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    • Thanks everyone. Will speak with the manager first chance I get later today and let you know.
    • own topic created  tnx the info. dx  
    • this debt: MBNA Bank of Scotland Card debt- LInk got a CCJ - now want payment review - MBNA - Consumer Action Group and a barclaycard loan - did you ever send the a CCA in all these years.....when was it taken out?    
    • Welcome to the Forum. The PCN must be subject to Bye laws as the warning near the bottom of the PCN does not comply with the protection of Freedoms Act 2012 Schedule 4 Under Section 9 [2][f[] of the Act it should say: (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver ,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Their version states they are pursuing you as the driver [because of the Bye laws they cannot transfer the liability from the driver to the keeper] even though you are the keeper. Should it go to Court Judges do not accept that the driver and the keeper are the same person. Obviously on many occasions another member of the family may be driving instead of the keeper. Indeed anyone with a valid motor insurance policy is able to drive your car. if any of the three cars were not driven by the keeper they are not liable to pay the PCN only the driver is.  as long as they do not divulge who was driving those lovely people at Alliance haven't a hope of winning against them in Court. What a shame. However while those keepers who were not driving are in the clear all is not lost for the other keeper drivers. Alliance still have to prove who was driving which is difficult providing those keepers do not appeal.  It is quite often that on appeal the keeper may say "I entered the car park at....."  immediately giving away that they were the driver. Plus even if you appeal it won't be accepted as a] they lose £100 straight away and b] mostly all the major car parking companies are dishonest scrotes. In the meantime you will be on the receiving end of threatening letters from Alliance, unregulated debt collectors and fifth, sixth or even lower rated solicitors all trying to frighten the life out of you to cough up. They can all be safely ignored since if you don't contact any of them they don't know who was driving so have no information that the can use in Court to identify the driver. Some time in the future they may send you a Letter of Claim which must not be ignored. Just let us know and we will advise a suitable snotty letter to send them which will show that you are not afraid of them and are happy to turn up in court knowing that you will win. Sorry it was a bit long winded.  
    • He’s still At it from a bungalow on Haslingden Road. Changed name to Bamberbridge cars with a Preston based phone number (01772) but dodgy dealings at the bungalow are still a go.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

Peter's Progress **WON**


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Hi, All,

 

Once again, thanks for all the help I've received from this site. Either from just reading or from replies to posts.

 

Just to say I had an acc with LTSB a few years ago, and went over my overdraft limit. I incurred charges which kept pushing me further and further into the red. (Sound familiar, anyone?)

 

Anyway, I was defaulted, and still have outstanding debts on this acc. What I mean is that the total by which I was overdrawn is less than I have paid back via various collection agencies. (This should make it an interesting excercise when I come to total the charges etc.)

 

So, DPA letter off this morning, and I'm going to need to see what charges, if any, the collection agencies have applied to this acc. I'm working from the premise that any charges they HAVE applied are returnable, too. (Does anyone have any info on this?)

 

Because I was defaulted for a sum composed entirely of 'charges', I will be asking for the default to be removed.

 

Dangers in darkeness, devils, hell, and sin,

Did compass me, while I this vale was in;

 

Regards,

 

PeteCC

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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Hi, Pete. Love the Da Vinci duck, btw. :)

 

The charges from the collection agencies, same principle applies as for the banks. They would be entitled to a fee for managing the account, but £15 letters and so on would be arguable.

 

If you detail what you have been charged once you get the information, we might get things a bit clearer.

 

.

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Thanks, Bookworm,

 

That's what I'd been thinking re. the DCA charges, but I'd sort of be hoping I could hit the bank for them instead. (Can't have everything, I suppose.)

 

I'll update as we go.

 

Regards,

 

PeteCC

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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  • 2 weeks later...

Hmmm. Just got a letter yesterday from Scotcall, (DCA), who tell me they haven't applied ANY charges to the account. That's a surprise really, as I've been d****** them about for years. eg, sorry for the missed payment but my mother/father/pet elephant just died, etc.

 

So, just awaiting Lloyd's reply to the Data Protection Act which as yet is not signed for. (One interesting thing is that when I called Scotcall via phone, they said that they had returned the acc to Lloyds as, 'they (Scotcall) only had a certain amount of time in which to collect'.) Is this to enable Lloyds a buffer zone whereby they can apply for a CCJ or whatever, do you think? :)

 

I was defaulted on 15/11/01, so I guess that this will be removed from my credit report in November 2007 as there is, as yet, no CCJ. (Please correct me if I'm wrong.) The reason I query this is that if, by some quirk, I have to continue payments beyond the 6 year cut-off point, will this still be shown as a default after this time?

 

Still, onwards and upwards.

 

Regards,

 

PeteCC

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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I think you will find that the default can continue after the six yrs if it hasnt been paid, the bank would have to apply for it to stay on and many dont bother, this is as i understand it as ive just been reading forum about it, i may be wrong of course?:)

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  • 3 weeks later...

Hi, All,

 

This one is starting to look a little tricky, not in the process, but in the amount claimed.

 

I was defaulted by LTSB for £803.00, which is slightly higher than my claim, but there are £187.50 in charges which go back further than the 6 years, so when it comes to getting the default removed, maybe that will count, even if I can't claim them back. However, that's not the real problem.

 

Over the last 5 years I've been sporadically paying this alleged debt back, and my 'balance' is about £300.00. This means that I didn't lose any interest on a lot of the charges, as they haven't been paid, and some of those that were paid, were paid AFTER the account was defaulted, (with me so far?), so until I get a breakdown of what I paid and when I paid, from the DCA, I can't even guess the amount, apart from that on the charges which were paid while the account was running, and I was in the black.

 

So, as far as the claim goes, I'm figuring that I will/should be only claiming the amount I've paid back after the default, plus any interest, (should I have to file a claim), that I can demonstrate would have been earned on money I physically paid out.

 

Anybody else in the same situation?

 

Your thoughts would be appreciated.

 

Regards,

 

PeteCC

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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  • 2 weeks later...

Hi,

 

I've written to the DCA to get a list of all the payments which I made to this account over the years, so hopefully they'll be good enough to send this on to me.

 

The above notwithstanding, I sent the first claim letter to LTSB on 17th July, and have received three replies!

 

One dated 18th to say they were sorry to learn of my concerns etc, and had forwarded my letter to the Customer Service Recovery Department, one dated the 19th from said Customer Service Recovery Department acknowleging they had received the complaint, and one dated 21st, again from Customer Service Recovery Department, to say that as the charges were not 'default' charges, but a fee for service I could go chew a brick.

 

Quote, "The fees we charge for going over an overdraft limitand for returned payments are not any kind of default penalty. They are fixed standard prices for the service we provide in these situations." (My italics.)

 

Hence including the following;

 

I note your comment that the charges you have applied are a fee for service, and I repudiate this most strongly. This ‘service’ conveys no benefit to myself, furthermore;

 

Under the "reasonableness test" condition of a term, of the Unfair Contract Terms Act 1977:

5. It is for those claiming that a contract term or notice satisfies the requirement of reasonableness to show that it does.

 

 

Saturday, 22 July 2006

 

LETTER BEFORE ACTION

 

Dear Ms Horton,

 

ACCOUNT NUMBER: XXXXXXXX

 

[deleted]

 

Yours sincerely,

 

Peter

 

Onwards and upwards, as they say.................

 

 

Regards,

 

PeteCC

 

 

 

[MODERATED: Letter templates are available in the templates library for registered users only]

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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Well, the DCA say that I have made no payments to them, so I'm assuming anything I paid was to a company who passed on the 'debt'. I have no full records of this, so...................

 

Mandy Horton

Customer Service Recovery Centre

125 Colmore Row

Birmingham

B3 3SF

 

Tuesday, 25 July 2006

 

 

 

Dear Ms Horton,

 

ACCOUNT NUMBER: XXXXXXXX

 

Further to the above account, I recently received documents from LTSB in response to my Data Protection Act (Subject Access Request) of 16th June 2006.

 

However, I notice that there are no references in the information I have been sent which show the schedule of payments which I made to any Collections agency you may have appointed to collect this alleged debt, and as after other enquiries I understand that this account has been returned to you, I am assuming that you have not sold this on to a 3rd party, and this information should have been included in response to my S.A.R - (Subject Access Request).

 

Please send me full details of any such payments, the dates received and the amounts etc.

 

The expiry date for compliance with the above S.A.R - (Subject Access Request) is on or about 29th July 2006, but as a courtesy for the short notice in bringing this oversight to your attention, I will expect the details no later than 5th August 2006.

 

Yours sincerely,

 

 

 

I await with breathless anticipation. (Yeah, right!)

 

Regards,

 

PeteCC

 

PS Sorry about that, Mods, didn't occur to me.

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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  • 2 weeks later...

Well, no further forward as yet, so sent the letter below;

 

Tuesday, 25 July 2006

 

Dear Ms Horton,

 

ACCOUNT NUMBER: xxxxxxxx

 

Further to the above account, I recently received documents from LTSB in response to my Data Protection Act (Subject Access Request) of 16th June 2006.

 

However, I notice that there are no references in the information I have been sent which show the schedule of payments which I made to any Collections agency you may have appointed to collect this alleged debt, and as after other enquiries I understand that this account has been returned to you, I am assuming that you have not sold this on to a 3rd party, and this information should have been included in response to my SAR.

 

Please send me full details of any such payments, the dates received and the amounts etc.

 

The expiry date for compliance with the above SAR is on or about 29th July 2006, but as a courtesy for the short notice in bringing this oversight to your attention, I will expect the details no later than 5th August 2006.

 

 

Yours sincerely,

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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Hi, All,

 

I've now received a letter from LTSB, this time from Jamie O' Neill, to say,

 

'(he) has noted my request and I am unable to obtain such information in this department. For any further information required, please write to the following address.

 

DSAR Team

Drop Zone C49

Charlton Place

Andover

SP10 1RE'

 

Well, sorry Jamie, 'snot going to happen like that.

 

(see below)

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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The reply!

 

Jamie O’ Neill

Customer Service Recovery Centre

125 Colmore Row

Birmingham

B3 3SF

Saturday, 05 August 2006

 

ACCOUNT NUMBER: xxxxxxxx

 

Dear Mr O’Neill,

 

I note with some dismay, and much surprise, your response to my letter of 25th July 2006.

 

Below is a copy of an email I have sent to Mr Boden from the ‘contact.us’ department with whom I have been in contact on several occasions. (Yes, I understand about this 'Mr Boden'. I just used the 'contact.us address to chase the original SAR.:))

 

Dear Mr Boden,

 

I have received a reply to the letter, (below), yesterday morning, subsequent to my email to you. However, to my surprise, I was told in this, by a Jamie O’ Neill, that I would need to write to another department, DSAR Team, for the information.

 

I would like to complain in the strongest possible terms about this.

 

First, Lloyds TSB should have included the information in reply to my original SAR.

 

Second, it is surely not unreasonable to expect that, if the department with which I am dealing is unable to action my request, the appropriate department be contacted via some internal communication.

 

Third, as can be seen from the letter to Ms Horton, I had extended the deadline for receipt of this information past the 40 day statutory maximum under the DPA, yet I did not receive this letter until 3rd August, eight days after the assumed receipt of MY letter, and two days before expiry of the revised date.

 

Therefore, if I do not receive the information which I have requested by Tuesday, 8th August, (I take into account the probability that no-one will receive this until Monday), thereby again extending the deadline, I will be filing a complaint with the Information Commissioner for non-compliance.

 

You may use my email address to send me this information.

 

Regards, (etc…..)

 

Please note, if the above schedule is not adhered to by yourselves, then the action which I propose apropos the Information Commissioner will be instigated.

 

Yours sincerely,

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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And the next letter, to be sent on 9th August goes thus;

 

Mandy Horton

Customer Service Recovery Centre

125 Colmore Row

Birmingham

B3 3SF

Wednesday, 09 August 2006

 

LETTER BEFORE ACTION

 

ACCOUNT NUMBER: xxxxxxxx

 

Section 7 – Data Protection Act 1998

 

Dear Ms Horton,

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 16th June 2006. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a complete list of transactions and charges. I have had occasion to pay a DCA (Debt Collection Agency) varying amounts over the last few years in relation to this account, and there is no indication of the amounts or dates of these transactions. I understand from your agents that the alleged debt has been passed back to yourselves indicating that you have not ‘sold this on’; therefore details of those payments will be held by yourselves and should have been included in the documents which you sent to me.

 

2) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998 despite the fact that I wrote to you regarding this and extending the deadline by which I would expect the information.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court, and a complaint lodged with the Information Commissioner.

 

Yours sincerely

 

(Composed from the template, thank you.)

 

LTSB are a true 'hurry up and wait company'.

 

Good luck to all other claimants. Do a Peter Gabriel, 'Don't Give Up'.

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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just to let you know we are reading your thread but have not commented as you are doing fine.:)

 

please keep us updated

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Thanks for that, Mjanet, I have just been pottering along. But that's in no small measure due to the guidance I've had from reading the forums, so thanks to all; mods, helpers, claimants alike.

 

However, now I'm stuck!

 

I received 2 replies to my letter above, both dated 11th August, one from the aforementioned Mr O' Neill telling me he was, 'sorry to learn that you are unhappy with our response to date', and that, 'hopefully, you will receive this (the schedule of payments) within the next few days.' {Glad he's hopeful, I'm sure as heck not.}

 

The other reply was from Daphne Tipper (Mrs), Customer Service Advisor, advising me, (ah, that's the role of an advisor), that, 'we've received your letter-and to say how sorry I am to learn that you remain unhappy with us'. I now have her assurance that, 'one of our assistant managers, (Jamie, perhaps?), will investigate the concerns you have raised with us.......... I would expect the enquiries to be complete within the coming 2 weeks'.

 

Well, this is obviously not on, I need to action this in a couple of day's time at the latest. So, my question is, what's the next step? (Normally I just delve in to the site and get what I need, but I'm afraid that the last few days have been spent in a field with twenty thousand Fairport fans, so research has been a little lacking. Coupled with the fact that the whole world and her sister seem to be posting on here...)

 

I'll continue to search for what I need, but a 'quick-fix' would be most appreciated. (Even just a pointer.) I seem to recall a thread where the courts didn't know how to process this type of action, but it may not have referred to this topic, and I can't find it anyway.

 

Regards,

 

PeteCC

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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What you do is still stick to your time table you gave them , do not let them dictate the speed of this.If they have failed to comply with your SAR then send the LBA for non compliance (as you have ) when the time limit is up then start a claim . There is guidence on how to do this in the libary section.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Many thanks, mjanet. As I said, 3 days of festival and frolics. Brain's gone dead. Had a quick look in the library section, (like I've never looked before?), and of course, staring me in the face! Ah well, to sleep, perchance to dream, ay, there's the template..........

 

And in the section re. extra costs.........

 

Extra costs incurred in addition to court costs, due to the Defendant’s failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £19.90 (2 x hours of research and correspondence @ £9.25/hr plus 4 x first class stamps @ £0.32, 4 x envelopes @ £0.025, paper, ink and electricity.

 

PeteCC

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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Hi, All,

 

Well I'd composed the letter giving 7 days before court action to comply with the Data Protection Act, but before I posted it a letter arrived this morning with the info, so calculator at hand..........

 

However, just had to smile, the letter read;

 

Dear Mr XXXXXX-XXXX,

 

Please find enclosed a statement of your account, detailing all payments received to date.

 

If you need any further help please call us.

 

If you wish to make a payment today using either your Debit or Credit card, then please contact us on the above telephone number.

 

Yours sincerely,

Er, perhaps not.

 

PeteCC

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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Okay, so I have now recalculated the amount due from all the information I received, and am sending a revised copy of the LBA and charges schedule to Ms Horton restating my intention fo file a claim.

 

I did receive one further letter yesterday from the fast becoming famous Jamie, and in it he states, 'Regarding point 2, I am not sure what you mean by "manual intervention", however, I have enclosed a print of any notes that staff have made on the customer records system. I hope this will be helpful.'

 

Er, ok.

 

Mind you, in the midst of all this, I will admit to having a blonde, or senior, moment. (I'll admit to one or the other, not both, and it's your choice), where I reprinted my original letter to my branch manager and posted that off yesterday. So, an apology is on its way, I don't want the poor devil to feel she/he is suffering déjà vu when it's clearly a case of déjà éprouvé.

 

PeteCC

 

Just FYI, a friend of mine whom I am assisting in his claim received his bank statements (from HBOS) etc in 55 (fifty-five) separate envelopes this morning...............

 

Oh, I feel a complaint coming on.

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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  • 5 months later...

Hi, All,

 

I know it's been a while since I posted on this thread, or any other really, but things with my claim seemed to be following the path of so many others, and there was little I could add.

 

However, just to give a little encouragement to those who are chasing payment from Lloyds TSB..................

 

After a lot of prevarication, and coming perilously close to having action taken over non-compliance of Data Protection Act 40 days rulings, (over the time limit for some of the info requested, but within, JUST within, my timescale), I received all the info I needed to continue my claim.

 

Over the last few weeks/months...........

 

The court sent information to me that they has asked for an Allocation Questionaire from the bank within 7 days or they would have been in default.

 

I checked with the court and the AQ had NOT been sent in time, (at least, according to their records, but as I had received my copy from Scratchy etc, I knew this to be a mistake, 'though I let it ride...................) I then had a letter to say they HAD submitted an AQ.

 

Before I claimed default, (see above), I had a letter from the court to say that LTSB, or their representatives, could not attend court during November or December, (busy suing Santa?), and they would send me a date.

 

I then had a date for today (1000hrs, 8/2/2007).

 

I turned up! LTSB didn't!

 

The Judge, when I appeared before him, informed me that they, (the Court), had received various letters and faxes from LTSB to say that they were willing to settle the claim in full, and that a cheque had been sent to me the previous day for the full amount of the claim.

 

To be honest, and this is only from my own experience................

 

When the Judge announced that LTSB admitted no liability as to the validity of the claim, but would pay anyway, he grinned.

 

He then set an order that if before the end of the month no further action was required by me, then the case would be closed. (Verbatim.... or close to.......... 'if there's a problem, such as the cheque bouncing.............')

 

My friends, do not be deterred!

 

In retrospect, as I had to go to court, and possibly argue my case, I could have built a housing estate with the bricks I was s*****g, but the bottom line is that the banks will not Go To Court.

 

Take heed, take care, and take heart.

 

Regards,

 

PeteCC

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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Thank you for telling us how you got on in court

would it be possible for you to give us the exact wording of the order please ?

 

and mainly

CONGRATULATIONS

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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  • 4 weeks later...

Hi, All,

 

Just got a copy of the order from the court. It reads as follows:

 

Before District Judge Pescod sitting at Gateshead County Court, 5th Floor Chad House,Tynegate Precinct, Gateshead, NE8 3HZ.

 

Upon hearing the Claimant in person and Upon reading the Defendant's letter, and the defendant having indicated on intention to settle the claim in full.

 

BY CONSENT

 

IT IS ORDERED THAT the Claimant's application be adjourned generally with liberty to restore ifno application to restore is made by 4:00pm on the 30th March 2007, the proceedings be deemed to have been withdrawn.

 

I've left their typos in. :)

 

One other thing that happened was that on Saturday I received a letter from SC&M.

 

We refer to the above matter and enclose our Client's further cheque for £15.24 in respect of unpaid interest.

 

Er, ok, thanks. That can't, I mean really CAN'T, be them acting in a unilateral and fair way, can it?

 

Regards,

 

PeteCC

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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is that ALL the money they have sent you ? have you checked your account .. just incase ?

 

i WILL ALSO TAKE ** won** off your thread title as this is still ongoing

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Hi,

 

There's no problem here. I'd received and banked (and now nearly spent) the amount of the claim, this just seems to be interest which was due from the claim date to hearing date.

 

PeteCC

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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