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    • Hi   I have a conference call with the solicitor on Friday and will raise the issue of quantum then   UU were advised in December of last year that our plans were to employ a specialist to look at the land and produce a report and we invited their comments. Our last correspondence via our 'employed' solicitors was back in January and UU issued a final letter saying that they were happy that there was no contamination based on the fibre reports that had been issued and they did not take responsibility for any delays that were being caused.  Our solicitor at that time followed that letter up quetsionning how there could be no contamination based on the fact that asbestos cement had been found lying on the land but UU did not respond to her even after she chased it.  They went on 'radio silence' and there has been no direct discussion since with UU.  At that time she advised that we proceed through our legal expenses cover as they were not responding to her letters and she anticipated escalating costs based on their refusal to reply.   We have not had a survey carried out as our Solicitors are relying on Environmental Health to produce this as mentioned earlier.   I have involved our MP in the matter and he got the HSE involved again but their position was that the matter had been dealt with by the contractors regarding the breaches and they described it as a one off incident so closed their file.   There were a number of disciplinary actions taken within the teams and new procedures were implemented.   He also contacted UU with our concerns and they replied with an almost carbon copy of the final letter sent to ourselves back in January.  They claim that they are acting within the Waste Framework Directive in that a decommissioned pipe may remain in 'situ', however, as the pipe was substantially damaged this does not apply but this is what they are sticking to.  Our MP has offered his assistance moving forward should we need it but we haven't asked for his involvement any further at the present time.   We are in Cumbria and although my husband and I have discussed it we have not contacted the press although we do openly talk about it to anyone who wants to listen.   At the present time we are not looking to speak to the press but if we decide to do so I have numerous videos and photographs of all the works and also a recorded conversation with the SHEQ manager of the contractors who openly admits that there were breaches.   Thanks  
    • I couldn't send it through paypal as they say -    Donations to this recipient aren't supported in this country
    • Exactly, I hope that I can witness its closing down in the future years.  I just sent through a donation. It is not much, but I hope you won't mind 😛
    • I received the Notice Of Discontinuance this morning from E Shoreman-Lawson for Elms Legal, on behalf of VCS. Thanks again for all assistance and encouragement. There is no doubt that this site is providing a service to the underdog and I will certainly be making a donation. I will also upload anything from my exhibits that may be useful for others, in particular the DVLA audit of compliance in which VCS do not fare well. Although yesterday was a bit of an anti climax, today I am taking comfort from the fact that at least this case has cost VCS money.
    • In any case let's be optimistic for a minute and say "prove I'm the driver" is a good defence point.  The problem is that if the judge doesn't agree you immediately lose the case.  "Prove I'm the driver" needs to be one of several points.   1.  Locus standi.  NCP are not the landowner.  You do not believe they have the right to bring this claim.  You requested to see a contract with the landowner giving them such a right by way of a CPR request and their solicitors refused to do so.  Exhibit BW Legal's letter.   2.  Suing the wrong person.  Your "prove I'm the driver" point.  (Obviously this will have to go if you admitted being the driver to NCP).   3.  Insufficient signage.  Tiny print.  What LFI wrote in post 29.   4.  Planning permission.  You do not believe their signs have planning permission which is a criminal offence.  You requested to see such permission from their solicitors but the solicitors refused to do so.  (Have a look at the WS in post 123 of EL21's thread  https://www.consumeractiongroup.co.uk/topic/430570-vcs-2vanishing-windscreen-pcns-now-claimform-brook-retail-car-park-ruislip/page/5/?tab=comments#comment-5130039  You can adapt point 41 of this WS).   5.  De minimis.  The incident happened four years so you are unsure what happened.  It's possible you paid but you input your registration number wrongly.  You put NCP to strict proof you didn't pay.  Paying but getting a single digit of the registration number wrong is de minimis.   6.  Unreasonable conditions.  In any case NCP deliberately make it difficult to pay so they can issue PCNs.  No cash.  Card payment which often doesn't work and they do nothing to fix.   7.  Unicorn Food Tax.  (You can use nigh-on verbatim points 45-53 of EL21's WS).   As dx says, you're a Litigant in Person so you don't have to write in legalese.  When you have time, post up a first draft and we'll take it from there.    And please answer about how NCP suddenly started to write to you personally.
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help, response from first direct, confused!?


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Hi,

I sent the 1st letter off requesting all my charges from first direct along with the £10 fee, ive recieved a letter back with my £10 sent back to me! saying along the lines that they are unale to proceed with my request as they do not have my signature on file!! im told that i now have to call them to verify my account!! the letter goes on to say that all the info is contained in my account statements, the bank only retains info for the last 6 yrs etc. The letter then goes on to say that all info will be provided free of charge and will be sent to me via a courier, my signature will be needed to ackowledge reciept.

My query is, that it is now past the 40 days since i 1st requested my charges. What or where do i go now, do i ring them to request this or do i go straight to the non complience letter after 40 days bearing in mind they have returned my £10 fee???

 

Many thx in advance to anyone who can help with this :)

 

Steve

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Hi,

I sent the 1st letter off requesting all my charges from first direct along with the £10 fee, ive recieved a letter back with my £10 sent back to me! saying along the lines that they are unale to proceed with my request as they do not have my signature on file!! im told that i now have to call them to verify my account!! the letter goes on to say that all the info is contained in my account statements, the bank only retains info for the last 6 yrs etc. The letter then goes on to say that all info will be provided free of charge and will be sent to me via a courier, my signature will be needed to ackowledge reciept.

My query is, that it is now past the 40 days since i 1st requested my charges. What or where do i go now, do i ring them to request this or do i go straight to the non complience letter after 40 days bearing in mind they have returned my £10 fee???

 

Many thx in advance to anyone who can help with this :-)

 

Steve

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Guest Niklowe

I would send them a letter giving them seven days to send you the list of transactions

 

Look in here and adapt one to suit.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Also inform the information commisioners office.

 

The banks are absolutely snowed under with claims at the moment, but I expect you will get the list of charges very quickly after you send the letter

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It wouldn't hurt to give them a call and remind them of their obligations under the data protection act. If that doesn't get a response then go for a non compliance letter. Also worth pointing out to them that their loss of your signature from their files could be seen as a breach of the data protection legislation to keep your data secure. You could ask them to investigate this matter!!!

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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Hi,

I sent the 1st letter off requesting all my charges from first direct along with the £10 fee, ive recieved a letter back with my £10 sent back to me! saying along the lines that they are unale to proceed with my request as they do not have my signature on file!! im told that i now have to call them to verify my account!! the letter goes on to say that all the info is contained in my account statements, the bank only retains info for the last 6 yrs etc. The letter then goes on to say that all info will be provided free of charge and will be sent to me via a courier, my signature will be needed to ackowledge reciept.

My query is, that it is now past the 40 days since i 1st requested my charges. What or where do i go now, do i ring them to request this or do i go straight to the non complience letter after 40 days bearing in mind they have returned my £10 fee???

 

Many thx in advance to anyone who can help with this :-)

 

Steve

 

Just ring them, they will verify you that way. Just ask for a copy of charges to be sent and they will do it free of charge. No need to put in writing!

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Guest Battleaxe
Just ring them, they will verify you that way. Just ask for a copy of charges to be sent and they will do it free of charge. No need to put in writing!

 

 

It is VERY important that everything is in writing. never speak to them on the phone. We all have learnt from experience that they say one thing and then deny it.

 

You send the non-complaince letter and then if they ignore that you notify the Information Commissioners Office and file for non-compliance through the courts.

 

You need more than the charges, you need all the documentation they hold on you.

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SJ & CJ

 

Ditto what Battleaxe says. Get everything in writing. They will be able to send your notes (notes on manual intervention, telephone calls). I got mine from FD so it's not difficult for them. Good luck

Claim against First Direct - WON - 29th March 2007

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  • 5 months later...

Hi all,

ive finally got a list of my charges back from FD totalling around 2,800 ive read the bank templates 1st letter asking for monies to be paid back to once i have a total, it says in this template that ive too include back dated interest. I was under the impression that i was not to include the interest on the 1st time of asking. Which is the case include inierest or not??? please help.

 

Thanks in advance of any advice :-)

 

Steve :-)

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Hi all,

ive finally got my total charges from First Direct totalling around £2.900 ive looked at the templates for writing the next steps and the wording in the 1st premlinary letter asks the back dated interest as well. I thought we couldnt or shouldnt ask for this untill a later date if it drags out. So whats the correct procedure to add the interest at the start or not??

 

many thanks for any help with this

 

Steve :-)

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Don't worry this is a common cause of confusion :) There are two types of interest Overdraft interest and Statutory interest.

 

Overdraft interest is interest that the bank have charged you on the portion of the overdraft (or loan) that is charges i.e. they charge you £30, this gets added to your balance and then they charge you interest on it.

 

Statutory interest is interest the county court add on as a form of recompense for not having your money for X months/years this is the interest you don't add on during the preliminary stages.

 

pete

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Hi pete :-)

thanks for your reply :-) but i think having a very bad thick moment ere about this LOL!! So to clarify, im about to draft my 1st letter requesting my charges of approx £2,900 back and i also include an added amount of what the loss of interest would have been on this amount of money, had it stayed in my account using the spreadsheets provided? what the courts add on (if it goes that far) is kinda componsation amount, but in short i ask for my intial amount plus the loss of interest at this early stage?..

sorry for asking what maybe daft Q's but just want to get this rite :-)

 

Steve:-)

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Hello Steve

 

Do you know what the % is on your unauthorised borrowing?. You add this figure to each charge, as it is what they have charged you. The 8% is only added at the court stage, if you are not claiming the unauthorised rate. It's one or the other, you can't claim both.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi again,

thanks for the help :-) i dont know what the % was on my charges so i assume i just ask for the total amount of charges back at this stage (being my 1st request) on the template letter it says that im to include a schedule of charges i assume this is the same as the excel speadsheet used to work out the backdated interest but just blank out the amounts of monies in the final cloumn?

thanks again in advance for any help ... havin a bit of a thick moment i reckon LOL just want to get this right :-)

Steve :-)

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Hello Steve

 

Do you know what the % is on your unauthorised borrowing?. You add this figure to each charge, as it is what they have charged you. The 8% is only added at the court stage, if you are not claiming the unauthorised rate. It's one or the other, you can't claim both.

 

Hi again,

thanks for the help :-) i dont know what the % was on my charges so i assume i just ask for the total amount of charges back at this stage (being my 1st request) on the template letter it says that im to include a schedule of charges i assume this is the same as the excel speadsheet used to work out the backdated interest but just blank out the amounts of monies in the final cloumn?

thanks again in advance for any help ... havin a bit of a thick moment i reckon LOL just want to get this right :-)

Steve :-)

 

Hi Steve.

What UK is saying is that if you are adding interest at unathorised rate, you have to add it from the start.

If you dont know what it is/was, its not a good idea to guess.

Therefore, go for stat 8% which you only add on when filing at court.

Good Luck.

 

P.S. I have a continual thick moment. It scalled life.:lol:

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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hi again,

right got it !! :-) one other query then i done and up and running i hope!! LOL it says on the template that i am including a schedule of charges is this simply a list of all the dates and amounts and charges filled out on one the example spreadsheets provided on the template page?

many thanks again for all of the help on ere :-)

Steve :-)

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hi again,

right got it !! :-) one other query then i done and up and running i hope!! LOL it says on the template that i am including a schedule of charges is this simply a list of all the dates and amounts and charges filled out on one the example spreadsheets provided on the template page?

many thanks again for all of the help on ere :-)

Steve :-)

 

Steve.

If you get an extra 5 minutes when doing your SOC (schedule of charges)

include the reason for the charge.

I have not read a defence yet where the banks dont try to use this as a delaying tactic.

 

EG>Instead of

11/04/2007 £ 30

Try

Unpaid direct debit 11/04/2007 £ 30

Or whatever the charge was for.

Keep us posted.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Tonycee is right. You have to include the description of each charge as it appears on your statements. If you don't include this the banks often will ask for a detailed description further down the line. Just saves time if you do it now!

Good luck!

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4 Threads merged please stick to this thread.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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