I sent of my SAR earlier this year (January) and have not yet rec'd a reply Due to other commitments and a succesful claimfrom Halifax, I let the Cap One claim slip a little (or a lot really) and have only just got round to calling them to chase my stmts. Spoke to someone called Dipti on the enquiry number and have been assured that the stmts will be sent out within the next 21 days... However, when i first set the ball rolling, I believe that Cap One were refunding claims to the full £20 as opposed to the £8 per unlawfully taken fee that they are now refunding. My questions are: Are Capital One refunding at £20 per charge, or are they using theOFT amount of £12 being fair and only refunding the difference? If they are only refunding £8 per charge, when did the start with this amount? If, as I believe, they have only been refunding £8 per charge since I sent my original SAR, would I have a chance of reclaiming £20 per charge?? I accept that I am to blame in any delay, but I will find it really irksome if due to my inactivity it has cost me £12 per charge...!! All responses greatly appreciated.. Survivor

**nudge**

Probably... Best bet would be a lunch time - if you COULD book it... plenty of disruption then:D

Guess the next step will be warrant of execution - you goin to let the local press know..??

kcom, Have a read of my thread: http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/56689-survivor-halifax-new-claim.html I started in Jauary with a phone call to request statements, and got the money in my account 1st March. I followed the advice from this site, and used the Template Library for all the letters that I sent. I filed N1 at my local court in Hull, as I wanted someone to check that I'd completed it correctly. Just remember - you're only claiming back your own money that has been taken from you unlawfully - if you ever have any problems, just shout up and there will be someone to answer/help. I'm now claiming back charges applied to the wife's account Check these links fo help/advice/guidance FAQ's - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Step-by-step instuctions -http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html Template Library - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ N1 Form (.pdf) - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html That should give you enough to be going at - if you need anymore, then just shout up. Survivor --------------------------------------------------------------------------------------------------- If you found my advice usful, please click the scales to the left - Thank you.

Thanks ss lady, It has to bedone, but I'm also starting on my Cap One card as well, so I think I may get a bit busy. There's also 3 or 4 people from work who keep asking me about how to get started - all pointed in the direction of this site... Yet more to claim against the unlawful charges... How's your claim going...?? Survivor

As per the thread title... Statements on their way - let's see them tell me/the wife that their charges are lawful and the don't repay them - I KNOW DIFFERENT... Survivor

Money finaly deposited into the account on 1st March - now going after Mrs Survivor's account

Hi Sally, I've not been in the Halifax forum for a couple of weeks, so haven't been checking your thread - I an't believe that you're still waiting... IMHO, I'd give them a call. I did and got a negotiated settlement of the full amount. Just remember to be polite and courteous at all times - I was and it worked. I would suggest that when yo call them, just ask if there is any furter pdate regarding your claim. Whoever you speak to will probably put you on hold and finally come back to you and tell you that there are no updates. At this point I just tahnked the woman on the phone and asked that the file was updated with the information that I had filed at court - shealso said that she would e-mail a customer relations manager in the hope that it may 'gee them up a bit' - her words, not mine. 90 mins later, I got a call and was offered approx 60% of my claim - upped to 100% + costs + 8% s.69 interest. I'm sure that many people will advise you to let it run, and others willsuggest hat you make the phone call. At the end of the day, the decision will be youre, I can only tell you how it worked out for me.. Survivor

Star, 7 days from faxing back acceptance and posting original, they credited my account with the full amount. Survivor

Hi, Banks will try to tell you tht they will take upto 4 weeks to resolve your complaint. They will also tell you that they set the deadline, not you. Ignore all the hot air and bluster that they try to get you to believe... It's your claim, stick to your deadline (as per the recommendations on this site). I did and have successfully claimed back my charges (plus 8% s.69 interest & court costs) as have others. The advice on this site is tried and tested - to a successful outcome! Stick to your guns and don't let Halifax bully or stall. Have a read of my thread to give you an idea: http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/56689-survivor-halifax-new-claim.html Read as many of the successfuls claims as you can - it'll help you understand how easy it really is. Hope it all helps.. Survivor

Holly, I spoke to Halifax Last Wednesday and was told that it would be sorted by March 9th, however, woman I spoke to put a note on the system in the hope that someone would get back to me sooner. 90 mins later I got a calloffering me approx 60% of my claim. I politely declined their offer and pointed out that I had commenced court proceedings, so would accept their offer as partial settlement only and required the full amount claimed plus costs & 8% s.69 interest. I was put on hold for approx 2-3 mins and she came back on the line and offered the full amount on condition that I stopped court action. I tiold her that court action would only be stopped once funds had been deposited into the account. Letter of confirmation arrived the following day, which went back by return, and money has been deposited into the account today - Think the next Halifax ad should contain the tune 'Oh Happy days..!' Give them a call, but remain composed and polite. If they say that what they have offered is the maximum, then confirm with them that you'll accept as part settlement nly and will pursue the remainder through the court system. Don't get stroppy, andthank them for their time - that really gets them..! Godd luck with the phone call - keep us all updated.. Survivor

Muggins, Unfortunately, I can't help with the DPA Non-compliance as I had no problems. With regard to the statements, just fill in the spread sheet, and where it asks for reason, put 'charges as notified. As far as 'interest debited -notified last month' goes, I claimed for all of those entries on my statements and got full settement after filing N1 @ court - money in account today . IMHO, it may be worthwhile doing the same, mine only totalled £250 (ish) over 5 years Keep us all informed how you get on with you DPA non-compliance... Survivor

Chopski, Did you add 'interest debited - notified last month' ? - I did and my claim has been settled in full, with costs & Howards 'little Xtra' 8%.. Money in account today. Survivor

annabella - they got my acceptace last Thursday, and money is showing in the account today Survivor

Having looked through a few threads on here, can I assume that Barclays are a little loated to pay out. I ask, because I have been sucessful with Halifax and have been asked to offer some guidance to a friend with their claim against Barclays (they don't have interent access). From reading some of the threads, it appears that they state that they will defend, you then have the joy of an AQ, and then they seem to pay - any otheradvice re: Barclays..? Survivor

Star, Have you re'd payment yet... still waiting for mine, but then it's only 7 days...

Halifax have this morning announced their annual profit for 2006 as: £5.7bn Or for those that like to see it written in full: £5,700,000,000 Makes the £1.5m claimed through CAG seen like small change, and still they argue.. Survivor

Halifax PLC - that's only of they're claiming from Halifax and not another bank...

Thanks all for the congrats.. Terry, I'll bookmark your thread.

And isn't it a good feeling to get the first clam under your belt and settled - had written confirmation this morning - Capital One and wife's Halifax a/c next..

Thanx ss lady - I knew someone would have seen the same thread... Tried to give you a rep point, but wouldn't let me - I need to spread myself around a bit more apparently... Survivor

Good news... Got the letter of confirmation today . No mention of any condition on the acceptance form, however, there is mention of this being '... in full & fianl settlement of my complaint regarding bank charges...'. There is also no mention of future charges. Now i have seen a couple of threads with alternative letter templates on them, but now can't seem to find them - anyone able to point me in the right direction..?? Thanks in anticipation, Survivor

Congrats to both Mr & Mrs and docannie.. Seems to be the day for settling today - called them this morning and was told '..sorry, its 8 weeks..' However, I kept my cool and explained that I had hope to settle prior to court, but had now filed N1. Woman I was speaking to was very apologetic and told me that she would e-mail customer relations. 90mins later got a call from customer relations and after I rejected the first offer, she offered the full amount - just waiting for written confirmation Survivor

Star, Have a look at my thread: http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/56689-survivor-halifax-new-claim.html Self explanatory if you can wade your way through 70 odd posts . They have offered full settlement today, just waiting for written confirmation... Survivor