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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Jay vs NatWest


JayC82
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Hi folks,

 

I'm new to this site. Just hoping for some help.

 

In November 2006 I wrote to NatWest and sent a cheque for £10, in request for the last 6 years of statements from my account. They wrote back to me before their 40 days to respond was up and stated that, as I'd written from an address different to that on the account at the time, they needed me to go into a branch and confirm my current address before they could send me the statements. Fair enough, I thought. They also confirmed that they had cashed the cheque for the statements.

 

The 40 days was up on December 31st, and I've heard nothing since. The letter did not have a contact phone number on it.

 

I asked in a branch what to do and they said the statements should automatically get sent out anytime. So I waited, and nothing.

 

Since then I've had a lot on my plate and keep meaning to get back onto this but then something comes up and I forget to persue it.

 

Now I've just had my car break down, 3 MONTHS after buying it from carcraft (first mistake I know!) and now have a £3k bill for a new engine. So getting tis money back has become essential rather than something of a bonus to me.

 

Any help on what to do next is much appreciated. :)

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Jayc82,

Have a look at these,http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ .Sorry to hear about your problems. Its your money obviously better in your pocket than theirs. Plenty of help available here. 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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I've just written the following:

 

Dear Sir or Madam:

On the 17th November 2006 I wrote to yourselves to make a Data Protection Act disclosure request in relation to my account, XXXXXXXX. I have enclosed a copy of the original letter for your review. At the time of sending the original letter to yourselves, I enclosed a cheque for £10 to cover the request. I later received a response regarding my request which informed me of the need to confirm my address with my branch before any statements would be sent, and which also confirmed that my cheque had been cashed as payment for my statements.

I confirmed a change of address with yourselves and waited patiently. Unfortunately, no statements have been forthcoming, and we are now 130 days from the date of the original claim.

Since the original 40 days in which the bank must issue my statements has passed, as of December 27th 2006, I am writing to request delivery of the statements ASAP, and do not think I am being unreasonable in allowing 7 days for this before making an official complaint to the Information Commissioner’s Office for a breach of DPA and also raising an official complaint with yourselves.

Sincerely,

James Carter

 

I'm writing to the big Headquarters in Leeds as that's where my account is held and also where I wrote my original letter to.

 

Does that sound ok to send?

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Hi Jay - SAR's should really be sent to the Edinburgh address (livelylad has a stickie on this just above the main threads). I'd be inclined to send this letter to Edinburgh, but c.c. your own branch in if you've already been dealing with them on the DP stuff. You'll probably get a much quicker response from Edinburgh though. Good luck, hedgey xx ;)

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Try this address Jay:

 

Retail Regulatory Risk

2nd Floor

Cornerstone

60 South Gyle Crescent

Edinburgh

EH12 9WF

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Yesterday I sent my letter off to Edinburgh and also a copy to the Leeds head office. Sent via recorded and also enclosed a copy of my original letter.

 

Will let you know how I get on guys!

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Onwards and upwards now for you Jay. 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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  • 2 weeks later...

Well folks, I've had nothing from Natwest. Nothing at all!

 

Feel like they have shown me complete and utter contempt. They send out the statements for everyone else but I can't seem to get anywhere!

 

I'm giving it til the end of this week then if nothing happens I'm reporting them to the info commissioner's office. But even after I do that, how do I get my hands on the bloody statements?

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Jay,

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html. this should get you your statements.They have to answer to the info commisioner. 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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This thgread seems to be typical of weay that Nat West treat their customers-when thing go well they cannot do enough for us but when things turn against them then they become aggressive and treat you like something that you have trod on.

 

Go with the non compliance angle Jay-let them see that the worm has turned.

 

Also they are faced with a court case themselves this week so the outcome of that could have a huge impact on the claims.

PPMAN159

 

If this comment has helped please click on the scales.

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Thanks folks. Do I go straight to the Template 3 letter seeing as 40 days passed 3 months ago and I've now also given them a further chance to send me my statements?

 

They need to know I'm not going away!

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I would-they have cashed your cheque so this means that they have received your original request so why give them any longer?

PPMAN159

 

If this comment has helped please click on the scales.

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:) Hi Jay

 

Whilst I agree that NW have TOTALLY breached the DPA here and that you are now in a position to sue them for non compliance etc....presumably what you really want is your darn statements!

 

Give this number a call, 08456052605, I and many others have had success chasing up statements with it. The staff are usually helpful, my business statements took 5 months to arrive, till i chased them up.

 

Hope it works, good luck

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Hi Katie, thanks for your help. Unfortunately me not having phone banking set up means they couldn't help on that number but they did put me through to a very helpful girl at Leeds Banking HQ (my branch) who promised to track down and if need be re-order my statements, and call me with an update on Monday :)

 

She said they may need proof of the £10 being cashed but I said they can take it out of my account again if need be and I will reclaim it later, rather than be held up trying to find a statement to prove the tenner was cashed (it was done from my mum's account as I have no cheque book!) so it looks like progress is being made! Yay!

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Hi Katie, thanks for your help. Unfortunately me not having phone banking set up means they couldn't help on that number but they did put me through to a very helpful girl at Leeds Banking HQ (my branch) who promised to track down and if need be re-order my statements, and call me with an update on Monday :)

 

She said they may need proof of the £10 being cashed but I said they can take it out of my account again if need be and I will reclaim it later, rather than be held up trying to find a statement to prove the tenner was cashed (it was done from my mum's account as I have no cheque book!) so it looks like progress is being made! Yay!

 

Thats weird, I didnt have phone banking set up either?:confused: But if they put you through to someone helpful, then thats really good news.

Did they offer to send your statements for a fiver?

 

Hope you get them soon :)

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