Bank Charges OFT Test Case Discussion

skyliner_2

I ask because the OFT has not issued the waiver to the banks, the FSA did.

deary65

skyliner wrote: »

I ask because the OFT has not issued the waiver to the banks, the FSA did.

The same legal principles apply, any agreement is between the banks and the FSA.

charlmchaddan

Your reply:
You would have a hard time proving the bank were 'lying'. They may not have sent it, but equally it could have been lost/delayed in the postal system.

The bank have a record of all correspondance they have sent out and all correspondance I have sent them on their computer system - I have seen this evidence when they wrote to say they had not received the itemised list they requested (they had - their computer system showed this). Interestingly, when I queried the delay over the internet they said an offer letter had been sent out on the 8th June, I received the letter saying they had not received my itemised list in order to further my cliam at the beginning of July. I have the above letter and email with dates on them, is this not proof enough? What would my position be if it is enough proof?

nickmack

charlmchaddan wrote: »

I have the above letter and email with dates on them, is this not proof enough? What would my position be if it is enough proof?

I'm not sure where you're going with this.

If you speak to the bank, the employee will most likely refer to your records and see whether correspondence has been sent.

If they say the record shows a letter has been sent, and you haven't received, it has either not been dispatched or has been lost/delayed in the post. I'm not sure where the 'lie' is unless you've been told something 'off the record'. Have I missed something else?

Personally I would just follow Martin's latest advice. Just beacuse the bank won't deal with your claim, you can still take it to court if you wish.

lauric

i sent a letter to my bank in July, asking for details of my statements along with a £10 cheque. They have cashed the cheque, but when i rang them today they said they are unable to do anything for me beacuse of this court case.

what happens about my cheque? can i get this £10 back?

it might not seem like much but to a student it is!

thanks
Lauri x

Twinkly

lauric wrote: »

i sent a letter to my bank in July, asking for details of my statements along with a £10 cheque. They have cashed the cheque, but when i rang them today they said they are unable to do anything for me beacuse of this court case.

what happens about my cheque? can i get this £10 back?

it might not seem like much but to a student it is!

thanks
Lauri x

Did you word your request for details as a Subject Access Request under the Data Protection Act as per the template letter ? If so the bank are obliged to provide you with the information under that Act and the it is nothing at all to do with the test case.

You can write and point out that they are obligated to provide you with your details under the Act and any refusal to do is a clear breach of your entitlement. You can complain to the Information Commissioner about the breach. They will contact the bank and instruct them to provide the details.

If you didnt word it as such simply write again using the template letter and amend it to add that you have already paid a £10 for this information and will not be duplicating payment.

Good luck getting your details without too much hassle

charlmchaddan

I think they are being untruthful as I can't understand why they would send a letter on 8th June with an offer (the one that they either didn't really send or that got lost) and then a letter early July saying they had not received the itemised list that they requested and I sent back in April. (I called into the branch and they confirmed they had actually received this). They emailed me and said they had sent the offer letter on 8th June, this email was sent mid July.

lauric

Hey, yeah i did use the template letter from this site
i just couldnt belive they have the cheek to cash my cheque and then not send me the statements, as i wrote to them well before the test case started!!

thanks for your help

jojo2525

Hi Skyliner - only replying now as had to go out earlier!!
No directions only that i need to attend court on 16/8 - didnt ask for any paperwork at all. am claiming £800+ inc interest - A&L sent chq for £264.50 - saying full and final settlement - but on Martin's site it just says to reply with the no prejudice template which is what i did. wot do u think??

Edinburghlass_2

charlmchaddan wrote: »

I think they are being untruthful as I can't understand why they would send a letter on 8th June with an offer (the one that they either didn't really send or that got lost) and then a letter early July saying they had not received the itemised list that they requested and I sent back in April. (I called into the branch and they confirmed they had actually received this). They emailed me and said they had sent the offer letter on 8th June, this email was sent mid July.

Just a suggestion but print out the emails you have and copy any letters you have and send them off special delivery and ask them for a copy of your offer letter to be sent to you within the next 7 days.

Give up on the phone calls, get it in writing and be calm in your letter