Jump to content


  • Tweets

  • Posts

    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
    • Ok thanks, I really need help with my mental health over this I’ve called 111 Hi sorry just one more thing can they contact my workplace?
    • Sorry to shatter your leftie dreams 🤣😂🤣😂     Donald Trump gets a SIX-POINT bump in approval after being found guilty on 34 counts according to snap Daily Mail poll: 'I think it was a waste of taxpayer money' WWW.DAILYMAIL.CO.UK Teflon Don rides again, according to an exclusive poll for DailyMail.com which found that the guilty verdict in Manhattan... James Johnson, who conducted the poll, said Trump might be waking up as convicted felon but he was winning over the voters who matter.   Our snap poll of a representative sample of likely voters shows that for most Americans the trial has not changed their deep-set views of Trump,' he said.  'But amongst those who are open to changing their mind, people feel more positive by a margin of 6 points. That is outside of the margin of the error of the poll and we are saying that is significant. 'It extends to Independent voters too. Look at the explanations and it is clear why: people feel it was a politically motivated trial and view Trump as a "fighter" against what they see as injustice.     
    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

M&S Chargecard/credit card PLEASE HELP *** SUCCESS ***


emmtay
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4371 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 129
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Ok so June 2006 was when they automatically changed this store card to a credit card.

 

Looks like the have used the right formula up to June 2006 and then applied the statutory interest from that date up to the date of settlement.

 

That would be right had the account been closed as it would conform to the FSA/fos rules.

 

However, the balance on the store card was transferred to a credit card and the balance included the PPI. From that point they were still charging contractual interest on the credit card so some of that interest was charged as a result of the included PPI balance.

 

So I would think it reasonable that you should get that back.

 

The overriding principle is that you should be put back in the position you would have been in had the PPI not been applied in the first place. The balance on the store card would have been lower at the point of transfer and subsequent interest would have been lower.

 

I can't see that they have made any provision for any interest refund after the account was made into a credit card and if it were me I'd question that with them.

 

ims

 

Link to post
Share on other sites

Hi ims

Thanks for that, so, what should I tell them they should change? Or should I do a different spreadsheet and send that to them and explain what they're doing wrong? If so, please can you tell me which spreadsheet to do and what interest rate to use and for what period as I'm getting a bit confused now.

Thanks

emmtay

Link to post
Share on other sites

Hi ims

Thanks for that, so, what should I tell them they should change? Or should I do a different spreadsheet and send that to them and explain what they're doing wrong? If so, please can you tell me which spreadsheet to do and what interest rate to use and for what period as I'm getting a bit confused now.

Thanks

emmtay

 

If they were charging you contractual interest on the balance after 2006 then ask them why they have made no allowance for this in their calculations. Point out that the balance still included the PPI and therefore part of the contractual interest post 2006 was as a result of the balance being higher than it would have been had the PPI not been in there. See what they say.

 

Hi again

No it was June 2003 when they changed it to a c/c from a store card, so nearly 3 years as a c/c with a much higher balance!

cheers

 

So they have accounted for contractual interest from 2003 to 2006 and from then on see the point above.

 

 

another thought...surely the statutory interest should be from first premium until settlement?

 

No...see my previous posts on how the regulatory method calculates the statutory interest

 

ims

 

Link to post
Share on other sites

Not a good result...here's their response-

 

Thank you for your email which I received this afternoon. I am sorry that you are still unhappy with our calculations and offer of redress.

 

Our Finance department has reviewed their calculations and firmly believe that the refund is correct.

 

They have confirmed that all contractual interest has been refunded.

 

The 8% statutory interest has been calculated on all the PPI premiums paid, which is the compensation to place you back in the position you would have been if the PPI hadn't been charged.

 

We believe the compensatory payment of £200 due to our initial error when calculating your refund is fair and reasonable.

 

As I previously informed you if you disagree with our calculations and redress then you must go back to the ombudsman and ask them to review our calculations.

 

Once again, I am sorry that you remain unhappy with our offer and compensation and I hope I've made M&S Money's position clear.

Link to post
Share on other sites

Write back and say that they haven't answered your question and you want a written reply. Remind them that you have asked a specific question and you want a specific answer.

 

Forget court at the moment

 

Link to post
Share on other sites

Hi ims

As I thought, this was their answer....

 

Thank you for your email dated 03 June.

 

As I stated in my email to you on 01 June, our Finance department has

checked the refund of your Payment Protection Insurance (PPI) policy. The

calculation is correct and is in line with the Financial Services

Authority's (FSA) redress policy. In addition, the refund is in line with

the calculations that the Financial Ombudsman Service (FOS) use for the

redress of PPI.

 

With regards to the amount of compensation for our initial error in

calculating your PPI redress, M&S Money firmly believes this is fair and

reasonable.

 

In my last email, I did inform you to contact the FOS if you want to take

this further. By mentioning this again, I don’t wish to cause any more

upset. As I can’t help you any further you will need to ask the FOS to

review our calculation and compensatory payment

 

Once again, I'm sorry that you felt it necessary to contact me about this

matter and I trust I’ve been able to clarify our position again

 

I have sent a reply once again asking for an answer to the question, but i don't hold out much hope.

 

I really don't know what to do next...do I contact the FOS again, or what are my chances in court do you think? I don't have any experience in court, althoug i did claim my bank charges back through MCOL.

Any advice greatly welcomed :)

Emmtay

Link to post
Share on other sites

You need to press for an analysis of the calculations. If the lender will not provide them then fos can force them to give the breakdown.

 

If you look at the case studies and guidance on the fos website the lender is required to provide this information.

 

Link to post
Share on other sites

If you can find a similar situation on the FOS site - then you could bring this to the attention of the person you have been in communication with. Or you could ask for your "complaint" to be shoved up the chain of command!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi, had a good search on FOS website and cannot find anything similar to mine :(

Not had a reply from M&S yet...normally they reply within 24 hours, so hopefully he is getting me the answer this time!

Link to post
Share on other sites

Hi

Yet AGAIN, 3rd time now, I have received the same email just saying they believe the calculations are correct, blah, blah...to which I have now emailed the following.

 

 

 

Dear

I am not sure if I am not explaining myself clearly enough, but I STILL am not getting the answers to the questions I asked. Therefore, once again, I am asking for specific answers to a specific questions, and also require a FULL breakdown of how your figures have been calculated in each stage.

'The balance on the store card was transferred to a credit card and the balance included the PPI. From that point you were still charging contractual interest on the credit card so some of that interest was charged as a result of the included PPI balance, so I should get that back.

The overriding principle is that I should be put back in the position I would have been in had the PPI not been applied in the first place. I can't see that you have made any provision for any interest refund after the account was made into a credit card ?

If you were charging me contractual interest on the balance after 2006 then why have you made no allowance for this in your calculations. The balance still included the PPI and therefore part of the contractual interest post 2006 was as a result of the balance being higher than it would have been had the PPI not been in there?'

 

 

According to the rules, the lender is required to provide an analysis of how the figures are arrived at, and the complete workings. If the lender will not provide these then FOS can force them to give the breakdown.

PLEASE do not just send the same reply as you have done in your last 2 or 3 emails; IF your finance department are unable to answer these questions, then it is transparent that they do not know what they are doing.

I look forward to hearing your response urgently.

Yours sincerely

 

Emmtay

Link to post
Share on other sites

I dont think you could have made it any clearer.. lets hope they pass it on to someone who understands the question.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...