Some Advice Please

[skeeloj]

Hi,

 

I am claiming back charges from 1 bank (halifax) and 3 credit cards (Monument, Citi & Capital One).

 

I have sent all subject access request (SAR) forms to all 4 of them.

 

Halifax - Current Position

 

Statements received, letter sent requesting they refund money for my charges. They have until 26 September before I take next steps. No response received as yet.

 

Monument - Current Position

 

Acknowledment of request received and they have said they will provide me with statements by 20 September, but nothing received as yet. Will give them until the 3rd October 2006 as this is 40 days from the SAR.

 

Capital One - Current Position

 

Acknowledgement letter received, but no date given as to when I will receive statements. Will wait until 3 October 2006 if nothing received before then before taking next action.

 

Citi Card - Current Position

 

Have acknowledged request again same position as Capital One and Monument

 

I have a question please :

 

I was wondering with Capital and Citi cards, I currently pay them £50 a month through different solicitors as they took me to court and won. When I receive the statements I know for a fact that a large amount will be charges and late payments fees. Do I ask Capital and Citi to take the amount from the of the outstanding balance that is with the solicitor rather than paying me the money, as I haven't actually paid all the charges as yet. Does this make sense?

 

Monument are at they stage where they are about to default my account and pass on to an agency, so I am hoping to get statements before that stage as I know a large amount of my oustanding balance is in charges applied by them.

 

Hope this makes sense and thanks in advance for your help.

 

Regards.

 

Skeelo.

[thewifeandI]

You are better off asking them to reduce the balance you owe - it will go away sooner if you do and then you can get clear of them.

 

For Monument, advise them in writing that the balance of the account is in dispute due to penalty charges, and that they should not take any further action until this is resolved.

[closey]

Firstly, no I wouldn't I would continue with your claim in the tried and tested way. When you receive your settlement you can then pay off any outstanding balance. Do you think the amount of charges is larger than the amount owed?

 

If Monument are coverd by the banking code advise them that your account is dispute. Section 13.6 of the Banking Code clearly states that you may only pass details of my debts to the credit reference agencies if the debts are not in dispute

[closey]

sorry wifeandi, we crossed over there!

[smr]

Hi Everyone.

 

First off let me say hello (tis my first entry here..) and well done on compiling all this information to aid us, the consumers, at regaining our bank charges. Nice work.

 

I appoligise if this question has been tackled in another thread, but I'm in the process of tallying up all charges to me in the last 4 years from my bank. (LloydsTSB)

 

I would like to know whether i'm only to include actual overdraft charges and their relevant interest, or if i can also included charges for unpaid standing orders and direct debits? These seem to vary between £20 - £70.

 

Any help/suggestions on this matter would be greatly appreciated.

 

Thanks and kind regards,

 

steve.

[thewifeandI]

All of them, but not overdraft arrangement fees, ATM charges, currency charges, etc. Start your own thread in the Lloyds forum for the best advice and support.

[skeeloj]

Thanks for your advice once again, I really appreciate it.

 

The Halifax have until today to respond to my initial request I will probably give them until Friday before taking any action. Please can you advise what action I

next should they not respond.

 

Regarding Monument, they wrote to me a while ago saying that will provide me with an update on the 21st September. I received a letter on the 22nd September saying that they are still looking into it and they will provide me with a further update by the 18 October. However, the SAR letter I sent gives them up until the 3rd October. Should I write back and say that they have until the 3rd October. If so, please can you also advise what I should do next.

 

I haven't heard from Capitalone or Citi cards, since receiving their acknowledgement letters. I am currently paying CapitalOne and Citi Cards £50 a month via there solicitors, who have obtained county court judgements on these accounts. Can I stop paying them and tell them that the amount that I owe is being disputed with the credit card companies?

 

I'm not sure, but I think the balance that I owe these companies will be reduced considerably if not possibly clearing one of the balances completely, but I am not 100% sure, as I am not even sure what I owe them (except Monument) as the solicitors don't provide me with any statements.

 

Sorry for the long email and thanks for your help once again.

 

Regards - Skeeloj.

[kokomar]

... as the solicitors don't provide me with any statements.

 

They what????

 

Check the Consumer Credit Act 1974 s78 (4) - someone with more knowledge than I will confirm whether or not this applies but it should!!

[skeeloj]

Hi,

 

I have sent LBA to all my credit cards and have sent Halifax a second letter giving them another 14 days and have heard nothing.

 

One of my credit cards Citi Cards, have written to me acknowledging my LBA letter that I sent and said they are investigating, but it could take 3 to 6 weeks as my statements are in archive. They said if they get the info sooner, then they will.

 

Should I do anything or let them wait 4 to 6 six weeks, at which time they will investigate my claim and let me know the outcome.

 

Many thanks in advance for your advice.

 

Regards

 

Skeeloj

[bearo]

They have 40 days from when you sent a request for any info relating to you to be sent to you - after 40 days you send them a non compliance letter and you also should inform the information commisioner about their non compliance.

Just curious and a little puzzled, this was in reply to your LBA? did you send this without having a list of charges to hand?

[closey]

Also, do not ever accept the timescales the bank offers. YOU set the timescales NOT them. If you give them 14 days in a letter then stick to 14 days.

[skeeloj]

Thanks again for your help.

 

Can you believe the cheeck of Capital One. While I am in the process of requesting my fees back, they have sent me an application form inviting me to apply for a Capital one credit card as a result of me making contact with them. The balance of the first card I had with them is still be collected by a Solicitors firm....

 

Olliebear, no I have had my statements back from Citi Cards following my SAR and they complied within the 40 days. I sent them my LBA letter requesting my funds be credited back to my account giving them 14 days to respond and included a list of charges with the letter. They wrote back saying my statements are in archives and it can take I think 3 to 6 weeks to investigate as this is how long it may take to get my statements. I was querying should I give them 4 to 6 weeks. I wrote the letter on 28 Sept and the response is due back 12/10/06.

 

I have had all my statements back from all 3 credit cards (Citi, Monument, Capital) and Halifax Bank. Should I get my refunds It will cut 2 of my credit card balances in half (£600 to approx £300) (£1200 to about £650) and from £2200 to approx £1600). Halifax owe me £602.

 

I am currently at the following stages:

 

Halifax - Second LBA sent - response due back 12/10/06. If no response received, next step is issuing court proceedings

 

Citi Cards - LBA letter sent requesting charges be refunded - response as above, not sure what to do.

 

Monument - LBA letter sent requesting charges back - response due back 12/10/06 - Next step, I think it's to send another LBA

 

Capital - LBA letter sent requesting charges back - response due back 12/10/06 - Next step, I think it's to send another LBA

 

Thanks again guys for your help.

 

Skeelo J.

[bearo]

Have you posted a thread in each bank forum which is speciaif to yor claim?! It is much easier to be able to comment and help if there is a post in each forum with the progress for each claim.....not sure if you have odne this already but if you havent please now move over to the bank forums..... The bank forums can be found here ----à http://www.consumeractiongroup.co.uk/forum/ scroll down to the bank action group and you will see a list of banks!

[closey]

Only give them 40 days as per your SAR. If they do not comply in this timescale send the the DAP non compliance letter in the bank templates library.

[Isiris]

Thanks again for your help.

 

Can you believe the cheeck of Capital One. While I am in the process of requesting my fees back, they have sent me an application form inviting me to apply for a Capital one credit card as a result of me making contact with them. The balance of the first card I had with them is still be collected by a Solicitors firm....

 

Olliebear, no I have had my statements back from Citi Cards following my S.A.R - (Subject Access Request) and they complied within the 40 days. I sent them my LBA letter requesting my funds be credited back to my account giving them 14 days to respond and included a list of charges with the letter. They wrote back saying my statements are in archives and it can take I think 3 to 6 weeks to investigate as this is how long it may take to get my statements. I was querying should I give them 4 to 6 weeks. I wrote the letter on 28 Sept and the response is due back 12/10/06.

 

I have had all my statements back from all 3 credit cards (Citi, Monument, Capital) and Halifax Bank. Should I get my refunds It will cut 2 of my credit card balances in half (£600 to approx £300) (£1200 to about £650) and from £2200 to approx £1600). Halifax owe me £602.

 

I am currently at the following stages:

 

Halifax - Second LBA sent - response due back 12/10/06. If no response received, next step is issuing court proceedings

 

Citi Cards - LBA letter sent requesting charges be refunded - response as above, not sure what to do.

 

Monument - LBA letter sent requesting charges back - response due back 12/10/06 - Next step, I think it's to send another LBA

 

Capital - LBA letter sent requesting charges back - response due back 12/10/06 - Next step, I think it's to send another LBA

 

Thanks again guys for your help.

 

Skeelo J.

 

 

Skeelo

 

I would strongly advise applying for the judgement set aside. See my thread.

 

http://www.consumeractiongroup.co.uk/forum/general/12511-set-aside-judgement.html

[closey]

Sorry about my posting above....I didn't read the thread properly! Must put glasses on when reading!

[skeeloj]

Hi does anyone know if I can move my thread to the Halifax forum or do I need to start a new thread.

 

Also, Halifax and my other credit cards have until today to respond to my requests. If they don't respond do I start court proceedings online?

 

Halifax been sent 2 LBA letters and I haven't had any response

Monument - 1 LBA letter sent, with no response

CapitalOne - 1 LBA letter sent, no response

Citi Cards - 1 LBA letter sent, said can take 4 to 6 weeks to investigate.

 

Please advise what I should do next.

 

Many thanks.

 

Skeeloj.

[bearo]

just go into the halifax forum and start a new thread! you can copy and paste any info from here if you wanted to....here is the info for moneyclaim online http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

If you can now move all your questions to the different bank forums that would be a great help as currently you have one post for various different claims! it will be much easier for you to ask questions about specific claims then!