on Monday this week I received hand delivered letter from JBW relating to a tfl congestion charge. There was no tfl reference on the letter. I contacted tfl as i had not had a congestion charge and they told me it was in February which is odd as i haven't been into London by car this year. anyway i went to do a PE2 and PE3 from the TEC as the bailiff had come late on Monday i would not be able to get to the County Court for a witness signature until Wednesday. On Wednesday morning they clamped the car that was supposedly involved. I am the registered keeper of this vehicle but not its owner. I got the forms signed, witnessed and sent on the Wednesday. I then turn my attention the bailiff himself on the first letter the signature was just two upside down Vs the second letter was had a name that looked like Mr. ***** or *****. I sent the following e-mail to JBW as I couldn't identify the bailiffs name and to inform them that they have clamped a car I don't own. Also thee balance has gone from £268 in the first letter to £550 in the second. This is to inform you that despite your not allowing reasonable time between visits letter was hand delivered on Monday and a car was clamped on Wednesday i have submitted an out of time application PE3 and PE2 forms to TEC as your bailiffs visit on Monday was the first contact made about this alleged charge. In addition the supposed fee of 550.84 for a unknown fine off £200 is wholly disproportionate to the original charge and according to law the maximum i could be for the two visits is £296 i request a complete breakdown of costs as to what exactly you believe you are charging for, i have included the relevant law below and the calculation of costs as worked out to the letter of the law. 1For preparing and sending a letter advising the debtor that a warrant is with the bailiff and requesting the total sum due£10.00 Note:The fee under paragraph 1 can only be recovered if the letter is sent before a first visit is made to the debtor’s premises. 2For levying distress— (i) Where the sum demanded and due does not exceed £100 £20.00 (ii) Where the sum demanded and exceeds £100 20% on the first £200; due 5% on any additional sum over £200 For attending to levy distress but where the levy is not made, the reasonable costs and charges for attending to levy.The costs and charges are not to exceed the fees and charges which would have been due under paragraph 2 above if the distress had been levied.The costs and charges are subject to taxation under rule 11. 20% of £200 is £40 x2 visits = £280 20% VAT is £16 Grand total of £296 Why have you £254 more than the law says you can. I am also informing you that Whilst i am the registered keeper and main user the Ford Mondeo registration ****** i am not its owner therefore any attempt to tow it would not be legal. Finally the names of the bailiffs on both letters are unreadable please supply the name of the Bailiff/s dealing with this as i wish to check they are registered. This morning he left a message that confirmed it was ******. I have checked online and there is nobody with this surname certificated. Unfortunately the MOJ must be at the Olympics as their telephone keeps going through to answer machine. I sent a text to the mobile number asking him to supply what court he was certificated at and when. they only reply i got is who is this. I'm dubious about revealing who has asked this I don't want him to harass me via my mobile. Anyway that is where I am at the moment any advice as to what to do next would be much appreciated. I have stared out the names as i though it might contravene forum rules to reveal them if it doesnt i will hapily put them back in.

Well its good news. My sister acted very quickley (actually whilst i was typing the original start of the thread she was getting this issue resolved.) and bank have returned the money as they feel very clearley it was fraud and the account was one that needed two signatuers to withdraw funds from it.

subbing. Good luck against Lowells

I’m not sure if this is an appropriate place to ask but I know cagers are often very knowledgeable about consumer law etc and may be able to help. Anyway my sister very recently split up with her husband who was drunk and verbally abusive. Just yesterday he forged her signature and withdrew all the money from their joint account. Talking with some friends at work (conveniently a bank) they seem to think that the bank was negligent and therefore should refund the money and chase him for what he took. I’m not convinced of this and it’s not exactly my friends’ area of responsibility at work. Does this sound true as I have had fraud happen to me and had a devil of a time getting the bank to take any notice and didn’t get anything back.

i was previously a member so the free trial isn't aplicable.

I want to get my credit report from experian but dont want to pay for there "insurance" (surley another PPI style [problem]) which makes up the majority of the cost. how do i go about getting my credit ref without it?

This is probably jsut be being stupid but i cant find any Templates in the Library for claiming PPI can someone point me in the correct direction?

Unfortunatley i had the same thing happen a long time ago wiht NatWest they paid out after i had a cancelled the card. Im currently in the middle of an OFT case against NatWest as they put there blinkers on and ignored my complaints.

It's a CC thats been paid of im looking to claim PPI back yes the credit insurance fee is another terminology for PPI. I thought the finance charges might be interest but there is more than one a month.

Here is a sample statement as you suggested. there is more than two of thesee finance charges they really dont make much sense to me. IMG.pdf

Im looking into claiming back my PPI charges with MBNA/Virgin and i not iced that there is an unexplained charge on there simpyl called finance charge. I though at first they might be the interest but there is often more than one a month. Does anyone know what they might be for?

thats great thank you.

So I have to claim them separately? Do I still use the same spread sheet to calculate the charges.

A quick update capital one got the required information to me. Although they have not supplied some of what was requested such as the third parties they have passed information onto (with the exception of the credit reference agencies) claiming the information is commercially sensitive. I have a spreadsheet from this site for working out charges like PPI but i'm confused about other credit card charges. I know the banks won their court action about charges but what the credit card companies?

You missed my lba and i missed CitizenB's link will give it a read. i would agree they have broken the law and i fell its probably deliberate, so maybe the court is the right place. BTW do you think this would be a good place to post my CCA its just a page with my signature on and reconstituted terms and conditions was im a bit confused out the whole reconstituted agrement thing.

Hi ims21, Having had a quick read of the ICO's guide to going to court you have to contact any ombudsman that may regulate this before going to court i.e the ICO themselves so i guess option 1 is the way to go. I have already sent an lba to them do i really need to do a second before complaining?

Well it seems capital one have still ignored my new letter so thats 40 days plus 2 and a half weeks they have had to supply the information. Really could do wiht some further advice im goign to raise a complaint with the ICO. But im very interested in going to court about as this as thyey are being rather blatent in there ignoring of my letters any advice on this would be gratefully recived.

I just re read what they sent in there CCA reply this is the relevant bit "I acknowledge your request for a subject access request (SARS) and have pass this request to the relevent department who will contact you shortly" seems they did realise it was two things. Hopefulyl the reminder will prompt them into action.

It was all on the same letter

thats great thanks and it was £1 for the cca and £10 for the sar £11 total

How does this look as a letter? The Data Controller Capital one, Trent House Station Street Nottingham NG2 3HX LETTER BEFORE ACTION Section 7 – Data Protection Act 1998 Dear Sir/Madam Account: 5460 9761 9190 7644 I sent you a letter on 11/4/2011 the disclosure of personal data has not been done you have failed to provide a complete list of transactions and charges, Statements. You have provided no notes, or documents relating to instances of manual intervention. This is not an exhaustive list by any means, it is just an example of some of the information I am missing. Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998. I note that you did comply with my CCA request in the same letter so there is no reason not to comply with my SAR request. I also note that you have cashed the postal order of £1 for the CCA and £11 for the SAR. The time for compliance with my request has now expired. If you do not comply fully with subject access request within 14 days, I shall apply to the Information Commissioner and or the county courts to enforce compliance and seek any damages the court deem appropriate. Yours faithfully,

All good advice, it was sent recorded and they definetly recived it as they replied to the CCA request in the same letter. Also they cashed the postal order on the 10th of May. I will send off the letter giving them 14 days to comply see what they say after that.

I have sent a SAR to Capital one which has been ignored by them proabbly as they know they now owe me money due ppi charges etc. They complied weith my CCA request on the same letter. Now can anyone advice if i should go to the Information Commisioner or to the county court to compell them to copmly. Whichever action i need to take i know i will need to send a letter telling them what will happen and giving them seven days to comply before i take further action.

yes i tried the overdraft route as well altough they said 6 months for me. when they where still a&l long before they wher etaken over i was in a similer situation altough was only out of work for a month as soon as i mentioned that they reversed everything! i miss a&l

Yes they used to be a good bank until santander took over.