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Stornoway

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Everything posted by Stornoway

  1. As with many great plans there is a flaw.... Because the govt have bailed NR out, the bank cant offer products which are more competitive than any other banks in the uk (basically it cant increase its market share). This is because of state aid legislation from the EU. Otherwise I think its a great plan - we could have used NR to start lending mortgages to people again.
  2. Have you CCA'd them for a copy of your credit agreements ? It sounds like there might not be one .....
  3. Aequitas I agree that sometimes people can get carried away with believing what they want to believe. IMO the whole problem comes back to the greed of the banks - theyve been "screwing" the consumer big style over the last few years. I moved abroad last year and I cant believe the difference in the way people are charged here for various penalties - €11 for a parking ticket (£35+ in the UK), €45 for a speeding fine (£100 in the UK), €8 for a bank charge (UK £40). In Britain we just seem to be ripped off left right and centre. However I acknwledge that there is a big difference between feeling that you have been ripped off and actually being able to prove that you have been legally disadvantaged (for want of a better phrase !) I have a lot riding on a successful outcome of the test case (£15k in all) and would be genuinely interested to hear your view on what the eventual result will be. Cheers
  4. I'm No Expert In This At All And I'm Sure Someone Else Will Come Along Soon To Help. My One Piece Of Advice Is To Fully Check Out The Benefits You Are Entitled To - The Govt Announced In The Recent Pre Budget Report That Cash Would Be Made Available To The Unemployed To Meet Mortgage Payments So That Together With Your Insurance Policy And Any Redundancy Payment Will Hopefully Help Until You Can Find Something Else.
  5. RBS wrote off my credit card in early 2007 as there was no CCA. Their response said that the debt had been "discharged". HSBC have acknowledged that they have no agreement for my credit card so I stopped paying but I still get occasional letters from DCAs which I ignore. Its well worth the effort.
  6. I was in France recently and visited one of the graveyards for each of the British (Bayeux), Americans (Colleville sur Mer) and German (Husines Sur Mer) - all very moving. At least the Brits and Americans can be very proud and grateful to their war dead - the German cemetery held 12000 in the space of a football pitch and was very very sad.
  7. DMD Do you know the story behind these 3 graves - I tried to find something through google but no luck. Cheers
  8. In a recession many economists believe that economies need to be stimulated by either additional government spending or tax cuts to give consumers more cash to spend (which is then circulated round the economy). By persuading / forcing the banks to repay the charges the government would effectively be applying a windfall tax on the banks which is repaid directly to consumers. There are also some advantages for the banks; 1) many of the charges are actually against accounts in default so by repaying the charges direct to the relevant accounts the banks would potentially be reducing their levels of bad debts (albeit at the expense of profits) 2) Most UK banks have a december financial year end and they are going to have a really bad year in 2008 in terms of profitability. It might be best to get all the bad news out this year (including charges refunds) and start afresh next year.
  9. I'm in a similar position and would be interested to know if anyone has any views on the UTCCR aspect.
  10. Yes perfect for them. Newman only get to keep the account for a certain number of days and if you havenet paid it then gets pushed back to amex who decide what to do next. In my case it then went to allied international for court actiion and i managed to repay it (75% full and final settlement).
  11. I agree this site is great and has helped me recover a small fortune in charges. Re Amex, they are very difficult - the jokers in Leeds are likely Newman and Coy who are very difficult to deal with. If my experience is anything to go by then your CCA will be perfect one thing to watch for though is charges that they have applied for recovery costs - in my case they applied over £1k as a one off recovery charge for being in default which they did agree to refund after a simple letter. Good luck.
  12. Its Always A Good Idea To Let Your Bank Know That You Will Be Travelling Abroad As Sometimes They See Lots Of Items Going Through And Suspect Fraud So They Start Refusing Transactions. "cheque Centre" Are Generally The Best Exchange Rate On The High Street (they Cash Cheques And Provide Loans Etc But Also Do Currency). I Love Eurodisney And Have An Annual Season Ticket But I Was There Last Week And The Queues Were Horrendous. The New Rides In Disney Studios Are Superb - Crush's Coaster And Tower Of Terror.
  13. This is outrageous. I cant believe that the OFT actually appear to condone the position taken by RBS. I wrote to RBS about 18 months back for a copy of the agreement and in their first response they admitted that they couldnt supply a copy and had "discharged" the debt - I didnt even ask them to write it off. I'm in a similar position with HSBC and trying to argue that I'm prepared to pay off the principal but not the interest they have charged over the last 7 years, ie. no agreement = no right to charge interest. They are not accepting and the fight goes on. Interestingly, RBS and HSBC point blank refuse to remove Defaults they have filed against me.
  14. One of the key arguments in the test case seems to be that the charges are fee for a service - ie the service provided is that of the bank "considering" the unauthorised overdraft. However nobody seems to have picked up on the fact that most banks use what is called "refer lists" which is basically a list produced each business day of accounts that are over their limit. The key point here is that most customers are placed on the "return all" refer list which means that items hitting the account which take it over limit are automatically returned unpaid without any intervention or consideration. Some customers are tagged "pay all" and the over limit items are paid by the bank automatically but these customers are well in the minority and typically the bank's best customers. With the volumess of electronic transactions going through the banking system nowadays it is simply impossible for the banks to "consider" all the unauthorised overdraft requests.
  15. I'm now working abroad so had to ask for court date in November to be postponed and now waiting on new date coming through. I've asked the court if this hearing can be by phone conference as it'll be a real hassle if I have to come back to the UK. Citi did write three months back to say that they would be crediting my account with the differenece between the charge applied and the £12 level set by the OFT but surprise surprise - nothing ever was credited - they are completely useless. Slow slow process - now wish I had used ombudsman.
  16. Hi Peter Thanks very much for having a look. I havent actually sent a Subject Access Request to them as I have kept my own copy of the agreement. Cheers
  17. I have a credit card with HSBC where they have failed to deliver agreement in statutory timescales and have now admitted in writing that they cant find the agreement. They are refusing to stop pursuing the debt as they say that there is enough evidence to prove that I incurred the debt through using the card. I am also now receiving letters from DCAs chasing the debt. I have written to my trading standards about the issue but if they dont / cant help then I will seriously consider the private prosecution.
  18. Thanks a lot Dave - at least I have clarity even if the answer is not what I had hoped. A copy of the agreement is in photobucket here pg1eggloan.jpg - Image - Photobucket - Video and Image Hosting and here pg3loan.jpg - Image - Photobucket - Video and Image Hosting I really appreciate your help - the DCA is getting a bit scary !
  19. To recap, I wrote to Egg recently for a copy of my loan agreement (unsecured loan for £15k taken out in January 2002) and whilst they did supply a copy I spotted what I think are a couple of flaws; 1. There is no "total amount payable" and no "total charge for credit" detailed in the agreement. 2. The agreement is signed and dated by Egg before the date of signature (I understand that I have to sign the agreement first) I have pointed these issues out to Egg as they are basically pushing hard for repayment and threatening to send a DCA to visit me at home. I now have a response from Egg to say that regarding point 1. above the requirement to show total amount of credit and total amount payable was only introduced on 31st May 2005 and in relation to point 2. it doesnt matter who signs the agreement first. Can anyone help me by confirming whether I am correct in my stance or whether Egg are correct ?
  20. I wonder if anyone can help me - I wrote to Egg recently for a copy of my loan agreement (unsecured loan for £15k taken out in January 2002) and whilst they did supply a copy I spotted what I think are a couple of flaws; 1. There is no "total amount payable" and no "total charge for credit" detailed in the agreement. 2. The agreement is signed and dated by Eggbefore the date of signature (I understand that I have to sign the agreement first) I have pointed these issues out to Egg as they are basically pushing hard for repayment and threatening to send a DCA to visit me at home. In response Egg say that regarding point 1. above the requirement to show total amount of credit and total amount payable was only introduced on 31st May 2005 and in relation to point 2. it doesnt matter who signs the agreement first. Can anyone help me by confirming whether I am correct in my stance or whether Egg are correct ? A copy of the agreement can be found here http://www.consumeractiongroup.co.uk/forum/general-debt/111686-help-egg-loan-enforceable.html#post1095011 Many thanks.
  21. I also have a stay hearing but recently lost my driving licence for speeding - can anyone advising if I can apply to have the hearing over the phone ? Thanks
  22. You'll have little chance of avoiding a stay with a court claim unless its for credit cards but you do need to watch your dates and may have to lodge a claim to protect your position (you can only claim back 5 or 6 years). Ombudsman are OK but very slow - has taken about 7 months for me and the interest you can claim is lower. If you do have to appear in court which in the current climate is not unlikely then its fairly daunting and you need to put in a lot of research to ensure you know the subject matter. In summary Ombudsman is easiest route but rewards are a litlle lower and it will take a while.
  23. Many stores have a "floor limit" of say £20 below which the computers dont actually check balances on your card and the transactions goes through automatically.
  24. I havent had this problem with them although whenever we use the home phone (its a standard land line through BT) then we seem to get disconnected. Its a simple matter of reconnecting though to get back online (30 secs). I've used plusnet for years and found the service good but its expensive if you go over your monthly download allowance.
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