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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
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In defence of bank staff...


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Ok first I should say that I'm expecting a roasting for this but all I ask is that you hear me out. I'm not going to attempt to justify bank charges this is merely a tongue in cheek observation based on my experience of a dealing with people in my current job.

 

The problem is simple, there are lots of silly people out there, but the frequency is staggering. Here is an example, one lady rang the branch to ask how she would go about claiming all her charges back. She had had one of these ambulance chasing type law firms on the phone offering to get them all back. It was all I could do not to shout you're asking the wrong person down the phone. I mean really that's like me calling my insurance company to ask if they think I should sue them.

 

I have had people kicking up a fuss because they can't arrange thier mortgage in ten minutes. Its probably the largest peice of borrowing they are ever going to do and they can't be bothered to look at it and get all the facts?

 

Don't get me wrong I've seen loads of colleagues that make themselves look stupid with thier comments on charges but equally I've come across loads and loads of people that kick up a fuss without having even the slightest idea why they charges should be returned.

 

And yes I know the big bad organisations are to blame BUT perhaps people nowadays are simply not as careful as they formerly were or indeed ought to be? I saw a feature the other day on Watchdog about people taking out a mortgage which means the bank owns a large proportion (I think it was two thirds) of any increase in the value of the customers property. The mortgages were taken out when house prices were much lower and if I had my way the ruling to the banks woul be simple - bugger off you've had more than enough out of this.

 

At the same time though don't the people who took out the deal have some kind of obiligation to think worst case scenario? What it?

 

I despise the door step loan sharks that charge exceedingly high interest but, again, what has happened to people that makes them go ok then? I recall reading an article in the paper exploring the connection between the way maths used to be taught (ie learning about compound interest), if you compare this to the present day it seems undeniable that something is very wrong.

 

Not all of the above is serious, its been quiet round here and I wanted to stir up a little debate. Also people should realize I'm talking morality here not the actual law.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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you may be right to a certain degree,but bank staff sometimes do nothing to help their cause.

 

Think of how long they drag out claims with no intention of going to court,with the express aim of frustrating claimants into giving up.That's merely one area of complaint.

 

there are many more which I don't have time to go into here and now,but they are well enough documented.

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I agree with what you are saying.

I believe that people are getting so used to NOT thinking for themselves and having everything spoon fed they have forgotten how to engage Common Sense.

 

I had similar customers when I worked in retail.

I was in the booze trade and I would regularly have people asking me for supermarket own brands. They'd end up in a huff because we didn't stock it.

Well it didn't say Tesco/Safeway/Sainsbury/ et al above the door !!!

 

The GREAT Nanny State will provide all, so why think for ourselves !!!

 

In this age of information it is truly scary how many "idiots" there are.

If they slip and fall they sue the company, if their delivery is 20 mins late they rant at the driver, if the offer they where interested in finish a week ago they moan at the staff.

I'm sure you see the picture.

 

Now on the whole the members of CAG are a different breed. True there are some of this type here that demand everything is spoon fed to them, bt luckily they are few and far between.

 

I'll just get my coat

Be VERY careful whose advice you listen too

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I think it is fair to say, that you should have pointed the caller to CAG, LOL. If they hire a law firm (aka ambulance chasers) shouldn't the chasers do the chasing?

 

As for bank staff... there are good bank staff, and bad ones; the vast majority seem to be sales people.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Well basically the firm had said have you had any bank charges in the last six years and the lady thought that sounds good I'll ask my bank.

 

"Now on the whole the members of CAG are a different breed. True there are some of this type here that demand everything is spoon fed to them, bt luckily they are few and far between."

 

I totally agree with this, I also do some work for the CAB and I think one of thiers goals is put into practice on here. Yes they seek to give advice but they also seek to support individuals to take action for themselves.

 

I have this theory that everytime somebody comes up with a labour saving device or something that makes things easier people get compensatingly dumber. You only have to look at the calculator. Yes there are still people who are amazing at maths, there's even a world championship I understand, but my point is the average person on the street is not as good at maths as people used to be.

 

I once learned how to settle bets and I was astounded by how much you improve through simple repetition. A guy who was taught to settle BEFORE computerised tills will (almost) never forget how to do it but somebody who learned to calculator settle will have to make time to practice or else forget.

 

Also you would think bank staff would get some kind of training, apart from a fairly simple maths test in the selection process, most of my training was geared towards products and erm selling.

 

We have targets but on the whole our products are good, I'd much rather that than one of the banks that has rubbish products but still expects you to flog them :)

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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"Think of how long they drag out claims with no intention of going to court,with the express aim of frustrating claimants into giving up.That's merely one area of complaint."

 

That kind of decision is taken well above the staff you see everyday but I see what you're saying, I'm well aware of the arrogance and the attitude that charges are the customers 'fault'. They broke the rules, ummm but we broke the law...

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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indebtstudent,

 

Firstly, you should be more compassionate and realise that not all people may have the intelligence level to match your own, which is why the CAG is a great place to get help and support from fellow members.

 

You state that you work in the banking industry, if your smart you might want to look for alternative employment because when the banks lose their case, the knock on effect will be huge staff cuts in order that the shareholders targets are met! I don't particularly want to see you or anyone lose their jobs over this issue however its only a shame that after the test case is concluded that staff made redundent and feeling bitter will they then tell the truth!

 

What really cheeses me off though is that an ex of mine(finished relationship 11 years ago) is one of those people who in the capacity of a consultant (and now very rich)was involved in the programming of banks systems and working out all costings. Shame we no longer speak...:(

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"Firstly, you should be more compassionate and realise that not all people may have the intelligence level to match your own, which is why the CAG is a great place to get help and support from fellow members."

 

I can accept that, hell its a prerequiste for working for the CAB, literally anyone could walk through the door asking for advice. What I was getting at is a simple lack of interest I've noticed some people display.

 

I am considering alternative employment but I am very much at the fact finding stage. However I don't beleive there will be siginificant staff cuts, it is going to be VERY interesting though.

 

Banks and the like don't have the option they had with credit card of tweaking the terms here and there. I think that, on thw whole, people accept a slow counter service because they don't pay up front for it. If people are forced to pay say £10 a month then they'll go more often (understandable) into dissatisfied consumer mode.

 

The banks really have made a rod for their own back on this one.

 

BTW I work for Nationwide, we have no shareholders, which makes our policy more bizarre.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Why are nationwide charging £10 for counter services? I thought they were a building society?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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wouldn't know, i don't bank with nationwide :D

 

I find it shocking enough that a building society would charge a 27%+ unauthorised overdraft fee.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Nor do I but I did not need to bank with them to read the text of the post :D

 

:D:confused::mad:

 

Do you really want negative reputation points? I've got a friend that can oblige, you know:p

 

cheek of the lad... disrespecting my slightly august status...

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Well they do offer a low agreed overdraft interest rate :p

 

I don't even know that Nationwide has a plan in relation to charges, their actions so far remind me of an animal caught in the headlights...

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Well they do offer a low agreed overdraft interest rate :p

 

I don't even know that Nationwide has a plan in relation to charges, their actions so far remind me of an animal caught in the headlights...

 

Yes they do..... But only available to customers who have never been overdrawn with them, with triple aaa credit history. Not much of a credit risk eh.

 

Ive banked with them for the past 5 years, never been in the red, and they wont even give me a debit card, Ok i have 1 default for £60, however somone I work with has been bankrupt in last 2 years and have a debit card????

 

Go and figure!!!!!

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Who your colleagues debit card with? Its unclear from you post if it is with Nationwide.

 

Have you had a look on here to see about getting the default removed?

 

I would agree that Nationwide's policy is very much (extreme) safety first. This has pros and cons.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Ive banked with them for the past 5 years, never been in the red, and they wont even give me a debit card, Ok i have 1 default for £60, however somone I work with has been bankrupt in last 2 years and have a debit card????

 

Go and figure!!!!!

 

I find this bizarre, cos I got an account with them with debit card and overdraft facility (at 7.??%), and had 3 defaults registered against me at the CRAs when I applied...weird 8)

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Um, have you satisified the £60 default? If it was 3 years ago (or more) shouldn't prevent you getting a overdraft. You might have to go to another bank, though.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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"You might have to go to another bank, though."

 

Good point most orgs look at how you have managed your accounts with the,. For Nationwide this appears to mean even one tiny mistake or oversight means you're screwed. Well its not quite that bad but sometimes I do struggle to explain why so many people get stuck like this...

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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someone recently suggested I go into my branch and kick up a fuss .

 

I calmly reminded him that the branch staff cannot reverse charges, and what use would it be to shout at some staff members who are only doing what they are told.

 

Some people go in have a go at the person behind the counter about charges and other stuff.

If they were making the rules or could change them, they really wouldn't be sitting behind a counter with a silly looking name badge on would they?

 

I have to admit I went over my limit it is my fault. but this pushed me further over and led to more charges, its not the charge it is the the amount if it was five pounds a time i'd say fair enough but £35 is a weeks groceries.:(

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Your opinion that there is no point kicking up a fuss is correct. That said there are certain situations in which staff can cancel a charge, they are quite limited but there are first time only refunds.

 

Another reason why going in is futile is that there are still a disturbing number of people out there who don't even understand the basics of the arguments against the charges.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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someone recently suggested I go into my branch and kick up a fuss .

 

I calmly reminded him that the branch staff cannot reverse charges, and what use would it be to shout at some staff members who are only doing what they are told.

 

Some people go in have a go at the person behind the counter about charges and other stuff.

If they were making the rules or could change them, they really wouldn't be sitting behind a counter with a silly looking name badge on would they?

 

I have to admit I went over my limit it is my fault. but this pushed me further over and led to more charges, its not the charge it is the the amount if it was five pounds a time i'd say fair enough but £35 is a weeks groceries.:(

 

Bank Staff of sufficient rank CAN reverse bank penalty charges

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"Bank Staff of sufficient rank CAN reverse bank penalty charges"

BUT choose not to as its all part of their targets;)

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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My main point was that there would be nothing gained from me going in and having a go at them as they have an answer prepared for nearly everything you can say to them and getting angry (which I would do, especially when they just repeat, 'you have broken your contract there is nothing we can do'), and shouting at the person behind the counter would be pointless as it is those higher up that make the policies, the staff just follow them because if they didn't they'd be in trouble. I don't think it's very fair to yell at someone for just doing their job.

 

I always think of when i worked behind a bar and if the prices went up the customer would have a go at me, and i would say 'If i was deciding the prices do you think i'd be serving drinks? I'd be in a big office with my name on the door in fancy letters'

 

The people we should be yelling at hide in the background and let the little people take the flack for their decisions.

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