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Is anyone getting anywhere with going to court on Estimated charges.


draigfach
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I'm so frustrated, I taught my friend how to do all this and he hit capital one for £1000 really easily.

 

Bc have so far refused to send my statements despite every letter sent from here and returned £203 which is about half of the amount I can prove from some of the statements I have. so I sent a Letter before action for estimated interest which they have ignored.

 

I'm all set to send my court application which I have filled in based on estimated charges..

 

Any thoughts before I do so.

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How long have you been waiting for the rest of your information, have you complained to the information comissioners office? My thoughts would be don't file. I've read things can get tricky for estimated claims unless you have explored every avenue thoroughly. I assume you sent an LBA for non compliance of your SAR. If so you need to file for this first. It will take longer but better safe than sorry. You could also try claiming for the charges you can prove then claim again once you get the rest of the info.

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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This is not recommeded at all!

 

Have you waited the 40 days, if so did you send the non compliance letter.

 

Barclays do tend to send just 2 years of statemets, but the non compliance normally gets them moving.

 

If you have done all this, then you can file at court for them.

Plenty of people do this.

 

I can give you all the information and forms you need.

Please dont rush into claiming.

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Sea side lady, did I make a mistake, is it this

You could also try claiming for the charges you can prove then claim again once you get the rest of the info.
that you don't reccomend or claiming on estimated charges?

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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No, that is ok to do when you have a rough estimate and you have most of your statements.

And if you are still at the prelim stage as you would have a few weeks.

 

But we have no idea of how much information this person has, and they are wanting to file at court.

Once filed they would have to pay a £35 fee to amend the claim, which can also delay the claim.

 

It would be best in this case to wait and get the information before he files at court.

 

The guide lines on this site and tried and tested. To carry on his claim would be at his own risk.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 3 weeks later...

What would be the procedure for claiming charges from twety odd years ago?

 

SAR for transactional data from 1985/86, or certificate of destruction thereof, not complied with.

 

Im going to make complaint to ICO and start non-compliance Small Claim.

 

All I can do, I suppose.

 

Any thoughts?

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I have all statements from 2001 to present, works out at 10.3 overlimit/exceeded limit charges per year.

 

If I were to go for estimated claim for December 1985- December 1986 it would seem logical to base this estimate on this figure.

 

Wouldnt it? Throw me bone. :D

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