Jump to content

Pliny the Penuriosus

Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited

Everything posted by Pliny the Penuriosus

  1. Here http://www.cwu.org/uploads/documents/ccfaarrangements.doc
  2. True Zoot that is why the 1st matter triable is whether or not the charges are lawful. It's the banks refusal to produce evidence to counter our argument that they are that causes us to win
  3. Did they charge you for the unpaid D/D's or are these your actual monthly charge which the bank have paid in error?
  4. Alledged or otherwise I don't care as long as the greedy lenders & their agents get judiciously stuffed!!
  5. She will probably have to do both but 1st she should cut & paste the template letter at the start of this thread not forgetting to amend it accordingly
  6. True but they do appear to be treating one event different to another. Also remember the banks say that if you contact them BEFORE going overdrawn they might be able to arrange an overdraft in order to avoid charges. Now if that manual intervention does NOT attract extra charges then why if you don't request THEIR manual intervention are you charged? It can only be a form of punishment for NOT following their rules
  7. Well he certainly learned something new which should place him in good stead the next time some poor downtrodden debtor comes before him
  8. Seeing as it's the Halifax you might like to include this: Mirror.co.uk - News - Top Stories - STALKED BY MY BANK
  9. For all enquiries, guidance on the work of OFT and to report anti-competitive or other behaviour by a trader or traders, please email [email protected] If you require consumer advice, information on specific consumer rights or wish to make a consumer complaint against a trader, please call the Consumer Direct advice service on 08454 04 05 06 or visit the Consumer Direct website.
  10. nat As you know your circumstances best you should write a letter, post it here & everyone can offer their suggestions until you have the letter you need. Also you should start your own thread & not highjack anothers
  11. This could well be part of the smoking gun. Even at the most loose translation they appear to be admitting that their charge IS a penalty charge as it differs in application to their 'normal' charge. I assume you have sent this to the MODS with a simular comment
  12. I know they are a charity & mean well but I'm so sorry Gingerheid I have & it resulted in complete disaster for the debtor
  13. Oh dear! As the guy has identified himself he should be very careful what he claims on a public forum.
  14. This is the legislation: [/url] Sale of Goods Act Fact Sheet URN No: 05/1730 Subject: Sale of Goods Act, Faulty Goods. Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002. Key Facts: • Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale). • Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description. • Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety. • It is the seller, not the manufacturer, who is responsible if goods do not conform to contract. • If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances) • For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement). • A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement. • If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit • In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years). • If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty) • After six months and until the end of the six years, it is for the consumer to prove the lack of conformity Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999
  15. There is no such thing as an 'acceptance' period other than you could return any item for a period of upto 6 (six) years from time of supply. It would of course be dependant on the product & it's normal life expectancy The fact is if the goods become faulty within the 1st six months then you CAN return them & demand a like for like replacement or full refund. To 'get out' the supplier will have to prove the goods were not nor subject to becoming faulty when supplied which is almost impossible to prove & you do not have to accept a repair.
  16. karen I'm sorry but we need a bit more info What is a cca do you mean agreement? Is it a HP agreement & of what value? Are you saying that you never received an amended agreement at the outset? Who & when did they tell you you wouldn't have got the loan if the correct mileage was put on the form? How many years ago was it repossesed & was a CCJ obtained ?
  17. Mister I don't think it's the 'smoking gun' we would all like to see but it together with all the other snippets of info being collected by the site might help prove their charges ARE penalty charges & not as they claim a service charge
  18. Most companies have CCJ registered against them & that includes the banks
  19. NO NO! It isn't to SAVE money it's so they can monitor what your doing with YOURS
  20. Yes it's in the DPA template letter section & it's the one that tells them to stop processing your data which is what they do each time they contact you
  21. The sil you MUST report them to the OFT & Trading Standards & if that doesn't work you must do as this consumer has http://www.mirror.co.uk/news/topstories/tm_headline=stalked-by-my-bank%26method=full%26objectid=19168032%26siteid=89520-name_page.html
  • Create New...