You mean my use of the template is shoddy ? lol I dont claim to know what I am doing and like so many people I just play it as it comes. My reply to them will consist of a detailed financial statement along with a letter stating that the details about the cause of my hardship are not the banks business excepting the fact that the charges applied on my accounts have added to and indeed compounded my difficulties. I will have a look for the hardship letter though (if I can find it) this site is like a maze sometimes.

Hello, I recently had some trouble with Bailiffs and found CAG , I got that sorted out, more or less and discovered a whole world of other stuff I never knew about. I wrote to RBS in my own way July 17 2009 　 The Manager Royal Bank Of Scotland Re: Account Numbers 16-17-** 100**** and 100***** 　 Dear Sir/ Madam Some time ago I wrote requesting my 6 years statements on account 100****** I received them and was charged £10.00. I then wrote to yourselves to formally demand that the charges be refunded as I believed them to be penalties and therefore unlawful. In light of the high court judgement regarding penalties I will rely upon the fact that the charges are unfair and therefore invalid under the Unfair Terms in Consumer Contracts Regulations if the charges are not penalties as alleged, then they are unfair within the meaning of the Unfair Terms in the Consumer Contracts Regulations1999 and therefore fully recoverable as they are invalid I have had no response from you regarding this matter. I don’t care what the FSA has to say about it I want the money you stole from me . If I were to go into one of your branches with a shotgun and demand money it would be a far more honest way of getting cash than the royal bank employs. My request I am writing to demand you to refund to me bank charges and related interest which you have levied from my accounts since I have had them. I am aware of the limitations act “The Limitation Act 1980 says that claims in contract which relate to breaches more than 6 years old are barred from recovery because too long a time has passed.” However, s.32 (1) (b) of the Act says:- (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either- (a) the action is based upon the fraud of the defendant; or (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or © the action is for relief from the consequences of a mistake; the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.... The High Court has recently decided that your charges are subject to the Unfair Terms in Consumer Contracts Regulations 1999. I consider that the regime of bank charges you operate is unfair within the meaning of these Regulations as they are not individually negotiated, they operate in much the same way as charges operated by other High street banks and therefore there is little alternative to myself but to agree to the charges. Furthermore the charges are contrary to the requirement of good faith and fair dealing as they lack basic standards of commercial moral practice and take an unfair advantage of the weak bargaining power of the consumer. They impose a significant imbalance in the rights and obligations between the contracting parties which is to my detriment. I also consider that the charges may be unlawful at common law. Your responsibilities I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. Furthermore you are bound by the Banking Code to treat your customers fairly and it is evident that you do not so. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now. I am fully aware of the waiver which you are presently relying upon and which was granted to you by the FSA. However, this is an internal industry matter and has nothing to do with me. It is one-sided and I note that you continue to levy charges and to enforce them despite the weight of judicial and popular opinion against you. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. If you dispute that I am entitled to a refund of these charges, then please let me know within the above timescale the basis upon which you dispute together with the reasons why you consider your charges to be fair. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. In considering this request for repayment, your attention is drawn to the Press Release issued by the FSA on 27th July, which states: "Consumers who are in very difficult financial circumstances - 'hardship cases' Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS." I believe that my personal circumstances fall within this category because we live on benefits and struggle to pay bills and food expenses. My wife is very poorly and the stress your organisation is causing and has caused is making her worse. If you would like to see a complete financial statement I would be happy to comply. I await your response within the above timescale If as a manager you are unable to deal with this I request that this is immediately forwarded to your relevant department at your earliest convenience. 　 ..... Today I recieved two letters replying (one for each account ) quoted in the letter. (tried to paraphrase) ... We acknowledge reciept.... We believe your complaint concerns the level, fairness or lawfulness of the charges. Normal approach = internal process, however now involved with legal proceedings (oft)... then goes on about the FSA suspending normal timetable of dealing with charge complaints but agrees that they are obliged to review accounts if customers may be experiencing difficulty meeting financial commitments. In order for us to understand and review the full extent of your financial position please complete, sign and return the attached "customer financial statement form" together with an explaination of the circumstances leading to your inability to meet your commitments. QUESTION: what have the circumstances got to do with RBS. I can provide a full financial statement prepared by Christians against Poverty.... how much detail do I need to give them ? Can I just proceed with action against them as they have not satisfacorily replied to my demand for repayment of the monies stolen ? What do I do now ?

No use to this topic but I cant find out how to start a thread even though I have done so previously ! there is no start thread button help !!!

following a review of my diary of events on 29 June ( as opened this thread) I have re-booked an appointment to report the actions of these thugs from Marstons as a criminal matter. I have further completed a report for the information commissioners office regarding data protection issues. I will post back when the police say its not a criminal matter !

I have been seeking advice regarding my post "more marston mightmares". A formal complaint has been acknowledged by Marstons regarding the conduct of their employees however, this does not address my question about disclosing personal data by (in effect) posting details of a warrant and amounts outstanding on my front door (print side out on a card 8 x 6 inches) On the card was written my wifes name, the name of the supposed certificated bailiff) D. Roberts , one of the three warrant numbers they said they were acting on and the total amount they were here to collect. then in red print... the fact that they would return with a locksmith within seven days to conclude this matter. Due to the prominent position of my home on the main road by the post office and next to the busiest bus stop in the village I want to persue Marstons for "publishing sensitive and private information" Any advice please as to what I should do ? I have made initial contact with the information commisioners office who indicated that this breached at least principle 7 ?? its all gibberish to me, I have looked at various acts and bits of law and I am not a simpleton but it is written in such a way that no lay person could possibly understand it or it could be interpreted in so many different ways that it is unhelpful

I recieved a letter from Marston acknowledging my complaint, basically it says they will investigate thoroughly etc, etc, then it goes on to say if I decide I want it taken to court (ie sue them) and initiate litigation then the case will be closed and I will be informed that this is the case. unortunately I cannot afford justice and paying for it is the only way you are going to get it. I shall await the outcome of this internal investigation with caution and pessimism, they will be like the police, kick one and they all scream. They will find nothing wrong with their procedures, even the posting in public view details of their visit along with the amount they were chasing and my wifes name. I have been on touch with the Information commissioners office and they seem to be leaning towards my argument that our details were in fact "published" for public consumption in a prominently viewable place. Marston group have no morals, they thrive on misery, and terrorise the poorest in society. There is no longer any need for Bailiffs, we have attachment orders dont we ? Keep the bailiffs off the road and you have an environmentally friendly policy to boot.

But do not ignore it, please do this as soon as you possibly can

another source the .gov website states that Bailiffs can force entry for magistrates court fines ?? I was not aware that any courts still dealt with parking fines ? Are you sure its a parking fine ? just doesnt seem right somehow.

Bailiffs can only force entry into a property if you've got unpaid criminal fines. In any other circumstances, the bailiff is breaking the law and you should call the police. However, bailffs can come in through an open door or window, or jump the fence to see if you've left a side door unlocked.

What soes it actually say on that letter ? It stops when he writes " have no option but to ask for a .... ?? did you check when the fine was passed to the bailiff ? so many expired warrants are persued by these thugs. they have only 180 days before they have to return it to court

A variable ip address is still your ip address no matter what. Your ISP will have records of all your ip addresses and times, dates and details of the traffic passing through their servers P2P is getting more and more risky, what has killed it is not just downloading for own pleasure but greedy people and criminal gangs doing DVD`S etc.... we have all seen them on the car boot sales. The can also identify the pc the downloads went to via the download path which your pc will tell your ISP`S server ie ians documents/video usually along with your pc `s name or number. You can get away with it on Mobile broadband by the way.... you dont even have to register with O2 just pick up a prepay card and use that, who would care what name was on it , the only ident O2 would have is the triangulation system that tells them where a mobile device is at any one time (if its on and connected to the network) That is my understanding anyway and I am bound to be corrected.

The last time I calculated my bank charges they were well over 1000 pounds, I wrote to RBS and asked for all my statements which I recieved, I then sent in a letter asking for the money back and heard nothing zip ! This was a few years ago now. I can honestly say that if Cag could get the money off them they could have it with pleasure. By the way I was previously registered on here but lost my old email adddress and password... this is why I added a 1 to my name, is there anyway i can re-gain access to my old account please ?

I would telephone the court and plead with them to recall the distress warrants from the collection people, I managed to do this recently, tell them you have made an offer of payment but the bailiff refused instalments and also point out that as you are in receipt of benefits the court could have money deducted at source to pay your fine/s There is no justification for sending bailiffs in when we have attachment of earnings orders available and indeed deductions from benefits. I explained to my local court that I know they can recall it back to court, and literally begged them for a hearing. failing this ask the court when the warrant was sent to the bailiff, they have to enforce it wothin 180 days or it has to be sent back to the issuing court, In my limited experience, the smaller amount usually get left until the last minute while they chase after the bigger monies sooner. If the warrant is nearing its time limit it may be worth holding out as the bailiff will usually only get their charges from magistrates warrants if they collect. I could be wrong but all the costs disappeared on mine on 29/June 2009

I had a similar experience on 29th of June, Same notice stuck on my front door. I telephoned the court and explained our situation to them , I further explained that I know their hands are not tied and they can request the warrant back from the bailiff. I was put on hold for a couple of minutes and then told to got to court on 2nd July (yesterday) the warrant would be suspended until then, I attended court and with the help of this group I got several fines consolidated and all bailiff action and costs vanished. Tomtubby is your best port of call, she has all the answers I needed

Having discovered that two of the warrants had expired and only the one for £120 fixed penalty was valid I cannot understand why or how they came to Levvy on £1209.00 or were my eyes playing me up ? I really hope this is illegal as I intend to take this as far as possible

If I get a favourable reply to an email I have just sent is there anyone who would be prepared to go on TV to talk about bailiff malpractice and illegal activity ? Tomtubby would be brilliant lol. I`m not holding my breath and will probably not get anywhere but we can only try. If you are reading this Tracy, thankyou fot at least having a look and please look at some of the other threads on this forum. This is our only source of help. Shaun

I have spoken to Lancashire Constabulary , they made no mention if civil law , they are going to take my statement tomorrow night but I am unsure how to make it sound as though its come from someone who knows what they are talking about. Once I have my site up and Running I will plug and plug this site for all I am worth. I have had to deal with the aftermath of reposessions and can see the obvious trauma inflicted, I am starting up in House Clearances under Aardvark House Clearances and I would love to be able to donate items for CAG to put on Ebay or donate a portion of what the goods make a local auction on a regular basis,

Come on Hallowitch, lets trot off up Pendle hill and hex all the baggars, I have read the relevant sections of the fraud act but having it put into relevant context is fantastic, it sort of clears the muddy waters a bit. BIG obstacle, the police ! Priorities , public interest etc, I suspect that because it is in the public interest it will not be in the Governments interest and therefore will not be persued. I am going to have a look at EU law regarding fraud, am I correct in thinking that EU law trumps UK law ? I know nothing... never needed to until 29th of June

One point about the "Grace " period, is this from the date the contract was awarded or from when the trainee was hired ? as this will possibly make a difference when it comes to showing the company was acting as per the terms of the contract and one would assume if they are operating outside the terms of the contract then, the contract itself will become invalid thus invalidating the whole enforcement process ? just a thought .. I will admit it is an ill informed thought but until we start getting told in plain english where we stand we have to assume all things are possible ( except for Boris being Mayor of London of course ..... that would be too silly )

If the bailiff companies dont have the trained and certificated staff to run a contract then surely they have no business bidding for it in the first place ? Are there any remedies under data protection and fraud ? I suspect the fraud will go nowhere as the police and bailiffs seem to pee in the same pot ! (or at least the same shape of pot) and data protection... I just have not a clue though I did call the information commissioners office and told them what had happened , they told me it appears to contravene or be against principle 7 relating to unlawful disclosure however if I can get it proven that posting in such a prominent position in the centre of the village is deemed as publishing for public comsumption then the penalties can be more severe. (Publish as in publishing marraige banns is the posting in one place viewable by the public is it not ? ) Having seen the pics Tomtubby, would you agree that we are in a prominent position , If mankind had decided to walk past my house they all could have read it in theory lol:rolleyes:

Forget the petition it expires on 3rd July, these things are just to difficult to learn about, we need to make a concerted effort to get our voices heard. I`m all for marching around westminster

Petition to: abandon plans to give bailiffs powers to use 'reasonable force' against those protecting their valuables. | Number10.gov.uk please sign the above petition on the Number 10 website, post it on your facebooks , msn, bebo, get the message out there. The last petition on this subject had a paltry 3000 signatures, use your networking to enlist more support

My local Coppull Councillor is a complete ass, Mr. Ball is a serving magistrate and looks down on everyone , always a face in the paper etc, however you have given me an idea. Am just going to contact BBC Radio Lancashire to see if I can get some airtime for this issue, they do stream online too will post back later.

I am looking into wether my MP voted for or against the extended powers of bailiffs and enforcement officers as I type. My MP Lindsay Hoyle seems a thoroughly nice chap and makes all the right noises when you speak to him, but I need to know how he really acts on my behalf... he voted for the war in Iraq and against the inquiry on the war, he appears to have voted for a referendum on the Lisbon or EU treaty (which as we all know is a back door to a European constitution) but these issues dont tell me enough... I have contacted him and asked how he voted on the wider powers of entry, I await his response.

They are not certificated, and that was the issue that would have given me better options, Tomtubby has come across the names before and is working hard on our behalf to take this as far as it will go. Im not too sure about the police complaint as I cannot access legal help unless I pay for it. I see it as I have been a victim of a crime and the police have a duty to investigate it but I have the strangest feeling I will be stonewalled as much as possible.