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delboytrotter

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  1. Story So Far, I was offered a full refund, in writing, the bank of scotland have paid me approx half of what i am owed and they sai dht erest woul dfollow in 14 days, that was 17 days ago, i have tried to call them but i can not seem to talk to the person i was dealing with and no one can give me an explanation....any ideas on what i should do now. is court an option, and if court is an option what do i claim for, (in the interest sections etc..do i just start the claim as i would have normally)
  2. If you were of sick then the company sacked you , surely they would not stand a chance in court as the terms of your contract can not be fair, if you are sick i doubt they can actually sack you regardless of what the contract says...taking you to work when you are ill is against you human rights i am sure, as they are not only allowing you to work when unfit, the bugs are spreading etc etc and you are more likely to have an accident, there is no real way ot test the water without them sacking you first though...i hope you get better soon..
  3. "Dogs can be dangerous when they get out of control. If you are worried about a dangerous dog, you should contact the police. If there is an area where dogs are often a nuisance, you can tell your local authority. They can make local laws or, in England, a dog control order, to make owners keep dogs on leads in particular areas or to ban dogs from places like children's playgrounds." The wording above is from the Advice Guide Website and does not state anything about private property or otherwise, i am sure that any complaints made to the council need to be looked into even on private property, after all if enough people complain about a dog barking it can be taken away, so surely if they seem threatning then the same applies...i would not put up with it if i was you, enough complaints will put these dogs where they belong.
  4. DELBOY TROTTER ONE SHERIFF OFFICERS NIL i am well chuffed, cheers. the mate that i helped is even more chuffed than me!
  5. I dont see why not, it is your human right to live your life in peace and harmony free from certain crap etc.. so you should be able to send them something telling them you do not wish them to contact you or yours again...the european human rights act has something on this but i dont know how to go about finding it...if this was to be backed up in court you would need to provide proof of harrasment and apply for a court order or injunction. good Luck
  6. Only problem is if this person can prove (somehow) that they have reason to believe it is true then you are wasting your time, i am no specialist but slander is a hard one.....
  7. Hi All, i just wanted to share an experience i have just helped some one with, Single Mother that had her bank account stopped by the Sheriff Officers, but she was getting working tax credit, child tax credit and child benefit paid into same account, so i wrote the following (copying it from differing places) Your Name And Address DATE Sheriff Officers, Bank Address Dear Sirs, Wrongful Arrestment – Working & Child Tax Credit YOUR NAME, Account Number YOUR ACCOUNT NUMBER I refer to your recent arrestment of funds in my account, number NUMBER. I enclose a copy of my bank printout which confirms that the funds in said Account derive from tax credits, paid to me by HM Inland Revenue, (or social security ben, or child benefit paid by DWP ETC ETC) Both the Scottish Law Commission and Scottish Executive concede that social security benefits are exempt from arrestment in terms of section 187 of the Social Security Administration Act 1992 (see Enforcement of Civil Obligations in Scotland, Scottish Executive report, at paragraph 5.245). Section 45 of the Tax Credits Act 2002 is an identical provision to the said section 187 of the 1992 Act. It is therefore trite law that tax credits and other such maintenance or social security benefits are exempt from arrestment. The case of Woods v Royal Bank of Scotland 1913 SLT 1 Reports 499 is authority for the proposition that where exempt monies are paid into a bank account, those monies remain exempt from arrestment insofar as such monies can be clearly identified within an account. As noted, I enclose a copy of my account printout which clearly identifies £AMOUNT of tax credits. I would respectfully submit that any refusal to consent to the release the arrested sum of £AMOUNT from my account immediately will constitute wrongful diligence. Please advise in writing as a matter of urgency whether you will instruct and authorise The YOUR BANKS NAME to release said sum today. If you fail to do so I will instruct an action for wrongful diligence and payment to be raised along with a claim for damages and interest on the above sum, and will also report this matter to the Sheriff Principal in terms of the Debtors (Scotland) Act 1987. I have also copied this letter to my bank as I am sure they will want to be aware that you have arrested monies which are exempt from arrestment and as such you may have prejudiced them in this unlawful act. This letter is sent recorded delivery the DAY of MONTH YEAR and is expected to be delivered on the DAY of MONTH YEAR, I will allow you seven days to ensure that the arrested sum is released and any subsequent arrestment is not made on my CHILD OR WORKING TAX CREDITS(OR SOCIAL BENEFITS ETC). Failure to adhere to the above may result in court action being taken against you. If you are unable to cancel this arrestment or subsequent arrestment then I reserve the right to claim interest and damages from you until such time as you are able to cancel this unlawful arrestment. For your information it would be acceptable for my bank to release these funds as any court order granted on my Working or Child Tax Credits has been done so unlawfully under section 187 of the Social Security Administration Act 1992 (see Enforcement of Civil Obligations in Scotland, Scottish Executive report, at paragraph 5.245). and Section 45 of the Tax Credits Act 2002 I look forward to your urgent response on or before the DAY of MONTH YEAR. Without prejudice. Yours faithfully YOUR NAME INCLUDE A COPY OF YOUR PRINT OUT SHOWING AMMOUNTS INVOLVED now i was basically just trying it on a bit as i am unsure of what is actually the case here but when these letters (one addresses to the Sheriff Officers and one copied to the bank) were delivered my friend went into the bank and they crapped themselves, the bank apoligised and said they would release the money promptly and they instantly covered her direct debits that were due to come out, recalling one that had failed and paying it etc etc, then made sure she had enough money to see her through the day etc etc, (i had forwarned my friend that she must be harse and tell them the damages from this MISTAKE would be claimed at the full arrested amount daily until it was reversed and their would also be a claim for the worry and stress and interest which would amount to several thousand pounds) SO THAT SORTED THE BANK OUT. Next the Sheriff Officers were called and even though they tried to argue otherwise after being told they also would face a hefty damages claim (thousands of pounds) if they did not reverse this decision they also conceded that they could not hold the arrestment if there was benefits of any kind invloved in the account, which even though they were aware of they still wanted to argue that they could arrest what ever money she had, until they were asked to provide proof of the piece of legislation that allowed them to arrest benefits, to which they replied "WE CAN NOT PROVIDE THAT BECAUSE WE ARE NOT ALLOWED TO TAKE BENEFITS" funny that is just what we have been telling you. Long Story, done shortly JOB DONE, MONEY IS RELEASED (ALTHOUGH IT TOOK A COUPLE OF DAYS TO GET ACCESS TO IT) FRIEND DELIGHTED, AND SHERIFF OFFICERS ONLY ABLE TO ASK IF SHE WOULD CONSIDER PAYING THEM A SMALL AMOUNT MONTHLY TO WHICH SHE AGREED(ON HER TERMS).....TA DA Best job i have done yet and i have empowered one more person, i was dead chuffed.....all thanks to CONSUMER ACTION GROUP and GOVAN LC Cheers people you really are the best...
  8. I spoke to them two weeks ago on the phone and they agreed to pay me in 14 days then sent out the letter stating the same, the 14 days is up today and i am fed up up waiting, do you think if i have not been paid by monday i could start court action as they are being unreasonable stating one thing and then not carrying it through, i am sick of them, not long ago they were noisying me up about having my amounts wrong but i proved them wrong and they then agreed to pay in full....
  9. Well i am still waiting for my money, the Bank of Scotland offered me the correct amount in writing dated the 20th April 2007, and telling me it would be in my account within 14days, I have now waited since the 16th january 2007 for my refund, even though they have offered me the correct amount can i still start the court action as they have not paid in the agreed time. I have all the paperwork ready and waiting if i can still go for the court action.
  10. It would be nice for the little man to win in this case, i feel the british public have been taken for a ride by the banks and it is time for us to stand up and be counted....GOOD LUCK TOM, i hope he has a few tricks up his sleeve.
  11. What will it mean if Tom is succesful, will people who have already claimed back their charges be entitled to compensation? or will not have any meaning, and what if he lost, does that mena the end of reclaiming,
  12. GO GET THEM TOM....i wish him luck but i am unsure how he is going to break his way thru what may be seen as a corupt old boys club, every bank in the country will be right behind Nastywest and we all know what will happen if he starts to win, someone will pay for a judgement against him and that will be the end of it, Coruption is every where and i doubt he will be protected by the courts, the banks have a lot of money to buy their way through this....
  13. Good Luck to you, i bought a lemon of a used car and even with the help of a solicitor i am having a hard time sorting it out, basically i owned the car for 168 days and it was off the road and unusable for 59 days,it had 6 repairs carried out in this time, but the garage and the finance company were not bothered, i would think you will have a better angle to attack them as they have left the car in a dangerous condition, and garages get shut down for that sort of useless work...i would go and see a solicitor soon!
  14. I am not sure if you are aware of this, but the UK Goverment would like us all to be paid electronically and all hold bank accounts, this is because they can keep a better eye on what is happening when people recieve large deposits of cash etc, but if the banks start charging for accounts again then it means that a lot of people will go back to wanting cash wages etc as they wont be able to afford to have a bank account and the employer would have no choice but to pay them in cash as banking is no longer a free way to recieve your wages, it could also mean that benefits would have to go back to being paid by giro again as abank account would not be a free way to recieve them I think htis opens a huge can of worms that the bank will not like when they start losing money, mind you if the banks can make 40 billion profit in a year then there is something wrong anyway...just like the oil companies
  15. That does not matter, you are allowed to take them to court in your home town, basically you can choose where to take htem to court but if they chase you they have to take oyu to court in your home town, so feel free to take them to court in your town, there is nothing they can do about it.
  16. you can try here for a free report also, annualcreditreport.co.uk – a free credit report every year, no credit card details required
  17. I have had dealings with the Finance & Leasing Ass, The Financial Ombudsman, the FSA and Courts and i have to say they are all useless, There is only one thing that matters to big companies and that is making more money at the expense of consumers, The goverment in the UK have a lot to answer for creating useless regulations that the big companies can ignore because they will not be chased for it, I have a friend who was ripped of by a windscreen company (big windscreen company that also have a breakdown service and they have 3 letters in their name) he took them to court and won but they still laughed it of as he was only awarded £750 even though the car was ruined, anyway he wen to all the regulatory bodies and they could do nothing so he started a website dedicated to the crap service he recieved and made the company sit up and take notice...the site has had upwards of 15000 visitors now and must be causing them no end of leg pulling in their business but because it is all true they can do nothing aobut it. If you want to make them pay them start a web based pressure group an dsend the address to everyone you know. It seems to have worked in his case as the company are trying to close it with out success....try hunting google for windscreenleak it makes interesting reading How did the bank get away with offering £1000 then only £250 or was that on top of the £1000 Good Luck
  18. You could get his car reg number and using and HPI check you may be able to get the registered details....(not sure how legal this is of course) I might know of someone who can do an HPI for you(again not sure if it is legal or not) If i was you i would start against her and in the paperwork include a detail that if you are not the owner of the said anaimals then please supply full details of the dogs owner that are very obviously staying in your house etc etc, and details as to why they are allowed to roam free, i doubt they will be smart enough to get out of it. Good Luck
  19. Hi Chocolate, Well i dont htink you will get the interest, it appears the FOS will not help with a claim fro interest only the charges, but it will be interesting to see if you do. If you really want the interest then hit the courts
  20. And where would i send it, the branch i used to be with are now closed also, is the head office acceptable. the account was closed 5 years ago so i am going to go for the charges that are older than that.
  21. Hi all I used to have an account with a&l but they closed it years ago because of charges, (LOL) how do i send in the SAR if i have no details? Do i just ask them for any details they have on me....and include all previous addreses
  22. I reported bank of scotland to the FOS at teh start as well as doing the LBA etc, but i decided to leave it with them as i was too busy to do the court action myself, the FOS as i understood it would also try and get back some interest but in now the bank is offering em the full amount back. The FOS gave the bank the normal 8weeks then wrote to them and then gave them another 5 weeks (i dont know why as they should only have got 2 weeks)so in total i have waited about 13 weeks or so but they are offering me my charges back. so i am aswell to take them i assume, i noticed a thread on the forum stating the FOS were getting interest back also but i cannot find it now either..
  23. I have done all the letters but before i started court action i had complained to the FOS and they have today started an investigation, i have been waiting about 15 weeks and the fos waited 4 weeks. the FOS told me by letter today that they have passed it to their investigation team but the bank wrote to me also today offering me all the charges back..not sure what the score is, can i ask them for interest and sar fee etc...or do i just take the charges, i was going to put the court papers in tomorrow which is a pain. not sure what else i can tell you
  24. Can any one tell me 100% what i am entitled to, the FOS has just started an investigation into Bank of Scotland and the bank called me today and offered me all my charges but nothing extra, no interest, no sars fee, no postage refund, nothing...do i accept!
  25. Before my solicitor could even get things rolling Capital bank have issued a termination as i have not paid anything since repudaiting the contract... This just gets funnier, they have also asked for the car back but i dont have the car the garage does "surprise" i dont think they ahve a clue what they are doing
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