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    • thanks all for your great advices and helps so far.   After self-report the event and telling all the truth to my employer, I am now on suspension pending the investigation. I was given the impression that dismissal without notice is very likely.   If this happens, my right to live in the uk will be immediately revoked so I might not be able to stay until court date.   Does anybody know TFL prosecutions team's direct contact number so I can discuss with them how to close the case if I have to leave the UK..   thanks in advance
    • Would it be easier to tell them that you have a protected characteristic if one's been diagnosed and tell them which adjustments you need?   Could someone speak on your behalf if you authorise them to speak to the bank when you're together?   HB
    • Make sure that you track the return of the item and keep a paper trail of its safe delivery.   In the meantime, register with Moneyclaim and start preparing your claim.  99% they will not respond to your LBA or else they will refuse you so get ready now.
    • Then you need to ask them to explain why they have breached their stated policy for data retention.  Also ask them to commit themselves that they do not use some other data storage service/archive.  If they refuse to confirm then you might then say that you will proceed to a hearing -although could be risky.  You could tell them that if you withdraw the case it will be on the basis that they agree in writing that they have breached their own policy. I'm afraid that I haven't gone through the whole thread or refreshed my memory of it
    • I wonder why their support agent didnt seem to think so... I asked them to escalate my issue so we will see.. maybe its because I couldnt provide a specific transaction/transaction date? Anyway I am sending a letter so hopefully that will work.   This is what I am writing:     Dear Sirs,   Account no: XXXXXXXX Card no: XXXX XXXX XXXX XXXX   Please act upon the following instruction with immediate effect:   I withdraw my authority for all future payments to be debited from the above account/card number by PayPal, including continuous payment authorities (the Payment Services Regulations 2009 apply).   FCA regulation states that “you do have the right to cancel directly with your card issuer. Once you have done this, it must stop payments immediately – it cannot insist that you agree this with the company taking the payment first.”   Please confirm in writing that you have received and actioned this instruction.   Yours faithfully,   XXX XXX
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MARTIN3030

Something to use where Egg say they will only pay 12.00

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Heres a very good piece to put in your defence and argue at trial-in particular if you have multiple charges that were applied consecutively.You should use both arguements.

 

 

 

Now that the the OFTs rulings have been universally applied, and them saying they would take legal action against Credit Card Companies levying default charges above £12.00 each,

we are now starting to see Credit Card companies only agreeing to refund the portion of every charge over £12.00. In fact CitiCards supposedly "proved" (I'm using the term very loosely) that this is the amount it costs them per default.

Actually Citi claim that it costs them MORE than this !!!

 

To counter this strategy, it is necessary to use what I call the "consequential charges" arguement. In short what you argue is that but for the bank levying the first X unlawful, or partially unlawful, charges (usually a small number) then you wouldn't of incurred ANY of the other subsequent charges. Accordingly the subsequent charges should be refunded in full.

 

To illustrate this example lets assume that when you first open your account you incur £250.00 of default charges in your first two months of holding the account. Let's further assume that at every subsequent incidence of you incurring a default charge the balance of your account at the time is such that you wouldn't of incurred such a charge but for the PREVIOUS unlawful charges (i.e. you wouldn't of incurred the charge but for the previous £250.00 of charges levied on your account). Under such circumstances according to the BANK'S reasoning you would be entitled to a refund of every one of your "subsequent" charges in FULL and the portion over £12.00 of the initial charges.

 

A second arguement is the "inflation" arguement. Basically, the arguement goes that £12.00 today would be equivalent to £10.00 six years ago. Not much of a difference but the combined effect of this and the above arguement, in some circumstances, can be much more effective than the above one on its own.

 

Both of the above arguements would usually be brought up in a reply to a Defence. It is important to put at the start "the Claimant denies the Defendant's allegation that the Defendant's refunding of the portion of every charge over £12.00 relieves it of its liability to the Claimant".


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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