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    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
    • Hello CAG, Bit of a long post, may want to get a cuppa before starting reading... 😁   after being a lurker for many years and trying never to get into a mess with credit cards like i did 20 years ago, i've got myself into a mess with Amex... I've tried being open and honest with them, but now getting the feeling they are messing me around.    Its not a chargecard, but a Nectar Credit Card with them. TAKEN out 2016. Balance is just under £15k as of today, was almost at £17k.  Debt still owed by Amex, not been sent to NCO/Arrow etc - YET...    Background (short version): Was all fine with more than min. payment (£500 or so), being made until April 2020 when a number of things reduced my monthly salary from work (mainly, take a pay cut or be made redundant), so I soon quickly realised i needed to tighten my belt quickly. Phoned Amex, advisor said nothing they could do except Payment Holiday. Was put onto that for 3 months, told that Amex will be in touch at the end to restart payments. I asked about interest being stopped/frozen/reduced - not possible. So agreed to payment holiday to give me breathing space. 3 months came and went, no contact from Amex... No payments made, interest still racking up at around £300 a month...    Rang Amex back (July 2020), we cant do anything today because your in the middle of the statement cycle call back next week. Called back week after, no solution yet (i asked about things i seen on Amex US website = Regain program - basically freeze card, lower interest rate and pay a set amount for 12 months - more about this later) > Not available in UK yet.   Want to stay on payment holiday Mister B? I asked if there was any way interest could be stopped as this is making the balance increase and increase. No. Do you want to stay on Payment Holiday? Ok. (Bear in mind, if i came off Payment holiday. Minimum Payment was around £570 per month.  So, stayed on payment holiday... Didnt hear anything from Amex again. Called back up in September 2020. Please call back in October after 10th and we can assist.   Called back after October 10, went through loads of stuff, different options etc, was warned that Payment Holiday might not be extended much longer, but now have a program. Worked out with Amex woman that i could pay around £200 per month. But please stop interest - no we cant but we can reduce this down to 9.9APR instead of 23%... . Amex woman said she needed to submit details to 'Seniors' at Amex, please call back next week for update.   Called back week after, advised that first Amex woman was wrong and had made mistakes, shouldn't have told me what she had told me, £200 is too low, minimum would be £389 per month for 12 months or account will default. Told Amex woman 2 that couldn't afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is minimum they can possibly accept, 12 months at that amount per month and interest would be lowered, but not stopped. If you dont take out this 'Program' then account will default and will be passed to NCO or Arrow (I hate them both).  Went off, tried to get loans etc, all refused. Rang Amex back, reluctantly agreed so i can keep credit rating at 'good'.  So, been paying since Nov 2021 @ £329.74.    Letter arrived in December - due to out mess up with moving accounts around whilst on payment holiday, we are going to give you £3074 back. Logged into account, only £30.74 refunded, not £3074. Phoned Amex cos thought it was a joke/mistake - Spoke to some bloke - Oh dont worry, the rest will be applied to account automatically in 7 days. he advised was genuine but then got cut off during call. Called back, spoke to some other bloke, yes, looks genuine but please hold... Came back 10 minutes later. Oh, its a mis-print, you are not the only customer to receive one of these. Each should have been £30.74 not £3074. Me = Gutted.    Wrote a letter to Amex saying how dissatisfied i was with general customer service and felt they were incompetent, blah blah etc. Final response received, Complaint partially upheld, heres £150 credit because we were a bit silly, but thats it. IF your still not happy, go to FOS. Opened a case with FOS... Have sent them the complaint letter to them and have had a call from them about this... FOS are backlogged though and will take another 3 months for complaint to be looked at by them.   Let me make this 100% clear, fully admit to owning the debt, yep, ive spent this money (wish I knew what on, cos having got much to show from it - just general stuff and holidays)... Not trying to shirk out of it, trying my best to keep up with re-payments but im really struggling. After I got paid on 1st April, after paying all outgoings i had £9.83 left in current account so am having to go into overdraft each month which is just a vicious circle.  I would really like to NOT have to down the default route and trash my credit rating and then have to deal with the morons at NCO / Arrow etc.    Meanwhile, this is where I need the advice of the CAG experts... - Credit Limit increases... These were coming every few months and it was just being upped and upped and upped. Credit limit eventually was stopped at £15,400. Some of the increases I never even received letter for, just noticed when I logged into account. >>>> Would this be a case for irresponsible lending?   - Stopping interest - I've read something on FCA site that they recommend (not policy) that if a customer is put onto a payment holiday then they recommend freezing interest for customer so the debt doesn't continue to build. I've asked time and time again, Amex just refuse.  >>>> Any tips on how to get Amex to play ball?    - Full & Final/Short settlement I've rung Amex today, told them I might be able to pay it off. Initially they said full balance, i then pushed, they then said they would accept 80% of balance, pushed them a bit more, got it down to 70%. >>> Surprised, and then very surprised they would accept 70%, anyone else think this is a bit odd? Normally they wont budge, or they wont budge from their first offer... Could their be something wrong on account (missing CCA etc?), or do they want rid of me and account as much as I do with them?   - Cant really keep going at these £329.74 repayments. Something is going to have to give somewhere. I believe they wont go any lower and they will just default it i send £100 instead of £329 and send it out to NCO/Arrow. This might not be a too bad thing though because this would stop the interest right? Anyone thoughts on this?    Anyone think of anything else I could try with them? Again, its still with Amex, not defaulted or anything yet, yep, its all my own fault, i've spent the money, dont deny that, just feel Amex have took advantage etc.   Many thanks for reading. Any advice is greatly appreciated.   Kr, Mista B.     
    • Ok so we have complained to HMRC but were still no further forward with getting the P45/P60. We need this as DVLA has said they need more proof of who he is before giving him a provisional license.  What more can l do. 
    • Hi All   just looking for some advice. I bought a used Porsche Boxster from one of Marshall motor group’s Audi dealers (can I name them?) recently and was assured that it received a major service in October 2020 in line with the manufacturers requirements. The service book confirms this. The dealer also told me on the phone that they have a 6 month rule with any mot or service being done if due within this period which assured me when making an offer over the phone on the car that it wouldn’t need anything doing for a while as I recall saying that.   However, digging through the receipts post delivery I saw that the service was in fact minor and after calling the specialist who serviced it in Oct both they (Sheepishly) and the invoice confirmed that the car did not receive new spark plugs, an air filter, brake fluid replacement or a new fan belt which have now all fallen due and hence the major service due warning light. Had I not investigated this then the car would have potentially gone another 4 years, so 8 in total without some of these items being done.   i emailed the salesman to ask what they would propose to do. The matter is complicated by my living 450 miles away in Scotland, and 200 from their nearest branch, a Mercedes dealer in the Lake District, so I suggested getting my cheapest local specialist to do the works that have fallen due, however I have received no response.   Whilst I am still within my 30 days i don’t want to reject the car, which is otherwise perfect, but the fact remains that the Audi 150 point check only asks for upcoming mot’s to be checked and not services and surely you wouldn’t buy an approved used car and expect to have the service light come on 2 weeks later and have to spend almost £500 putting it right.   i would really appreciate some advice on next steps and perhaps who to escalate this to. Meantime the car is booked in for 2 weeks time to get the work done at the cheapest reputable place I could find.   Many, many thanks in advance
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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mjanet v lloyds :** WON ** UNCONDITIONALLY


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Wow lloydstsb are quick .....only 8 working days ........ to say I can't have my money.

 

6th March Data protection request sent by email

 

7th March email recieved back saying they recieved it

 

8th march email recieved (dated 15th march) saying they will send info requested

 

10th March I sent another D.P.A request by email for my C/C details

 

10th March email back saying they recieved it

 

13th March email recieved saying they will send my C/C statements in

conjuction with my bank statement request

 

14th March bank statements recieved by post / manual intervention notes... no manual intervention when charges deducted

 

14th March letter before action sent by email , giving them 14 days to

repay me ( yes I know I missed a step , lesson learnt don't do important stuff when 3 kids are playing up around you )

 

14th March email back saying they recieved it.

 

15th March standard letter back by email saying ... NO.. refering me to banking ombudsman

 

15th March email sent saying I will let the courts decide on the legalities of your charges

 

When the 14 days are up I will start my claim , unless someone thinks because I missed a step I should do something else ?

 

waiting for my C/C info now but I'm not really exppecting to see any charges on them.

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When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Well done and welcome! Keep us posted

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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16th March bank replys by email .........

 

Unfortunately I am unable to add any further information to my letter dated xx March 2006 and can only refer you to the terms and conditions of your account. However, I respect that you have your own opinion about our charges.

 

This letter is the bank's final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service.

 

 

this time enclosing a leaflet outlining how to contact them. Didn't think he understood me when I told him I will let the court decide on the legalities.

So now again back to waiting until my deadline I gave them.It gives me a week to read up on how to form a claim.Make some room for me on the litigations in progress thread ...it looks like I'l be joining it next week.

When you want to fool the world, tell the truth. :D

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Hi mjanet, I notice that you seemed to get a quick responce, ( as bad as they were) via email. Can you post the Lloyds TSB email address you used, as I have relyed on snail mail to date, and am to impatient to wait.....

Kevin

Good Luck All...

 

Fruitbat

 

In the words of a once great man \" Living is easy with your eyes closed, misunderstanding all that you see\" John Lennon

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Hi Kevin , yes I was too impatient too the address I used was [email protected] as you can see they recieve it then they forward it on .If you already have a named person that you are dealing with just put his name and any reference number in the subject line .. thats all I done.

When you want to fool the world, tell the truth. :D

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  • 2 weeks later...

Still have not recieved my CC information applied for under the DPR request so I am just about to send them a reminder that the time is ticking ..They have informed me that the last letter was their final response ,but they still have to send me the information I requested.Also whilst I know everything is done automatically by their pc's one thing I have noticed is every time it comes close to when my CC statement is due to be produced the payments I make become slow ie. Sunday 13th March I pay my balance by bank transfer it's taken out of my account before midnight the same night but shows Mondays date it's now 6 full days since they took it and my balance is still not cleared.I have just put a complaint in asking them why it's taking so long if it's an automated payment ? hoping somewhere in their reply they tell me it is done by a pc.

When you want to fool the world, tell the truth. :D

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update

still not had acknowledgement of my complaint and my balance is still not cleared 8 days after they took the money out of my account .CC info still not recieved.

14 days I gave them to repay me are up tomorrow so claim due to go in.

When you want to fool the world, tell the truth. :D

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Just phoned my branch to find out when my account was actually opened and was told 1957 , I protested and was assured it was correct .Only problem being I was not born for quite a few years later .Funnily enough they now agree ( after confirming it with a manager ) it is the wrong date but now can not tell me when it was.

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I have had to phone the banks head office many times past few days ( nothing to do with claim ) and they talk about 'manual intervention' a lot now .Seen as David Just keeps sending out letters saying he doesn't understand what is meant by it I think the staff have been well coached in the CC customer services.Also seen as they keep charging everyone using that as an excuse they have just said to me '' even though we have used manual intervention on your account please let me know personally if you occur charges and I will see they are refunded to you''

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Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

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I think that they don't know where to turn to justify the charges. In their solicitors' letter to me they did not try to justify by saying their had been manual intervention but that the fees had been laid down in my contract with the bank and therefore must be paid. Nonsense obviously, as they would not go to court.

 

I see charges rising again, as a result of the fees of teams of solicitors trying to find a valid defence and 'loans' to political parties to gain influence.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Claim put into court today , claim amount £324.34 including interest

 

finally recieved a copy of my CC statements .As I suspected no charges have been applied.

 

Also asked usher if I could sit in on a case they prefered to tell me and show me an empty room lol . I then asked very politely are the public not allowed in and was told yes it's still classed as an open court as long as neither party object to me being there , some contradiction there BUT I was on best behaviour so never pointed it out .Been told to come back on Wednesday and they will ask permission from ' both sides ' of a case ,as well as judge.As long as theres no objections I can sit in , he said sarcastically you can bring a few friends to lol . I think they where VERY suprised I asked .

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  • 1 month later...

UPDATE

 

Claim deemed served 9th April

 

Acknowledged with intention to defend 18th April

 

defence recieved by the court 3rd May

 

Defence recieved by me 6th May ( from court )

 

LLoyds told court they where unable to send the defence direct to me as they didn't know my address .Now in all fairness to Lloyds the fact my address and account number is on my claim and in light of the fact I have only had my account with them for 30 yrs then it is quite understandable they wouldn't know my address ... NOT :-D

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Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

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Mjanet - don't keep us in suspense!!! What did their defence say??!! :-)

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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Mjanet - don't keep us in suspense!!! What did their defence say??!! :-)

 

I don't have a scanner to scan it in and it's to long to type out BUT as soon as I find someone who can scan it in for me I will put it in here .Hopefully over the weekend.

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  • 4 weeks later...

allocation questionaire recieved and has to be sent back by 8th June, on my to do list for tonight.

Sorry couldn't show the defence as no scanner but it is just the usual s*** about it being a service and I have not broke my contract.

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allocation questionaire has been sent back .Will let you know if I hear any more

 

sent LBA over my DPAR on 6.6.06 ( :eek: just realised the date lol ) This is for a telephone call I had with their call centre .Reciept recieved for my request then they just ignored it.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

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allocation questionaire has been sent back .Will let you know if I hear any more

 

sent LBA over my DPAR on 6.6.06 ( :eek: just realised the date lol ) This is for a telephone call I had with their call centre .Reciept recieved for my request then they just ignored it.

 

That is so DITO !!

 

keep at um MJ

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2 letters recieved from solicitors , first one telling me their defence and how confident they are of winning.

 

Main points:

 

1) the fees you are seeking to recoup are properely incorporated into your contract with the bank.When opening your account, you were provided with details of the banks charges and by using your account, you accepted those charges;and

 

2) when you make a payment (whether by cheque,debit card or any other means ) from your account when you have insufficent funds to cover it, you are effectively making a request to the bank for an increased overdraft ( I don't have an overdraft so how can I increase it ) .It is for the bank to decide whether or not to accept this request.If it meets your request,or indeed where the request is declined and the item is returned to your account , you must pay the necassary charges.The issue of penalties only arises as a matter of law where there has been a breech of contract.No breach of contract has occurred between you and the bank ; the bank is merely providing another service service, for wich there is a charge.The charges are not penalties and therefore need not to be a pre-estimate of the banks loss .

 

-----------------------------------------------------

2nd letter

 

 

Without Prejudice Confidential and Privileged

 

 

Dear Madam,

As you will be aware from out open letter, we act for Lloyds TSB Bank plc (the bank).This letter is marked without prejudice and is confidential and privileged which means it will not be produced in court and is confidential between you, us and the Bank.

 

In our open letter we have set out details of the banks defence and we should inform you that the bank does not accept that there is any merit in your claim. However, regrettably the costs of resolving a dispute can easily exceed the amount in issue regardless of who

‘‘wins’’ at the end of the day. The Bank is therefore willing to settle your claim on the following basis:

 

1 The amount your clam (?) , £324.34,will be credited to your account.

 

2 As you do not have an overdraft limit on this account, you must maintain your account in credit.

3 Payment will be in full and final settlement of this claim and any further claims you have or may have against the Bank arising out of or in anyway connected to this claim.

 

4 These terms and correspondence entered into in reaching a settlement, of which this letter is one, will remain confidential between you, us and the Bank

 

 

Please let us know whether you are prepared to settle on these terms. If so, and you comply with the conditions set out , the Bank will arrange to credit the amount of your claim to your account.

 

If you are willing to settle, please sign a copy of this letter as confirmation that you are bound by it’s terms, including the requirement of confidentiality, and return it to us

 

Yours faithfully

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Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

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MY REPLY

 

 

Without Prejudice

Dear Sirs,

I would like to inform you that I have received both of your letters and note your points. However like you I am also quite confident that I can prove my case in court and prove that these are in fact penalties that you are trying to cloak as a service charge. I am also very confident that a judge will also see it this way. Whilst I have to mitigate my loss I am prepared to accept the figure you quote along with my costs of £50 that you have excluded. I will accept this in full and final settlement of this claim. I reject all other conditions you have attached unless your client would like to negotiate a payment for this extra service you are asking from me ,as a separate agreement

.

I will continue my claim against your clients until such time that your client accepts my terms and has paid the amount I have asked for into my account.

May I also point out that there is no unilateral imposition of confidentiality in these circumstances as you must fully realise and for you to say otherwise is an abusive deception .I will pass any more disinformative correspondence from you to the Law Society who no doubt will decide whether this is a matter of discipline or merely requires more Continuing Education points.

Yours faithfully

  • Confused 1

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HARRRRRRRRRRRRRRR!!!

 

Onwards and upwards

 

Elsinore

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Superb reply MJ :D

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Been borrowing BWs "stampy" boots? - "continuing education points" indeed...go get yer money MJ!

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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reply from solicitors

 

Without Prejudice Confidential and Privileged

 

Dear Madame,

 

Thank you for your letter of XXXX

 

The Bank is willing to make an updated offer of settlement on the following basis:

 

1) The amount of your clam ( ? again lol ) , £XXXX .will be credited to your account.

 

2) As you have no overdraft limit on this account, you must maintain your account in credit.

 

3) Payment will be in full and final settlement of this claim.

 

Please let us know whether you are prepared to settle the matter on these terms. If so ,and you comply with the conditions set out, the Bank will arrange to credit the amount of your claim to your account,

 

If you are willing to settle, please sign a copy of this letter as confirmation that you are bound by its terms and return it to us.

 

We look forward to hearing from you

 

Yours faithfully

 

 

If anyone wants any clams they are £300 each :grin:

 

Not decided on my reply yet but it will be something along the lines of get lost reasons being ....I know my responsiblities re my account and you aint setting conditions to paying me my own money that was unlawfully taken and stop telling me letters are confidential and priviliged when quite clearly they are not

 

The Bank just HAS to have the last word when I am sueing them , no I don't think so.

 

 

Will post my reply when I think it up :D

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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