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    • Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
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Homer J v YB - ANOTHER ONE BITES THE DUST !


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Well you may have read through other peoples posts that my partner and I are in the process of reclaiming some charges from the Yorkshire Bank. To briefly outline the story so far:

 

DSA = Data Subject Access

ICO = Information Commissioners Office

 

Wrote to bank asking for a DSA.

Response - no can do

Spoke to bank to discuss DSA

Response - still no can do

Letter confirming this and cheque returned.

Spoke to ICO - was told to put copy transactions rather than Statements

Letter to Bank to request copy transactions

Complaint lodged with ICO.

Estimated Charges guessed by us and court claim started.

Still no response from bank after 40 days

ICO spoke with bank - no response after 14 days

Contacted ICO - ICO advised they would make contact with bank

Bank contacted me to say they would give copy of transactions within 7 days

Bank Acknowledge and Defend Claim. Instruct external sols with list of transactions.

Copy Statements for one account and not other 3 arrive on doorstep 7 days later.

Correspond with solicitor having seen defence filed and sols ask for 1 month stay.

Still waiting copy statements from bank for other accounts.

 

So this is where we are today - our one month stay officially ends over the weekend and I am told by the solicitors that an offer is in the post. The offer has transpired to be less than the actual charges applied against our account 4 years ago, no offer to reimburse court fees or anything - another delay tactic! Do not go there if anybody else gets this far!

 

I have told them that we are unable to accept anything less than the actual losses incurred and gave them until close of business today to make that offer to avoid a court hearing. No response so it now seems as though we are going to have to go to court.

 

Maybe we will be the landmark case? Anyway, I am really looking forward to it and I know that we have the sufficient ammo to argue these punitive and unlawful charges.

 

I will keep you all posted on how it goes.

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Blimey. When you say 'going to court,' do you mean you will be raising the claim on Tuesday? If so, then it is a fair bet that they will settle quite soon.

 

But anyway, good luck...you are obviously very determined to get your money back.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Blimey. When you say 'going to court,' do you mean you will be raising the claim on Tuesday? If so, then it is a fair bet that they will settle quite soon.

 

But anyway, good luck...you are obviously very determined to get your money back.

 

The banks sols asked for a 1 month stay, I agreed as I thought the sols had realised what a mess the bank had made of all this. We have failed to reach an agreement as their offer was about 50% of what I needed to claim my charges back and court fees. I now have to write to the court and say that mediation has failed and I want a hearing!

 

I am determined and I really think that they want to go for it. I did put in my last letter to them that I was not afraid to be the landmark case should they proceed to gain an actual judgement - which I am not.

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I think that they have shot themselves in the foot. You indicated that you would raise a claim, they requested a stay, and you granted this to them. As far as the judge is concerned (assuming it does get there) you have been more than reasonable, have acceded to all requests for more time, and have explored every avenue to settle without recourse to court.

 

I think they should just cough up now, and save embarrassing themselves further. But good luck nonetheless.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I think we stand a good chance too.

 

I just hope that their legal eagles dont start baffling us with all the legal jargon. I guess, I will just have them to get them to explain everything if they do!

 

I have a few points that I want to focus on and I know its all about getting the judge to side with you over the other party and believe I can do this with

 

Failure to comply with DPA

Failure to supply information required

The fact that they have admitted that the charges they applied were pre-estimates of losses and not actual losses.

The whole contractual law and liquidated damages argument too.

 

I have supporting letters from others where they are still refusing the DSA requests to their customers.

 

I hope that I can paint a very nice picture.

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Cool! Go get 'em Homer. I would have thought that if they try and baffle you with legal jargonese, any reasonable judge should ensure that you are able to understand them. Not quite the same I know, but my son was recently a juror on quite a big case, and the judge explained everything to the jury so they understood all of the legal side. We await with bated (NB Spiceskull) breath. :rolleyes:

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Good lad, get bloody stuck into this horrible, disgusting lot!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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The judge wont allow them to confuse you, he/she will explain everything to you in layman's terms. In fact in my experience of self-representing (it was actually in a family law case) the judges get really narky with solicitors/barristers who try to get the upper hand by using legal jargon.

 

I dont even think it will get that far though, I think they will settle before you get there.

 

Good luck

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FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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I'll not be far behind you fella. They're already 3 days past the last deadline i gave them, but they have now said they will get back to me but need more time. i am giving more time in the hope it works for me should the case go to court. i will be taking paperwork and fee's to court next monday at 9am if i haven't heard from them by then!

Up The Mariners

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Brilliant!

 

Was that after your estimated claim? Have they paid out on the full amount?

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Yes we had a pre-estimate amount. The amount was not correct and they finally sent copies of all statements for us to check. They offered us a portion, we kindly said no and told them that the only acceptable resolution was full payment plus the court fees that we had incurred.

 

Having received the accurate figures plus interest they decided that "without prejudice save as to costs" that they would accept this rather than go to court.

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Well done. Seems it was a case of wait and see whose nerve would hold out the longest, and you have won hands down. Of course you did have right on your side as well.

 

Don't forget the survey and I am sure a donation would be appreciated.:D

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Excellent work Sire! Congratulations and be sure to raise yourself a glass of whatever poisen works for you on my behalf!

 

Finger crossed in a few weeks I'll be part of this fabulous club too!

 

Again, well done mate - thanks for your help too, not sure I'd be making as much progress against this lot without it.

 

:cool:

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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You give me more attention than I require. lol

 

Thanks to all the support and I will be donating shortly... Yorkshire or clydesdale will not resist and I hope that EVERYBODY PERSISTS

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You do deserve it. Don't forget the survey too if you haven't already done it.

 

What with this, and suddenly agreeing that they will respond to DPA requests (as if they have a choice :cool: )YB and Clydesdale are finally beginning to toe the line.:p

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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