chubbas dad v reliance & fester

[chubbas dad]

still in grrr mode.....................cant stop lookin at bikes, i think i have a bad habbit i gotta see a doc or summit!!!!!!!!

[j.barton1]

LOL x we'll get there...getting fed up too hun

[chubbas dad]

ok i have downloaded the "notice pursuant to s10 of data protection act 1998, and notice of intended data protection act complaint" letter do any of us think i should send it? and see what reaction it will provoke (if any) or is it a bad idea for me to bang on at a & l at this uncertain time with the current economic down turn...........................stop .............im sounding like my bosss grrr!!!! any ideas people?

[chubbas dad]

robbed this from bank fodders thread.i rekon i mite have a go at this whilst im at it.any ideas which agency to send it to or shall i bung um all a copy?

 

Dear Sir/Madam

 

 

Notice that you hold data about me which is inaccurate and in dispute

 

My credit file shows that you are holding personal data about me which is inaccurate and which is in dispute.

The entries have been lodged by XXXBankXXX and refer to purported debts which are in fact comprised of unfair bank charges.

As you are aware, the entire issue of bank charges has been in dispute generally between the banks and their customers for well over 2 years. In July 2007 the OFT announced that in response to a request by 8 UK banks they would be bringing a test case on the issue of whether bank delinquency charges were subject to the Unfair Terms in Consumer Contract Regulations 1999 (UTCCR).

 

It is clear that at least by that date, if not before that the

UK banks admitted that there was a serious question mark over the status of their charges.

 

In May 2008 the High Court ruled that the bank’s charges were indeed subject to the UTCCR. In February of this year the Court of Appeal unanimously concurred with the High Court.

I am sure that you are well aware that the OFT has publicly expressed its view that the charges are subject to the UTCCR and also that they are unfairly high.

Although the banks may bring a further appeal to the House of Lords, there is frankly little chance that they will succeed and there is every chance that the OFT will set a cap for charges which is very much less than the present level of £30 and more in many cases.

Once it is fully confirmed that UTCCR is the governing law and that its terms have been breached by the banks high level of charges, all charges which have been levied to date plus any associated interest will be unlawfully unfair. Any related entries on the Credit Register will automatically be in breach of the Data Protection Act and defamatory.

There is no provision in the UTCCR to allow the difference between unfair charge and capped rate to be invalidated. The whole charge becomes invalid per se.

 

 

Additionally, I am putting you on notice that I informed the bank that I disputed their charges on XXXDATEXX. Despite this they have proceeded to make entries onto my credit file in breach of the Banking Code of Practice, in breach of their contractual obligations and in breach of the Information Commissioner's own guidance on defaults issued in 2007.

 

I am putting you on notice that I intend to complain to the Information Commissioner’s office that you are holding inaccurate data about me. The negative entries on my credit file are damaging to me and the Data Protection Act allows me to seek compensation from both you and the organisation which communicated the data to you, through the County Courts and this is also an option which I am considering. The inaccurate entries about me are defamatory and that it is a new act of defamation each time you publish those entries to any enquirer. Even if an inaccurate data entry carries a dispute marker, it does not prevent the inaccurate data from having a damaging effect and it does not protect you from liability.

 

The Defaults Guidance notes issued to Credit Reference Agencies by the Information Commissioner in August 2007 make all of this very clear to you so that there is no doubt that you are aware of your responsibilities.

I expect also that you are aware that being an “innocent disseminator” is no defence either to claims under the Data Protection Act or in defamation.

I understand your procedures well enough to know that you will not immediately remove negative entries from my data file. Nevertheless I require you to do so and your failure to respond to this reasoned and polite warning will be brought to the notice of the Information Commissioner and the courts in due course.

I understand that you may make some inquiries from my bank before taking action but in the meantime I fully expect that you will place an entry on my file that the entry is disputed.

 

I would be very grateful if you will let me have your full response by return

 

 

Yours faithfully

[chubbas dad]

seems like i have got a bit of enthusiasm back for all this.

[j.barton1]

go get em hun!!!!!

[chubbas dad]

ha ha, gotta love this.im feeling like i did way bak wen we started lmao.

[chubbas dad]

i think i am going to send a letter to all the cred ref agcy that i know of ;

 

 

experian and um help lmao

[j.barton1]

experian-equifax-callcredit xx

[chubbas dad]

he he trust jen. thanks mrs you rok

[chubbas dad]

bored!!!!! just poped in for a look around. nothing much doing.:grin:

[chubbas dad]

right i have decided i qualify for a hardship case on the grounds that i have had more than £500 worth of bank charges in one year. i am now going to write to a & l and see how we go..................:grin:

[jansus]

Best of luck .

 

Refer to the waiver terms and make your letter individual ( as I know you can:))

 

they wil probably ask for an income and expenditure form on which they will base their decision.

 

Also if you have any priority bills or threatened court action then let them know .

 

Dont say you just want a new Bike:D

 

Jan

[chubbas dad]

hi jan, long time....... you know the rest..........i am thinking of bunging the bank this little pearl of chubbness any suggestions would be a treat..

 

xxxxxxxxx

xxxxx

xxxxxxxx

xxxxxxxx

ba21 xxx

xxxxxxxx

 

21 april 2009

 

 

 

 

 

alliance & leicester plc

bridle road

bootle

merseyside

l30 4gb

 

 

 

 

 

dear sir/madam

Account number: 123456789000

 

 

I am writing to request that you repay all the default charges that have been applied to my account since 01 november 2002 , and stop adding any further charges to my account. I do not believe these charges reflect the true cost to alliance & leicester of going into unauthorised overdraft.

 

I request that you deal with my case now rather than once the test case has ended, as I am currently experiencing financial difficulties due to having over £500 (five hundred pounds) worth of charges applied to my account during the past year,forcing me to continually exceed my overdraught, and incurring further charges. the FSA waiver states that you should continue to deal with hardship cases.

 

My current circumstances mean that I am paid on a friday (weekly) the charges are applied for the previouse breech of overdraught,i then shop for my family of five, and this then causes me to exceed the overdraught yet again incurring a £25 charge and a daily charge of £5 untill the limit is reached, or money is paid in to my account.i have no meens of catching up, and so the cycle goes on. i am now in a position where i am struggling to pay my day to day household bills.ie rent, concil tax, water,electric, and gas.

 

i also would like to inform you that i intend to issue a notice pursuant to s.10 of the data protection act, and notice of data protection act complaint, with refrence to a recent default notice you applied to my account. attatched.i am also informing you, that, i am putting the credit refrence agency that you use on notice that information you supplied them and which they currently use is incorrect

 

The charges total £loadsa plus as I believe I have been unlawfully deprived of the money I have calculated £wonga interest at the statutory rate, the amount a court would award.

as at the date 07 august 2007 in relation to claim number xxxxxxxx which was stayed at my local court by the honourable district judge nice bloke.

 

I therefore ask that you repay me the full amount of £ mega, including the court costs £120 totalling £buks and all charges applied to my account since the stay was applied,you have recieved a full schedule of the charges and interest for the above claim.and i respectfully request a fully comprehensive list of all the default charges, for direct debit, unauthorised overdrafts and standing orders I have paid since 01 nov 2002 to date. 21 april 2009 .If you are unable to provide this data, I will accept a copy of my statements; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but a comprehensive list of the charges to which i am entitled by law.

 

 

I look forward to your full response to this letter within 14 days.

 

Yours faithfully,

 

 

 

xxxxxxxxxxx

 

wowser!!!! wat a corker? or is it not so good as the chubbs thinks?

[chubbas dad]

ere i dont want a new bike .................i just want a good second hand one to get to work on lmao....

[jansus]

hi jan, long time....... you know the rest..........i am thinking of bunging the bank this little pearl of chubbness any suggestions would be a treat..

 

xxxxxxxxx

xxxxx

xxxxxxxx

xxxxxxxx

ba21 xxx

xxxxxxxx

 

21 april 2009

 

 

 

 

 

alliance & leicester plc

bridle road

bootle

merseyside

l30 4gb

 

 

 

 

 

dear sir/madam

Account number: 123456789000

 

 

I Refer you to the most recent terms of the waiver in the respect of bank charge claims and would like to identify myself as a financial hardship case under these revised terms.

I am currently experiencing financial difficulties due to having over £500 (five hundred pounds) worth of charges applied to my account during the past year,forcing me to continually exceed my overdraft, and incurring further charges.I am sure you are aware the FSA waiver states that you should continue to deal with hardship cases.

 

My current circumstances mean that I am paid on a Friday (weekly) the charges are applied for the previous breach of overdraft which leaves me with inadequate funds to feed my my family of five, and this then causes me to exceed the overdraft yet again incurring a £25 charge and a daily charge of £5 until the limit is reached, or money is paid in to my account.I am now in a position where I am struggling to pay my day to day household bills.ie rent, council tax, water,electric, and gas.

 

I also would like to inform you that i intend to issue a notice pursuant to s.10 of the data protection act, and notice of data protection act complaint, with reference to a recent default notice you applied to my account. I am also informing you, that, i am putting the credit reference agency that you use on notice that information you supplied them and which they currently use is incorrect

 

 

My total claim at todays date totals £ ( spreadsheet attached)

 

 

I would appreciate your early reply to my letter.

 

Yours faithfully,

[jansus]

Just a suggestion - have you considered getting control of your own money back and open an on line basic account without OD facility - then prioritise your funds and ask A&L to freeze your account and just pay them back the OD as and when you can afford it? Or ask them to freeze it as in dispute as there is a charges claim pending?

[chubbas dad]

ooooh!!!! nice one jan ill have a look at accounts ..........any suggestions?

[jansus]

I have heard mention -Nat West solo/Co-op I will check for others

[jansus]

Poor/Adverse Credit? Basic Bank Accounts Can Help | Cloudworks.co.uk Personal Finance

[chubbas dad]

thanks jan. the link above does not work. i am considering opening an account with nat west .

[chubbas dad]

morning all.

 

 

i have recieved a response from a & l .

 

dear mr chubbs

 

thank you for your recent enquiry and we acknowledge receipt of your request for repayment of fees for your claim of financial hardship.

 

so that we may fully investigate and consider your claim,please complete the enclosed income and expenditure form and return it to us in the pre paid envelope within the next ten days.we will then refer your details to a specialast team to consider your financial situation.

 

please make sure the form is completed fully and provide copies (please do not send originals) of three months proof of earnings or other income.when we have considered your claim, for security and confidentiality reasons, the documents you send to us will be destroyed.

 

if we do not receive this information we will assume you no longer wish to claim financial hardship and will be unable to consider your request for a refund of fees on that basis.we will also be unable to progress your request untill the outcome of the test court case is known.

 

in line with other current account providers, the financial services industry has asked the finacial services authority (fsa) to suspend the normal timetable for dealing with complaints in relation to fees for unauthorised overdrafts.the fsa has agreed to this request.

 

although we do not know how long the case will take,we can assure you that once legal proceedings have been completed we will resolve your complaint as soon as possible.if , at that stage you do not agree with our conclusions you will be able to refer your case to the financial ombudsman service or to the courts

 

you can find more information on the test case by contacting

 

the financial sevices authority- Financial Services Authority

the office of fair trading- The Office of Fair Trading: making markets work well for consumers

the financial ombudsman service Financial Ombudsman Service

 

we appologise for the inconvenience that this has caused and we can assure you,once the test case has reached its conclusion we will advise you of the outcome.

 

it then goes on with a section about how to avoid paying fees.

 

they make no mention about my notice of data protection act complaint.or any mention of my request to have a fully comprehensive list of all the default charges, for direct debit, unauthorised overdrafts and standing orders I have paid since 01 nov 2002 to date. 21 April 2009 .maybe a nudge will be appropriate when i return the expenditure forms.

 

is this a standard letter they send to hardship case claims that are stayed?.i have filled out the expenditure form and it makes great reading, my bills alone total £16491 and my income is only £11856.i never realised things were that bad lmao.(robbing peter to pay paul has become the norm for me).although i have no debts, apart from rent, council tax, water, elec, gas, food shopping,petrol,car tax,tv licence,car ins,home ins,all the normal day to day living expenses with five kids (three living at home) and a girlfriend lol

[jansus]

Yes sounds like a standard letter to me - they are good at that.

 

Now dont get your hopes up too much as the terms of the waiver does not say that the banks must refund charges - but only that they should consider hardship cases and help where they can.

 

However on the other site I post on we are still getting successes and it varies from Bank to bank as to what % people are receiving.

 

its horrible when you actually write it all down and have to face up to reality - especially as a lot of bills just keep going up and up.

 

Best of luck

[charleyfarley]

As Jansus says, this is a standard letter from A&L. They use all the usual delaying tactics we've come to expect from the Banks. All I can say, is keep plugging away and get that parachute account opened asap

[chubbas dad]

thanks awfully chaps. choks away.

 

i have filled out the forms and am checking them over at my leisure tonight.may get them in the post tomorrow.i will keep you informed of the chubbs progress. shall i stipulate a time period for a response from them.i think i ought to as it seems to get them going.