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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi

 

I have just began my claim. I sent off my letter asking for my charge details and £10 cheque on 26th Feb by recorded delivery and am still waiting for them to arrive, the cheque has not yet been cashed.

 

I am claiming on 3 accounts, my graduate account, my current one and a joint one. Can I claim on all three at the same time?

 

Thanks

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Hi

 

I have just began my claim. I sent off my letter asking for my charge details and £10 cheque on 26th Feb by recorded delivery and am still waiting for them to arrive, the cheque has not yet been cashed.

 

I am claiming on 3 accounts, my graduate account, my current one and a joint one. Can I claim on all three at the same time?

 

Thanks

Hello,

 

I would certaining be giving them a ring and find out why you cheque has not been cashed. Your request may have been lost in the thousand of SAR they are receiving at the moment:lol: Poor things.

 

Once they cash the cheque they cannot deny that they have received your sar and once they cash it they have entered into a legal contract with you to supply you with the information under the DPA:lol:

 

You need to be firm and do this

 

Hope this helps and good luck

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Once they cash the cheque they cannot deny that they have received your sar and once they cash it they have entered into a legal contract with you to supply you with the information under the DPAlaugh.gif

 

I wouldn't so much say it's a contract to provide the data, more a statutory requirement (which carries more weight) and you'll be pursuing them for non-compliance if they don't meet the statutory time limits.

If in doubt read the

FAQs

 

If still in doubt - ask!

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Customer Relations Unit

225 Shenley Road

Borehamwood

WD6 1TE

this is the address i sent it to marcuz.

I will phone tomorrow to remind them I'm still waiting, there are so many numbers on the contact pages, am I best to ring Customer Relations department on 0845 6052605?

Thanks for all you help

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I rang Natwest today to enquire about the whereabouts of my statements. They said they had no record of recieving the letter but as I had the proof it was signed for the customer relations unit will contact me in about 48 hours.

 

If they have lost it in the backlog they said they have, do I have to start again or do they still have to comply to the 40 days?

 

Thanks

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Guest NATTIE

no they will have forwarded it onto the Goggarburn address, but they have 40 calender days to comply so that is April. A sar is not just statements it is everything the bank hold on you.

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Guest NATTIE

firstly start a new thread for yourself, top left on the natwest forum and then you will get the address on your thread as we wouldn;t want carly to get upset that you are hijacking her thread, ok?

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  • 2 weeks later...

I recieved some of my statements yesterday, I got all of the statements for my graduate account in a non ripped jiffy bag! Then in a separate envelope I recieved statements from feb 05 to now for my current account even though it has been open over 6 years, and nothing for my joint account. Also my cheque has not yet been cashed.

Is it common to recieve statements all packaged separately or should I remind them of the rest of my request?

Also I have added up my charges for the graduate account and have just over £1000, would people advise going ahead with that claim or keep all three accounts together?

Thanks!

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Hey carly, if you have all the statements for your graduate account, I personally would suggest going ahead with that claim first. As for the missing statements/cheque not cashed, think it's definitely worthwhile ringing nat west and asking them where your statements are. However, the fact that they've already sent you all your graduate account statements looks to me as though they've just overlooked your cheque(all 3 accounts are covered by the one SAR). They're probably just a little bit snowed under at the moment............. can't imagine why!!!!! ;):D

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Also would you address the prelim to Stuart Higley or just to customer relations??

 

I think straight to the man himself:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Deffo go straight to Mr. Higley Carly!!!!! At the top of your schedule of charges, just put your name, account number and sort code. I know the prelim has all that on anyway, but stops them coming up with excuses later on!!! Don't forget to hide the 8% interest column - you can only claim this back if it gets to the court stage. Good luck, hedgey xxx ;)

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I got a theory on this. Ive been thinking. Even though we cant ask for the 8% at the outset of this process, I always think it looks good to leave the 8% on for later, but only ask for the charges only in the letter, purely so that they can see how much it will be later on if it gets to court stage, i.e. they can then see the extent of how much the interest will add to it later on if they dont settle at Prelim or LBA. Im not advocating do it, but if I was doing it myself over again, I would leave the column in showing the 8% purely so they can see potentially what it might cost them if they dont settle before court. Sort of an incentive for early settlement so to speak. But so long as in your letter you are only asking for repayment of charges. Where can the harm be in that ? Fendy xxxxxxx Just a thought.

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Never thought of that one honey - maybe we should start advising people to leave it in just for the sheer hell of it!! Might make crap west pay up at prelim instead of lba or court!!!!!!!!! xxx :D :D :D

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Ooooooooh........... he might be one-handed again Fend!!!!! :eek: :eek: :eek:

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You can see it though can't you honey????? ;):lol:;):lol: Hey Nattie - we know what you've been doing!!!!!!! :D

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I added these paragraphs to my recent prelim letter. Like you say it might frighten them into coughing up.

'We believe that the charges you have levied of £1540 far exceed any true cost to yourself as a result of our breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of our breaches, in order to reassure us that your charges really do reflect your costs.

We really hope that this matter can be resolved amicably and without the need for redress to the courts. Thus we are asking that you refund the charges which have been levied on our account. Plus as we believe we have been unlawfully deprived of the money we have calculated £769.28 interest at the statutory rate of 8%, pursuant to section 69 of the County Court Act. This amount is what we would ask the court to award. As you will be undoubtedly be aware this amount will continue to accrue at the statutory daily rate of 0.021% until judgment or earlier payment.

We therefore ask you reply the full amount of £1540 as full and final settlement.'

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Kopite you're a star............ I'm nicking that for my LBA!!! xxx ;)

Can't find what you're looking for? Please have a look at Michael Browne's

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