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    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
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RBS closed all accounts - one letter


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Hello everyone,

 

A friend of mine is in a real mess,

she wants me to keep details vague,

she is a young woman who suffers from various disabilities.

 

She has had an account with the bank since she was a child (one of the banks in the RBS family).

She has a current account with an overdraft over £2,000, and a credit card.

 

Earlier this year she reached out to higher ups in the bank, to make sure her accounts were in good order , and offered to pay her overdraft down.

 

She explained she has had a difficult year and suffers various disabilities.

She just wanted to keep in touch with the bank to avoid any surprises.

(As she has been using her overdraft more than usual).

 

She had made it clear to them that if they did want to reduce her limit, then she was ready to work with them to agree to pay it down at an agreed level.

 

She received a letter back from a senior position in the bank,

who appeared sympathetic and assured her that there was no need for concern,

her account is fine and they don't wish to reduce her overdraft limit.

All appeared well.

 

Out of nowhere she received a letter, saying they were ending all of her accounts and all funds were repayable within 60 days. (including her credit card).

 

A few questions... ,

does she have any grounds to stand on or can banks just treat people without any care and respect?

 

1. Does the fact that the bank assured her everything was fine, and never gave her a chance mean anything? .

(She was in contact with the bank just months before,

explained her disabilities and recent troubles,

and, they told her there were no issues or concerns with her account,

and that they did not want her overdraft limit reduced.

The bank misled her and never offered to work with her or inform her of any problems with her account.

 

2. Do they have no responsibility to treat a vulnerable customer with care and caution?

to just do this to all her accounts after assuring her everything was fine is just reckless,

especially as they had just acknowledged her vulnerable position and sought to reassure her.

 

3. Should they have not discussed this with her, or worked with her to correct any issues?.

 

4. Is it acceptable to close all accounts including a credit card with just one letter

- they are still adding crazy high fees to both accounts!.

 

As far as I am aware they never issued a default notice on any set amount, and have continued to charge fees on the overdraft and profit from it.

 

So frustrated as I know the banks seem to do whatever they want, and it seems there is little or no protection for the customer, but this just seems so in your face wrong.

 

What route, if any , should she take to try to make them think twice? (any disability or vulnerable people avenue?, about them misleading her?

 

I hope I can give her some idea of a way forward,

they have also pushed her into a position where she will be forced into debt and hardship.

I know she can ask for some fees back

 

Thanks

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might be best to fight from the outside

get a parachute account opened with say the co-op or the post office or any of the ones that do basic online account

and get any income redirect to that account as a matter of urgency.

 

 

I would suspect BCOBS comes into play here.

 

 

not had any large unaccountable sums going in or out has she?

 

 

might be an idea to get her credit file

and check the CIFAS entries.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes. Follow all the advice above. It is important to get another account so that there is somewhere that she can put any money that she has coming in so that it isn't immediately swallowed up by the RBS leaving her with nothing to live on.

 

It certainly sounds enormously unfair and therefore as has been mentioned, you may be looking at getting help from the BCOBS rules which were introduced in 2009 by the FCA in order to replace the Banking Code. The BCOBS rules impose a duty to treat customers fairly. If she has had an account a very long time and has generally speaking run the account correctly. She has also received a letter of reassurance from the bank and they now appear to have acted completely contrary to their reassurance then I think that you have a very good basis for saying that the bank has acted unfairly and in breach of the rules.

 

In particular, it is most unlikely that the bank will be able to force repayment of the overdraft within 60 days and not only that, it is very unlikely that the bank will be able to take any kind of action including credit register entries in order to log the debt as a default.

 

However, all of this depends on the action that your friend is prepared to take. It will be much more helpful for us and also much better for her if she will come onto the forum and take control of her problem rather than be led around by you and by us. Taking control and assuming responsibility for the problem will be very therapeutic.

 

We need to know something about kind of income that she has – not in figures – but does she have a job or is she relying on benefits. I would like also to know about the letter reassurance including the date of it and also about the letter she has received closing the account and the date of that.

 

It would be extremely helpful if you could scan these letters and post them up on this forum in PDF format – but with the identifiers removed.

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