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Everything posted by Shanks

  1. I've used your letter as a base CurlyBen thank you, how does the following sound as a response? As ever any comments or advice are very greatfully received. Cheers
  2. Thanks for all the comments and advice, and especially for the suggested letter CurlyBen that goves me a bit more resolve After a bit of digging I found this It's a small world isn't it Old Docks House is the registered office address of RMA/NCO, perhaps this is just a huge co-incidence. I wasn't surpised to note that they are not members of the SRA accreditation scheme , nor do they have Lexcel accreditation. Mind you I don't think it would be worth them applying as this is what they would need to demonstrate Cheers
  3. Hi Bullyboy, I would normally suggest week is plenty long enough for a store to decide on their next action. But what a disgraceful manner you were met with when you went in on saturday. I would still give them the week but make sure you escalate this to managment level if you don't hear anything. If it gets to it your next letter ought to include the following quote from their web site - Returns and Refunds Policy :: Bennetts Electrical Online Bennetts are members of RETRA (Radio, Electrical and Television Retailers Association) and they have some interesting thoughts on what is a 'reasonable time', it might be worth quoting them as well retra - radio, electrical and television retailers' association uk Cheers
  4. Hi Enron, and yeah there is life left in this thread I sent my SAR off on 20th September and heard nothing until last night. Some kind lass called to say that they are happy to provide copies of all my previous bills as per my letter. But there would of course be a charge of £3.50 for each sheet. They just wanted to check if that was all I wanted So I explained in very polite terms exactly what is meant by a SAR, the DPA etc etc and the fact that the maximum fee of £10 had already been paid. She put me through to her manager who after going through the whole thing again said - and I kid you not I told him I really didn't think it was up to the Chairman to provide me with copies of documents and copies of transcripts where BT staff a have been proved wrong but that I would gladly take it up with him if he could provide a direct line number. He thought again about his suggestion and decided that he would talk to his manager and get back to me. So far nothing. I did point out that they were now very close if not over the allocated time to provide the documents. He said he would look into that as well. So how are things with you and BT? Cheers
  5. Ok, well going from some of the previous posts I guess I shouldn't have been surprised at the next stage in this saga. But even I was taken aback when I got a copy of the next missive to arrive from this shower. Despite all the earlier correspondance this arrived yesterday... Shall I just bundle the whole lot together and pass it to the TS? The people I helping with this for would be happy to negotiate a F&F with B/card direct but are absolutely determined (particularly now) that RMA should not benefit in any way. I think that is a pretty fair view tbh. As a point of interest they are still calling them almost daily on their mobiles
  6. Thank you Planner - your point is well made Cheers
  7. I was not implying any sympathy would be forthcoming from the company just from me I hope the red makes this clearer Perhaps you disagree with this process or think it is not appropriate or necessary for these checks to be made. I for one am very glad that most companies at least try to adhere to some sort of check like this. Whether it is posible in this case can only be for the OP to decide. planner, I can see no point in continuing this petty debate on semantics and interpretation, it is straying from the main point of the thread and wasting everyones time. If my advice has been at all confusing (even though I have now edited the offending part out) please feel free to ignore it. My view on the main topic is clear and I have offered whatever advice I can to the OP in order to help them resolve the matter in a satisfactory way for all concerned. I am pleased this appears to have been validated by a number of subsequent posts.
  8. Thanks for the correction demon_x_slash I wasn't aware that you could risk losing your rights in this way. Cheers
  9. Planner- please spend no more of your time being confused at my advice If the OP does not want to give a name when she rings then fine. I was merely pointing out that it is hard to have any sympathy when she takes this line and the company then refuse to deal with her. I have outlined a number of ways she can repay the money without jeopardising her privacy. I was only explaining that it is standard practice for any company to ask to identify who it was they were talking to. And usually, with good reason, to be reluctant to discuss any matter without at least ascertaining the name of the person concerned. This is not limited to but certainly usually the case when discussing matters of a financial nature.
  10. Well you are right on that at least. Your son had funds paid into his account that he did not earn, did not deserve, was not owed and imo had no legal right to retain. Now simply because he is too “young and inexperienced” to monitor effectively what he has in his current account on a weekly basis he feels he has the right to spend it on ‘drinks for his mates’ and other unnecessary items, then when the original owner asks for it back - apparently it is him that has been ‘seriously wronged’. Well that's certainly one lesson.. This would seem to contradict your earlier argument that he was aware of an increased balance on his account when he was spending the cash but put it down to some overtime or benefit credit. I can begin to see though why you are so concerned about identity theft, if your son did suffer from this crime it would clearly be weeks before he discovered it had happened to him, by which time the perpetrators and his money would be far away I'm sorry I still can't see this strong argument - he has money or has directly benefitted from money that he shouldn't have - are you saying that whether through error or not just because he is incapable of tracking his finances he shouldn't have to pay it back? If you have no argument for the majority of it then why not all of it, the facts haven’t changed. I have already acknowledged that with your level of concern over identity theft there are a number of ways the funds could be transferred without compromising this. I am certain that if you negotiated this with company concerned they would be happy to let you deduct the amount incurred from the total. But I can see no justifiable reasoning for any other deductions. So they were caught in a ‘dammed if they do and dammed if they don’t’ situation. I have already suggested one way this can be resolved without any possible risk of identity being compromised. I would further suggest that you send them a letter explaining the situation and offering your proposal for repayment. You do not need to sign the letter or give your address. Simply enclose a copy of their first letter as way of showing they are in contact with the right person, and request that, as their first letter was received perfectly well that all future correspondence be sent the same way i.e. via the Abbey. If you want a more definite assurance that this is not an internally devised [problem] then I recommend that you ring Directory Enquiries and ask for the main switchboard number – even prolific [problematic] will find it hard to get this entry altered. Call the number and ask for the name of the most senior worker there, either Managing Director, Chairman or similar. If you are asked what it is about, simply say it is a personal matter and you would like to write to them. Write an explanation of the whole situation, include your concerns about id theft and then address your letter to this person and send using the advice above for any responses. The advantage of this approach is that the matter will be highlighted to a senior level and investigated. If it is an error by an inattentive member of staff they will be retrained and hopefully the matter will not arise again. If it is an elaborate [problem] then this should be revealed and dealt with accordingly. Either way both you and son are kept anonymous throughout the entire process.
  11. Hi Bullyboy, if you only bought it in April then you have good right to be disatisfied with the product and the service you have received. As far as I am aware your complaint is with the retailer - it is they that sold the item and so any issue should be taken up with them. I do know that many retailers, like the one here, simply say take it up with the manufacturer. This is because ultimately if you don't then they will have to. i.e. you bring the goods to them and they box it up and send back to Samsung. In some case it might end up being quicker because it does miss out he middle man but usually it's more a case of, if they can you to do the work then it saves them the trouble. It is the sale of goods act you need to be looking at and a very good thread here gives much more detailed information than I am able to http://www.consumeractiongroup.co.uk/forum/retail-stores-forums/117106-sale-goods-basic-guide.html have a look through and post back with any questions, I am sure a more knowledgable person will pick it up, cheers One last point though, I had a Samsung monitor go wrong very soon after purchase and I was told to contact them direct. I rang them and they arranged to swap the unit free of charge within 3 or 4 days delivered to my house. So it might be worth calling them just to check. taken from Warranty Information - Support and Help Line - Samsung UK
  12. Thank you Michael. Anyway, Goldlady as an aside and not wishing to divert this thread if you are still having problems with late payment have a look here. Apologies if you were already aware of this Late payment legislation and the BPPG Interest calculator. Having this short sentence added to the footer of our invoices has almost stopped late payment entirely. They might not like paying bills but they certainly don’t like paying interest in them!
  13. Gold lady – so are you really suggesting that simply because it is a large company that has made the mistake they should just take it on the chin and put up with the loss? At what threshold do you recommend that simple old fashioned honesty and moral standing should be disregarded because of the size of a company’s assets?
  14. Goldlady - so why are you seemingly advocating such a different opinion in this case. In both examples the cash has come into a person’s possession because of an error made by the original owner of the cash. You say you would hand the wallet straight to the police so why is the basic premise not the same in the OP’s case? I provided some links to the Sarah’s case because it has been raised on this thread a number of times and thought it might be interesting for people to have some background information about the case. I was not directly comparing the two situations despite the commonality of certain aspects.
  15. I have to say that I have been reading this thread with growing astonishment. I simply cannot believe some of the comments and advice that is being given here. Let’s start with the basic situation – in a nutshell, a company has, in error paid money into your son’s account. They have now realised their mistake and have written to your son asking for it back. Where on earth in the above process has your son been “seriously wronged”? They would have no other information about the account holder (your son in this case) other than the account number. With only that to go on, they have identified the bank concerned which would be easy, and then written to the bank asking that that they pass on their request for the repayment of funds to the account holder. Again, so far this has all been done in a way that respects his privacy and would enable him to repay the money quickly and without compromise. In response to their letter you have telephoned them (something this site rarely recommends in any circumstances) and they have quite rightly in my opinion, asked you to identify yourself. This is a straight forward and commonly accepted way if protecting all parties concerned and making sure that they are not discussing the matter with just anyone who calls. Would you have been happier if they had just proceeded to discuss the whole matter without first checking out who you were? I really don’t see this as “totally outrageous” You have not answered patdavies’ question about what sort of difference £90 odd pounds would have made to his normal or expected weekly pay. Although you do mention that he is 19, shy, easily tongue tied and was recently claiming housing benefit. Without any other details or, in fact an answer to the above question it may be safe to assume that he is not in the top earnings bracket at the moment. He was expecting a rebate so, certainly based on the argument of ‘reasonableness’ anyone could easily say that he would not be surprised to see a unexpected increase in his bank balance on the first week. And being 19 he, like many here at that age, as you say would have just thought ‘he was a bit more flush that he expected’ and went and enjoyed it. I can certainly see that. But do you really think he thought the same on the second week and then again on the third week and then yet again on the fourth week without ever thinking ‘hang on a moment I haven’t done that much overtime’. I know you said he was financially naïve but I think you are both stretching credibility a bit here. Of course this may be a wrong assumption and he might well be earning so much that £90 a week would not be noticeable. But then I suspect that repaying this would not mean him having to “cut back on necessities”. You have already stated that you are honest people and I have no reason to think you are not, so why not just offer to pay the money back? If you are so concerned about security and identity theft get an address from them and send some postal orders. Or ask the Abbey to transfer the funds to a holding account and then pass the funds back that way. It may cost a few quid and I am sure if you explained it the company they would happily let you deduct any costs from the total repaid. I cannot understand why there has been the need for all the “time, effort and consultation” to reach the conclusion that you stated in your first post you were happy to do anyway. And consequently why this company should have to reimburse you for the costs for your unnecessary ‘pre-repayment investigation’ Given a reasonable approach, they already realise it was their mistake which started this off so I am sure they would accept repayment in instalments over a period of time. You could of course take davethorpe’s advice, but do you or your son really want him to paying of this ‘extra round for his mates’ until he is almost 50? As for Goldlady’s comment... Clearly current law would disagree with you in most cases. Goldlady - if you found a wallet full of cash in the street would you take the same view? I mean the owner made a stupid mistake and should have taken more care not to drop it but does that mean you have the right to spend it. With regard to it being a [problem], they have paid money into your son’s account and you are going to say ok we’ll repay it but we are going to deduct some costs first. They lose money. The best possible outcome for them was that you repay the whole amount so they end up no better off. I really can’t see this going down as one of the greatest scams but again if you are that concerned talk to the bank and I am sure they will help you to address the matter sufficiently without any real inconvenience. Although if you ring them be prepared for them to ask who you are before they discuss the matter with you. Just for your information I think the case you referred to was the one of Sarah Lee who had £135,000 credited to her account which she duly spent with great gusto and now looks like she will pay for it. See here Mother lands a £135,000 windfall in bank blunder...and blows it in weeks| News | This is London and here BBC NEWS | Magazine | Can I spend that mysterious windfall? I cannot find the final outcome – it has been referred to crown court so it may not have been settled yet.
  16. Wow ScarletPimpernel - thanks for the fantastic response I was laughing out load by the end of it and I agree, I don't think this is really acceptable. As I said financial repayment was not the end objective for us here. The way my neice was treated was outrageous and I don't think she could be tempted to enter their store ever again. But I think she is owed at least a formal apology and an absolute assurance that this isn't simply something they have decided not to pursue, but rather something for which they had no right to pursue in the first place. I love your style and would really appreciate it if you have the time to draft something together for us. I am happy in the meantime to send a SAR to RLP and see what that gets for us if you think that would be good. No not all :lol: has a company really pi***ed you off in the past over something like this? Cheers for the help
  17. OK then here is their response... Now this raise a number of points for me. I guess we could just say OK they have dropped it so let's not poke it. But... all they are in effect saying is that they were instructed that my neice was a thief and that they should attempt to recover monies from her. Now having been presented with the facts surrounding the case they have advised their client not to pursue the matter any further. There is no apology, no retraction of the accusation of theft and through all this not a single word from Debenhams. What do you think? Should we just let it go or are we justified in wanting something more? I'm not after any financial gain from pushing this but I do think she is due an apology. Cheers
  18. It nmay be worth checking with Bt to see what the current status is see below... Exchange Status Checker Results: Brixton Code: WRBRIX County: London - Greater Enabled: 20 Feb 2000 Virtual paths: Red BT is reporting that some of the virtual paths at this exchange are not operating within BT Wholesale's planning guidance, although they are still operating within the product specification. At busy times, your ADSL connection may operate at a reduced speed, although not all customers on your exchange may be affected. You should only contact support if there is no current ETA date set. The ETA fix time is: 28 Sep 07 Record last updated: 10 Sep 07 This was from Exchange Status Checker so it would appear there is or have been some issues recently and all the time the exchange is showing as red you are likely to suffer all kinds of speed fluctuations and errors. It could well be that this is a matter out of TT's hands and you are back to when BT get their act together and sort the problems out at the exchange hth, Cheers
  19. Thanks for the comments and help, I have drafted this as a response and wondered what you thought of it - am I wasting paper? My hope is that they will pass it back to B'card and we can then deal directly with them and finally settle the matter quickly and easily. I sure RMA won't do that unless I send a letter like this so are they really that stupid that they will continue to try and chase it up now?
  20. Hi ScarletPimpernel, I've got a stack of dayglo green or orange paper here if you want some, it'll certainly stand out Cheers
  21. OK Curlyben, from your last it may mean we have to change the sims but it will all be worth it, knowing the RMA have shot themselves in the foot again.
  22. Curlyben, Thank you so much you do not know how much that is going to please my family. As the current payments are being made to RMA through HL (the DMA) can we now instruct them to simply move this amount to one of the other creditors and stop all future payments to RMA with immediate effect? Thanks Goldlady it is amazing that they are calling at this rate, but it sounds like it won't be for much longer now. Thank you CAG
  23. Ok an update on this thread at last The phone calls have continued without a break. Daily calls now being made to both their mobile numbers despite all the insisting that only written communication will be dealt with. They now told them to refuse to answer the security questions and hang up. Despite this good old RMA continue to call :rolleyes: Still it's their phone bill and it now looks like they won't be getting anything anyway We did send them a CCA request and Barclaycard have now sent us a copy of the original application form back! see below hopefully Their accompanying letter states I am fairly certain that this does not constitute a 'proper' CCA agreement but would be very grateful if someone could confirm this for me. They also received a further letter from RMA threatening all sorts such as and If the above document is not a true CCA copy as requested, can I simply write back asking RMA to refer the matter back to Barclaycard as they have suggested, informing them that the debt is not enforcable until the correct documents have been provided. Then contact B'card and suggest that we come to some arrangment if they promise to get RMA off our backs. Even if the debt is truly unenforceable we would be prepared to settle with an agreed f+f figure as long as RMA go away and don't get a penny. tia for any suggestions or advice, cheers
  24. Hi MungoPL tbh your letter is presumably stuck in the postal strike so it's unlikely to get a response within the next two weeks. As they have already cut you off, I wouldn't think they even going to consider reversing this descision. I have known a few of these situations and while I have seen them agree to put off a closure I have never known it to be reversed once it is completed. I would call them again, explain the situation. Confirm that your usage will be lower in the future, push on the fact that you were not given the notice stated in their t & c's and hope for the best. If they refuse to deal then ask for a mac code and start looking for an alternative deal. You are very unlikely to get a different result from your letter, and this way saves you waiting around for days on end while they take their time to get through the mail. Cheers
  25. Hi derekmcl Sorry to hear you have been having hassles from Orange as well. It seems like they are taking a zero tolerance view on this and other issues. I am aware that they are making these account closures with very little/sometimes no notice at all. tbh it sounds like you're almost better off without them derekmcl, I would contact them and confirm how they intend to deal wiit he thremaining part of the contract. I think they are going to find it very difficult to hold you to one part when they have cancelled another part of a contract. If you end up having to change ISP make sure you get a mac code from them, it will make the change far easier and cheaper. I woud agree with your cynical conclusion although I would expect that part of the service to be stopped soon as well. I would call them and find out exactly how they intend to apply the rest of your contract and then work it out from there. Post back here if you have any problems Cheers
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