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    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
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Claiming beyond 6 yrs - important new information!!!


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Have just recieved 6 years worth of statements from HSBC-any one have any idea how far back their records might go and how do I request further statements? taking it its the same as original request letter almost.

Also-what do you all mean br SAR? apologies for being so thick but al the jargon and abbreviations are beyond me.Heads spinning.Any help much appreciated.

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hi standingup

 

If they are declaring that the account had an oustanding balance when closed, and that the account was closed in 1999 - they will almost definitely have details there.

Was there ever any legal/default discussions on this account?

Is this in response to a SAR?

 

If so, I would repeat the request, confirming the microfiche data is a relevant filing system, and if the data has been destroyed, you want the method of destruction, by whom, when, and if they are not willing to supply due to s5 of the 1980 limitations act, counter it with a s32 statement that they have concealed that their charges are disproportionate to their actual costs, and therefore the 6 year statute is not relevant. The Limitations Act doesnt apply to data retention so if they quote it, then the best reply is to point out their failings and re dicrect them to the DPA. Trying to use Sec 32 only shows them your limited knowledge i think. I doubt they will use that argument anyway they may just supply only six wirths presuming thats what you want, but that is a different argument.

BTW if they only provide data for six years then you might like to remind them that they have supplied data to others, me and at least two others with data over six years old in the past.

You could also support this by submitting a cca request.

As part of the SAR, you could ask for ALL information held, on any form of media, along with transcripts of any telephone calls made or received regarding you, any disclosures to or from 3rd parties in relation to any business regarding you, any legal action past or present, and if there was an outstanding amount in 1999, surely they must have information to support how and why it was outstanding?

I'm sure others on here would add to the above re wording?!

 

Pers

 

 

HTh

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Appreciate the correction Glenn - thank you.

 

Perseus

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Subject Access Request - under Data Protection Act - see Template letters they should have sent you all teh info they have on you if you send them one of these letters

 

Good Luck

 

BJ

You do have to almost 'remind/specify' what all the data is you're requesting, otherwise they tend to assume that it's just copy statements for the last 6 years that you're after!

 

 

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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You do have to almost 'remind/specify' what all the data is you're requesting, otherwise they tend to assume that it's just copy statements for the last 6 years that you're after!

 

 

P

 

this is what I'm thinking for my info from barclays. I closed the account in Nov 2001 but apparenlty they hold info going back 12 years currently. I closed that account due to the charges I was receiving. That should be around another 6 years worth of charges I can claim back then. :D

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re abbey I am still waiting for the rest of bank statements they are well over the 40 day deadline. :29 jan 07 first letter with £10.00 fee

12 feb 07 I recive statements back to 11/05 rest to follow. 13/03/07 I phone to remind that 40 day dead line runs out 16/03/07 ROY i will chase it up !

29/03/07 non compliance letter sent.

no reply. 04/04/07 i informed ICO they reply byreturn.

10/04/07 sent a failed to comply letter R/D giving 7 days to comply not a word back.

20/04/07 today went to file at court will have to wait a couple of days as short of cash.

Should i ask for bank charges for the statements i have got or wait?

or say in the year i was charged £1350.00 and times by six and live in hope.

11/04/07 I phone and lodge complaint .LYN was very helpfull.

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Hi Perseus

 

Thank you for your help. You have said to me what I thought myself....If they can tell me when the account closed and that there was monies owing, then they obviously have details on my account.

 

You asked was the account in default> Yes, I had a £1000 overdraft with them for a couple of years, however they withdrew it with a couple months notice. We were not able to pay it back in their stated time scale, and it became a debt with them that lasted a year or two I think.. Not sure if it went to an outside debt collection agency, don't think so.... will be able to tell when they comply with my SAR for my other account, as it should tell who I made the monthly payments to, but I do actually think it was direct into my Abbey account. They state that I still owed money on the account when they closed it. It would have been minimal, ie one or two pounds, eg maybe the last and final payment owed to them was £27.50 but I paid £25 per month, something like that...

 

I will re-read your post, re-mind them of their SAR obligations, and copy the wording you have suggested.

 

If anyone out there has anything to add I would appreciate knowing it....

Thank you Perseus for your invaluable help..

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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i have kept all bank statements and am surprised people just seem to throw away paperwork. Even more so now eith identity theft.

Anyway I have filed 3 claims against LLoyds and they relate to prior to 6 years and also more recently so shall have to see the outcome

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Hi beenrobed

 

Personally I would wait.

 

If you need any assistance re the wording on the claim forms, there are members here very used to submitting them.

Plus you'll get to claim your fees back too.

 

Just my opinion.

 

p

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Hi Perseus

 

Thank you for your help. You have said to me what I thought myself....If they can tell me when the account closed and that there was monies owing, then they obviously have details on my account.

 

You asked was the account in default> Yes, I had a £1000 overdraft with them for a couple of years, however they withdrew it with a couple months notice. We were not able to pay it back in their stated time scale, and it became a debt with them that lasted a year or two I think.. Not sure if it went to an outside debt collection agency, don't think so.... will be able to tell when they comply with my SAR for my other account, as it should tell who I made the monthly payments to, but I do actually think it was direct into my Abbey account. They state that I still owed money on the account when they closed it. It would have been minimal, ie one or two pounds, eg maybe the last and final payment owed to them was £27.50 but I paid £25 per month, something like that...

 

I will re-read your post, re-mind them of their SAR obligations, and copy the wording you have suggested.

 

If anyone out there has anything to add I would appreciate knowing it....

Thank you Perseus for your invaluable help..

 

You're welcome.

 

:-)

 

Thanks for the click! :-)

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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i have kept all bank statements and am surprised people just seem to throw away paperwork. Even more so now eith identity theft.

Anyway I have filed 3 claims against LLoyds and they relate to prior to 6 years and also more recently so shall have to see the outcome

 

Hi Su. I've kept my statements too and am going to go back before 6 years ago with Nationwide. I will follow your thread with interest!

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yes and yes. you can claim 6 years from the date you became aware the charges were unlawful. :)

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No you can claim charges from whenever you have or can get the statement/account info.

 

so if you have kept your statements going back over 6 years you can't claim those fees > 6 years back? but if I requested those statements and recieved them tomorrow I could? are you sure? That's not how I understood it but I've only been reading other peoples posts, I'm certainly no expert. ;)

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To try and clarify:

 

The six year period is not from now back to 2001 or whatever. The six years relates to the time after you become aware of the unlawful actions of the bank. (most people take this point as being last year's OFT report.)

 

From 'becoming aware', you have a six-year window to make a claim. ie any time up until April 2012!

 

Provided you have, or can obtain, the relevant information, you can claim charges as far back as you can prove them.

 

ie: if you have 1980's statements, CLAIM !!

 

Does that make sense?:confused:

 

D.

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I have just sent my letter before litigation to the Royal Bank of Scotland along with my schedule for the past 6 years so i am waiting there response.If now as it seems there is a possibility to claim more than 6 years how do i amend the origional claim or do i submit a new claim dating back for the other years pre 6 years ago.Also i have heard the Royal Bank Scotland has set aside 40 million to pay there customers expected charge claims.

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Scooby, do you have statements for over 6 years?

 

I didn't get anything that far back, so I'm continuing my standard 6yr claim, intending to follow up with a second one for earlier charges.

 

d.;)

 

other users have managed to get statements going back 15 years from RBS. I don't know if that is a cut off point or if they go back even further than that. see my thread here for details being collated on all the banks http://www.consumeractiongroup.co.uk/forum/general/80683-please-post-how-far-6.html#post747611

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