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  1. Rory Thank you for your help, I will do as you advise and keep you posted.
  2. Hi Jan Thanks for your comments. You are quite right. I will draft a letter of complaint to the banks director shortly. Think I might actually give them the option of settling now, informing them that if they decline to settle I will report the threat to close my account if I insisted on being allowed to collect MY MONEY!!!!! The new complaint would cost the bank a further £350!!!!! Incidentally, when I went to collect my money yesterday, the phonecall hadnt been made and that had to phone up her while I waited!!! I cannot believe how difficult the banks are being and how they continually refuse to abide by the law. I did read somewhere yesterday that as the FOS got involved in this last year, they should no longer be charging how they are anyway and therefore they are in the wrong for this. Am thinking about writing to the FOS with a schedule of charges made since I submitted my original claim - under seperate cover of course - as a seperate issue, questioning if they should still be doing this even when the FOS have deemed the charges unfair and I have already submitted a complaint for charges prior to these. The bank would have to pay another £350!!!! Worth it for that alone.
  3. An update. Have just had a call from the bank - 3 hours after I phoned them!!! The woman I spoke to was a manager from the legal department - very rude lady. Would not let me complete a sentence without interupting me. Told me that if they let me have the monies then my account would be overdrawn and they would like to know how i was going to pay this money back. I stated that this was not what I had called for. I had called to make arrangements to make my WFTC and Child benefit funds available to me. She said that if I refused to tell her how I was going to pay this money back then she would close my account right now. I warned her that this was not ok and that if she did this I would create merry hell. She said I had refused to make an arrangement to pay monies back - this was of course not true. At this point I told her I was taping the conversation and that I would go to the BBC, solicitor and FOS if she did not tell me how this money was going to be made available to me today. She said she would not discuss this until I had made an arrangement to pay the monies owed. I again reminded her that I was taping the conversation and that if they refused me access to the monies then it was breaking the law under Social Security ACt 1992 and Tax Credit act 2006. She did get really shirty, but in the end I got what I wanted. A warning to anyone - it would appear that once you begin to claim back what is rightfully yours, the banks will use any excuse to close your account. The rudeness of the staff is amazing - I made it clear to this woman that I was appalled by her tone, attitude and negativity towards the situation. You would think it was her money that she had to give me. I have to go to the bank after work and collect monies. Apparently she was going to make all necessary arrangements. Lets see. It will hit the fan if I get there and its not sorted, but to be honest, with the treatment I received on that phonecall, nothing would surprise me anymore.
  4. what about when a CCJ has been obtained. I think that one of the debts there possibly is a CCJ and one not? Also, am I able to contact the companies and ask for copies of all correspondence to ensure that there has been no letters in the six years. I did at one point contact them and try to arrange a payment schedule, but they wouldnt accept what was being offered at the time. NOt sure if this was in 2001 or 2003? Anyone with any advice on this, your help would be much appreciated.
  5. Hi Just an update. Have just called the FOS regarding the new thread made - benefits being taken unlawfully. When discussing this with them, I did ask for an update of the complaint made to FOS regarding the bank charges. I can confirm that whilst this service is free to the customer the bank being investigated does have to pay the FOS a fee. The operative wouldnt confirm what this was, but I have read somewhere that this is in the region of £350. Really glad that I decided to take this route now, as this means that whatever the outcome of my case, the bank will have at least had to cough up £350!! I was informed that my case was about to be looked at by the FOS and that initially when investigating they contact the bank and ask for a copy of their file on the case. At this stage the banks sometimes settle. However, if this is not the case it is taking approximately 3 to 4 months to resolve a case, due to the heavy workload. I have to say, that the operative that I spoke to was very friendly, very informative and gave me the confidence that I will be kept fully informed as the case progresses. For anyone else considering their next move, it is worth considering the FOS, I was personally not in a position to pay the £120 court fee as I had hoped, and decided to go to the FOS mainly for this reason. It doesnt really appear that it will take much longer than court, as these cases appear to be dragged out now as so many people are applying, plus the bank has to pay the investigation fee. I am about to submit another complaint at the advice of the FOS regarding the unlawful denial to funds from WFTC and Child benefit. Thats another £350 they will have to pay!!!! Goody goody.
  6. My understanding is that they are not allowed to penalise you for claiming back what is rightfully yours. I think I have read in a thread on this forum that the FOS awarded compensation to a bank customer who has had his account closed as it was found that this was a direct retaliation to the claiming back of charges. Ring the FOS, I have spoken to them, they are really helpful, they are unable to give legal advice, but will direct you as to where to go for help. I have also read that people have taken injunctions out to stop there bank closing the account, I know this is not cc, but the FOS has now laid down a schedule of charges for cc companies so presumably if you did have a new card any new charges would be under this schedule therefore you would be agreeing to them?? This is the reason they are using for closing bank accounts - that you do not agree to their t & cs therefore they are no longer able to accept your custom. NOt sure if this helps, but hope so. I cannot believe the underhanded tactics being used by the banks - to think that we all trusted them to deal legally until this all came to light!!! What a joke.
  7. Dear All I am well along the path of claiming back my bank charges, have been offered a measly settlement, refused and reported my complaint to the FOS. I have since had a direct debit refused, which has escalated into my account being £200 overdrawn. Each Thursday I have WFTC paid into my account and every four weeks I have my child benefit paid in. Last week, I faxed the bank and sent recorded delivery two right of appropriation letters stating the law that stops banks from being able to take benefit money. Told them that I would be drawing the money on Thursday and Monday respectfully and surprise surprise the money is not available to withdraw. I have phoned the bank and after being put on hold for a total of 45 minutes throughout the duration of the conversation, was told by someone in the legal department that the only way I could get this money today £170 for the two benefits they have unlawfully denied me access to, is to close my account!!! I have told them that under no circumstances whatsoever are they to close my account and if they do not arrange for me to have the funds today, then I will go back over my account and claim back all benefits that their unlawful charges have interfered with, and report them to FOS, BBC and National Newspapers as well as my MP. I was informed that I would have to wait for a call back from the girls manager who was just going into a meeting. This was over an hour ago - as of yet no call back. I have called the FOS, who incidentally have informed me that my claim for charges is just about to be looked at by an adjudicator, and informed them of the new developments. Although they are not allowed to give legal advice, they did state that they believe it to be true that to take the benefits is against the law. Will keep you posted. Will also update my bank charges thread with more info obtained from FOS regarding duration of bank charges claims etc. I cannot believe that the banks continually break the law and nothing is done about it. Seriously considering going to a solicitor now for damages claim.
  8. HI Just an update. Got a letter today from A&L. One day too late. It contained a load of waffle plus the offer of £359 which they say is the difference between the charges paid and £12 that FOS agreed for credit cards. Am going to search the library and send the letter of rejection. Do I inform them that I did report them to the FOS? Not sure. Thanks
  9. Almost too good to be true!!! thanks again curlyben.
  10. Thanks for your reply curlyben. Have read more posts and have a further question - I have received letters from the creditors during this time, but have not entered into correspondence with them and not paid anything either for over six years. If this is the case, where they have written to me, does the six year bar still work? Strange how enpowering it is when you know your rights! Feeling like I want to take on the world today!!!
  11. Hi I am currently tackling the banks with the help of many before me on these forums. It was the bank charges that introduced me to these forums. I really wasnt aware that they existed and what a discovery. How nice it is to find out that so many other people are in similar situations and that they are all really happy to share their advice. I am about to send a couple of letters for old debts where no payment has been made for 6 years. I understand that this means that the credit companies will no longer be able to chase me, but what happens in terms of the black marks on your credit file - how are these removed or do they just stay there?? Any advice would be gratefully received.
  12. Hi Jansus Thank you for your advice. I have just posted off my complaint form and copies of correspondence to the FOS. Wait and see. I have decided to go down that route, purely because I would have to wait about another fortnight before I can spare the £120 for the court fees. So I will keep you posted on how long the process takes. I am about to start another claim now with Capital One. I might take that one down the court route (if they dont settle before) and see which appears to work better. Jansus, how far along are you and what date did you start the court claim. I will be interested to see how long it takes to complete the process in court at the moment. Best wishes Lucy
  13. Hi Been reading many of the postings with much interest. I would like to thank everyone who has added information as this is probably the biggest reason I have continued. Not being the luckiest person alive, when I initially decided to take on the bank, I did think that it would be my luck that by the time my case came to the table the bank would have found a way out of refunding the monies. I am at one of the final stages. I have done all the previous stages by the book and tomorrow is the date that the banks 14 days are up. I have had the get lost letters and in response to my "I will take you to court if you dont pay" letter I received a letter from the bank stating that they were looking into things. As of yet I have not received an offer of settlement. It would be financially difficult for me at this moment in time to pay the court fee of £120 (£2,127 being claimed), so I have done some research into going to the FOS. It appears from postings on this site that there is 100% success rate from them without the cost of court fees. Also, I understand that if I lose by the FOS then I can still go to court, whereas if I lose in court there is no further to take the case. Has anyone got any feelings on if this is the correct route? Good luck to all of those who are currently awaiting the outcome and well done to those who have already taken on the banks and won. You are an inspiration to the rest of us.
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