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c_allen

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Everything posted by c_allen

  1. Hi Elsie, just a quick word of support:) you're doing great, on the bank charges thingy, you can claim back charges beyond six years if you can get hold of the statements, hopefully you've kept them, if not you can sar the bank for them but you have to make it clear you want ALL info they hold, no matter how old the info is. hope this helps, and keep your chin up, you're sounding stronger each time you post:D
  2. Thanx Doc, thats what I needed to know. If anyone else has any opinions or advice I'd been very greatful:D. I'm drafting a letter and will post it up for opinions if you don't mind
  3. Hi Doc and thanx for your reply:D The weightloss was from upto 8 hour of exercise per day as far as I know. He's been e-mailing about getting his money back since jan, because that facilities weren't upto scratch on his first visit, he wanted to cancel but was told he couldn't as he'd lose all his money, so he went to the rescheduled week, since he gain all the weight back so fast he then questioned them and they have been delaying his formal request by offering advice and "internal discussions". But even so there T&C's stink, they are so one sided it's amazing they can get away with it, I mean they cancelled part way through the week and have to refund less than 50%, but for him to get 50% back he has to cancel 4.5 months in advance! My feeling is that this in itself is an unfair term,,,,, Amount payable 6 weeks or less: Total fee is due no refund. Less than 12 weeks: 75% of the full cost will be due to BC Less than 18 weeks: 50% of the full cost will be due to BC I mean thats an enormous % to claim for those timescales, they look like penalties to me? I'm trying to get a letter together for him and would like to know if i'm thinking along the right lines? Theres no way that those figures can be justified as costs, I could sort of understand if it was called a non refundable deposit (although I would still argue with that) but it's not, it says charges, just like bank charges, just because it say so in the T&C's doesn't make them lawful. I guess what I'm asking is,, 1. Do these term fall foul of the UTTC's? 2. Do they count as penalties under common law? Thanx
  4. Hi, i'm struggling with this one. I have a friend who booked a couple of weeks at a "boot camp" to help him to lose weight, he spoke on the phone prior to booking to explain that he was already on a very minimal diet, as recommended by his doctor, and exercised as much as was healthy, so he was concerned that he would put the weight straight back on, they said that they can't guarantee that but if he followed the diet and execise program then he should have no problem. So he booked 2 weeks for consecutive months. When he arrived for the first one, he and several others complained that the facilities where not as promised, it turned out that the company had only just bought the place and it was not up to scratch, very little by way of indoor facilities. Now baring in mind this was Janurary this year this was a major problem, anyway he arrived on Friday and they were only exercising outdoors, then the snow came on the monday so no more exercise was possible outside, after much complaining the "camp" was cancelled on the wednesday, they were offered either a £500.00 refund or another "camp" at a reduced rate, he chose another "camp" but insisted it was at another site. He then was told that he would have to pay £150.00 to "upgrade" to a luxury "camp", not really fair but not the main issue. He attended and lost loads of weight, well pleased, until the next week when he'd put ALL the weight back on, he'd stuck to the diet, to the letter, he also kept to the exercise program( who wouldn't after spending over £2000.00). Obviously concerned about this he e-mailed them and they said he should see a doctor as it was impossible to gain that much weight in 1 week if he had followed instructions. He saw a doctor who said that there was no way that what they had told him could work as it was the same diet and exercise program he was already following before he went to camp. OK the main point of this is he them tried to cancel the next camp he had paid for, only to be told that he wouldn't get a penny back so might as well go on the camp. Here is the T&C's regarding refunds,,,,,,,, 6. Cancellation and refunds Should the Client wish to cancel cancellation charges will be imposed. These are calculated from the date written notification is received by BC at their Head Office and shall be calculated as a percentage of the total price and shall be based on the following. Cancellation Charges Number of days before arrival date that the written notification of cancellation is received:- Amount payable 6 weeks or less: Total fee is due no refund. Less than 12 weeks: 75% of the full cost will be due to BC Less than 18 weeks: 50% of the full cost will be due to BC There is a 30% handling fee of the full activity/course price if we receive notice of cancellation or reschedule/ transfer more than 21 days in advance of the scheduled activity/course date. If you cancel or want to reschedule/ transfer 14 days or less in advance for any reason there are no refunds. There are no exceptions. Participants who don’t show up for activities forfeit the full cost. I do hope this explains your points and obviously your place is open at present if you would like to attend but please verify if this is the case. It would be a pleasure to have you return XXXXXXXXX. If you do feel that you would like to cancel your place still then you may want to look at retrieving your payment through travel insurance as it is a personal medical issue. These look unfair in the extreme to me, in fact i'd say they were penalties. Help please
  5. It seems to me that the word "promise" in a signed letter = contract. I could be wrong but i'd say that a contract is just 1 party "promising" another party to fulfill thier "promises" as long as the other party fulfills it's "promises". I know i'm probably wrong in law but i thought i'd throw my thoughts out anyway;)
  6. well done, and great work Ell-enn, although i was looking foward to reading about the flasher in the coop window:D
  7. well done, and great work Ell-enn, although i was looking foward to reading about the flasher in the coop window:D
  8. HI all, I've just spent several hours reading this thread so well done all and keep up the good work. With regard to charging them for your time asked a couple of pages back, this was included in two letters I posted yesterday to two DCA's who are chasing the same alledged debt, which I know nothing about.......... "If this debt is found to be in error or to be unenforcable in anyway, for whatever reason, then there will be a fee for each letter/e-mail/phonecall answered/recieved, the fee will be a standard £9.00 per letter/e-mail sent by me, and £5.00 per phonecall made/recieved, also I will claim for postage/printing/paper/ink cost and the cost of any phone calls. I will also charge you for my time spent in research at the rate of £10.00 per hour. So please ensure that you are chasing the correct person and that there is an actual debt in the first place before contacting me again. If you reply, using any method, saying that you require payment, or that I contact you in any manner then that will be proof of your acceptance of these fees/charges". I don't know whether it will work but it's worth a go:p
  9. Hi, i can't really advise you, but if you have a read of this thread it will give you a good idea of what these DCA's are really like and what they can in reality do to you, have fun reading it but it may take some time lol http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131409-cheekiness-towards-dca.html
  10. I am also thinking of adding this to the end....... STATEMENT OF HEALTH. (Medical condition desciptions taken from Cambridge Dictionaries Online - Cambridge University Press) I am being treated by my doctor for depression (a mental illness which causes feelings of sadness and loss of hope) and anxiety (a medical condition characterized by continual feelings of fear and worry. Please don't use scare tactics or idol threats, If you say the you are starting legal proceeding then you must start said proceeding, failure to do so WILL result in me starting a county court claim for damages for your deliberate attempts to scare me and cause mental distress/harm. Any thoughts??
  11. Hi all, I've been reading this thread for only 2 days now so i'm nowhere near the end this is the letter I intend to send to scotcall, it gives all the info I have, i just wonder if this qualifies as cheekiness? Dear Mrs Threat Monkey I am writing in response to your "DOORSTEP COLLECTION NOTICE" Letter recieved by myself today, the REF Number on the letter is; xxxxxxxx. Firstly I would like to make it clear to you that I do not acknowledge any Debt to your Company or to United Utilities, I have NEVER RECEIVED any correspondence whatsoever regarding any debt to either You or United Utilities. I will also like to point out that I have tried to contact you via the telephone number provided on your letter, unfortunately it was anwered by a machine, I left a message including a telephone number you could contact me on almost a week ago, you have not rung so I must assume that you do not feel that this matter is as urgent as you claim in your letter. Please also take note that I refuse you permission to send anyone to my door, you know the rules regarding doorstep calls and so do I, so if you do send anyone round they will be told that they are trepassing and asked to leave, if they do not leave I WILL call the police and report you to all relevent regulatory bodies. Also if either United Utilities or yourselves are illegally passing my data to any of the Credit Reference Agenies, then stop, remove any illegally used data from my credit files, please note that this is not a request it is a demand. If there was once a contract between The xxxx Bar and United Utilities which included permission to process said data, then that permission was withdrawn at the end of the contract. That contract ended almost 3 years ago, therefore if either you or United Utilities are processing my data then DON'T. If I find that either of you are still doing so at the end of this month, March 2009, then I will start a county court claim to force it's removal and claim damages under the law of defamation. This is the only warning you will recieve. Could you please provide me at the earliest date possible, and to ensure any payment which may be owed is not unduely delayed, proof of any debt, this to include any Consumer Credit Agreement, which must include ALL presribed terms and proof that I have previously been contacted in reference to this Debt by firstly United Utilities and then by yourselves. Do not proceed with any Enforcement action until you have furnished these proofs as I strongly DISPUTE this Debt. I find it impossible to believe that United Utilities has not mentioned the Debt before, I am still a customer and I pay my bills to United Utilities by Direct Debit every month. I also find it very suspicious that United Utilities has not given you my Name, only the Name of a Business, which stopped trading almost 3 years ago, at which time all outstanding payments were paid to the best of my knowledge. Please note, I am in no way refusing to pay any money I may owe, but only once it has been proved that a debt exist. I would also like to see any Proof you have, to establish your rights to claim this money or to start legal proceeding against me, I have at no time had any contact or dealings with your Company, so you must understand that as I have no knowledge of this debt or your company, then I would be foolish indeed to pay any monies to you until I have established that there is a Debt and You have the right to Claim that Debt. Especially considering the recent Publicity regarding this exact sort of thing being a CON, as highlighted on the BBC's Watchdog programme recently. If i do not recieve a reply within 7 days of the date on this letter then I will assume that you waive any right you may think that you have with regard to this and any future claim against the xxxx Bar, and any/all data registered with any Credit Reference Agency about this disputed/alledged debt has or is in the process of being removed. of course I will be signing it with a big X
  12. I'm glad to hear that you have stopped speaking to them on the phone. the first piece of advice i give to anyone having any problems with people like these, is to write to them saying that you will only deal with them in writing, I always include some reasons why i'm requesting it, like " i have been told one thing on the phone but when you write you tell me another thing". this way you have a perfectly acceptable reason for your request, which will stand you in good stead should harassment ever become an issue. Never try to get an agreement over the phone, never accept what they tell you over the phone, you will NOT have any evidence to use should the need arise. I always ask them to prove to my satisfaction that they are who they claim to be, which of course they can't, always a good laugh. I'm not being critcal, I just think that people should only ever corrispond in writing when you dispute, disagree or question ANY company, especially some of the **** out there;)
  13. no i wanted to know who i should claim of, i certainly wasn't taking united utilities word for it, if i beleived everthing some company told me i wouldn't bee £10,000 better off by getting my bank charges back!! so i checked!!!! If i was new to this site and received a reply like that i would never come back, and never claimed my charges back!! THERE WAS NO NEED FOR A REPLY LIKE THAT, all it can do is damage the the image of this site, and the people on it.
  14. yes clare i'm with him too now I've got the answer, I THOUGHT IT WAS A VALID QUESTION, IE, I DIDN'T KNOW THE ANSWER, SO I ASKED TO FIND OUT THE ANSWER, AFTER ALL THIS IS WHAT THIS SITE IS FOR IS IT NOT???? 3 YEARS AGO I'D OF SAID THAT CLAIMING BANK CHARGES BACK WAS RIDICULOUS. I'VE HELPED LOADS OF PEOPLE ON THIS SITE BUT EVEN WHEN WHAT THEY SAY WAS WAY OF THE MARK, I PUT THEM STRAIGHT WITHOUT PUTTING THEM DOWN!!!!!!!!!!!!!!!!!!!!! ANYWAY IF THATS THE SORT OF ANSWER YOU GET TO A QUESTION THEN THIS SITE NEEDS MODERATING A BIT BETTER, theres never any need to ridicule people who ask for advise. a simple yes or no would have done, no need to take the p*ss
  15. Hi all, i'm hoping for some advise, Saturdays night we had a power cut, when the lights went out i was just putting my wine down and spilt it over the laptop & my OH's phone, i rang them today and they say they're not liable for accidents, as it was a unforseen fault that caused the power cut and was told to claim off my house insurance, surely ALL accident are caused by something unforseen, that is the nature of accidents, which is why you get insurance, in case of something "unforseen". But why should i have to claim of my insurance, pay the excess and the extra cost of next years premiums, when the accident was caused by them, surely they must be insured against accidents. I have asked them to send me a copy of my contract and also anything to do with what you can or can't claim off them for, as i said to them on the phone, "it may be company policy not to pay for accidents caused by them, but who's to say that the company policy is the end of it, surely they MUST be responsible for something". anyway all comments are welcome, thanks
  16. Thanx lexis, I'll take your advise, which seems sound, I do have a habit of going to a bit far in my letters which is why I've asked for other veiws, so thanx for helping:D
  17. I have revised the letter and intend to send it tomorrow. can anyone see anything wrong with it. please!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Dear Sir/Madam I am writing to complain about my treatment by yourselves regarding the above account, I have twice requested, via telephone calls, an amount to be paid by myself, in order to bring my account back below the maximum limit, in order to avoid over limit penalties. Twice now over the past several months you have given me a figure, which I have paid at the time, via debit card, in order to do this, and twice now the figure you have given has not been enough, therefore leaving my account over it's limit yet again, for which I have incurred even more penalties and interest. I strongly believe that this has not only cost me extra money in unlawful penalties and interest, and had an adverse effect on my credit rating and reputation, but is a deliberate act on your behalf in order to keep me incurring these penalties and the extra interest associated with being over my limit. I find it absolutely inconcievable that the people that you have employed, in positions of responsiblity, representing your company, could be so inept as to give me the wrong figure not only once, but twice! Also when I offered to pay a figure exceeding the minimum payment, ie; £60 per month, I was told that that was not possible as I could only pay either the minimum or the full amount. I have since been informed that this is NOT true, this leads me to call into question not only your training of the staff you employ, but also your fitness to hold a consumer credit licence. I would also like to point out the fact that my minimum payments, which you request each month, are never enough to bring my account back into credit, As a company which applies penalties to such accounts, I would expect that any minimum payment would include any excess amount owed. I feel I must question your practice of penalising consumers for going over their limit, by way of monetery penalties, and yet make no attempt to recoup the unauthorised amount, this seems in the very least, bad busines, but could be seen as a deliberate attempt to keep struggling customers in debt and therefore paying more penalties and interest. Surely you have a responsibilty as a holder of a consumer credit licence to help people avoid the vicious circle I've been put in by your company As you know very well, I am having problems paying my debts back, you know this because the C.A.B arranged a repayment plan with yourselves on my behalf, which ended recently. I would have thought that a company like yourselves should be actively helping people like me, who are in debt, and who are not only willing too, but actively trying to pay back debts, and not avoiding them. But it seem that your company are actively keeping me from getting back on track. I am absolutely disgusted at my treatment by your company and will be complaining to the F.S.A about your behaviour, and my treatment, and will also be taking legal advice regarding the unlawful penalties which have been applied throughout the history of the account, and which make up a significant percentage of the debt you claim I owe, therefore the amount you claim I owe is incorrect, as is the amount of interest I am paying, and without the unlawful penalties I would not be over my limit so I should not be incurring over limit penalties. Considering the above, and after taking advise, I am formaly informing you that this account and the amount you claim I owe are now in dispute. If you do not understand what this means, or the implications of this notice, then please seek legal advise as soon as possible. Please do not contect me via telephone, all contact must be in writing. Please also see attached notice under the Data Protection Act 1998 s10 This letter is a complait and should be dealt with accordingly. COME ON PEOPLE LET ME KNOW WHAT YOU THINK PLEASE
  18. sorry if this is in the wrong section but I can't find a sainsbury's bit and I think halifax provide for sainsbury's( could be wrong though:??? Account No;- **** **** **** **** Dear Sir/Madam I am writing to complained about my treatment by yourselves regarding the above account, I have twice requested, via telephone calls, an amount to be paid by myself, in order to bring my account back below the maximum limit, in order to avoid over limit penalties. Twice now over the past several months you have given me a figure, which I have paid at the time, in order to do this, and twice now the figure you have given has not been enough, therefore leaving my account over it's limit yet again, for which I have incurred even more penalties. I strongly believe that this, has not only cost me extra money in unlawful penalties, and had an adverse effect on my credit rating and reputation, but is a deliberate act on your behalf in order to keep me incurring these penalties and the extra interest associated with being over my limit. I find it absolutely inconcievable that the people that you have employed, in a position of responseblity, representing your company could be so inept as to give me the wrong figure not only once, but twice! I would also like to point out the fact that my minimum payments, which you request each month, are never enough to bring my account back into credit, As a company which applies penalties to such accounts, I would expect that any minimum payment would include any excess amount owed. I feel I must question your practice of penalising consumers for going over their limit, by way of monetery penalties, and yet make no attempt to recoup the unauthorised amount, this seems in the very least as bad business and could be seen as a deliberate attempt to keep struggling customers in debt and therefore paying more penalties and interest. Surely you have a responsebilty as a holder of a consumer credit license to help people avoid the vicious circle I've been stuck in by your company As you know very well, I am having problems paying my debts back, you know this because the C.A.B arranged a repayment plan with yourselves on my behalf, which ended recently. I would have thought that a company like yourselves should be actively helping people like me, who are in debt, and who are not only willing too, but actively trying to pay back debts, and not avoiding them. But it seem that your company are actively keeping me from getting back on track. I am absolutely disgusted at my treatment by your company and will be complaining to the F.S.A about your behaviour, and my treatment, and will also be taking legal advice regarding the unlawful penalties which have been applied throughout the history account, and which make up a significant percentage of the debt you claim I owe, therefore the amount you claim I owe is incorrect as is the amount of interest I am paying, and without the unlawful penalties I would not be over my limit so I should not be incurring over limit penalties. Considering the above, and after taking advise, I am formaly informing you that this account and the amount you claim I owe are now in dispute. If you do not understand what this means, or the implications of this notice, then please seek legal advise as soon as possible. Please do not contect me via telephone, all contact must be in writing. Please also see attached notice under the Data Protection Act 1998 s10 Yours ********* i'm also thinking of sending a CCA request, what do you think??????????
  19. monday it gets cut out, then sent for testing, dunno how long that will take to come through though:(
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