Jump to content

 

BankFodder BankFodder

weaver440

Registered Users

Change your profile picture
  • Content Count

    146
  • Joined

  • Last visited

  • Zodiac

    Leo

Community Reputation

49 Excellent

About weaver440

  • Rank
    Basic Account Holder
  1. Hi Bonus77, Unless the rules have changed they are lying to you. I had a successful claim with Nat west, they then slapped me with more charges after the claim was settled in full which of course led me to take out a further claim which they also repaid in full. Infact on Saturday I got a mini statement and since the 29th October they have taken £156.00 in charges actually causing me to go over my overdraft limit!!!!!!!!!! Needless to say I am for the 3rd time going to claim them back.
  2. Great stuff. Thanks:D
  3. Hi 120805, Please do not be so hard on yourself. Firstly with regards to the OFT, just tell them how it is - thats all I did. Just a simply worded straight to the point letter stating that you have requested documents from the lender as is your right and they have failed to comply which you believe means that they are commiting an offence. Enclose copies of all your correspondence with Cap 1 when you send the letter. They are not here to judge us as to why we want this info - it is pure and simply our right to have it should we want it, for whatever that reason may be. I had a letter from the OFT regarding my complaint about british gas loans and there was absolutaly no suggestion of disproval or evidence of them being judgemental. On the contrary, I really felt that they were taking this complaint very seriously indeed. Good luck, and instead of feeling ashamed you should feel proud because you are standing up against these bully boys who have made our lives miserable! Lets not forget that in some extremely sad cases people have ended their lives because of their debt problems and the very same financial institutions that should have helped these people instead added to their misery and some may say should even be held accountable! Lets get the Bug*ers.
  4. Thanks villafan and paulwlton for your reply's. So it is actually the same wether its a loan company or a credit card - thanks for that paul.
  5. Thank you so very much Peter, I was hoping I would be able to rely on you and I was right!!!!!!!!!!!!! I hope you have a good long weekend. Lynne
  6. PLEASE.Is there anyone who can tell me if this letter is ok??????????? [quote=weaver440;851072]Hi, have had my agreement copy from british gas (damn and blast them!!) and it took them much longer than it should have. Am wanting to sent this letter now tho for return of charges and removal of default, bear in mind they have already had the S.A.R - (Subject Access Request), Pre lim and the LBA. Can someone have a look at it and let me know if it is ok or am I missing some vital info or making demands that I cannot enforce. All comments very much appreciated:D Dear Sir/Madam I have finally received a copy of the agreement that refers to the above account after weeks and weeks of unwanted telephone calls from you and letters sent to yourselves reminding you that, as a result of your non compliance of the Consumer Credit Act you have committed a criminal offence. Under the Consumer Credit Act 1974 s.78 (1) (s.77 (1) for fixed sum credit you were legally bound to produce this document within 12 days of the request being made which you didn’t so as a result you have defaulted on this account, not only that you that put you in breach of the above Act. It is at this point that I ceased making payments which was my legal right to do so. I am advising you that you cannot take out a default on this account when you have already defaulted!!! You were then given another 1 Calendar month, which would have given you till the 26th April or there about to produce the documents but again you failed to comply with the Consumer Credit Act 1974, at which point you were committing a criminal offence. It took you no less than another 28 days before I received the documents! This is totally unacceptable! As you are aware I have already written to Trading Standards and the Office of Fair trading but so appalled am I by the way you have conducted yourselves that I am going to make a severe complaint to the Financial Services and my MP. Now that I have the requested documents I would like to bring my account up to date. What I require from you is a full statement of the account dated from 10/12/04 to today’s date. Furthermore, I demand that all charges and interest that has been added to this account from 8th March be removed and that the statement clearly shows this and as my letter dated 7th March requests that you refund all other charges which you have unlawfully levied from my account since 10/12/04. I also require the return of £10.00 costs (for having to send 9 letters recorded delivery regarding this account) IMPORTANT – Default Notice served under section 87 (1) of the Consumer Credit Act 1974 Regarding the default notice you issued - your letter dated 5 May 2007 ( a copy of which I enclose). I am advising you that you must remove this default notice. As previously mentioned you were already in default before issuing this default notice – you cannot issue a default when you have yourselves defaulted.( Some legislation quoted here would be useful if anyone knows what it is, Peter Bard if you are there) Please remove this default immediately and supply me with written confirmation that you have done this. Additionally, where there has been any event in my account history since 10/12/04 which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please confirm this in your response. Please be advised then that you have 14 days to respond positively to the above after that there will be no further communication from me and I shall issue a claim.
  7. Johnny, these banking people are really stupid, and if there not then they can certainly pretend to be when it suits them - I would send 2 seperate cheques, write on the back what the cheque is for so as to leave them with no possible doubt!!!!!!!!!!!!!
  8. In had full return of charges from Nat West but incurred more charges after putting in a claim. Once my claim was settled I sent Nat West a very nice letter saying that since they admitted no liabilty to the previous claim but would return the charges as a gesture of goodwill and, as they stated it was not in their interest to see this go to court, how about they return the £120 in charges that they once again have unlawfully taken from my account, which they duly did without so much as a teeny weeny argument! Go and get them back - and keep asking for them back!
  9. HI, OFT address I wrote to is Enquiries Unit, Office of Fair Trading, Fleetbank house, 2-6 Salisbury Square, London, EC4Y 8JX and as for the Trading standards i think every one has there own regional office that they should communicate with. In my case it was north Yorshire. If thats your region let me know and i will post it.
  10. Hi, have had my agreement copy from british gas (damn and blast them!!) and it took them much longer than it should have. Am wanting to sent this letter now tho for return of charges and removal of default, bear in mind they have already had the SAR, Pre lim and the LBA. Can someone have a look at it and let me know if it is ok or am I missing some vital info or making demands that I cannot enforce. All comments very much appreciated:D Dear Sir/Madam I have finally received a copy of the agreement that refers to the above account after weeks and weeks of unwanted telephone calls from you and letters sent to yourselves reminding you that, as a result of your non compliance of the Consumer Credit Act you have committed a criminal offence. Under the Consumer Credit Act 1974 s.78 (1) (s.77 (1) for fixed sum credit you were legally bound to produce this document within 12 days of the request being made which you didn’t so as a result you have defaulted on this account, not only that you that put you in breach of the above Act. It is at this point that I ceased making payments which was my legal right to do so. I am advising you that you cannot take out a default on this account when you have already defaulted!!! You were then given another 1 Calendar month, which would have given you till the 26th April or there about to produce the documents but again you failed to comply with the Consumer Credit Act 1974, at which point you were committing a criminal offence. It took you no less than another 28 days before I received the documents! This is totally unacceptable! As you are aware I have already written to Trading Standards and the Office of Fair trading but so appalled am I by the way you have conducted yourselves that I am going to make a severe complaint to the Financial Services and my MP. Now that I have the requested documents I would like to bring my account up to date. What I require from you is a full statement of the account dated from 10/12/04 to today’s date. Furthermore, I demand that all charges and interest that has been added to this account from 8th March be removed and that the statement clearly shows this and as my letter dated 7th March requests that you refund all other charges which you have unlawfully levied from my account since 10/12/04. I also require the return of £10.00 costs (for having to send 9 letters recorded delivery regarding this account) IMPORTANT – Default Notice served under section 87 (1) of the Consumer Credit Act 1974 Regarding the default notice you issued - your letter dated 5 May 2007 ( a copy of which I enclose). I am advising you that you must remove this default notice. As previously mentioned you were already in default before issuing this default notice – you cannot issue a default when you have yourselves defaulted.( Some legislation quoted here would be useful if anyone knows what it is, Peter Bard if you are there) Please remove this default immediately and supply me with written confirmation that you have done this. Additionally, where there has been any event in my account history since 10/12/04 which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please confirm this in your response. Please be advised then that you have 14 days to respond positively to the above after that there will be no further communication from me and I shall issue a claim.
  11. Hi, Am wanting to send of SAR to mint for statements but I also want to include in this letter a request for the true signed copy of the agreement under the CCA 1974 contained within s.78 (1) CCA but the s.77 (1) that I have quoted when writing to my loan Co British Gas refers to fixed sum credit - this isn't fixed term credit ( is it) ? So does anyone know how I should word it or what sections of the CCA I need to refer to in the case of Credit Cards when requesting a true signed copy of the agreement? Thanks.
  12. ncf355, thanks. Do you have any thoughts on wether i should/could issue a claim against them for non compliance and therefor the return of all monies paid or do you think a letter asking for the return of my money with the threat of taking out a claim against them would do the job? Normally I would be more than content with the non enforcement of the debt but british gas have rattled my cage to such an extent that I have covered myself in war paint and will not be happy to give in until I have a scalp or two!!!! Any comments appreciated.
  13. That is exactly my feelings conchy joe. When CAN you say its all done and dusted. I think there should be something which compels company's by law to say either "Yes we have the agreement but have not produced it for reasons blah blah blah" or "No, we do not have the agreement". I still do not know if british gas loans have my agreement? So in theory I could take out a claim against them for the return of all monies paid at which time they could turn round and say "nah nah nah nah nah, we've got the agreement":eek: Ok, so the courts won't be very happy but thats all, where would that leave me? I want to know if they have it or not!!!!
  14. Hi Zubo and Peter, Thanks for your responses, if you take a look at my thread British Gas loan charges it goes into far more detail, I posted on this thread because this is where everyone seems to hang out:rolleyes: I find responses come alot better here.
×
×
  • Create New...