Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

RBS are they even allowed to do this?


hazyeyes
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5527 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all

 

I have a loan with RBS and have paid it for the last few years without fail, recently I fell into difficulty and cancelled the direct debit (well all my DD's in my current account) until I could afford to pay them, hence avoiding any unfair bank charges!

 

Now as some people will know I made a PPI claim agaisnt RBS and won, and they paid some money into my loan and then the rest into my current account I hold with them!

 

My current account is up to the overdraft limit so I have been doing my best to not go over and avoid any charges! However, I am in the process of putting together unfair bank charges claim as because of them charging me I am in a circle every month, I pay it off but because THEY took me overdrawn with their £28 charge they go and charge me again the month after!!

 

I checked my bank account two days ago and noticed a charge of £38 as you can imagine I was rather confused, I continued to look at my online statement and to my horror I noticed S/O as you all know this means standing order, when I looked at my standing orders I was horrified to see that it was my loan payments.

 

They have gone ahead and set up a standing order without my knowledge and because there was not enough money in the account when it became due a couple of days ago they have had the bear faced cheek to charge me £38!!!!!!!

 

I am livid, surely they are not allowed to set anything up without my knowledge?????

 

:mad:

 

Lucy

Link to post
Share on other sites

I telephoned them this morning, as expected got absolutley nowhere when I demanded they refund the £38 charge for bouncing a S/O I had no knowledge has even been set up, they are claiming that I gave them permission to do so when I signed up for the loan over two years ago.

 

Flatley refused to refund, I got mad, conversation ended with the idiot putting the phone down on me because I became angry! umm wonder why that is!!!!

 

S.A.R going out in tomorrow's mail!

Link to post
Share on other sites

Me and OH hate these people, we are in a similar position to you and the bank did knaff all about the charges. Typical example We also have a personal loan with them but at the end of November we had six direct debits and loan, on checking our online statement the loan was last in line to be paid that day, what did they do, took the loan repayment and refused all six direct debits which we did have the money for, we only had a shortfall of £28 (yes their charge from the previous month) so instead of paying say 5 of the direct debits and refusing one they refused all six because according to them the personal loan has preferential treatment to anything else.

 

It is just a vicious circle we cannot afford to pay back the £188 immediately and the direct debits were called for again and yes the bank refused another £188.

 

We wrote to them asking for a refund to be told "we consider the charges fair", hopefully after 29th January the charges will be considered unfair. I suspect they didn't refund as they know there is a letter on file asking for our 6 years charges back. So hopefully when they lose they will be refunding £376 in charges in the last two months together with the £4300 over the last 6 years, cant wait.

 

Hope you get something sorted.

 

 

HH

Link to post
Share on other sites

Get a parachute account pdq hazyeyes, for your regular income etc. to be paid into. Most high street banks will let you have a basic account (i.e. no cheques, o/d facilities etc). Then notify RBS to stop all SOs & DDs from that account, & leave it with just the 'authorised' overdraft in place. (Also cancel all current payment arrangements on your loan & set up a SO with new bank for these) If RBS then try to take any further payments, there will be nothing available & you can, in due course, reclaim all the charges unlawfully applied to that account. Of course, they will credit these against your o/d in any case.

 

You must however deposit sufficient each month to pay the interest on the overdraft to stay within your permitted limit & it is possible that at some stage they will withdraw your o/d facility if you are not paying anything off it on a regular basis so a token monthly payment to reduce it might be a good idea.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

I have to agree a S/O is usually something that the customer sets up thats why I was taken by complete suprise when I saw it! Although they gave the excuse on the phone that basically they can do what they like!

 

As for the loan, its only 3 days overdue this month, and I am settling this in the next few weeks anyway, they have a valid CCA so I am just doing an early settlement..

 

Foolishgirl, I already have my income going into another bank account, nothing has been running on the RBS account for the last 3 months, their charges keep taking me over the agreeded overdraft limit, the interest on it I am very happy to pay but I refuse to pay the charges and they won't accept any payments to the account unless I clear the whole debt which I did last month, however with this months charges its taken it £60 over the agreed limit! £28 charge and £38 charge for the unpaid S/O they set up without my knowledge!

 

So in effect I cannot keep it within the agrreed overdraft limit without paying off their outrageous charges, if I do pay them they will just charge me again next month for going over the agrreed limit and I am back to square one!

 

:mad:

Link to post
Share on other sites

I have to agree a S/O is usually something that the customer sets up thats why I was taken by complete suprise when I saw it! Although they gave the excuse on the phone that basically they can do what they like!

 

Suspect it's prob. a D/D that you've forgotten you gave them permission for.

 

... and they won't accept any payments to the account unless I clear the whole debt

 

:eek::shock: What?!! They can't do that! Suggest you complain in writing immediately with a report to FOS. Have they not heard of Banking Code not to mention statutory CPUTR 2008?

 

FG

Edited by foolishgirl
typo

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

FG

 

It was in fact a standing order not a direct debit, I did give them permission for the DD when I set up the loan as that always happens regardless but I gave them no permission to set up a standing order which has resulted in almost a 40 quid charge!

 

As for the other all they keep saying is you have to get your account under the overdraft limit which would involve paying their fees and I am not preparded to do that, will pay the interest thats it!

 

:|

Link to post
Share on other sites

however with this months charges its taken it £60 over the agreed limit! £28 charge and £38 charge for the unpaid S/O they set up without my knowledge!

 

So in effect I cannot keep it within the agrreed overdraft limit without paying off their outrageous charges, if I do pay them they will just charge me again next month for going over the agrreed limit and I am back to square one!

 

:mad:

 

Hazeyes I cant help feel sorry for you as I am in the same position. If you dont get your overlimit under the overdraft limit before the next charging period they will hammer you again.

 

I will keep watching this thread for any replies

Link to post
Share on other sites

  • 2 weeks later...

Isn't it disgraceful that these parasites, having f*cked up their own finances, come and fleece their customers who can least afford it, take the same people's taxes to bail them out and use it to bolster their capital assets instead of putting it back into the economy that they have f*ucked up.

Roll on anarchy:mad:

Link to post
Share on other sites

Hey Hazyeyes, just want to lend my support - they have put my partner in almost the same position, except they just flatly refuse to cancel the DD. Setting up their own standing order is ridiculous!

 

They tried the 'oh, it was in the terms of your agreement when you signed' crap too, so he requested this agreement and the forged attempt he got through had no such term. They are getting really agressive at getting money in now.

 

BTW, I had a call from them at 9am this morning (SUNDAY) because for the first time I missed a loan payment . When I asked about it being a Sunday she aid they are now open 7 days a week and will be collecting while they are open. She also siad (lol) that she hadn't been told about any OFT guidelines etc.

 

Untrained monkeys now being told to hound folk 7 days a week. Good luck.

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

Link to post
Share on other sites

  • 2 weeks later...

They are totally unbelieveable, they set the STANDING ORDER up AGAIN without telling me and bounced it AGAIN!

 

They have also sent me a letter to inform of default on my account, of which they have charged me £30, is this right I have never been charged for a default before! :confused:

 

Anyway I have sent in a S.A.R because the debt has risen to almost £1000 from £700 in about 3 months because of their ridiculous charges!

 

I am in a position to pay them at the moment, but I am unwilling to pay their charges so once I get the details back I will be offering them a payment in full minus ALL charges.

 

Let you know how I get on...

 

:)

Link to post
Share on other sites

Hello

 

I had exactly the same thing done to me by RBS, I cancelled my D/D as I am paid 4 weekly and in my current circumstances was finding it difficult to ensure I had funds available on their D/D day. They also just proceeded to set up a standing order which I am unauthorised to amend or cancel.

 

They won't allow me to make 13 payments per year on my payday so that I don't fall into arrears. They'd rather charge me and have me in arrears than accept a compromise of an additional payment per year. M&S have been quite fexible and have allowed me to make 13 payments by standing order and even offered to refund the 13th if I wanted this.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...