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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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I live in London and my current account mortgage (CAM) is domiciled in Glasgow Scotland.

 

Does this make any diference?

 

Can I proceed as per outline in this site?

 

By the way. I thought that I may have had one or two charges over the years, not worth the effort - but I decided to have a look anyway. I was stunned when the total exceeded £2000.00.

 

I guess I have been complacent in allowing this to happen, but I intend to claim ....AND .... donate 5% to the site originators.


Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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As you are in england it is governed by English law, follow the guidelines set out in the FAQ's

 

Good luck and keep us posted

 

Natalie


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Natalie

 

Thank you. My feeling that was the case, but reading the Scotland group notes I was confused when they refered to £750.00 limits.

 

Thanks again.

 

 

Mark


Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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...I was confused when they refered to £750.00 limits...

 

Yes, unfortunately the Scottish Courts have a much lower figure for their small claims equivalent.

 

However, as stated above, you can stick to English amounts....

 

 

Best of luck


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I have completed my claim letter and about to put it in the post. Started this tread post progress.

 

Claim - £2129.00 + interst incurred on those charges of £159.64

 

Total claim £2288.64


Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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Bring it on :)


Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

 

Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

 

Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

 

HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

 

RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

RBS - Claim 2 - Settled in FULL £777.95 08/09/2006

 

 

BOS A/C No. 1 & 2

Amount - £586.39 claim plus 8% interest

SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

 

Halifax Visa Data Protection Act Disclosure Received

 

First Direct Data Protection Act Disclosure received

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Well first letter sent and recieved the RBS standard 'Dont agree, no refund letter' so will send follow up letter on 3/8/06 14 days after issue of first letter.


Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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Well first letter sent and recieved the RBS standard 'Dont agree, no refund letter' so will send follow up letter on 3/8/06 14 days after issue of first letter.

 

If the bank have already responded, denying a refund, to your first letter then just sent the LBA immediately. You don't want to wait for your money do you?

 

Also remember to add contractual interest.

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3 threads merged. Please stay on 1 thread per claim, it will help us help you as your claim develops.

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Well have not ahd a reply to my LBA ,,, so on to the next stage. Any advice?

 

mark


Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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Yep - FAQs.


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I have followed the procedures to the letter. RBS has entered a defence. I have received from Corbets (their solicitor) and extensive document asking very detailed and in some instances in my view almost impossible questions for me to answer. I have 10 days to respond.

 

Has anyone reach this point that could help?

 

The document is nine pages, bit too much to reproduce here ... and the questions range from ..

 

The one that worries me is ..

 

2.3 In relation to each charge please clarify 9A) is it the case of the claimant that same should not have been charged? (b) if yes: please explain why the claimant contends that the same should not have been charged? © If no; is it the case that of the claimant that the same should not have been charged in this amount? (if yes: please explain why the claimant contends that the same should not have been charged in the amount identified the sum the claimant contends should have been charged. (e) if no; please state the claimant's case.

it seems like a trap.

 

"In your claim you state that the banks charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law

"

4.1 Please specify the clause pursuant to which the charges were applied

4.2 Please specify whether the charges applied were due to breach of contract by the claimant

 

4.3 Please identify in each case the particular breach of contract(by reference to appropriate term of the contract that the charge related to.

 

I am not sure what they are asking here. Are they asking for me to show where I breached the terms of the contract with RBS?

OR are they asking where the common law terms were breached?

 

Clause 6 asks "Please specify the facts relied on by the claimant in support of the contentions and in particular please identify the contractual provisions the claimant alleges by reference to UCTA/the regulations.

 

 

There is heaps more .... pages of legalese ..........................

I understand that all this is probably a smoke screen to test my resolve but I am concerned that in some of the questions I could shoot my self in the foot.

If anyone has experience this far would they kindly contact me and offer advice.


Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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You've been stung by the classic " CPR Part 18 Request" from Cobbetts. Rather than me going into this in detail here - it's been discussed frequently on other threads - try a search on "Part 18" and see what you come up with. The general consensus is that if your claim is under £5,000 and likely to be allocated to the small claims track, you are under no obligation to answer these Requests in full. Rather than not answering them at all, you should fire off a letter to Cobbetts - some threads have suggested templates of letters.

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Thank you.

Will do the search straight away.

 

Mark


Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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Have now completed the Allocation questionaire 149 ( Small claims) .... It came with a notice of transfer to the closest court to me (Woolwich) which is good news, just in case.

 

I have also replied to Cobbetts giving them the basics od account number and complete schedule of my claim. I did not respond to the CPR part 18 request.

 

See what happen next. The costs are now up to £220.00 so when they do settle they have gone backwards by this amount and Cobbetts cost. Strange how sometimes they settle and others they make you jump through the hoops. Seems they test the water every now and again to see how serious some people are.

 

I must state I did panic when the CPR part 18 arrived and I would like to thank those that help, advised and supported.


Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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Well, time marches on. Settlement offer received and rejected. I have reached the point now where I would really like to take them on in court because I am confident that I could make an educated and coherent argument for my position. I have worked out that my maximum over limit was £250.00. So if they had not taken the first 5 charges I would never have gone over limit later in the account history. The reality is that 95% of the charges were made because of 5% of the charges having an effect on my account. I was tempted to ask them for more to settle but thought better of it and would be happy to get my money back.:)


Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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Well I have now recieved the Notice of allocation. Set for the Woolwich court for March 2007. Just a wait now, it is going to be a long 4 months. If any further offer is to be made I think it will be at the eleventh hour, as this seems to be Cobbets methods.

 

Interesting notes.

Judge Backhouse in reviewing the papers issued the following directions:

"(1) CPR18 does not apply to small claims. The court nothing that the Claimant has provided to the defendant his account details and a schedule of charges claimed, the court does not think it appropiate to order the Claimant to provide futher information( CPR 27.2(3)). The Claimant is not obliged to answer the defendant's request for Further Information dates 18 October 2006".

 

As you will note from ealier posts I did not answer and return the CPR18 because of advice recieved from the site.


Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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