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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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Claiming beyond 6 yrs - important new information!!!


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I have read with interest I am a new member, successfullly claimed back from First Direct £1500 (no interest). I now wish to make a claim against Halifax and Citicards,can anyone help?:confused:

 

 

Hi sarah_jane.

 

I think that you should start a new thread of your own.

 

it makes it easier for folks to follow and add their comments.

 

Welcome! And good luck!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Hi Bunnie here, I am new to this site so I hope I get this right, I have statements going back to 1994. I put in a claim with Barclays Bank and they came back with a settlement offer, I called them to negotiate a deal because the amount was no where near what I am claiming, It turns out that the bank will only go back 6 years so to 2001. The chap asked me where I was getting my figures so I said I have statements going back to 1994 he said ah we calculate only back 6 years and said it wasn’t set by the bank as to how far back anyone could claim it was the government. Is this true and how do I claim back all my charges back to 1994? I hope all that makes sence.

 

Thanks in advance for any advice

 

Bunnie

 

Hi Bunnie,

 

Section 32 of the Limitations Act 1980 states:

 

32.--

· (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-

· (a) the action is based upon the fraud of the defendant; or

· (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

· © the action is for relief from the consequences of a mistake;

· the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

· (2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . .

(5) Sections 14A and 14B of this Act shall not apply to any action to which subsection (1)(b) above applies (and accordingly the period of limitation referred to in that sub-section, in any case to which either of those sections would otherwise apply, is the period applicable under section 2 of this Act).

 

This is what we use to keep claims in the primary limitation period. However it is not just a case of adding this into our Particulars of Claim and expecting it to get allowed. We need to argue this should apply and the arguements are that we beleive the Banks have deliberately concealed this information from us or the other arguement is that we mistakingly pais the charges believing them to be lawful. You will need to read up on this if you are going to attempt a claim like this. This thread from the start is a good place to start.

 

Also look here:

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/33005-bong-hsbc-contractual-interest.html

 

also here:

 

http://www.consumeractiongroup.co.uk/forum/general/3598-do-you-have-charges.html

 

Also here:

 

http://www.consumeractiongroup.co.uk/forum/general/66227-limitation-act-1980-s32.html

 

Tanz

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Hi all

can anyone tell me please what the authorised borrowing rate is for the cooperative business bank, decided to alter my POC to include unauthorised and authorised as well as county court act 8% but because I was only ever charged unauthorised dont know what the authorised rate is... Many Thanks...GC

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Hi all

can anyone tell me please what the authorised borrowing rate is for the cooperative business bank, decided to alter my POC to include unauthorised and authorised as well as county court act 8% but because I was only ever charged unauthorised dont know what the authorised rate is... Many Thanks...GC

 

It is 4% above base rate at the time! ;)

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Hi All, I am at mercantile court for directions hearing on thurs for my claim against a&l for pre 6yrs, i have got some case law and sec 32 together, hopefully i wont need it.

 

Jenny

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The very best of luck, Jenny - be sure and let us know how you get on - I'm following you to court for a pre-6 years case hopefully soon. We're rooting for you! :D

 

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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By people refering to it as 'pre 6 year' case would I be right in assuming it is best to get the initial 6 year claim out of the way first and approach the next as a seperate matter, rather than doing it all at once?

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By people refering to it as 'pre 6 year' case would I be right in assuming it is best to get the initial 6 year claim out of the way first and approach the next as a seperate matter, rather than doing it all at once?

 

Hi Wayne

No it is best to claim all in one claim. Keep your pre 6 year claim intact with the rest of your claim. You will have to use the limitations act S32 and i think its the utcr 1977 to argue your claim and it may take a little longer.

The reason for not seperating the claim is if a court looks at pre 6 years Only, its harder to argue it and possably get it thrown out if not presented correctly, added with post 6 year charges, it cant be thrown out even if not presented correctly as your other charges claims are safe if you follow the correct procedures.

good luck

 

Celicaman

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Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

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HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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By people refering to it as 'pre 6 year' case would I be right in assuming it is best to get the initial 6 year claim out of the way first and approach the next as a seperate matter, rather than doing it all at once?

I've kept all my claim together, which is recommended. Anyone got any suggestions to sway the judge? I am trying to put a "script" together incase the judge wants me to fight the sola.

Jenny

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Update

25th June 0207

 

Just put in a final call to HFX before enforcing Data Protection Act non-compliance. Very nice lady gave me a case reference number and acknowledged several times that 'yes Mr Mac, this has been going on a very long time now and we need to get it resolved'.

 

She has taken this action for the missing credit card statements, but appears to believe that they have already fulfilled all their requirements on the current account side by providing 6 years (probably what they are trained to say).

 

My take on this is that it is pointless me arguing the toss over the pre-6 years business with her. I am disagreeing with the Halifax coprporate viewpoint and intend to press them for the whole lot.

 

Therefore, I should still file an N1 and make a complaint to the commissioner regardless of this conversation; something I only viewed as a courtesy call anyway.

 

Thoughts would be greatly appreciated - if only to help me clarify things in my head!

 

Cheers

Mac :D

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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Right. :| I've calmed down now and been doing a little thinking. I've had several disjointed and inappropriate responses from the HFX now, so I think that what's needed is a further written response to focus their minds and get the attention of the right people 'higher up' (the ones that are shielded by the call centre 'cannon fodder').

 

I've decided to prepare an 'interim' letter - one designed specifically for a '+6 yr' action, that would go in between a LBA for a Data Protection Act non-compliance action and the litigation itself. I know some of you would say 'just file for court' and I am prepared to accept that advice too, if I receive a good enough reason from you guys not to send the following. I'm also not massively time-focused with this, as I've never budgeted for having the money back so I'm not missing it.

 

I'ts a reworked version of a letter composed by ZootScoot, so much credit due there - I've modified it and a draft is below for your comments (and it would be especially good, ZootScoot, if you could feedback too if you see this :D).

 

I think that there is a gap that this letter could fill in exactly the situation Dusary and myself find ourselves at the moment. We both need to get off this lunatic merry-go-round of dealing with unempowered call centre staff and receiving nonsensical standard letters; and focus on getting ourselves in front of decision-makers who understand the implications.

 

I've entitled it a 'response to partial disclosure':

 

To the Data Controller (important - not dear Sir/Madam etc.)

 

cc. Compliance Dept. (this bit is important too - suggest you make a second copy and address it to this dept.)

 

Data Protection Act 1998

Subject Access Request - Response to Partial Disclosure

 

 

Current Account no: xxxxxxxxx Credit Card Account no. xxxx xxxx xxxx xxxx (and predecessors)

I sent a request under s.7 of the Data Protection Act 1998 on 30/03/2007, accompanied by the appropriate fee, which was subsequently cashed by yourselves. I received some of my personal data on 04/06/2007. This comprised current account statements dating from account closure back to XX/XX/2000. My current account was opened on XX/XX/1987. To date, I have seen no statements whatsoever for the credit card.

 

I would like to remind you that your obligation under s.7 is to supply all data held by your company irrespective of the age of such data. If you contend that you do not hold such data before a given time, please could you confirm this by providing the relevant certificate(s) of destruction for the data I require?

 

Please note that I am not prepared to accept any ex curia representations regarding the Limitations Act 1980 or any other legislation, given in explanation of any incomplete delivery of the information I originally requested. (feedback on this bit please -my objective here is to restrict such arguments to court and show that we will not be fobbed off with their pseudo-legal twaddle - as far as I am aware the requirement is for all the data they hold about you, in the absence of a good legal reason as to why not)

 

I would also point out that as a Data Controller you are required to fulfil your obligations within 40 days of the receipt of request. The time period for compliance in this matter expired on 10/05/2007. As of the date of writing, you are now 47 days out of compliance.

 

In addition to the statements, I also require copies of any additional data held about me by your company. However, as a gesture of goodwill to allow you sufficient time to comply, I shall extend this time period for a further N days.

 

If you fail to supply me with the remainder of the data that you hold prior to XX/XX/2000 for the current account, plus the complete set of credit card data within this period; together with any additional data you hold, I shall commence court action to enforce compliance immediately thereafter. There will be no further discretionary extensions, nor any further direct communication from myself.

 

In addition to the above action I shall also make complaint to the Information Commissioner (if you haven't done this already) regarding yours and your organisation's abysmal performance in the exercise of its responsibilities under the Data Protection Act 1998.

 

I look forward to receiving your response.

 

 

Yours faithfully

etc.

(cross-posted in my thread too, if Mods don't object) :D

 

Please let me know thoughts..

Mac

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  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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:???: I wanted to introduce myself and hope this is the right thing

 

I've been told I may be better off joining this thread as I've got six years years in charges but have been promised another five (and hoping to hassle the Halifax until I get them) or with the help of the FOS from 12th July (as they have not complied with the Data Protection Act) - the Information Commissioners Office have been informed

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Welcome Lizzy :D

 

You'll find pretty much the same crowd here as in Dusary's thread at the moment actually! Good luck with your claim and try and find the time to work through this thread from the beginning - I know it's long, but you don't have to do it all at once. ;)

 

We're working on and discussing various strategies and you're more than welcome to join in! For more general discussion it might also be worth you starting your own thread in the Halifax forum if you haven't done so already.

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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I had an account with natwest about 9 years ago which was passed onto to moorcroft which I paid in full about 4 years ago, would I be able to claim back these charges. Who do I write too for my old statements, moorcroft who I paid or Natwest.

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Guest Battleaxe

You will have to establish who actually owned the alleged debt, Moorcroft or Natwest?

 

It might have just been passed to Moorcroft for collection, if that was the case, you go after Natwest. If Moorcroft bought the debt, you go after them.

 

SAR Moorcroft and ask for everything including the Deed of Assignment and the Letter of Assignment. In the SAR ask them for all the statements, because they will have to get in touch with OC for these if they don't have them.

 

IUt wouldn't hurt to SAR Natwest at the same time asking for the Statements and a copy of the Letter of Assignment to Moorcroft if the sold the debt. try a two pronged atttack and you will eventually find out the true owner of the alleged debt.

 

if Moorcroft bought the debt and hide behind the Law of Property Act, it wont work because the CCA overrides the Law of Property Act in consumer issues.

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Thanks for your help, I will try and give it ago but all sounds very complicated. Where do I find the template S.A.R. letter?

 

 

Hi manilowfan,

 

 

Try this!

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/96518-data-protection-act-subject.html

 

 

Best wishes, Jeff.

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Good news -

 

I thought when I saw the pile from the postman. - 25 envelopes from the Halifax, all containing statements but when I looked they were statements from the same dates as those of the list of charges they had already sent me a few weeks ago ie. 2001 to 2007 not 1995 to 2001 as they promised and to which they checked and told me I was entitled to with the £10 cheque(I already knew this but I am not really sure if she did to be honest) .

 

I have all the information to send the Prelim letter from the beggining of 2001 to 2007 would you suggest I do this and see what I should do when I receive the statements from 1995 to 2001 as I am due to re-submit my complaint to the FOS on the 12th July and if I haven't had my statements or no joy with the Prelim letter, let them deal with it at the time or take instructions from them.

 

I would welcome anyones advice.

 

Halifax are obviously not doing their share in saving the plant when they are sending out so many duplicate statements and they must have so much extra money to burn that they can send out all these statements in different envelopes with a postage charge for each - postal workers may get a pay rise soon.

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Lizzyd

If you intend to claim your pre 6 years charges, i would keep your claim intact with the post 6 yr charges.

If you claim pre 6 years on their own, it could be thrown out if the bank argue the limitations restictions. When it is together with post 6 years they cant apply to have claim struck out for limitations reasons as part of it is within those and the court wont break the claim up into seperate areas.

 

Celicaman

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Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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This is an ironical one.

 

No statements again this morning and when I phoned the Halifax the girl I spoke to said the usual - eight weeks, so I said the usual - let me speak to a manager or someone who is in some authority. When he come to the phone I told him that from the 3rd April I had been wanting and writing for my full banking history and all I had got since then was charges from 2001. He asked me my sort code and account no and told me that he would get the statements done as a matter of urgency but they had obviously been put into the wrong pile as most people want their charges as they can get their last six years only for free. He said it would be slower because HE WOULD NEED TO SENT UP AND THE RECORDS WOULD NEED TO BE PULLED OUT AND CHECKED AT THE BANK OF SCOTLANDS RECORD OFFICE - WHEN I TOLD HIM I WAS WITH THE HALIFAX HE COULD NOT HAVE BEEN MORE APOLOGETIC (SO MUCH FOR THEM CHECKING AT THE TIME I WAS ON - HE WOULD HAVE KNOWN THEN).

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The problem I find is around follow-up, You rarely if ever get to speak to the same person twice and it seems they rarely bother to update call notes on screen. Or am I just unlucky? :cool:

 

Good luck anyway, Lizzy..

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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