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    • Out of time statutory declaration is just stating reasons for wanting the clock to be wound back to when Transport for London first sent out letter demanding the PCN be paid.   Reason: vehicle Registration xxxxxxxxxx was a company vehicle registered to xxxxx ltd company and the vehicle was used by x number of employees of this company. The company was dissolved on xx date and the vehicle was sold on xx date. My name xxxxxxxx was noted as a contact name on the V5 registration document, but I have never received any correspondence from Transport for London and I was not aware of any PCN being issued at the time of any contravention. The first time I was made aware of the PCN was on xxxxx date, when an Enforcement Officer from Marstons visited my private address.   Not an expert in this and hopefully Bailiff Advice or others will be around at some point to confirm whether this would be correct or not.    
    • I recently upgraded my 3 Contract to a new phone which developed a problem. I contacted 3 and was initially told to speak to the manufacturer. They advised that as I was in the 30 day period of Consumer Rights Act 2015 to request a replacement that I go to the store to arrange this as it would offer a faster resolution. I agreed with this course of action and went to the store on day 29. Leaving it late admittedly due to health issues.   When I arrived at the store the Assistant Manager then gave just about every excuse under the sun about being able to help but because the policy was 28 days not 30 they could not help me. I countered this with CRA 2015 being 30 days and they refused to accept this so I asked for the policy in writing. We both looked on the 3 store website but embarrassingly enough for them it didn't state anything about faulty goods. The actual wording in the contract that I signed says "Refer to three.co.uk/returns" for the Full Policy which doesn't explain anything about replacement faulty goods. I know why... Because it's the legal requirement of 30 days... Store Manager being adamant the period for returns was 28 days refused to back down so I asked him to look up CRA 2015 which they declined saying "It's not my job to know the law" ... Of course if you're selling goods and services and are a manager you should be versed in CRA 2015.   Realising they weren't getting me to fold my argument they requested a colleague get a copy of the policy from the back room. When they returned it was very clear the document they were about to show me was the signed contract of another customer. Consequently I called this out and said "Don't show me that, that's someone else's personal data" which they seemed to take offence at and said I was just trying to give them a hard time. They went on to justify saying that what they were trying to show me had no personal data despite initials and a signature being clearly visible. I again instructed they take the document away from me. The wording was so small that the only way for me to read it would be to have actually taken the document to look at it. The ultimate irony is that policy in this other customers document would be irrelevant because that's not the document I signed.   Realising I was getting palmed off and probably being labeled as toxic I decided to leave, but not before writing his name down and sending off a blunt tweet to 3...   Needless to say I'm not too impressed, £16.55 out of pocket for a train ticket, probably going to need to return to the store again and having to put up with a broken phone either for 2 weeks (If manufacturer deal with this) or having to fight an outside 30 day period.   Tweet Sent... But not sure how I should approach that GDPR issue... So desperate to prove a point the manager didn't have he throws all regards to another customers data out the window?   When does my bad luck ever end...
    • did you send the irl complaint to zopla? dx
    • ok I will fill in the out of time statutory declaration.  My understanding is that the clock gets reset to when the PCN was originally issued?  If so then what do I do then as the company lo longer exists, I don't know who was driving the van on the day of the PCN so not much help 
    • That is a definite possibility, that OOT is a good idea, if accepted it will reset the debt to the original sum to pay or dispute and remove the bailiff fees.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
tasty_tang0

bank charges

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Hi,

I am in turmoil with a large amount of issues, one being my mortgage has just gone into arrears for the first time.

I lost my job due to health problems in 2006 but we have managed until December 07.

I visited RBS before anything happended on our account and was advised they would help with my situation, i.e. refund my referral charge as the person knew this only made our situation worse.

I have just received my Decmeber statement and there are two charges one of the £30 referral charge not refunded and interest of £25.13 basically £55.13. Also, within the statement is another notification that a maintenance charge of £28 for november-december along with interest of £27.77 a total of £57.77.

This basically more or less equivelant of two weeks payment I get for incapacity.

 

Can I get the charges back I have already incurred, stop the ones that are about to be applied in January, have my account frozen from anymore interest being applied and claim my interest back?

I just can't get my head round the fact that all my other financial lenders have frozen my accounts and have agreed a reduced payment for six months, but my own bank are pushing me further into trouble financially and are fully aware of my predicament, I cannot afford to feed my family, not a nice scenario to be in.

Tan

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Yes you can get your charges.

 

You need to read the step by step guide, so you can see what to do.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Here is a link to the letters you need.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

If you have had another charges in the last 6 years, you can also claim those. If so then you send the SAR letter (in the link i gave you) to get all your statements back.

 

As you are on benefits you cann send a letter to your bank stating they cant take your benefit money.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right- appropriation-stop-bank.html

 

As with all the letters, fill in your own details.


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Thank you very much sea-sidelady,

 

I am curious in terms of the interest I have paid to date, given the fact that the incapacity I get is in effect for my living purposes, does this mean any interest I have paid whilst I have been on this benefit is recoverable or is it lost.

 

I have been overdrawn for a long period of time and therefore been using the banks money to survive on effectively, as I have constantly been robbing peter to pay paul does this make a difference?

 

Tan :confused:

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Can anyone help with my question?

 

I put a letter of Apportion into the bank last week basicaly stating that I wanted my first right to take my incapacity benefit out, as the bank has advised me that they were going to take two charges amounting to almost £60 on 7/1/08.

 

Irrespective of giving the bank this letter RBS have taken the charges and left me with half of my benefit, is there anything I can do about this?

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I recieved your pm today.

 

In the link i gave you regarding Right of Appropriation, there is some advice in there regarding the actions you should take if they still take your benefits.

 

You should now write to the banking Ombudsman, and they will deal with it for you.

Financial Ombudsman Service


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Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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I recieved your pm today.

 

In the link i gave you regarding Right of Appropriation, there is some advice in there regarding the actions you should take if they still take your benefits.

 

You should now write to the banking Ombudsman, and they will deal with it for you.

Financial Ombudsman Service

 

 

Thank you, I have reported bank to the Financial Ombudsman with the following email:

 

I am informing you of the action my bank RBS (Rochdale) have taken against me irrespective of the fact I advised them of my situation.

 

In December 07 myself and partner visited my bank and informed them of our difficult financial situation, I informed them I had lost me job and were struggling to meet December's payments on all the financial commitments. We advised a lady named ****** we needed support to help us through this strained time and advised her of a £30 charge I have received which we couldn't afford to give as our income has dropped significantly. ****** assured us she would have someone call me as she understood my main concern was I didn't want to encounter anymore charges as our monetary resources were depleted....

Even though I took the time to communicate to my bank my financial situation was poor and was assured someone would call from the lending department to sort this request out, this contact didn't occur, instead I have now accumulated 4 sets of bank charges. What disgusts me the most is: A) I tried to avoid any charges to start with, B) I was advised of the charges being taken on 7/1/08, hand delivered a letter to the bank 2/1/08 advising them of my first right of apportion to my incapacity benefit so I could use it to survive but they still took half of my benefit, as they did in December 07 and C) my family's quality has been comprimised due to RBS taking over £100 in charges from me within the space of 2 month.

 

RBS have not only impeded my quality of life in terms of not being able to provide food for my children, but the bank have taken away my legal right and ignored my request to use the incapacity benefit I receive, to meet my other financial responsibilities, hence my reason for this complaint.

 

Is this a breech of my human rights as the bank have rendered my family destitute and my family's quality of life has suffered due to RBS's ignorance.

 

Please could you investigate my complaint and have the bank refund the charges they have placed upon me as a matter of urgency, as my family are in sever financial difficulty and RBS have made my situation worse immensely by causing us an increased level of stress over and above what my family are experiencing.

 

Will inform you of outcome!

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Hopefully you will hear back from them soon.


HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hopefully you will hear back from them soon.

 

I am placing my reclaim letter with the bank under the financial difficulties criteria, as follows:

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 2 months.

 

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law and contrary to consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your charges really do reflect your costs.

 

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

 

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £58 in charges and £52.90 which you have charged me in overdraft interest for the sum which you have taken. Total £110.90 .

I enclose a schedule of the charges which I am claiming with this letter.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you dispute that I am entitled to a refund of these charges, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

In considering this request for repayment, your attention is drawn to the Press Release issued by the FSA on 27th July, which states:

 

"Consumers who are in very difficult financial circumstances - 'hardship cases'

 

Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS."

 

I believe that my personal circumstances fall within this category because I advised ****** I had lost my job prior to the charges being taken and that we were surviving on my partners wage only with two children. Furthermore, it is only the Royal bank of Scotland who have ignored my situation and increased my stress by adding the chargesand interest and ignoring my first right of Apportion to the benefits I receive. Thus, creating even higher levels of hardship, I think this is disgusting and require this situation to be consider carefully when making your decision.

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Recevied partners data and now placing reclaim letter in for appox £250,

as we have severe difficulties a win means a donation!!!!

 

fingers crossed, and as I have a few things going through, the ones which have been informative will ultimatley be the ones that warrant a donation!!!

 

I must state though, there are some extremely rude people operating on this website, all I say to this is constructive critisism is the order of the day not insults, this really weakens the ethos for such an informative place. It's a real shame!!!!

 

:-| :-|

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