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Patricia Pearl - Small Claims Procedure - A Practical Guide
An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.
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Contains everything you need to sue your bank (or anyone else) including sample forms, instruction manual, templates, and an entire set of court forms in PDF format on CD Rom.
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Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.
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All the templates and documents that you need to challenge your speeding ticket, parking fine - with advice from one of the UK's leading motor offence solicitors
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  1. #1
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    Its WAR Novitiate

    Cagger since Apr 2006
    Posts 780

    Default Failed to send statements & returned my £10.

    In Feb 2009 I sent the SARautolinker.com autolinking image for statements to 2 accounts. They have sent one set of statements but they returned my £10.

    I keep chasing the statements for the other account but they keep saying they are treating my request as a SARautolinker.com autolinking image and I must send them £10.

    Should I sue for failing to comply with my first SAR or send them another £10 with another SAR?

    Also: Should I issue another summons now for the first reclaim (which was a commercial account) and a second summons (for the current account) when the other statements arrive? Or wait and issue just one summons for both accounts?
    Its WAR

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  3. #2
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    dpick Informative dpick Informative dpick Informative dpick Informative dpick Informative dpick's Avatar

    Cagger since Feb 2007
    I am in Teesside
    Posts 2,074

    Default Re: Failed to send statements & returned my £10.

    The SARautolinker.com autolinking image is for all data they hold on you not just for one account unless you only asked for that individual account, tell them they have not complied and complain to ICO. or do as I did with MBNAautolinker.com autolinking image and issue N1 for none compliance. MBNA complied very fast after saying they would defend in full approx 3 day after.

    dpick

  4. #3
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    The Consumer Action Group BankFodder has disabled reputation BankFodder's Avatar

    Cagger since Jan 2006
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    Default Re: Failed to send statements & returned my £10.

    As long as your SARautolinker.com autolinking image was expressed in the way which would be seen to refer to the two accounts, then they are in breach of their statutory obligations even though they have returned the £10 to you.

    If you have got some evidence of charges on the data that they have given to you, then I would suggest that you put a claim in for that immediately and at the same time claim for the data protection non-compliance. Once they receive the claim, they will get themselves into gear and they will provide you with the rest of the data. You can then go on to amend the claim to include the further charges which the new data may reveal.

    In your claim make it clear that you reserve the right to amend and add further charges once you receive the data which is missing from the original disclosure
    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  5. #4
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    Its WAR Novitiate

    Cagger since Apr 2006
    Posts 780

    Default Re: Failed to send statements & returned my £10.

    Is my fight with Alliance & Leicester or MBNAautolinker.com autolinking image? I still have nothing from either of them. Also, should I be sueing for a reclaim of charges or for an unenforceable credit agreement?
    Last edited by Its WAR; 29th October 2009 at 23:47.

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