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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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    • 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.
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      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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GMAC Customers read this


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Hi jayjayhants

 

We are all at the early stages on this so no template letters available yet.

 

Look at the template letters used by the 'Bank Charges Refund' group elsewhere on the forum, and adapt those. Remember the first point of call is the FOS for complainants rather than the Court. Refer in your letter to the points raised by the FSA (search the FSA website for GMAC press release or judgement).

But first establish what your complaint is and quantify the amount claimed (dont forget that the ERC should be calculated on the outstanding mortgage only and not include arrears and charges;))

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Hi jayjaypants.

As for the fine to GMAC, i think you might not have any option accepting the offer on the basis of the first findings with the FSA. (Go to the FSA site and search for 'GMAC fine', that will give you an idea of what the findings are from the FSA including the breakdown of the charges they are paying out)

My £70.00+ has been added to my account as from last week. As for the other fees, ie arrears £50 fee, DD unpaid fee, and all other various fees that will be a different story.

As in the last message you will have to adapt the template for claiming bank charges to the mortgage fees etc. I have actually added the ERC

with Kensington Mortgages because i already have my statements so lets see what they come out with.

You should send a Subject Access Request to GMAC to see what fees they have already added to your account. £10.00 cost in which you will get back.

Search for Templates and you will get the information of how to write the letters.

Finally, According to GMAC and as of 31st October all arrears fees (£50.00) have stopped with them working with the FSA findings....

 

Good Luck.

Mcintosh44

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hi macintosh thanks for ure advice............have received an offer of 290.52 now its time for me to have them by the short and curlies!!! going to demand every penny they have taken plus interest...the fact they have stopped the 50.00 monthly fee as from 31st october means it was illegal and so shud be refunded in full...like the banks with their charges,gmac will not want this matter tested in a court room. they will hope that most except their unfair offer and then deal with the likes of us later...gmac are a bent outfit they have been found guilty of overcharging which in laymens terms is ripping people off. now its time for them to be hit where it hurts most in the pocket!!!!:D

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Ive been sent a letter saying that I am entitled to £113.00, on a mortgage redeemed over 3 years ago.... I had to phone them and confirm my identity and they said they will be sending out the cheque within 30 days... can I accept this and chase them for any extra unfair charges at a later date or have I basically made a boo boo by accepting this offer???

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I did the same i had to accept the "crumbs" they offered they told me @30 days for the cheque i think we have to wait for template letter to claim back the charges im gonna wait for my check then send ask for a breakdown of my previous account

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Hi peeps.

 

I have been offered £444 ish. I am OK with this as i shall eventually be pursuing the other charges. I have two points to raise if i may.

 

1. If anybody accepts their offer but is not satified with it, make sure you accept it unconditionally.

 

2. For the purpose of ease and cost, you might find it better to simply ask for a breakdown of charges, rather than a full SAR.

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had my offer and must say feel as if I have been kicked in the teeth with their generous offer of £69.12. I dont know what to spend it all on:mad: I will accept it but want the rest of what they owe me.

 

That insulting offer has made me more determined!!!

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have emailed a firm called jsk claims and am awaiting their response...they seem to be good at claiming money back and their charge of 10% isnt to bad either...i would advise on not responding until the situation as to if the refund is unconditional becomes clear...u dont want to except an offer in full and final settlment because u wont be able to make anymore claims against them in the future...

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have emailed a firm called jsk claims and am awaiting their response...they seem to be good at claiming money back and their charge of 10% isnt to bad either...i would advise on not responding until the situation as to if the refund is unconditional becomes clear...u dont want to except an offer in full and final settlment because u wont be able to make anymore claims against them in the future...

 

i calculated 1350 in charges based on £50 each month from 31 12 04

and 405 from the same dates to 31 3 07 for non dd

havent touched on 2003 and 2008

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It seems you may have rattled their cage :) not surprised considering the mauling they were given by the FSA.

 

I haven't heard anything yet from GMAC, but still a week to go.

 

Keep us posted on your progress.

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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It seem very pertinent to note that during the FSA investigation, they expressly identified 46,000 mortgagors who were victims of GMAC's conduct. Having so identified 46,000 mortgagors, whose names and addresses will be known to both the FSA and GMAC it would be interesting to find out if any of those identified persons have actually received any money from GMAC by way of refund. Point is that the FSA announcement identified 46,000 customers and calculated £7.7 million of overcharges. So why not just send them people the money? They know which accounts, why not just credit each of the respective borrower's accounts?

 

Personally, I think this whole FSA announcement is nothing more than a PR campaign to attempt to gain public confidence in the FSA. My reason for this opinion is because horses bolting and stable doors spring to mind. GMAC have scarpered. They looted the British public and scurried back to the USA a long time ago. So what if they've been fined etc., it means squat to us British consumers. Question is have they actually paid the fine? GMAC are defunct in the UK now anyway and have been so for quite sometime. Interesting that the FSA haven't fined any of the other GMAC style loan sharks that are still operating in the UK.

Edited by wonderman
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Hi wonderman

 

GMAC are still operating, managing the ongoing loan book, though they have withdrawn from lending.

The FSA does have clout, though it seems sometimes reluctant to use it. Regarding any ongoing investigation into Capstone, the timescale is 3-6 months, so dont really expect any announcements until the New Year.

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Hi All

Just had this offer letter through from Gmac, had completely forgot about this old payed up account and not sent a Subject Access Request or anything, there letter seems to be backing up what we have all be saying for a long time, what does anyone think? gmac offer picture by sellyservice - Photobucket

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Hi All

Just had this offer letter through from Gmac, had completely forgot about this old payed up account and not sent a Subject Access Request or anything, there letter seems to be backing up what we have all be saying for a long time, what does anyone think? gmac offer picture by sellyservice - Photobucket

 

Its a start :)

 

.....then chase them for the rest that they have stolen from you :-x

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Hi

do i take this money or tell them to stick this low amount, they took me to court and made my life hell, think i will get them tell what all the charges were on the account and get them to explain how they come to this amount..

 

Make certain that the offer is not conditional. Then request a full statement of all charges and payments, sight of all third party invoices, a proper redemption statement, then send your SAR. Calculate what is due, dont forget the interest, send your demand to GMAC. When they decline to refund, send your complaint to the FOS.

 

Good Luck

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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how do we make certain that the offer is not conditional, do we just ask this when we contact them to accept offer? I know this sounds a bit of a daft question, but want to make sure I don't make any mistakes

 

The first thing is ask, 'Is the offer conditional'?

Then on receipt of the letter check if it says anything like; 'this offer is conditional on', 'or acceptance of this offer....further claims', 'full and final settlement', etc.

Accepting the letter, doesn't mean that you accept the conditions attached, acceptance is assumed when you cash the cheque.

If you have doubts, then post here again for assistance.:-)

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Wohoo I am NOT impressed! I have been offered £100.44 against over £2.5k of charges. I was not surprised but am still disappointed. Now onto next plan of action....

 

You know the drill :-)

 

The FSA payout averages out at about £164 per account......its a start.

 

I've still not heard a peep from GMAC.

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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I have been offered £30.64 just rang them and they said it is the FSA that have calculated the refunds on each account ? so will be contacting the FSA and offering to supply them with a calculator, every time one of these bodies steps in they end up with a whacking fee for doing thier job and leave the consumer with crumbs and the company laughing with a slap on the wrist.

Why cant they follow the letter of the law andmake these thiefs payback all they have wrongfully taken from customers, not just the minimum they have broken the contract with thier customers and have made a hundred times more than the fine with thier extortinate fees.

sorry rant over just makes me very annoyed.

jdene

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I telephoned GMAC the other day and emailed them reminding them of their obligation to me, I also mentioned that I will be contacting the FSA IMMEDIATELY on the 1st December should their promised communication not be received at my new address.

 

I have had dealings with their HL Legal dept which sent a joke of a 'statement', a typed page including a £4000+ Asset Management Fee... (I assume it is a thinly disguised early repayment charge). I've asked for precise details, ie when was person appointed, their name, who authorised it, what work was done, copies of ALL paperwork, relevant or not AND the clauses and conditions in the original contract with GMAC which 'authorise' them to charge this to me...

 

If they want a paper trail they have one!

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