Honey vs Ulster Bank

[honey_d]

Hi everyone

 

sent off my fist letter requesting my statements on the 15th aug.. STILL NO REPLY!

 

am about to get to a computer with a printer and get the second letter printed off.

 

really hoped it wouldnt come down to a full on battle, but it looks like thats the way things are going to end up

[big aid]

if you start this with any of the big 4 in NI, you have got to be prepared to go to court and fight your case. this is where it can end up.

 

but, on a more positive note, there is 1 person that i know of that has had a settlement from UB, as soon as the court papers were filed.

 

good luck

[honey_d]

Thanks for the reply

 

rang the number on the letter they sent me out and got speaking to a woman named elizabeth gilmore. she said that my statments had been sent out.. but to a house i have not lived in for the last 5 years!!

 

she said she thought that the person who sent them out must have just looked at the address which was on the first statement that would have been printed.. DUH

 

I have now been to the post office, who dont seem to have them, and my old address who hasnt seen them either. the owner of my old home seems to think that if anything had off been sent to that address it would have been returned to the sender.

 

Mrs Gilmore has said that it will probably be another 10 days until they get the statements out to me as they are so busy.

 

GRRRRRRRRRR

[paddym]

stalling tactics !

[honey_d]

I am wondering what my next step should be.

 

i'm sure the information will not arrive until at least 10 days time. i did not anticipate it would all take this long, and i am going to be out of the country from the 10th nov - 2nd dec. should i just hold onto the statements and make a claim against them when i come home, or should i go on ahead?

[big aid]

go ahead and start your claim. if you get your statements and add up all that you are claiming for, send off your prelim approach letter, and you should be able to send off your LBA before nov10th

draw up a timetable that would have you away while you are waiting on a response to one of your letters.

[monstermind]

I would get back onto to Elizabeth Gilmore, it should just be a matter of photocopying the statements and re-posting them, 10 minutes work ... that's what she did for me when the statements they sent didn't arrive first time. Remind her the 40 days to comply has passed. Good luck.

[shovey]

Hi ev1, im taking on Ulster Bank too. Ive sent my DPA letter off recorded delivery on the 26th Sep. No word back yet.

[honey_d]

Well they syill havent turned up!

 

I don't want anything more to be done over the phone. I want official records of everything that happens from here on in.

 

Sorry if a i am being stupid, but i cant see a letter in the templates section for the bank not replying to the first letter.

 

could someone point me in the right direction please?

[besty01]

TEMPLATE 2 - Send if the 40 days has expired.

 

 

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

[honey_d]

Thanks, i was a tired earlier and being a bit dim.. looks like i wont be needing it though.

 

just got home from work to see a parcel from ulster bank.

 

it looks like i'll be trying to get back about £1300

 

now it really begins.....

[Bettyboop]

Good luck Honey.

 

Im after Ulster Bank too (have my court claim in). I'll let you know how it goes.

 

Bettyboop

[honey_d]

Cheers bettyboop..

 

which spreadsheet did you use?

 

in the templates section it says 'england' and scotland'

 

not sure which one i should use :S

[Bettyboop]

Honey

 

I just used that one (England/Scotland), I don't think there's any difference (and if there is, someone please let me know?).

 

Good luck

 

 

Bettyboop

 

PS - remember the one with the interest isn't until the online claim so use the one without interest until then

[noomill060]

Honey-

 

Northern Ireland uses English Law, not Scottish.

 

There is a difference.

[Bettyboop]

Lucky for me I picked the right one then LOL

 

Thanks for clearing that up for me.

 

Bettyboop

[honey_d]

Why do you not add the intrest during the first request for your money back?

[lickthewallfatboy]

because you can only add interest when you initiate court action,at the court standard rate of 8%.

[honey_d]

hello again everyone.

 

well i waited till after my holidays and sent in a request for the ukster bank to refund the £1700 they have stolen from me.

 

I have just recieved a letter from ulster banks retail network support dated the 20th.

 

in it they say that their charges are clear and fair, but the have refunded me £240

 

there is no way i am accepting this so the second letter will be going in as soon as the post offices are open again.

 

There are 2 things i'm not sure of though. what do i do with the £240?? if i use it will the say 'aha, but you spent it therefore you accepted our offer'

 

and i'm not sure exactly how long the have to reply to my next letter.. is it 14 days from the date on which they recieve it?

 

many thanks for any help in advance!!

[noomill060]

Hi Honey!

 

All you need to do is knock the amount they have refunded off the total you are claiming back. Write them a polite letter thanking them for returning your own money and that you accept it on the clear understanding that you will persue them through the courts for the balance.

 

The money is yours to enjoy as you wish.

[smcgall]

Hi Honey

 

noomill060 is right as along as you write to the bank and tell them that you only accept the £240 as a part refund of monies owed.You are free to spend it as you wish. Personally i would tell them that you are using it to fund your court fees.

 

Stuart

[honey_d]

How much are the court fees??

 

i've been dreading this as i'm awfull at getting stuff together :-S

[LordPringle]

I paid £62 in court fee's but I believe its dependant on how much you are claiming. You pay the fee's upfront when you file the Court Claim, but if the bank loses the case - which they more than likely will - they have to pay you back the amount you paid in fee's on top of what they owed you.

[honey_d]

so if my bank refuses to pay the full amount i have to file a small claims case.

 

if this happens will i not accept anything other than the amount they have taken from me with intrest and court fees or will i be offered the money they have taken from me alone?

[LordPringle]

Each case is different but when you file your small claims case, thats when the Bank know you are serious. Generally speaking they settle out of court. When this happens the norm is they refund you the full amount they have taken from you in charges plus interest (which is the amount you would file with the court) as well as reimburse you with the court fee. Some Banks however make partial offers right up until the Court deadline. My advice is to stick with it and accept nothing less than the full amount as sooner or later the odds are you will get it.

 

The Northern Bank offered me a partial refund a while ago and I was briefly considering it. However one guy on here summed it up in a nutshell...if the shoe was on the other foot and you owed them XXX amount, do you think the bank would settle for less than that amount? I think not. So go for it, claim all the way.