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    • Indeed. Have you been waiting two days or six months (or perhaps somewhere in between)? Spoil us - give us a clue!  😁
    • I was thinking about doing that but have read on a number of sites now that it's better to go down the appeal route. If the NTK doesn't mention Schedule 4 of the Protection of Freedoms Act 2012 can they still be caught out if its late?   I've read part C 3.1 (q) of the IPCs code of practice and can see in there it states that the NTK must "Be given to or served on the Keeper between day 29 and day 57 after the day the Notice to Driver is given (which is counted as day 1)."   Spose that's them out of luck then 😆
    • I have been served a letter of claim from a UK law firm pursuant to the provision of PAP for a mortgage i have in Abu Dhabi, UAE.   they are requesting that I pay the whole mortgage in one go, which is impossible to make.   i have been in discussions with the uae bank offering them to hand over the property and agree an amount to settle. They are refusing to take the mortgaged property and are asking for the full amount outstanding.   The mortgage agreement governing law and jurisdiction is :” agreement shall be governed by the laws of the UAE and the civil courts of dubai will have jurisdiction over all disputes under this agreement”   They have failed in their court case in the uae due a technicality. Do you think they can sue me in the UK or is it just a scare tactic to force me to pay?   thx 
    • Ok thanks DX . I have also received another letter dated the same date as the eviction letter . From lightfoot solicitors stating they have taken over from eversheds . And they have sent one to the District judge .   The intruct for possession order letter says I have at least 14 days before the eviction goes ahead . If they have applied £60 enforcement fee to my account .that tells me they are enforcing the eviction 😭   Do I now sit and wait for a court lwtter from the balliff ?  T Thanks for your time and also thank for replying . Regards markez  
    • We need to sell our house , as we need to move (health reasons and long story)  we have an interest only mortgage which started off with GE and is now Kensington 🙄  we were sold the mortgage through a broker back in 2006 we were very stupid as we didn’t understand what an interest only was at the time and it was never explained that we would need a policy to pay off the loan at the end of the term , our credit rating was crap and still is really but the house is now in negative equity it will never increase to the prices they once were because of the area if we get asking price then we will be about £7000 short we have no savings and wouldn’t be able to get a loan to clear it  , I have contacted Kensington to see 1. If we can actually sell and 2. What happens with the shortfall , they sent out a shortfall pack but at the moment it’s not relevant till we get an offer , then we have to fill in the form with the valuation report and offer and our income and expenditure and offer of repayment of the shortfall, my worry is what happens if the don’t accept the offer of our repayment? Luckily we don’t need another mortgage because we are going to be renting off family but just wondered if anyone else has had a similar experience? We also were taken to court back in 2009 for arrears but we managed to come to an arrangement, and paid most of it back and a small remainder was added on to the mortgage would there be any charges we could claim back?
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Rachlouie

A&L Financial Hardship Payout YEEEEPEEE

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Friday 16th October I gathered my spreadsheet of bank charges £1450 in one year!!! I completed my financial hardship letter and posted it for the attention of Alison Reilly at A&L normal address, Bootle.

3 weeks later I was starting to think why haven't I heard anything, when on my doorstep was a letter complete with Income and Expenditure form to complete. I was very honest with the details on this form and in my opinion my husband and I are in a sinking ship at the moment with some many bills like waves and they are all shouting louder and we are struggling to be able to last the month without having to take some item to cash converters for the cash on a buy back. I received the form saturday morning and by saturday afternoon it was back in the post 1st class (their expense). I did enclose letter's from our Housing Association with an Intent to Seek Possession, council tax forms showing how behind we are, car finance letter's - the works. Tonight I have just checked my bank account and there is over £1000 in there. I do believe that they have refunded £1015 of my £1450. I am so exicited and can't believe this sort of thing happens to me. I was only sat here thinking earlier of how I was going to afford Christmas let alone pay bills. :D I now have to use this money wisely.


Abbey - Sent Data Protection Act Letter 14/06/06

Received letter 26/06/06 microfiche argument

Sent microfiche argument letter 27/06/06 recorded delivery

Received bank statements for 15 months 30/06/06

Received printout of charges for April / March 2005 06/07/06

Sent LBA 07/06/06 (Template 1)

Re-sent LBA to two different addresses 18/07/06

Received another fob off microfiche story 20/07/06

:o Sent LBA in answer to microfiche again 26/07/06

Received another two fob off microfiche letters 26/07/06

Sent LBA Template 2 26/07/06 wait seven days

Went to court with N1 forms 10/08/06 Claimed served on 12 August abbey have until 29/8/06

:DReceived microfiche statements back to 2000 !!!

:-oSending letter before action with schedule of charges today 28/09/08.

Claim acknowledged Abbey have until 24/10.

Received 50% offer 25/10 along with defence

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Brilliant news. Well done.

In these days of doom and gloom, it's good to hear something positive, occasionally.

 

Regards, Rooster.


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Well Done:D


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

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1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

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Maybe the employees do not care now that Santander are makjing them redundant?

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Or maybe they have a feeling what the outcome of the test case will be. Or rather I should say they know the attempt to overturn the earlier legal judgement is doomed to fail. If the court rules that the OFT doesn't have the power to rule on charges well then its a bit pointless them existing really isn't 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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Well done Rachlouie. This is brilliant news, but make sure you still claim for the rest of your charges. If you could still do with more to help you out of your hardship, then let A&L know that, otherwise put a claim in at court for the rest of what you're owed.;)


 

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The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well done Rachlouie. This is brilliant news, but make sure you still claim for the rest of your charges. If you could still do with more to help you out of your hardship, then let A&L know that, otherwise put a claim in at court for the rest of what you're owed.;)

Caro, I refer you to the FSA Waiver on bank charges point 13.16:

 

"(16) if the firm attempts to resolve a relevant charges complaint after 27 July 2007:

(a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;

(b) in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then; and

© the firm must explain the implications of its approach and commitment;"

 

relevant part is highlighted in bold.


.

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

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There you go rachlouie. Yourbank has confirmed what I've said, so don't let A&L fob you off if you could do with the rest of your money now instead of waiting for the test case and OFT investigation to finish.

 

If you quote the part yourbank has highlighted in your letter to them, they can't argue that they don't need to do more.

 

Thanks YB.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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There you go rachlouie. Yourbank has confirmed what I've said, so don't let A&L fob you off if you could do with the rest of your money now instead of waiting for the test case and OFT investigation to finish.

 

If you quote the part yourbank has highlighted in your letter to them, they can't argue that they don't need to do more.

 

Thanks YB.

 

No problems but the OP has only had a Full and Final settlement of the hardship part of the claim. The rest is still live subject to the OFT test case issues resolution.


.

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

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No problems but the OP has only had a Full and Final settlement of the hardship part of the claim. The rest is still live subject to the OFT test case issues resolution.

 

What makes you say it's F&F settlement of the hardship part of the claim YB. If the OP is still suffering hardship she should tell the bank if the settlement is inadequate for her needs now.

 

Is there anything to say that customers can only claim hardship once and have to accept the banks first offer or part settlement?


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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What makes you say it's F&F settlement of the hardship part of the claim YB. If the OP is still suffering hardship she should tell the bank if the settlement is inadequate for her needs now.

 

Is there anything to say that customers can only claim hardship once and have to accept the banks first offer or part settlement?

 

On the first part of what you have said the question needs to be asked to the OP, ie does it meet their needs. From post 1 I think the OP is certainly happy with it thus far.

The Hardship guide you have written makes no mention of negotiation and there is no provision or guidance given to banks that they have to refund 100% of the charges if the person is in financial hardship. They don't have to accept the offer but the OP got a payout of over 50% of the claim which, unless they can prove that charges further back, caused their current hardship, would be difficult to argue. Personally, I think the payout is pretty good.


.

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

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On the first part of what you have said the question needs to be asked to the OP, ie does it meet their needs. From post 1 I think the OP is certainly happy with it thus far.

 

The Hardship guide you have written makes no mention of negotiation and there is no provision or guidance given to banks that they have to refund 100% of the charges if the person is in financial hardship. They don't have to accept the offer but the OP got a payout of over 50% of the claim which, unless they can prove that charges further back, caused their current hardship, would be difficult to argue. Personally, I think the payout is pretty good.

 

It certainly is pretty good and I'm sure the OP is delighted to have got something, but the point of my original post was to let her know that if it isn't enough to get her out of hardship, she can ask for more.

 

Speaking personally, my hardship lasted in excess of 20 years, and I'm sure I'm not alone in that bank charges were probably one of the main reasons for it due to the spiral effect.

 

I think the points made are now clear and fully explained for rachlouie, but if you want to continue to debate the issues on another thread Yourbank, perhaps in the hardship forum, I'll try and take a peek when my daughter has returned to uni after her weekend visit home. :-)


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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It certainly is pretty good and I'm sure the OP is delighted to have got something, but the point of my original post was to let her know that if it isn't enough to get her out of hardship, she can ask for more.

 

Speaking personally, my hardship lasted in excess of 20 years, and I'm sure I'm not alone in that bank charges were probably one of the main reasons for it due to the spiral effect.

 

I think the points made are now clear and fully explained for rachlouie, but if you want to continue to debate the issues on another thread Yourbank, perhaps in the hardship forum, I'll try and take a peek when my daughter has returned to uni after her weekend visit home. :-)

 

The issue re hardship is about when income becomes insufficient to cover "reasonable living expenses and meet financial commitments as they become due;"

Reasonable living expenses would not include loans, credit cards, store cards, etc,etc, but would include mortgage or rent, council tax, utilities, HP on a car used for work, Income tax bill, or collectively known as priority debt arrears. Let's be honest, there are times when we are very very brassic but it doesn't necessarily lead to missing those essential payments. I doubt you have been evicted for the last 20 years or threatened to be imprisoned for the whole of the last 20 years.

Furthermore in advice give by the FSA to firms who use the waiver from March this year "a consideration of a refund of charges, in particular where the charges may have added to the FD during, or immediately before, the period of Financial Difficulty"

 

So income minus charges lead to less money to pay priority debt arrears leading to arrears and therefore refund should be considered.

 

I hope that makes sense. As for the rest of the stuff. I think you know what I think of the financial hardship guide based specifically on the fact of innuendo and lack or real advice on what they need to do(thread announcing the guide is shut so can't discuss the issues in a constructive manner).

I assume, as a complete aside, that the washing machine has been on most of yesterday if your daughter is back from uni for the weekend ;)


.

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

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The issue re hardship is about when income becomes insufficient to cover "reasonable living expenses and meet financial commitments as they become due;"

Reasonable living expenses would not include loans, credit cards, store cards, etc,etc, but would include mortgage or rent, council tax, utilities, HP on a car used for work, Income tax bill, or collectively known as priority debt arrears. Let's be honest, there are times when we are very very brassic but it doesn't necessarily lead to missing those essential payments. I doubt you have been evicted for the last 20 years or threatened to be imprisoned for the whole of the last 20 years.

Furthermore in advice give by the FSA to firms who use the waiver from March this year "a consideration of a refund of charges, in particular where the charges may have added to the FD during, or immediately before, the period of Financial Difficulty"

 

So income minus charges lead to less money to pay priority debt arrears leading to arrears and therefore refund should be considered.

 

I hope that makes sense. As for the rest of the stuff. I think you know what I think of the financial hardship guide based specifically on the fact of innuendo and lack or real advice on what they need to do(thread announcing the guide is shut so can't discuss the issues in a constructive manner).

I assume, as a complete aside, that the washing machine has been on most of yesterday if your daughter is back from uni for the weekend ;)

 

You can assume and doubt what you like yourbank, but you know nothing about my situation. You are entitled to your opinions and I'm entitled to mine which are based on my knowledge and experiences. We don't have to agree. This site is about empowering people by giving them information to make informed decisions.

 

Rachlouie is very happy to have got some of her money back. She has had a positive result, and we've both reminded her that she still has choices that she can make. Let's not spoil her moment of pleasure.;)

 

If you wish to add further to your issues over the advice on this site Yourbank, please do as previously requested and start a thread in the appropriate forum.

 

Apologies rachlouie for the hijack of your thread.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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well done ive just got all mine back its great to open up the website and seeall that money

have a very happy christmas

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Well done, oh, I am so happy for you, have a great Christmas

I'm sure you are going to have a really good year next year

Lynn

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If anyone feels that CAG has helped get their money back and can spare a little, donations are always appreciated.;)


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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