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Letter going off today. On the 25th February 2008 I received a letter advising that I was in an unauthorised overdraft position and if I failed to comply with a balance reduction plan the bank may demand full payment of the outstanding balance. On the 21st August 2008 I was served with a statutory termination notice pursuant Section 76(1) and 98(1) Consumer Credit Act 1974 stating that on 05th September 2008 the bank was to terminate the agreement. It is accepted that if a person fails to settle their account after receiving a termination notice the bank is entitled to register a default on the their credit file. However, instead of registering a default the bank registered the account as a status 6, which shows that payments are 6 months in arrears. The ICO’s Technical Guidance on filing defaults with credit reference agencies states that. A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default. The filing of a status 6 instead of a default meant that damage to my credit status was not just restricted to 6 years, the damage continued and consequently both myself and partner have had applications for credit rejected. The bank has admitted that had it followed due process and registered a default the same would have fallen of my credit file in 2014. I therefore allege that the bank negligently filed incorrect data with the credit reference agencies, the consequence of which has resulted in damage to my credit status/worthiness and reputation. The damage has extended to my partners credit status by association. The processing of my data is neither fair nor is it accurate. The bank has breached the First and Fourth Principle of the Data Protection 1998, the First and fourth Principle GDPR (2018 DPA). The bank has been negligent, failed in its duty of care, failed to to abide by the FCAs principle 6, “treating customers fairly”, and has disregarded the ICO’s technical guidance on filing defaults with credit reference agencies. In order to satisfy my grievance and pursuant Article 17, 82 GDPR respectively, I require the immediate erasure of the incorrect data on my credit file and compensation for the damage the same has caused as outlined above. Yours Sincerely -
By BankFodder · Posted
Thank you for giving us this update. Many people don't bother. I hope that the mediated settlement was satisfactory to you. Are you able to disclose what it was? And thanks very much indeed for the donation. We need everything we can get. -
By thebeehive · Posted
Dear Consumer Action Group, thanks so much for all of your help. The claim went to mediation and some of the points that you raised in discussion earlier in this conversation (i.e. that the text message constitutes an amendment to an existing contract) were particularly helpful and we negotiated a settlement through the mediation service of the courts. Donation to support your website has been sent. Many thanks again. -
The new year has brought the same old problems for savers as they continue to struggle to find accounts which keep up with the rising cost of living. View the full article -
By BankFodder · Posted
Thank you. I've looked at the general page for treadmills and they specifically referred to using your treadmill in a garage and the only warning they give is about headroom. The fact that the temperature/humidity of the garage is not referred to indicates that it is not a problem. You have found a specific reference to the garage problem in the page dealing with that particular model of treadmill. As you have already indicated, there is no way of knowing whether that references a recent addition. Looking at the manual for that model treadmill, they do refer to the problem of using unheated garages and in fact the wording they use is exactly the wording which is used on the sweatband website – so you can take it that it has been copied from the manual. Of course that doesn't tell us when the words were added. I have looked at Internet archives and although I see that copies of the sweatband.com website have been taken from time to time, there seems to be no archive copies of that specific website page dealing with that model treadmill. So we don't get any help there. The question is, of course, whether these garage humidity warnings are incorporated into the contract which you made. Clearly the warning in the manual is not part of the contract because you would have only received the manual after you bought the treadmill. I suppose that sweatband.com will try to say that the product description which refers to that model trainer was very clear about the garage humidity problem and therefore it formed part of the contract so that you were fully informed before you decided to make the purchase and therefore you are bound by those conditions. Your counterargument would be that the information which is given on the general treadmill page refer specifically to keeping it in a garage and doesn't warn anybody of any issues at all. In fact the absence of any reference to a humidity problem can be taken to give a green light to the using of a treadmill in a garage. Furthermore, in the specific product information, the reference to the garage humidity problem is only expressed in the Q&A and so it might be reasonable to say that this clearly was not intended to be a formal warning of the specific limitation. Not only that, the reference to the garage humidity problem in the Q&A was really expressed as a recommendation and only warned that there might be a problem – not that there definitely would be a problem. Also, there was no warning that using the treadmill in a garage was at your own risk and could void any guarantee or statutory rights that you might have. It seems to me that the information contained in the Q&A was casual enough not to be treated as binding. It seems to me that the information given in the generic treadmill page was intended to be reassuring that a treadmill could be used in the garage – the only concerns being as to whether or not there was enough headroom. Can you tell me how the treadmill was delivered and how it was installed? Who installed it? I'm referring to the first one and also to the second one.
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Our picks
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON**
jj58 posted a post in a topic,
Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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Natwest Bank Transfer Fraud Call HMRC Please help
waz70 posted a topic in NatWest Bank,
Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786-
- 31 replies
Picked By
waz70, -
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Hermes lost parcel. **WON**
murraynt posted a topic in Postal and Delivery Services,
Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/-
- 49 replies
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Landy_alert v MBNA PPI **WON**
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