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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
mountainofdebt

Have I opened a can of worms?????

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Post removed temporarily. Theres a good chance that the bnak will trace it to my proceedings - yes i'm being paranoid! Will repost it here once my claim is finished.

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Thats fantastic, thanks. I'm not at that stage yet but when I am that advice is fantastic!

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Thanks for the reply....gosh you are good....for the first time I've actually smiled!

 

Trouble is points 1 - 4 form part of the CPR 18....so if I give them answers to points 1 -2 do I have to answer points 3 - 4??

 

(I've already posted above a draft letter to this effect)

 

I think I have initially dug the hole as I didn't include details of the account on the claim form nor did I give them a list of how the amount was arrived at.

 

So once they have this info do you think (and hence they can check for themselves) do you think they will they offer to settle?

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Just put all the answers in a reply to their request then.

 

And serve your own if you wish. I can't say if it will persuade them to settle - only served my own versions of the above today so they have not reacted to it yet. What it does do, I hope, is show that you a) understand the issues, b) are not phased by their stock defence and part 18 request, c) aren't taking any sh*t, and d) are prepared to engage with them to properly litigate the issues involved and are not just joe public trying it on.

 

What it will do is make it clear that if they remain engaged in the litigation with you they will have to do a lot of work. Answering that Part 18 request properly and fully would take hours and vastly increase the bank's legal fees for dealing with your case. That is not the intention of it - it is meant to engage on the issues - but for us it is a welcome by product.

 

Be aware that it might even make them a bit stroppy and you may be ear-marked to be taken all the way to court. For myself Im not bothered about that and would welcome the chance to attend a hearing.

 

As I said its your call and I can't and shouldn't tell you how you want to play it. I will always be around as a sounding board but ultimately everyone has to make their own decisions.

 

Nice to know I can bring a smile to the faces of my fellow litigants :)

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Mate that is awesome. PLEASE tell us how they received YOUR Pt 18 request, and how they reply...

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Will do :)

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well for now,lol!

 

How do you actually submit a CPR 18?

 

I've had a look on the various web sites (courts on line, dept for constitutional affairs) but although I can see the CPR 18 being referred to I can't see how you issue one!

 

Do you simply write this is a request for further information under CPR 18 in the same letter that I enclose my reply to their CPR 18?

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Yes the only requirement is that it is in writing and expressed to be a Part 18 request - just put it in a letter. Best to answer theirs and serve yours as a separate document - only so that if they end up before the judge later it is easier for him/her to keep documents separated.

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Yes, I think that was Rbears idea; I would write them a letter enclosing your response to their request as a separate sheet, and in the letter you write your own pt18 request.

 

LOL! RBrears and I posted at the same time...

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Cheers folks.....

 

btw I noticed today that on the court allocation papers that I have to return them to the new court by 3/6/06 (and this has been cofirmed by a nice lady at the court) ......so the plan is to send off the response/my own CPR 18 request and give them time to stew before taking the forms to the court .....fortunately (???) the court is only up the road from my office so I can personally take them there in my lunch hour.

 

 

Thinking about it, I think I would have wanted to have details about the account before I coughed up £2130.......if they had paid up without these details I think I might have chanced my luck with the other banks as well!!!

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Well guys I've sent off the reply and my own CPR 18 request, giving them until 5th June .....trouble is I have to return the forms to the court by the 3rd!!!

 

So I guess for the next week or so its a case of sit and see what - if anything - the postman brings.

 

Trouble is I've already mentally spent the money (and the sweetest part is that I would use it to pay off my RBS credit card, lol!)

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GOOD NEWS!

 

After the horrible thought that I'd really mucked things up, hubby came home to a letter from Cobettts offering a £1200 goodwill payment (original claim was for £2130, plus £340 plus court costs)

 

Its a conditional offer (usual things like other offers made) and must be accepted by next week. As we're going away this weekend I have to make a decision in the next 24/48 hours.

 

They reckon that my challenge to their charges in court would fail, their charges fair etc.

 

They've also added the court would see this offer as fair.....so guys do I call their bluff or do I take the money and run???

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GOOD NEWS!

 

After the horrible thought that I'd really mucked things up, hubby came home to a letter from Cobettts offering a £1200 goodwill payment (original claim was for £2130, plus £340 plus court costs)

 

Its a conditional offer (usual things like other offers made) and must be accepted by next week. As we're going away this weekend I have to make a decision in the next 24/48 hours.

 

They reckon that my challenge to their charges in court would fail, their charges fair etc.

 

They've also added the court would see this offer as fair.....so guys do I call their bluff or do I take the money and run???

 

It's entirely your call but... IMHO it's their last roll of the dice...

 

You aren't calling anyones bluff... They are trying to call yours...


If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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Well done, but IMO I would write back saying no thanks you are claiming for the full cost..

 

Hopefully I am due a letter as we were on the same schedule ;)


If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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I would accept as part payment and make clear that you will pursue the rest. I firmly believe that the rest will be forthcoming shortly after.

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over the course of action to follow.

 

Basically he wants to take the money and run ......partly becasue he thinks that we'd lose and partly becasue he's snowed under at work (works for him self) and really doesn't need the hassle of a potential court case.

 

I feel that it won't get to court but at the same time I don't want to argue with him ......oh gawd, show me a sign of what I should do??????

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Don't blink first :)

 

I had the same letter and refused the offer.

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Don't do what they want you to do; take it as part only and chase the rest.

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over the course of action to follow.

 

Basically he wants to take the money and run ......partly becasue he thinks that we'd lose and partly becasue he's snowed under at work (works for him self) and really doesn't need the hassle of a potential court case.

 

I feel that it won't get to court but at the same time I don't want to argue with him ......oh gawd, show me a sign of what I should do??????

 

Wouldn't the difference come in handy? I would personally follow it through until the end...


If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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as we've come this far, we might as well go the whole hog.

 

So have sent them a letter saying that unless an offer covering initial amount, interest and court costs is made, everything is still as before.

 

Hope they reply before next friday as that's another £100 I'll have to find!

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  • Confused 1

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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I await the outcome with fascination.....

If it were not for the fact that this is people's lives the banks are affecting, this would be the most exciting soap opera ever.

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Well was kinda hoping that Natwest would blink first and give me all the lovely dosh without having to go to court.

 

Unfortunately tomorrow is the last day that I can lodge my defence with the court.....sort of wishing now that I'd taken the money.

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I'm sure they'll blink yet...

 

And when it all works itself out the extra £1200 will taste all the sweeter...


If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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I am in exactly the same position. They have until the 3rd (which is a Saturday to hand in the allocation Questionnaire, I've done mine)

 

Does the £100 allocation questionnaire money get added to the claim?


If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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