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    • Hi i have attachd photos and the letter also there are 18 questions   1.Do you uderstand the caution? "you do not have to say(or write), anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court, anyrthing you do say may be given in evidence.   2. please sate your full name and address   what is your occupation and how long have you held this position.   what is the name of your employer the company you own?   3. please give your full account of how waste that contained correspondence addressed to you was found to be fly tipped material depositiied it then shows a map.   4. did you produce the controlled waste, shown in KM2 - KM6 below, deposited on the named road.   KM2 I have never seen before in my life KM3 is not a clear picture i cannot say i recognise or dont recognise these objects.   5. if not, do you no who produced the waste shown in photographs KM2 - KM6 depositied ---- if so please state there name and address.     6. did you deposit the waste, shown in photographs.   7. if the awnser is yes to question 6, please state why and the date you depositied the waste.   8.if the awnser was yes to question 6, did you ask permission to deposit the waste there? if so please give details of person or company.   9. if you did not depsoit the waste shown in photographs KM2 - KM6, depositied (name of road) do you know who did? please state name, address.   10. have you organised or paid to have any waste removed?   11. if the awnser to question 10 is yes, do you recognise any of this waste in photographs KM2 - KM6 pkease state photograph numbers.   12. if you asked or employed a third party to remove or organise and manage removal of waste, please state details name address etc. as well as a written agreement.   13. if you trannsgerred waste to a third party please state on what date, how i found the individuals and when i contacted them.   14. if you did employ or ask someone to remove the waste produced by you, did you check to see if they were a licensed waste carrier with the enviroment agency.   15. if you transferred waste to a third party describe the vechile used to transport the waste away.   16 uf you transferred waste to a third party please describe the persons involved.   17. did you do everything you now believe to be reasonable actions in the circumstances to make sure that any waste produced by you was transferred to a authorised person or registered waste carrier? please list actions taken, what else could you have done to check?   18. is there anything else you wish to add.     I have trid to upload files direct to this website but it said error 200   https://docdro.id/gnI3oBJ   https://docdro.id/BsMEPgn   https://docdro.id/i70Eu9U   https://docdro.id/gOhhUVe   Sorry i pressed something my keyboard and it sent
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bearing

bearing v Barclays Partner Finance ***CASE WON*** probably !!

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Just sorting out my SAR to send in the morning.

 

Sick to death of paying out £22.50 for a computer to inform me I haven't paid on time. There's no need for them to remind me as I'm the one who hasn't paid!! :rolleyes:

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Hi Bearing,

 

This is for a personal loan a/c I assume but please confirm.

 

:)


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Remember to send it recorded delivery. And don't expect a quick response:p

Are they still charging £22.50? Thought they had been forced to drop it to £12.


Bank of Scotland account 1 - £2,666 WON

Bank of Scotland account 2 - £2,500 on hold

GE Capital charges -£30 won (hey, every little helps!)

Barclays Partner Finance £425 charges - £225 offer accepted.

 

Finally debt free after 4.5 years, thanks to my Debt Management Plan through Payplan. There is no better feeling :D

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Hi Bearing,

 

This is for a personal loan a/c I assume but please confirm.

 

:)

 

 

Credit for a Camera from Jessops.

 

 

Remember to send it recorded delivery. And don't expect a quick response:p

Are they still charging £22.50? Thought they had been forced to drop it to £12.

 

Last letter I had said £22.50 which is double the amount I'm supposed to pay each month. :rolleyes:

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£12 or £22.50 - you can reclaim whatever they've charged you, in full. :)

 

And because of the type of account this is, you can reclaim it all now. You don't have to wait for the OFT test case to end.


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£12 or £22.50 - you can reclaim whatever they've charged you, in full. :)

 

And because of the type of account this is, you can reclaim it all now. You don't have to wait for the OFT test case to end.

 

 

I have a feeling that they may owe me more than the actual balance of the account.

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SAR sent, recorded delivery.

 

I guess I'm correct in assuming that the standard SAR template is the one to use.

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Yup

 

:cool:


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I sometimes wonder at the stupidity of these establishments, sent my SAR 14th July and today received this letter:

 

th_complaint_letter_BPF_PB.jpg

 

Click on image to enlarge.

 

So what do I send them now?

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Hi Bearing,

 

They have 40 days to comply with your SAR. If they fail to meet this, you send an LBA threatening court action to force compliance re the SAR.

 

If that doesn't work, you file at court to get an order for the data to be supplied.

 

See items 18, 19 and 20 here - The Consumer Forums - Bank charges templates (consumer)

 

They'll usually get the data to you but maybe a week or two late.


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Cheers for that.

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I got the same letter too, you'll now hear nothing for ages, then they'll deny ever having received your S A R :rolleyes:


Bank of Scotland account 1 - £2,666 WON

Bank of Scotland account 2 - £2,500 on hold

GE Capital charges -£30 won (hey, every little helps!)

Barclays Partner Finance £425 charges - £225 offer accepted.

 

Finally debt free after 4.5 years, thanks to my Debt Management Plan through Payplan. There is no better feeling :D

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I got the same letter too, you'll now hear nothing for ages, then they'll deny ever having received your S A R :rolleyes:

 

 

Seems I've been lucky, just received the full statement of my account and out of a balance of £579.36 I have charges totalling £570.

 

Going to send them the Preliminary letter out today, would it be worth me amending the letter slightly to suggest I pay them £9.36 as a full and final offer on the account due to the bulk of the balance being made up of charges?

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Actually ignore that last bit about amending I've not factored in the 8% interest, so in effect they'll owe me more than the debt owed. :D

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With interest it will be £619.20.

 

Will send the preliminary letter listing the £570 charges today.

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Hi Bearing,

 

If B's decide to repay the charges voluntarily, Statutory Interest won't come into the equation. This can only be added to the amount claimed WHEN you file your claim at court.

 

If you're up for a fight, claim Contractual Interest from them. Depending on how old the charges are, you could benefit considerably.

 

They'll refuse to pay and you'll have to take them to court, do court bundles, Witness Statement, etc. But it could make a big difference when the agree to settle before the court hearing.

 

Use this to calculate the earliest charges using, say, 27.9% - Compound interest calculator


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Hi Bearing,

 

If B's decide to repay the charges voluntarily, Statutory Interest won't come into the equation. This can only be added to the amount claimed WHEN you file your claim at court.

 

If you're up for a fight, claim Contractual Interest from them. Depending on how old the charges are, you could benefit considerably.

 

They'll refuse to pay and you'll have to take them to court, do court bundles, Witness Statement, etc. But it could make a big difference when the agree to settle before the court hearing.

 

Use this to calculate the earliest charges using, say, 27.9% - Compound interest calculator

 

 

Blimey that does make a hell of a difference doesn't it. :eek:

 

To be fair though I probably won't go for the Contractual Interest, I know I should but I've pretty much paid for the credit I initially took out and if they refund the charges they've made I'll be happy.

 

With regards to the preliminary letter, I've amended the Bank Charges template slightly.

 

Dear Sir/Madam,

 

ACCOUNT NUMBER:

COMPLAINT REF:

 

My Request

 

I am writing to ask you to refund to me the charges and related interest which you have levied from my account between the dates XX through XX

 

I consider that the regime of charges you operate are subject to the Unfair Terms in Consumer Contacts Regulations 1999 as they are not individually negotiated, they operate in much the same way as charges operated by High street banks and therefore there is little alternative to myself but to agree to the charges. Furthermore the charges are contrary to the requirement of good faith and fair dealing as they lack basic standards of commercial moral practice and take an unfair advantage of the weak bargaining power of the consumer. They impose a significant imbalance in the rights and obligations between the contracting parties which is to my detriment. I also consider that the charges may be unlawful at common law.

 

Your responsibilities

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. Furthermore you are bound by the Banking Code to treat your customers fairly and it is evident that you do not so.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

 

What I require

 

I calculate that you have taken £570.00 during the period mentioned above. I enclose a schedule of the charges which I am claiming with this letter.

 

 

My targets to resolve this matter

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you dispute that I am entitled to a refund of these charges, then please let me know within the above time-scale the basis upon which you dispute together with the reasons why you consider your charges to be fair.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim once the second deadline has expired.

 

 

Yours Faithfully,

Does that look okay to you?

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Yes apart from:-

 

from my account between the dates XX through XX

..... which is an Americanism. :eek:

;)


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Yes apart from:-

 

from my account between the dates XX through XX

..... which is an Americanism. :eek:

 

;)

 

 

They'll never realise. ;)

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Been off line for a bit, just catching up. Things seem to be moving quite quickly for you. Like the fact that, with interest, they owe you :p


Bank of Scotland account 1 - £2,666 WON

Bank of Scotland account 2 - £2,500 on hold

GE Capital charges -£30 won (hey, every little helps!)

Barclays Partner Finance £425 charges - £225 offer accepted.

 

Finally debt free after 4.5 years, thanks to my Debt Management Plan through Payplan. There is no better feeling :D

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Been off line for a bit, just catching up. Things seem to be moving quite quickly for you. Like the fact that, with interest, they owe you :p

 

 

I guess it'll be in their interest to settle early, they'll save a bit of cash that way. :D

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Just had this response in the post today to my Preliminary letter, they are offering half of the charges they believe they've applied to my account, I calculated them as £570.

 

Offer_half_1_copy.jpg

 

Offer_half_2_copy.jpg

 

 

So then as I'm not accepting half of what they think owe me what do I send them now, can't really send LBA as they've responded in time and what about their assumption I've had less charges applied than I've calculated?

Edited by bearing

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Just figured out where they get the £450 from, that is the Arrears Charges, they seem to have ignored other charges such as Unpaid Direct Debit Payment Charge and Unpaid Cheque Charge.

 

Are they completely stupid?

 

That was of course a rhetorical question. ;)

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See here and use the most appropriate letter for your case - http://www.consumerforums.com/resources/templates-library/48-bank-templates/139-rejecting-offers-

 

:)

  • Haha 1

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Thanks for that, I'll write up a letter tomorrow.

 

I may add something about the fact that the direct debit and cheque charges are as unjust as the arrears charges and will expect them to be included.

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