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    • 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.
    • Suggest that you complete the out of time statutory declaration with all of the details.   I would guess that if you were the director of this limited company that was dissolved, that you could still be liable. Doubt the Government would leave any loophole for companies with vehicles to escape PCN's after dissolution.  There will be a responsible director with on-going liability and as your name is on the DVLA records, it appears to be you.
  • 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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Jakena

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Hi there, I have a claim ongoing in the Lloyds TSB section. I have two credit cards that are with Bank of Scotland as as I've gotten into financial difficult due to charges I am unable to meet the monthly payments in full and another with Egg and a clothing card with GE money.

 

I sent a letter to all these people giving details of my income and expenditure and worked out how much I could pay each one. GE money agreed to my proposal but say I have to cut up my card and any other cards I may have with them and any accounts that I may have with them will be closed but everyone else refused so I'm about to send a follow up letter to the today.

 

I also sent with the letters a request to have the last years statements mailed to me (as I thought a year wasn't too much to ask for) but they've all ignored the request. So I'm going to have to send each company a £10 fee and request them through DPA which I wanted to avoid a I'm trying to save money to make repayments to these people.

 

Anyway I got most me responses back today and 4 responses from Bank of scotland. Two of them declining my request and another letter containing a card. This card says Important Notice, our representative will be calling your home on : Date 8th August and another saying they have issued me a default notice and I will have to make full repayment after 21st August when they take further action against me.

 

I am having serious problems with bank of scotland. They are phoning our house constantly right from between 7am up until about 10pm at night (they phoned while typing this!) despite me saying they I want to correspond in writing now rather than in phone conversation as the constant phone calls are quite upsetting. My partner told them yesterday again as I didn't want to talk on the phone that I have been corresponding in writing and asking they why they keep calling. I think this may be why they've sent a letter out saying they are sending a representative round our house.

 

Is it true I don't have to let anyone visit my house as this is getting like serious harrassment. They can take me to court over the money I need to repay but as they can see from my income and expenditure I can't afford to pay anymore than I have proposed.

 

When I get my statements through, I can make a claim for all the unfair charges to be refunded, if this happens I can bring all accounts back into credit and I will be able to afford the minimum payments then if not pay off a lot of the balance.

 

The credit cards accounts only went over their limit when I missed a payment due to my partner being out of work and I had to pay all the bills and they charged me £30 and also charged me another £30 whenever a credit agency is called in to try and get the outstandingmissing payment. After this things just got worse and worse and so I was unable to pay more accounts.

 

I am sorry this is such a long post and I hope it makes sense to whoever reads it, some reassurance or help wouold be appreciated.

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Guest willowb

I think that you need to go to the citizen's advice bureau for some help on this. Don't worry, someone will be here who has alot more knowledge than me about these situations. If you are claiming unfair charges from all of these companies, then they can't do anything because the accounts will be under dispute.

It sounds like they are totally harrassing you....this is out of order, if it's making you ill (I know what it's like) the quick remedy is to change you number......hang on, someone will be here soon!

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As far as I am aware (though I have no legal training whatsoever) you don't have to let anyone into your house unless they have a court order saying that they are allowed in.

 

Good luck, and let us know how you get on.


Story so far...

 

BOS - Student account - preliminary request letter sent

 

Cahoot - Current account - list of charges totalling £420 recieved

Cahoot - Credit card - list of charges totalling £200

 

Mint - Request for list of charges made by telephone and letter.

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I hope so, I know you don't have to let bailifs in, but this is a bank representative so is it the same thing? Or are they just trying to presurise me.

 

BOS called me at 8:00am this morning, and I asked them yet again to stop the phone calls, they said they are unable to do that as the calls are made automatically but if I answer a representative is put on.

 

I had a letter in writing from them saying they only wanted to discuss my proposal on the phone, a day after I have just said I hadn't heard from them in writing in 14 days.

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BOS are very consistent with their automated call system. As an example, I had two different accounts with BOS which meant they would call me seperately on each occassion. I was alarmed at the volume of calls which on average was 134 per month. Regular protests were ignored until I wrote a formal complaint via the OFT. I also asked to speak to the duty managers which often brought a respite of 7 days grace as a result of them removing our number from the automated system. These calls often started at 0740am and the latest 2120pm, the latter ones being silent when answered. They acknowledged the OFT letter and things calmed down, but from what I have been told, the system randomly picks out telephone numbers from the system, dials the number and if an operator is free, they will answer. If not, the call is placed back in the system. I also learned that for each account, they are entitled to call you up to 5 times a day! If you have many creditors, you will get the same pattern "Are you able to make full payment on your account today?" which in turn means they are paid online collectors! I dont mind speaking to creditors, but I hate repeating myself time and time again... so dont accept it!

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Thanks, at least I'm not the only one. BOS have now sold on my account to debt collection agency and I have requested a copy of my credit agreement from capquest (who they sold it to). I didn't recieve a response from my letter and 14 days later ( a couple of days ago) I got a letter from some solicitors saying they will take me to court if I don't pay the full amount.

 

I brought up the courage to phone them today and they say they have no record of the letter I sent however it could take time to go through the system, they said wait 7 days and call back, however that takes me nearly to the deadline on the solicitors letter so I just said I'd send a copy of the first letter I sent in case it had been mislaid.

 

I also answered the phone a couple of days prior to getting the solicitors note and asked where the credit agreement was then, the person on the phone wasn't very nice saying that I am refusing the acknowledge the debt and I'd be hearing from them.

 

So lets hope they send me a copy of the credit agreement, else they'll be sending me to court when I haven't even recieved so I haven't sorted out a payment plan with them.

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You are entitled to a copy of what you have requested, so keep pushing them for it. Some will argue that they dont have a copy and that nothing was passed across when the debt was sold. Is the solicitor Blair, Oliver and Scott.....? If so, thats (BOS in disguise)...

 

Stay Cool...

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No its HL legal solicitors. If they don't have a copy, can I claim that they aren't entitled to collect money off me?

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Never heard of HL, but because they pursuing the debt you should at least make token payments until you can reach an agreement with them on reduced payments, that way if they initiate CCJ action, the court will see that you have made an effort to repay at a rate you can afford. At the same time, you can request a copy of the original agreement direct from BofS or HL.... dont withold payments from HL as they will assume that you are avoiding the debt and will go down the legal route.... may i ask what the amount outstanding is and what monthly payments u are considering paying?

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Hi jakena

 

Same scenario with the calls and stressing me and the missis eventually things went to collectors/solicitors but after speaking to citizens advice and a council run helpline providing that you can pay your council tax and mortgage you can pay these people £1 and if you are in dispute about figures etc the account can be frozen which lets you get your head above the parapet and get some air.....especially this time of year I ended up remortgaging (slightly higher rate but worth it just now anyway)after working out to offer them 60% of what I owed them.

Dont let anyone in your house unless they have legal rights to enter. If they want to meet ask citizenz advice to find a neutral venue for you both...these organisations do work for you ...dont let the bas"ar"s grind you down !!!

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OK, the legal bit first

1. Protection from Harassement Act (1997) (section2)

Administration of Justice Act (1970) (section 40)

Telecommunications Act 1984

 

All these are very useful for the pain in the butt calls, and also I would refer you to :

TMF: Nobody Home /

search was under debt harassement

 

Also, but it costs use BT barred calls selector/unlisted number selection

 

You could just tell them to Foxtrot Oscar

OFT and Trading standards is also a good counter

 

CB (JP)

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Hi there

 

I'm really really sorry you are experiencing this harrassment - that is what it is!!! In a nutshell you do not have to take this. Write a letter to BOS and send is recorded delivery. There is a template on this forum that sets out the basics that you can follow.

 

Please dont avoid paying your debts. At least if you send them a token payment they will realise that you are serious about paying off your debts.

 

You will have to get organised now and send off for confirmation of your charges. You stand to gain more by doing that at this moment in time. The letter you send will state that you are going into dispute so that may hold off the companies for a while.

 

I was watching a money programme the other night about unfair charges and suddenly it hit me. The people who are really experiencing the backlash of these charges are the people who cant afford it and who live on tight budgets. These banks are therefore no better than loan sharks; they dont charge the interest at the outset but they are definitely squeezing you when you have problems - just like loan sharks they are harrassing you.

 

I cant wait for the day when I get all my charges back and I can then start on them for defamation of character for me.

 

Good luck

Annie


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A slight misunderstanding I think,

 

I have whupped A**** on RBoS and these were my thoughts to help those who were getting grief from creditORS

 

The key letters are those after my initials

:)

Chris

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Never heard of HL, but because they pursuing the debt you should at least make token payments until you can reach an agreement with them on reduced payments, that way if they initiate CCJ action, the court will see that you have made an effort to repay at a rate you can afford. At the same time, you can request a copy of the original agreement direct from BofS or HL.... dont withold payments from HL as they will assume that you are avoiding the debt and will go down the legal route.... may i ask what the amount outstanding is and what monthly payments u are considering paying?

 

I don't have a number to make payments to HL, the address is printed on the base of the letter. The phone number they gave as a contact sends me to capquest, and they say make all communication to capquest.

 

I've sent a copy of the original letter today recorded delivery, so hopefully I'll get the copy of the credit agreement I requested.

 

I was originally making monthly payments of £5 to BoS and stated that it was temporary until we catch up with the bills, but they sold on the debt anyway. So I guess I'll be requesting to make the same payments.

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If you were already making payment of £5 I would write to the original address at Halifax and ask them why they sold the debt AND also if you can have sight of the original letter of assignment.

 

I think if you are trying to pay your debt and the bank is being unreasonable then you do have a case.

 

I would write to Capquest and advise them that you dispute the amount owed because you consider that you have been charged unlawful charges and intend to claim them back. Send a cpy to Halifax. Then, as a matter of urgency send of your SAR so that you can get your money back. Once you send the SAR this will keep them off your back because the account is being disputed.

 

Hope this helps

Gemspan


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Ok, I got another letter from Blair, oliver and scott limited (it now says debt collectors and not solicitors and when I phone the number it puts me through to bank of scotland) I was getting a little confused and this is for another bank of scotland account (I originally didn't know I had two credit cards from bank of scotland).

 

Anyhow the letter says they are still trying to contact me, but I haven't responded despite the fact that my boyfriend has answered the phone on several occasions telling them I have sent them letters with £5 cheque in and they've recieved it because its been cashed. It just looks as though they are refusing to contact me in writing and only want to talk to me on the phone.

 

It tells me not to ignore the letter, but I haven't, I've responded twice now, only to have my letter ignored and a further letter sent out saying i've failed to contact them and to give them a ring on an 0870 number. They've had my letters because they've cashed the cheques that went with them, and they were sent recorded delivery. So I am contacting them, they are just ignoring it. I really don't know what to do now. Just let them take me to court as they say in the letter if i don't phone they have instructions to collect the full amount by calling at my home or going to court?

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Send them another letter - To Bank of Scotland, Blair Oliver Scott, HL and anyone else who is involved.

 

Tell them to take you to court.

 

You have proof of payments.

They have been harrassing you.

Ignoring your letters.

 

The court will look on you favorably. Tell them if they don't take you to court, you'll be taking them to court and doing them under the following:

 

Unlawful Penalty Charges

Non-Compliance with Data Protection Act 1997

Protection from Harassement Act (1997) (section2)

Administration of Justice Act (1970) (section 40)

Telecommunications Act 1984


Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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