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    • @BankFodder only in employment for unfair dismissal but its always been settled out of court .. but nothing on this level  I'm happy to follow your lead 
    • Okay, have you ever sued anybody before? I can imagine that they will start off by trying to settle your claim out of court. Normally speaking if you refuse to accept their offer then you would be at risk of having to pay their costs even though you would win your judgement because the court would take the view that there was no point in going to litigation because everything you had asked for had been put on the table. However in this case, because first of all it would be a statutory breach – and secondly, because I would expect that the storage of your personal data would continue even after they settled, I think you would have a reasonable basis for continuing the action and the cost rules are that if there is a reasonable basis for refusing an offer and continuing the claim then the court can decide not to award costs against you. However it is a risk – albeit a very small one.
    • Let's go for it ! At no point have they spoken to me as the ombudsman had put in her findings the whole policy was controlled by the brother they haven't even completed basic data protection never spoken to me until the default notices started arriving  I gave them authorisation to speak to my sibling at that point as I had no idea what this policy was about  I'm happy to follow your lead @BankFodder
    • Okay this is excellent. This means that we have a pretty will open and shut case in terms of inaccurate data processing. I can imagine that this is an extremely distressing experience and by coincidence, breach of data protection rules is one of the very rare areas where you can claim against a data processor to recover damages simply for distress. I think that we can begin this campaign against Aviva by suing them under the data protection act. How does that sound to you?
    • I think that the letter you are proposing is not a good idea. You are presently occupying the moral high ground and not only do you want to keep the moral high ground but also you want to strengthen that moral position. Your letter is heading directly into confrontation and without giving any opportunities for them to reconsider their position. I know that they have had lots of opportunities already, but there is no problem with going an extra mile. You say that the letter I have suggested is "weak" – but actually you have misunderstood the letter. Your letter imposes extremely owners conditions and yet they are not at all unreasonable because basically you are simply asking that the whole thing be done and supervised by an independent third party. If they are confident about their workmanship and any proposed remedial action then they would be happy to do this. If they are not confident about it then they will object. Frankly I think that they won't accept the conditions and in that case you will be free to go ahead and issue of proceedings but you will be able to show the court that you have bent over backwards to accommodate them. There is no court at all which would criticise you for requiring supervision by an independent third party. Any judge would be puzzled as to why these builders refuse to accept a very reasonable condition which really is an attempt to mediate the situation, to assure that there is transparency in all dealings and to put an end to the dispute once and for all. Your ultimate goal is to get your patio sorted out to a proper professional standard. If they agreed to third-party supervision then this is what will happen – and if it doesn't, then you will have 1/3 party involved who will give their own professional opinion that the workers not been completed either on time or to a reasonable standard and this will give you enormous power if you then eventually go to litigate against them. I'm afraid that your proposal – which is to now refuse any opportunity to remedy the situation outside the court process and to reject the idea of independent supervision means that you are starting to deal with them in the same way that they deal with you – head-on and without any subtle diplomacy. Don't forget that at the end of the day, once the matter settled, you are going to have to find somebody else to address all the problems and to go through all that hassle of having to monitor the standards of some other building company – and without the benefit of third-party supervision. If Lords agree to your conditions (unlikely) then it means that you will be in a position where you have the work completed – subject to independent third-party supervision with no skin in the game and you can then be confident that it is going to be done to a satisfactory standard. If you simply sue Lords, then you are still left with a defective patio and when you put the work out to another firm of builders, there will be no possibility of independent supervision. By the way I'm amending the letter above to include a provision that in view of the defective workmanship which has been caused by them, they will pay the cost of the supervision. Frankly there is not a hope in hell that they will accept these conditions – even though they are extremely reasonable. That will leave you in a position where you can still proceed and issue your claim at the end of 21 days but you will have acquired a very substantial moral asset in your case against them. You need to look at the broader picture. It's really quite delicious.
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Hi i am new here, i went to see my bank today for a finance mot, and it was her that told me to look at this site (but no-one should know its her as she could get the sack) as i said above i am new to this and wondered if anyone could tell me how to get started i have seen a letter that i need to send to the bank, but could you tell me how to work out the interest.

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Hi and welcome to CAG first read all the FAQs then start a new thread in the forum of the bank you are claiming against you will get all the help you need there

 

http://www.consumeractiongroup.co.uk/forum/faq.php

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-user-guide-contacts-list.html

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Which bank are you claiming against ? Please do not be worried to ask any questions however silly they seem. The Consumer Action Group has over 150,000 people as registered users and has helped over 8,300 people to reclaim over £14,000,000. So we can help you.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Hi Parkvale

 

Can you help please. Iv just phoned local court - my hearing against NatWest a week today - and they have confirmed that nothing has been filed by NatWest. My court bundle was forwarded to court/Cobbetts at the beginning of June. They are now out of the time stated on the directions for filing docs. Is there anything I can do now to prevent the hearing next week or do I just leave it to run its course and turn up hopefully to be told Iv won!!!???

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Thanks at the moment i am just at the start i am claiming money back from RBS, i have copied the letter i need to send to get a list of my charges and will be sending it off at the weekend. I am glad you said i can ask lots of questions as i am still unsure what i can claim for (even tho i have read all the information)

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Northen-Monkey.,

Take time to read the FAQ's and the Step by Step guide as this will make you claim easier to understand and implement.There are template letters available in the Template library.These are all proven to be successful with many claims before. It is advisable to make yourself familiar with the site and its layout. This will enable you to access information and help for your claim. Look at the bank or appropriate thread related to your claim. This will familiarise you with the particular problems associated with that organisation. Everything is here for you to launch a successful claim, but this is a SELF- HELP site. Which means you have to do the work. We are here to help and assist you. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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