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    • woe SLOWDOWN>   your defence is weeks away. (day 33) no there are no templates as each claim is unique. however, if you use our search top right. for say claimform card you'll see numerous versions people have adapted based upon our std holding/no paperwork defence , one of which, might well be suitable.   get CCA/CPR requests running monday and get AOS done now on mcol, you've already lost 10 of your 19days to do AOS   then get reading up as i detailed above the more you read here the stronger we become   dx      
    • Thanks   Is there any good templates that can be modified for the defence?
    • is this letter entitled letter of claim? and comes with a reply pack?   please scan up your original agreement to ONE multipage PDF read our upload guide carefully 
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • The agreement started 11/02/2019  for 47 monthly hire payments   Threat-o-gram : We are instructed on behalf of Hyundai Capital UK Limited T/a Hyundai Finance Contract Hire.  This is inaccurate, as on my hire agreement it says - Owner Santander Consumer (UK) plc trading as Volvo Car Financial Services. Hyundai must be who this other persons agreement is with.   The only will is: Should you fail to make payment of the outstanding bablnce of £5,000, or alternatively provide realistic payment proposals within the next 30 days, we are instructed to issue County Court proceedings against you for the balance outstanding. Such proceedings will also include claim for costs.   Yes I still have my agreement. 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Very new to this forum.

 

Have tried the FAQs but not sure if I'm using it right as I can find the answers to these questions I have.

 

Anyway have drafted my letter to the bank, to reclaim unfair charges for unpaid items during the past 14 months £935 in total, plus interest.

 

Does it matter that it's a joint account as long as we go through the process together?

 

I'm filling in the spreadsheet, should I add a column in for the date the charges were notified? Do I add the 8% interest on now or if I take it to the claims court?

 

It's been a hard year since my husband became ill and unable to work, and all these charges have really screwed us. :sad: Luckily(?) we have no overdraft and all our charges relate to unpaid items.

 

Thanks for any responses. :)

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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Hi. As you had no overdraft, I'm guessing no interest was charged and you can therefore claim for the charges. The 8% interest is only if it goes to court.

 

Use the template preliminary request for a refund of charges. http://www.consumeractiongroup.co.uk/forum/showthread.php?t=671

 

Best of luck.:)

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Hello jhawc24 and welcome to the forums.

 

Yes, you can claim for a joint account yourself - any account in fact where you are named on it.

 

You can, if it ever becomes necessary, claim on behalf of someone else, as long as you get that person to sign a letter stating such...

 

As far as your other question is concerned, it is answered in the the Frequently Asked Questions (FAQs)

 

You are either about to start, or have already started, a legal process to recover funds from a large financial institution - do not do so lightly - even if the evidence suggests that it is an easy process.

 

Spend at least a day or two going through it, as this also contains the "Case Guidance Notes" and "Step-by-step" guides etc. You will find them invaluable, and you need to do this in order to grasp the implications of the task that lies ahead of you......

 

Once you have done this, if you still have any unanswered questions, then post them here and they will be resolved in no time....

 

It really is vital to do some of the groundwork yourself. On the plus side, the benefits of a little hard work will hopefully result in a nice refund of those charges in the months ahead.

 

Good luck..!!!

..

.

 

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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Have receive a reply "computer generated" from Lee Gardner, Customer relations today.

 

Just standard stuff investigating my concerns, will receive a reply shortly, no later than 4 weeks, customer complaints leaflet enclosed.

 

Looking forward to hearing back from them, but will not delay on my 14 day deadline. :)

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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Just a query on my 14 day deadline, does the 14 days start on the day they received my first letter? Or from the date on the letter?:confused:

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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I'm not sure on this one either, but I figure that any extra days you give them will always be looked upon favourably by a judge if you ever got to court, and I'm sure an extra couple of days won't hurt. Good luck anyway.

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It's 14 days from receipt, which you automatically take as being the next working day after postage (if you sent 1st class)/

..

.

 

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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A nice offer (not) by the halifax for £320! They owe me £969 (includes new added charge).

 

Been reading through some of the threads and this statement in the letter has come up before when we pay an item against an unauthorised overdraft or return an item unpaid, we incur extra costs regardless of the shortfall involved. We believe it is fair to pass these costs on to the accounts affected, rather than absorb them into other areas of our operations, penalising all our other customers as a result.

 

Well how come UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges"

 

:idea: If their charges are fair then they should have no problem defending themselves in court. See you there you robbing swhines.

 

:p

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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I'm just preparing a letter to say thanks for the offer kindly accepted as partial refund, not full and final. We could do with a standard one in the library section, especially for us thicko's!

 

My 14 day deadline is up on the 10th, does my LBA letter need to give them another 14 days or 7?

 

Will it be ok to put both letters in the same envelope?

 

Thanks, JJ :p

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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I'd write both in one letter. Thanks for £howevermuch and I'll see you in court for the rest.

 

It would also give a nice diversion from the standard template and personalise it a little. This'll work in your favour as they must see quite a few irrelevant standard templates that people have just copied and pasted without thought.;)

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  • 11 months later...

This is on behalf of my daughter Cat.

 

She has sent S.A.R - (Subject Access Request), followed up by a 7 day reminder, and alas no statements - now overdue.

 

I know next step is court summons, however she has been a bit shoddy by:

1. She sent both letters recorded - but not sure if she has kept the signed for receipt!

and

2. She sent a postal order for £10 but did not write her account no or address on the back.

 

So is it best to start this process again? or should I ring them on her behalf first?

 

Any advice greatly appreciated.

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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If they were sent records could she not check with the PO to see if they have been delivered and,if so,who signed for them?

 

I do not see that the postal order would be an issue-I feel that it is of more importance at this stage to see if the SAR has been received and when.

PPMAN159

 

If this comment has helped please click on the scales.

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This is on behalf of my daughter Cat.

 

She has sent S.A.R - (Subject Access Request), followed up by a 7 day reminder, and alas no statements - now overdue. Have you made any telephone calls to Halifax to chase up the SAR?

 

I know next step is court summons, however she has been a bit shoddy by: Send letter for non compliance of SAR first, then sue for non compliance if no joy.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

1. She sent both letters recorded - but not sure if she has kept the signed for receipt! On Orange slip given to her by PO, is a track and trace number, this can be used to check status of letter online at Royal Mail Website.

and

2. She sent a postal order for £10 but did not write her account no or address on the back.

Postal Orders can be tracked by writing to Post Office, she needs to ask at PO she sent letters from.

So is it best to start this process again? or should I ring them on her behalf first?

If postal slips/payment proof cannot be found then she will need to start over......keep everything this time. Cheques are easier to trace than Postal Orders.

Any advice greatly appreciated.

 

Good luck

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  • 2 weeks later...

Thanks for your response. Im starting over again on this one as she has lost all receipts. Will make sure I keep everything for her.

 

Have emailed SAR yet to follow this up by registered post.

 

She has some statements, is it possible to start the prelim process for return of bank charges on what she's been charged the past year? And then add on the other charges when she (finally) gets copy statements?

 

This will then shorten the time frames a little. Or is it best to wait to know the full extent?

 

Regards, Joan

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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Here goes: This is on behalf of my daughter crazykat.

 

Letter from Halifax dated 1st May - no statements just a list of charges since 2004! Does it really cost a tenner for that?

 

Totalled charges £2,057 - Prelim letter dated 13th May (sent by email & recorded delivery).

 

Response dated 15th May (wow that was quick!!) 'sorry you are unhappy blah blah ... I (not we?) have carried out a full investigation of your complaint (that's quick in less than 48 hours - they must be superfantastically ever efficient) ... I am satisfied that the charges have been applied correctly to your account.'

 

So that's it not even an offer? Oh well roll on 30th May so I can send the LBA letter.

 

Any comments kindly accepted. Regards, Joan

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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You are right on track. Chances are you might not get an offer, they seem very busy at the minute...:p

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  • 2 weeks later...

On behalf of Catx

 

Re:Halifax

13 May issued prelim letter for charges back £2k+.

15 May received reply saying no 'go away'. Now waiting for 14 day deadline to send LBA.

23 May have received default notice giving 28 days for £218 overdraft purely made up of charges.

 

Just writing letter to Halifax to say they cannot default account as the amount is in dispute and refer to 13.6 of the Banking Code. Have been reading through some threads which mention S10 of the data protection act. Should I mention this in the letter? any advice, kindly accepted.

 

Regards, Joan

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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Bounce!!!

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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  • 11 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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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Please note that this topic has not had any new posts for the last 5024 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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