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    • If you are flying away tomorrow (or rather this) morning I'd just forget about complaining to the police now.  As BF said earlier it's probably just a waste of your time anyway so I wouldn't worry about it.  Forget it for now.  Have a safe flight and concentrate on your other thread against Aviva.
    • I'm afraid you won't get a complaint drafted before tomorrow morning - and I think most others here think it would be a waste of time anyway and that the police decision won't change.  I would ask for a review and make a complaint on principle, but I suspect you are better off concentrating your effort on your other thread and direct complaint against Aviva.   Unless you are out of the country for an extended period I'd wait until your return before considering futrther whwther to complain about the police.   [ By the way, just so that you don't mislead yourself as it's a mistake many people make, ALL agreements are "verbal" in that they are composed of words.  Some agreements are in writing and others are oral, spoken or vocal.  The law recognises oral or spoken agreements just as much as ones that are written down.  The only practical difference is that oral agreements can be difficult to prove in a dispute]
    • Just to add there is a scheme called the Victim's Right to Review.  It basically applies to decisions made by the CPS not to go ahead with a prosecution.  It doesn't apply to decisions made by local police forces, but it does say:   19.  Decisions that are not eligible for VRR include: ... iii where the police or other investigator exercises their independent discretion not to investigate or not to investigate a case further (whether in consultation with the CPS or not) and the CPS have not been requested / have been unable to make a final decision to charge. Requests for review of such decisions should instead be addressed to the relevant police force/other investigator; [My bold] Victims' Right to Review Scheme | The Crown Prosecution Service WWW.CPS.GOV.UK   I'm not familiar with the scheme so can't advise - but other posters here may know about it or have experience of it.  You need to read the above link but note that it talks about things that seem to fit your situation.   eg a victim is defined as ‘a person who has made an allegation that they have suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct’.   If you have not already requested that the police review their decision not to pass the case onto the CPS, then I would do so.  If you are not happy with the outcome of that, complain.   I can't advise you definitely to go ahead and ask for a review or complain, but if I were in your situation that is what I would do.  But I tend to agree with BankFodder that you'll get nowhere and, if you are sick and tired of all this and just want it to go away, then just drop the police.  However, if you don't try...   [Apologies for the italic typeface/font - it's the above link causing it.  The italics should have stopped at the end of the third para above ending ' ... criminal conduct'.  I can't change it.  Very annoying]
    • @Manxman in exile I eloped to get with my husband si my husband and siblings never sat together in the same room .   Hes claiming a verbal agreement was made but a verbal agreement doesn't hold any water in the eyes of the law..no agreement was made I was in Leeds with my toddler.    He has made use of the policy , had the luxury of the insurance and reversed the money back and now Aviva are coming after me.   You've summed it up well is there anyone in the group that can help me draft the complaint to the police as I'm flying out first thing tomorrow and my head is all over the place.   My husband me Mr z , my late father and eldest brother were at this meeting supposedly when the verbal agreement was made but yet the officer took a statement off the eldest brother and didn't take it off the husband and based the final decision on the eldest brothers statement and Mr Z and all other evidence which is in written form has been completely dismissed    I'm fighting it all alone coming from an Asian background I am getting taunts and salt is bring rubbed on my wounds its not been a pleasant experience yo say the least trying to prove my innocence and having to listen to the b******* being spouted out by everyone whilst Mr Z is walking away not guilty 
    • I would complain to the police - even if I thought it would go nowhere.  I can't see that you have anything to lose.   I can't tell you the grounds of your complaint because I don't know the details of everything that has happened (you know better than I do)  and because I've found much of the story too difficult to follow.     But - based on everything you have told us - it seems to me that your brother has clearly committed fraud by obtaining the benefit of an insurance policy by falsely misrepresenting that he was opening the policy on your behalf and also by falsely misrepresenting himself - or a third party - as being your husband.  If your brother could not have taken out that policy without making those misrepresentations, then he has committed fraud.  It doesn't matter whether the victim was Aviva or you  and it doesn't matter if the victim realises they've been defrauded or not - the police should investigate it properly.  In this case you are the ultimate victim of the fraud because Aviva are saying that you owe them for the premiums on the policy your brother fraudulently took out, so whether Aviva consider they were the victims of fraud or not is irrelevant - they don't care because you end up as the fall guy.  Point out that this may have ended in a civil dispute over a debt between you and Aviva, but that that debt directly arises as a result of your brother's fraud in claiming to be acting on your behalf and by impersonating your brother.   One of the reasons the police seem to have dropped this case (and this needs to be one of your main grounds of complaint I think) is that they have accepted without question your brother's statement that your husband was somehow involved or in some way agreed to your brother taking this policy out in your name, and the police have simply and uncritically accepted your brother's word on that without ever speaking to your husband, who would vigourously deny it.    (I can't make any better suggestion than that because, to be honest, I don't follow what has happened.  If you never authorised your brother to open this insurance policy at all then I don't understand why the police would place any importance at all on your husband being present at a meeting with your brother.  What did your husband's presence have to do with the insurance policy?  Even if he had been at such meeting (which you say he denies) then how could he authorise anything on your behalf?  None of it makes any sense to me and I can't see why the police would think it did.)   Challenge the police to explain to you why they believe there is insufficient evidence to pass this on to the CPS   I would follow the published complaints procedure of the police force in question and I would also send a copy to your local Police and Crime Commissioner.   I think the main problem here is that (despite what the nice woman PC may have suggested to you) the police have never considered you to be the victim.  You need to demonstrate to them via your complaint that you are the victim here.   One other question: is your husband and are your family supporting you through this, or are you going it alone?
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Sarahdactyl vs Nationwide


sarahdactyl
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Hello! :) I'm new here and still finding my feet so please forgive any foolish questions!

 

I sent off the Data Protection letter and my cheque and Nationwide sent me the most glorious binder featuring all my copy statements (Much better than the pile of paper Barclays sent me, all in small print!) and I have now trawled through it and discovered that Nationwide have charged me.......£639.40 over the last 6 years.. ouch! :shock:

 

I closed my Nationwide account shortly after Christmas and paid off all the charges, I was livid as they kept mentioning more and more every time i went in to try and close it - I was only 20 quid over my OD limit, forgot about the account and it spiralled it would appear.

 

Anyway.... I am now going to send them the next letter. Do I need to fill in a spreadsheet to go with it (If so, which one?) or can I just type in a list of charges with dates into my letter?

 

Thanks in advance for any help ;)

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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Hi and welcome :)

 

It is best to fill in the spreadsheet, the simple reason being that you don't need to do it again later when it comes to claiming the 8% interest rate at the moneyclaim stage (and it is gratifying to see how much extra you will get back!)

 

Keep us updated :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Doh - must have added up wrong the first time, it actually comes to 569.50 - still a significant enough amount of money for me to be cross though!

 

(And 93.60 in interest)

 

I will be sending them a letter tommorrow along with a print out of the charges from the spreadsheet, minus the interest.

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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Right, letter was sent last Thursday and so as I gave them 14 days to respond I am expecting a response on Thursday 7th September.

 

I have written the next letter already in anticipation. :)

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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Keep us updated :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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  • 2 weeks later...

Well, unsuprisingly there was no response from Nationwide at all to my first letter so looks like we're on to the next one!

 

I'll send it tommorrow using signed for so I can track that it's been received and then we'll see how it progresses from there! :D

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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Actually... who should i send it to? I sent the last one to:

 

Nationwide Building Society

Member Account Servicing

1st Floor Electra House

Farnsby Street

Swindon

SN2 1SR

 

Should this one go there or to:

 

Charles Bacon

Solicitor

Legal Compliance (Corporate Affairs)

Nationwide Building Society

Nationwide House

Pipers Way

Swindon

SN38 1FN

 

? :)

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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Send it to either. Personally I would use the first one for this letter and the Pipers Way address for your court claim.

  • Confused 1

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Wonderful - will send it to the first address this afternoon!

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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Just out of curiosity.... because I have closed my Nationwide account and so they can't pay the money in, will they send me a cheque instead?

 

I ask only as people have been getting multiple payments into their accounts, would there be multiple cheques do you think?

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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Sarahdactyl, I sent the LBA the same day as you, so we will need to see who gets the payout first.

 

I am predicting 10th Oct for first payment?

 

My Court Papers are sitting ready to post Special Delivery (I am based in Scotland so have to do it by post).

 

Good luck.

If I have helped click my scales....

 

Find my threads by clicking here

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I won't be able to file a moneyclaim until start of Oct though as don't get paid til then i can't afford the court fees!

 

Rubbish! :(

 

You'll have to let me know how you get on as you'll be doing everything slightly before me :) - Good Luck!

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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I will have to borrow the £250 (my claim if for over £5000) from Mrs Debt_mountain. I am expecting MBNA to payout before then so may be able to finance it with the MBNA cash.

 

Its a shame there isn't a fund we could borrow the fees from as they are guaranteed to be paid back. you could always ask Nationwide for an increase in overdraught and tell them what it is for:cool:.

 

At least with me just days before you you can see what to expect. Going on recent Nationwide activity they pay about 50% after approx 10 days from the court papers, then a couple of days before going to court stump up the rest.

If I have helped click my scales....

 

Find my threads by clicking here

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Still received no response from Nationwide to either of my letters! Feeling a bit left out to be honest - every one else is getting letters about the T&Cs and no answers. ;)

 

Weird... Nationwide must really hate me :p

 

After all, they did cut up my cards in front of everyone else in the bank leaving me not enough money to get home once!

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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Still no response from Nationwide to either letter sent! I sent them both "signed for" and the royal mail site says the below for both of them

 

"Your item with reference ************* was delivered from our DORCAN Delivery Office "

 

Dorcan delivery office is nice and close to Nationwide in Swindon.

 

I'm assuming they've got them then... wonder why no reply!

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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Right, no response from Nationwide and I have been paid so I will submit my moneyclaim on Monday.

 

Do I put the following on the moneyclaim?

 

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

Also, where would I put that I require payment by cheque? I no longer have a Nationwide account.

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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Once I've filled out the moneyclaim online form is there anything else I need to do? Do I need to send the court a list of all the charges or is the text above enough?

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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Nothing else to do Sarahdactyl. Just sit tight and wait for good news!

 

You should be send cheque automatically.

 

Best of Luck

ukwbg

Nationwide Data Protection Act Subject Access Request sent 6/7/06

Statements received well within the 40 day deadline

Prelim sent 8/8/06

Standard reply received 21/8/06

Letter Before Action sent 24/08/06

moneyclaim on line submitted 9/9/06

 

PAID SAT 1ST OCTOBER :D

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MMnn... not sure you need to do this. I didn't (neither did lots of others.)

Have just paid my cheque into bank this morning. :-)

Foxy

Please feel free to correct me if i'm wrong but I didn't read that you have to do that anywhere in the procedures.

Nationwide Data Protection Act Subject Access Request sent 6/7/06

Statements received well within the 40 day deadline

Prelim sent 8/8/06

Standard reply received 21/8/06

Letter Before Action sent 24/08/06

moneyclaim on line submitted 9/9/06

 

PAID SAT 1ST OCTOBER :D

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Weird... Nationwide must really hate me :p

 

After all, they did cut up my cards in front of everyone else in the bank leaving me not enough money to get home once!

 

I don't think this is personal - Alison (B***H) in recoveries made me cry in front of the branch for 20 minutes before she let me have half of my money as I had to feed the kids (both of whom were with me, one in a buggy!) The husband had gone overdrawn on the Flex big time, this was money from the cashbuilder, Childrens Tax Credit!

 

JS

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Claimant had account ******* with Defendant from 1998 conducted on their standard terms and conditions. Claimant is claiming the return of £569.50 taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 16/01/2002 to 03/10/2006 of £98.61 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.13.

 

I'm going to submit this tonight, is the above all ok?

 

Do i tick yes or no to :Do you want to reserve the right to claim interest?

 

 

It's yes isn't it?

 

And also, amount claimed is the total amount isn't it? Bank charges plus interest?

 

Thanks for any help!

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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Please can someone assist and confirm this all looks ok before I proceed? I'm a bit nervous :)

Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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