millymollymoo V goldfish

[millymollymoo]

Oh well here I go on my 1st claim back of the charges levied.

 

I sent the SAR off on 6/11/06 and received a NICE!!! letter back confirming receipt of my SAR and £10 payment and that my request will be concluded by 12th December.

 

Surprisingly,said if I have any further enquiries regarding my Data Access Request to write to him at the above address or call him on XXXX! :shock:

 

Is this how they normally act? My account was closed in January 2006 after I paid the full balance and I thought I was going to get the standard 'we do not have your account details as Morgan Stanley do not have your.....blah blah nonsense and give me the run around.

 

I await my statements..............

[angry cat]

I wish you...

Good Luck!

 

Love AC

[millymollymoo]

Thank you angry cat:) . Watch this space!

[millymollymoo]

Still waiting..........though I feel a nice fat envelope will be landing om the doormat soon!!!

[millymollymoo]

Hi just thought I would update you as the deadline is approaching for the S.A.R.

 

Well, guess what I received this morning...... ONE statement!!! yes one dated 05 December 2006 , considering I have a closed account!!!!!!showing the £10 credit of the cheque and that no payment is required this month!!! Would you believe it!!!!

 

I phoned them this morning concerning this and the girl said it said that nowhere in the notes was there any info about my S.A.R request. However, I pointed it out to her that I had a letter dated 7th November from them confirming receipt of the S.A.R request and that it would be concluded by 12th December as they had aperiod of 40 days to comply. She changed her tune abit!!

 

She asked for my telephone number and promised they would ring monday 11th. I said to her that they only had till 12th december to send everything out, otherwise I would report them for non-compliance. Is this correct???

 

Any expert advice would be greatfully appreciated as I feel they are mucking about.

[millymollymoo]

Any one please help:)

[millymollymoo]

Never mind!

 

I received a call confirming statements will be with me by Friday. They had their deadline mixed up:rolleyes:

[millymollymoo]

Statements received 16th!!!!

[millymollymoo]

Hi is this okay for the wording on my prelim. I am claiming the contractual rate.

 

I calculate that you have taken £XXX.XX in penalty charges plus £XXX.XX which you have charged me in interest, I claim the contractual rate of interest at 21.4% as set out in the attached list of charges. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your Cash Advance interest rate that would be applied under the terms of the above mentioned account. Therefore the total amount owed as of today’s date is £XXX.XX. I should advise you that interest is accruing on a daily basis and early settlement of this claim is in your interest.

I enclose a schedule of the charges which I am claiming with this letter

[millymollymoo]

Hello? anybody ? Have I done something wrong?

[bill-k]

Hi Milly

 

I find individual threads are a bit lonely. Not much happens with mine, but then again, I'm keeping my cards close to my chest. That's why I mostly spend my time on the general interest threads.

 

That prelim looks OK to me, although I would perhaps add an introduction on the lines of "I request the repayment of unlawfully deducted penalty charges from my account."

 

And also, tell them that you require a response within 14 days.

 

HTH

 

Bill

[livelylad]

Beat me to it Bill.

 

If you need any further advice Milly send me a PM.

[millymollymoo]

Thank you bill-k:)

 

and thanks livelylad I will take you up on that:)

 

Milly

[millymollymoo]

Hi all...Happy New Year:)

 

Prelim sent today:D 14 days and counting!!!!!!!!!

[millymollymoo]

I accidentaly posted this on the contractual interest thread!!!!

 

Hi:-)

I received a reply to my prelim from Goldfish.

 

It offers me a small amount of my charges back to a CLOSED account! Duh!

 

As you know I am claiming contractual interest on the amount and this is a part of the letter that states they will not pay it or any interest:

 

Regrettably, we are unable to reimburse interest on these amounts. goldfish allocate your payments to pay off your charges before other balances, therefore, you will not have incurred interest on these charges.

 

I intend to credit your account xxx.xx(CLOSED!!!!)

 

I ask for your help in answering this part of the letter on my rejection letter as he does not understand what contractual interst is by what I have read and I feel I need to explain it or should I ignore this part.

 

By the way the data controller is doing two jobs as he is now the liason officer!!!

 

Is there any cases I can add to the rejection letter.

 

Milly x

[millymollymoo]

Here is the letter I have prepared. Please let me know what you think and any changes I should make.

 

Dear Mr

 

RE: Your Reference: xxxxx

Account Number - xxxx xxxx xxxx xxxx

 

 

Thank you for your letter received today dated XX January 2007, with your offer of XXX in full and final settlement of my request for repayment dated XX January 2007. I would like to inform you that I will not be accepting this offer.

 

 

As previously stated in my letter, with attached schedule of charges. I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, returned direct debit payments, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would again draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

 

 

I calculate that you have taken a total of XXX in late payment penalty charges. I also claim contractual interest for the sums which you have taken as of the date of this letter of XXXX at a rate of XXXXX% as set out in the attached list of charges. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your current cash advance interest rate that would be applied under the terms of the above mentioned account. Therefore the total amount owed as of the date of this letter is £XXXX

 

I enclose a revised schedule of the charges which I am claiming with this letter.

 

 

 

Page 2.

 

 

 

Furthermore, I would draw your attention that the above account was closed in XXXXXXX and the full balance settled. I therefore request that the refund of penalty charges and interest requested, be made payable to me by cheque as I no longer have access to this account and no balance to yourselves is owing.

 

I also would like to remind you that my letter dated xxx January was a request for the return of penalty charges unlawfully taken from my account and not a complaint as you have suggested with your enclosed Step-by-Step Guide.

 

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

 

 

 

 

MIllymollymoo

[tamadus]

Here is the letter I have prepared. Please let me know what you think and any changes I should make.

 

Dear Mr Cleminson,

 

LETTER BEFORE ACTION

RE: Your Reference: xxxxx

Account Number - xxxx xxxx xxxx xxxx

 

 

Thank you for your letter received today dated XX January 2007, with your offer of XXX in full and final settlement of my request for repayment dated XX January 2007. I would like to inform you that I will not be accepting this offer.

 

You state that no interest would have been applied to these charges, however in applying the charges you have applied additional interest to any outstanding balance on the account which is directly proportional to the charge itself. Therefore my claim for interest is still valid and will be included in any court claim I may need to make.

 

 

As previously stated in my letter, with attached schedule of charges. I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, returned direct debit payments, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would again draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

 

 

I calculate that you have taken a total of XXX in late payment penalty charges. I also claim contractual interest for the sums which you have taken as of the date of this letter of XXXX at a rate of XXXXX% as set out in the attached list of charges. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your current cash advance interest rate that would be applied under the terms of the above mentioned account. Therefore the total amount owed as of the date of this letter is £XXXX

 

I enclose a revised schedule of the charges which I am claiming with this letter.

 

 

 

Page 2.

 

 

 

Furthermore, I would draw your attention that the above account was closed in XXXXXXX and the full balance settled. I therefore request that the refund of penalty charges and interest requested, be made payable to me by cheque as I no longer have access to this account and no balance to yourselves is owing.

 

I also would like to remind you that my letter dated xxx January was a request for the return of penalty charges unlawfully taken from my account and not a complaint as you have suggested with your enclosed Step-by-Step Guide.

 

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

 

 

 

 

MIllymollymoo

 

 

try adding the red bits in Milly

[tamadus]

Oh and before I forget Milly, I notice you didnt get much initial response to your thread. Mods and site helpers spend a lot of time on the forums but unfortunately we cannot keep track of every thread.

 

We tend to follow some threads where we have some sort of active interest (maybe we have a similar claim) and then stumble over other threads as I have with yours.

 

If you ever need a quick reply just PM one of us and we will come running

[millymollymoo]

Thank you tamadus:)

Love the bit in red:D

I really would appreciate all your excellent advice as to my claim ...goodness knows I am going to need it even more so.

 

Now the balls rolling:D

 

Milly X:)

 

I am going to send this on Monday

[tamadus]

Thank you tamadus:)

Love the bit in red:D

I really would appreciate all your excellent advice as to my claim ...goodness knows I am going to need it even more so.

 

Now the balls rolling:D

 

Milly X:)

 

I am going to send this on Monday

 

No problem Milly, just shout or PM me

[bill-k]

Hi Milly - it looks like Tam's got you sorted OK. But if this is of any use, here's a recent e-mail skirmish I had regarding being paid into a closed account. I'm awaiting a result on this one, but it worked for me previously with MBNA & Crap One. Comments from Tam appreciated, too, if any.

---------------------------------------------------------------------------------

-----Original Message-----

From:XXXX]

Sent: XXXX

To: XXXX

Subject: XXXX Claim Number XXXX

Dear Sirs

 

 

I have been dealing with the above claim and note from your letter of XXXX your contention that reimbursement of XXXX has not been received.

 

 

As your account was overdrawn at the time of the refund, the refund was applied to the credit card account which is shown on the relevant account statements.

 

 

As such it is our contention that the matter has been resolved and that you have no reasonable grounds for proceeding with it. Should we be unable to reach agreement we will request an appropriate order from the court.

 

 

XXXX.

 

 

Dear XX,

 

Thank you for your email (copied below).

 

The account to which you claim to have credited the amount was closed in 2005.

I thus have no access to the amount you claim to have paid me, even if you do, yourselves.

This is clearly unsatisfactory, and I must insist that you immediately send full payment by cheque.

I appreciate that we have recently celebrated Christmas and Hogmanay, and so in a spirit of goodwill, I offered you a final opportunity to defend the above claim by doing so within seven days of my letter of X/X/X. Presumably, you have chosen not to file a defence, in which case I shall submit my request for judgment unless I immediately receive full settlement by cheque.

Please be aware that full settlement includes settlement of para. 5 (d) of my claim, which provides for an increase of £X.XX per day until settlement. This is currently an additional £X.XX.

If, however, you do still intend to defend, then I would suggest that, having originally charged us unlawfully, and then admitted the claim by paying the amount into our closed account, XXXX reconsiders its’ current misappropriation of our money, as I do not consider their action will be seen favourably by the court.

May I also bring to your attention my claim no. XXXX in the XXXX County Court for repayment of Late Fees debited to account no. XXXX. XXXX have also filed an intention to defend the claim, but to date, no such defence appears to have been filed. Again, I offer you a further seven days in which to do so, or settle the claim fully by cheque.

Please be aware that I offer you these final options as a gesture of goodwill, and a record to go on file that I have done all I reasonably can to assist you in settling this matter outside of the courtroom. I will be producing a copy of this, and any subsequent email messages if required, in court.

Thank you for your attention to these matters, and I look forward to your early response.

Bill-k.

[tamadus]

looks to me like you have them sorted Bill,

 

this is almost similar to one I am doing for my ex wife at the moment.

 

sent SAR to A&L over her closed and fully settled credit card account, to which, eventually MBNA replied asking for personal info and a cheque for £10 which A&L cashed weeks before.

 

couple of letters with NO other ID or payment and they finally replied that the data was on its way, but in the meantime the charges amount to £174 of which we recently refunded £70 (they hadn't). This was before I even knew what the charges amounted to.

 

Sent a claim in for charges plus interest and left the cheque sitting there and waiting for their reply now. So effectively they have admitted they are at fault over them already.

[bill-k]

Thanks for that, Tam. I'll pop in to your thread and keep watching.

 

EDIT: Sorry - that's your ex's you're doing. I see you've already wrapped 'em up on your linked threads. Well done, mate.

[millymollymoo]

Thanx bill excellent letter.

 

They really have not got a clue have they:rolleyes: I have entered info about this on my LBA, so lets see if it gets read.

 

I cannot believe how quick goldfish replied to my prelim though. I sent it 2nd Jan!

 

Milly X

[millymollymoo]

No problem Milly, just shout or PM me

 

Thanks I will do:)

 

Milly X