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    • Hi Everyone, hope you are all keeping well in this strange new era.   On the 17th Sept, my friend booked a delivery to send a parcel to the USA, a vintage sewing machine. The collection and delivery was booked through MyParcelDeliver.Com, and UPS was the chosen courier. They collected it about four days later.   He paid for additional insurance along with the transportation of the item, to the tune of £128.75.   He packaged the parcel very well, packed with bubble wrap and paper and also styrofoam so that the sewing machine was safe in the box. He placed some plastic wrap over this, and he then sealed the box with tape. He videoed this for the buyer, so she could see how well he had packed the item because they were both concerned about the package being well protected.   The item arrived in the USA a few days later. The buyer instantly notified my friend that the parcel packaging was damaged, showing stress from water and general mishandling, and the item was also damaged in various parts, mainly the casing and the base.   He complained to MyParcelDelivery.Com on the1st October, they responded with 'You need to contact UPS...', which he did and also the buyer contacted them and got a response on the 2nd October.   UPS informed the buyer they would like to come and take a look at the packaging and the item, and this is the last she heard from them, she has called them several times, and always they say someone will call tomorrow and no one calls. She called my friend to ask if he could call them too and chase them up, he is Italian, and though he speaks English generally well, he asked me to talk with them on his behalf because he felt they were not listening to him or that he was missing something.   I spoke with them on the 26th October, they said they had sent my friend an email about this, we checked all of his emails, junk/spam too. There is nothing in there, I asked them to resend it, but nothing has appeared despite them saying they have sent it, we know they have the correct email address because they sent a message on the 2nd confirming they are looking into the claim of a damaged package, they also said they were planning on calling the seller 'again' on the 27th, which of course never happened, which she confirmed with me on the evening of the 27th.   Now it would seem to me that MyParcelDelivery is trying to say it has nothing to do with them, despite the booking being made through them, UPS US are pretending they are doing something but have so far done nothing, and we have heard Zilch from UPS UK.   I would like, if possible, some guidance on how to go about getting this resolved because this is just not right, the agent/courier have had their money, but the seller and buyer have been the victims of poor service and damaged goods.   If anyone could point us in the right direction on how to tackle this and get some redress for this, then I would be most grateful.   Thanks and kind regards   Mr B                 pox.pdf
    • From December, NS&I is phasing out posting warrants - a type of cheque - to winners. It instead wants bondholders to provide bank details so it can pay the money into their account. View the full article
    • Hi. As you can probably presume by the time this has been posted, I am annoyed. Long story cut short is we bought a new build, got a professional snagging company to come in and make a list of things that needed doing and am now still in the process of liaising with painters / electricans, etc. There has been significant disruption with arranging to be in to help guide the various workmen, etc, let alone the complexities of Covid to deal with as well as having two small children. Tonight we were up until quite late having to prepare things for a painter to come tomorrow to fix all the awful painting and marks on walls / poor finishes, etc. This has (and has had over the last few weeks) had a knock on effect with being tired, work being affected, let alone sooooo much time wasted on discussing the various elements with the developer (who hasn't argued with any of the painting, poor electrics, etc that has to be done). My question is has anyone ever claimed redress for all the wasted hours that have to be spent on doing things like this because a developer rushed to get a house ready on time?
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hardship Bank Charges Lateral Thinking


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I have recently had a converstion with the Council Tax people to see if I was eligable for a reduction on Council tax. They told me I wasn't , because my Working Tax Credits made my income up to the level at which you have to pay the full rate. WTC are regarded as income.

 

This got me thinking .

 

If you ask why are banks taking your kids food and shoes money ,in exhange for a piece of paper telling you they have done this,( This is a Bank Charge) they reply it is impossible for their highly complex financial operation to dinstinguish between your benefits and other income.

 

 

If you haven't sent the bank a letter demanding a right to first appropriation of any benefits, ( it is actually illegal for them to take your benefits to pay debt*,) then, any time they have made a charge they have still taken your benefits and you can easily prove what is monthy earned income and what is benefit. Ie if you pay in £1000 and get £100 WTC monthly then at least 10% of all charges and interest must be derived from those benefits.

 

Irrespective of whether they recgnise hardship and fully return the full amount of charges they have a legal duty to return at least 10% of those charges and interest charged on the overdraft as well as 8% intrest on the % of benefit incurred over the period of time they have been making charges . And if you consider the legislation this should be, no quibble, immediate, and a separate issue from general hardship reclaiming of charges and interests incurred.

 

Social Security Administration Act 1992 *

 

187 Certain benefit to be inalienable (1) Subject to the provisions of this Act, every assignment of or charge on—

 

(a) benefit as defined in section 122 of the Contributions and Benefits Act;

(b) any income-related benefit; or

© child benefit,

 

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

 

 

 

What do you think? Is there a time period

 

 

Hardship

The FSA has set out official hardship guidelines to include the following:

 

 

  • Are items repeatedly being returned unpaid due to insufficient funds?
  • Are you defaulting on loan repayments or other financial commitments?
  • Has your regular income stopped eg have you lost your job?
  • Are you considering bankruptcy or getting an IVA?
  • Are you making regular requests to increase your borrowing or regularly rescheduling debts? eg are you often increases credit card limits in order to pay bills? Do you have a debt management plan in place as you can't afford repayments at the usual rates?
  • Are you taking cash out from a credit card that has a higher rate of interest?
  • Are you repeatedly going over your credit card limit or overdraft without a prior agreement in place with your bank or creditors?

 

The FSA has also said that: "where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months that is to be treated as indicative of financial difficulty.

Edited by roofovermyhead
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I have recently had a converstion with the Council Tax people to see if I was eligable for a reduction on Council tax. They told me I wasn't , because my Working Tax Credits made my income up to the level at which you have to pay the full rate.

 

This got me thinking .

 

If you ask why are banks taking your kids food and shoes money ,in exhange for a piece of paper telling you they have done this,( This is a Bank Charge) they reply it is impossible for their highly complex financial operation to dinstinguish between your benefits and other income.

 

 

If you haven't sent the bank a letter demanding a right to first appropriation of any benefits, ( it is actually illegal for them to take your benefits to pay debt,)

 

It is only ILLEGAL or maybe the term UNLAWFUL is actually the right terminology if they have taken you to court and your benefit has been assigned to the bank(that bit is unlawful under the Social Security Administration Act 1992).

then, any time they have made a charge they have still taken your benefits and you can easily prove what is monthy earned income and what is benefit. Ie if you pay in £1000 and get £100 WTC then at least 10% of all charges and interest must be derived from those benefits.

Bank charges from benefits are not unlawful btw.

Irrespective of whether they recgnise hardship and fully return the full amount of charges they have a legal duty to return at least 10% of those charges and interest incurred.

They don't but they should look at returning part of the money taken from benefits if the account is over the overdraft limit since the customer might use the principals in "treating customers fairly" to argue that the bank refused to allow them access to it. The bank can ask that some of the money is repaid to any amount outstanding/owing on the balance at the point the benefits go in. The FOS would see that as reasonable.

What do you think?

Non starter to a degree.

.

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

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