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    • Good evening. Hoping to keep this short and concise. Any help really appreciated! Sent originated from council tax in 2019.  I moved address for a new career 240miles away in December 2019 and have lived here ever since.  A distant friend resides at previous address.  A CCJ was filed regarding this debt in January 2020 but no correspondence was received my end or at the old address.  Move forward to this year; early April I learn of a letter received from Bailiff - Notice of Enforcement dated 13/03. Stated I had ten days to settle a payment/payment plan or £75 will be added after ten days from 13/03 and bailiff instructed to visit.  Obviously I was unaware of this letter till well after the time period passed. Attempted to contact Dukes via email but zero response. Asked for breathing space in order to check the original debt with the respective council (I wasn’t awarded a week of Housing despite being on UC for a short period due to a contract date given by the old employer).  29/04 a note was left at the old address stating a bailiff had visited. New balance £310 more than original outstanding.  I’ve since contacted both the council and the bailiff agent to state I’m more than happy to settle the original debt over a payment plan but at this stage they will not remove the fees despite all correspondence not being sent to me and obviously me only seeing them much later than one would have expected.  Tried live chat today with the company and firstly was told the fees will remain because I spoke to the enforcement agent - I have never spoken to him/her.  secondly told the fees would remain because “I tried to use their web chat service to complete an income form” - I have zero recollection of doing this and I also wonder if it’s another tactic? any help on where I stand with the fees added would be incredible. Thank you
    • the evidence you have from Mercedes is perfect. simply write to both the finance company and the dealership that sold you the car, stating under the consumer rights Act 2015 should a fault appear outside of 6mts, it's for the consumer to prove the fault was present at time of sale. Please find enclosed a copy of said report from Mercedes at XXXX stating quite clearly that the windscreen was replaced on Date , some xxx months/years BEFORE my purchase on DATE. there is a bill to pay of XXX to XXX , i expect you to sort this out between yourselves , i am not liable for this. something upon those lines anyway.  
    • Not really. I just wrote it based upon my credit file data with screenshots and stuff.  Also referring to multiple data points. You need to read before sending or writing it.    I have plenty of experience in this stuff so takes me half hour to write something like this. For you itll take an afternoon probably. An additional day with it on your CRA wont cause a problem.     Reference Material; ICO Credit File Guide - https://ico.org.uk/media/your-data-matters/documents/1282/credit-explained-dp- guidance.pdf ICO Main Page For Credit - https://ico.org.uk/for-the-public/credit/ CMF Limitation Act 1980 - https://www.checkmyfile.com/articles/the-limitation-act-1980-and-debt-time-limits.htm Gov Limitations Act 1980 - https://www.legislation.gov.uk/ukpga/1980/58/2023-11-18 (Latest Version) Transunion 6 Years - https://www.transunion.co.uk/consumer/credit-report-help/how-long-does-information-stay-on-my-credit-report-for Equifax 6 Years - https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/Howlongdoesadefaultedorsettledaccountstayinmyreport Experian 6 Years - https://www.experian.co.uk/consumer/guides/defaults.html#:~:text=A default will stay on,you still%20owe%20them%20money
    • Thanks fkofilee , by any chance is there a templete for guidance that i could use to help me write the complaint?
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Barclays claim - planning ahead, advice needed!


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Hi, currently claiming charges from Halifax (second letter just sent). I had an account with Barclays for a long time and am aware of bank charges that I need to claim. To get my account details and statements do I just send a request for them + £10.00 or is there aniother way?

 

Thanks in advance.

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hi posiview

 

Just send the SAR and include as much detail as you can if you don't know the account number. However if the account was closed more than 6 years ago you may have problems getting statements

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

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  • 2 weeks later...

Hi, I posted this thread http://www.consumeractiongroup.co.uk/forum/barclays-bank/100748-old-barclays-account-need.html?highlight=account+number

and received the advice needed; I acted on the advice and sent the relevant letter of 2 week's ago + £10.00.

 

I expect them to play hard ball as I didn't know my account number. I want to plan ahead and need advice - can I get a letter typed up in readiness for the expected "We are unable to locate your account details" letter?

 

Great site and thanks in advance.....

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2 threads merged, please do not start a new thread every time you post, it will make things difficult to follow as your claim develops.

 

If you have given them all the possible info, last address when account was still live, complete correct name, branch address where account held, etc... there's no reason they shouldn't be able to trace account, so I think there's hardly any point in starting a letter now. If the worse case scenario occurs, it won't take long to fire up a letter, don't you worry. ;-)

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  • 2 weeks later...

You'll have to wait til the beginning of August (40+2 days) before they are in breach of DPA.

 

You could always send a nudge email to barclays Customer Service, can't do any harm at this stage.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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You'll have to wait til the beginning of August (40+2 days) before they are in breach of Data Protection Act.

 

You could always send a nudge email to barclays Customer Service, can't do any harm at this stage.

 

Thanks, can I trouble you for the e-mail address?

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3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Hi, my 40+2 days is due to expired shortly and I've received no statements or acknowledgment letter.

 

I sent the SAR letter without my account details.

 

I've since found them! Should I send them with a copy of my origional letter or just wait until 40+2 days has expired and send a breach of Data Protection Act letter?

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I would send them the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html but inform them that you have now come across the account details give them an extra week to comply

 

Wow, now that's what I call a quick response!

 

Should I just amend template 3 from:

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

 

[name]

 

TO

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have, as yet, failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

I have, since sending the above letter, found my closed Barclays bank account details. These are XXXXXXXXXXXXX.

 

If you do not comply by **date** I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

 

[name]

 

Thanks again...

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