyds part settled - still going

Vanya v RBOS, CAG 3 let sent

Vanya v RBOS Awaiting statements

Vanya v Virgin issue on 30/03

Carl v Natwest settled

Dean v Barclays – disc app issued

Dean v B’card – disc app issued

Dean v Cap 1 – awaiting statements

(another 5 files that won't fit) busy me!

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here's a part of the template to the statement that goes with the N244:

 

1 Claimant: [your name]2 Statement on Behalf of Claimant

3 Statement Number One

4 Exhibits – [iNITIALS & No]

5 Dated [date]

IN THE LEICESTER COUNTY COURT

Claim No:

BETWEEN:-

[name]

Claimant

and

[bank]

Defendant

 

WITNESS STATEMENT OF [name]

I [name], of [address] will say:

1 My date of birth is [ ],

2 I make this statement in support of my Application for Pre-Action Disclosure of statements and documents relating to my account held with the Defendants between [date] and [date/to present date].

3 On [date] I wrote to the Defendant requesting a complete list of transactions and charges relating to my back account held with the Defendant from [date] and / or a complete set of bank statements for the period since [date]. I attach a copy of my letter to the Defendants dated [date] at exhibit “[initials & no”.

4 My request for the documents detailed in my letter of [date] was made in accordance with the Data Protection Act 1998 and included the statutory maximum fee of £10.

5 The reason for the request under the Data Protection Act 1998 was that I believe that the Defendants have levied disproportionate penalties against me during the period of the account and I wish to reclaim these disproportionate penalties.

6 Under a request under the Data Protection Act 1998 the Defendants had 40 days in which to comply with my request.

7 I enclose a copy of my current bank statement at exhibit “[jnitials &no]” which shows that the £10 statutory fee which was paid to the Defendants was banked on [date].

8 The period for disclosure of the documents that I have requested from the Defendants has expired and the documents requested have not been disclosed to me.

9 I confirm that this Application is made pursuant to CPR 31.16.

10 I can confirm that despite my chasing correspondence to the Defendants at exhibit “[initials & no]” and the requests made for disclosure of the documents that no response has been received from the Defendant.

11 The documents requested are required prior to the issue of proceedings for recovery of disproportionate charges so that I am able to fully quantify my claim.

12 I further submit that this Application is entirely proportionate in all the circumstances.

13 I also seek an order that the Defendant pay my costs in relation to this Application which have been raised due to the Defendant’s unreasonable refusal to provide these documents further to my request under the Data Protection Act 1998 and bearing in mind they have already banked the statutory fee required.

14 I seek an order of the form of the draft attached.

The order that goes with it is:

 

IN THE [TOWN] COUNTY COURT

Claim No:

BETWEEN:-

[NAME]

Claimant

and

[bANK]

Defendant

 

DRAFT ORDER

 

Before District Judge ……………… sitting at [ ] County Court on day of 2006

It is hereby ordered that:

1 The Defendant do disclose to the Claimant all bank statements for account number [ac no] sort code [s/code] since [date] until the present date within 7 days of the date of this order.

2 Disclosure of any indication or notes which have either caused or resulted in the manual intervention, or other evidence of manual intervention in relation to the Claimant's banking business with the Defendant within 7 days of this order.

The Defendant do pay the Claimant's costs of and incidental to this Application.

Dated this day of 2006

To: The Defendant and District Judge

Me v NatWest £1.5k settled after Disc App

Jo v Barclaycard settled after Disc App

Jo v Cap 1 settled after Disc App

Jo v Abbey Disc App sent to court

Jo v Natwest cag3 let due

Nikkii v Barclays judgement in default against Barclays

Nikkii v B’card directions returned

Nikkii v Natwest settled

Laura v Lloyds – directions & aq sent

Luke v Lloyds – AQ & directions sent to court

Mark v Halifax – settled

Liam v A&L settled

Liam v Lloyds part settled - still going

Vanya v RBOS, CAG 3 let sent

Vanya v RBOS Awaiting statements

Vanya v Virgin issue on 30/03

Carl v Natwest settled

Dean v Barclays – disc app issued

Dean v B’card – disc app issued

Dean v Cap 1 – awaiting statements

(another 5 files that won't fit) busy me!

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Thanks for that Melanie... Will download that tomorrow xx

28th July 06 - Data protection request taken into ABBEY branch with £10 cash... clock's started ticking!

05th August 06 - Microfiche arguement letter sent... In reply to first letter from Pam Speed, received from her this morning.

 

 

***I will gladly be donating 5% to this site!***

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you still need the wording for the application notice. i can't copy the form and post it on the website but could fax or e-mail a scanned copy to you. if you get hold of the form, i'll tell you what i put in each section.

 

im afraid it may not make much sense if i just paste the sections online

Me v NatWest £1.5k settled after Disc App

Jo v Barclaycard settled after Disc App

Jo v Cap 1 settled after Disc App

Jo v Abbey Disc App sent to court

Jo v Natwest cag3 let due

Nikkii v Barclays judgement in default against Barclays

Nikkii v B’card directions returned

Nikkii v Natwest settled

Laura v Lloyds – directions & aq sent

Luke v Lloyds – AQ & directions sent to court

Mark v Halifax – settled

Liam v A&L settled

Liam v Lloyds part settled - still going

Vanya v RBOS, CAG 3 let sent

Vanya v RBOS Awaiting statements

Vanya v Virgin issue on 30/03

Carl v Natwest settled

Dean v Barclays – disc app issued

Dean v B’card – disc app issued

Dean v Cap 1 – awaiting statements

(another 5 files that won't fit) busy me!

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i'm not more intelligent at all! i just work with people who know how the legal system works and they've helped me during my claim. this is something that you must research yourself a bit first before doing what i have done as i am not legally qualified. you're more than welcome to see the wording of the letters and documents i used.

 

i will never forget the 45 minute telephone conversations i had with natwest begging them not to put the charges on that month as i could not afford it and getting nowhere. i am really pleased that people on this site are getting theirs back!

 

good luck and let me know if you ever need a hand x

Me v NatWest £1.5k settled after Disc App

Jo v Barclaycard settled after Disc App

Jo v Cap 1 settled after Disc App

Jo v Abbey Disc App sent to court

Jo v Natwest cag3 let due

Nikkii v Barclays judgement in default against Barclays

Nikkii v B’card directions returned

Nikkii v Natwest settled

Laura v Lloyds – directions & aq sent

Luke v Lloyds – AQ & directions sent to court

Mark v Halifax – settled

Liam v A&L settled

Liam v Lloyds part settled - still going

Vanya v RBOS, CAG 3 let sent

Vanya v RBOS Awaiting statements

Vanya v Virgin issue on 30/03

Carl v Natwest settled

Dean v Barclays – disc app issued

Dean v B’card – disc app issued

Dean v Cap 1 – awaiting statements

(another 5 files that won't fit) busy me!

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  • 3 weeks later...

Hya everyone... So sorry for vanishing on you all for so long.. House move went totally pear shaped, and then I started new job with long hours, had a few days in hospital and still have to finish the redecorating here... I have to buy a new ink cartridge for the printer so I can print off the 'jog on' letters to Abbey LOL... will update you asap..

Kia.. Promise I'm feeling much better now, have just needed to slow down a wee bit lol.

Karny this girls back at last... watch this space! ps.. congrats on the promotion since Ive been away, from site helper to mod! thumbs up ;-)

28th July 06 - Data protection request taken into ABBEY branch with £10 cash... clock's started ticking!

05th August 06 - Microfiche arguement letter sent... In reply to first letter from Pam Speed, received from her this morning.

 

 

***I will gladly be donating 5% to this site!***

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