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    • Email is fine. Confirm it with a letter. Make sure the letter refers to the email and the date of the email. Everything runs from the date of the email. Start reading up about the steps involved in taking a small claim in the County Court. It's not difficult but it's worth knowing the steps in advance. I don't think you told us the value of the car?
    • Hi. Thanks for the response.    They actually did threaten to take courtesy car back and return my car without it being repaired. This happened on November 5th. Turns out they didn't even have my car as it's with a sub contractor.    Is an email a sufficient/appropriate way to send them the information?    Thanks again. 
    • Thanks. Was the bank loan specifically for the car purchase – or was it simply a loan and you basically did what you wanted with the cash? I think what I'm asking is whether the loan was made under the consumer credit act? Five weeks is excessive. Under the Consumer Rights Act if a defect manifest itself within the first 30 days then you have the right to reject the vehicle out of hand. Unfortunately you've missed this window. If a defect manifest itself within the first six months then the dealer is entitled to a single opportunity to repair – within a reasonable period of time and if not you are entitled to reject the vehicle. Write to the dealer immediately. Assert your rights under the consumer rights act. Tell them that under the consumer rights act you are giving them a single opportunity to repair the vehicle and if they failed to do that then you are rejecting it and you want a refund. Tell them that in view of the fact that they have had the vehicle for five weeks so far, you are now giving them a further five days to complete the repair and if they are unable to do that then you are rejecting the vehicle and you want a refund within a further seven days. If you want you can make this a letter of claim in which case you give them a total of 14 days for the refund from the date of the letter or else you will issue a claim in the County Court. On the other hand, you can wait for the five days plus the seven days – 11 days and then send the letter of claim giving them 14 days. In terms of the courtesy car, I don't see any point returning it until the matter is resolved – unless they do something quite dramatic such as demanding its return and threatening you that you will cease to be insured if you hang onto it. In that case let us know.
    • There is no where in writing where it states I would pay them back when I started work but this is what Dongara said to me in person as I met the HR women in the UK when she visited and we discussed this. That's why I mentioned the option of when I sell my house so I could potentially pay them from the sale of my house when I start work as we discussed in person. If we apparently agreed $200 a week why hadn't I started paying this back straight away and why did they wait for me to say I'm not starting work untill they asked for the money. (Because we discussed I person when I started work they wanted to take $200 a week from my salary).   Also, the question has never been raised as to why I didn't start work? Maybe I should put this in my next witness statement? So I flew out to Australia and worked for Dongara for a week (all paid for by myself) the health and safety were non existent and I worked with no safety wear (boots or mask bare in mind this were fibreglass) I were told climb on top of boat roofs with no harness and just a step ladder that wasn't attached to anything. The manager didn't once come to see me and see how I were getting on for the full week so I didn't feel welcome at all. The job was not carbon fibre which I were told and it was fibreglass. It was mostly wood work which wasnt my skillset so I were kind of worried this wasn't the job for me, so I asked a couple of the employees who were not Australian residents and they told me of you couldn't do the job when I arrived in Australia that the manager would shout at me and dock my wage like he had with them in the past and they adviced me to not leave my job in the UK for the one in Australia. This were a big shock to me and they were no way I was going to sell up and take my family of 3 children to the other side of the world for a job opportunity like this. So when I arrived back to the UK I emailed  Dongara telling them about my decision to not follow the job opportunity through. 
    • Can you please post up your Privacy notice as I have a feeling that  it wasn't produced on the WS  for EL21.
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Bank charges from benefits


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I want to help a very dear friend claim her charges back from her bank,the total at the moment stands at £89 in charges.

I have printed off the hardship letter template and the income and expenditure spreadsheet.

Having not done this before i could do with a little advice before i embark on this mission.I don't want to get anything wrong.

The charges have been taken from her child benefit,but she is also on JSA,after her and her husband lost their jobs earlier this year.

It's alot of money for them to lose under the circumstances.

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I've moved you to the hardship forum, you should get some more help here.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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I want to help a very dear friend claim her charges back from her bank,the total at the moment stands at £89 in charges.

I have printed off the hardship letter template and the income and expenditure spreadsheet.

Having not done this before i could do with a little advice before i embark on this mission.I don't want to get anything wrong.

The charges have been taken from her child benefit,but she is also on JSA,after her and her husband lost their jobs earlier this year.

It's alot of money for them to lose under the circumstances.

 

If you come back I can advise. Please come back and tell us which bank

  • Haha 1

.

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

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I've moved you to the hardship forum, you should get some more help here.

 

 

Thank you,i did'nt realise i posted in the wrong forum:-?

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Thank you,i did'nt realise i posted in the wrong forum:-?

 

NP - the hardship forum is well hidden ;)

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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If you come back I can advise. Please come back and tell us which bank

 

 

Hi yourbank,it's the abby national,they have an awful attitude in the bank.

 

I went in with my friend to speak to them,i took a copy of the right of appropriation with us,they just did'nt care that were actually taking money that would feed her child.

 

We did go to the CAB and they informed the bank should not be taking these charges.

 

I would be very grateful for any help.

 

I have given her the spreadsheet for income and expenditure to fill in,while i waited for some advice here,she also has the template letter so it's ready to go.

 

I just don't want to make a mistake any get anything wrong on her behalf.

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Hi yourbank,it's the abby national,they have an awful attitude in the bank.

 

I went in with my friend to speak to them,i took a copy of the right of appropriation with us,they just did'nt care that were actually taking money that would feed her child.

 

We did go to the CAB and they informed the bank should not be taking these charges.

 

I would be very grateful for any help.

 

I have given her the spreadsheet for income and expenditure to fill in,while i waited for some advice here,she also has the template letter so it's ready to go.

 

I just don't want to make a mistake any get anything wrong on her behalf.

 

Ok firstly we need to take a step back first but you are very prepared, which is good.

Has the account been opened since 2001?

Are these the first charges you have incurred on the account?

The problem I have is that if the charges are merely £89 then it isn't a financial hardship claim to be honest.

However the bank should refuse to allow you to take some of the benefit from the amount even if the account was overdrawn because of the "treating customers fairly" which the FSA has instilled into the banks. In fact, I have it on good authority that the FOS would not look too kindly at the fact that they effectively said, you cannot have even 1p of the money.

.

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

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Ok firstly we need to take a step back first but you are very prepared, which is good.

Has the account been opened since 2001?

Are these the first charges you have incurred on the account?

The problem I have is that if the charges are merely £89 then it isn't a financial hardship claim to be honest.

However the bank should refuse to allow you to take some of the benefit from the amount even if the account was overdrawn because of the "treating customers fairly" which the FSA has instilled into the banks. In fact, I have it on good authority that the FOS would not look too kindly at the fact that they effectively said, you cannot have even 1p of the money.

 

Thank you,it's the reason i came to ask for help,i don't want to run before i can walk.

 

The account was opened pre 2001.

Charges were incurred on the account for an returned DD in January.

The bank did send a letter telling her they would waive the charge as it was her first.

The second charge was the same circumstance but because they waived the charge in Jan they were not prepared to do waive this one.

She has stopped using the account and has opened a post office account to have her benefits paid.

There is no authorised overdraft on the account.

Doe's it have to be above a certain amount to be able to claim the monies back?.

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Thank you,it's the reason i came to ask for help,i don't want to run before i can walk.

 

The account was opened pre 2001.

Charges were incurred on the account for an returned DD in January.

The bank did send a letter telling her they would waive the charge as it was her first.

The second charge was the same circumstance but because they waived the charge in Jan they were not prepared to do waive this one.

She has stopped using the account and has opened a post office account to have her benefits paid.

There is no authorised overdraft on the account.

Doe's it have to be above a certain amount to be able to claim the monies back?.

She can claim bank charges at any time but the case is not a financial hardship case since even by a definition within the FSA Waiver Annex 2 it states that £500.00 over a 12 month period could be indicative of financial hardship. From post 1 it isn't but if she gets the first letter in then her claim is acknowledged and will be settled on the conclusion of the OFT test case.

.

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

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She can claim bank charges at any time but the case is not a financial hardship case since even by a definition within the FSA Waiver Annex 2 it states that £500.00 over a 12 month period could be indicative of financial hardship. From post 1 it isn't but if she gets the first letter in then her claim is acknowledged and will be settled on the conclusion of the OFT test case.

 

Thank you,Well i guess we'll put in the claim for the charges and at least she'll be in the queue so to speak.

The outcome of the bank charge case won't be known untill october,is that correct?

The above info is very interesting i'm grateful to you for providing it.

Something else i learnt today,and we all know what they say about a little knowledge;).

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Thank you,Well i guess we'll put in the claim for the charges and at least she'll be in the queue so to speak.

The outcome of the bank charge case won't be known untill october,is that correct?

The above info is very interesting i'm grateful to you for providing it.

Something else i learnt today,and we all know what they say about a little knowledge;).

The current part of the law case is about whether the charges can be assessed for fairness and not if the charges terms themselves are fair so we are nearly 50% through.

.

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

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