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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Dicko V Abbey 5000+


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Been charged extortionately by abbey national and am trying to claim it back. Just joined site and dont really know how to get the ball rolling ive asked for all statements from may 2000 onwards but will be unsure what to do from there. Any advice or experiences on the best ways to approach it will be thankfully accepted.......Dicko.......

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Welcome to the site

 

First you need to thoroughly read the FAQs and the step by step guide here

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=243

 

Print them out so you can read them at your leisure. Once you have a good idea of the process, if you have any questions, just ask.

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Hi and welcome to the site.

 

The first thing you need to do is have a good read through the FAQs - you will find a step-by-step guide and lots of other important information. Also have a browse round the forums to see how other people are getting on with their claims.

 

Good luck!

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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you need to make sure that your request to Abbey for statements was a Subject Access Request under the terms of the Data Protection Act (DPA). You make this clear in your letter requesting the information (see template in library). Did you enclose the statutory £10? It is also a good ides to send it recorded delivery so you have proof of delivery and you can start counting down the 40 days.

 

Good luck

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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i havent requested them for a data access request i phoned and they said they would post them in 7-10 working days. Have i done this wrong if so how can i rectify it..

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Don't worry. You haven't gone wrong. Plenty of people have done ok doing the same thing. The only difference with the DPA template letter is that it asks for details of manual interventions. In the (hopefully unlikely) event that it goes to court and they suddenly produce evidence that there staff spent days and days manually monitoring your account (ha!) then the costs would look reasonable.

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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have a look around the forums and see what peoples experiences are. there is soooo much to take in. so take it a step at a time. it is always good to know what may happen next though so you are armed and not getting in a flap.

 

personally i would send the dpa request with the £10.00 fee. hand it into your local branch ( if you look at the other threads it's well worth seeing their faces when you do) then you can start the 40 day countdown. also you could send them a letter when the 40 days is nearly up reminding them how long they have left to comply with the dpa.

 

keep copys of letters you send and they send you.

 

good luckx

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Other banks may do what they promise and post out. Abbey do not have a good record for this. It's always better to send the letter with the £10 saying it is a DPA request then you have the evidence. Without evidence you will find it difficult, if not impossible, to take it further. Remember Abbey do not want to help you get your money back.

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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  • 3 weeks later...

just recieved only 1 yrs statements suprise suprise. charges totalling £1462 coldnt believe it myself. do i now proceed with the 40 days notice using the data access request template or did it begin when i requested the staments, i didnt ask for them under the data protection act. i'm sure the charges will total over £5000 so am i better off going for 2 seperate claims? this whole thing seems a bit daunting and i dont want to mess it up need the cash back!!!!!

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Well done.

You've got the ball rolling. Unfortunately Scabbey will use there delaying tacktic of sending a letter, probably from Pam Speed to tell you about how incompetent there filing system is and that your data is on microfiche and is not covered by the 40 day clause. If you read almost any of the treads you will find that this is a load of bull. There are letters you can send when you receive this from the Scabbey.

 

Will that's enough ranting for now, lets see if you are luckier than the rest of us (good luck).

 

Simcap:D

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is a charge for a bounced cheque classed as a penalty charge? i have many of them and they're only there because of charges been taken from my accounts making the funds unavailble, i also want to change the title of my thread is this possible, i made the mistke of opening a new thraed.

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i just signed up too and feel totally out of my depth too. that doesnt mean ill not carry on though. grabby WILL pay me my money back so i keep fighting

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  • 2 weeks later...

just recieved the letter regarding abbeys poor filing system and microfiche rubbish. Are the archived statements not subject to data potection requests? they say they dont have to be sent under the 40 day ruling so do i have to wait for them to arrive? they're getting annoying now but its only fuel to the fire. Is there anything i can do while i'm waiting?

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thanks! the £10 was paid on 10th july take it 40 days starts from then. why would'nt i let them take that fee? is it some sort of tactic used by abbey? just trying to understand about the process.

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just had alook at the template letter, my letter was sent by pam speed at the bradford office is this who i send the correspondance to or do i use the address on the template or stay with the address i have. should i phone to tell them i dont want the £10 fee to be used like that and tell them them i want it using under the data protection act? confused and want to get it right.

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Hi Dicko,

 

Good luck,

 

I shall be keeping an eye on your Adventures in Shabbyland as I kicked off my DPA request on the 10th of July and received the Microfiche letter yesterday, Using Alanfromderbys skicky today.

 

No advice from me as yet, just support and solidarity.

 

Best of luck

 

Bitingback

Any advise offered is my own opinion, and if in doubt, always seek clarification.

[

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Hi All

 

Thanks for all the work everyone is doing, but there is soooo much to read I'm getting a bit lost. I sent my Data Protection Act on the 3rd July ( i know it's a long time until now but have been working and trying to make sense of everything) and received the usual microfiche letter.

 

One problem found is that they have already taken the £10 out of my account. Do I carry on with the microfiche letter and swallow the £10 or do I ask for that to be refuned as well?

 

Sorry if I have asked repeated questions but I have read so many threads, the saying about "arse and elbow" springs to minds.

 

Peter

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i tried to do what someone suggested about going into the branch only to be greeted by a blank look and a sorry cant help you.go away and dont bother us sort of thing

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ive read of this somewhere before. they have just told them to give a receipt for the 10.00 and stamp the letter to say they have received it.

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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