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BankFodder

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BankFodder last won the day on April 19

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  1. Okay in that case begin by contacting the ombudsman – try doing it by telephone and ask them what's happening because you've never received any information. I hope you won't mind me saying that it seems to me that you need to get on top of your files and have them organised and your paperwork under control. When you find out something from the ombudsman comeback you
  2. Okay. If you have a letter which clearly states those reasons for denying you your PPI claim then you are on a good start. However I think it's going to take a long time and don't expect Barclays to be very cooperative. You could begin by bringing in immediate legal action but maybe the best thing to do is to begin a new complaint of Barclays and then when they give you their final response letter to take it to the ombudsman. On that basis I think that you should contact Barclays and begin the complaint and confirm in writing. Confirm everything in writing and also read our customer services guide and implement the advice there. Your complaint of Barclays will be that during your original PPI claim they declined the claim on misleading grounds so that their wrongdoing left you with no choice other than to turn to a professional claims management company. This put you in a position where you were obliged to pay fees which if Barclays had dealt with your claim correctly, you would have not been obliged to pay. Therefore it is a result of Barclays unfair treatment of you that you have suffered a 24% loss in the money paid out to you. Use this as the basis of your complaint to Barclays and when you get a final response letter, don't hang around. Make the complaint to the FOS immediately but come to us so that we can have a look at the wording of the complaint you are submitting to the FOS.
  3. You say that they told you in 2017 – do you have this in writing? When you say referred it to the financial ombudsman – was this as a result of a final response letter from the bank? Were you ever issued with a reference number by the ombudsman service?
  4. I suppose that there is a typo which means "not can". If you really want to make a point then if you think that they have got enough information to identify you then you could challenge them in court but that will take time. If you want to make things quick then you could simply send them the information they want. It would help if you tell us which organisation you are dealing with
  5. In principle I have to say that if the bank misleads you for some reason other then there is definitely a chance that you should be able to recover your expenses from if you have to go for independent help. However you need to give us far more detail as to why Barclays said that you couldn't claim.
  6. Thanks for the update. Unfortunately the usual rule is that the case should be heard in the defendant's local court. If you simply expressed a preference that a hearing should be in your own local court then the chances are that they will not agree. We would have suggested a form of words which would have increased your chances of getting it heard in your own local court. I hope you won't mind me saying that I think in future if you have forms to fill in or anything else to prepare that you should let us know in advance to take our advice. If you go it alone then you won't necessarily do the best for yourself. I notice on the Facebook group there are over 20 people now who are members and who are complaining that they haven't been paid. One person has apparently owed over £2500 and yet are not aware that he has actually sent them a letter of claim. If you have any way of encouraging these people to start threatening and then bringing their legal actions, it would be probably helpful to all of them if you would do so by posting up on the Facebook group. Once again, I'm frankly amazed at how so many people who apparently business people and therefore should be worrying about their balance sheets have been prepared to go along with all of these broken promises again and again and again and without taking any action and without getting anywhere. I'm not surprised that future comms is continuing this business practice. They are probably amazed as well how they can get away with it. Anyway, as I said, thanks for the update – but I suggest that you come to us first before taking any further action. It's completely free so there's no downside. Once we've given advice then you can disregard it if you want
  7. Did you explain in your letter of action that it was going to be a foreshortened letter of claim and the reason why? It might simply be an idea to do that so that everyone is clear – in case there is any challenge in court. In terms of seeing at the registered address and enforcement – this is a good point. If you are sure that the place of business is stable and unlikely suddenly to be changed then that would be a good thing to do. On the basis that you win, you should not have this enforce by bailiffs. Because it is clear that the value of the claim is more than £600 you should have the matter transferred up to the High Court and enforced by High Court Enforcement Officers
  8. Well I'll deal with the questions as well I can. Normally speaking you would be required to give 14 days notice. This is a protocol and so it's not completely fixed. I would suggest that you at least give seven days' notice so if you give notice today by email then it would be reasonable in the circumstances to begin an action next Monday. I will explain in the email why you are shortening the normal period of notice and also point out to the fact that he has been uncooperative so far whereas the circumstances are extremely clear and your rights under the consumer rights act are extremely clear. I don't know any way that the case could be expedited – but certainly when you receive the directions questionnaire then you should explain to the judge at that point the urgency of the situation. You will have to put some amount so if I were you I would estimate the maximum amount of likely damages and then claim for a figure "not exceeding £XXX". Of course that will mean that you will be paying a higher claim fee. You could explain in your letter of claim that this is what you will be doing and why you're doing it. You don't need to put a lot of detail at this point. Have a look at that and see if it sums up your case correctly. Sue them at the registered address. Get all information you can from the mechanic including photographs et cetera. Also get your independent report. You were not needed at this point to issue the claim but it will be extremely helpful later on. You will be able to claim for the cost of this as well.
  9. I think you need to give us much more detail about the story here. It's impossible to advise you on the extremely scant facts that you have provided
  10. You will need to unravel the story before you can do anything about it. Send the SAR. Also an SAR had better be sent in your father's name as well
  11. I think you will need to start telling us which company it is, what kind of utility you are talking about. Then you should send the company an SAR. You have probably better understand now that it is extremely difficult to clear this kind of thing from your credit file. However if it is a case of mistaken identity then you may have a chance.
  12. You could certainly send a copy by email – but of course they are entitled to verify your identity. It might be easier and more straightforward simply to send the request in writing, signed with your usual signature which presumably they are familiar with.
  13. Firstly, on the basis of what you say – nothing will happen because no one knows about it. However, it's very nice of you to feel so embarrassed and ashamed – and it means that it really is out of character, as you say. Why don't you simply return the item – maybe with an anonymous note of apology. Learn your lesson and try to understand why you did it and avoid doing it again. I think that understanding why you did is probably a very important step
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