DG appear to be having a few problems of late, wrong payments being sent to people and generally very quiet over the last few days. Perhaps they are under a bit of pressure with the amount of work they are having to do and trying to buy themselves some breathing space while they sort things out? Whilst they are dealing with those issues obviously other claims are not being looked at at the same rate as we have been used to. They could find themselves with a nice little batch of default judgemts being claimed !

Markd. Totally understand your frustration in this matter. My point is though, before getting too involved at finger pointing we have to establish the facts of the maytter as all may not be as it first appears. I read a document on this site the other night about DG's (for want of a better description) marketting material, if i have understood this correctly they use an electroinic invoicing system The chances are that the bank whilst on the face of it may well have posted out inaccurate info and material in the form of cheques etc, the chances are this is not down to them but the electroinc system. That is to say DG MAY of entered incorrect details and hence the problems being experienced. The data protection issues may well be in the end legally the banks problem but we need to consider all the possibilities and who caused th eproblem. HSBC may on the face of it be appearing to be dragging thier heels, and they certainly should at this stage be going all out to resolves the issues, they might alos be very confused by what has happened and ignorant of the actual facts of the matter. If i was in this position i probably woudl look at my options. I could do nothing and wait for default judgement, I could write to HSBC setting out very clearly what has happened to date and concisely seek options for satisfactory conclusion. I could write to DG as above and request that they as the banks solicitors resolve the matter within 7 days or the claim remains inorder for the judge to decide on the merits and options he may use in this matter. Once you have secured resolution i woudl then consider my options as to what i could then do about the mismanagemnt of the refunds. As i said earlier you have to be totally clinical about this and show or indicate any emotion, everythigjn you wirite and say coudl be used by them to defend thier actions at soem time in the future. Let us b eperfectly frank here, they do not care one iota about us as individuals, they care not about our personal circumstances or needs, they are there to make money out of us and nothing more. TO PUT MY RAMBLINGS IN PERSPECTIVE, I am probably the most obnoxious foul mouthed individual on this group, but i quickly realised by ranting and raving on the phone does me no favours; i now only communicate with these people in writing, when i can consider, plot and execute politely and clinically. It is les stressful and i dotn end up making comments that could to be my detriment. Slowly slwoly catchy monkey for me from now on. At the end of the day i try not to loose sight of my intentions, that is simply to reclaim my money as smoothly as possible. It isnt going to happen overnight and they will try and use every trick in the book to stir a reaction or delay matters, at the end of the day it is costing them more and more money each day it continues, if by chance i am given the holy grail of oppertunities of setting the bailiff's onto them all well and good and a huge added bonus. One considered step at a time and we will come out on top in these matters.

Best of luck with it.

Matt. Did you only claim the difference betwen the actual charge and £12.00 ? Most people have been claiming the full amount, the £12.00 issue was only the OFT saying that £12.00 was most they would expect to see. In effect no one has said that even £12.00 is lawful or reasonable. Personally i would and have claimed the lot.

Did they put in thier offer; words to the effect of this offer is available until such and such a date? If so then they have,or will fail to keep thier side of the deal. Claim continues. Have you told the court the claim has been settled? if not it might be an idea not to do so until you have the money or you can get the default decision. I,m not defending the bank, but it may be that they are unaware of the whole picture or at least were at the time of the mix up. DG will be doing most of the decision making in this taking out of the hands of the bank, the issue may well lie firmly in thier hands as opposed to the bank. It is i would imagine very frustrating, but to have the best effect on them is to be absolutely clinical with all concerned, they will be more bothered about this than if they are thinking they have wound you up. I woudl concentrate my efforts on DG, leave the bank out of it for the moment, that is what they pay DG to do. No doubt the experts will offer soem sound advice of how best to handle this, i personally think if handled correctly and calmly you can have them jumping through hoops over this. Best of luck with it all i hope it is resolved very soon.

At the end of the day the way you choose to go about this is entirely up to you, if you sent the LBS by recorded delivery and can prove it was delivered then they will have a hard time saying anything to the contrary. They will not be able to use the we didnt know about it arguemtn if you have used the template letters as this will set out your timetable, the court in any case will let them know you have registered a claim.

I dont mean to sound rude so please do not take offence. You really do need to enclose the fee for the SAR, you are after al askign them to comply with a fee paying request. In some cases they will return that fee and provide the information free of charge, if they see a get out then they will use it. Enclosing the fee means they cannot charge you more for items you have requested. If it were me i would resubmit the SAR with the £10.00 fee and see what happens.

If you have sent the LBA, then no need to write to them again in my opinion. Once the 14 days has elapsed fiel your claim. Up to them to do the runnign around not you.

SAR complete with payment is the best approach, i havent heard yet that anyone has actually had to pay for statements after submitting the SAR. The branch are probably behavign as they have been taught, and wont have the first idea how to dela with soemthing out of the ordinary. By posting the SAR and payment, it gives the bank a cleaer indication that you know what to do and how to do it, they are less likley to give you the run around.

Is this not a data protection issue? Perhaps one of our experts could advise?

Did you file a claim? If you didnt file a claim then i think you may not be able to claim the 8%

Did you use the SAR Subject Access Request template and enclose the £10.00 fee. If you did then i belive the next step is to LBA on the basis a complaint will be issued to the info comms'r The SAR is your request for the info, they are obliged to supply the requested statements, and cannot charge more than the £10.00 fee. First Direct and perhpas others have supplied al stateemnts free of charge and have returned payment. It is a ploy by Barclays to slow down and frustrate the process. They will ultimately supply the info.

Interestign tactics beign used here, not sure of the anyone else's view, but i woudl hazard a gues they are on thin ice making a condition of refund closure of an account that has been run smoothly.

That is what i did, whatever do not send the spreadsheet with the 8% showing at this stage that will coem if you have to submit a claim. Not sure how you stand if you are claiming contractual interest though. You may have to have a trawl thorugh a few threads to work that one out, or one of the Mods may be able to help/ advise.

Clearly this is a new tactic being used, a similar post was put on this site today. If you have asked for all the charges to be refunded, and they have offered something less then if it were me i would continue, i would now send the LBA, as they have answered your request so i reckon the 14 day period has been negated. If they respond to the LBA in a similar fashion i would immediately register a claim pretty much on the same basis. Perhaps the mods could clarify that this is right? If you want to accept the refund, then that is your choice.

I would go for B. You have been seen to be fair and willing to pay them off. A pain having to do another claim, but they have to realise that we are serious about taking them on.

The defence given that it has come so quickly strikes me as being an indicator that this isnt the first time they have been challenged and is a run of the mill exercise for them. I wouLd guees that your case isnt unique and these lovely professional people do this type of thing all the time. If they had your permission as they state why wait to make the transactio? surely they will be able to prove that they spoke to you when you gave them permission to take the payment second time around? I would be tempted to speak to the bank too, i'm sure you prevent furhter payments being claimed by these lovely people.

You can either rewrite a letter based on thiers and leave out that clause, or just put a line through the clause and initial it, this seems to be what everyone else is doing.

I guess by closing, switching accounts that takes a little bit of leverage away from them, they seem to have adopted a policy of withdrawing/ closing bannking facilities and making offers less than the full amount and not applying the closure bit. FD need to realise that there is a growing number of people who are nto prepared to led by them, leave them with as few options as possible to worm out of paying up.

I havent seen this approach before, looks like they are reaching the poiint where they are not going to roll over and cough the money. May i suggest you PM one of theexperts and get some sound advice, i seem to think there something you might be able to do about slapping an injunction on them to prevent account closure. Don't know they nitty gritty of how this works so you need soem good reliabel adivice before making your nect move. A new account is certainly a wise move though.

Just a quick question. Did your 100% offer include the 8% interest, readign another thread where they dropped the 8%? And congratulations, hope you and the dosh will be very happy together, better in your hand than thier coffers.

I think (please do correct me if i am wrong) they are now on extremely dodgy ground, if they are judged to have taken this money from you via the court case, they could feasably stand to loose their license? That being the case they will nto be allowed to continue trading. Implications of which would be of course very expensive for them....

Well done mate, nice to hear they are getting a good pasting. Onwards and upwards

Have they settled yet, just interested to see hwo it all went. Haven't seen too many posts of settled claims recently?

Not sure what anyone else thinks, the original sounded a littel confrontational so i have taken a bit of the sting out of it? The thing to remember you want your claim to be dealt with quickly and reasonably, no matter what you actually think of the bank, real people have to read these letters and make decisions based on what you write, be nice and polite but firm, it pays dividends at the end of the day. This of course is only my personal opinion, you are free to deal with this in any manner you choose. I respectfully accept your offer of settlement of £3249.71 on the condition that the payment is made via cheque made payable to Vaishali Patel otherwise I will continue with the County Court claim as issued. I will not acknowledge any payment unless is made as stated via a cheque. I trust this clarifies my position.