In for a penny!!!

[sallysas]

Guess what Brett. They are going to start charging me interest too. Letter arrived today. Obviously not the season of goodwill yet............. It says it was down to a systems error that I had not been charged earlier. I think I will send a letter advising them that if they insist in charging me I will simply claim again. I can also ask when I can receive my old data as the ICO has told them to comply. I will state that if this is not forthcoming I will contact the courts. There must be someone we can complain to though. Banking ombudsman perhaps? Don't get mad - get even. A very nasty tack though especialy for people who don't know about this site. Or are we being targeted 'cos we're on here.

[sallysas]

Dear Ms Gurnell

 

Ref: xxxxxxxxxxx

 

I am in receipt of your letter dated 19 October 2007 informing me of the reinstatement of interest on my credit card account. As my fiduciary I am disappointed at this response as you are aware that I am still making payments via the CCCS and am currently in no position to increase my payments to you. I regard this proposed action by yourselves as retaliatory as I am currently reclaiming my bank charges via the courts and I will be reporting you to the FSA. It appears to me that this is a waste of your resources as I will reclaim any interest charges through the courts, if necessary, at a future date.

 

Within the last few months I have requested all my data covering my banking history with yourselves and twice you have sent my duplicate data. Although you have been ordered by the ICO to supply me with this data this information has not reached me as yet.

 

Yours sincerely

 

 

Would the FSA be the correct people to complain to? Any thoughts would be much appreciated.

 

 

I've also got a mental block about complaining to the courts re non-compliance. Would I charge so much for each letter I have written etc. This is approx £10 I think. Oh, why are there such big gaps in my knowledge?????? Last time I went down this road was just before October and I applied for remission but due to the court official mixing up the photocopied documents they sent them back as the new rules had come in.

[sallysas]

£6.75 (plus stationary) is what we can claim for wasted court time when a claim is successful. I think I will put this on non-compliance application x3 for the letters I have written so far. Can I claim anything for the time spent on this claim so far? Does anyone disagree with this or know better? And are the FSA the best people to contact? (See above)

[sallysas]

Thank you comrade, much appreciated. I will claim for one hour + letters on top then. I just need a computer fair to go to for new ink, etc. Only got paid 2 days ago and there is not much left for the rest of the month. If I sit down and work it all out perhaps I can ask for stays here and there to be lifted on hardship grounds.

 

Started preparing my christrmas cake today. The germans have a word for me -gnadergerfrau. We would probably call me a cook. I just love a feast.

[sallysas]

But if an account is in dispute it cannot be passed on to a debt agency and frankly the next time around - and the time after that, and the time..... I may very well claim compound interest as this is allowed with credit cards. Shame I didn't realise it sooner. I've obviously still got L plates.

[sallysas]

Recorded deliver yesterday what should arrive but statements for both visa and current accounts. This makes me very happy and without interest my current account claim coves to over £2000. WOW!!!! The information goes back to when account was opened in 1990. Prior to this I had a joint account with my ex-husband which I suppose I have no right to ask for - unless someone can put me right.............

 

I have a vague memory of someone else having this trouble and a letter was obtained from their ex giving permission for information to be supplied. Might go and ask in my branch as they are quite good eggs.

[sallysas]

Reply about my currant account.

 

'We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case'.

 

No wonder the number of actions has dropped then. Flannel is the word that springs to mind. Also waffles on about FSA agreeing to suspend dealing with complaints 'subject to conditions that protect your rights'. Just what does that mean?

 

Going to write lba with more reasons for 'hardship case' as things have got a bit worse financially since my prelim. Never say die.

[sallysas]

I have one court date/time for 3 different cases. Will one of them turn up?

[sallysas]

It's embarassing to have so much debt - and then some. I have a court appearance with an old mortgage a/c next month. (This was one I started 12 months ago, but lacked the bottle to progress for some months. AND I STILL HAVE NO BOTTLE.) Ooohhhh, no pun intended, just lack of cash for fripperies like wine/beer.

 

Then on 23 January it is barclaycard, halifax visa and a secured loan. Who is going to get rattled first, one of them or yours truly. Steady the Buffs.

 

Then in the New Year I will continue going after Natwest (again) and will go for 'hardship criteria' to get Halifax to settle not one - but 2 - currant accounts. I have totted it up and they owe me £3000+ on my 2 outstanding claims. Amazing what can happen when claims are put on hold or one gets old data. And Barclaycard owe me some data, Sainsbury's has been on a backburner for a while and I am sure the co-op have more data then they admit. And I will claim contractual where applicable. Oh, and the secured loan have been charging me interest so it will be 2nd time around again.

 

Have I said I want a solo bike, BMW 650GS. Maybe I will order it next year.

[sallysas]

No it's me I've been sat here too many hours!!!!!!!!!! Same date/time/judge. Better go prepared if it gets that far. Ooooohhhh, butterflies just thinking about it. Same judge for the old mortgage and another cager has said 'what have I done to deserve him, someone dosn't like me' on another thread which makes me nervous.

[sallysas]

Hot off the presses so to speak. Not much news though.

 

Money Observer

[sallysas]

We havn't spoken for ages. How are you? Looking forward to next week with SatNav at the ready. I don't have one of those (obviously not successful enough to run to that expense yet) so I don't have to worry about you getting lost.

 

Getting over 'flu and need to ask silly question. Using advance bank calc sheets going back to last century can I just go ahead and list them or am I being silly and have to use brown 'estimate of previous charges' line.

 

 

'An estimate of previous penalty charges can be entered in the brown box if charges have been applied before the six year period. This entry is inferred by the argument in bold above.'

 

Thanks in advance

[sallysas]

I have a court date for visa end of January. I have reason to believe they issued default notice anyway. Going to get confirmation from Experion - already had free trial. Do I bring this to the attention of the judge right now or shall I wait till I issue non-compliance order for the older statements? They were ordered by ICO to send me all data but only went back to 1996. Can I put it all in POC or bring it to the court's attention in my court bundle (assuming it gets that far). Also they have failed to provide T&Cs so can I just use the copies we have available here? My judge is Judge Cooke so I have got to be on the ball. For those who don't know this he is the judge who found for Lloyds because the claimant didn't have any T&Cs.

 

You have been warned..........

[sallysas]

Silly me!!! Looked at their defence and I was actually claiming more than I should as I didn't understand Vamp's credit card spreadsheet properly. So I will have to accept their offer which is the correct amount near enough. So I was lucky to get anything. Sorry I will have to issue an iou as this only reduces the amount outstanding. Could have been a lot worse if I ended up in court with incorrect information. Lets not go there.

 

Just chalk it down to experience and can this be moved to successes please.

[sallysas]

Thank you one and all but if brains were dynamite I had a damp squib on this particular one. All part of life's rich tapestry.

 

Will do better with my next visa claim - probably going for contractual (which I have done once before) once I get all data from them.

[sallysas]

Thanks Mac. Just going to get court date out of the way later this month and then going for non-compliance. Have counted up all outstanding people who still owe me money and it is at least 10 accounts (some for the 2nd or 3rd time) so I am going to be around for another year at least. Will they start going 'oh no - not her again'.

[sallysas]

Finally got round to filing at court today on my current account. This year, next year, sometime never. It will come around eventually plus the one that is stayed from last year.

 

Going to file for non-compliance on visa account though, hopefully this Friday.

[sallysas]

I came across the old paperwork from the 1st claim to be stayed. It states (erroriously) that I have 2 claims stayed. This is wrong because halifax settled my 1st ever claim after I submitted my N1. I didn't actually tell the court we had settled as it stopped there. Should I have done so as the stayed paperwork says both claims should be heard together as the judge could strike it as an abuse of court time (or whatever the strict legal term is).

 

What I am asking - in a nutshell - (a) should I inform the court that one claim was settled 12 months ago (b) should I be worried I now have 2 in the pipeline which are going to be stayed? HELP!!!!!!!!!!!!!!!!!!!

[sallysas]

I got all my old data freom Halifax going back to the very beginning and I was about to file at court (can't find relevant thread or else I didn't keep it up-to-date) when I got seduced by MacBoy's thread (put a day aside if you havn't read it) and I am now seriously thinking of starting again but going for compound. If it's going to be some time before the banks give way I may as well get some real interest out of them..............

[sallysas]

Strange develoipment from my currant a/c that was stayed last year. Halifax want to look at it again as I had informed them that I was experiencing hardship all those months ago. They wern't interested then but I suppose the test case has for some reason made them look at outstanding cases again.

 

Oh the catching up I will have to do just because I changed providers.

 

Can anyone give me a link to a shortened version as to what the outcome was and what it means or just point me in the right direction generally. Many thanks

 

Sally

[sallysas]

It's good to talk. I went to the bother of filing for non-disclosure and Halifax finally wrote explaining how I had already had data. Seems I had one account, closed it and then opened another some years later. Why couldn't they tell me that months ago? Oh well, I'm going for compound which bumps it up a little. The shame of it is I owe them more than I am claiming but still it will be good to get this account right down.

[sallysas]

Wow and WOW again!!!!! The total with compound comes to over £8000. I am going to be sticking to Macboy's thread like a limpet. One thing I have done is kept a record of all previous halfiax claims so there is no possibility that I am claiming some charges twice. Just claiming compound without the interest Halifax have charged me the end of almost every month. This is going to be the hardest claim I will ever do.

 

Doing this now before any decisions reached at court have a negitive action on claims (but perhaps I am wrong).

[sallysas]

Received a reply today "in connection with your complaint about unarranged overdraft bank charges."

 

Last year when the test case started I tried the hardship route and got nowhere. Then earlier this year (presumable to hedge their bets if case they lose the test case) halifax wrote saying they were willing to look at my complaint again but I decided I didn't want to play that game so didn't fill the attached form. This letter today says they have received my letter of 16/06/08 "but we will only reconsider your complaint on receipt of the completed Common Financial Statement". I am inclined to ignore this until it is time for the lba and then make reference to it as my financial situation is only improved by virtue of the fact that I keep winning on this site - not that I'm better off.

 

Do people agree with me that

1) this is not a legal requirement so I can ignore it and

2) if this is their response I can now send the lba and thus

3) they are sitting up and taking notice because they don't like the fact I'm claiming contractual 'cos it adds £££££ on each day (literally)

[sallysas]

bump

[sallysas]

Had a leter from them teling me I can't claim back any further than 6 years due to the Limitation Act. OIh yeah, really surprised they havn't come across section 32 1 (a) etc. Standard LBA sent off at the weekend. Couldn't be bothered to point out error in their reasoning. Anyone for court in the autumn then, as I don't expect they will roll over and cough up soon. Hey ho :)