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    • Yeah that is what I think not going to look a gift horse in the mouth plus got other issues right now with the virus and my job 
    • Thank you dx and you advice is well received.    will remember about the 'quote' thing and it seems you already know a lot about this site.   RT    
    • Don't worry about the warranty. You will be covered under the Consumer Rights Act which requires that goods be of satisfactory quality and remain that way for a reasonable period of time. However, there may be a dispute as to whether the problem was caused by a defect in the glass or some outside force such as some object hitting it. You say that you have found other instances of the same thing happening. I suggest that you start gathering screenshots of those – and it would even be helpful if you could contact the people involved. Also, if you find people talking about this on the Internet then post the links here so we can have a look. If you can get sufficient evidence that this is something that is happening to people's vehicles – the same vehicle as yours not other manufacturers, then you have a good chance that you can persuade a judge that there was a defect. What is the cost of replacing the glass roof?
    • I am unsure if I have already written these points, but this thread is called general points , and unless the OP objects, here are some.   Firstly, there are two separate kinds of warning notice issued when a credit card or credit agreement is defaulted. One is for credit referencing the other is to enable the termination and enforcement of an agreement. These are completely separate entities, which may or may not apply to the same date.   The one sent to the debtor warning about the impending mention on the file, gives 28 days normally although it is an advisory notice and cannot be challenged, it does not have to be given for an entry to be made on the CRA.   The notice sent from the creditor giving notice to take action is however statutory, under section 87 of the Consumer Credit Act, it gives 14 days to pay.   A statute barr is a method of limiting the amount of time for the creditor to take an action in court. In contract law, this period is generally 6 years.   To be clear this is the maximum time allowed between, the cause of action(for simplicity the default). and the date of the action itself in court. Therefor if you PDL has had an action was brought in six years, the statute Barr no longer have any relevance.    If the case was lost it would be a debt under a judgement, not under a default, if it was won, there would be no default to record.   Again for clarity, you cannot use a default date on a credit file to sow a default notice date under the CCA 74, as said different things.   Regarding an overdraft. There is no requirement to comply to part 5 of the CCA on tacit overdrafts. This is because of a declaration made By the governor back in 1983, part 5 contains section 85.   As far as the start date for SB is concerned, section 6(not5)applies in that,  instead of a default notice the date on the first full demand to repayment is recorded and used as the cause of action, that is when the SB starts, again nothing to do wih the date on the CRA file.
    • just type please don't use quote  it makes finding replies so difficult.   they cant simply change the signs/free hours without council permission...and that has not been applied for nor granted.   sit on your hands await if/unless PAPLOC   don't forget the next stages as i'm sure you've read as you say. lots of scary letters from DCA's   remember a DCA is  NOT A BAILIFF on ANY debt ..no matter what it's type. and have  ZERO legal powers on ANY debt either   dx  
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shadrach

shadrach v's NatWest ***WON***

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Hi All

I am about to start off on the road to recovering my money...

So I need to get statements for last 6 years.

 

However already slightly confused. Have read about claiming last 6 years as a first stage. seems sensible but the S.A.R. form template doesn't seem to reflect this..or am I wrong.

Do i need to adapt it in any way. It also talks about sending £10 but people on this NatWest forum talk about £5 again do I adapt the S.A.R or should I just send the form to head office as it is with £10 as per the step by step instructions.

 

Good Start!!!!!

 

P.S. Also just changed my account from Advantage Gold to Current Plus. Will this make any difference.


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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Hi Shadrach.

 

You don't need to put in dates as you can only claim back up to six years and that is what they will send.

Enclose £10 fee. They will probably send it back to you, but if you don't include it they may well use that as an excuse to delay compliance with your request.

Stick to the step by step guide and stick to your own timetable.

 

Regards, Rooster.

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Thanks Rooster

 

I'll do just that.

 

Thanks for the quick reply...

 

Regards

Shadrach...


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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Well I have sent off my Subject Access Request letter with £10 as suggested. so it's time to sit back and read more threads... I have also, as suggested in the FAQ's, opened a parachute account.

Went for LLoyds.. for no other reason than they are next door to my Nat West branch.. opened a bog standard account and didn't even need to deposit any money...

Just had to sit through the usual chat... Even got offered an account where I could pay £25 per month for service I don't need....

Declined that one....

 

Waiting for statements in antisipation..

Back to reading about all you other guys...and girls.....


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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Ok here is an update... I sent my Subject Access request off on 22nd Jan 2007 With 40 days allowed as I understand it.. that takes me to sat 3rd march.... 2 days time... I have received statement for one account up to Jan 2000 ( I have requested 2 accounts) within a week...I received ..... usual thing I understand from other strings envelope riped apart then put in a plastic bag by the post office....

I have two days to go before the 40 days are up...

 

Did phone the lady in scotland shortly after receiving my first set of statments ( worried about missing statements, told the ones I have received were PRE and should wait for POST) but I have not been in contact since..

 

What should I do next... and when... Should I ring the Lady back She seemed nice and easy to talk to..... Some people seem to get things very quick others not.... just trying to get it right..

 

Shadrach


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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Well I had to phone scotland again and they said they don't know why the statements had not been sent, but would reorder them. finally got them wed 14th March.... Have trawled through them and found £683 in charges.

I have used the spreadsheets to work out the interest on these charges.

Comes to £93.67 so total claim is £776.67...

I have got the Prelim letter ready and attached the spreadsheet.

Just want to check I have the right address to send it to.

 

Customer Relations Unit

225 Shenley Road

Borehamwood

WD6 1TE

 

PS is there anything I have missed before I send


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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Guest NATTIE

100% correct, make sure you attach a schedule of charges

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Is that the spreadsheet?


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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Guest NATTIE

yep charge amount date etc etc

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Yes done that thanks Nattie.

I will send it off in the morning recorded delivery !!


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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Well the Bank totally ignored me I sent prelim letter 15 days ago so allowing for delivery that would give them until Monday 2nd April i.e. tomorrow.. I have my LBA ready so if I don’t receive a cheque in the post in the morning I will send that off again recorded delivery.

Just as an aside, has anyone claimed their postage cost back? If so, presumably this can only be done at court stage.!

 

Shadrach


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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I've never thought about the postage costs as part of the claim but I suppose it all adds up.I don't think I would have been brave enough to do it but let's see what other folks think:D


NatWest : £857.00 won! March/07

Natwest : Witholding my statements & adding defaults etc , S.A.R sent Jan/08

Natwest for my partner : £2,101.00 won! Feb/07

Studio Cards : Refund for admin charges £108 Won! Dec/07

Complaint made to FOS for P.P.I Jan/08

Nationwide: S.A.R - (Subject Access Request) sent for statements Nov/07 ( waiting to see what happens in the OFT test case )

Littlewoods : defaulted on CCA request Feb/07

DCA's that crawled out from the woodwork and have crawled back : 28 so far!!

My favourite link on CAG:

Click here: Can't Find What You're Looking For? Here's A Complete A-z Index - The Consumer Forums

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I have a thought that in my SAR to the bank, I said that I would claim back the £10 Data Protection Act subject access request fee, if I discovered that they had levied disproportionate penalties against me. Well I have so I’m going to claim that back.. as it is a cost to me. I am also thinking that that cost of sending letters to the bank are a cost that I would not have had, had the bank not charge me this charges in the first place… So to that end they are responsible for these costs and I should be able to claim them back as part of my costs. After all I can prove that this is a genuine cost to me and not some figure that makes me rich… Maybe I should charge for the paper and envelope as well !!! LOL….. But seriously at a £1 a time as you said It all adds up.

 

Shadrach


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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At the time when they do eventually come to settle with you , you can claim up to £9.50 per hour for all the work involved in letters and spreadsheets and getting court bundle together. So long as you are honest about what you are claiming, then you can claim for the work involved in your claim.

 

BTW where meeschac and abednigo.................. lol. Fendy xxx


NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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Wow that’s amazing.

All I want is my expense (and the money they took) but nice to know what is legitimate expense and what is not….

 

 

Fantastic fendy good to have more strings to the bow.!!!!

 

Shadrach


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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well It's gone passed the 14days since my LBA plus a few days extra, thought I would give them more time to reply as it was over the bank holiday.... I know far to kind.. the court may look favorably towards me. Anyway you guessed it no reply totally ignored me.. So I am now about to make a claim on MCOL but before I do a couple of questions. The Banks Name and address is it my branch or head office or what address?

and what do I do about the attaching the schedule of charges or do I have to send this in the post.

Have looked at the N1 form but haven't been on MCOL yet hence my ignorance...


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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Use the registered address when filing yur claim.

 

If using the MCOL route you'll have to forward your schedule seperately.

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Now that's what I call an answer!!! Nice one Deller!!! xx :D

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Thanks for that Deller. As hedgey said great answer....

I am at work now but going to get down to making my claim tonight...

Thanks for your help

By the way fendy I think the other guys are still wandering around in the fire.... LOL


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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Well I came home logged on and went to MCOL. First of all couldn’t submit my claim as the particulars of claim was way to long.. used the template. So with a bit more research on the forum I found particulars of claim suitable for MCOL. I.e. short and sweet. However I am going to claim the £10 SAR fee as I said I would in my letter to the bank and also I am going to claim a small amount for stationary and postage. So tomorrow all being well I will go to the court and submit my N1 claim…

I have also used the time to prepare my allocation questionnaire and statement of evidence.. I am going to follow the advise and use the new, Draft Order for Directions. Most of the sections are OK but the statement is the sticking point I have modified the template a fair amount as I have never had any letters from the bank or had a DD or cheque stopped.. They have just charge me £30 to put the words referral charge on my statement. That of course is after charging me £28 for being over my overdraft limit. My claim is for less than £1,500 so I am presuming that I won’t need to pay the £100 AQ fee.

 

Am I right in thinking that I sit back and wait until the court invoke the order request and then send all I have prepared, to both the court and natwest solicitors?


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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Exactly, Shadrach . The court will issue directions to you,Time now is your biggest enemy. Be patient and your day of victory will soon arrive. Good luck.


A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Thanks Parkvale

I was just saying to my wife (and This will be good for others to ponder on) I sometimes get worried about Have I got things Right????? Am I going to loss everything… if I make a mistake… Then I gather myself and say THEY HAVE TAKEN IT ALREADY…………… all I am doing is claiming back what I haven’t got.. If I don’t get it then I have lost little… court cost, stationary that it. I know its mine but until I started this process, (and only because someone else did) they had it… If I get anything back, great, but if I mess up and get nothing, then I am in the same situation as I was before I started… there is no doubt in my mind that if I win I will be donating to this site. ,

It needs to be there for others. The reassuring thing for all is to read all those other threads…


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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Shadrach, Just remember.You are legally entitled to claim back what has been taken out of your account. It's as simple as that. So do reassure Mrs Shadrach that you are on the home straight now.


A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Thanks And I will do......

The support on this site is second to none


Shadrach

 

S.A.R - (Subject Access Request) sent 22nd Jan 2007

Prilim letter sent asking for £683 + £93.67 interest Total =£776.67

LBA 2nd April

N1 filed 23rd April 8%

Claim settled in FULL £969.93 30th May 2007

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Absolutely pleasure Shadrach, :)


A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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