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    • 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.  

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      Many thanks 
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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.

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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Reply Form Woolwich


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ok sent dpa template to woolwich 15th June got a letter back from Mr Peter Townsend of Radbroke Hall which goes as follows...........

 

DATA PROTECTION ACT

 

We refer to your letter of june 15, which was passed to this department for comment due to your request for certain information under the terms of the Data Protection Act("the DPA").

 

As requested, a schedule of charges is in course of preparation and this will be sent to you shortly by the Woolwich; there will be no charge for this service and the bank will provide this information on a complimentary basis, your cheque is returned herewith.

 

As regards your mention of "manual intervention", the DPA does not oblige the Bank to comment about internal policies or procedures. Furthermorer, in the context of managing day to day transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form in a form which would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute "personal data" under the DPA and therefore would not be covered by a s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention.

 

Yours sincerley

 

nhydnyd

 

 

Now i know i have seen this letter somewhere else on this site im going to run a search but hey what the hell i want my money back!!!

 

bigal.:grin:

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CAPITAL ONE * SETTLED*31st Oct 06

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well got a letter today from the woolwich as well, telling me they have "taken responsibility for fully investigating the issues i have raised, and they aim to provide an answer by 13 july 2006" oh well i will sit back and watch the world cup, a bit of tennis and there must be sum golf on... if only they were as quick to sort out the statements as they are to slap on illegal charges.

 

By the way the woolwich have replied from...

Woolwich Openplan Customer Centre

Jackson House

Jackson Road

Clacton on Sea

Essex CO151WH

 

Tele.... 0845 0700 360

 

Contact Michele Wallis

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CAPITAL ONE * SETTLED*31st Oct 06

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Strange, I recived an identical letter today. Except saying they would aim to solve by 17th July.

Are you saying you havent hat your charges yet. (cause I had mine 2 weeks ago.) Todays letter was a reply to "request for charges". So stright away I sent the LBA. Hope I dun the right thing! LOL?:eek:

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Well came home tonite nice letter from Mr George East my Case Manager at the Woolwich Telephony Customer Relations Team, (my they have so many different departments at the woolwich no wonder they have all these charges). Anyway i digress the letter had all my charges listed back to Jan 2001 plus Statements for the remaining 18 months a quick add up with no interest added is in excess off £1600 of my hard earned money. Over the weekend i will type request for a return of charges and an do a spreadsheet wiv interest i Might even treat my self to a couple of bottles of nice white wine.........:grin:

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CAPITAL ONE * SETTLED*31st Oct 06

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Strange, I recived an identical letter today. Except saying they would aim to solve by 17th July.

Are you saying you havent hat your charges yet. (cause I had mine 2 weeks ago.) Todays letter was a reply to "request for charges". So stright away I sent the LBA. Hope I dun the right thing! LOL?:eek:

 

 

got my charges today 23rd will send them a request for return of charges giving tem 14 days ,if no comprendo ni will bash them wiv a LBA and another 14 days after that i call in the A-Team:cool: (no one gets killed but lots of explosions) and i get my money back:-D

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CAPITAL ONE * SETTLED*31st Oct 06

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ok i have got my dunces hat on here and would be gratful for sum advice from anybody who understands numbers....im trying to work out how to fill in the speadsheet i've got the basic idea but on my list of trans actions there maybe 2 unpaid direct debits then a unpaided stantding order, then 5 or 6 interest charged items i.e.

 

 

Type Date Inc Date Applied Charge Amount Trans on amount Aval bal

 

RC 12/05/06 05/06/06 35.00 96.25 OD

UC 09/05/06 31//05/06 35.00 144.04 38.14

RC 09/05/06 31/05/06 35.00 96.25

IC 31/3/06 17/05/06 0.38 1,702.56

UC 10/04/06 04/05/06 35.00 72.02 67.20

UC 03/04/06 26/04/06 35.00 777,75 292.18

IC 28/02/06 17/04/06 0.09 2,205.86

IC 31/01/06 20/03/06 0.22 1.667.78

IC 31/12/05 16/02/06 0.04 1,679.06

IC 30/11/05 16/01/06 0.31 2,384.33

 

RC = RETURNED CHQ. UC= UNPAYED DD IC=INTEREST CHARGED

OK the rc's dd's and unpayed standing orders are all in crono order and i understand when the chare was applied to my account, but the interest is all over the place do i list it as they have sent it or do i need to identify which bit of interest is related to whatever charge(if you get my meaning) or should i just addup the charges and forget the interest but add 8% at the end , although the interest over 6 years is probably about £100.:???:

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CAPITAL ONE * SETTLED*31st Oct 06

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RE. above message .......it appears my interest charged has turned i:-D nto that nice man the Information Comissioner

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CAPITAL ONE * SETTLED*31st Oct 06

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ok having looked at the figures the woolwich have sent from June 2000 till 31st jan 2001 i got statements which is great i can see all my charges( 3 in 18 months total charges £82.50), my balance ... credit /overdrawn ect and the day they take out interest.

 

now up until a couple of years ago i had a morgage with the woolwich and because i had pension payments going in if i went overdrawn they would automaticaly add it to the overdraft(when we changed morgage lenders they took back the £2000+ overdraft. now the thing is on their new print out it does not show any overdraft/overdrwn figures at all just loads of interest charges /unpaid dd/unpaid so ect. apart from 1 instance on their printout i have never been overdrawn or had an overdraft but if thats the case how comes i have got in excess of £1500 in unpaid charges in the last 4.5 years.:???:

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CAPITAL ONE * SETTLED*31st Oct 06

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ok ive worked out today they owe me £1710 in charges and i have guessed that i must have been in overdraft status for at least 3.5 years of the six so i added all there interest charges for that, the remaining time i have averaged it,if ithey say the figures are wrong can i say well you prove it because my printout does not show many overdrawn figures, in fact there are a couple of chunks of the printout which has no 'available balance' listed. the interest works out to £120.19. Does sound right for me to send off my Prelim approach letter.

 

thanks bigal.

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CAPITAL ONE * SETTLED*31st Oct 06

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Perfect. Get that letter in the post.

 

Best of luck.

 

Cheers michael my Royal Mail Recorded letter is going tomorrow:)

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CAPITAL ONE * SETTLED*31st Oct 06

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letter all ready to go tomorrow (recorded) to mr george east (my case manager)of the woolwich at jackson house ,jackson road, clacton on sea ,essex co15 1wh, cant wait for the reply do you think i will be the first one for them to say 'ok we are wrong we will give you all you illegally taken charges back'

wonder what odds i get down the bookmakers ,similar to england winning the world cup!! Come on ENGLAND.:-D

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hello all ,right sent the request for prelimary request for my money back on the 25th got a nice letter from MICHELE WALLIS SALES AND SERVICE MANAGER:-

 

Thankyou for taking the time and trouble to tell us about your dissatisfaction with our service. We work hard at the Woolwich to deliver a first class service to our customers and we are sorry that you feel let down on this occasion. You can be sure that we will do our everything possible to put things right for you now, and so that we improve our service in the future.

 

We would like to to explain what happens next regarding your complaint received on the 27th June 2006.

 

We have taken responsibility for fully investigating the issues you have raised, and we aim to resovle this matter by the 25th July 2006 . In the meantime if you have any further information ect, ect ect, .......................

 

 

Does that mean i now have to wait 14days befor i can send in my LBA or should i wait at least a week . Would be grateful if somebody could comfirm.

 

thankyou Big Al:rolleyes:

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CAPITAL ONE * SETTLED*31st Oct 06

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The 14 day timescale is deliberate, so that if your claim ever reaches court you can show the Judge that you have given the banks a reasonable time and every opportunity to settle the matter.

 

It's tried and tested and it works, but it's up to you.

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Thanks thats fine i shall read lots more threads on this site ,the woolwich is only the first to send in statements ect so i can send in prelim request . Still waiting for Cap 1, Monument, who have replied to DPA being recieved early june but nil since, BOS done at same time nothing at all from them When i hear sumthing will start separate theads on them. Should i contact BOS and ask whats going on cos they have had DPA letter since 12/06/2006(sent registered and i tracked it and got the mans name who signed for it). Any thanks for above Michael i will wait ......at least a week8-)

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CAPITAL ONE * SETTLED*31st Oct 06

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11th July 2006...... Sent LBA :D to Mr. George East MY case manager at openplan.

 

Only another 14 days to go then MCOL:lol:

 

Wat a luverly summer:p

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CAPITAL ONE * SETTLED*31st Oct 06

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ok sent Data Protection Act template to woolwich 15th June got a letter back from Mr Peter Townsend of Radbroke Hall which goes as follows...........

 

DATA PROTECTION ACT

 

bigal.:grin:

 

Hi, Im one day behind you so will follow your thread for advice and tips as not sure what Im doing, wish you well.

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No probs bach but read and read again the forums and faqs in there, there is a step by step procedure. But really read and read till your heads gonna bust ...then read some more, im finding it quite good fun (im not an anorak really)(and it may sound like i need to get out more),but i want my money back, and im not sure all the time i know wat im doing but i have found that if you got a problem or are not sure about which template letter to send someone will nudge you in the right direction:D .

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CAPITAL ONE * SETTLED*31st Oct 06

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having said that Have you recieved your statements back if you have you should have worked out all the unlawful charges onyour account ,then put them on the spread sheet in templates libary, and send them to the woolywich using the request for repayment template which gives them 14 days ......then its LBA template and another 14 days that all gives you plenty of time to repeat the procedure in the above message ....again till your brain goes pop! after that well follow the steps in faq's, and in a couple of months you can feel really good about yourself and your bsnk account will be :D :D :D .

 

Alan.:cool:

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CAPITAL ONE * SETTLED*31st Oct 06

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Hi I am in the early stages - ready to send my prelim request for charges. I have paid £310 in charges over last 3 years, but very little interest (about 40 pence)! Is it wise just to stick with reclaiming the charges ?? Also, they didn't send statements, just a list of charges, anyone else had this? I thought they may be trying to save a few trees ( or probably printing costs!)

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