Hope all well, Kenny:-) Hi SSL & Kenny All is well with me and mine, how are you? btw It must have been on one of my days off as I NEVER slack, how very dare you !!! Think I will time so that N1 will be submitted on 23/24 may. should know what is going on then and they just might settle, LOL.

Well folks I`m getting fed up with all this waiting, so I am going to start reclaiming the charges son has incurred since this claim went in to court. He has managed to accrue £889.23 in charges and interest, I will be staring a new thread think I will call it "son of stone part 2" halve all info I need so will dispense with S.A.R - (Subject Access Request). Keep watching !!!

at the very least we should learn where we stand DK. nice to hear from you again I always seem to miss you.

You can always try going to the branch and take a copy of the relevant sections in both acts, and get a little upset. It worked for me with RBS when they took charge from my sons DLA, they refunded the charge and arranged a small OD (£50 ) for him so that he would not get caught again. I think it proves that bank mangers are not as clever as they think they are. LOL

http://www.consumeractiongroup.co.uk/forum/bank-charges-consumer-issues/126479-oft-test-case-news-10.html#post1484493 Apparently it has also been reported in the Guardian and Mail

Director of Finance Online - Bank charges verdict issued this week Verdict to be handed down on thursday ?????? Has anyone else heard anything about this ??

Director of Finance Online - Bank charges verdict issued this week this is the latest thing I have found on the current state of play. puts it in easily understandable language. Verdict this week ???

It is my understanding that as yet there has not been a case to set a precedent re banks taking charges from benenifits, although some judges are sympathetic. It is not advisable to to take this course if you are trying to reclaim your charges

Don`t you mean, she has a local everywhere?

Tills is on first name terms with all the staff there. LOL

Postman has just delivered a recorded delivery letter from charity. Nice apology for mislaid passport. last para reads "I would like to take the opportunity to apologise for the fact that your son did not have his passport at a time when he needed it as it appears to have been lost on our property. as a sign of goodwill I am able to offer a payment of £200 which I have enclosed" My lad is more than happy to accept this, therefore a polite acceptance letter will be in the post tomorrow. Another success down to CAG. Thanks again to all for the help and advice

Yeah thanks for that Slick, I will send LBA, pointing out the failure to respond to the original letter and give them a further 7 days to make some sort of reply.

Letter was sent off before I went of on short hol. According to Royal Mail website it was delivered on the 4 April, so if I hear nothing by the 18th, it`s off to court we go!

Well done, you had me going there for a while, until I realised the date.

Therefore I feel that since the costs were incurred solely due to your failure to, a) to keep his documents safe, b) return them promptly, compounded by, c) denying that you had them when in fact, you did. I would ask you for reimbursement of the costs incurred which are purely down to your negligence, in the sum of £250.00 and expect this amount to be reimbursed within 14 days. Failure to do so will leave us with no other choice but to lodge a claim at the small claims court for the reimbursement of the expenses incurred, plus general damages for the stress and severe curtailment of our enjoyment of the holiday, which I am certain that the court would view favourably to us, and would reflect badly on your status as a registered charity. There is the offending paragraph re-worked. I think that should do is

Thanks for the kind words Kenny, all family are well at present. son is 30 but due to injury, going on 16 or 16, he does not live with us, his choice, but we do see a lot of him

TYVM Bookie, this is just the sort of help and advice I was looking for, I knew that at least one cagger would come up trumps for me, they always do. I was at first worried about the charitable status, but charity does begin at home! and the DID mess up and cause us a lot of grief, i dread to think how my son would have reacted if we had not been able to get him his replacement passport.

Hi all, nothing happening here yet, but idle hands and devils work etc. i have started a new thread in the general forum. trying to get some cash back for my disabled son. I would be grateful if you would take a quick peek and offer any advise or suggestions. -can-i-get-my money back?.html It is here , thanks

Well after much soul searching and discusion with others involved with my son`s rehab I have decided to go for it. Here is the first draft of the letter that I have composed. as always comments, tips and suggestions are more than welcome. Dear Sir/Madam, I am writing to thank you for returning my son's ( Son of Stone 2) passport and other identity documents. Still missing is his birth certificate, which he kept in the same envelope with all his other documents. As you will know he suffered a serious brain injury and is recovering from this, but it has left him with many short term and long term memory problems, which is one of the reasons that he found that made it impossible to continue with the training course that you had enrolled him on. Because of the “loss” of his passport myself and Son had considerable problems in obtaining a replacement one for our holidays in November last year. He had phoned you on several occasions to see if he had left his ID documents with you and had been told in each instance that “no we do not have them” and he was also told that he must then have lost them somewhere else. Because of this he had to report the passport lost to the Police, in order to get a “crime number” from them, and then obtain a replacement. Because of the rapidly approaching holiday I had to take a day off work to enable me to travel with him to the Liverpool Passport Office to attend a personal interview to obtain this, all this time he and my wife and I were were becoming more and more stressed with the prospect of him missing out on the holiday as he had no passport. We managed to get the replacement in time for the holiday ( three days to spare), but at some considerable cost to himself, he had to pay £97.00 for the passport, plus another £23.00 charge to ensure that he received the replacement in time for the holiday, It was delivered by special courier as I have stated earlier with just 3 days to spare. Because of the extra expense of having to replace the passport our holiday was severely curtailed, as we had planned to go on several excursions, which he could now not afford as his savings were now over £170 short because of our trip to Liverpool, and as I only work part time and am also in receipt of pension credits was not able to help him with this financial loss. Therefore I feel that in the very least, as a goodwill gesture, by yourselves he and I should be reimbursed the costs that were incurred by your failure to return his passport at the first time of asking. I have no wish to take this any further, but will lodge a claim at the small claims court for the reimbursement plus general damages for the stress and severe curtailment of our enjoyment of the holiday, which I am certain that the court would view favourably, and would reflect very badly on your status as a registered charity. As I say I have no wish to travel down this route, but will if he does not receive a satisfactory response to this request. Yours Faithfully Thanks for looking guys, stone

http://www.consumeractiongroup.co.uk/forum/bank-charges-media/126479-oft-test-case-news.html You can probably find all you need here WB. but at the moment we are all in sort of limbo waiting for the test case Judge`s ruling, which is expected sometime in may

My son, is recovering from a brain haemorage 3 years ago. He is getting better all the time, but is in reciept of DLA and living in secure accomodation, this does not mean he is locked up, but is free to come and go as he pleases, but the doors to the unit are kept locked and visitors must sign in and out. anyway to cut to the story, he obtained a passport to go on holiday with us shortly after coming out of hospital, then on our return, because of his "colourful " past he was approached for training by a charitable organisation to be trained as a "lecturer" to tour schools and youth clubs to tell his story with the view to encourage kids to keep clear of drugs and petty criminal activities, as one off the prerequisites to this training he was asked to provide proof\ of identity and took along his passport and birth certificate. because of his injuries, he has very little short term memory and forgets things almost as soon as he has done them. for this reason he reluctantly withdrew from the training as he was not able to recall the lectures or training given within a couple of days. to cut a long story short. when we next were going on holiday he was not able to find his passport. I enquired of the charity whether he had left his passport and birth certificate with them, after a couple of days they called back and said that they were not in possesion of them a nd that he must have lost them else where, the workers at his accomodation also made similar enquiries and recieved the sam answer, as we were going on hols again very soon after loss was discovered, we had to report the loss to the police, and attend a personal interview to obtain the replacement passport at a cost of £120 plus travel expenses. Now almost a year down the road the charity have contacted my son to inform him that they are sending his passport and birth certificate to him by registered post, saying he left them with them when he attended the interview for selection for training. Now can I claim back the cost of the replacement passport from them, as they had obviously not taken sufficient care when they were asked , on several occasions to look for the documents. I realise that they are a charitable organisation, but the training they give is paid for by government grants and the salaries paid to the "volounteer lecturers" is on a par with school teachers. My sons only income is DLA and he quite honestly does not have any prospects of ever finding a real job and £120 is a lot of money to him. all comments or advise will be more than welcome

the remains of

CURRENT ACCOUNT PARA:27 hands.” Thus only the opportunity to turn the funds to profit is required to be established rather than the proof of precisely what profits were actually made. In the present case the as the defendant is a lending institution, it is inconceivable that it could have put the wrongfully debited sums to any other use but to earn further profits. The defendant has undoubtedly derived significant benefit from the money in its hands. Nit picking Mac, is there a word missing here or an extra "the"? Otherwise absolutely superb, well done and very good luck, stone

down with several