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Everything posted by steve5080

  1. I am about to send the following to Creation, anything to add?? Ms J Mucklow Legal Department Creation Financial Services Limited Equipiont Coventry Road Yardley Birmingham B25 8FE Administration of Justice Act 1970 (sec 40) Protection from Harassment Act 1997 Communications Act 2003 (sec 127) Dear Ms Mucklow, ACCOUNT NUMBER: xxxx-xxxx-xxxx-xxxx Further to my LBA letter of 27 December 2006 (received by you 4 January 2007), I regret I must write to you again on this subject. Despite my letter (copy enclosed) stating that “I must insist that all further correspondence from your company to be made in writing only.” I have just received another telephone call from your company at 8:35pm. This is in breach of the Administration of Justice Act 1970 (sec 40), Protection from Harassment Act 1997 and the Communications Act 2003 (sec 127). Please be advised that I intend to apply to courts for an order under the Harassment Act 1997, in addition to registering another complaint with the OFT and Trading Standards, and also with OFCOM. While writing, I would also remind you that unless I have the satisfactory response from you to my request for repayment of unlawful charges, PPI and interest on toughs charges, by 19 January 2007 (14 days from your receipt of my LBA) I will be commencing a claim in the courts.
  2. I have sent an LBA to Creation Finance on 28 Dec after receiving 4 calls from them in one day, I also added that they must stop contacting us by phone, stating Administration of Justice Act 1970 (sec40), Protection from Harassment Act 1997 and the Communications Act 2003 (sec127). They received the letter on 4 January 2007, yet this evening at 8:35 they phoned again. What do I have to do to get through to them???
  3. Below is the ammended last paragraph, if they are sick of hearing it, prehapes they'll pass their feeling up those who think it's good to advertise for new customers while they p*ss off the ones they have, or maybe I'm being nieve in thinking they give a damn I regret that our relationship has come to this, but I feel strongly that your behaviour, terms and penalties are unreasonable. To quote your own advertising slogan “there is another way”. I realise that this may sound cliché and I know you will sick and tired of hearing it; but nonetheless it is true, and it time your organisation realised it.
  4. I will be modifying the draft letter I wrote earlier in post #66 which is based on the prelim.
  5. I believe she made it clear that she was not happy with £19. We will write to Borehamwood for a full refund. Sorry I didn't get the ref. to letter 1. In the templates 1 is the S.A.R - (Subject Access Request). I do not understand why Nat West seem so hell bent on loosing customers, particularly one who will soon be a university graduite, who potentially will be earning good money, and looking to buy property etc.
  6. My daughter was told by the branch to phone the lending dept. She did, and appologised for being late with the transfer and asked if they would waive yhe fee on this occation, the woman said that she would only refund half the £38 penalty. She quoted terms and conditions etc.My daughter then told her that she could expect a letter. No more miss nice girl..
  7. The idear is that she is going into the branch to talk to them again,
  8. Below is the letter I have writen for my daughter to take into the branch tomorrow, It may seem harsh, but then so is a £38 penalty:- On Saturday 30 December 2006 I transferred funds on-line, from my E-saver account to the above account, to meet a standing order which was due on 2 January 2007. I understand now that because the funds were not in the account by 3:30pm on the 29 December 2006, the standing order was declined and I have been charged a penalty of £38.00. I have held a bank account with you since the age of 13, I am a third year university student and this is the first time I have incurred a penalty charge. I have asked, in the branch, for this money to be refunded as a gesture of goodwill, but they have refused to do so. I feel, therefore, that I must review my future with Nat West. My request I am writing to ask you to refund to me the charge. ................................................................................ If it is your defence that this is a service charge, then I require that you send me a break down of costs and details of the benefit to me of this service, since it is a fundamental requirement in law that a “service” must benefit both parties. Your responsibilities ................................................................................. What I require That you repay the £38.00 that you have taken from my account. .................................... I regret that our relationship has come to this, but I feel strongly that your behaviour, terms and penalties are unreasonable. To quote your own advertising slogan “there is another way”. Yours faithfully,
  9. Have you ordered on-line? If so you may have accepted their terms & conditions on-line, and I beleive they can use that as an electronic signiture
  10. Hang on in there. My wife had a Littlewoods account passed to Moorcroft but when she told them she was not paying because she had retund an item back in Feb which they had not credited, they backed off a returned it to Littlewoods. I am about to go for Littlewoods as they have acknowlegde in their "statement of events" (send in responce to SAR) the debit is in dipute, not that that stoped then defulting the account. Keep the faith, and good luck, there are lots of people here who will help you all the way.
  11. Thanks NWSM, I appreciate that this site is not here to suggest how the banks should run their business, but to help us get our money back. It's just a pity the banks don't seem to realise that it is our money and their charges are putting a lot of people in real hardship. In my case I had no idea how my wife was getting through so much money every month. It very nearly led to the breakdown of our 30 year marrage. She would not talk to about her finance's because she felt stupid and ashamed at having got it in such a mess. While she had clearly made some mistakes, the bank simply made things worse. People used to trust in, and rely on, the banks to advice them with their finances.As I said, this is proberbly not the right place for such a discusion
  12. Yes, I do understand that the branch may well close at 3:30 but unlike the old days surely ones accounts no longer exist only on a card within ones own branch. As you said yourself, these are automated proccess and the computers & call centres work around the clock. There is no reason that any debit or credit could not be applied instantly if the banks had the will to do so. The fact that they insist on the "branch opennig hours" thing is because it suits their pocket to do so.
  13. Yes Joneshousehold, I was awear of that and that was my point. They have chosen to take advantage of advances in working practices and computerisation where it suits them, but continued old practices where it suits their pockets to do so.
  14. A thought here, If they charge once for a 3 weeks OD within a statement period but twice for a 2 day period across a statement date, how can this repressent a service, if it were then they have charged twice for the same sevice. A bit like charging £28 pounds for parking for 3 weeks in one month but then charging £56 for two days the next time because one day was the 30 Nov and the next was 1 Dec
  15. I would say that don't seem fair, but I've been here long enough to know that "fairness" and "bank" do not belong in the sentance
  16. I'm I right in thinking that she could have been in OD for 3 weeks within 1 statement period with just one charge, but go 2 days across a statement date and you get charged twice
  17. Why do they sometimes allow a payment taking an account into OD and refuse at other times? The event that took here in OD was a switch transaction in the supermarket yet in the past she has been refused in the same supermarket
  18. While here: my wife has just had her statement. She was 90p OD at the end of Nov statement date, and was adviced they would take £28.00 fee. She went back into credit on the 8 Dec after receiving the statement and has remained in credit, however in thismornigs statement they advice they are taking another £28.00 for the same offence. Is this right
  19. Thanks for the info, I'll pass that on to her.
  20. cont. from#45 she was told at the branch that she needs to speak to the leanding deptment, (seems to be a odd term as she has not boroughed any money and is not looking to do so,
  21. Hi NWSM, I don't know you saw my post #42 before you posted #44. I just wondered whether that might be one expenation. Just to be clear to all here, I have taken no afence at your posts and an greatfull for your time here, I'm sure we all get frustrated, and thats why we are here, driven to by the banks. I'm glad I don't have to work in them. My daughter has not yet had the oppertunity to phone the bank as she is working all the hours she can before going back to uni next week, but she did get a letter from them yesterday telling her how naughty she had been and that they were charging her £38.00 and next time they wont write, they'll just charge
  22. I don't know whether I am right here, but when I was at school many years before computers, we were taught that the banks would do debits from account in the morning and then credits in the afternoon.(This is the reason for my earlier slowness to grasp NWSM expenation, sorry NWSM) This would mean that if the funds were not in the account by closing time the day before they would not be there for the debit the next day. Prehapes, because debits and credits are now done in real time, the banks have adopted pricipal that the funds must be there the working day before hand.
  23. Thanks for your patients here guys. It does seem to be a historic parctice in that, while in the days before automation things had to done manually and therefore in working hours. In these days of automation the banks have chosen to use automation where it suits them to do so, and to stick to out-of-date rules where that suits. They have insisted they staff adopt modern working practices while holding on to Monday to Friday, 9:00-3:30 for themselves
  24. Cheers NWSM. It seems like a great system (for a bank looking to make any oppertunity to make charges.)
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