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    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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    • My understanding is that they won't provide the name to me whether the investigation is Live or Closed, & I have no legal rep as I didn't have P.I. Cover on my policy, & am intending to claim using OIC.org.uk, but remain completely stuck as they 100% cannot open a claim on the portal without both the Reg. No. & Name of the other driver.  
    • thanks again ftmdave, your words are verey encouraging and i do appreciate them. i have taken about 2 hours to think of a letter to write to the ceo...i will paste it below...also how would i address a ceo? do i just put his name? or put dear sir? do you think its ok?  i would appreciate feedback/input from anybody if anything needs to be added/taken away, removed if incorrect etc. i am writing it on behalf of my friend..she is the named driver  - im the one with the blue badge and owner of the car - just for clarification. thanks in adavance to everyone.       My friend and I are both disabled and have been a victim of disability discrimination on the part of your agents.   I have been incorrectly 'charged' by your agent 'excel parking' for overstaying in your car park, but there was no overstay. The letter I recieved said the duration of stay was 15 minutes but there is a 10 minute grace period and also 5 minutes consideration time, hence there was no duration of stay of 15 minutes.   I would like to take this oppertunity to clarify what happend at your Gravesend store. We are struggling finacially due to the 'cost of living crisis' and not being able to work because we are both disabled, we was attracted to your store for the 10 items for £10 offer. I suffer dyslexia and depression and my friend who I take shopping has a mobility disability. We went to buy some shopping at your Gravesend branch of Iceland on 28th of December 2023, we entered your car park, tried to read and understand the parking signs and realised we had to pay for parking. We then realised we didnt have any change for the parking machine so went back to look for coins in the car and when we couldnt find any we left. As my friend has mobility issues it takes some time for me to help him out of the car, as you probably understand this takes more time than it would a normal able bodied person. As I suffer dyslexia I am sure you'll agree that it took me more time than a normal person to read and understand the large amount of information at the pay & display machine. After this, it took more time than an able bodied person to leave the car park especially as I have to help my friend on his crutches etc get back into the car due to his mobility disability. All this took us 15 minutes.   I was the driver of my friends car and he has a blue badge. He then received a 'notice to keeper' for a 'failure to purchase a parking tariff'. On the letter it asked to name the driver if you wasnt the driver at the time, so as he wasnt the driver he named me. I appealed the charge and told them we are disabled and explained the situation as above. The appeal was denied, and even more so was totally ignored regarding our disabilities and that we take longer than an able bodied person to access the car and read the signs and understand them. As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us. I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge.     After being discriminated by your agent my friend decided to contact 'iceland customer care team' on my behalf and again explained the situation and also sent photos of his disabled blue badge and proof of disability. He asked the care team to cancel the charge as ultimately its Iceland's land/property and you have the power over excel parking to cancel it. Again we was met with no mention or consideration for our disability and no direct response regarding the cancellation, all we was told was to contact excel parking. He has replied over 20 times to try to get the 'care team' to understand and cancel this but its pointless as we are just ignored every time. I believe that Ignoring our disability is discrimination which is why I am now contacting you.     I have noticed on your website that you are 'acting' to ease the 'cost of living crisis' : https://about.iceland.co.uk/2022/04/05/iceland-acts-to-ease-the-cost-of-living-crisis/   If you really are commited to helping people in this time of crisis ..and especially two struggling disabled people, can you please cancel this charge as it will only cause more damage to our mental health if you do not.  
    • I've also been in touch via the online portal to the Police's GDPR team, to request the name of the other Driver. Got this response:   Dear Mr. ---------   Our Ref: ----------   Thank you for your request which has been forwarded to the Data Protection Team for consideration.   The data you are requesting is third party, we would not give this information directly to you.   Your solicitor or legal team acting on our behalf would approach us directly with your signed (wet) consent allowing us to consider the request further.   I note the investigation is showing as ‘live’ at this time, we would not considered sharing data for suggested injury until the investigation has been closed.   If you wish to pursue a claim once the investigation has been closed please signpost your legal team to [email protected]   Kind regards   ----------------- Data Protection Assistant    
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Dowie Vs Halifax


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Well the Halifax recived my preliminary letter on the 27th March, I am claiming back £476.

 

I haven't heard anything yet, but fingers crossed I will do in the next few days.

 

I've started a new thread because my old one disapeared... so this is where I'll keep everything updated with my case.

 

Good luck, everyone!

 

Kc.

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Good luck, don't forget to keep us updated.

 

Your old thread may have gone missing when the site changed name and started using this new layout.. maybe??

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Good luck, don't forget to keep us updated.

 

Your old thread may have gone missing when the site changed name and started using this new layout.. maybe??

 

I think thats exactly whats happen. Thanks for your good luck wishes. :)

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Update:

 

Well I still havent heard from the Halifax... no standard letter, no nothing. I sent my letter by special delivery, so I know they have received it. Monday is their deadline day, (It's now Friday) so I dont think I'll be hearing anything.

 

I'm going to send my second letter first thing Monday morning. and see what happens then.

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Received a standard letter this morning (Saturday), which is good as I now know they have received my preliminary letter.

 

Dear Miss XXXXX

 

Thank you for your recent letter. I was sorry to learn that you are unhappy with the charges applied to your account.

 

We are keen to deal with your concerns and are currently investigating your complaint. You will receive our full response shortly.

 

I enclose our complaints leaflet, which explains how we will deal with your complaint. If you need to speak to us about your complaint in the meantime, please call us on 0141 204 6451.

 

This is from Tracy Hopkinson, customer services... and a Leeds address. Am I right in thinking I should send my 'Letter before action' to this new address?

 

Thanks for your help, people.

 

Also, is it possible for the name of this thread to be changed to CunnyFunt Vs Halifax? Cheers.

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I'm not sure what address you should use, or have been using...!

 

I'd be inclined (if it was me) to send it to Trinity Road, and to my local branch. HOWEVER, as she says that it is being dealt with, it'd be an idea to AT LEAST cc the letter to her address.

 

Be sure to stick to YOUR deadlines. You call the shots, not Halifax!

 

Send the Letter Before Action when your deadline expires.

 

Good luck, keep us posted.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Hey Monkey,

 

Thanks very much for changing the title!

 

I sent my first letter to the Trinity Road address... so maybe, like you say, sending one to each address is a good idea.

 

Thanks for your help. =o)

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  • 2 weeks later...

No probs, although I notice you've changed your bloody username!

 

I'll rename the thread - again! *sigh* lol, joking, don't worry!

  • Confused 1

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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No probs, although I notice you've changed your bloody username!

 

I'll rename the thread - again! *sigh* lol, joking, don't worry!

 

LOL...Bankfodder asked me to change it, so being a good forum member, I obliged.

 

Ok, so today I received a goodwill gesture of £56... I'm going to write them back and decline their offer... or should I just file my claim on the 15th day? Hhmm.

 

 

EDIT: There is a number on the letter and it says 'If you would like to discuss your concerns, please contact me'. I really want to call them, but I'm not very good in these situations... can anyone please give me some advice on what I should say? Cheers for any input.

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So, I decided to call the Halifax and decline their offer. The woman I spoke to said that she feels the £56 was a fair offer (?!?!) and she said I wont be getting another offer. She's taken my number down anyway, so I wonder now if I'll get another call. I told her that I will be filing a claim on the 26th April anyway.

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There's somethin I'm a little confused about, and was wondering if someone could please advise. I'm not certain if I put the interest charges onto the excel spreadsheet.

 

Could someone please confirm? Cheers.

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Sorry for being lazy, I haven't read the whole thread yet.....

 

If you are ready to claim through court, then that is the time to prepare the interest on each charge (the 8% version).

 

Is that what you are referring to?

 

Or do you want to know how to input them?

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Sorry for being lazy, I haven't read the whole thread yet.....

 

If you are ready to claim through court, then that is the time to prepare the interest on each charge (the 8% version).

 

Is that what you are referring to?

 

Or do you want to know how to input them?

 

 

Thanks just for replying! lol

 

I understand that when I submit my claim with Moneyclaim I can add 8% interest. When I add my charges to the spreadsheet... do I include the intested that Ive incurred on these charges?

 

Again, thanks for your reply!

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It is my understanding that if you put the 8% on everything (excluding costs) then you are effectively asking for interest on interest. Because of this, you put the daily interest from date of claim until settlement ONLY on the charges total.

 

Perhaps a point that could be clarified in the FAQ section.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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OK, I think you are getting more and more confused.

 

At court stage, for example purposes only, your charges amount to £2000

 

When you input the charges into the spreadsheet (or online calculator) the 8% total interest is £600

 

Your claim is for £2600 (plus court costs)

 

The daily rate of interest from the date you issue it, until they pay up, will be 8% on the £2000 only, otherwise you are adding interest to interest.

 

The calculation for this is 0.00022 X the amount of your claim

 

Thus - 0.00022 X 2000 which would equal £0.44p PER DAY

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Flippin' heck, Jonni, you've been doin' a lot of reading haven't you?

 

Dowie - If it were me, I wouldn't even give them the time of day on the phone. I would much sooner write to them - that way I can think about what I want to say.

 

I rejected my 1st offer of £380 in writing and received a higher offer a few days later (ha ha). Also, if you keep everything in writing, and it goes to court - you have written proof.

 

Best of luck mate, and may the best man win! (Except I'm a lady!)

 

x

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OK, I think you are getting more and more confused.

 

At court stage, for example purposes only, your charges amount to £2000

 

When you input the charges into the spreadsheet (or online calculator) the 8% total interest is £600

 

Your claim is for £2600 (plus court costs)

 

The daily rate of interest from the date you issue it, until they pay up, will be 8% on the £2000 only, otherwise you are adding interest to interest.

 

The calculation for this is 0.00022 X the amount of your claim

 

Thus - 0.00022 X 2000 which would equal £0.44p PER DAY

 

No, thats not what I mean, at all.

 

I completely understand the 8% interest thing.

 

What I'm talking about is the interest on my bank statements for charges I've incurred.

 

Thanks for your help.

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Flippin' heck, Jonni, you've been doin' a lot of reading haven't you?

 

Dowie - If it were me, I wouldn't even give them the time of day on the phone. I would much sooner write to them - that way I can think about what I want to say.

 

I rejected my 1st offer of £380 in writing and received a higher offer a few days later (ha ha). Also, if you keep everything in writing, and it goes to court - you have written proof.

 

Best of luck mate, and may the best man win! (Except I'm a lady!)

 

x

 

 

Hey C&S!

 

Glad you found me. You're probably right with the not calling them thing, but hey-ho too late now... I'm just wondering now if I'll hear from them again before Wednesday.

 

And good luck to you too, my friend. :)

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..What I'm talking about is the interest on my bank statements for charges I've incurred....

 

In that case........

 

You can claim for the interest that the bank applied to your account solely due to the charges, i.e. NOT for general interest which occured simply because you had gone overdrawn.

 

This, in my book anyway, is more complicated to work out because you should ideally know what APR they charged you for general overdraft rates and for 'over limit' rates - unless, of course, you are one of the 'lucky' ones whose statements break this figure down for you.

 

It can also be argued that by not claiming this (possibly much smaller) figure, that you are allowing the bank an amount you consider IS proportionate to the costs it incurred dealing with your failed Direct Debit / Cheque etc etc.

If you had to face the enemy in court, you would at least have an arguement to show you have allowed for actual cost. Remember though, you do not have to give them it.....

 

Another train of thought on this subject is as follows - If the interest is not itemised, then claim for ‘Interest Charges,’ and the onus will be on the bank to demonstrate the proportion they are entitled to.

 

The choice is yours........

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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In that case........

 

You can claim for the interest that the bank applied to your account solely due to the charges, i.e. NOT for general interest which occured simply because you had gone overdrawn.

 

This, in my book anyway, is more complicated to work out because you should ideally know what APR they charged you for general overdraft rates and for 'over limit' rates - unless, of course, you are one of the 'lucky' ones whose statements break this figure down for you.

 

It can also be argued that by not claiming this (possibly much smaller) figure, that you are allowing the bank an amount you consider IS proportionate to the costs it incurred dealing with your failed Direct Debit / Cheque etc etc.

If you had to face the enemy in court, you would at least have an arguement to show you have allowed for actual cost. Remember though, you do not have to give them it.....

 

Another train of thought on this subject is as follows - If the interest is not itemised, then claim for ‘Interest Charges,’ and the onus will be on the bank to demonstrate the proportion they are entitled to.

 

The choice is yours........

 

 

Hey again!

 

Well I have the interest charged, for unpaid DDs on my statements, so I know how much they owe me. Thanks so much for explaining this.

 

Well I'll be filing with Moneyclaim on Wednesday 26th, so I'm going to read up on that again now.

 

This is where it either gets scary, or exciting... I haven't worked out which one yet though :)

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Deleted post so I don't hijack anyone else's :)

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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Guest Lueeze

Hi there...

 

You need to start your own thread (otherwise youll be hijacking some elses!) and ask those questions once you have read through all the FAQ's

 

Good Luck

 

Lou x

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Dowie, have you filed your claim yet?

 

Yep, just done it now!

 

Have you heard anything yet, C&S?

 

Do you know which mod I should send my claim details to?

 

Thanks!

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