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HBOS charges reclaiming


a184
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When I'm taking the card companies to court (just for the Data Protection Act at the moment), how do I justify using my local court, as their head office is somewhere in England (I'm in Scotland).

I cant say as per Scotia's claim form example that "the defendant has a branch in my area therefore it is under the jurisdiction of this court"!?

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The addresses are usually at the top of the particular forum.......

have a look see

 

 

Dave

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a 184

 

Have a look at the Govan Law Centres Statement of Claim

 

first para

This pursuer is a consumer within the meaning of paragraph 3 to schedule 8 of the Civil Jurisdiction and Judgments Act 1982 as amended. The pursuer is domiciled within the Sheriffdom. This court accordingly has jurisdiction.

 

Best of luck charlieho

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Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Thanks for your reply Dave. I really was after a name- don't I need a specific name to take to court, or can I just make the defendant, for example, "Barclaycard Plc" ?

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You can't sue your bank manager.

 

Employees have no liability for their company's debts, and if you name them as a defendant the claim will get struck out.

 

The defendant is the bank, so just simply write the name of the bank as the defendant.

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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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Employees have no liability for their company's debts, and if you name them as a defendant the claim will get struck out.

 

Ah, I was unsure about this - thanks for clearing that up barracad !

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Hi,

 

After my DPA request, Capital One and Egg both sent me a huge list of communications (phone calls, letters, etc), and other computer printouts which didn't really mean anything to me, between them and myself and described these as "details of manual intervention".

 

My question is this: Can Capital One and Egg now turn around in court and say that there has been 'cases of manual intervention' or whatever, and therefore defend the reclaiming of bank charges?

 

a184

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  • 1 month later...

Hi,

 

I recently went into an unauthorised overdraft. I am claiming the £30 "Paid Item" fee back, which BoS charge for honouring a transaction when there aren't sufficient funds in my account.

 

However, they're also charging me £28 for going into an "unauthorised overdraft". Can I claim this back, or is this a justified fee - they could be chargeing me for providing the overdraft service (although I'm also charged about 5% for the unauthorised overdraft)?

 

Any advice is most appreciated.

 

:-)

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Hi,

 

I recently went into an unauthorised overdraft. I am claiming the £30 "Paid Item" fee back, which BoS charge for honouring a transaction when there aren't sufficient funds in my account.

 

However, they're also charging me £28 for going into an "unauthorised overdraft". Can I claim this back, or is this a justified fee - they could be charging me for providing the unauthorised overdraft service (although I'm also charged about 5% for the unauthorised overdraft)?

 

Any advice is most appreciated.

 

:-)

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Claim them all back. I claimed both the £30 fees that allegedly cover their costs and the £28 "Unauthorsied Overdraft" fees.

 

You can also claim back your intrest on the charges, there are p[lenty of threads around that tell you how this is done.

 

Best of luck!

Halifax Prelim letter sent 2/08 Fob off recv'd : 7/08, Settled 17/08, without LBA even being sent : £240 agreed, just £28 short of what we were claiming for!

 

BoS: All statments recieved, totalling £1,680 before intrest, 09/08 CCA Request sent to Hollis Briggs Solicitors, Prelim sent on 12/8. Hollis briggs never did reply to the S.A.R - (Subject Access Request). LBA has been sent, and action has begun in the small claims court! Return date 2/11, Prelim. hearing 9/11. Hollis Briggs have dropped the account, which is now back under BoS head office control! BoS ignored court claim, and din't reply at all. Spoke to rachel Hinchliffe, who said they did not recieve summons, now in her personal hands. 2/11 - Recieved noticed of debt collection on this account from Wescot, just more evidence of icompetency, and for court! :lol:

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thanks andybhoy

 

also, does anyone know if I can request they delete this incident from my credit file?

 

---it was my fault i went into a £6 unauthorised overdraft at first, but they made it worse by charging me for this!?

 

thanks in advance for any help.

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Yes you can! Ask for the default notice to be removed. See the templates section for the right letter. You can claim back the excess overdraft fee of £28 and the £30 charge because they are unlawful, irrespective of whether it was your fault that you went over your agreed limit. Most banks and CCards have reduced their late payment fees to £12 now because of the OFT ruling in June. Even the £12 was a guideline, when it probably really only costs £1 to "administer your account" Good luck!

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I'm keen to get my refund ASAP

 

Can I claim all the charges back now? (one of them isn't taken from my account until the end of October).

 

Thanks

 

 

:-)

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  • 2 months later...

Hi,

 

Bank of Scotland (BoS) sent me a letter offering me £58 in FULL AND FINAL settlement after I sent them the Letter Before Action (LBA). This £58 was the full amount I was claiming so I was excited to accept it and not have to go to court.

 

I filled out their acceptance form, changing it to reserve the right to contest future unfair charges and sent it away. It was after postng it that I remembered that this means by not taking them to court and accepting their offer, they're not going to remove the strike against my credit report.

 

Is there ANYTHING I can do now, or do I have to accept that I can't get my credit report changed now?

 

Thank you, and Merry Christmas.

 

a184 :-)

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Hi a184.

 

All is not lost.

First, try writing to them and asking them to remove the default as it was due to unlawful charges which they have now repaid to you.

Point out that you accepted their gesture of good will, thus saving them the expense of a court case, so would they be prepared to remove it to avoid the necessity of another court action.

 

If that doesn't work then it may well have to be court. In that case I suggest that you post this question in the Debt and Bailiffs Forum as default notices figure heavily in the DCA's armoury. There are users there who will be able to help you.

 

Click this link for the DEBT AND BAILIFFS FORUM....

 

Good luck.

 

Regards, Rooster.

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  • 4 weeks later...

Hi,

 

HBoS have been messing me around since June 06, I'm trying to get copies of my statements under DPA. I've followed all steps and now only opion is to take them to court to get statements.

 

In the Scottish Small Claim Summons Form it asks for "Claim (form of decree or other order sought)".

 

Is this the part where I write "Order under Section 7 and Section 15(2) of the Data Protection Act 1998" or do I write something else?

 

Sorry if this seems a stupid question, but I really just want to get the form sent away and get my statements!

 

:-)

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Hi, Sorry I misread your question.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Thanks.

 

Just another question:

 

You said "Plus expenses of bringing the action" - do I list the expenses or does the court somehow calculate this?

 

Oh and what goes in the " Action for/of " box (bearing in mind that this is a DPA compliance request, NOT a request for payment)?

 

cheers

 

a

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Hi,

 

I'm filling out the form to take BoS to court.

 

In the example statement of claim, there's nothing that tells me what to write regarding telling defendant (BoS) to remove the default on my credit report. Can someone please tell me what to write/advise me where I'll find what to write so that when the court orders BoS to pay up they'e also ordered to remove the default from my credit report?

 

What I mean is what do I write in my court claim to get the bank to remove the credit default?

 

I've looked everywhere and can't find an answer.

 

Thank you

 

a :-)

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You could try this below

 

 

Quote:

-

 

 

 

 

 

Notice pursuant to s.10 of The Data Protection Act 1998.

 

 

 

 

 

Re: account no. XXXXXXXXX

Account holder. XXXXXXXXX

Address. XXXXXXXXXXXXXXXXXXXXXXXXX

 

Whereas I have been a customer of XXXXXXX Bank since XXXYEARXXX and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

signed

 

 

 

 

date

 

 

 

-

.

.

© Reclaim the Right Ltd.

.

.

.

S.10 gives a powerful right to Data Subjects. If you have been defaulted because of a debt comprised wholly or mainly of penalty charges then this could provide a solution.

 

You are advised to discuss it thoroughly on the forum first.

 

Also you should read the Data Protection Act FAQ and also ss.7-14 Data Protection Act before using this notice. Not that it is especially problematic. Only that you should understand what you are doing before embarking on any litigation oriented route.

 

If the bank challenges this notice, it is likely to be on the grounds

 

 

 

 

a) that you consented to the data processing

b) that the penalties are not unlawful

The Bank has 21 days to respond. If they fail to do so you can apply for a Court Order requiring them to respond. If they respond with a justification, at least you can prove that they know that the amount is in dispute and that secondly that you have made a realistic attempt to resolve the matter before litigation.

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Hi A184,

 

I just wanted to say good luck. I am in exactly the same position as you but with Egg plc not BOS.

 

Kind regards,

 

hondamad

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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thanks for your replies.

 

as I've already written to BoS and they've refused to amend my credit report, I was really looking for something to put in my refund claim form that would force BoS to amend my credit report (eg an order from the court).

 

does anyone know what I can write?

 

Cheers,

 

a184 :-)

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