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    • You would only get a sanction if you fail to do anything you agree to do on your commitments.   Depending what labour marrket regime you are in will depend on what would be expected of you.
    • The relevant case law is Browning v Floyd (1946) KB 597 (funnily enough, a husband using his wife's non-transferable ticket). The fact that a fare (her fare) was paid didn't mean that HIS fare was paid ....   So, the risk is that you'll in effect be saying:   "Dear TfL, I evaded my fare for months, using my wife's Student Oyster. (It doesn't matter that I'd paid for her Oyster, as that was for HER fare, but I didn't pay MY fare). So, it is bad, but not as bad as Freedom Pass abuse, so you shouldn't take me to court."   The fact that freedom pass abuse is "worse" doesn't equate to them having to offer an administrative settlement, and how are you going to get past any discrepancy between what you are saying, and the RPI's notes (given that you have said here you lied to the RPI).   I suggest you tread warily. By all mean stress that the result of a conviction may be disproportionate for you, but I wouldn't try to suggest that because Freedom Pass abuse is worse they are obliged to offer you an administrative settlement. You also want to try (as far as possible, while being truthful) to not bring in anything that the RPI's notes contradict ... you don't have to own up to anything they aren't asking you about, but don't get caught in a (further) lie, either.
    • so both about the same do it right and you might both get a good result just dont go over thinking things at this stage    
    • Defence is now submitted.    I received a letter from Cabot in reply to my CCA request and they state they do not have a copy of the agreement. They are asking me to get in contact with them to make a payment plan.
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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
      • 0 replies
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Over Overdraft Limit Charge

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I went over my overdraft limit which means they bounced a few direct debits and cheques and now they have given me a total charge for the month of £212

 

How the hell can you get out of your overdraft if they charge this amount which is extortion

 

I called the bank and questioned this and was told by some woman that there is nothing the bank can do as even the employees get the same charges which cannot be waved

 

Is the government going to stop the banks from helping themselves to our money or at least charge a realistic amount because £38.00 for a bounced DD is not fair

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The Government(OFT) are suing the Banks in the court....we both know that ;)


.

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

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Checked my statement and have another £272 in charges so I called the branch manager and she did not care in the least at least dick turpin wore a mask

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No doubt you have had a letter to state that you have incurred these charges.

 

I would suggest writing to the back requesting that they refund the charges, state that you are more than prepared to pay a reasonable charge for your breach of contract - however find the penalty charges that have recently been levied to be excessive, especially as the processes involved are automated.

 

Obviously be nice and polite as this will be your first letter.

 

However state that you are prepared to take this matter to the Financial Ombudsman who will charge £450 for their involvement if an agreement can't be reached beforehand, or to county court where hearing fees and so forth would mount up and be payable. In either instances you would state that you are in hardship and request that your complaint or claim would be allowed to proceed..... however you would prefer to settle this matter amicably rather as you have had no previous problems with the bank and have found the service exceptional in the past etc etc.

 

They should refund the charges after a few letters, otherwise ultimately they will have to fork out more eventually.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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