cfs_too
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Everything posted by cfs_too
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I can't advise on the initial problem, but I would suggest It would be beneficial to send a SAR request ASAP too, to build a picture of what happened. Specifically ask for telephone recordings (admitting their error but not telling them), and all details on the account. This information will assist you in either proof of fraud from your brother or incompetence by standard life. Mee_too
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Hi goldlady & pierre70, Thanks for your comments, here's my little update ....... There isn't one! Since the Jan 15 letter saying 'we will get CCA from M&S and send to you', I've heard nothing. Which does seem to appear they aren't wasting time on the 'charge card-to-credit card' accounts when a CCA is requested as proof. Also many thanks to ms Mayhew, I'm off to read up on her latest case mentioned above. Thanks Me_too
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I can totally agree with ihatebaliffs, truecall has changed our lives. It really is worth every penny!
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I vouch for the truecall. It's initially expensive but a great product. I think the newer model checks numbers which others have noted as spam numbers and blocks them automatically. I have an old model, and whilst the odd international call used to get through (by pretending to call from uk), it does register on truecall as international so all are blocked. Easy to use, and I wouldn't be without one now.
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Have I been Mis-sold my BT Broadband?
cfs_too replied to sploits's topic in Broadband and other Internet issues
Hi, I'm sorry I can't offer an answer to your question, but I'd just like to say I'm in a similar position. I renewed/extended in Jan 15 our broadband, with BT Sports free for the duration of the contract. A friend also did the same. We both have emails saying it will be £5 from August too. I haven't contacted BT yet as I need to listen to the truecall recording of the call before I make a formal complaint. I don't think it's right that they think they can charge extra half way through the contract. I think that you might be able to cancel the contract though,i think it was detailed how to on another consumer website. I'll try to find where I read it. -
I'd reply with a simple 'If and when we are ready to move we will give you the appropriate notice as required in our tenancy agreement. At the moment we have no plans to move out'. Should get her off your back. It appears she's trying to establish facts, as I think (in passing) you said you'd have to move if the rents were put up, but until you give your legal notice she shouldn't be contacting you like this. She can of course serve you notice anyway, which she can do at anytime. Hope this helps, sorry if a little direct but she's been behaving like this for a while and you really need to stop her to get some peace and quiet.
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Hi, Is your post asking if the debt is stat barred or whether you can still claim for penalty charges made by CC company? I thought that charges over 6 years could still be claimed, even if account sold to DCA? And the refund payment should not be passed to DCA as debt was already sold and original CC provider compensated in the sale? I thought there were lots of BC claims on this forum for charges more than 6 years old, have I missed something or completely misunderstood? (It could easily be the latter. Rather confused generally at the moment) Me_too
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Hi, Re : the overdraft or not question, I too had a personal reserve account many years ago, and after reading this thread I thought I'd have a look on the internet as I thought is was covered under CCA and not an overdraft. I searched for 'marks spencer personal reserve CCA', and was linked to another site on which someone had put an image of their personal reserve CCA agreement. Upon looking at this, it seems to me that it is covered under CCA etc, maybe you could have a look yourself as I don't think I can put the link to the other website in this post. Also I found a website which said the personal reserve account was a flexi-loan account, I'm not sure if the other more experience members hear know a little more about flex-loans and wether they fall under CCA or not. I hope this info helps. Me_too
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Hi CitizenB, My mum also received one if these, she is a second name on my account so very confused as to why she's been spammed like yourself. I assumed that to activate the trial that a call would be necessary, now I'm concerned that it's automatic. Time to locate mums letter. I hope (like you) that it's not auto-enrollment. Me_too
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Hi, As the others have advised, I would CCA first, and wait for the response. I found some very interesting notes in my BC SAR referencing my CCA request (Including why they were unable to produce a compliant copy !) Me_too
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Hi, I used to have a MSDW card, also early 2000's, later turned into just a MS card. I suffered ill health and was unable to meet min payments. MS sold account to barclaycard, who then sold to DCA. BC failed to provide copy of agreement and terms. DCA confirmed lack of docs and unenforceable, after a bit of too-ing and fro-ing re failure to comply with s78 request. So in my opinion always worth trying to get proof of agreement etc. Me_too
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Hi, The experts will be along later I'm sure, but the app form appears to be undated and then 2 sets of different terms dated 04/01. Seems to me they aren't the correct terms at time of opening. The second set state something like 'refer to your agreement for terms 1 & 2', which I don't see anywhere. Also, it's important to get a SAR as the system notes can be extremely revealing as to wether original app or agreement actually exists. If system notes not included in SAR (often not supplied 'in error' ) then contact MBNA and specifically ask for them. Hope this helps Me_too
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Hi, Having had the run around from a different DCA who purchased my MBNA account, I might not be able to advise you on your questions, but I will tell you a little story. Quick info : in 2008 due to disabilty I was unable to meet CC payments, so followed advice on here requesting CCA's & DPA's. I was not avoiding debt, I was placed in a situation where I could not make repayments and was being hounded by many DCA's and OC's. CCA - MBNA provided poor microfiche copy. No terms but insisted s77/78 complied. I tried several times, same response, then they sold account. CCA - to DCA finally admitted no terms were available at time of opening or default, and account was unenforceable. This took few letters, requesting the relevent docs which are required as part of a s77/78 provision. It's worth noting there is an article on BBC News website, I am not sure if allowed to include link here, but it can easily be found by searching for 'BBC MBNA agreement'. It confirms that of the older originally terms & conditions were not saved by MBNA. Might be worth a little look. I hope this helps, and of course I'm sure the others with more experience will advise as to what should be included in the s77/78 provision. Me_too
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Natwest trying to convert Buisness Overdraft to loan
cfs_too replied to joba1984's topic in NatWest Bank
Hi, If you have your personal account with Natwest (or even joint account with partners wages going in), please consider changing it to one that's is outside of the group. This is a preventative measure to stop Natwest taking arrears from any perosnal accounts. There lots of advice on other threads by the more experienced members about changing to a differnet bank (and group) prevent this. There are many different threads which cover arrears and 'offsetting', I think you have a head start and a little time to plan. Not trying to scare you, just hoping to make you aware of the practices of the banks before it's too late, most of us who came here for advice have been stung early, and only discovered the offsetting rules after it's happened. Me_too -
Hi, Thanks for the response. Yes it was a store card, they had a choice of two they 'chargecard' or I think 'budgetcard', mine was a charge card. It was later upgraded to a ''&more" credit card. M&S have been quite obstructive in in their CCA s77/78 provision, and have since sold to 1st Crud. Of course, at the moment I am inundated with letters, and the discount letters offering a higher % reduction if I pay more quickly. I'm currently waiting for their CCA provision. My main concern was wether 1st Crud are likely to start a claim through Northampton, or wether they would be aware of Mayhew and not bother. I'm trying to nip it in the bud before they start any legal action. I'm sure the CCA is unenforceable, due to the upgrade to credit card (as detailed in citizenBs post above). I was wondering if anyone had been taken to court with these dodgy CCAs since Mayhew? Thanks Me_too
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Barclays turn down financial hardship application
cfs_too replied to gribzig's topic in Barclays Bank
Hi, I've just seen the above comment, from an earlier thread of yours. LTSB kept doing this, so I couldn't raise the complaint with the FOS. I'm sure they do it so that you don't think to raise a complaint with the FOS. So many people are unaware of the FOS complaints procedure and the banks know more people give up at this stage rather than continue with the complaint. If you do follow this up, ask for them to confirm in writing a final response so you can take it to the FOS. It might also prompt them to take the complaint more seriously. (We can hope!). Me_too -
Hi, It's been a while for me, not truly active on here but always trying to stay up-to-date by reading up on recent posts etc. I have a small issue which I'm hoping some of you will be able to advise. M&S credit card, defaulted 2008, no longer on CRA, last payment a couple of years ago. Was making £1 token payments, unable to afford as disabled and unable to work. stopped all payments (quite a few cards, used to have a good job!), and just couldn't afford £1 so did the CCA route on all. CCA'd M&S, they returned an in-store application form for chargecard (early 90's), T&C seemed random, but was dated same year. No varied terms, no new terms when converted to credit card, no default terms, only current terms (5 years after default applied!). Balance approx £2k. Then endured protracted comms, over 8-9 months, re failure to comply with s77/78 etc. M&S adamant s77/78 complied with. Then they decided to sell to 1st Credit - oh joy! Have sent of CCA to 1st Credit, so far 'we have contacted M&S for copy' etc, and noting firmly that M&S have already fulfilled s77/78. I await 1st Credit to send the same copies. So, the CCA is illegible, you can kind of make out the wording, but there isn't any reference to attached terms, and no terms provided for default, however I'm sure they could locate them if they tried. My question is, are these 'charge card to credit card' conversions still unenforceable, ie does Mayhew still hold some clout? I've searched around the forums and can't see of any recent M&S cards this old being taken to court, so I am assuming these are still unenforceable? Any recent cases out there? Thanks Me_too
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Barclays turn down financial hardship application
cfs_too replied to gribzig's topic in Barclays Bank
Hi, I'd say continue your formal complain in writing, turning it into a BCOBS complaint (as suggested by the more experienced members of CAG). It is important to keep it all in writing, and to not be bullied into engaging in telephone call. As advised all over the forum it is much easier to provide a trail of evidence (including signed for signatures - in my experience barclays have 'not received more letters than recieved!) when your compliant is in writing. Continue to complain, ensuring your letter include in red Formal BCOBS complaint. (It took me 5 formal complaint letters to LTBS to get over £2000 incorrectly charged interest refunded and default date changed. The key is to be concise, and don't give up, however I would advise don't let it get to 5 letters before you take this to the FOS!). Good luck, and don't give up! Me_too -
Hi, Thanks for your reply, I'm a bit naive here, please can you explain a little more why this is normal? Has something changed recently? This hasn't happened before. Thanks
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Hi, Thank you for prompt response. Yes deposit is protected. I pay all bills (gas/elec/water) direct in my name to the utility companies. My concern is that it could take weeks to receive a bill, and upon payment then weeks again for confirmation. Thanks
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Hi, I've been issued with a valid s21, the letting agent has now sent a follow up letter which states that any deposit will not be returned until I have proof I have paid the water bill up to date. Obviously I will inform water company of reading on checkout day, (and of course pay when a bill is calculated) but I feel it is wrong for letting agent to withhold deposit until I provide proof bill is paid. This could take many weeks! Is this standard? It doesn't specify this in my tenancy, this is the first I've heard of it. Of course I'll pay outstanding utilities, but I'm sure the water company won't send somebody to read my meter when I request, nor will they produce a bill immediately. Any ideas? Thanks Me_too
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Hi, Thanks to everyone for their advice. I have viewed the MSE page too (thanks citizenB). My friend is UK citizen, born here and has a work history of over 20 years. I didn't mention this before as I know it isn't relevant in terms of the law, everybody is equal under the 'prove you can work in uk' law introduced a few years ago. (Sorry I don't know exactly the legal terms to quote but I understand the gist of the law). There is no doubt they are legal to work, and they do have a UK Passport. The main issue was the legalities in it being implied they must provide an electronic copy to an agency who is not the employer, and will never be the employer, but merely a service of introduction (of course for the commission). They know the legalities in that they must produce p45/passport to the employer, its just the middleman who is now insisting for a copy, several months after first distributing copies of their CV to prospective employers. The friend wishes to keep who has copies of their passport to a minimum, so as to prevent id fraud, and really doesn't wish to send a copy to the middleman unless he is really required to do so. My friend has already accepted the job, returned a copy of the signed contract and has agreed a start date. It seems to us that the agent appears now not to have followed their own company procedures. Having looked at the agents website, I can confirm it doesn't appear to be very professional, however it appears they are a legitimate company. Thanks for all of the advice, and I have passed all of this valuable info on to my friend to view. me_too
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Hi, and thanks for your reply, please forgive me as I am quite poorly today, my head is rather foggy, and I am not really sure of the question you are asking. I am unsure if you are saying that my friend does have to prove his identity (under a legal requirement) and how he intends to do so, or if you are asking what my friend intends to provide as an alternative form of id and delivery (ie not email). My friend has been in contact with the agency for well over 4 months, my friend sent his cv to the agency, which was sent onwards to the future employer, and a job offered, accepted and signed. The agency has seen my friends cv, he has contacted him via email and telephone throughout these past 4 months. At no time has the agency asked for any proof of identity, it seems a bit strange that the proof is requested after a job has been secured and not before a cv was sent onwards. We both understand the legalities of an employer requesting info, I am asking wether there is a legal requirement to provide such information to an agent, which is not an employer but merely a recruitment service. Thanks me_too
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Hello, I have a question relating to sending a copy of a passport via email to a recruitment agency. It's for a friend, who is insistent they are not going to send a copy, to the agent, but I just wanted to ask here as I know there are some excellent and knowledgable people on here who will know more of the legalities. My friend saw a job advertised, contacted the agent advertising the job etc and went for several interviews with the company. The agent has been the go-between, and my friend will not be working at any time for the agent, it is merely a job finding service (for which the agent will receive a very hefty commission). He has received written contract from the company, the contract states provision of P45/passport etc required to prove right to work in UK. We both totally understand the company which will be his employer is obliged to do such checks etc. He has signed contract, and will take all docs necessary on day 1, and new employer is happy with this. Meanwhile, after the agent arranged interviews, and job has been accepted and contract signed (with prospective employer) the agent is now insisting on my friend providing a copy of passport to them via email. This is over 4 months after initial contact with the agency. Due to fraud concerns, friend does not intend to send any copy of identity docs over email. He also thinks that as the agent is not the employer then he is not legally obligated to provide such proof. Surely if this is a legal requirement, the agency should have requested (and received) required documents before any CV was forwarded never mind 3 interviews and a job contract signed? Also my friend has not seen and T&C for the service which agency has provided, and has not signed anything with them. Is my friend legally obliged to send copy of passport to the agent?
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Hi dx, thank you. Nothing from Amex, hardly surprising though. After rereading their letter to 'dismiss in entirety' Im preparing a FOS letter, and thinking about contacting some of the other organisations in regards to disability discrimination (Equalities Act) too that one of the posters mentioned earlier in the thread. thanks to all for the advice. Mt
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