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    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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The end of free banking... It'll never happen!


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Hmm, according to this bank employee, one of the major banks has done the number crunching to see what difference there would have been if his employers had not charged any penalties, but instead charged for accounts on their existing "pay accounts" tarriffs.

The post right after asks some interesting questions..

MoneySavingExpert.com Forums - View Single Post - Why a bank charges win doesn’t mean the end of ‘free banking’ blog discussion

 

To be honest the guy who posted that seems like a very 'low-level' employee or he wouldn't have made such silly claims. And his standard of English is well below that of a normal bank employee :)

PhiltheBear

 

Lloyds TSB - At the Sign of Flogging a Dead Horse

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Oh its definitely a troll post, no question of that. Every now & again, some employee jumps on to MSE, usually the evening after they have had the part of their training that covers bank charges, and posts the 'company yarn'. Its just the claim he made that this kind of study has been done that caught my eye.

It could very well be 'cow manure' but I still think it was worth asking, stranger things & all that..

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I think he should get used to spelling 'lose' properly (instead of loose) - he's going to be typing it a lot over the coming months!

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  • 4 weeks later...

Can anyone convince me why we should NOT pay for banking? Isn't it a service like any other? Why are we addicted to free banking?

 

What is wrong with paying £5pcm for banking, provided that we get what we pay for? Good interest when in credit. Reasonable interest when in debit. End of waiting 3 days for BACS. End of waiting 7 days for cheques.

 

What is wrong with paying for banking? Why do people believe that banking services should be free, except for it's the status quo and it's what people are used to?

 

Someone convince me please!

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Well, for one thing, we lend them our money that they 'lend on' at a very small interest rate. In A&L's 'cheque clearing account' (despite such things not actually existing ;-)) there is 2 billion quid at any one point. Even the libor rate overnight would give hansom returns on our money.

 

We are already paying for our banking. If we lend to them at 3% below the (publicised) inflation rate then we have our money tied up and thus we cannot invest it elsewhere at a better return. We pay by giving up the 'right' to invest our money at better return.

 

Personally, I have no problem with paying for banking services - I simply wouldn't use them if they continued to offer the same standard of services that they offer now. I.e. Awful customer services, mistakes - often, and generally treating their customers with contempt. If Tesco did the same, I would no longer shop there.

 

Waiting 7 days for cheques to clear is substandard - so is waiting 3 days to transfer money between accounts in THE SAME BANK! 25 quid to move 30 quid into a French bank account?

 

Indeed!

 

The main problem I foresee with charging for these 'services' - which I think they can hardly be called seeing as there really is no 'service' from these companies - is that under ECHR laws, no member state's citizens can be forced by local legislation to pay for a service and/or goods. Under the Wages Act in this country, employees have no choice where their earnings are paid. This is no their choice, which means that effectively to have to pay for the services that banks provide would breach our human rights - and quite rightly so.

 

I have no problem paying any company for services used. If I buy a dishwasher, then I expect to pay for it - if I don't want to pay for it, I don't use that company.

 

However, I have systematically been attempting to eradicate banks from my life - yet, I am trapped at nearly every turn.

 

Why should I not also have the choice of NOT paying for these services?

 

Once I have the choice, then they can charge whatever they like; I'll take my chances with the 'honest' thieves and keep my earnings under my mattress.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

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Exactly my thoughts Dave. We ARE forced to use banks and the banks have made a rod for thier own back in squeezing the branch budget until the pips squeek. If they carried out thier threat to bring in charges I predict complaints will soar for the simple reason that, even if a service is dreadful, the fact people see it as free helps to keep them in check.. If I'm paying £5 or £10 a month and there's a queue in my lunc hour which isn't moving I'm likely to kick up a fuss.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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At the end of the day if the banks want our business, would they rather continue with free banking or let us bank with their rivals?

It will come to a point where all banks will start charging a monthly fee to run your account if the OFT wins the test case.

However as people with credit cards are always looking for the best deal, so will current account customers too if they are forced to pay for their services.

Then the banks will enter a price war so they can attract customers looking for a better deal and eventually it will come to a point where they will have to introduce free banking again to recoup their lost customers.

Make sense?

Is going to be one big vicious circle lol.

WON

HSBC Current Account - £1139

ONGOING

Lloyds TSB Current Account - £1637 + £58.49 interest

S.A.R 03/09/06, Prelim 20/10/06 BOGOF 02/11/06,

LBA 20/11/06 MCOL 17/12/06, Issued 18/12/06

Acknowledged 22/12/06, £750 Goodwill 22/12/06

John Lewis Mastercard - £180 + £15.75

LBA 29/01/2007, MCOL 19/02/2007

HSBC Mastercard - £150 + £12.95 interest

LBA 20/02/2007

Barclaycard

S.A.R 20/02/2007

Capital One Mastercard

S.A.R 05/01/2007

Capital One Visa

S.A.R 05/01/2007

Lloyds TSB Platinum Mastercard

S.A.R 20/02/2007

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But Dave, you miss my point, which is mainly:

 

"What is wrong with paying £5pcm for banking, provided that we get what we pay for? Good interest when in credit. Reasonable interest when in debit. End of waiting 3 days for BACS. End of waiting 7 days for cheques."

 

If we got the above, there is no arguement against paying for banking except that there is 1) competition and 2) it's the status quo. Competition is a riddiculous argument - what happens if they all introduced fee based banking. The status quo argument is just as riddiculous when you consider how much banking has changed in the last five years, let alone ten. The service is evolutionary.

 

Look at the HSBC account offering 8D/8C with a fixed fee. That is the future of banking. People do get a good service from the banks. It's no argument to say 'we are forced to use them so they must be cheap to use'. We have to use accountants, solicitors, advisors etc and they are not cheap. Regulation does not nessessarily mean controlled price but ensuring a set standard of service.

 

On the issue of whether or not they are services. To use your French account transfer example - the service provided is the bank crediting your account and ensuring that it is credited safely and securely, unless you want to go to France and put the money in yourself -what option have you got?

 

On the Wages Act, I understand the aim of your point except that you miss that employees do have a choice over what they do with the money. The days of putting your money under a mattress are rightly over. Today's equivelent is in which electronic account are you going to hold the money. You have control over which account and bank you have that money paid into. Your employer has not dictated where the funds are to go.

 

Finance is a regulated industry - Dave would you rather go back to the 17th and 18th centuries of mickey mouse banks appearing on the scene, taking your money and then disappearing? If you accept that you can complain about the service of a bank you must accept that it should provide a level of service. Why should you not pay for that service? Bank regulation is good. Regulation will restrict the number of banks. Banking is not a free to enter industry. Quite rightly banks have to prove themselves prior to becoming authorised. Banks are in a position of strength because of this.

 

Look at it from this angle.

 

 

Pay £30,000 pa wages into a bank, recieving 1% p.a. credit interest. Interest recieved (crudely put) £30. Pay to bank for service £0.

 

Pay £30,000 pa wages into a bank, recieving 5% p.a. credit interest. Interest recieved (crudely put) £1,500. Pay to bank for service £60.

 

Who wouldn't go for the second option?

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Pay £30,000 pa wages into a bank, recieving 1% p.a. credit interest. Interest recieved (crudely put) £30. Pay to bank for service £0.

 

Pay £30,000 pa wages into a bank, recieving 5% p.a. credit interest. Interest recieved (crudely put) £1,500. Pay to bank for service £60.

 

Who wouldn't go for the second option?

 

 

Who would go for the second option......none of the banks that's for sure.

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But Dave, you miss my point, which is mainly:

 

"What is wrong with paying £5pcm for banking, provided that we get what we pay for? Good interest when in credit. Reasonable interest when in debit. End of waiting 3 days for BACS. End of waiting 7 days for cheques."

 

If we got the above, there is no arguement against paying for banking except that there is 1) competition and 2) it's the status quo. Competition is a riddiculous argument - what happens if they all introduced fee based banking. The status quo argument is just as riddiculous when you consider how much banking has changed in the last five years, let alone ten. The service is evolutionary.

 

Look at the HSBC account offering 8D/8C with a fixed fee. That is the future of banking. People do get a good service from the banks. It's no argument to say 'we are forced to use them so they must be cheap to use'. We have to use accountants, solicitors, advisors etc and they are not cheap. Regulation does not nessessarily mean controlled price but ensuring a set standard of service.

 

We are not forced to use accountants or solicitors - we can do that stuff our self if we choose too.

 

On the issue of whether or not they are services. To use your French account transfer example - the service provided is the bank crediting your account and ensuring that it is credited safely and securely, unless you want to go to France and put the money in yourself -what option have you got?

That's a fair point - in fact, I have taken the cash their in person before - although I now believe that this is not strictly legal.

 

On the Wages Act, I understand the aim of your point except that you miss that employees do have a choice over what they do with the money. The days of putting your money under a mattress are rightly over. Today's equivelent is in which electronic account are you going to hold the money. You have control over which account and bank you have that money paid into. Your employer has not dictated where the funds are to go.

 

Yes, but employers are not EU citizens. The employer HAS dictated where it goes - into the banking system - a virtual cartel. I think this is open to interpretation.

 

Finance is a SELF regulated industry - Dave would you rather go back to the 17th and 18th centuries of mickey mouse banks appearing on the scene, taking your money and then disappearing? If you accept that you can complain about the service of a bank you must accept that it should provide a level of service. Why should you not pay for that service? Bank regulation is good. Not in my opinion it isn't - if it were good, how come we all have a potential tax liabilty to the tune of over 100 billion quid to Northern Rock? Regulation will restrict the number of banks. Banking is not a free to enter industry. Quite rightly banks have to prove themselves prior to becoming authorised. Banks are in a position of strength because of this.

 

...and yes, I would rather go back to 17th/18th century banking - the answer would be not to use a bank, would it not?

 

As explained above, we DO pay for banking already - we lend them our money at a rate far lower than that of inflation - they lend it on at a rate far in excess of inflation.

 

Personally, I would have no problem paying for services from banks providing that:

 

a) it were a fair and reasonable price - and I can't see that happening with the current banking system/cartel we have in the UK at the moment.

b) the levels of service were at least adequate - which they currently are not (this isn't restricted to the banking industry btw, it seems commonplace with all large companies these days)

c) I had the choice of NOT using the services should I choose not to.

 

You say that rightly, the days of keeping money under you pillow are gone. I'm not sure that it's right. I would prefer to keep my money under my pillow. That way I would know how much is there (I once had three different balances given to me by a bank in one day, with no withdrawals on the account in any way shape or form - the cashpoint said a different balance to the cashier and their Internet banking said a different balance altogether), where my money was going and who had access to it.

 

Look at it from this angle.

 

 

Pay £30,000 pa wages into a bank, recieving 1% p.a. credit interest. Interest recieved (crudely put) £30. Pay to bank for service £0.

 

Pay £30,000 pa wages into a bank, recieving 5% p.a. credit interest. Interest recieved (crudely put) £1,500. Pay to bank for service £60.

 

Who wouldn't go for the second option?

 

 

 

...but then with inflation being put at nearly 10% (by economists, not the government) then the bank stand to at least gain £2970. Nice work if you can find it.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

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"We have to use accountants, solicitors, advisors etc and they are not cheap. Regulation does not nessessarily mean controlled price but ensuring a set standard of service. We are not forced to use accountants or solicitors - we can do that stuff our self if we choose too."

 

We have regulated persons and functions in a multitude of industries - IFAs, Solicitors etc. You can not handle the conveyance of your house yourself. You can not handle the transfer of a company pension scheme yourself. You do not have the choice you think you have. You have a choice within a regulated atmosphere.

 

"Your employer has not dictated where the funds are to go. Yes, but employers are not EU citizens. The employer HAS dictated where it goes - into the banking system - a virtual cartel. I think this is open to interpretation."

 

Is it not that society today dictates that the money goes into the banking system? A combination of government, employers and yes employees. You could insist that your wages are paid in cash or cheque, or if you really want to hark back to times bygone, in kind with butter, milk and cheese.

 

" As explained above, we DO pay for banking already - we lend them our money at a rate far lower than that of inflation - they lend it on at a rate far in excess of inflation."

 

But the example I have brought specifically took this into account. If we got credit interest - real interest - say BBR plus/ minus a half we would be getting paid for our accounts properly.

 

I have a problem with you calling banking a cartel. A closed system - yes. A cartel though? Explain why you call it this. I accept the fundamentals that it could be a cartel if there was no regulation of the industry - however light - but you do have options to change bank and to choose differing services and accounts. Take my usage of Whiteaway Laidlaw compared to my account with the Halifax. Whiteaway Laidlaw GREAT service. Naff systems. Halifax. Great systems - online, branch network etc. Naff service. I have a choice as to whom I bank with. It's a closed system but there are enough competitors in the system to pick from to ensure a level(er) playing field.

 

Finally, I don't follow your maths on the £2970 for the bank, please explain. Probably my lack of mathematical skill!

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You could insist that your wages are paid in cash or cheque, or if you really want to hark back to times bygone, in kind with butter, milk and cheese.

 

I'm afraid I can't. I don't legally have that right. No UK resident does.

 

You can not handle the conveyance of your house yourself.

 

Yes, you can. Easily. I have done it twice. Three times if you count France - although it's considerably different there.

 

 

Cartel: (EOD)

 

a.) "A combination of independent business organizations formed to regulate production, pricing, and marketing of goods by the members."

b)." A group of parties, factions, or nations united in a common cause"

I would say that the differing services that banks offer are broadly similar - I don't see much difference in Barclays to Lloyds, or from NatWest to Barclays.

As to price fixing, IF bank charges are for a service, as they claim, then how come they are all so similar in price? There is very little difference - they may charge them in a different way, but the actual cost to the consumer is extremely close - price fixing is a trait of a cartel.

 

"If you don't like a bank's charges, change your bank" is something I have heard a lot of over recent years. That's all well and good, but you'd only change your bank to another bank that charges the same. A fixed, cartel like system in anyone's eyes surely?

 

As to the maths - it's crude, but if inflation is 10% and interest is paid at 1%, then the bank, simply by sitting on your money, is set to make 3k. Minus your 30 quid (it should be 300), makes £2970.

 

 

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Dave is correct the legislation giving employees a right to be paid in cash was repealed years ago.

 

Furthermore I would like to ask where are these banks that offer good service? If banks offered 'good' service don't you think we would've seen less of a backlash relating to charges?

 

The choice you speak of is an illusion, I can choose between providers in an industry which (IMO) is less than honest and care little about customer service.

 

Also believe your logic should be turned around. You say the banks will introduce charges but the point which people have made over and over again is IF the charges were NEVER allowed then who's to blame? It MUST be the banks.

 

They have put themselves in this situation by increasing the charges time and time again, if the current banking model is not sustainable they ought to know about it.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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I'm afraid I can't. I don't legally have that right. No UK resident does.

Which law quotes this Dave?

A legal form of payment, would be, what ever is a ligitimate form of payment, according to your Bank, so if they except a cheque, Baccs, Cash etc, then that is a ligitimate payment, The above quote is not in any Statute law I have read, not even the Employment laws.

The only reason a company get away with it, is because it's in the Employment contract, and if it is not negotiable, then is it not a unfair term, of a standard form contract?

FWIW, free banking, How can it be free if the vast majority (those living on the bread or survival line)are paying for banking services across the board?

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The only reason a company get away with it, is because it's in the Employment contract, and if it is not negotiable, then is it not a unfair term, of a standard form contract?

Sadly not true. The law backs them up - it doesn't even need to be in the contract.

 

It's the Wages Act. It was changed in 1984, passing the right of method of payment to be chosen by the employer, not the employee (as it was before this amendment).

 

It was an amendments of the 1970 Equal Pay act. Sadly, I cannot find a link to it on-line - only one you have to pay for and order a copy on paper.

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Correct Dave twas Maggie who changed it.

 

Ostensibly to stop lots of cash being transported about & thereby stolen by the blaggers.

 

Ironic init Taken from one bunch of c rooks to be given to another lot:rolleyes:

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Soon cash will disappear and we'll all be living in a wonderful 'efficient' world where we rely on the banks even more.

 

Sorry just woke up, was having a nightmare :p

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Guest grizzleguts

The Equal Pay Act 1970 (Amendment) Regulations 2004

icon_closed_level.gif

Made7th September 2004

Laid before Parliament9th September 2004

Coming into force1st October 2004

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to discrimination, in exercise of the powers conferred by that section, hereby makes the following Regulations:

 

Annotations:

F1

See the European Communities (Designation)(No. 3) Order 2002 (S.I. 2002/1819).

F2

1972 c. 68.

 

Citation, commencement and application

1. — (1) These Regulations may be cited as the Equal Pay Act 1970 (Amendment) Regulations 2004 and shall come into force on 1st October 2004.

(2) These Regulations apply to proceedings instituted on or after 1st October 2004.

(3) Paragraphs (2), (3) and (6) of regulation 2 also apply to proceedings instituted before 1st October 2004 if before that date an employment tribunal in proceedings before it has not required a member of the panel of independent experts (within the meaning of subsection (4) of section 2A of the Equal Pay Act 1970 F3 ) to prepare a report under subsection (1)(b) of that section. Annotations:

F3

1970 c. 41. Section 2A was inserted into the Act by the Equal Pay (Amendment) Regulations 1983 (S.I. 1983/1794), regulation 3(1). It has been amended by the Sex Discrimination and Equal Pay (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/438), regulation 3 and the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 1(2)(a).

 

 

 

icon_closed_level.gif

Amendments to section 2A of the Equal Pay Act 1970

2. — (1) Section 2A of the Equal Pay Act 1970 is amended as follows.

(2) In subsection (1)– (a)

in paragraph (b), omit the words from the beginning to “so mentioned,”; and

 

(b)

omit the words from “and, if it requires” to the end.

 

 

(3) After subsection (1) insert –

"(1A) Subsections (1B) and (1C) below apply in a case where the tribunal has required a member of the panel of independent experts to prepare a report under paragraph (b) of subsection (1) above.

(1B) The tribunal may – (a)

withdraw the requirement, and

 

(b)

request the member of the panel of independent experts to provide it with any documentation specified by it or make any other request to him connected with the withdrawal of the requirement.

 

 

(1C) If the requirement has not been withdrawn under paragraph (a) of subsection (1B) above, the tribunal shall not make any determination under paragraph (a) of subsection (1) above unless it has received the report.".

 

(4) For subsection (2) substitute –

"(2) Subsection (2A) below applies in a case where – (a)

a tribunal is required to determine whether any work is of equal value as mentioned in section 1(2)© above, and

 

(b)

the work of the woman and that of the man in question have been given different values on a study such as is mentioned in section 1(5) above.".

 

 

 

(5) After subsection (2) insert –

"(2A) The tribunal shall determine that the work of the woman and that of the man are not of equal value unless the tribunal has reasonable grounds for suspecting that the evaluation contained in the study – (a)

was (within the meaning of subsection (3) below) made on a system which discriminates on grounds of sex, or

 

(b)

is otherwise unsuitable to be relied upon.".

 

 

 

(6) In subsection (4) for the words “In paragraph (b) of subsection (1) above the” substitute "In this section a".

icon_closed_level.gif

Jacqui Smith,

Minister for Industry and the Regions and Deputy Minister for Women and Equality, Department of Trade and Industry

7th September 2004

 

icon_closed_level.gif

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which amend the Equal Pay Act 1970, come into force on 1st October 2004.

Section 2A of the Act requires the employment tribunal to follow a particular procedure when determining proceedings where there is a question as to whether the claimant and the comparator are doing work of equal value. Section 2A partly implements Council Directive 75/117/EEC F4 , which provides among other matters for claims to equal pay for work of equal value.

Regulation 2 alters the procedure for such claims. It allows the employment tribunal to choose to determine the question of equal value itself or to appoint an independent expert to prepare a report on that question. In a case where there has already been a job evaluation study which has given different values to the work of the claimant and the comparator, the employment tribunal must determine that the work is not of equal value unless it has reasonable grounds for suspecting that the study discriminated on the grounds of sex, or there are other reasons why it is not suitable to be relied upon.

A full regulatory impact assessment of the effect that these Regulations will have on the costs of business has been placed in the libraries of both Houses of Parliament, and can be obtained from the Women and Equality Unit, Department of Trade and Industry, 35 Great Smith Street, London SW1P 3BQ.

 

cannot find it here

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Guest grizzleguts

The Equal Pay Act 1970 (Amendment) Regulations 2004

icon_closed_level.gif

Made7th September 2004

Laid before Parliament9th September 2004

Coming into force1st October 2004

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to discrimination, in exercise of the powers conferred by that section, hereby makes the following Regulations:

 

Annotations:

F1

See the European Communities (Designation)(No. 3) Order 2002 (S.I. 2002/1819).

F2

1972 c. 68.

 

Citation, commencement and application

1. — (1) These Regulations may be cited as the Equal Pay Act 1970 (Amendment) Regulations 2004 and shall come into force on 1st October 2004.

(2) These Regulations apply to proceedings instituted on or after 1st October 2004.

(3) Paragraphs (2), (3) and (6) of regulation 2 also apply to proceedings instituted before 1st October 2004 if before that date an employment tribunal in proceedings before it has not required a member of the panel of independent experts (within the meaning of subsection (4) of section 2A of the Equal Pay Act 1970 F3 ) to prepare a report under subsection (1)(b) of that section. Annotations:

F3

1970 c. 41. Section 2A was inserted into the Act by the Equal Pay (Amendment) Regulations 1983 (S.I. 1983/1794), regulation 3(1). It has been amended by the Sex Discrimination and Equal Pay (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/43, regulation 3 and the Employment Rights (Dispute Resolution) Act 1998 (c. , section 1(2)(a).

 

 

 

[/url]

Amendments to section 2A of the Equal Pay Act 1970

2. — (1) Section 2A of the Equal Pay Act 1970 is amended as follows.

(2) In subsection (1)– (a)

in paragraph (b), omit the words from the beginning to “so mentioned,”; and

 

(b)

omit the words from “and, if it requires” to the end.

 

 

(3) After subsection (1) insert –

"(1A) Subsections (1B) and (1C) below apply in a case where the tribunal has required a member of the panel of independent experts to prepare a report under paragraph (b) of subsection (1) above.

(1B) The tribunal may – (a)

withdraw the requirement, and

 

(b)

request the member of the panel of independent experts to provide it with any documentation specified by it or make any other request to him connected with the withdrawal of the requirement.

 

 

(1C) If the requirement has not been withdrawn under paragraph (a) of subsection (1B) above, the tribunal shall not make any determination under paragraph (a) of subsection (1) above unless it has received the report.".

 

(4) For subsection (2) substitute –

"(2) Subsection (2A) below applies in a case where – (a)

a tribunal is required to determine whether any work is of equal value as mentioned in section 1(2)© above, and

 

(b)

the work of the woman and that of the man in question have been given different values on a study such as is mentioned in section 1(5) above.".

 

 

 

(5) After subsection (2) insert –

"(2A) The tribunal shall determine that the work of the woman and that of the man are not of equal value unless the tribunal has reasonable grounds for suspecting that the evaluation contained in the study – (a)

was (within the meaning of subsection (3) below) made on a system which discriminates on grounds of sex, or

 

(b)

is otherwise unsuitable to be relied upon.".

 

 

 

(6) In subsection (4) for the words “In paragraph (b) of subsection (1) above the” substitute "In this section a".

icon_closed_level.gif

Jacqui Smith,

Minister for Industry and the Regions and Deputy Minister for Women and Equality, Department of Trade and Industry

7th September 2004

 

icon_closed_level.gif

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which amend the Equal Pay Act 1970, come into force on 1st October 2004.

Section 2A of the Act requires the employment tribunal to follow a particular procedure when determining proceedings where there is a question as to whether the claimant and the comparator are doing work of equal value. Section 2A partly implements Council Directive 75/117/EEC F4 , which provides among other matters for claims to equal pay for work of equal value.

Regulation 2 alters the procedure for such claims. It allows the employment tribunal to choose to determine the question of equal value itself or to appoint an independent expert to prepare a report on that question. In a case where there has already been a job evaluation study which has given different values to the work of the claimant and the comparator, the employment tribunal must determine that the work is not of equal value unless it has reasonable grounds for suspecting that the study discriminated on the grounds of sex, or there are other reasons why it is not suitable to be relied upon.

A full regulatory impact assessment of the effect that these Regulations will have on the costs of business has been placed in the libraries of both Houses of Parliament, and can be obtained from the Women and Equality Unit, Department of Trade and Industry, 35 Great Smith Street, London SW1P 3BQ.

 

cannot find it here

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It looks like those amendments were made in 2004. The amendment about the way wages are delivered was, I think, in either 1984 or 1986.

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Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Cartel: (EOD)

 

a.) "A combination of independent business organizations formed to regulate production, pricing, and marketing of goods by the members."

b)." A group of parties, factions, or nations united in a common cause"

I would say that the differing services that banks offer are broadly similar - I don't see much difference in Barclays to Lloyds, or from NatWest to Barclays.

As to price fixing, IF bank charges are for a service, as they claim, then how come they are all so similar in price? There is very little difference - they may charge them in a different way, but the actual cost to the consumer is extremely close - price fixing is a trait of a cartel.

 

Something that makes their cartel like behavior yet more obvious is, exactly when & how almost every high street bank altered their T&Cs. All of them introducing these new "services" that operate in exactly the same way, at exactly the same time. Either that is a cartel at work or an example of phenomenal freak coincidence..

 

Yes, of course it is the latter. It is not at all an attempt to get around the law either, the OFT & the courts would see right through that in an instant right?

 

It looks like a dog & it doesn't stop barking like a dog, but who would even question them about it, the OFT? FOS? FSA? :lol:

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So what would happen, if your bank closed your account for reclaiming penalty charges (court case pending), and all the other banks refused to open an account for you, on the grounds of a bad credit score, and your company insisted you was paid via BACCS/cheque?

Would you have a counter claim for unfair dismissal?

Would you be able to sue the bank for making you unemployed/unemployable?

This is not a hijack, its a hypathetical situation.:grin:

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You'd have to have your wages paid into a savings account, basic account with no scoring, or a friends account (as I am currently forced to).

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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"We have to use accountants, solicitors, advisors etc and they are not cheap. Regulation does not nessessarily mean controlled price but ensuring a set standard of service. We are not forced to use accountants or solicitors - we can do that stuff our self if we choose too."

 

We have regulated persons and functions in a multitude of industries - IFAs, Solicitors etc. You can not handle the conveyance of your house yourself. You can not handle the transfer of a company pension scheme yourself. You do not have the choice you think you have. You have a choice within a regulated atmosphere.

 

"Your employer has not dictated where the funds are to go. Yes, but employers are not EU citizens. The employer HAS dictated where it goes - into the banking system - a virtual cartel. I think this is open to interpretation."

 

Is it not that society today dictates that the money goes into the banking system? A combination of government, employers and yes employees. You could insist that your wages are paid in cash or cheque, or if you really want to hark back to times bygone, in kind with butter, milk and cheese.

 

" As explained above, we DO pay for banking already - we lend them our money at a rate far lower than that of inflation - they lend it on at a rate far in excess of inflation."

 

But the example I have brought specifically took this into account. If we got credit interest - real interest - say BBR plus/ minus a half we would be getting paid for our accounts properly.

 

I have a problem with you calling banking a cartel. A closed system - yes. A cartel though? Explain why you call it this. I accept the fundamentals that it could be a cartel if there was no regulation of the industry - however light - but you do have options to change bank and to choose differing services and accounts. Take my usage of Whiteaway Laidlaw compared to my account with the Halifax. Whiteaway Laidlaw GREAT service. Naff systems. Halifax. Great systems - online, branch network etc. Naff service. I have a choice as to whom I bank with. It's a closed system but there are enough competitors in the system to pick from to ensure a level(er) playing field.

 

Finally, I don't follow your maths on the £2970 for the bank, please explain. Probably my lack of mathematical skill!

 

Solicitors Fees are regulated. Whilst there is variation, based on experience & qualification, to be recoverable, they must fall within the cost regime as set by the local Court

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  • 2 weeks later...

Talking about free banking, has anyone else noticed that over the last year cheques have been quietly fazed out? Since we all have a debit card and cash point cards the banks now only let us have money that is our own and if they simply refuse d/d and s/o that we have no money to cover we couldn't get into debt with the banks but would be chased by the company we tried to pay instead.

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