2 letters, No response, What now???

[TJF]

I am trying to claim charges back for hubby through First National tricity Finance.

 

I wrote the preliminary letter on January 16th, 40 days passed and nothing. I wrote the 2nd letter threatening legal action on February 27th, now 14 days has passed and still nothing.

 

What do I do next? How can I make a legal claim without knwowing the figure of what they owe hubby??

 

HELP:(

Mel

[Gooders]

TJF,

 

I think, and am prepared to be corrected, that if you can basically file the claim.

 

However, just to check:

 

1)

I wrote the preliminary letter on January 16th, 40 days passed and nothing.

the first letter you wrote, was that an SAR for statements? (just wondering as you would not have had to wait the 40 days if you already had the numbers, if you had the charge details the a 14 day timeline whave been better than 40 days!). You called it a preliminary letter, I think this would be better (so as not to confuse people like me) if you confirmed if it was a preliminary letter (already had the charges info) or the SAR (request for charges info and requiring 40 days compliance).

 

2)

wrote the 2nd letter threatening legal action on February 27th, now 14 days has passed and still nothing.

. Was this a Letter Before Action (LBA)? If so and you have not heard anythin you can file (again someone please correct me if I am wrong). However, to do this you really must include the value of charges you are claiming.

 

MY ADVICE(FWIW)

Go back and read the threads and the FAQs!!!!!

 

Check that they have received your letters and you sent them to the correct address for the org you are claiming against (please tell me you sent them recorded delivery:confused: )

 

If you have not followed the process advised by this sight........START AGAIN following the timelines and terminology advised so that everyone here can see where you have got to and how to best help you.

 

I know it will seem a pain that they are ignoring you and indeed some changes to the standard letters may be required with different situations. However, mistakes can cost you money!!!! So please be careful!!! AND ABOVE ALL FOLLOW THE ADVISED PROCESS

 

Good news is that you can start again from stage 1.

 

Hope this helps:rolleyes:

 

Gooders

[TJF]

Sorry, i do not know all the jargon.

 

The 1st letter was that requesting statements, £10 cheque included which was cashed just 2 days after they received the letter which yes was sent Recorded.

 

The 2nd letter was a kick up the bum letter. Repeating the initial letter plus threatening legal action if they do not respond.

 

But obviously I cannot do the MCOL thing without knowing a figure.

 

My hubby is going to ring them this afternoon and find out what's going on

 

Thanks

Mel

[Gooders]

TJF,

 

Sorry just spotted

What do I do next? How can I make a legal claim without knwowing the figure of what they owe hubby??

 

What you MUST do is write a Subject Access Request under the Data Protection act found here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

You will have to wait a max 40 days again but this will give you all your information as requested and will onlly cost £10 (you can claim this back!)

 

Next, once you have the info, go through the statements and fill in the spreadsheet. You can find these on several different threads, I won't give you the link just now (may encourage you to read more and gain more knowledge by hearing about other peoples problems).

 

Once you have worked out your charges then send a PRELIMINARY approach letter and give them the opportunity to refund the money without court action. (14 day deadline) you can find this here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

If they ignore this then you can send a Letter Before Action (LBA), this gives them a another 14 days to respond (normally with standard letters and bluffs). you can find that here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

Hopefully they will realise by this time that you are serious and might even give in.........but if they don't then you have to carry out your threat and take it to small claims court!

 

DONT WORRY!!!!! I have yet to hear of any claims being completly defended (wish they would then when they loose the floodgates will open!!!). They always leave it to the last moment then settle! So in short , hang on in there, start the process again using the info and time lines I have given you and be patient, YOU WILL GET WHAT IS OWED TO YOU!!!!

 

Feel free to contact me if you need anything else and hopefully you will also get some knowledgable chaps/chapesses to help you too!!!

 

 

Gooders

[Gooders]

And Above All Send Recorded Deliver & Keep To Time Lines!!!

[Gooders]

TJF,

 

Ok, good you are online.......

 

I would advise that you send this again ( even if you have done so before)

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

If you do not get a response then.....

 

You will need to start court action to show you are serious:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

Again hope this helps!

 

Gooders

[TJF]

Thanks hun but I've already done all that. They've aleady had one lot of £10 from me

 

Will let you know the outcome after hubby has rang them in a bit

[Gooders]

Well then, its court action for DPA non-compliance, then you will have to wait for the statements.

 

You can also complain to the OIC, FOS etc. Not sure what else to advise. I believe if you have some statements, you can calculate an average monthly charge then X6 but would not advise that route, best get it right 1st time!!

 

Plus if you have to take them to court to comply to the DPA its just going to look better for you when you do have something to claim.

 

Gooders

[Parkvale]

TJF,

This is a great guide for your claim; http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

[TJF]

Well, hubby eventually got through to the correct number yesterday and a nice lady rang him back and gave him her email address to forward the letters that we'd already posted. Then she has passed them onto the guy who has been assigned to deal with the bank charge problem!!

 

We've been told we should hear within 10 days - we shall see!!

[Parkvale]

Good luck