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FullyBANKcharged

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About FullyBANKcharged

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  1. Could you scan and post the letter on here?
  2. Hi guys, apologies if this is in the wrong section.. On January the 4th this year, Mrs FBC, went into a branch of Bradford and Bingley (Now Santander) for an 'ISA review' As her ISA was only gaining 0.01% interest, she was persuaded to move to a Santander ISA offering 5%. She signed the application form and was told that £880 from her old ISA would be moved across to the new ISA automatically. She then received an ISA statement in March showing there was nothing in the new ISA. She went into branch again and had to re-apply for the ISA, and move the money across again. As of June, it's still in the old ISA. People in branch just keep saying they'll ''Look into it'' My point is, that she's missed out on 6months interest. Does anyone know of anything we can do to get it sorted? I'm looking through the banking code to see if theres anything in there. Any help is greatly appreciated.
  3. Is it this? — Dear Sir, Re: (Claimant's name) v (Your name) Case No: CPR 31.14 Request On (date) I received the Claim Form in this case issued by you out of the (Name) County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. [Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered] Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: 1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 The assignment* 3 The default notice* 4 The termination notice* 5 [any other documents mentioned in the Particulars of Claim]* * delete if not mentioned in the Particulars of claim. [Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]# # delete if claim for a sum exceeding £5,000.00 You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. Yours faithfully
  4. Thanks very much for the quick reply bazooka boo. I'd be very interested in doing the CPR route. Am I still able to do it even though I havent had court papers yet?
  5. Hi all. I've had a letter from Bryan Carter saying I have 10 days to pay my RBS balance, or I'll be taken to court. I've received statements etc, and the charges come to almost twice what theyre saing I owe. Unfortunately I didnt get a chance to put my claim in before the OFT dropped everything. Any ideas what to do next? Thankyou
  6. Govan Law letter: Govan Law Centre: Unfair bank charges: free help to amend existing complaint letters [*Example letter to bank with amended grounds of complaint for consumers with outstanding complaint(s) with their bank] [iNSERT YOUR NAME] [YOUR ADDRESS] [DATE] [iNSERT BANK’S NAME] [bANK’S HEAD OFFICE ADDRESS] Dear Sirs Unfair overdraft charges – request for refund for [iNSERT YOUR NAME, SORT CODE, and ACCOUNT NUMBER] I write further to my outstanding complaint concerning unfair bank charges applied to my current account which had been placed on hold pending the Supreme Court test case of OFT v. Abbey National plc and others [2009] UKSC 6. Although the OFT lost this case under regulation 6 of the Unfair Terms In Consumer Contract Regulations 1999 (UTCCR), the Supreme Court stated that this did “not resolve the myriad cases that are currently stayed in which customers have challenged Relevant Charges” (para 61 of the court’s judgment). In particular, the Supreme Court made it clear that “it remained open to question whether bank charges were fair” in relation to regulation 5(1) of the UTCCR (para 80 of the Supreme Court’s judgment). Accordingly, in consideration of my request for a refund, and in light of the Supreme Court’s judgment, please ensure that you have regard to the following amended grounds of complaint: (1) I seek a refund of overdraft charges (with interest thereon) applied to my current account because these charges were unfair in terms of regulation 5(1) of the UTCCR as – (a) your charges were set by reference to the overall costs of providing current account services to all of your customers rather than the costs incurred by my individual conduct which occasioned bank charges; (b) at no time have you ever informed or adequately explained to me, that I would be paying bank charges in order to cross-subsidise the costs of providing the vast bulk of your customers with ‘free if in credit banking’; © your charging structure was designed or created the potential for rolling or multiple charges, with charges and interest being applied and/or occasioned by ‘charges on charges’; (d) the way that charges were imposed and accumulated in terms of your charging structure was unclear, unpredictable and complex; and (e) the main providers of current accounts in the UK operated a similar charging structure to you, and in so doing restricted market competition, resulting in my inability to obtain an alternative current account with a fair charging structure; (2) Separately, I also seek a refund of overdraft charges (with interest thereon) applied to my account because these charges were unfair within the meaning of section 140A(1) of the Consumer Credit Act 1974 for the reasons as set out in paragraph (1)(a) to (e) above, and in relation to the following additional reason: your charges were excessive in relation to the level and/or cost of the borrowing which triggered these charges. Please note this is not a template letter as my letter contains specific factual information which relates solely to my personal circumstances. I would ask you to have regard to the following examples of detriment which I have suffered as a result of your unfair and punitive charges: [iNSERT in your own words bullet point examples of how bank charges have affected you personally – for example you may wish to discuss how charges resulted in personal hardship; not having enough money to pay bills or buy household essentials; or resulted in you being unable to pay other direct debits; or how they placed you into a cycle of debt resulting in difficulty with paying your rent or mortgage, for example. Essentially, explain how the charges impacted on your life and that of any dependents or partners, for example]. Please refund these charges to my account within the next 7 days. I reserve the right to commence court proceedings without any further notice, and to seek an additional award for distress and inconvenience, together with legal expenses. Yours faithfully (signed) [* DISCLAIMER This letter is provided for illustrative and information purposes only. In using any part of this letter the user agrees that he or she shall obtain their own independent legal advice, and accepts that they shall not treat or use this letter as legal advice. The user accepts that any use of any part of this document is done at their own risk and subject to the terms of this disclaimer. © Dailly & Co., Solicitors at Govan Law Centre, Glasgow, 2010]. Mods, feel free to remove this if it breaks any rules -. fullyBANKcharged.
  7. Hey guys, had three letters in the post today from fredrickson INT demanding full and final payment in the next 10 days of my RBS acc. This acc. was on hold pending the Supreme Court decision however I have now recieved a letter from RBS telling me how they were right to charge £45 for bouncing a £3 DD. 8-) Am I ok to send RBS the Govan Law letter? Any advice appreciated, I have done a search but I couldnt find anthing that seemed to answer my question.
  8. Will try and resize. Assuming this is enforcable. What is my next step?
  9. Ok, heres my CapOne CCA, not found a Termination or default notice yet, but I will keep digging. Any comments appreciated. Thats the best resolution I can seem to get on my scanner.
  10. Personally, I would get Orange to put this in writing, and (keeping a copy for yourself.) send it to the DCA. Or, ignore the DCA as they may be phishing. However I'm sure someone more experienced than me will be along to comment and give you more/better advice. Good luck whatever happens!
  11. I've had a default notice which I will scan and post here. I'm not aware of a termination notice, but I will look through my papers tonight.
  12. Atwork at the moment, so will post later today. Cca is from Sept 07' so I assume it's valid. All I received was a copy of the CCA in the latest letter. There were some Defaults in the original SAR stuff I believe. But I mainly received a few unintelligble screengrabs in the SAR.
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