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    • 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
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      • 0 replies
jumpjet

Blair Oliver & Scott & old GUS finance loan still paying them!

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Hi all,

 

Could somebody help me with this credit agreement IE. enforcable or not!

 

the personal loan side has the signatures of both my wife & myself. And the insurance is also signed for.

 

On the Preference Account side, My wife is the applicant. there is no aurhtorised user specified. And I signed the agreement. This has been struck through with 3 lines as if cancelled.. but I was the one who was issued with a preference card.

 

As you can see, the insurance on the loan had been lumped in!

 

I would appreciate any input as to what mileage is in this agreement. We are about to S.A.R. BOS and would like to know where we stand on this first.

 

Thanks to all,

 

scampjet.

img002.pdf

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:) Just bumping this for you Scampjet.

 

In the meantime, have you looked at this thread here.


I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Sorry to post offtopic in this thread but a passing comment - couldn't HBOS think of a more creative effort when naming their in house DCA-lite than just making up some names to match their own initials? It doesn't say much about the quality of management in that bank!

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Any opinions/input on the agreement please?

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I can't help on the agreement, but I've posted a link to this thread on the ' Consumer Credit Act Agreements' thread, so hopefully one of the experts will be over to have a look soon.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Cheers reallymadwoman!

 

I did'nt know there was one!:o

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On the subject of the preference account, I have an almost identical agreement, which actually purports to be an agreement for a bank account. I have disputed that the 'agreement' is enforceable for the reasons on this thread:- http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112921-bos-preference-account.html

I've had no response from BOS.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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It looks enforceable to me, although I haven't done the maths.


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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Hi tomterm8 and thanks for looking,

 

Regarding the maths, (and without totting it up) I would be gratful if you would let me Know how you read the loan figure . Does this have to be clear to make it enforceable? It maybe just the copy I have been given but it looks like 1300 to me (clutching at straws). On the preference account, its my wifes name at the top (applicant) signed by me, then struck out with 3 lines.

Until I SAR BOS I can't remember what this account was for but I still have the switch card that came in my name.

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Also, I note that on the agreement it is titled "step 2". I don't know what step 1 was! But I assume there was one.

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I read the maths as 4,300, with PPI of 1591.50, total credit 5891.00 .

 

I assume the signature is yours? In which case, if they paid you the money, the incorrect name / address would be enough to make it improperly executed, but IMHO the judge would think you were having a laugh.

 

Worth PMing curlyben to see what he thinks, however.


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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It looks petty ok to me.....sorry

 

The maths seem ok....haven't checked the apr though

 

Dave


** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Thanks tomterm8 much appreciated!

 

I will ask curlyben as you suggest, but may I ask if the ppi would be claimable as it was sold lumped in the balance?

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You would be able to reclaim the PPI... if the PPI was sold as optional, then it is correct, if it was sold as obligatory it should be in the total charge for credit, which AFAIK would make the agreement unenforceable.


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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thanks dave,

 

Like I say, probably clutching at straws....but I had to ask;)

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Hi tomterm8,

 

the insurance section has my wifes name printed in it by them.

total amount payable has £1591.60 added.

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LOOKING AT THE FORM

 

the signature is dated 2003 but the references to data protection are in the style used when the old data protection act applied (pre march 2000)

 

the data protection act 1998 did not come into effect until march 1st 2000 ------------

 

so this application form has not been updated as it should have been from march 1st 2000..................... now the question is are there any implications of the above ????


:cool: sunbathing in juan les pins de temps en temps

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could you post the terms and conditions in non antipodean mode (right way up)

 

regarding that preference account it does not say it is regulated by the consumer credit act 1974 ,,, but this is only for the minor £500 overdraft

 

note the form is dated oct 2001 bottom right corner ???


:cool: sunbathing in juan les pins de temps en temps

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Interesting.

I would certainly be inclined to reclaim the single premium PPI as these are generally missold. PPI Reclaiming Guide: Free template letters to get £1,000s back on loan insurance...

 

There is NO reference to it being an optional extra for this loan. That alone is important. Further information on that aspect here: PPI Reclaiming Guide: Free template letters to get £1,000s back on loan insurance...

 

I'm also not happy about the £89 " admin fee", something is ringing bells here, but I can't put my finger on it.


Be VERY careful whose advice you listen too

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Hi fantasy charges,

 

Non antipodan T&C's.:lol:

img003.pdf

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Hi curlyben,

 

One of the problems we have with this is that we don't know who we would claim off!

 

 

the loan as per the agreement is With Gus finance limit

( if they still exist) and the balance owing is with BOS.

I can't remeber who the original creditor was I think it was bank of Scotland.

 

 

What confuses us even more is that the Preference account agreement is between us and Capitol Bank.

 

 

We don't know how much of the total balance is from which creditor.

 

 

Also, we had been paying this to BOS for a number of years,

before we had a DMP and via ccc's for about 3 years.

 

 

The balance is still standing at about £8000.

 

We are about to SAR BOS to find charges etc.

But obviously this will only be what they've added.

Thoroughly confused!

 

In the insurance section(part 2) only my wifes name is included (printed in) Yet we both signed the loan agreement.

 

 

If I remember correctly,

we were contacted by Bank of scotland by phone

and asked if we wanted this loan,

then the papers were sent out to us.

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After nearly 4 years of not hearing a word from them and paying £10 per month by standing order,

our last payment was returned to our bank as unaccepted due to incorrect details.

 

this morning we had a letter from BOS to say that we have defaulted and need to contact them to make the installment.

 

 

My wife made the payment over the phone and was asked to increase the amount

because it had;nt been reviewed for 4 years and should have been reviewed six monthly.

 

 

We have had no contact from them all this time and have not missed a payment.

 

 

BOS accepted the £10 a month after we closed down our DMP as this was the only way we could stop paying

our other creditors and dispute the debts with them.

 

 

With the help of this forum and months of very stressful wrangling,

we successfully fought off all our other debts and having no pressing DCA or threats etc from BOS,

let sleeping dogs lay and continued to pay each month.....

 

 

Just goes to show that sleeping dogs will jump up and try to bite you on the bum if they get the chance!

 

I'm expecting more to come of this.

 

 

They say that because we have defaulted (rather than they returned the payment)

the account has been put on hold until Feb 2nd.

They are going to send a financial schedule form which we will return and will show that we can ill afford

to pay more than at present, but I get the feeling that this has been engineered to open the flood gates

for something bigger and at the same time, making out it's our fault .

 

 

I havnt got as far as digging out the files on them yet .

.....but I think we will have to be ready for a fight.

 

 

Apparently the systems between our bank and BOS are no longer compatable or some such twaddle.

 

 

We shall see whether the next payment goes through or not!

 

I would be grateful for any further input and advice.

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Re: [problem]p]pjet-v-Blair Oliver & Scott

 

After nearly 4 years of not hearing a word from them and paying £10 per month by standing order,

our last payment was returned to our bank as unaccepted due to incorrect details.

 

this morning we had a letter from BOS to say that we have defaulted and need to contact them to make the installment.

 

 

My wife made the payment over the phone and was asked to increase the amount because it had'nt been reviewed for 4 years and should have been reviewed six monthly.

 

 

We have had no contact from them all this time and have not missed a payment.

 

 

BOS accepted the £10 a month after we closed down our dmp as this was the only way we could stop paying our other creditors

and dispute the debts with them.

 

 

With the help of this forum and months of very stressful wrangling,

we successfully fought off all our other debts and having no pressing DCA or threats etc from BOS,

let sleeping dogs lay and continued to pay each month..

... Just goes to show that sleeping dogs will jump up and try to bite you on the bum if they get the chance!

 

I'm expecting more to come of this.

 

 

They say that because we have defaulted (rather than they returned the payment)

the account has been put on hold until Feb 2nd.

They are going to send a financial schedule form which we will return and will show that we can ill afford to pay more than at present,

but I get the feeling that this has been engineered to open the flood gates for something bigger and at the same time,

making out it's our fault

.I havnt got as far as digging out the files on them yet .

.....but I think we will have to be ready for a fight.

 

 

Apparently the systems between our bank and BOS are no longer compatable or some such twaddle.

We shall see whether the next payment goes through or not!

 

I would be grateful for any further input and advice.

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So we understand that there were no changes made to the standing order. This time it just went wrong - so it seems as if it is definitely bank error - but they have no seized the moment to make your lives difficult for you.

 

I hope that you are continuing to make the payments. You must not stop - even if they try to refuse payments. Do everything in writing - nothing on the phone - or else record your calls - get a Truecall.

 

What was the original instalments agreement? Have yo got anything in writing about it? If there is nothing in writing the it may be reasonable to suppose that it was meant to be subject to review at some point. How much is the debt? How long will it take to clear it at the present rate of repayment?

What is the debt?

 

I suggest that you don't fill out any forms until you have let us have these answers


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I've moved your thread to the BOS forum. You had put it in the RBS forum


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