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AirScape

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  1. I've won!! Today i received a letter from HBOS explaining that though they will not admit that they agree with the legitamity of my claim they cannot commercially justify the cost of defending it and in turn are sending payment for the charges, interest and the court charges incurred. The one thing that they did point out is that I made my claim against Intelligent finance, when really as it is a subsidiary i should have Claimed against Halifax PLC. Still all good news!!! thanks for everyones help!!
  2. Money claim is suggesting that i detail a daily rate of interest. What should i be putting as this amount - it is talking specifically about the rate of interest from the point of which i file my claim, to the judgement or repayment date.
  3. I applied to egg over 3 months ago for my information, and after watching the DSAR fee get banked and still no info after 40 days i complained to the Information Comissioner, and forwarded a opy of my letter to egg. a week later and they have printed off every piece of information ever held against my account. A little overkill on their behalf but better than the previous response... Anyway for all of you that are STILL waiting on egg, i found telling them about your complaint to the information comissioner really does scare them into sending the stuff (I wasnt even asked for proof of ID). Now to work out how much they really owe me!
  4. Thanks for the replies and the votes of confidence guys!! I ended up sending the following letter and writing to the information commisioner. I decided that perhaps a softer approach may be wise as I still have a balance with Egg and cannot afford to pay it back on demand! Please let me know your thoughts: LETTER TO EGG: I write to you regarding my letter to yourselves dated 26th May 2006. In this letter I clearly outlined a deadline of which I expected to receive the information I requested in relation to my account. I have enclosed a copy of my original request for your reference. I quote from my letter: “I enclose the statutory maximum fee of £10 for each account as prescribed by the Data Protection Act for Subject Access. You have 40 days in which to comply with my request.” The 40 days as previously stated has now elapsed and I have yet to have any form of reply from you. I would also like to bring attention to the fact that the cheque I enclosed for £20 to cover my statutory fees has been banked, therefore I see no excuse as to why you have not fulfilled your responsibilities. I have now forwarded a copy of my original request, along with this letter to the Information Commissioners office outlining my issues and requesting their intervention. LETTER TO INFORMATION COMISSIONER: Dear Sir, EGG BANKING PLC Please find attached a copy of my letter dated 26th May 2006 to Egg banking PLC. I have firmly outlined deadlines and on my part have fulfilled my responsibility to make this request in my letter. With my original letter to Egg banking I enclosed a £20 cheque to cover my statutory fees with relation to the request. This cheque has been banked, yet I still have not received any information from Egg. Your immediate attention towards investigation of why I have yet to receive this information, with a view to obtain the information as soon as possible, would be appreciated. Yours faithfully, wish me luck!!
  5. I wrote to egg on the 26th may, and enclosed a cheque covering the amount stated - Egg haven't replied (and we are a good deal over 40 days later now), but they have banked my cheque!! What should i do? report them to the Data protection official straight away, or write a letter chasing them first?
  6. Intelligent Finance 1 Baird Road Kirkton Campus LIVINGSTON EH54 7AZ Dear Sir/Madam, REQUEST TO REPAY OF CHARGES RELATING TO PLAN NUMBER: XXXXXXX My request I am writing to ask you to refund to me the charges which you have levied from my account over the last 4 years. I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs. Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. Your responsibilities I would 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 consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now. What I require I calculate that, as at today’s date, you have taken a nett total of £447.00. I request that you refund this amount in full and enclose a schedule of the charges which I am claiming with this letter. Targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days from this letters date to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. Therefore I shall expect a response by 16th July 2006. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Yours faithfully, ----------------------------------------------------- Let's see what they have to say! Oli ----------------------------------------------------- IF - DSAR sent May 26, Replied 1 June - £447 charges, Preliminary request sent 2nd July, 16th July deadline! Egg - DSAR sent May 26, No reply yet!! Deadline 5 July
  7. Thanks, what about the request for refund letter - should i just use the template in the forums with no changes?
  8. Hi Guys, Apologies, I know I spelt Intelligent wrong!! I am currently looking at reclaiming £447 from IF, I sent off my DSAR letter and received a prompt response as i can tell everyone else dealing with IF have, jsut listing charges and telling me that the information i requested was not covered by the Data Protection Act. Personally im not to fussed as to whether or not it is covered as they have provided the information i need! I am looking at the interest working forms, am i right in thinking that i should be filling this in regardless and going for the full amount as a refund out of court in my preliminary approach for refund? or should i only be applying for the actual charges subjected to my account? I tried to figure out this from the instructions and I couldnt really tell. Also, as they are a Scottish based bank do i need to add anything into the request for funds covering this point? I am a british resident so i am unsure as to what i should do from here. Anyhelp would be appreciated!! Oli -------------------------------------------------- IF - DSAR sent May 26, Replied 1 June - £447 charges Egg - DSAR sent May 26, No reply yet!! Deadline 5 July
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