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I wouldn't bother with it to be honest chrisking. Your rights under the Data Protection Act have nothing whatsover to do with the test case. You are still entitled to your information. I would suggest that you send a letter before action, giving 7 days to comply, or you take them to court for non-compliance. There's a template in the Bank Templates Library.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

Also complain to the Information Commissioners Office, and send them a copy of the letter.

 

Just keep it simple, because we've seen that half the time letters aren't read anyway. If you send an LBA, you only need to send one, and then take the action, or they won't take you seriously. It's time to take control of the situation.

 

Do you have any information at all regarding your charges?

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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Hi Caro,

thankyou for the advice, ( I put my heart and soul into that letter,boo hoo):( .

I have already sent them 3 LBA's the last 2 of which were non-complience' letters dated 10th & 27th July the last being a Final LBA.

Unfortunatly for the bank, because the only info I have is about a 1/4 of my statements, I can only estimatethe charges over the period I had the account with them.

What I have done is calculated the unlawful charges from these statements ( I'm glad I kept them as they are 6 yrs old) averaged them to an amount per month, then multiplyed them by the total statements I should have received and then added the interest using the complex calculator thanks to this site and then totalled it and wow no way is it that much, but hey, I think I'll use compound interest as both figures take above £5k and the latter takes it above £13k. :D

Which one ?

I will allow 7 more final days before proceeding to court, it's just the initial £250.00 coourt fee I'm struggleing with.:(

will keep you informed.

regards

chris.

ps call me chris:)

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Sorry but you did say if I had any advice (ie Don't).....:o

 

I would advise you not to go for contractual interest on your claim, as a precedent has already been set on CI, and it should not be claimed. There is just no legal basis for it, and as that amount is over the small claims limit you are leaving yourself wide open to having to pay the bank costs. You could jeopardise your entire claim.

 

It is also inadvisable to estimate a claim. You could start your claim now with the information that you already have, and also pursue the missing info relating to your SAR. When you get the rest of the info, you can amend your claim for the full amount.

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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thanks Caro,

 

When I meant any advice ie Don't I meant ie Don't send it, as to which you replied. Thanks again for that.:eek:

 

I will now send in my claim regarding the info I have and although the total is just over £1k (if you include the interest).:D

 

Just a question on that, do you include the interest on the N1 form as I will do with Abbey, and if so does that come into effect regarding the court fee, as the interest on the Abbey takes it above £5k for the fee, yet it is just under before you add interest? Or am I totally confused now?:o

 

Thanks again for all your help

 

regards

chris;)

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In case it's not clear, the 5k is before interest and fees.

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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Hi Bigmac & Caro,

yes Caro the claim for the charges is under £5k, but if you include the interest & the fee it takes it above!:confused:

 

it looks like this:

Penalty Charges £4839:mad:

interest charged on above (taken from account) £961.04:mad:

8% interest to add on both £1224.53 (Complex Calc);)

court fee £120 :) or £250?:(

total £7144.57 or £7274.57?

ps this is on the Abbey account not this one

 

regards

chris

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Because the interest charged is part of the penalty charges that takes it over £5k, so £250.00 I'm afraid. Check out how to complete it in the Bank Templates Library here.http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html#post3551

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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cheers Caro,

 

sorry, been a bit distracted at mo, got informed from Halifax CC that my claim against Nationwide put on stay, and had my request for judgement denied in front of me due to district Judge HAWKESWORTH QC instructing whole of Bradford District (which covers Halifax) to put all cases pending or not yet filed on Stay.:mad::(

I will contest this in the next couple of days (funds shortage) but the N244 form? will cost me £65 and they have informed me it will probably NOT be granted.

The clerk was very helpful and sympathetic (I guess she has a claim in at the moment) and obviously could not give me any legal advice on it, but the way she came accross was for me to hold on until the test case ends in Feb 2008, and also informed me that an order of the stay was already in the post. :(

 

regards

chris

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:D Hi all,

 

just an update to anyone looking (including the banks) Still NO statements from YB on day 108, and asked at the court for guidence regarding issuing YB with court order to do so (non-compliance) to be informed that they won't do anything regarding the bank charges on any matter (Halifax CC) as His Honour Judge Hawkesworth QC as directed.:mad:

 

What to do now??:confused:

 

YB wont send me them, although I have written 2 non-compliance letters regarding this, yet they have informed me they will put a stay on the case if it gets to court (which it will);)

 

Will now forward my letters and proof of posting (recorded delivery on all correspondences) and their replies (YB) and their last letter reffering to the test case and the stay.:rolleyes:

 

anyway to the banks I forgot to include the countdown on the extra interest I am earning whilst the ones are on stay:

 

KKKKKKKKERRRRRRRRCCCCCHHHHHINNNNNNNNNNNGGGGGGGGGGG thats another day @£1.26. lol:D

 

stay fresh peeps

 

regards

chris

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just read your post, I have my case in Bradford, after reading what you have to say I presume I have wasted my £35 fee which I paid to stop a stay on my case. It does seem unfair that each court is dealing with these claims as they want there should be one rule for all

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Hi Hilary,

 

don't stop proceeding, it's only money:( .

There may be some judges at Bradford that may allow it.

The main gripe I have with Halifax CC (and Bradford because they are'nt taking new claims) is that they could have continued with the kegal side of it, and if they then said I could not have an hearing until after the test case, I would'nt have been too bothered, the fact that this Judge (wether it was a directive from above) has taken it upon himself to quosh any hopes (though it be temporaraly) of any existing OR new claimants the chance of legal equality!!!:mad:

He has given up our rights for a fair hearing by not allowing it!!!:mad:

 

anyway, just got called to a machine breakdown, catch you later.

 

stay fresh peeps

 

regards

chris

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Hi folks,

 

just an update, well recieved my SAR today, but ooh whats this:eek: only statements from March 2001 till Dec 2001? thats when the account was closed!:eek:

Still missing statements from number 1 to number 64, (65 statements missing) I must have a lot of charges on them.lol;) :D

 

Just sent off reminder to YB to let them know that I do not seem to have received the missing statements and could they send them asap. as I need to know how much to claim.lol:D

 

Oh by the way all you B Managers reading these posts mine goes like this:

KKKKKKKKERRRRRRRRCHINNNNNNNNGGGGGGGG thats ANOTHER £1.26 daily interest cheers. And when I actually calculate the other 2 claims (Abbey & Y Bank) I reckon iys gonna be closer to the £12.60 mark KKKKKERRRRCHINNGGG KKKKERRRRCHINNNGGGG!!!!!!!!

 

stat fresh peeps

 

regards

chris

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  • 3 weeks later...

hi fresh peeps,

 

well miracles never cease do they:eek: , I have finally got ALL my charges from YB going back to July 1994 and its a whopper.:eek: So now to find a court thats taking new claims, I think that might be Skipton!!;)

 

KKKKKKKeRRRRRRRRRRCCCCCCCCHHHHHHHHHINNNNNNNNNGGGGGGGG on this one, but still £1.26 on the other ta very much!!:cool:

 

stay fresh peeps

 

regards

chris

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Hi gogivit,

Yeh i know, well I can wait as long as it takes. :cool:

I did hear on the radio coming in to work last night that Lloyds TSB have backed off with their charges of £30 PER DAY for going over any overdrtaft agreement and will TEXT anyone getting close to their O/D limit so they can 'top up' before it gets that far! AND when the question was put to the person from LTSB that this was a climb down from the Court case and a sort of admittance of defeat before the case was finished the LTSB representative flatly denied it (naturaly) but it was good to hear it anyway. Got them running already!!!!!!;)

Lets see what the other 6 banks and the Nationwide do to follow suit.!!!

The Banks are crumbling!!!!:cool:

 

KKKKKKKKKKERRRRRRRRRRRRRRCCCCCCCCHHHHHHHINNNNNNNNNNGGGGGGG

£1.26 extra interest every day every little helps ta very much.

 

stay fresh peeps

 

regards

chris

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