Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • FTMDave
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By FTMDave · Posted

      Open.
    • jk2054
      MCOL help not being paid for job

      By jk2054 · Posted

      did you submit your directions
    • Lorenz
      MCOL help not being paid for job

      By Lorenz · Posted

      They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • lookinforinfo
      ECP ANPR Lease CAr PCN - MFG Esso Cobham serv station A2 Trunk Road, Cobham DA12 3BH

      By lookinforinfo · Posted

      The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #2 - MBNA CC

      By Badtimes123 · Posted

      They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location

  • Recommended Topics

  • Our picks

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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

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

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Nawest giving £5000 charges back under Hardship. Do they HAVE to put in my overdraft?

Guest flubdub

By Guest flubdub
in NatWest Bank

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5436 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

Guest flubdub

Guest flubdub

Posted
Posted

They have agreed to give me over 5K of charges back, however my overdraft is £1700, AND as my account hasnt been used for years (because my natwest loans come out of that account and I could afford to pay them) the balance is now around £4000 overdrawn!

I have asked them if they can pay me in cheque (so that I can put it in my other account, and get the full a amount) bu they said "No! Because they account is still open". However, they did stop me using it about 18 months ago, I cant use it, and cant even check my balance anymore on my online banking.

 

So, if it goes into my natwest account, I am only going to be able to get about a grand out, and as my house is being repossesed etc, this isnt going to be much use.

 

Is there anything I can do?

We're desperate.

Thanks

Link to post
Share on other sites
yourbank

yourbank

Posted
Posted
They have agreed to give me over 5K of charges back, however my overdraft is £1700, AND as my account hasnt been used for years (because my natwest loans come out of that account and I could afford to pay them) the balance is now around £4000 overdrawn!

I have asked them if they can pay me in cheque (so that I can put it in my other account, and get the full a amount) bu they said "No! Because they account is still open". However, they did stop me using it about 18 months ago, I cant use it, and cant even check my balance anymore on my online banking.

 

So, if it goes into my natwest account, I am only going to be able to get about a grand out, and as my house is being repossesed etc, this isnt going to be much use.

 

Is there anything I can do?

We're desperate.

Thanks

 

I would write to them asking that they send a cheque for the arrears on the mortgage and send them copies of any notices for repossession. Make them aware that they are not a priority debtor and I would probably say to them that the cheques need to be made payable to (name the mortgage company, utility company, etc,etc,) so that it is clearly going to alleviate your hardship.

Will the amount they pay out clear debts with NatWest and leave sufficient to clear the mortgage arrears?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites
Guest flubdub

Guest flubdub

Posted
Posted

No, the bank loans are about £13,000 and mortgage arrears of about £5000.

If we pay the mortgage arrears, we'll still be evicted, my partner has lost his job, and I dont work. We have already found somewhere new to live as weve been given 56 days to get out, which there is about 45 left.

the bank has seen the eviction notices, but still insist on the money going on the overdraft debt.

It just seems like a year of fighting for nothing.

Link to post
Share on other sites
yourbank

yourbank

Posted
Posted

I've asked site team to have a look at the thread because I think there are quite a few issues that might be worth pursuing.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites
car2403

car2403

Posted
Posted

I'm unclear as to why you wouldn't use the £5k to pay the £4k overdraft, exactly?

 

There's no automatic right to offset in this way, but you'd find it hard to convince the Bank (and a Judge, should it get that far) that you should be repaid the £5k and leave the overdraft as it is.

 

:confused:

 

Link to post
Share on other sites
Guest flubdub

Guest flubdub

Posted
Posted

Ok,thanks everyone.

 

I'm unclear as to why you wouldn't use the £5k to pay the £4k overdraft, exactly?

 

There's no automatic right to offset in this way, but you'd find it hard to convince the Bank (and a Judge, should it get that far) that you should be repaid the £5k and leave the overdraft as it is.

 

:confused:

 

We wouldnt pay the overdraft off because weve got other things that need paying more than an overdraft, like one and a half years of council tax, and debts that we are actually paying, that are coming out of our accounts each month. Id rather pay those, then it would free up more money for us each month. We have two little children, and money is exceptionally tight, as I am sure you can imagine, given what I've said.

Link to post
Share on other sites
car2403

car2403

Posted
Posted

Ok, time to grab this by the gonads and see what happens, then.

 

Firstly, you need to CCA the Bank regarding the Overdraft. There's some links in my signature about how the CCA applies to Overdrafts, so worth reading those. You'll also find a template for a CCA request in the library. (Letter N) You will need to specifically ask for the documentation required by the OFT's Determination issued under s.74 CCA 1974. The Bank will reply telling you that your barmy for asking, as the CCA doesn't apply to Overdrafts, ner, ner, ner, ner, ner... They are WRONG! We will tell them that when they say this.

 

Secondly, have you SAR'd the bank regarding all those charges? Have you started a Court claim to reclaim them? etc...

  • Haha 1

 

Link to post
Share on other sites
Guest flubdub

Guest flubdub

Posted
Posted
Ok, time to grab this by the gonads and see what happens, then.

 

Firstly, you need to CCA the Bank regarding the Overdraft. There's some links in my signature about how the CCA applies to Overdrafts, so worth reading those. You'll also find a template for a CCA request in the library. (Letter N) You will need to specifically ask for the documentation required by the OFT's Determination issued under s.74 CCA 1974. The Bank will reply telling you that your barmy for asking, as the CCA doesn't apply to Overdrafts, ner, ner, ner, ner, ner... They are WRONG! We will tell them that when they say this.

 

Secondly, have you SAR'd the bank regarding all those charges? Have you started a Court claim to reclaim them? etc...

 

Great, sounds like a plan.

I have CCA'd them re the loans, and that was a whole other thread, as the supplied us with THREE other peoples bank details and signatures before they actually gave us ours.

Anyway, could you explain why there will be a CCA for an overdraft? I didnt think there was any for overdraft. Its just so I know in Lamens terms and I know what to say to them when they reply saying Im wrong :)

 

We did an SAR about a year ago for the charges, and it worked out at about £3000, but they are now offering £5200, after another years worth of charges.

No, we havnt started a court claim, do we need to if they have offered to give us the money back?

Thanks for the advice, its great

Link to post
Share on other sites
car2403

car2403

Posted
Posted
Great, sounds like a plan.

I have CCA'd them re the loans, and that was a whole other thread, as the supplied us with THREE other peoples bank details and signatures before they actually gave us ours.

 

Great - perhaps a thread for each of the loans, so we can see if they are enforceable or not is in order?

 

Anyway, could you explain why there will be a CCA for an overdraft? I didnt think there was any for overdraft. Its just so I know in Lamens terms and I know what to say to them when they reply saying Im wrong :)

 

One step at a time, my young padawan... ;)

 

You could start by reading the links about overdrafts and the CCA in my signature, below :D

 

We did an SAR about a year ago for the charges, and it worked out at about £3000, but they are now offering £5200, after another years worth of charges.

 

Wow.

 

No, we havnt started a court claim, do we need to if they have offered to give us the money back?

 

Nope, but they won't give the overdraft up without a fight so you may need to be ready to go there, if necessary.

 

Link to post
Share on other sites
Guest flubdub

Guest flubdub

Posted
Posted

Hi,I have already done a thread re the loands, hang on a sec, will find for you :)

Link to post
Share on other sites
Guest flubdub

Guest flubdub

Posted
Posted

Ok, so they will have sent a CCA for the overdraft, but I wont have signed it?

Link to post
Share on other sites
Guest flubdub

Guest flubdub

Posted
Posted

Excellent. Well they dont seem to be the best "CCA providers" in the world, so that may be worth a try.

We have only been given 60 days to sign the Acceptance of the £5000, and that was about a month ago. Is that just standers practice? If we questioned a CCA now, can the lower the amount after the 60 days are up?

Thanks car2403, you're very helpful!

Link to post
Share on other sites
car2403

car2403

Posted
Posted

If you have a written offer and you sign to accept it, they can't renage on it.

 

The enforceability of the overdraft is a completely different ball game to the charges complaint.

 

Link to post
Share on other sites
Guest flubdub

Guest flubdub

Posted
Posted

But if I sign the acceptance form, and send it back, they'll pay the bank charges straight into the overdraft account, and it will have gone, so then there wont actually be an overdraft anymore.

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...