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    • As you have made this so black and white, I have just realised I have probably made a total mess up here 😕   Yes, the original RBS mortgage from 1999 changed in 2009 to a buy-to-let with a different mortgage company, for the same property.   As I thought I had to have a life assurance, this would be ok, even though it was a much smaller amount.   It states the policy holder as myself and the property address and says 'in return for the payment of agreed premiums the company will pay the benefits in accordance to the policy conditions' it doenst really specify who would be paid. I have actual document here.   Something to mention, when I bought this property it was uninhabitable and I have never actually lived there. It was empty for ten years until 2009 when I got some additional borrowing, renovated it and let it out.   In 2011 therefore when it changed to Aviva, that mortgage had been paid off 2 years before.   I have a feeling you are going to say it was my responsibility to have cancelled the policy in 2009 with RSA or with Aviva?     As I had been advised by RBS, I thought I had to life insurance/assurance of some kind as I had a mortgage.      
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    • Credit file: One account(showing balance of £0 due) for main line showing missed payments from December 2020 (when the contract itself was terminated in August 2020). One account(showing loan of £204 due) for second line showing as being in default since November 2020. As a result of these my credit score has gone down-this is due directly to these two accounts which showed on my credit report as a 'negative factor'   Credit disadvantage: When my Virgin contract ended, I attempted to take up a new contract with another company. I was prevented from doing so at Vodafone as they required a deposit of £150, plus I would not be entitled to the free handset, but would have had to pay £179 for it and the monthly payments would be increasd. I was able to take out a handset at Three, but again instead of being entitled to it free, I had to pay £189 for it.   I will check carefully to estimate the amount of time involved-I have queries going back to October 2019 attempting to deal with this.   I have also received from Virgin another letter giving me the password to unlock the files they sent me(shame it doesn't actually work) and a second email again confirming they will erase my data unless they have to keep it.   I'm wondering if they're planning to use that email as their response for the ICO where he gave them until March 11 to either tell me what they are going to do to put things right or explain why they believe they have met their data protection obligations'?      
    • “We want to get Amigo back to life again” – CEO’s statement as lender posts £87m loss View the full article
    • My case is adjourned to this Month. I'm about to send out my Supplementary Witness Statement. Could someone please check if the following is efficient? My court cost is now over £1000 as it was adjourned 3 times  Thanks!   Supplementary Witness Statement to address the new case exhibits introduced at the hearing on 10 November 2020   VCS v Ward  1.       This case is often quoted by the claimant as assisting their case. However in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location. Both involve flawed reasoning and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest.  Semark-Jullien Case  2.       Whilst it is known that another case that was struck out on the same basis was appealed to Salisbury Court (the Semark-Jullien case), the parking industry did not get any finding one way or the other about the illegality of adding the same costs twice. The Appeal Judge merely pointed out that he felt that insufficient information was known about the Semark-Jullien facts of the case (the Defendant had not engaged with the process and no evidence was in play, unlike in the Crosby case) and so the Judge listed it for a hearing and felt that case (alone) should not have been summarily struck out due to a lack of any facts and evidence.  3.       The Judge at Salisbury correctly identified as an aside, that costs were not added in the Beavis case. That is because this had already been addressed in ParkingEye's earlier claim, the pre-Beavis High Court (endorsed by the Court of Appeal) case ParkingEye v Somerfield  a. (ref para 419): https://www.bailii.org/ew/cases/EWHC/QB/2011/4023.html  ''It seems to me that, in the present case, it would be difficult for ParkingEye to justify, as against any motorist, a claim for payment of the enhanced sum of £135 if the motorist took the point that the additional £60 over and above the original figure of £75 constituted a penalty. It might be possible for ParkingEye to show that the additional administrative costs involved were substantial, though I very much doubt whether they would be able to justify this very large increase on that basis. On the face of it, it seems to me that the predominant contractual function of this additional payment must have been to deter the motorist from breaking his contractual obligation to pay the basic charge of £75 within the time specified, rather than to compensate ParkingEye for late payment. Applying the formula adopted by Colman J. in the Lordsvale case, therefore, the additional £60 would appear to be penal in nature; and it is well established that, in those circumstances, it cannot be recovered, though the other party would have at least a theoretical right to damages for breach of the primary obligation.''  
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my fault or barclays?


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HI guys, this is my first post on here, read up on mr moneysavingexpert etc and sorted a few debts off my own back but this one has got me a little worried...

 

few months back I changed from Barclays to alliance and leicester (sorry santander now), having read they were a "better bank" to be with. so after a messy long winded change over I was left with a debt to barclays of about £150 in my personal reserve, not agreed overdraft, just before i changed over completly I put in for my bank charges claim too through the martin lewis website letter templates etc and "awaiting outcome of test case", but this over draft thing is now up to £287.31 and it has been passed the "collections department". now i understand its probably my fault for not sorting it sooner but other bills/ car problems and all the other cr*p life throws at you came first.

 

Can anyone help on how to resolve this either by telling me how to completely remove this debt or atleast the charges, and I pay back the £150 over time.

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Hi Darkmatter and welcome to CAG. :)

 

Have you filed a court claim yet for the return of the charges. If not, you should do so now.

 

I assume, as it's for recent stuff, you have all the necessary statements with details of charges/reserve fees and interest charged.

 

If the £150 debt that was left was made up of charges, you should reclaim the charges and all associated interest.

 

If some of the £150 was not in respect of unfair charges, you may have to repay this to B's to settle the matter.

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I take it the overdraft etc is made up of charges applied to your account?

 

Even if you have the statements you need to make a subject Access Request, as the information you are seeking includes manual intervention, charges calculated etc which is important as you progress your claim.

 

You need to not only make an initial request for the charges to be repaid, but also state that the account is in dispute - this gives you the possibility of preventing debt collection action.

 

Consider sending a Consumer Credit Act request - this can arguably apply to overdrafts etc - but again it assists you in stopping/delaying debt collection. If a DCA is assigned write to them stating that the account is in dispute. Also consider using CPR requests.

 

Of course if they have all the documents this may cause you problems - but if this is caused by bank charges then you should be able to progress to a claim which may be stayed - you may then be able to delay any DCA until the OFT case is complete.

 

Good luck ..............

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Thanks for you replys guys! im going to have to look through my statements and see if it was my fault or their charges for the £150 extra usage fee, i know since that time the extra charges have been added are down to barclays but as im not in "hardship" ill have to wait for the test case in OCTOBER (I found out on GMTV today) to end, is that right? unless i go though a claims compnay which is alot of hassle for £150 no?

 

Thanks again

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Hi DM,

 

Using a claims company won't speed things up at all as any claim will still be Stayed until the Test Case is over. And it'll probably cost you more than the claim itself. :eek:

 

When you discover what you need to reclaim, send off a Prelim Letter. Read about the whole process in the Reclaiming Guide at Link No1 in my signature below. :)

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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