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    • Wow so just spoke to Nationwide. You'll like this one.    Stated that I was calling due to concerns over previous conversations that day and to check the status of my claim.    Was on and off hold a lot and the rep was very cagey, speaking to manager etc. She tells me that there are two DDI claims on my account, for dates and amounts that are completely different to what I asked for.    I asked her to read the notes from my previous calls. She goes on hold again and comes back to day she will send me all notes, correspondence etc. from my calls. I ask for it via email and am told that I will receive this in 28 days (!!)    I ask if we can go through the documents over the phone. No call notes (they'll be on the DDI forms I'm told - there were no notes on the forms either). Okay, next I ask for dates and amounts included in the claims. I load up my PayPal activity to cross check and the first claim was for 'send to friends and family' payments made by visa. The second claim was also for visa transactions. In fact PayPal didn't take a single DD from my bank account for the whole time that I have used them, up until the start of May. These claims were for April.    A little while later the claims, that might be considered spurious/fraudulent, are cancelled. Or at least there's a note on them asking for them to be cancelled.    I ask for my actual claim to be raised. More hold music. We can't do it right now due to the volume of transactions. You'll have to wait two days for your statement as we can't load the transactions. System can't handle it.    I escalate the matter to her manager so I can make a complaint. Manager takes details, asks some questions. Asks why fraud team aren't involved, is it fraud? I say it was the fraud team that I called this morning I thought they raised the claims. I don't know what the transactions are, I haven't spoken to PayPal, I'm exercising my right to a DDI.    She calls them to 'check why they aren't involved, maybe because its DD'. Comes back saying there's a lot of transactions, lots of gambling.   Okay I say, point still stands that I want to claim a full and immediate refund, which I am entitled to do.    She gives me an email address to put all of this in writing, which I'd asked for previously. Asks me not to do so until the complaints team speak to me by Tuesday, as it will duplicate.    She goes to end the call and I'm like, so what about my claim? She responds while clearly looking at my account and says that she can see a claim was raised earlier today...    Flabbergasted, I go to remind her that yes, that's why I'm complaining and... Half way through my sentence the phone cuts out. The time is 19.58 and her office closes at 20.00...   Try to call back, she's gone for the day and will call me tomorrow.    So so so poor.    Pierre
    • Oh and also - If you are shorthanded by TSB then you can put a LBA together - This could be interesting...
    • This will be a long slog Document everything - Go into branch tomorrow - If they tell you have an Outstanding Balance and cant release funds etc then you document that too.   Put a FOS Complaint together. You can then get the information from the FOS to see what they did in their investigation @ TSB. You should not have a debt outstanding to TSB but i fear that a CIFAS marker might be acoming.  I would ask TSB to register you on CIFAS as you are a victim of Fraud in this circumstance and NOT a perpetrator. 
    • But get a free proof of posting, as it will be deemed delivered after 3 - 5 second class days
  • 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
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      • 0 replies
Poolio

RBS Mint Card CCA - Is this enforceable?

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Thanks to all the great advice I received here regarding sending CCAs and then posting the responses from creditors I advised my mother who is bogged down with debt and struggling to meet her payments to go down the CCA route.

 

She sent a CCA request to Mint (RBS) for a credit card and got the following response:

 

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20Mint/MintLetter.jpg

 

Then there is the agreement (a filled in and signed application form), along with a set of terms which were supposedly overleaf:

 

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20Mint/MintAgreement.jpg

 

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20Mint/MintTerms.jpg

 

Is this a proper agreement and is it enforceable?

If so then she will arrange a payment plan?

If not then is there a standard letter I get her to send to them saying the document is unenforceable?

 

Along with that they sent what seems to be an account summary:

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20Mint/MintAccount.jpg

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20Mint/MintAccount2.jpg

 

Also they sent a copy of the terms and conditions booklet:

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20Mint/RBSTerms.jpg

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20Mint/RBSTerms2.jpg

 

Thanks for advice as usual, I hope I can ease some of my mum's worries :)

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I cannot give you the answer as I'm no expert in this. I've only replied to give you the bump. In my humble opinion I'd be surprised if that was not valid. Most of the card companies were aware of discrepancies on CCA's well before the date of yours so it should be spot on. Wait for a more experienced member to reply.

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Again not a definitive answer.

 

It rather depends on what the small print on the agreement says - I can't read it on the copy.

 

The terms do appear to be from that era but there would need to be a link from the agreement and, if they rely on these it would be up to them to prove it is indeed, the back of the agreement.

 

Good news is, I have a string of C/Card agreements from between 1995 & 2000 and not one is enforceable.

 

Can you read the small print on the agreement, on the copy you have been sent?

 

David

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