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    • Ok so Starling came back to me and said they have made some changes on my account and I should now be able to use the 'switch' option. I have a Monzo account which I opened when I opened the Starling account, but I have not used it as yet because I was happy with Starling. I feel like I am seriously running out of options. If Monzo do the same as Startling and let me set up all my direct debits and standing orders etc and then tell me they're closing my account in so many months, what do I do then? Where do I get a bank account?  I have applied to Nationwide, got the account set up and all the details etc. Then today received an email saying sorry they were not going ahead with the account and it would be closed today. They didn't give me the option of a super basic account. I have tried RBS and Co-op too and they basically did and said the same.  I feel like a leper or something. I have only defaulted on my loans one month. It hasn't even shown up on my credit report yet, but these knock backs are definitely to do with my credit score because RBS said " Unfortunately, having made those checks we are unable to proceed with opening your account at this stage."  I don't know what to do.  I did open a Co-operative account and have all the details and even a debit card, but when I'm trying to register for online/mobile banking it is just saying for security reasons the account is locked and to call this number, which I managed to get through to the other day after holding for an hour. I am on hold again now but with what's happened with Nationwide and RBS, I am not feeling particularly optimistic. Any advice on where to go or what to do next? x
    • Thanks for coming back and letting us know.  This is much appreciated because sadly most people don't. We have a new Alliance case which has pushed me to look at old cases.  The good news is that, for all their bluster, Alliance have never had the bottle to take a Cagger to court. Please do come back though if they ever send you a Letter of Claim.
    • Thanks for this update. Well done it's a good result. Typical of this company EVRi – they dangle you around for over a year and then tried a quibble to try and save a few quid – but actually it's not about saving money it's about saving face. I don't see why they bother to save face because they have no shame. They were prepared to smash up your mother's birthday and then refused to pay you out a paltry 75 quid or so – even though they know full well that you have third-party rights and they know full well that the little insurance scam is contrary to section 57 and section 72 of the Consumer Rights Act. I wonder what they would do if it was their own mothers? Well done for standing your ground. Well done for resisting mediation which would simply have added an extra stage to the process and of course they would then have threatened you to keep quiet if you revealed what had happened. You can see they are desperate to avoid further judgements against them. They know that what they are doing is unlawful but it is making them huge profits and they don't want to rock the boat! Hopefully you have learned enough that if this kind of thing happens again with EVRi or any other company, you will feel confident about taking it forward although of course we will be here to help you and support you as you need. Thank you for the donation. I am sending you an email about this.  
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Nofees
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Hi All,

 

I've received an Enforcement Notice Served Under Section 76(1) of the Consumer Credit Act 1974 demanding payment of £572.52 plus interest.

 

The letter was dated 21st Sept and it said 'We are giving you formal notice of our intention to terminate your Agreement on the 30th Sept.

 

I thought they were suppose to give you 30 days notice under the Banking Code in section 7 para 5.

 

Are they in breach? What do I need to do..Pls can someone give me advice

 

Many thanks

S.A.R - (Subject Access Request) sent recorded delivery - 26.09.06

Dispute Charges letter sent recorded delivery - 26.09.06

Received Statements - 26.10.06

Prelim letter sent recorded delivery - 02.11.06

LBA letter sent recorded delivery - 22.11.06

 

Bank Template Letters Here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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Are you in the process of taking action against unlawful bank charges?

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Closey,

 

I havent started the process yet, But I think its time I got brave and take them for all those unlawful charges etc..

 

I'm fed up with them, and I would like to start, but the notice they sent me worries me. I've talked to them on many occassions That Im struggling at the moment and would make some godwill payment. They just ignoring me and keep sending me letters and keep calling me on the phone.

 

What do I need to do..

 

Thanks

 

Nofees

S.A.R - (Subject Access Request) sent recorded delivery - 26.09.06

Dispute Charges letter sent recorded delivery - 26.09.06

Received Statements - 26.10.06

Prelim letter sent recorded delivery - 02.11.06

LBA letter sent recorded delivery - 22.11.06

 

Bank Template Letters Here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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I am looking into this for you.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks Closey...much appreciated :)

S.A.R - (Subject Access Request) sent recorded delivery - 26.09.06

Dispute Charges letter sent recorded delivery - 26.09.06

Received Statements - 26.10.06

Prelim letter sent recorded delivery - 02.11.06

LBA letter sent recorded delivery - 22.11.06

 

Bank Template Letters Here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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Hi Nofees,

 

Firstly Section 76(1) Condumer Credit Act 1974 allows them to only give you 7 days notice. :( If you had begun the process of reclaiming charges I would have said that this was retaliatory, but unfortunately this isn't the case for you. Is the debt there because of their charges? If so then maybe you'd be in a better position to delay paying them the money. You would need to write them a letter informing them that you now know the charges are unlawful and you are going to begin action against them to reclaim the charges.

 

Other than that I'm not sure about your particular situation. I'll return if I can think of anything that will be of any help to you. In the meantime hopefully somebody else who's been in a similiar situation will be able to advise you.

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

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lucid, thanks for your help..

 

The notice came from Brighton Collections Centre. I've been in to my local branch today and wanted to explain the situation, but they said they dont deal with disputes, so they gave me a number to call..

 

I will call them aswell I think to state my intentions to dispute the charges and would write a letter to confirm my intentions to reclaim

S.A.R - (Subject Access Request) sent recorded delivery - 26.09.06

Dispute Charges letter sent recorded delivery - 26.09.06

Received Statements - 26.10.06

Prelim letter sent recorded delivery - 02.11.06

LBA letter sent recorded delivery - 22.11.06

 

Bank Template Letters Here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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When we began our claims a couple of our accounts were in arrears because of their charges. So as a reaction to them receiving our preliminary letters the bank immediately handed our accounts over to the Brighton Collections Centre and their demands for "their" money to be paid back began. We still haven't paid back the arrears and they have increased by more charges coming out, but we have had a lot of trouble from them over this. At the moment they seem to be making empty threats of carrying out certain actions, but we have always been confident that as we initiated a dispute against them we are in a much better postion for not paying back the arrears until the dispute comes to an end. But your situation is different as they have handed over to Collections before you have started any action.

 

I think you need to find out from somebody with more experience on this, but if it were me and your arrears exist entirely of their charges then I would get a prelim sent, and then write a letter to Collections (CC it to Customer Recovery as well) and explain that you have begun a dispute against them and you will repay the arrears once the dispute is resolved. Section 13.6 of the Banking Code doesn't allow them to pass on details to Credit Reference Agencies while the amount owed is in dispute, so this could safeguard you against their next course of action which would be a Default Notice. But as I haven't been in this exact situation myself I don't know if you would be right in doing this. Hopefully somebody has and they will see your post very soon.

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Please hold fire on calling them for the moment.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Do I need to send the SAR letter or just the preliminary letter?

S.A.R - (Subject Access Request) sent recorded delivery - 26.09.06

Dispute Charges letter sent recorded delivery - 26.09.06

Received Statements - 26.10.06

Prelim letter sent recorded delivery - 02.11.06

LBA letter sent recorded delivery - 22.11.06

 

Bank Template Letters Here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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Ok Closey. I'm on hold !!:)

S.A.R - (Subject Access Request) sent recorded delivery - 26.09.06

Dispute Charges letter sent recorded delivery - 26.09.06

Received Statements - 26.10.06

Prelim letter sent recorded delivery - 02.11.06

LBA letter sent recorded delivery - 22.11.06

 

Bank Template Letters Here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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Do I need to send the S.A.R - (Subject Access Request) letter or just the preliminary letter?

 

When you are ready to start you will need to send the SAR if you don't konw how much you've been charged - this can take 40 days to come through. If you already know how much you've been charged and the details of these charges then you would need to send off a prelim letter as your first course of action.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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I have an overdraft of £8000 balance and £572.52 in unauthorised overdrawn amount. I have been with Lloyds for around 9 years!

 

I think I shall reclaim for 6 years due to the Limitation Act. God knows how much in unlawful charges they have taken over those years!!

 

I will pursue my claim with a SAR letter and then go on from there I think

 

Thanks lucid for your help...I will keep you posted on this thread.

S.A.R - (Subject Access Request) sent recorded delivery - 26.09.06

Dispute Charges letter sent recorded delivery - 26.09.06

Received Statements - 26.10.06

Prelim letter sent recorded delivery - 02.11.06

LBA letter sent recorded delivery - 22.11.06

 

Bank Template Letters Here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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Ok good luck Nofees. Just be warned that now you've had an enforcement notice sent through, their next course of action will be to issue a default notice for the debt. Maybe you could get in touch with your local Citizens Advice Bureau - you can find details here. I haven't dealt with them myself but have read elsewhere that they can give advice on the best course of actions for debts. Hopefully they will be to help in some way - even if they just let you know where you stand.

 

Hope it works out. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Does this mean that I still continue with my S.A.R - (Subject Access Request) and reclaim my charges.

 

Should I also include a note regarding Section 13.6 of the Banking Code in my SAR.

 

Am I too late !! to proceed my claim?

S.A.R - (Subject Access Request) sent recorded delivery - 26.09.06

Dispute Charges letter sent recorded delivery - 26.09.06

Received Statements - 26.10.06

Prelim letter sent recorded delivery - 02.11.06

LBA letter sent recorded delivery - 22.11.06

 

Bank Template Letters Here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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Due to my current circumstances with my enforcement letter, I have telephoned the Collections Centre in Brighton regarding my dispute and that I am in process of writing to them my intentions to reclaim back my charges etc.

 

I have also asked them to put my case on hold until they hear from me and not to write anymore letters to me. I've also mentioned Section 13.6 of the Banking Code to them and for them to take note of this during the dispute.

 

The guy was all ears !! I've also asked them to note our conversation and make a note of it.

 

I will now send my SAR to them and also CC to the Revovery Centre in Colmore Row in Birmingham

S.A.R - (Subject Access Request) sent recorded delivery - 26.09.06

Dispute Charges letter sent recorded delivery - 26.09.06

Received Statements - 26.10.06

Prelim letter sent recorded delivery - 02.11.06

LBA letter sent recorded delivery - 22.11.06

 

Bank Template Letters Here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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I would get your S.A.R - (Subject Access Request) sent off asap but don't include anything referring to the Banking Code at the moment.

 

The problem is that you have an unauthorised overdraft amount which has been passed to Collections and they have now issued you with an enforcement notice - which they are entitled to do. The problem I have is that they began to ask for repayment of your arrears before you have started to reclaim charges - so they haven't done this as a way of retaliating. Take what happened with us for our joint account as an example of their retaliation:

 

We began action by sending our prelims off on 9th August. A few days later we found that our accounts had been passed over to collections and we had a COLLECTIONS ALERT through saying we needed to pay back the arrears. Mindzai then received an enforcement notice dated 30th August and they threatened to terminate the agreement on 8th September. Then he received a default notice dated 16th September and they have threatened to terminate the agreement 25th September (today). In our situation we have always refused to repay the arrears because a) they are made up entirely of Lloyds' charges, b) the amount we're claiming back in charges far exceeds the amount of the arrears [and we knew this before we started the claim], and c) Lloyds only started to demand repayment once they received our prelim letters so it is retaliation of the most obvious kind. ;)

 

So in our case it is direct retaliation from them but in your case they are well within their rights to be reclaiming your arrears at the moment. :( The reason I suggested visiting CAB is that I believe they can help you out and arrange a kind of debt management plan (although I could be wrong). :oops: So they may be able to help you come to an arrangement with the bank where you pay back a certain amount each month - even if it's a small amount. The S.A.R - (Subject Access Request) can take 40 days to come through and only then can you begin action wereas Lloyds could be issuing you with a default notice in a couple of weeks time - and I'm sure you don't want a default to be placed on your record. :eek:

 

So if I were you I'd get the S.A.R - (Subject Access Request) sent asap and start finding out how you can postpone Lloyds from taking any further action - unfortunately the only way I can see this happening is by you beginning to pay some money back but you would have to come to an agreement with them over the amounts. I'm assuming you aren't in a position to be able to pay them the whole amount (I know we wouldn't be) and wait until later to get it refunded (if the majority is charges) so I reckon get on to the CAB as soon as you can.

 

Hang on Nofee - just glimpsed your latest post. Firstly the S.A.R - (Subject Access Request) goes to:

 

Penny Berryman

Senior Manager

Data Protection Dept.

Lloyds TSB Bank PLC

The Pentagon

48 Chiswell Street

London

EC1Y 4XX

 

You don't need to CC it anywhere else and the above address is direct to the Data Protection Manager. It's fine that you've contacted them by phone but please don't fall into the trap of assuming that they are going to cease any action - you really can't trust them, especially at the Collections Centre. I really would get on to the CAB to find out where you stand, because as far as I'm aware at the moment the bank are well within their rights to claim this money back from you. I know it's probably not what you want to hear but they will most certainly send you a deafult notice - claming that you haven't bothered to get in touch despite the many phonecalls and letters you make.

I hope this is of some use. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Thanks for the advice Lucid..

 

I will go and see the CAB. I will try to make some payments to Lloyds and in the meantime send in my SAR to the address you gave me.

 

Let's see what happens

 

I will keep you posted.

 

Thanks

 

Nofees

S.A.R - (Subject Access Request) sent recorded delivery - 26.09.06

Dispute Charges letter sent recorded delivery - 26.09.06

Received Statements - 26.10.06

Prelim letter sent recorded delivery - 02.11.06

LBA letter sent recorded delivery - 22.11.06

 

Bank Template Letters Here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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Yes that sounds like the best course of action for the moment Nofees. You never know, some much more knowledgable person may come along soon and let you know exactly where you stand but for the moment I think it's best to assume that unless you start attempting to pay the arrears money back they are going to go ahead and give you a default.

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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If I get a default notice, can I still reclaim my Charges for the past 6 years?:| and can I dispute the default because they have taken unlawful charges.

 

All these amounts are unlawful charges, They take it when they like, and you keep paying them and paying them and paying them...They are parasites:(

S.A.R - (Subject Access Request) sent recorded delivery - 26.09.06

Dispute Charges letter sent recorded delivery - 26.09.06

Received Statements - 26.10.06

Prelim letter sent recorded delivery - 02.11.06

LBA letter sent recorded delivery - 22.11.06

 

Bank Template Letters Here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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Yes you can still reclaim your charges but a deafult notice is something that goes onto your credit record and is very bad in that sense - it stays on there for 6 years. You can try to get them to remove defaults if they only ocurred because of charges but from what I've read it can be quite difficult. It'd probably be easier to do whatever you can to prevent them from defaulting you.

 

Even though it's not great having to pay them money to keep them happy when you know that they owe you much more in charges then just remember that you will be able to start the process soon and get all of the money back you are entitled to. You will get there. :)

 

Have you thought about getting another account open (even if it's just a basic one) and stopping using your Lloyds account altogether? We did that as we became completely fed up with them taking most of our money and struggling to have any money to live on for the later part of the month. Since we moved everything to a different account we've been fine moneywise, we still don't have a lot but we certainly aren't having to pay any to the bank to cover charges.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Good advice..

 

I already have a parachute account and have been using it. No probs there.

 

I've also downgraded my Lloyds account which I was advised by them. Did that today at my local branch. But they said they will not issue me with a card. Thats fine by me

S.A.R - (Subject Access Request) sent recorded delivery - 26.09.06

Dispute Charges letter sent recorded delivery - 26.09.06

Received Statements - 26.10.06

Prelim letter sent recorded delivery - 02.11.06

LBA letter sent recorded delivery - 22.11.06

 

Bank Template Letters Here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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hi nofees. have a read of the thread in Legalities called Defaults a proposed method for removal.VERY INFORMATIVE.you could send the last template letter to the bank.

yes you you can still claim 6 years.and you can make the default a condition of your court claim.

send your SAR but only to data protection.

Ladyhawk

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The account becomes in dispute the moment you become aware of it and make them aware that you are disputing the unlawful penalty charges.

You could make them aware by simply going into your bank and asking the Bank manager if he proposes to pay them back.

That would have to be put on record,as would a letter an e mail or phone call(although you have no proof of the phone call )

 

As they have already issued default warnings though your best chance would be to act before they enforced it.

You can remind them that at no stage have you given permission in your agreement, for them to pass harmfull information to third parties about you.

There are people already using this arguement.

I think if you still dispute the account BEFORE the default is issued then you have (technically) advised them of this in time to suspend that action.

 

If you are unable to stop the default you will at least be able to halt any collection efforts once you have made the bank aware of the dispute.

For this you would not need to wait for dpa you could write and say that you will be litigating once the statements arrive.......even if you have 1 statement that will be enough for the letter.

 

It is likely to be a couple of weeks anyway between default and collection and its usual for the bank to use their in house collections well before selling the debt on.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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For this you would not need to wait for Data Protection Act you could write and say that you will be litigating once the statements arrive.......even if you have 1 statement that will be enough for the letter.

 

Thanks for your response Martin3030, and good advice too ! Just to clarify the above quote.

 

What you are saying is that I should not wait for 40 days for them to send me my statements of charges, just inform them of my litigation with prelim and LBA

 

Can you pls clarify this..

 

Thanks

S.A.R - (Subject Access Request) sent recorded delivery - 26.09.06

Dispute Charges letter sent recorded delivery - 26.09.06

Received Statements - 26.10.06

Prelim letter sent recorded delivery - 02.11.06

LBA letter sent recorded delivery - 22.11.06

 

Bank Template Letters Here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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