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Everything posted by avocados

  1. Who can I report this text message to? Received this (word for word with the mistakes in the message at the end) We failed to contact you on residential numbers provided. We have no alternative but to call you on work numbers provided to,call 02080451382 to discuss No way do I want them to contact my work number and I think this message is designed to be intimidating :mad2:
  2. They will probably reject your complaint hoping that you will back down. They did this to me after I complained about similar circumstances (they told me I had to have the Gold account to get a loan!) I complained to the ombudsman a few months back and last week I received a letter from the ombudsman asking if I would like to accept NatWest offer of full refund with 8% interest. I have accepted and it will clear an old defaulted overdraft with them plus a little bit of pocket money for me. I should receive within the next 3 or 4 weeks
  3. Ok update. The name change was accepted by the court unchallenged by the defending company I served the amended papers on them and they ignored again. So I have now been able to request Judgement and I have received an email confirmation that it has been awarded. Where to next? Do I have to give the defendant reasonable time to pay the CCJ or am I able to push to enforce the debt straight away?
  4. Anyway. Mini rant over, sorry but his/her post made me angry. I have decided to go to the Ombudsman first as I can't afford to go to court. Letter has been sent Thankyou
  5. I was not going to bite but from posts here and previous ones you have made you appear to be a bank sympathiser I came on here for advice to attempt to increase my chances of success Sorry but they only had ££££££ in mind with the decision they made They have taken decisions to maximise their profits by charging the most charges possible instead of taking decisions which would have hurt me the least It is obvious from my post that my income and outgoings are so tight. Do you honestly think that I am in a position to save? Not everybody has excess income that we can put in an ISA every month. Maybe that's why you sympathise with banks so much - the more they can generate profits by whatever means necessary then the better your investments perform. Lesson learnt. Unprofitable riff raff like me should not be allowed a bank account and deserve to be shafted by every large billion pound plus institution there is
  6. I have had a reply from co op. "unfortunately I have nothing further to add with regards to the charges applied to your account as my position has not changed. The charges were applied correctly and in line with the terms and conditions of your account, therefore they will not be refunded." They say may next stage of escalation is the FOS. What should I do? FOS or take them to court? I am thinking court as it will be quicker and I don't see how they can defend what they have done if BCOBS are regarded as legislation. With Rule 5.1.2 G In determining the order in which to process payment instructions in relation to the retail banking service a firm must have regard to its obligation to treat banking customers fairly. I dont see how they could possibly defend why they rejected 4 payments instead of 1. It is clearly to increase revenue rather than in my interests. Can someone tell me if court action is going to likely lead to success? Thankyou
  7. That did not copy and paste very well but I hope someone can understand it and give me any suggestions or point out any errors. Thanks
  8. LETTER BEFORE ACTION Dear Sir/Madam Account Number: ##### Your Reference: ##### I am in receipt of your letter dated## February 2014 and I am very disappointed to read that you havedecided to ignore the circumstances that I had set out in my letter. You are in breach of your obligationsto Treat Customers Fairly as required under the Banking Conduct Of Business(BCOBS) regulations 2009 which have been introduced by the FSA under theFinancial Service and Markets Act 2000. Your letter states “As there wereinsufficient funds to cover four items due to be paid on ######, anitem on ##### and an item on ######, £90.00 of chargeswere incurred.” On the ######a number of Standing orders and Direct Debits were due to leave my account. Ihad not been paid as much as I was expecting from my employer so there wereinsufficient funds in the account for all of these items to be paid. The largest standing order due forpayment was for £630. You could have refused to pay this standing order (or oneof the other larger items) and then levy one £15 charge for one unpaid item.Instead you made the choice to reject the four smallest standing orders of £5,£10, £10 and £10 and charge me £15 four times instead of only once. Regulation 5.1.2 G: In determining theorder in which to process payment instructions in relation to the retailbanking service, a firm must have regard to its obligation to treat bankingcustomers fairly. I would point out to you that underBCOBS you have a statutory duty to treat me fairly and have regard to myinterests. It is clear that by deciding to pursue the course of action whichyou did then you acted completely against my interests and completely in yourown interests, in order to maximise your opportunity to apply the maximumcharges against me, in order to maximise your revenue stream. This is an illegal act because it iscontrary to your statutory duty under the Financial Service and Markets Act2000. Your letter also states “I am at aloss to understand why you did not take preventative action such as cancellingstanding orders” I did take preventative action tocancel the items due to be paid on ###and #####. I cancelledboth of these items but because your system is outdated then my cancellationrequest was not processed in time by you. (From my experience all of the otherbanking providers would have processed my request instantly) You then charged me two £15 chargesfor unpaid items which are as a result of you not updating your system withintime whichis a violation of BCOBS. Regulation 5.1.11 R: (1) Where a banking customer denies havingauthorised a payment, it is for the firm to prove that the payment wasauthorised. (2) Where a payment from a banking customer's account was not authorised bythe banking customer, a firm must, within a reasonable period, refund theamount of the unauthorised payment to the banking customer and, whereapplicable, restore the banking customer's account to the state it would havebeen in had the unauthorised payment not taken place. You also state that you are under no obligation to consider my financial difficulties., your claims are inaccurate as theyare a breach of BCOBS. Regulation 5.1.4 G: Principle 6 requires afirm to pay due regard to the interests of its customers and to treat themfairly. In particular, a firm should deal fairly with a banking customer whomit has reason to believe is in financial difficulty. I am also bewildered that you shouldclaim that the Financial Ombudsman Service (FOS) have reviewed complaints ofthis nature and that this supports your position that the charges have beenapplied correctly and in line with the terms and conditions of the account. You clearly have put your own interestsabove my own to maximise your profits, BCOBS require you to treat yourcustomers fairly and to have regard to their interests and therefore the FOSwould not support your wild claims. When referring to the £110 paymentwhich was made in error to the account your letter states that “As there was noerror made by us in receiving the payment, we are in no way obliged to send itback” Again this is non compliance of BCOBS; Regulation 5.1.15 R (2): Where incorrect payment routing informationhas been provided to a firm in respect of a payment: (a) BCOBS 5.1.16R and BCOBS 5.1.17R do not apply in relation to thatpayment; and (b) the firm must make reasonable efforts to recover the funds involved inthe transaction. I trust that you have read andunderstood all of my points within this letter. Therefore you should concurthat you are in breach of the Banking Conduct Of Business regulations 2009 andthat you must execute a full refund of the £90 charges which you have added tothe account. In order to prevent further action thecharges must be refunded within 7 days of this letter, failure to do so mayinvolve me commencing legal action add costs incurred by you. Yours Sincerely Avocados
  9. I have been reading through the rules and drafting a letter and I found this Rule 5.1.2 G In determining the order in which to process payment instructions in relation to the retail banking service a firm must have regard to its obligation to treat banking customers fairly. The largest standing order due forpayment was for £630. They could have refused to pay this standing order (or oneof the other larger items) and then charge me one £15 charge for one unpaid item.Instead they chose to reject the four smallest standing orders of £5,£10, £10 and £10 and charge me £15 four times instead of only once. Doing letter now
  10. Hi I am wondering if I can take on Co-op using BCOBs for some charges they hit me with. I have wrote to them asking for the money back but I did not really quote any legislation, it was more a plea asking for help due to me struggling with finances. Co-op refused as from my experience bank employees are trained to have no compassion and to solely focus on profits. I bet they have not even read my letter properly and have just sent me a standard rejection letter. There are 6x £15 =£90. Here are what the charges are for... In December I was not paid enough to cover all my Standing orders. I have quite a few of varying amounts. Co-op could have refused to pay the highest one and therefore only inflict 1xcharge on me but instead they refused the 4 smallest ones so they could charge me 4 times. I think this is unfair and they are profiteering on my poor financial situation. I also tried to cancel two direct debits later in the month. But because the co-op banking system is archaic (I remember more advanced systems in the 90's!) then the direct debit cancelation was not processed in time by them and so bounced and they charged me twice again. This is £90 total in charges. I was going to just have my wages paid into my other account with another bank and tell them to get lost, but a friend sent me some money to pay for something for her. She sent it to co-op by mistake instead of my other account so £90 got swallowed up. I asked them to send it back to her as it is not my money but of course they were not interested and just blamed me for everything. I know I probably cant use the money not being mine as a reason but I just wanted to give some background on why I need to do this rather than just abandon the account like I had planned to. Reading through info on BCOBS I think I have a good case especially where Co-op decided to reject 4 standing orders instead of one so they can charge more. Opinions/advise welcome please? Thankyou
  11. I did receive a response from them saying that they reject my complaint. But I am sure it was weird saying write back to us if you don't agree with the decision? I received this about a month ago but I have not had chance to get back to it, but I think I should reply with a Letter before action and see what they say to that. I'll post up the exact wording shortly when I find it.
  12. On the N244 form there is two questions which I am not 100% about 3. What order are you asking the court to make and why? ...I know to put I would like to amend the defendants name from: xxxx. To: xxxxx Limited. but why? Would " xxxx is not the full name of the defendant. The full name of the defendant is xxxx limited" be ok And.. 10.What information will you be relying on, in support of your application? the attached witness statement the statement of case the evidence set out in the box below ...Should I tick evidence below? Then Is this ok... I was employed by a xxx called xxxx, xxxx is owned by xxxx limited. The money claimed is owed by xxxx limited
  13. Had a little longer to think on it. I am going for the name change. Can't see it be allowed to be thrown out of court for that. Surely any judge with an ounce of common sense would see that I am just an average member of the public with zero legal knowledge and mistakes like this happen. For £40 I would prefer to guarantee to be able to enforce the CCJ. No reason for not paying me. All that I have had is you will be paid next week, then sorry you will be paid the week after then more lies and delaying tactics. There is zero chance that they have any defence with the amount of evidence I have saved up. No idea on their reputation but I am going to make sure that I totally destroy it if I don't get paid
  14. So I should request judgement now? The stage I am at is claim issued. their time to acknowledge service is up and I can request judgement There time has passed to reply. My only concern was that they did not reply because I had not put limited after the company name so they knew I had messes up?
  15. Not prepared to take risks. I have waited 6 months to get paid so a few extra weeks and for £40 amendment wont matter. So I should change the company name then keep the high street shop address? Yes?
  16. I phoned mcol and they were no help saying they could not give advice only that the ccj will be in the claim name and they can send me forms if I would like to amend it. I asked them to email them me and I now have them but I still dont know if to change the name. Name and address or neither? Its going to cost 40 pound to amend
  17. I wanted to keep as much info private but I will reveal some details. I am a student and the company owes me money for work i did for them in the summer that they did not pay me for. I claimed against the company trading name but they are registered as a limited company with limited after their trading name (i just wrote *companyname* not *companyname ltd* )and they are registered at another address with companies house different from the high street address. Have I messed up? Do I need to change the name to *companyname limited* and do I need the address changing or can I use the high street address that I worked at?
  18. Should I apply for a ccj against the High Street shop address that screwed me over or the Address registered at companies house?
  19. Thanks people. I have tried to be reasonable but all they have done is mess me about so I just want to end this asap Yes they have a high street commercial premises with plenty of assets. I'll enforce judgement straight away through hceo
  20. Ok Thankyou and also Thanks for the speedy response CitizenB!
  21. Hi What is the fastest way to enforce a CCJ? The company I am claiming against time is running out to respond to my claim so I should be able to apply for a CCJ shortly. If they do not acknowledge my claim and I request judgement then what is the fastest and most effective way to proceed and make them pay?
  22. Hello I think I have to take Ambrose Wilson to court to get my late payment charges back. I have been writing to them since the summer but they just ignore everything I send them. They ignored my information request and endless reminders for a list of charges, so I had to file a complain with the ICO. I copied Ambrose Wilson into the email I sent to the ICO and then got a reply from AW within 24 hours with full list of charges!! And a denial that they have been ignoring me saying that they had sent them months ago (lies! They never wanted me to have them until I forced them to by complaining to the ICO) I asked for my charges back using templates from here and they have gone back to ignoring me again. So I gave them 7 days notice of legal action and no response again. So I am having to take them to court . I have a few questions please. * Do I claim against Ambrose wilson or JD Williams and Company Ltd? * Have I got the interest they have charged me correct? I have calculated using 34.1% on the interest spreadsheet. It says 2.84% on my statements which I assume is every 28 days. I can't remember where I got 34.1% annually from. * I need particulars of claim. I have found some on this thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?349051-Very-NDR-catalogue-PENALTY-charges-reclaim-filing-for-court/page3 page 3, post #53 But you are only allowed 1080 characters which I don't think will fit??????? Thankyou in advance for your help
  23. Does anyone know who code red services are? When I tried to make a debit card payment online it would not let me do it and told me to contact them. I just made the payment by bank transfer instead but then I googled code red services and I could not find anything suitable that this company could be relating to this??
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