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    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
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Abbey and other questions ** WON **


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Hi everyone,

 

I have two brief questions. I've made my Data Protection Act Request to Abbey and have received a letter detailing "the microfiche argument". The last paragraph of the letter states "It is clear from your request that you require the tyransactiona,l information that is held on microfiche records. In order to avoid any additional delays, we will therefore use the £10 that you have sent with your DPA request as payment for the microfiche records that you need. You will receive these shortly. If you do not want us to do this, please call us on the above number" . Does this mean they're complying with my request or not and would it be appropriate to send the letter elsewhere on this site as a rebuttal of the microfiche argument?

 

My second question is: Given that the OFT has stated that bank charges can be no more than £12 per offence, can I claim the total money paid in bank charges or do I have to subtract £12 x number of penalty charges and claim the difference?

 

many thanks

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Hi - take a bit of time to read up first to make sure that you have the facts before going too far ahead. Read the FAQs and template letters then have a good read around here to see how others are getting on. Keep any progress on your own claim or questions that arise in a new thread in the forum for your bank to make it easier for others to follow and advise you. There's a set of links in my sig below that will help you find where all this useful information is. Well done for getting started! :)

 

It sounds to me like they are complying - you won't know for certain until the data arrives though!

 

If the charge exceeds the cost to the bank it is unlawful in the whole amount. Please ignore the £12 - it is only a level above which the OFT has said it will intervene directly, and only applies to credit cards anyway. We all know that it doesn't cost the bank more than £1.50 for some of the breaches that give rise to penalty charges, and in some cases there is no cost at all. There's no way that £12 is lawful.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Thanks Jeep. I've read around most of the thread for Abbey and various other sites too (notably the motley fool). Given that most other posters on the thread have received a year's worth of statements and not the full 6 year's worth, that's what I'm expecting to happen to me too. I'll keep you posted. Can we get this moved to the Abbey thread please?

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Ok, this morning 18 months' worth of duplicate bankstatements appeared on my doormat (sound familiar?). I'm assuming that the next step should be to send the Sticky letter re: DPA compliance? From reading other threads it seems that this leads to a tortuous exchange of letters. How many people (if any)have had the full info they require within the 40 day period?

 

Please change the name of this thread to Robh v Abbey

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Hi,

 

As previously mentioned, on the 9th sept, Abbey sent me 18 months worth of duplicate statements, following my original DPA request and their sending me the microfiche letter.

On Monday, a microfiche printout showing all transactions for the last 6 years turned up, well within the 40 day limit, without any further prompting!

Am i just one of the "lucky ones" or is this a case of just asking and sitting tight to see what happens working? I think that if I'd sent the microfiche letter, I wouldn't have got my information anywhere near as quickly, as seems to have happened to innumerable people on this forum.

 

Any thoughts?

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I am having a nightmare with Abbey. I requested statements on July 25th, request was received on 29th and up until today it has been totally ignored. I received the same microfiche letter that you did but only got 6 months of statements sent. My husband and I have called 4 times only to be told there is no record of our request (despite them cashing the cheque within 3 days!), we have been told several times that they are in the post etc, but as yet I have got nowhere. I know the claim is in the region of £3000, but as I am missing around 10 statements I don't know for sure. Their timelimit has well and truly expired, and they know full well that I cannot file a court claim until I have the written evidence. I phoned today because another month of charges are coming out tomorrow, but will they freeze them? Will they heck.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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OK, Calculations done and I know how much to claim for, except for the interest. The thing that's confusing me is that in the prelim later there's a bit that says "I'm claiming x amount plus x amount interest" but several of the threads mention not claiming 8% interest till court or something similar.

What am i missing? Thanks in advance

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There's two distinct lots of interest applicable here and you need to get them straight in your mind first.

 

When you had a charge deducted from your account this lowered your bank balance. Over time the accumulated total of these charges may have driven your account into overdraft, and maybe past your limit. The bank usually charges you interest on the overdraft balance. Some of the interest paid could be due to genuine use of your overdraft, but over time the accumulation of charges will mean that the proportion that is due to charges will be greater, even up to the whole amount. There is a spreadsheet available (see my sig below) that will work out how much of the interest they have charged you is down to the charges. Note that it's the complex version that is required to do this calculation. This interest on charges IS reclaimable as part of your initial claim.

 

When your claim gets to the stage when you have to issue a summons for repayment of the monies owed you are entitled under Section 69 of the County Courts Act to add interest at 8% to the amounts you are claiming. The spreadsheet will also calculate this amount.

 

In your initial claim ask for the charges back, plus the calculated interest on those charges. Only when you raise your court paperwork can you claim the extra 8%.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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My microfiche statements only gave details of transactions and not the balance.

 

Seeing as i requested a FULL breakdown of charges i see no alternative but to add 8% to the total claim and, if they contest then this will be my argument in court.

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It would look good if it came to court, although I would ask the bank for a full calculation of interest charged on the charges as they haven't given you the means to calculate it yourself. The other option is contractual interest (see the threads in General 'A new way of looking at interest' and 'Why is no-one claiming contractual interest'.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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I've had a look through the contractual interest thread and claiming back at 16.9 % seems reasonable to me and I understand the legal reasoning behind it, particularly as you can claim the 8% rate as a fall back option if the court deem your interest calculation unreasonable. After that I got a bit bogged down in the compound interest part of the thread. My question two-fold: 1. Have I understood correctly that I don't need to know my balance at any point when a charge was incurred to calculate the interest ? and 2. It's implied that the simple interest spreadsheet can calculate the interest at the contractual rate by replacing the 8% by 16.9 %. How do I make it do this ?

 

Thanks

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1. To calculate contractual interest you don't need to know your balance - it's based on the charges deducted.

 

2. Just by changing the rate - this is only simple interest, rather than compound though.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Thanks Jeep - i'm not sure what you mean by "just change the rate". The box that says Interest 8% Apr is only text and the formulae behind the interest calculations seems to work by multiplying the charge amount by 0.00022 and then multiplying that by the number of days since the charge. Obviously the 0.00022 is the key to 8% so do I need to alter the formulae to 0.00044 or am I missing something blindingly obvious?

Sorry, it's just one of those days

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Which version of the sheet are you using (Excel/Woks/OpenOffice), (Bank/Credit Card), (Simple/Complex), (Scotland/the rest)?

 

In the Complex Bank sheet for Excel for England, on the third sheet enter the rate into the top orange box.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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You should still be able to set the rate as mentioned above in the simple sheet (I think - I've not used it). I'll see if it's still available for download and have a look.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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OK - just checked and it doesn't, so here's what to do: -

 

Enter 8% into F5

 

Copy this formula into the cell at F9 - =(C9*(F5/365))*E9

 

Copy the forumla down to to cells F10 - F116

 

Now you can change the value of F5 to be whatever you require.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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The amount it comes to depends on the spread of the charges - if they were mainly in the early years the interest is higher than if they were mainly in the later years.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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