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Jamloo V Abbey


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I have been a member of this group for a few weeks now and read all the posts concerning the shAbbey. I have been trying to pluck up the courage to start my claim to have my charges refunded, as I'm sure knowing my luck that they would make an example of me and take me to court!!! Today the Abbey rang me at home to inform that my account had gone over the overdraft limit and when would money be going into the account to cover the amount. I told them my money would be going in tomorrow(tuesday) as always and the reason it has gone over the amount was because of the charges that they took from our account last week, and that this is a circle that just goes on and on month after month. I was quite suprised that they had rung as this is the first time ever in the five odd years i have been banking with them.I asked the gentleman i was talking to what would be the best course of action and he said get a loan and clear the overdraft! and I told him that my credit status wasn't to good and he then told me that the Abbey would be withdrawing our overdraft on the 1st of June so I would have to pay it back then anyway(its 2,900) we don't have that sort of money just lying around if we did there would be no overdraft. :x I then asked him how they could justify charging £35 for unpaid items, and his answer was that they are a business and course it dosn't cost the Abbey that much because its all computer generated, but they have to make money just like every other business. I am now going to start my claim because the

abbey are going to take away all my facilities anyway, so I have nothing to lose, and the thousdands they owe me can pay off their bloody overdraft.

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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Thanks for your reply Dave. So when I send my DPA Letter requesting the charges I can also ask for the transcript of my telephone call to them? I know I have most of my bank statements but would prefer an offical list from the abbey themselves...... Have there been many success stories from the

Abbey or is it still quite early days, with a lot of claims still pending.....

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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once again thanks for your swift reply Dave :) I will be starting my claim in the next few days, but in the mean time I will try and open another account so if/when the Abbey close my account (do they do that when they lose), I have somewhere to pay in our wages.

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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i didn't get his name, although he had a south african accent (makes a change from indian!!) but if all their calls are logged then I'm sure that his name is avasilable somewhere.

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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just a quick update..... have applied for a new bank account and been accepted..... once we have signed the forms and the account is open then i shall commence our fight against the Abbey. :D

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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Just been reading thru the various posts and came across this one. One question to Dave - if someone refuses to pay the overdraft won't that affect their credit rating in the long run - is it worth taking that route?

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I don't think that Jamloo is refusing to pay the overdraft - just that it is in dispute, and that there is no way to repay it the short term...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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In response to dt3000... we are not saying we wont pay the overdraft, what we ARE saying is that the overdraft has come about due to the shABBEY for example allocating on one bank statement £1400 charges !!

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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Right - Parachute account has been opened and DPA Disclosure Request will be sent first thing tomorrow morning. Wish us Luck !!!

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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The best of luck and all that...keep the group posted on responses...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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It's what I did - it made no difference to my credit score.

 

It's what my partner is doing now - if they do make an incorrect reference then sue them. The charges should never have been levied in the first place, so not paying them cannot be a credit risk.

 

Simple.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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  • 2 weeks later...

One thing that now concerns me...

 

We did not send the DPA letter Recorded Delivery (just first class). Are the Abbey legally entitled to say they have never received and therefore we have to send the letter again Recorded Delivery with another £10 ? If so does the 40 day clock start from the date they receive OR...

 

Is proof of date on letter and date and time stamp of the Word file on my PC proof enough ?

 

To date we have had no response from shAbbey.

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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The Civil Procedure Handbook states that if it was sent by Royal Mail, then it's as good as delivered - obviously the wording is slightly different

 

Having a copy of the letter should be considered proof that you have sent it.

 

However, you could ring them and be very stern and demand to know why your letter has been ignored, and that the 40 days started 4 days after you sent it (in accordence with the CPR's) and that if the information requested has not turned up within the alloted time, then you WILL make a complaint to the IC.

 

If they claim not to have received it, then quote the CPR's to them.

 

The pre-action protocols only state that a letter should be sent - it DOES NOT state or reccommend that the letter should be sent recorded post.

 

In addition to that the CPR's state:

 

The defendant should provide a full response to the letter of claim as soon as reasonably possible. If the defendant believes he will be unable to respond within 14 days then he should inform the claimant of the date by which he intends to respond.

 

The defendant's response should indicate whether and to what exent the claimant's case is accepted and any remedies the defendant is prepared to offer. The defendant should specify whether further information is need to enable the claim to be dealt with and, if the claim is rejected, should explain why and give details of any fact the defendant is likely to rely on in his defence.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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Thanks Dave...

 

Where can I get a hold of the Civil Procedure Handbook electronically so that I can quote from it verbatum ??

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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The bit I quoted is quoted verbatim.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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

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Just a quick update.....This morning the postman brought me 15 envelopes from the Abbey, containing statements going back to feb 2005. Fair enough but there was no mention of the remaining statements that we had requested. I suppose the next thing to drop through the lettebox will be the standard letter regarding microfiche.....we wait and see. In the meantime I'll use the statements that we have and estimate our total.... lets see how quick they provide the outstanding information then!!

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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Have just gone through the 13 envelopes containing statements from 18th February 2005 to 18th March 2006 and charges (EXCLUDING interest) equate to £3,177.00 and for 4 of those months we incurred no charges at all !!

 

So thats 9 months worth of charges = over 3K !!

 

Our overdraft is currently £2,900, which proves that the overdraft has come about due to these charges and the shAbbey were more than happy to continuously extend the overdraft to cover their charge payments !!!

 

We are STILL awaiting statements from 2002 onwards and / or snotty letter re Microfiche. They have 22 days left to comply to our DPA deadline.

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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  • 2 weeks later...

We have still not heard from the Abbey Re the rest of our statements.

 

We have been following other threads and its seems people have been sent letters from Sheena Small regarding Microfiche. We are wondering why we have not received any correspondence from her and if we were being ignored. We know they have received our DPA request as the Abbey have sent the statements for the last year and the cashed our 10 pound cheque on 12th April. So any ideas what the Abbey are up to ?

 

NB we have found our statements for 2004 which was our other bad year regarding charges, so our question is :

 

1. From the 2005 statements that the Abbey have sent us - total charges = 3,177 and the 2004 statements that we already have (to be added up), should we now progress this action and disregard the remaining clock time on the DPA and then progress a seperate action based on the remaining statements or...

 

2. Should we wait the full 40 day limit and then report them to the IC if we have not received any further details and then progress.

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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We have now gone through the statements that we already had and charges for June 2003 to April 2004 = £1,420. This is on top of the £3,177 charges for the statements that the Abbey have sent us.

 

We have had NO other communication from Abbey ; NO letter stating about microfiche ; NO letters stating about 4 week delay or anything else !! :evil: :evil:

 

40 day DPA compliance ends on 13th May and if we have not heard anything from Abbey by then, we will be writing to the IC and going to the next stage.

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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Proceeding with your claim as it stands should not prevent you from raising further claims in the future - good luck.

 

Regarding DPA compliance, I am sure you will have read this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4031

 

When their time is up report them.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Well the DPA request time elaspes tomorrow...... and still nothing, not even a letter as to why we are exceeding our overdraft limit (which was caused by the charges being taken out on the 10th)...... We will be writing our letter to the IC over the weekend and requesting a refund on the charges that we know.:mad:

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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Thanks for the number.....but why would/should I ring her.....I am following the guidelines set out in the library....The Abbey are aware of the rules, well so am I and many other forum members,(thanks to this great site and the hard work of BF, Dave and the Mods), they can't claim that they haven't received the DPA as they cashed the cheque and sent 13months worth of statements. To be honest I prefer to do any correspondence in writing as phone calls are harder to prove( I don't have the equipment to record conversations).

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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Thread Locked

because no one has posted on it for the last 1915 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

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If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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