so basically if you run out on a debt and never acknowledge it you are in a better position than if you contact the company and try to reduce payments and offer a lower settlement, madness

good luck xx

I would write to the information commissioner as well as they want details of Abeey's non compliance thanks good luck

I know I absolutely hate Indian call centres!

yes it was definately India, when he said they don't give out refunds I asked where he (Abdul Syed ) was based and after a while I got out of him that it was India. I reiternated that maybe in India they are not giving out refunds but in Britain they are.

:)well spoke to Sky today a manager in India, and they said they never offer refund on these charges except when there has been something wrong with a direct debit, I said I know different because of the consumer action group. I said I was giving them the last opportunity before action and expect to be refunded and pointed out the fact that I know they are refunded others and expect to be treated the same and to be given the same consideration as other customers. any ideas for a wording of the letter before action? I will need to issue a court claim on what grounds in law would I put on the particulars of claim?

interest will be an extra £150 so kinda hoping it goes to a claim

I actually got my Microfiche today just in time to be 40 days They owe me £360, hopefully the hardest part is over, will be sending the preliiminary letter today and keeping to a tight schedule as they have. Need to investigate when the are settling as I have read a few threads where it is going on and on Sandy

I have only asked for £140 the LBA hasn't been replied within the time limit to so putting in a claim anyway, I go with the assumption court action will need to be started not the assumption they will settle beforehand. That way I'm unexpectedly surprised and happy if it is settled before the claim is issued.

yeh I know that is the draft approach but I have no charges on any statements I have to estimate with, so it will be picking a number out of a hat!

:lol:rather surprised this is still ongoing, I must say you have a lovely bundle there hehe:lol: good luck xx

sorry I can't give you general guidance as I have asked a few times for my default to be removed and will be answering replies from cpaital one where they say I have an outstanding balance etc, the process is defined in the leaglities section at the bottom of the forum, basically I will ask again, nicely haha I will then issue another s10 notice, and file a claim for default removal @ £150 a claim on N1 quoted from legalities The Company Secretary GrabItAll Bank plc Large Ugly Building with nice view of Thames Somewhere in London Postcode [must go to their company registered address!] [Date] Dear Sir, Re: Formal notice to desist from processing or disclosing personal subject data I have recently conducted an audit of my personal credit reports supplied by Experian, Equifax and CallCredit. It is noted that there exists, within all three files, an entry referenced as “xxxxxxxxxxxxxx plc” indicating a former xxxxxxxx Loan (now closed) of £x. This is recorded as “In Default” albeit showing a settlement date of dd/mm/ccyy. I am contesting that xs’ continued processing of my data is an unwarranted act and I enclose a Statutory Notice to that effect, which is deemed served as of the date noted on the Royal Mail's Recorded Delivery service audit. My written permission allowing x to continue processing, or disclosing, my personal subject data was revoked upon termination of that original contract and I hereby reiterate that revocation. I also do not recall receiving any such Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. Unless the Bank can provide a true copy of the said Notice, then I consider that any default entry on my credit files to be wholly unwarranted. However, if you can supply the copy, then I also contest xs’ continued processing on the following grounds. As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5: “3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed. 4. Personal data shall be accurate and, where necessary, kept up to date. 5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.” In my case, x is still processing data after the cancellation of the contract, whether or not this is a simple renewal process of the default flag, daily or by other timing factor. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation. This is confirmed in Principle 2 of the Data Protection Act, which states: "2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes." I emphasise the term "specified and lawful purposes" as in ‘those specified within the contract’, and no more. I also emphasise the term "shall not be further processed". I have taken the matter up with the Credit Reference Agencies, and they had claimed that they had a

S.A.R - (Subject Access Request) was sent to data controller RBS 30 St Andrew Square Edinburgh prelim sent to rbs Customer Relations Customer Central Support 1st Floor The Forthstone 56 South Gyle Crescent Edinburgh EH12 9LE if you are in England the Princess Street Address is the one you want to file with definately not Edinburgh, I got my statements from Southend on sea

thanks Lula I will, they still have 3 days though. I would like to get this one at least off the ground

Rbs Litigation 1 Princess Street London Ec2r 8pb

from above Stickland, Carol" Carol.Stickland@rbs.co.uk She is a litigation officer and also forwarded mail for me and sent me confirmation too. This will deffo work and if its a LBA a better bet too. let me know how you go on Martin

there are lots of contacts in this section (look above) as you can see I sent them to carole Strickland

still no microfiche date is up 6th November I think, now I will have to guess and it will be a guess based on nothing but remembering how angry I was to get charges years ago. I suppose overestimating is the best idea to get them to supply the real details

well surprisingly for such a little amount they haven't replied so will issue a claim on Monday online

wow you don't mess about, good luck x

not on money claim online only with an N1 form. crap one just settled in full for me and now I'm going after the default as a seperate issue first with more letters and then a N1 claim form

is this similar/same to the other thread?

it seems we have different advice on different threads, isn't her reply the same as I got regarding cancellation notices being pre contract only?

if it does become immediately payble at court you can still be means tested and pay it off very slowly

rang them today to see if it's all clear no payment yet so not stopping the claim, they told me not to pay any more money in as they will owe me money on top, a whole £3 lol