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About gemster

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  1. Hi - does this apply to business accounts - my husband and I tried to get a business loan with RBS - long story and they messed up the entire application (although we did sign personal guarantees), causing us severe financial problems, by this point they then actually applied for the loan which of course was refused as we'd had returns, etc. We seriously complained and they just gave us the loan amount, via some dodgy account which is in our personal names!. We have not signed any loan agreement, we don't know what the term of the loan, the actual amount we are supposed to pay per month, we don't know what the apr is anything!. By the time the money came through it could not save the business and we are worried they are going to come and try to take us personally. I've sent the first letter and of course they have ignored it - because there is no loan agreement - do you think I should send the letter at the top of this thread?. thanks
  2. Our solicitor is very unsure of what to do - they have said basically it will cots you more for us to represent you than you would win. I don't think we've got the best solicitor !. Their argument for 'law of mistake' is bascially that Egg's mistakes have meant that we are out of pocket and therefore, we can claim back compensation accordingly. The profit from the shares, I know would be speculative, but we can prove the prices went up and even if we sold out half way up the rise it would equal well over £5000. To be honest, we really want the matter settled and I know it is not a clear cut case, but we want the account unfrozen, I don't know if this affects the credit score or not?, but that money has also missed out on interest for the last three years. Egg are just ignoring us, which I don't think they can do. So we'll try small claims and see how we get on.
  3. It is rather long winded - but it had to do with a consolidation of shares. Egg forgot to update their system upon a share consolidation, which meant that everyone who had those shares ended up with 10 times their money. As a bank error, we took the half the money out of the account, Egg still did not update the account. They then discovered their error and tried to get the money back from us. Including reversing some trades we had made with the other half, two days after making them and emptying the cash in the account. We queried that as it was not our fault that they made a mistake we wouldn't be prepared to give them the half we got out. They said that the company who issued the consolidation never informed the market of the consolidation until one day after it occured. This was a lie and we obtained written proof that Egg were informed correctly, they didn't act. They then froze the accounts with some existing trades intact (we know we still have these shares as we receive annual accounts, reports, etc. They then tried to pursue through solicitors quoting 'the law of mistake', Shoosmiths Solicitors (if anyone has had dealings with these people before in other contexts will know these people do not ever ever ever ever give up until they have their money). We challenged them with what I explained above, over the course of the three years we have various people from Shoosmiths try and make something of this, but when challenged fall silent. We went through solicitors ourselves, who came up with a counter for 'the law of mistake'. We wrote three solicitors letters to Shoosmiths and heard nothing. We asked again and again and again for a conclusion of this matter or at least for our account to be unfrozen but have heard nothing. So to end the matter we are attempting to take Egg to court for the other half of the money and to try and get our account unfrozen. Help
  4. Never one for easy questions (- see my thread on RBS !) Egg Share Trading - my mum is taking them to court over a dispute on buying and selling shares and consolidations. They owe her £2600, and they have frozen her share trading account and it has remained frozen for 3 years, leading to some spectacular loss of gaining some real golden profits, as the shares in have gone up so much, and unfortunately back down in that time frame. We believe that Egg have closed their share trading venture and it's transferred to someone else which makes us think they can't unfreeze it?. Egg have acknowledged our claim and have 28 days from 11/09/06. What does everyone think? can we go on and claim loss of profit from the shares in the frozen account?, can they freeze an account indefinately? I know they are a tough cookie looking at the bank charges nightmare people are facing with them. Any suggestions appreciated.
  5. Maybe I'll try complaining directly to the FSA?, we've sent off for data protection statements, etc today to see how bad the individual charges are (I'm thinking really bad!). They do prey on individuals that can't get help anywhere else and really sting them on the APR. It's like the other mortgage companies such as GMAC, SPML and Kensington, then you get trapped, the more payments you miss the worse your credit score, the worse your credit score the higher the APR, the higher the APR, the more difficult it is to pay ... I'll do some reading up and give it a go ... Thanks !
  6. My parents had a loan with Blemain and their redemption figure was calculated using 'rule 78'. Does anyone think this is something you could challenge?
  7. My husband and I run a company. This Feb we went to switch the Business Account from HSBC (boo) to RBS, we also asked at the time to have a £15,000 Business Loan to help launch a new product. We filled in the application forms for a new account and loan, etc and waited and waited and waited. I received a call from the person I was dealing with in branch and they said it had flown through. Yes! we though and ordered a new website and put stuff in motion for our launch. We signed personal guarantees (any help with these also - my parents got stung by these not long ago and had to pay put £70,000) for £15,000 (oops). We heard nothing. By this point due to commitment from the things we started we got into real trouble with HSBC (unfair charges claim going through now - thank you!) both personally and business wise. This wrecked our credit scoring completely!. RBS rang and said they had lost all the application forms and could we come in again, we were really worried at this point because any credit check (this was now June) would look really bad. Sure enough they rang me and said the loan couldn't be put through and they couldn't open an account forus. We had been into HSBC to try and ask for help to get us through this time and a long story short on them, they have admitted negliance and we are going to try and seek compensation - no idea how - help here as well please. I rang RBS back in cold fury and asked for all our info to be returned and the personal guarantees to be destroyed. We had some of our stuff back, they have lost some of our business card statements and receipts completely and she said the personal guarantees would be destroyed. We then wrote to RBS again claiming negligance against us for losing our application forms, etc. They rang back and said we could have the loan, which we ha deposited in our HSBC business account. We did not sign any further documents for this loan, we have not seen a loan agreement we were just told to deposit £196.08 every month in this 'holding account' they had set up. We don't know how long the loan is for, what the apr is, anything. I had a statement from the holding account the other day and I notice that the loan is mine and my husbands personal names and I'm really worried, we will be trying to get our first mortgage soon and already have an unsecured consolidation loan for £20,000 with HSBC and am worried this will affect our ability to get a mortgage. Does anyone think we can get out of this loan? - I read on someone else's thread that if the lender can't supply an original signed document in 12 days it is unenforceable? Also due to the length of time this took to sort out and the trouble with HSBC too, this money came in too late to save the Business and we having to close the company. I have a personal guarantee with HSBC for £7500 - do you think I could get out of this as they have admitted negligence. Sorry so long Help Thanks Gem
  8. Does Anybody Know If You Can Try And Claim Back Cash Advance Fees As Well As Late Fees, Etc? Help ! Many Thanks
  9. I just wanted to say a global thank you to this forum and well laid out site. I used the first letter and spreadsheet to work out what HSBC owe me and it amounted to £1317. I was expecting a real tussle but happily after just that first letter I today received an offer for £1150. Which I am happy to accept - as I weighed up the cost of taking them further plus I'm going on holiday in six weeks to Florida and this buys a lot of Mickey Mouse goodies !. I've just got my mum to send her first letter off to the Abbey National and would recommend anybody to just go for it ! Stick to the templates exactly and you will get results ! As soon as my money comes through I will be making a donation to the site and suggest everyone else does the same. A line from one of my favourite films finishes my post off nicely - Galaxy Quest -- 'Never give up ! Never Surrender !'
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