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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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Caro v YB - Round 2


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Ding Ding!

 

I have recovered sufficiently from round 1 when I won all the charges on my current account, court costs, and 8% interest from the date of the charges to date of settlement, and now I am starting out on round 2.

 

I have sent a SAR to my local branch asking for details of all my accounts with them, including loans, credit card, PPI and anything else I may have missed or forgotten about. After all, I finished dealing with them in 2003, so you never know. I put the letter in the postman's hand as he was collecting the post about half an hour ago, and as it had a first class stamp I will start counting 40 days from tomorrow. YB have until 9th April to comply with my request.

 

I don't honestly think there will be much on the loans or credit card, but the PPI is a different matter. I will start a thread in the PPI forum too in case anyone wants to follow my progress with that. I had completely forgotten about this until I got the statements for my current account when I started round 1, and noticed that I paid up front for it and it was added to the first loan. It was a condition of me getting the loan I believe and I had no idea I could get it from somewhere else. When I took out a second loan, which repaid the first, and added to it, for some reason that escapes me now, the same thing happened again. Now as I already had cover with PPI on the first loan, I can't see why I then had to get it again. Admittedly the loan was for a bit more, but I think I had new cover for the full amount. I also had to pay a redemption charge on both loans, but as I had a second loan to pay the first this seems a bit unfair. I do remember querying this at the time. I wonder why I didn't just get a top up loan. Perhaps my SAR will provide me with some answers.

 

Seconds Out!

 

Come on YB, I'm ready for you.;)

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks Sarah.:)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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So would I, and the scramble to get EVERYTHING together. Not looking forward to the excuses for missing items though, assuming there are some missing.:rolleyes:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well, well. I got home from work today 24 hours after posting my SAR to be informed by my hubby that YB want to speak to me. I'm guessing they want account numbers etc and I don't have any. Or they might try and say they have already settled in full. Only one way to find out I guess. Oh you can't believe how much I am looking forward to this.:p

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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OMG what a responsibility! I'll certainly do my best, and I've learnt so much on this site that I will certainly try and give them a run for their money. Well my money I suppose I mean.

 

Please everyone though, just cos I'm a mod doesn't mean I know it all. Feel free to chip in with help whenever you like.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I phoned my branch this morning and the query was regarding my SAR. They want me to take in identification and give account numbers (predictable or what). I pointed out that I didn’t believe they should need my ID as Clydesdale Bank Legal Services had been writing to me only 5 or 6 weeks ago, so I didn’t think there should be a problem with that.

 

I told them that I didn’t have account numbers for the loans etc, or the current account number on me at the moment as I was not at home. She asked when the loans finished and I told her I didn’t know which is why I’m trying to find out the information, but all my dealings with YB finished in 2003. She replied that in that case the information would be at HO, so I suggested she forwarded the request to HO. She said that she would be but they would expect the branch to get account numbers. I said I only had the current account number anyway and was surprised they couldn’t trace it from the information provided on my SAR, ie name, current address and previous address. She said if she had the current account number she would be able to find the rest. I asked what would happen if I didn’t happen to have the current account number at all, as they would still need had a legal requirement to deal with it.

 

I think she realised I wasn’t going to be easily fobbed off so agreed to try and find out without my help, but will phone again if there is a problem. I said that if that happens I will supply my current account number.

 

We’ll see if she phones me again. I have a feeling she may prefer not to. If she can’t find my information without my account number I will seek clarification from the ICO on whether they should be able to comply with simple personal details. If we had all the information we wouldn’t need to do a SAR now would we.

 

By the way, I did modify the standard SAR to suit my requirements. I deliberately left off account numbers as there may be accounts etc I have forgotten about. I certainly forgot about PPI until I saw it on the statements they provided in round 1, and have asked for all the info on that too. As I recall they wanted £5 a page for that one but were willing to do it for £50. Naturally I only paid £10 and got the statements, but no other information.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

hello caro

 

I wish to you the very best of luck with round 2 of YB - I claimed from them last

december. Just wondered if you could help with this one - I have an account with Halifax now. Last week my friend gave me a cheque for 50.00 for some work I had done - put it into the Halifax on 1st March. On 9th March got the cheque back from Halifax saying it had not been honoured - as my friend has loads of cash in the bank could not think why - went to see him- he contacted his bank - tsb - who said he had missed out a whole cheque book and started a new one with my cheque, so they thought one had been lost or stolen, so stopped all cheques from the new book. All was sorted out. In the meantime, before I knew the cheque had been stopped I went overdrawn twice on 5 march once for 5 and once for 8 pounds - now been slapped with 2 x £30.00 charges!! I am keen to challenge this with Halifax, but as I have an overdraft of £1000 which is always near the knuckle, I am fearful they will close the account and want the 1k back - which is impossible. Would really welcome your advice as you have been so clever and forthright with YB, and |I really admire you for that. Once again, best of luck.

 

Janice

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Hi janzer i suggest you phone them and explain what happened and they may be sympathetic to the situation, if they are not then you would need to complain to the FOS about it, who by the way have a 100% success rate against the banks, good luck.

The complaint to the FOS would cost the bank a lot more than your £60 of charges, so it would be in their interest to settle.

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  • 3 weeks later...

Hi Janzer and thanks for the good wishes. I hope you sorted the problem with the cheque.

 

Well, time is ticking by and all I've had is a letter informing me that they don't have to provide records of manual intervention and they will send my statements. As SARs have been on my mind today I thought I'd give the ICO a ring to see what they had to say about this. Apparently if it isn't in a suitable filing system it is true. I pointed out that I thought an organisation like YB should be expected to have a suitable system, but apparently it could be filed by a method other than by customer, like date or employee.

 

He did suggest though that I could make a complaint now, and if YB don't comply with my SAR on time, I will then have a complaint number and can add that to the complaint, so I think that's what I'll do.

 

To be fair they have got about 12 days left to comply, so I think I'll follow the advice. It's been over 3 weeks since they said they need my account number to comply and I sent them packing with a flea in their ear, so let's hope they've managed to find a way of finding my details. I have heard that some people have had letters saying it may take longer, but I haven't had that one.;)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Get back down your wormhole where you belong!

 

Only kidding. Nice to see you down here in the YB forum. I have a new thread in the Lloyds forum too if anyone is interested.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Looks like YB will not be complying with my SAR within 40 days. Nothing in the post today, bank holidays tomorrow and Monday, and they need to comply by 9th April.

 

I will be making my complaint to the ICO and using one of the letters before action for non-compliance from the bank templates library giving 7 days to comply or I will take them to court - AGAIN!! I will put it in the post on Tuesday morning

 

Will they never learn that they really are not above the law.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Very true moss. I fully intend to.;)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well, 40 days were up on Monday and I've had nothing. Given the response the ICO gave to Alki it's no wonder YB aren't worrying about being reported for non-compliance, as they have informed people they can do.

 

I'm going to think for a couple of days about how to proceed with this, although a threat of court action and complaint to the ICO are options. YB are so brazen they don't worry about what the courts and the ICO might do!:mad:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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not this bank all banks! all the damn same

 

I'm tracking you Caro, when I'm done with round1 gonna do exact same thing...

 

hey where is my signature???? someone ask a tech mod for me - previews are ok??

[sIGPIC][/sIGPIC]

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Hi Caro i know its so blood boiling stuff, the ICO respond to Alki wouldnt make any bank comply quicker especially OUR FRIENDS at the CB, what action needs to be committed by the CB before the ICO actually deal with their failures in a more serious manner.

Who governs who?

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