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    • 100's of like threads here  you found this forum get reading up.   the most basic thing you must do is simply write to the bank concerned and inform them of your current and correct address.
    • Hi,    Looking for some guidance here,   as with most people here left the UAE due to complications with my work, I came back to the UK over 6 years ago now and my brother has started to receive letters from IDRWW over the last 5-6 weeks asking to make contact or they will take it further. We are twins but our middle name is different.   He has made no contact with them as said it has nothing to do with him and they are contacting the wrong person. I did originally try to contact the bank when I originally came back to set up a payment plan to pay it off but they were not having any off it. The original debt was around £10k but the letter states 7 times the amount!    Looking for some feedback here, does my brother continue to ignore their letters? I have a home in my name and my wife's and I can't under no circumstance jeopardise that or risk it especially in the current climate.    Thanks in advance. 
    • Hi,   I work for a delivery company based in South of England that employs 3 London drivers. We only work 3 days a week and a total of 21 hours.   We were all placed on 80% Furlough again last December, in which has been extended until end of September 2021.   We all received an email a few weeks ago to advise that they were intending to resume London deliveries on Monday 12th April and due to the reduced number of customers that only one driver would be required.    One of the drivers resigned, so there is now only two of us. Therefore they suggested that we alternate between the two (some days furlough / some days full pay) but no holiday to be taken in the meantime due to no cover. Can they chose to do this, while using the furlough scheme?    I am not trying to look a gift horse and I am grateful to still have a job but I am only trying to cover myself from any possible implications in the future.   On checking my payslips in which I had to request as they were not forwarded, should the Furlough gross figure equate to 80% of my usual gross monthly salary?   Also if any holiday pay taken during furlough, should it be paid at 100% of my daily pay and not 80%?   Should my Work Place pension, tax and NIC be deducted from monthly pay?    Should the notification have been in writing rather than a brief email? Should there have been anything else to mention or agreed to?   There is also the issue about being asked to return to work considering that drivers have not been vaccinated or do not feel safe and we have received no delivery covid protocols information.   I have tried looking at the government and other websites but all seems rather unclear.    Apologies for all the questions but any advice would be appreciated or what I need to review or ask.   Many thanks for looking.    
    • It has been pointed out by rereading the contract:   The contract says, Vehicle Control Services, Company Number 02881745 but Companies House says this is the company number for London Southend Airport Company Limited. The contract says the client is London Southend Airport Company Limited, Company Number 02078271, but Companies House says this is the company number for the East Midlands International Airport Limited. A doubly false instrument.   How funny!   Can I object the appeal the application? if so what's procedure?   Obviously the application completely ignored the second judgement:  The Claimant's representative stating that without such information and evidence the Claimant could not prove his claim.
    • Firstly, I am sorry if this is the wrong place to post this. I am new here and a bit unsure as to how it all works.    My issue is with a contract for a gym membership. I took out a 12 month membership in October 2020. I wanted to hand in my notice for this October. I have been informed that I will be able to leave the gym in April 2022. I have made a complaint and made reference to The Consumer Rights act and letting them know that what they are dong is unfair. I Specifically directed them to Schedule 2 Consumer contract terms which may be regarded as unfair :  A term which has the object or effect of making an agreement binding on the consumer in a case where the provision of services by the trader is subject to a condition whose realisation depends on the trader’s will alone.  A term which has the object or effect of automatically extending a contract of fixed duration where the consumer does not indicate otherwise, when the deadline fixed for the consumer to express a desire not to extend the contract is unreasonably early. A term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract.    Their response was the following:     In response to your first email, regarding a cooling off period, looking at your accounts, both you and your partner used the club after signing the membership amendment, before the closure in November and again before the closure in December.  Therefore the cooling off period is not applicable in this particular situation.   Please see below a link to our terms and conditions.   https://www.roko.co.uk/membership-terms   As you will note under Clause 2.3, it states clearly (in italics)   ‘For the avoidance of doubt, you are obliged to make every monthly payment regardless of non attendance, whatever the reason for non attendance might be, except during suspension of membership with prior notice in accordance with clause 4 below.’   Clause 4 only allows suspension for specific reason.   The contract therefore is not voided by a pandemic and the contract obligation to pay is not impacted by the fact that a pandemic has been the reason for non attendance, as pandemic is not a contractual reason for suspension.   The Club, in recognition of this, have extended the reasons for suspension under clause 4 and ensured that all memberships have been suspended (without the £5 per person fee) whilst the club has been closed due to the pandemic.  Under clause 4.3 and 4.4 it clearly states ‘suspended members must honour their minimum membership period at the contracted rate upon returning from suspension.  Notice cannot be served under suspension’ and  ‘Suspended months do not count towards the minimum membership period’.   Once the Club was reopens and the suspension period ends, the contract terms above remain in force in respect of the notice period and the minimum term.   Roko have always worked closely with legal authorities and in a recent investigation (Sept 2020) by Trading Standards it was subsequently confirmed that our terms and conditions meet current guidelines and no unfair terms or business practices which affect the collective interests of consumers could be identified. It was also found that the suspension process implemented by Roko during lockdown was fair to members and that cancellation notice provided by members during lockdown does not count towards the notice period of the membership.   I hope this addresses the specific legal questions that you have raised in respect of the contract. This is the position advised by our legal team who would be happy to discuss this with you.   To reconfirm, I have amended our records as follows to ensure the membership ends at the 12 month mark: ·         First Months’ Notice – 1st February 2022 ·         Second Months’ Notice – 1st March 2022 ·         Third Months’ Notice – 1st April 2022 ·         Final Day In Club – 30th April 2022   As previously mentioned, there are a couple of alternative options available.  These are:   1)       You can pay a settlement fee to terminate the membership earlier than the minimum contracted period   2)      Transfer the membership to a family member or friend who will take over the membership as their own and carry out the remainder of the contract.   Any help/advice would be great.  
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    • 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.
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      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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Big Pants v. First Direct. **WON**

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Signed up and sent my DPA request letter a few weeks ago, but didn't want to start a thread until I found out how much I was owed. Oh that I could go back 25 years and sue NatWest for my student years. I graduated (in '89) £10k overdrawn - of which I reckon more than half was charges & interest :mad:


Anyway, it transpires that over the last 6 years First Direct unlawfully charged £1668.50 to my sole cheque account, and £999 (which would be amusing if it wasn't so annoying) to our joint account. Both these sums are net of any interest - though if it goes to court (please God) there's an additional £766 at the 8% statutory rate.


But I have a question. I was always overdrawn. Each of these charges therefore cost me additional interest, to which I believe I am entitled as I can prove the fact (given that I was always overdrawn :eek: ).


How please, should I go about claiming that interest by quoting it in my prelim letter? I'd really appreciate a steer.


I also intend to claim for both accounts in the one letter, which seems to be common practice in the few cases where more than one account is the subject. Again, does anyone know any different? Please?


I can't thank CAG enough for the uplift this has given us - I like to think I can manage my money now, but it took me years to learn. The punitive effects of illegal policies like these only exacerbated the cost and misery for me. Nice to think we should get some back.


And I'll happily send 5%. God knows we could use every penny, with two kids 'n'all, but helping fund others to get what's theirs is a reet righteous result.

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FiveLaws very kindly pointed me back in the direction of the spreadsheets created by the wonderful Vampiress :p


Don't know how I missed what I was looking for first time around, but was happily able to calculate an additional £465 in interest charges that I had to pay as a result of the illegal fees being levied against my accounts.


Hence, this letter goes in the post today. Do let me know if you spot any issues.


moz-screenshot.jpgThe Big Pants Monkey House


First Direct

40 Wakefield Road


LS98 1FD



29th July 2006



Request for repayment of charges


Dear Sir/Madam,


ACCOUNT NUMBERS: 12345678 and 87654321



My request

I am writing to ask you to refund to me the charges which you have levied from my accounts over the last six years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.


Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my accounts. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.


I am frankly flabbergasted that you have operated my account in this way, as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.


What I require

I calculate that you have taken £1668.50 plus £396.93 which you have charged me in overdraft interest for the sum which you have taken from my account 12345678: Total £2065.40 .


Additionally I calculate that you have taken £999.00 plus £68.81 which you have charged me in overdraft interest for the sum which you have taken from my account 87654321: Total £1067.81


In total I calculate that you have taken £3133.21 unlawfully from my accounts over the last six years alone, which I would request you return to me.

I enclose a schedule of the charges which I am claiming with this letter


My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.


I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.


If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.


After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.


Yours faithfully


He of the Big Pants


It's cross yer fingers and wait time now...

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  • 3 weeks later...

No response barring the standard "here's a leaflet" and "we'll get back to you within 10 days" (which they didn't), so LBA sent today. With the closing paragraph "First Direct, I'm surprised and disappointed. Shame on you."


Hoping to reach closure on this around the end of the month. Fingers crossed.

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So. A letter yesterday from John Ruane. "Confident of their position... blah blah...

...However, mindful of management time & irrecoverable legal costs (yeah, they are irrecoverable when you lose, aren't they?)... Prepared to make a payment of £2112 in full & final...etc" This against a claim of £3133.21. Dream on, John.


So far, so exactly as laid out in these wonderful forums. I have been invited to escalate my concerns, so will be dropping Robert Kernaghan a note shortly :rolleyes:


Can't wait to file the MoneyClaim. The 8% interest would be extremely handy.

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  • 5 weeks later...


Should I now be concerned?


FD wrote to me a while back offering £2112 in "full and final" against my claim of £3133.21 + interest.


Sent back a "thanks but no thanks" response, reminding them of my timetable for action, which crossed in the post with another offer from them of the same amount, which stated that this would be their final communication on the matter.


Filed Moneyclaim on September 5th, and received notice from the court that DG Solicitors intend to defend the action (dated 13th September).


Can't find too many cases similar to mine, and I'd be really grateful for any guidance or reassurance others might be able to offer. I'm beginnning to wonder if I fouled up somewhere, though I don't believe I have...


Can anyone lay my fears to rest?

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  • 2 weeks later...
Thanks for the support. Much appreciated.


So you think they'll still make an improved offer before it gets to court?


Have they settled yet, just interested to see hwo it all went.

Haven't seen too many posts of settled claims recently?

I love the smell of banks coughing up refunds early in the morning

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It all happened yesterday, but I've been too busy (and too depressed at the overall state of things) to post.


Yep. All is settled - so I must email the mods and also send my 5% with grateful thanks!


£3310.99 refunded in illegally taken charges (after much arseing about and an unfeasible delay in crediting my account). Strangely there was no comment from the solicitors on my suggestion that we discuss confidentiality as a separate commercial agreement at £5000.


One in yer eye for the banks' dodgy behaviour - despite their professed confidence if it did go to court.


So stick with it everyone. You can do it.

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Just to point out the charges are unlawfully taken, not illegally, there is a big difference

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.


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Just to point out the charges are unlawfully taken, not illegally, there is a big difference


My apologies. Recognise the difference in legal semantics - poor choice of words on my part.



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Big pants, might I know you from another forum of the wedding kind?

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!


Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.


MBNA - S.A.R sent 13/9/2006 :idea:


Mint - 244.00 prelim sent 30/9/2006


Dorothy Perkins and GE money - S.A.R sent 30/9/2006


Simpley BE - S.A.R sent 30/9/2006


What I say is of my own opinion. Seek professional legal advice if need be.


If I have helped, tip the scales! Thank you x :)

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Waaaah! Sorry! I got you confused with a big pants that was on a wedding forum at the same time as me when I was getting married!




If I wasn't married, I might proposition you ;)

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!


Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.


MBNA - S.A.R sent 13/9/2006 :idea:


Mint - 244.00 prelim sent 30/9/2006


Dorothy Perkins and GE money - S.A.R sent 30/9/2006


Simpley BE - S.A.R sent 30/9/2006


What I say is of my own opinion. Seek professional legal advice if need be.


If I have helped, tip the scales! Thank you x :)

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