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    • Thank you BankFodder    Please can Andyorch advise me how to make the application and what to attach I will send this off tomorrow after 3pm, I can post up the final version here of what I need to send and send this on Monday if I know what I am required to do and what I now need to send to the Court to deal with this matter fully   Thank you so much to you both
    • I think you should probably follow the approach suggested by @Andyorch who is probably more up-to-date on these things and I am
    • Hi, we have managed to agree terms with this creditor, thankfully and finally.   Now we face another problem...my husband was declared bankrupt in 2018 by another creditor. Long story short, it's now in the hands of a trustee.  They have apparently completed a driveby valuation which is higher than the first creditor mentioned previously so the trustee believes there is more equity for them to take.  Our property is leasehold with a 54 year lease so tricky to value.  We made an offer based on the first creditors valuation which was rejected by the trustee because, guess what, their valuation stands. So, I am now fighting again to save our home. Is there anything we can do to challenge the valuation and suggest the equity isn't as high as they think it is? Will a trustee be brutal enough to effectively push us into a homeless situation during a global pandemic because raising the funds they are seeking, is somewhat out of reach? Any help is gratefully received. Thank you.
    • Hi Andyrorch and BankFodder   I have just read up the posts, I am confused as to what to do, please can I be advised which route to go finally and how this is done, based on the advices to date.   I will be able to look into this tomorrow as I am off work most of the day tomorrow after 3pm   Thank you
    • We believe this firm has been providing financial services or products in the UK without our authorisation. Find out why to be especially wary of dealing with this unauthorised firm and how to protect yourself from scammers. View the full article
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hi, proceed with your prelimiary letter and then your letter before action giving them 14 days to reply to each.

 

Their non-compliance with the Subject Access Request is a seperate issue and should not affect your timeline for persuing your charges.

 

Essentially they have not complied with your request, as the Data Subject you are entitled to the Manual Intervention sheets. And they are useful from the point of view of illustrating which processes are automated, and which are not.

 

I would be inclined to include in your letter that you will make a complaint to the Information Commissioners Office if they do not comply, and furthermore if the request is not completed within 40 days of your original request an offence has been committed.

 

Information Commissioner's Office - ICO

 

If I can help in anyway let me know, always glad to help out a fellow gooner.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 4 weeks later...

Hi - haven't been able to update for a while but have now sent off my preliminary request and counting down the 14 days. I will update as soon as I have any response. Am I right in thinking that a response from the bank along the lines of "we are looking into this" does not count and that I should still send in the LBA if I have not had an offer of settlement?

Jooles

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Yes, thats exactly what you do. :D

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Many thanks - getting more confident with this - but still can't believe they'll pay out - expecting a reply along the lines of "you got yourself overdrawn, it's your own fault..." But am in it till the end now - have claimed £2,600 without interest so far so will be a very happy bunny if successful

Jooles :)

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People get more confident the more they read around and get a good idea of how thing work.

 

Is is a fantastic feeling when you get that letter saying they are going to pay. :D And if you have to file at court, the interest will be a great extra.

 

You should have a look around at the next stage so you can see what to expect. Obviously, just ask if you get stuck. ;)

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. ;-)

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Hi -have today received a reply to my preliminary request for payment - have tried to copy this word for word:-

 

Dear Goonerjooles.

We acknowledge receipt of your complaint about bank charges. we believe your complaint concerns the leve, fairness or lawfulness of the charges. If it concerns something else, such as an administrative error, please let us know.

 

We believe the charges are fair, transparent and lawful.

 

However, the bank (along with a nmber of other banks) has now become involved in legal proceedings with the Office of Fair Trading (OFT) in relation to bank charges which will resolve the legal issues regarding the fairness and legality of your bank charges. This has now become known as "the test case".

 

It would be our normal approach to resolve your complaint through our internal complaints process as quickly as possible. However, until the determination of the legal issues in the test case, we have asked the Financial Services Authority (FSA) to suspend the normal timetable for dealing with bank charges complaints. The FSA has agreed to this request subject to conditions that protect your rights.

 

We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resoluton of the test case.

 

Once the case between the OFT and the banks finishes, we will deal with your complaint as quickly as possible.

 

We are sorry we have not been able to respond in full to your complaint now, but we (together with the FSA and the OFT) think it is necessary to resolve the key legal issues before we decide how tho respond to your complaint.

 

The first phase of the test case was heard in January and February this year in the High Court in London. Judgment on this first phase was handed down on 24 April. On 22 and 23 May a procedural hearing took place. Various next steps in the case process were decided upon at that hearing.

 

Firstly, the Court dealt with the issue of appeals. The Court gave permission to the Banks to appeal one aspect of the April Court judgment that unarranged overdraft fees are assessable for fairness under UK legislation. The Banks are appealing on this issue as they continue to believe the legislation in this area does not apply to these circumstances and as the test case process is of considerable public interest, it is important for the issues to be fully tested.

 

The OFT confirmed it is not seeking permission to appeal the April judgment.

 

Secondly, it was confirmed there would be another hearing where the Court will be asked to consider whether terms and conditions previously used by the Banks are capable of being penalties. this hearing took place on 7 to 9 July 2008. We will update our website when the Court announces its judgment on this question.

 

While the Court oncluded in April that unarranged overdraft fees are assessable for fairness, the Judge was explicit in stating thids does not mean they are unfair. A further hearing is required for the Court to determine thi issue of fairness. It is not yet possible to confirm when this hearing will be but the Banks are workikng closely with the OFT and the Court to bring a conclusion to the test case process as soon as possilbe. If at that stage you do not agree with our conclusions you will of course be able to refer your case to the Financial Ombudsman Service ("FOS") (or to the courts).

 

Given the continuing court case we have asked both the FOS and the courts not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will not proceed with cases which rely on these legal issues being considered in the test case.

 

Similarly, you should be aware that if you choose to issue a claim in the County Courts, "the Master of the Rolls" (in England & Wales) or "The Lord Chief Justice" (in Norther Ireland) has, at our request, issued a notification to the County Courts suggesting they stay proceedings about bank charges. This means that until resolution of the test case, claims in the County Court will not be heard. Alternatively the bank will immediately apply to the Court for an order to stay your action until resolution of the bank's proceedings with the OFT.

 

We will keep you appropriately updated about the test case. You can also check the latest position on our website at http:Overdraft charges update- RBS - The Royal Bank of Scotland

 

The FSA requires us to ensure your complaint will not be adversley affected by the delay in dealing with it. Customers for whom Scotland is the most likely jurisdiction should be particularly aware of the following:

 

1. You may choose to take your complaint or claim agains us to either to FOS or the courts in Scotland

2. your right to refer your complaint to the FOS will not be affected. The FOS provides a convenient alternative to the courts, and is free for consumers. However, as already explained, you should be aware the FOS has, at our request, decided not to determine these complaints for the time being until the test case is resolved.

3. However, if you nonetheless wish to take your claim to the courts in Scotland, you should be asware that the timing of when you raise a claim against us may be important. As such, you may wish to seek independent advice on filing a claim now to protect your rights (although you will have to pay a court fee). If you do this, you should be aware that the bank will immediately apply to the court to put your action on hold until the resolution of the bank's legal proceedings with the OFT.

 

If you have any further questions or would like an update on the latest positon regarding proceedings please check our website or call us on 0845 3030 442. Lines are open 9.00am - 5.00pm Monday to Friday or 9.00am - 1.00pm Saturday

Yours sincerely

 

Lyn Kirkland

 

 

Can I please have some advice here, should I still send off my LBA after the 14 days are up, which will be 24th July? Or should I now sit on hold. It would appear from this letter that the OFT, the Courts and the FOS all seem to working with the Banks and if I put in a claim at court it will be stayed. If it does go to a court date and the banks are successful would I be able to drop the case before the date or would I then be liable to costs without ever having been to court.

 

As you can tell the hyperventilating has started again!!!

 

:confused: Jooles

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You should carry on with your claim. Send the lba as planned, and when you are ready, file at court. Yes it will more than likely get stayed, but as soon as you file, the interest will start to add up. ;)

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No they havn't. But they would like you to drop your claim. :p

 

Have a look on the OFT thread for all updates.

 

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/

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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