it's always best to adjust the template to fit with your own circumstances - theya re there to give you a guide as to what ought to be included. It's also best to stick to the timetable you've set. So wait the 14 days, even though they've responded. That way if you did end up in court, you could show the judge you gave them ample opportunity to sort it all out before getting to court

I'm not an expert (not even an amateur!), but my gut instinct would say the bank is liable. If the account details state that the signature of more than one director is needed on cheques, then they shouldn't be cashing them unless they have that.

you can claim from bank accounts, credit cards, loan accounts and more. I'm sure you've already done this, but there is a lot to take in, so I'd suggest another read of the FAQ to make sure you're clear on everything before you start. You'll find it a much easier process if you know what's ahead at each step welcome and good luck!

it does seem a little previous for them to be threatening legal action without having contacted you first. In any case though, when you buy a second hand car it is generally up to you as the buyer to ensure that the car is in an acceptable condition, unless it has been grossly misdescribed or somesuch. If they brought a mechanic with them and you knocked money off for additional problems found, I can't see they've got a leg to stand on. As far as Ebay goes, they certainly haven't. Ebay car sales are not final and binding in that once you win an auction, it is not a binding contract because obviously you could get to the car and it could be a complete wreck. But that only covers the buyer up until they actually go ahead with the purchase. Ebay just protects them so that if they win an auctiona nd the car is crap they are not required to follow through and pay, The buyer was obviously satisfied when they looked around it, so that satisfies the ebay side of things.

you'll have to allow them the rest of the 14 days, but I would continue to go for the rest of your money. Don't let them fob you off with only part of your money - unless they are prepared to prove that it costs them £12 in expenses for each offense, £12 is still a penalty cahrge and therefore is just as unlawful as £35! So - let the 14 days run and then file your claim with the court, if you haven't had the rest of your money by then

then you've probably deleted the formula along with it! try downloading it again, and overwrite your details, rather than deleting the whole lot. Then when you've finished if there are still fictitious charges below yours, delete them! or you could insert the formula yourself: for days since offense the formula is: =DATEDIF(D5,NOW(),"D") where D5 is the cell with the offense date for interest the formula is: =(C5*0.00022)*F5 where C5 is the cell with the amount of the charge and F5 if the cell showing the days since offence

lol he still prefers boob ... and as everyone knows, braincells leak out through breastmilk lol [/off topic] Anyway, now had time to think a bit and I think this strengths the case against Abbey, unless of course the IC are telling us one thing and Abbey another.

Just thinking through what I was told - if they are currently investigating the systems and have yet to come to any conclusions, how can Abbey have been told that theirs is not a relevant filing system? Was also told that a relevant filing system had to have an index and subdividers ... sorry this is coming in dribs and drabs ... am trying to feed a baby at the same time ... brain cells are disappearing lol

I did but I got a general answer. I was also told that if I submit a complaint now it would take a few weeks to be assigned a case officer.

OK then Just spoken to a lovely lady. The IC's banking team are looking into the microfiche argument, due to the number of complaints received. They have split the banks up, and each person in the team is looking at a couple of banks. The initial feeling is that banks cannot rely on the fact that information is stored on mircofiche as a reason not to supply that information under the DPA and also cannot charge the extra they have been asking for. They are urging people to put their complaints in writing so that they can be passed on to the person dealing with that specific bank. They will publish their finding when they complete the investigation and if necessary look into individual complaints. My question was "is it true that my bank do not have to supply information stored on microfiche under the DPA, because microfiche is not a relevant filing system" It seemed to me that they are looking at each bank individually to ascertain if each bank has a relevant filing system. Any thoughts?

... "I'm sorry, all our operators are busy and your call is in a queue. You call will be answered as soon as an operator is free"

whats the number ? lol edited: it's ringing...

have a look around the form, as this problem has been looked at already. It was confirmed that it should go in the small claims court for the minimum fee.

it doesn't depend on the OFT though does it? The law is the law and if the OFT allow breaches to slide, I'm sure the courts won't!

a perfect way to describe Barclays customer service! I don't know the answers to your questions, but I would be very surprised if they could continue charging interst at the unauth. OD rate after the contract has ended, which it clearly has. When the account is open, you agree to the T&C but when it has been closed,, the T&C surely don't apply. I would be inclined to challenge it.

yeah so long as your claim is right in court I wouldn't worry.

snap lol and again lmao

£12 for each offence and reasonable costs - I thought the £12 was (supposedly) the reasonable costs! They really don't get this do they?

it's just a standard thing in forums, to give members names or titles related to their post count. It doesn't tend to have a bearing on anything, so it's not usually thought to be worth detailing

the interest you can claim back from your overdraft is only the proportion of interest incurred by those charges though, and at the rates that applied at the time the interest was cahrged. You would need to know what the interest rate was at each point from the time the charged was levied, and how much of the your overdraft interest was due to charges and how much was due to being overdrawn without their help! It can mount up in some cases, but I think most people would drive themselves mad trying to work it out.

well, they have 40 days to comply and then can use it all if they want to. Did you send DPA letter from here? Did you send it recorded delivery -c an you check they've received it?

Alan, when they failed to comply with the CCA request, thereby making the debt unenforceable, did you write telling them you would no longer ackmowledge the debt (or someyhing similar) or have you left them to get on with it, only to take action if they try to persue you? I ask because Aktiv Kapital's deadline for my case is Monday 19th, and I'd like to know if I should write to them or leave it be.

this is being heard in the small claims court? if that's the case, then am I right in thinking that Abbey cannot seek to recover their costs?

did you send your request recorded delivery? Always worth doing, so that you know whether or not the item was delivered. I'm not sure I would start the procedure again. I think I would be inclined to write to them stating that the 40 day statutory limit for the SAR has expired and that if they have not complied with the request within 7 days you will report them to the IC and/or take court action. You can then file a claim against them in the smalls claim court to force compliance. Do you think they are telling the truth when tehy say they haven't received it? If so, then you probably should send it again, but I'd be inclined to think it was more "lost in the system" and that's not an excuse for missing the deadline.

claim the lot, and keep claiming the lot. If they want to say £12 id fair, let them prove it in court.