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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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hi everyone i sent off my huddys Data Protection Act just two weeks ago to yorkshire bank i thought we would have to wait ages to recive the statments but today we recived them iv been up since five this mornging with my twins and just as i was considering putting matches in my eyes to stay awake :o the post came iv only looked at 5 months of charges its already at £200 these are better than any caffine intake to wake you up in the morning. Carn't wait to put the kids to bed tonight to start adding them all up. will keep you updated on progress8)

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Early night for the kids coming up! Keep us posted.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Added all the statments up last night and the GRAND total came to £2199 :o so on the site i came to prepare the first letter to yorkshire carnt wait for their reply.

 

but just a quick question what are a schedule of charges looked all over faq but just carnt find what it means i dont want to send off the wrong thing to the bank feel really stupid for asking :confused:

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The schedule of charges is the spreadsheet here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-excel-spreadsheet-work-out.html

 

It's a very good way of keeping a record of your charges. Bear in mind you can't ask for the 8% interest (that it calculates) at this stage as you can't include it before you make you court claim. You can however threaten that if they don't pay up before that stage that it will be included.

 

Hope that helps and good luck :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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There is also a sheet there called charges and interest which Vampiress has done, that you can use to calculate the interest you have paid on your charges. You can claim this interest with your charges and then add the 8% on if or when you have to do a moneyclaim. But as dolly said you can't claim the 8% yet. PM Vamp if you need any help.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I'm really, really trying to stop it but it's on it's way, yet again..... ROBBING ******'S!!!!

 

Good luck Bluedaz :)

Yorkshire Bank £2201.24 - Settled in full

My Abbey £731.34 - Settled in full

Hubby's Abbey £1239.49 - Settled in full

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  • 1 month later...

personally, I claimed 6 years from the date I sent my DPA letter and started the ball rolling. If people just did the 6 years from when the actually received the statements, the rate YB [and especially Clydesdale] are taking, you could have lost out on months of fees!

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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iv just handed in my prem letter into yorkshire to return home to my statement i have gone over drawn by £5.00 so they have charged me £8.00 a day (three days) plus £20.00 overdraft fee when asked why they didnt let me know they said that policy is not to inform customers for four days that they are overdrawn so in the mean time they are claiming £8.00 a day. Im fuming, i didnt notice because my wages had gone in on the fourth day and i just withdrew what i needed and didnt realise they had took another £44.00 from me for going £5.00 overdrawn can i put in another prem lettter for £44.00?

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Add it on when you send your LBA.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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i sent my prelim letter in on tuesday and have just got a letter through today (thursday) with by the looks of it the usally response giving t&c and its up to me to look after my money etc. Am I correct in thinking i just wait for 14 days to past and then send my LBA letter and wait for a response from that.

(has anyone else noticed that yorkshire have put their charges up to £25.00 again)

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if you have already had a rejection letter then you do not need to wait for the deadline (i didnt) you can issue your LBA now, and then the same applies with the MCOL

Spanish Holiday Rental - 10% off BAG and CAG Members

www.rent-in-spain.org.uk

 

 

Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

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Hi All , an update of my progress so far .Issued 2 lba`s (joint account and my own account) Have now received a letter with a cheque for £200(half what i am due on joint account),nothing yet for my own account.Cheque will be returned to my branch along with a letter of refusal and reiteration of deadline before mcol .Will keep you posted as to outcome,Julian and Lisa

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no need to send the cheque back, just dont cash it yet.

This is what I sent:

 

Neil McKirdy

Customer Relations Manager

Customer Relations (Box 14)

Clydesdale Bank Exchange

20 Waterloo Street

Glasgow

G2 6DB

 

 

 

Dear Neil,

 

ACCOUNT NUMBER: ********

 

Thank you for your letter dated 15th August relating to the penalty charges applied to my account. Unfortunately I have already started legal proceedings against Yorkshire Bank through the small claims court. I set a clear deadline of 14 days from my Letter Before Action; I had confirmation from both the branch and Glasgow that my letter had been received. I extended the deadline by a further 7 days to give you the benefit of more time. I eventually started legal action on the 16th August 2006.

I accept your cheque of £500.50 as a partial payment, but I will continue with legal proceedings until I receive a further payment of £751.92, which will be the full amount as requested on my claim form. I will not cash the cheque until the remainder is forthcoming.

I hope you find this notification in writing satisfactory and I feel disappointed that it had to result in this action being taken. I look forward to hearing from you in the very near future.

 

Yours faithfully,

Spanish Holiday Rental - 10% off BAG and CAG Members

www.rent-in-spain.org.uk

 

 

Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

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Guest Zooman

I starting to real dislike this bank.

 

I do not accept the partial offer. My position is very strong and I do not foresee losing the case in court, as such only a payment in full plus fees plus interest will result in me withdrawing the claim.

 

Also be aware that in the allocation questioner notwithstanding allocation to the small claims track I will be requesting the indulgence of the Judge to exercise his discretion and make order for you to file at the court office and serve me with a list setting out how charges have been calculated.

 

I have returned the cheque.

 

I advise you to not waste you time making partial offers and prepare for court or make a offer in full. Also be aware if you leave the offer until AQ have been filed any offer that includes me accepting "No Liability" on your part will be rejected and any offer will have to be truly non-conditional or it will proceed to hearing.

 

To be clear I am only prepared to accept a offer that requires I accept "No Liability" on your part before AQ are sent out.

 

Please confirm your position on the above.

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Thanks for that rascal,here`s what i sent

 

19TH August 2006

 

URGENT ATTENTION NEEDED

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: XXXXXXXX

 

I refer to your letter dated 15th August 2006, your ref XXXXXXXXX

I am writing this final letter to accept your cheque of £200 as partial payment of my claim against charges levied on Account No.XXXXXXXX

My intentions still stand as outlined previously and I intend to submit a moneyclaim through the courts within the next few days. I am disappointed your response has not been satisfactory and feel there is no alternative than to take this matter to court.

If you wish to avoid court proceedings I suggest the matter is resolved before close of business on Wednesday 23rd August.

May I remind you that in addition to the £400 I claim against this account , I will be seeking interest and costs when the matter goes to court. I am also waiting upon a satisfactory outcome on the same basis to my Account No.XXXXXXXX and court action will also be taken for this account at the same time.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Yours faithfully,

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Hi Jools and welcome to the forum. Could you please start your own thread so that we can all follow your progress. You have posted in several other peoples threads which makes it a bit confusing. If you want me to move any of the posts to your own thread just PM me and I will do it for you.:)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 3 weeks later...

iv sent my lba letter off 13 days ago and received a letter from Yorkshire to say give them 4 weeks to look into this ( i dont think so ). So tonight iv sat down to start my money claim but i was just wondering what address should i put down for Yorkshire iv been sending my letters to my local branch should i put down Yorkshire address in Glasgow or carry on with my local branch thanks in advance for any replies :)

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put down your branch address - dont put glasgow otherwise it could be classed as a scottish claim - it will end up there anyway so dont worry

Spanish Holiday Rental - 10% off BAG and CAG Members

www.rent-in-spain.org.uk

 

 

Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

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  • 2 weeks later...

sent my lba letter just over two weeks ago received a letter to say give us four week to look into the complaint. So sat down over weekended to get my moneyclaim ready but i went to the bank yesterday to see that i had £1090 more in my account than what i should have.:confused: I went in to get a statement to find it was put down on my statement as charges adjustments iv had no letter informing me. Has anyone else had this? What should i do now.:?:

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sent my lba letter just over two weeks ago received a letter to say give us four week to look into the complaint. So sat down over weekended to get my moneyclaim ready but i went to the bank yesterday to see that i had £1090 more in my account than what i should have.:confused: I went in to get a statement to find it was put down on my statement as charges adjustments iv had no letter informing me. Has anyone else had this? What should i do now.:?:

This is a new one on me, but I agree that you should continue with your claim, minus the refund.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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