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    • Wow so just spoke to Nationwide. You'll like this one.    Stated that I was calling due to concerns over previous conversations that day and to check the status of my claim.    Was on and off hold a lot and the rep was very cagey, speaking to manager etc. She tells me that there are two DDI claims on my account, for dates and amounts that are completely different to what I asked for.    I asked her to read the notes from my previous calls. She goes on hold again and comes back to day she will send me all notes, correspondence etc. from my calls. I ask for it via email and am told that I will receive this in 28 days (!!)    I ask if we can go through the documents over the phone. No call notes (they'll be on the DDI forms I'm told - there were no notes on the forms either). Okay, next I ask for dates and amounts included in the claims. I load up my PayPal activity to cross check and the first claim was for 'send to friends and family' payments made by visa. The second claim was also for visa transactions. In fact PayPal didn't take a single DD from my bank account for the whole time that I have used them, up until the start of May. These claims were for April.    A little while later the claims, that might be considered spurious/fraudulent, are cancelled. Or at least there's a note on them asking for them to be cancelled.    I ask for my actual claim to be raised. More hold music. We can't do it right now due to the volume of transactions. You'll have to wait two days for your statement as we can't load the transactions. System can't handle it.    I escalate the matter to her manager so I can make a complaint. Manager takes details, asks some questions. Asks why fraud team aren't involved, is it fraud? I say it was the fraud team that I called this morning I thought they raised the claims. I don't know what the transactions are, I haven't spoken to PayPal, I'm exercising my right to a DDI.    She calls them to 'check why they aren't involved, maybe because its DD'. Comes back saying there's a lot of transactions, lots of gambling.   Okay I say, point still stands that I want to claim a full and immediate refund, which I am entitled to do.    She gives me an email address to put all of this in writing, which I'd asked for previously. Asks me not to do so until the complaints team speak to me by Tuesday, as it will duplicate.    She goes to end the call and I'm like, so what about my claim? She responds while clearly looking at my account and says that she can see a claim was raised earlier today...    Flabbergasted, I go to remind her that yes, that's why I'm complaining and... Half way through my sentence the phone cuts out. The time is 19.58 and her office closes at 20.00...   Try to call back, she's gone for the day and will call me tomorrow.    So so so poor.    Pierre
    • Oh and also - If you are shorthanded by TSB then you can put a LBA together - This could be interesting...
    • This will be a long slog Document everything - Go into branch tomorrow - If they tell you have an Outstanding Balance and cant release funds etc then you document that too.   Put a FOS Complaint together. You can then get the information from the FOS to see what they did in their investigation @ TSB. You should not have a debt outstanding to TSB but i fear that a CIFAS marker might be acoming.  I would ask TSB to register you on CIFAS as you are a victim of Fraud in this circumstance and NOT a perpetrator. 
    • But get a free proof of posting, as it will be deemed delivered after 3 - 5 second class days
  • Our picks

    • 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
johno1066

End of 'unenforceable debt' claims?

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Recieved this from Checkmyfile by email today, does anybody know which case is being referred to here and exactly how this effects us, apologies if it has been posted before:

 

"Consumers attempting to get credit card or loan balances written off by exploiting legal loopholes are facing the unwelcome choice of either repaying their debt or severely damaging their credit rating.

A test case in the High Court saw a judge rule a £17,000 RBS loan as unenforceable - after the lender was unable to produce the original credit agreement within the required 12 day period. More importantly, he also ruled that although the loan is unenforceable within the meaning of the Consumer Credit Act 1974, the obligations of the original contract were still valid, clearing the way for RBS to continue to pursue repayment.

If a loan is judged as ‘unenforceable’, lenders aren’t allowed to take the usual legal routes to recovering debt, such as obtaining judgment, sending in bailiffs, obtaining charging orders and so on. Instead, they will be within their rights to continue to press the consumer for repayment, including the use of debt collectors, to lodge the record of any default with credit reference agencies, to claim any credit balances held under rights of set-off, and to rely on any security they may hold such as mortgages or guarantees.

Around 100,000 claims for ‘unenforceable debt’ are believed to have been lodged with the courts to date. Over 3000 Claims Management Companies (CMC’s) have sprung up as a result. The majority of claims are based on the notion that original documents are not legally enforceable, especially in cases where the lender is unable to produce original copies.

As we’ve reported previously, most claims stand very little chance of success, and a number of CMC’s have actually been banned from operating due to misleading advertising and over-inflated charges. We think this latest ruling will sound the death knoll for many of them.

Any default lodged with the UK’s three credit reference agencies will remain on file for a period of six years, making it very difficult to get credit in what is already a tough economic situation. A good credit rating is vital in securing credit, and also determines the rate you’ll be asked to pay.

You can check your own credit report online with checkmyfile – for as little as £9.75. All reports are backed up by expert support from qualified credit analysts, so that if you find anything you don’t understand or disagree with, we’ll be able to point you in the right direction."

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I,ve received this through today as well- anyone out there got any further info? I do realise theat checkmyfile are part of Expedia, but there must be some foundation for this email?

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It has been discussed, http://www.consumeractiongroup.co.uk/forum/mbna/225423-has-anyone-seen-does-2.html

 

I don't think much has changed IMO. Once question I would like to draw on though; if 6 years have passed, does this (in light of the judgement), mean that a lender can continue to default ones' credit file for eternity?

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Did the case also involve mis-selling of PPI

 

From 1st December 2009 and if you reside in SCOTLAND a copy of the original CCA must be supplied with the WRIT & the original must be available

 

see the following link

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/223428-scottish-court-change-threatens.html

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Hi

 

i am no expert , but I would think that a contract between two people should be binding in legal terms as set out in the consumer credit act and binding on both partys, for a judge to say "oh its alright for the creditor not to obey/follow the rules , but the debtor must do so, even if the agreeement is not lawful.

 

judges spout a load of rubbish every time they open their mouths, i even told one to shut up and get a life, 2 hours in the cells did not change my view, punishment NIL.

 

So carry on as you were nothings changed , but credit lenders will sieze this to batter you all debters now , tell them to naff off and do your bit.

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You could appeal

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i think the judge was on drugs!

 

if he ruled the agreement as unenforceable, then the terms of the agreement (ie its obligations) are unenforceable, so how can the original obligations still stand? he's just contradicted himself. he's basically saying the agreement is unenforceable but you must still pay the debt back and they can try and make you pay the debt back. the only thing they can't do is pursue legal proceedings against you. its either unenforceable or its not!

 

lets hope there are some better outcomes from other test cases. my solicitor has advised me not to worry about this case anyway (i have 2 claims going through brighton court)

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btw johno, the test case was mcguffick -v- RBS

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