Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • ok again thanks for all advice , im going to continue and struggle on paying the wifes debts and maybe look at getting reduced payments but as for mine i think ill go down the DRO route and try get it sorted but will see and open new bank account somewhere first
    • Nothing to do with your own Bank.     Try to withdraw the money from Parentpay early next week and if no joy contact them.   It may be that the money is showing, but has not fully cleared on their system,
    • Hi all,   Just an update with contractual terms. These terms are from a contract at a similar time to when Tracey started as we think they have changed since.   The contract reads as follows:   Termination of employment  Xxxxxxx (Nursery) will provide written notice of termination of your employment in accordance with statutory requirement (currently 1 week’s notice for each year of continuous service, up to a maximum 12 week’s notice).   Once you have successfully completed your probationary period for the company you are required to give 1 month’s written notice of termination of employment.   Regards   Matt             
    • Thanks for helping with the post;   Still waiting for a reply from the DPD.
    • I thank the Consumer Action Group Members for getting me this far in my case which is still in progress.   Situation: The Court has reversed earlier permission for me to rely on witness summaries.    The question upon which I am seeking help, please,  is - do I need to bother myself as to why the Court has reversed permission to rely on witness summaries?  If so, what line of logic or law can might I follow because clearly, the Court has said one thing and then another a few weeks later, of its own motion, the Court has reversed the earlier decision. I find this development quite extraordinary in the sense that as a result of being granted permission earlier, I served the three Witness Summons which had the Court stamp.   Background Having given me permission to serve 'Witness Summons' which I served on 3 hostile witnesses several weeks ago, the Court has now reversed it's earlier decision, and refused me permission to rely on 'witness summaries' pursuant to paragraph 32.9(2), citing that I have not shown steps taken to obtain witness statements from the 3 hostile witnesses.  I however, made two attempts to talk to the hostile witnesses who have been non responsive and I can evidence this.   I would be immensely grateful for some steer from Forum Members, please.
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 6 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
Preciouschick

Rights over where refund is paid??

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4024 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

 

I'm in the middle of an ongoing battle with Halifax to reclaim bank charges, they have started to make offers of settlement but are sending forms for the refund to be paid directly into my suspended Halifax account.

I am on a debt management plan and as a result changed from Halifax to Barclays to prevent Halifax offsetting anything, my Halifax account is open as I am repaying them an overdraft on my DMP but it is suspended. If I accept an offer of settlement from Halifax can I insist that it is either paid into my Barclays account or sent by cheque? I am in financial hardship and if possible would rather have use the settlement money rather than have it swallowed up in my suspended account.

Any help would be appreicated as I'm not sure where I stand on this.

 

Thanks

Share this post


Link to post
Share on other sites

This is something thats not unique to HBOS -others are trying this one too-including RBS.

Lets put it another way....if you took them to Court-then they would have NO RIGHTS to make decisions on how the refund would be paid (appropriated to you).....it would be clear.

 

Unfortunately the FOS are taking the view that charges should not automatically be refunded directly since they maintain that the decision as to whether charges are unfair or should be refunded-has not yet been made by the Courts.

Instead there is more focus on reducing payments or freezing interest or as with this case-reconciling the charges against outstanding debt/or alleged debt.

 

You have the option of making it clear that you consider that you have a right to have any refund appropriated as you dictate for example payment directly to you.

HBOS will not pay directly into non HBOS accounts-refunds are made by cheque or else into HBOS accounts.

They are likely to tell you that if you do not accept their terms then they will withdraw the offer and invite you to wait until after the test case.

What is the amount they are offering ?

What is your total charges ?

How much is the overdraft for ?

What proportion (if any) is associated with charges ?

maybe can add more if you answer these points.


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.

 

 

Share this post


Link to post
Share on other sites

Martin, unlike First Right of Appropriation, you do not have the right of appropriation on a bank charges refund. The Right of Set Off over rides this, however it might be worth seeing the final response letter and working on the basis of that with the FOS or bank.

The argument is to start with about how there were insufficient funds in the account at the time that payments bounced, ie loss of hours/job and the way the charges took money away from priority creditors and the effects that had on the ability to pay them.

I would say that the approach is one where you are claiming the full amount but asking for say priority debt arrears to be paid plus any amount that takes the account under the limit and suspension of the charges for say 3 months to allow you the chance to budget without charges and reorganise your finances. If they say NO, then depending on the final response it can be arguable with the FOS(if you have final response) then approximate timescale is 12 weeks tops on a clean case where all the paperwork is submitted.


.

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

Share this post


Link to post
Share on other sites

YB I did not say there was an automatic right to appropriation-I said if it was in Court they would be given it automatically-and it would be up to the bank to counterclaim in their defence.

I said "You have the option to consider"

 

The questions asked were meant to determine if the overdraft is made up of charges or parts of it are.

If this was the case then the OP can offer good reasoning as to why they should be given ROA.


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.

 

 

Share this post


Link to post
Share on other sites
YB I did not say there was an automatic right to appropriation-I said if it was in Court they would be given it automatically-and it would be up to the bank to counterclaim in their defence.

I said "You have the option to consider"

 

The questions asked were meant to determine if the overdraft is made up of charges or parts of it are.

If this was the case then the OP can offer good reasoning as to why they should be given ROA.

Why not ask about priority debt arrears? They are the cornerstone usually with Hardship claims and the way the charges have worked against the individual by taking funds away from them.

FOS consider Right of Set Off above Right of appropriation on bank charges claims.

If the bank lowered the overdraft at the same time as they refunded then yep that is challengeable with FOS but their view is that refunds under hardship should go into the account they came from.


.

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

Share this post


Link to post
Share on other sites

Just for reference YB I have done a hardship claim with HBOS myself and was paid charges in full worth around £1400 AFTER earlier refunds settled in full after N1 issue.

 

Additionally I have assisted 2 neigbours and 2 friends -all 4 have had refunds.

I am also assisting a further 3 which are ongoing with the FOS and concern different banks.

 

I therefore assume some knowledge and experience in this area,and in fact was posting on Hardship back in 2006.

I was also responsible for the hardship temps along with another team member.

Just thought I would let you in on that.


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.

 

 

Share this post


Link to post
Share on other sites

Just for clarification, I spoke with an ombudsman who asked that I not name them specifically about appropriation of refunds cos it annoyed the living daylights out of me that banks took the first bite of the cherry under hardship and didn't give a stuff about the priority debt arrears. In fact I had a couple of conversations with the FOS specifically on this topic which moved onto how the FOS deal with hardship, timescales, and paperwork involved and their overall view as to how hardship works and what they would be looking at. I appreciate that you have had a claim which is something I haven't done.


.

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

Share this post


Link to post
Share on other sites

Thank you for the responses. I'm not claiming under financial hardship at the moment. I am trying to claim back about £1000 in charges and am currently being offered about a third which I am not sure I will accept at this point. My overdraft is about £3500 and I am paying it off at just over £100 per month. I have not incurred any bank charges in the last year or so meaning the overdraft wasn't caused or increased by any bank charges, they are older charges I am claiming back. If I did accept an offer it will not clear my overdraft. I do appreciate it is better to have this debt reduced than get nothing at all but I have some family debts which would be nice to pay off. I don't feel that it is right that they can dictate what a 'settlement' should go towards.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...