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    • Ok just an update sent my DQ recorded delivery, received by court 18/07/24, nothing yet showing on mcol. Deadline is Monday 22/07/24. Hopefully shows on before
    • So, the two child benefit cap is going to (rightly or wrongly) be a big issue, with the care of kids undoubtedly taking second place to political point scoring  ... Some think that parents should be responsible for kids, and the state pay as little as possible else the parents will just use having kids (which they then neglect) as a means of income for them to spend on fags and booze. Some think that benefits should be effectively there for anyone whatever the circumstances.   So what do people think might be some sort of solution?   I think that both those stances are extremes,  and you can be sure of just a few things 1. Neither or any approach fits all affected. There are some who will abuse the system, just as there are some left in genuine desperate need. 2. None of its the kids fault, and how they are treated will have a large impact on our nations future.   So, despite the claims of 'it means only rich people can have kids' which is rubbish, I think the cap should stay. ... BUT that free school meals should be introduced for all state school kids:   Which would * ensure our nations children kids get fed at least one meal a day with the funds intended for that * be a significant incentive to go to school for the poorer kids at least - keeping many off the streets and away from bad company * almost certainly reduce problems and increase productivity in the classroom from irritable hungry kids (per stats)   Not a perfect solution by any means - but seems a positive move to me.    
    • and more positive change From next year, mobile phone, paid television and broadband companies must inform customers of any price rises at the point of sale. The changes, ordered by Ofcom, will come into force on 17 January and mean that any mid-contract price rises must be given “in pounds and pence” and in a “clear and comprehensible” way.   Taken a change of government to do it after years of bluster about it eh?   Mobile phone companies banned from hiking prices mid-contract based on inflation WWW.INDEPENDENT.CO.UK The new year plan ensures providers are transparent on prices at the point of sale  
    • Could he/ his partner set up a new internet bank account?  In his name ? It depends which country, I imagine. Most UK banks want proof of address and ID, probably more. If your friend/partner can use the house address and provide bills that could help. You would need to look at various online banks and see what their requirements are. Or there are expat accounts but I haven't looked closely at how they work. Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage) I'd have thought the DWP would pay to a new account, as long as the person they're authorised to deal with asks them and provides details. The international pensions people in Newcastle are pretty helpful.
    • HB - he has certainly given me a challenge ! I set a plan in motion. A refinance plan that would have enabled me to take time to sell one asset and sort out another for him.   The bank account blockage has hindered the plan.  His partner seems to think I can do everything w/o paying anyone for anything.  I don't mind helping - but it's not normal to clear out 2 properties, organize storage or sale of possessions, get properties ready for sale/ rent - w/o being paid.  He has the money to pay for things and services - and for my help - but the blockage prevents that. If the refinance plan could still be actioned then at least I would have some time to sell one asset.  Could he/ his partner set up a new internet bank account?  In his name ? Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage)
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
      • 162 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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What we do if you ask for charges back


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I originally posted this in the RBS forum but someone asked me to put it in here to give an idea of what happens in the bank when you ask for charges back - I'd imagine it'll be similar sort of idea for other banks... Enjoy

 

How charges get refunded for personal (ie no business) RBS customers :D

 

:p In Branches:

Any member of staff can take your complaint / request for charges back (at the counter, by letter or phone)

We are trained to log this an official concern (complaint) on the sytem but be wary not everyone will take the time to do this as its time consuming. The staff member should at the very least refer the matter to the relevant person (branch manager / area manager / customer relations)

Branch managers only have authority to refund up to £50 in each case (i believe its the same limit nationwide) and they actually have a budget set aside for how much their branch can "spend" on personally refunding charges!

Area managers have authority to refund more charges, regional managers higher amounts still; though to be honest if you're wanting more than £50 back you should go direct to customer relations.

 

:p Customer Relations: (Freepost PO Box 1727 Edinburgh EH12 9JN / 0800 015 5035 / [email protected])

This is a department of the bank dedicated to sorting out complaints before they are taken further. They have a lot more authority to take action / refund charges than branches and this is probably your best port of call. It's in the banks best interests to settle with you within 8 weeks of making your complaint (has to be logged) otherwise you are free to complain to the Financial Ombudsman and this will cost the bank at least £370 (i read £370 on another part of the forum but we've always been told it's £500?). If the Ombudsman decides you were right the bank has to abide by their decision and do what it says. If they disagree with you and take the banks side the bank is still charged and you pay nothing.

I believe you can also take court action at any time regardless of who is dealing with your complaint.

 

:p Internet/Phone Banking:

I am not 100% sure but i believe they either send the home branch a message to investigate or use the same concerns system to log and try to resolve it as branches do.

 

:p New department (I don't think customers can contact this dept directly)

There's been a new department set up last few weeks (MCC i think?). Originally we were told it was a help centre to give advice on how best to handle complaints that we are trying to resolve. But now it looks like its part of a bigger plan...

Just a few days ago in our morning staff meeting we were told all about the growing consumer movement that "bank penalty charges are illegal" and the court case v Lloyds, and alsoshown a letter like the ones available on this site. We were advised that if we received a letter like these we were to send them immediately to this new department and that they would handle it from there as we didn't want to "get to the stage that there were baliffs coming into the branch". Interestingly enough my manager who is normally a right jobsworth didn't try to dispute the statement that bank charges are illegal.

 

:roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll:

 

I've heard of cases where customers are made to sign a letter saying that they "understand they will be refunded this one last time but they are not to ask for any more charges back and we will not refund anything else unless it is a proven bank error........."

......only for them to be refunded again the very next month!! So generally speaking always accept the charges we offer to refund at the time, but then ask for the rest back as well.

 

 

Remember if you want your entire lot of charges back the best chance of success seems to be using the "bank charges are illegal penalties" letter templates on this site. From the look of it they seem to meet with success everytime (as long as you follow through on everything)

 

And finally remember next time you come into the branch that, believe it or not, the majority of bank staff are on your side. We're just not allowed to tell you that we also think that charges are excessive and unjustified or anything other than the banks policy on charges or refund more than our department is allowed to otherwise we could end up being disciplined or even sacked. Its something we regularly talk about amongst ourselves and i am yet to meet a non-manager who doesn't think the charges are disgusting or obscene. So please be nice to us :)

 

I'll try and post something useful in the next few days...

In the meantime I'm off to send a letter to Barclaycard and one for a mate to RBS. :wink:

  • Confused 5

(Yes I work for a bank but am here to help! Please be nice to me! :))

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Great - whilst we don't like banks, it is inevitable that they will employ good eggs. Thanks a bunch, this will inspire people to action, and give them the confidence to pursue their claims.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

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Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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interesting read Thank you! :D

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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Banks certainly do employ some good eggs - many moons ago (actually about 28 years!) they employed me! :lol: But that was when we REALLY did do manual intervention and you could come in a chat with your bank manager! Stayed with them 5 years, was running a sub-branch by the time I left to work in a typing pool for £40 a WEEK more!!! I think they are still crap payers from what I hear! :roll:

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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get to the stage bailiffs are coming into the branches??? that seems like an admission there isnt a legal foot to stand on and you have a department set up specifically to conduct damage limitation with regards to unlawful contracts.

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Banks ask people to sign away their legal right to reclaim charges?? Sounds like an unfair term to me - not to mention as a principal at alw you can not get someone to sign away their rights!

 

Love to get a judges opinion on such 'agreements'

  • Confused 1

The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal expereince. For legal advice you must always consult a registered and insured lawyer.

 

 

Reputation Points Always Welcome

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Wow - were the letters shown to you the very ones in the library?

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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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Banks ask people to sign away their legal right to reclaim charges?? Sounds like an unfair term to me - not to mention as a principal at alw you can not get someone to sign away their rights!

I'm not sure if this was/is a bankwide policy or if it was just that particular manager who did it.

It seemed reasonable enough to us at the time because they were

-constantly breaching the terms of the account

-hassling us about the associated charges

-promising that "this will be the last time"

-getting the charges back

-racking up yet more charges 2 weeks later

and so the cycle continued ad infinitum...

Now I've opened my eyes i can see things differently!!

 

 

Wow - were the letters shown to you the very ones in the library?

yeah think so. just saw them briefly didn't get a chance to read thru wish i had now.

(Yes I work for a bank but am here to help! Please be nice to me! :))

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yeah think so. just saw them briefly didn't get a chance to read thru wish i had now.

Seems like another opportunity for the Mods to stake a copyright claim - if the bank is distributing copyrighted material to staff (to maintain a profit position) that sounds like breach of copyright to me...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Seems like another opportunity for the Mods to stake a copyright claim - if the bank is distributing copyrighted material to staff (to maintain a profit position) that sounds like breach of copyright to me...

Could be one of the letters sent in by a customer rather than one straight from the library. Difficult to prove

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Myabe that's why I only got one of my charges refunded instead of the two I asked for: if they can only authorise up to £50 of charges.

 

Thanks for the info :)

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Thank you for your "inside information", which I have just read.

I have been umming and arhing, as to whether it's worth the aggro to put in a "claim", as we have been charged referal fees, over limit fees, (which the bank quite happily let us run up). etc; for quite a number of years. I have now made the descision to "Go for it". Thank you.

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Bon chance.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Thank you for your "inside information", which I have just read.

I have been umming and arhing, as to whether it's worth the aggro to put in a "claim", as we have been charged referal fees, over limit fees, (which the bank quite happily let us run up). etc; for quite a number of years. I have now made the descision to "Go for it". Thank you.

 

Good for you.

 

Please make sure you start your own thread in the relevant section.

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Ooops...now let me just check which forums/fora Bookworm inhabits...and make sure I have all the relevant thesauri to hand...;)

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Ooops...now let me just check which forums/fora Bookworm inhabits...and make sure I have all the relevant thesauri to hand...;)

 

In this instance, it would have to be a French dictionary, not a thesaurus.

A bon entendeur, salut. ;)

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  • 2 months later...

At Capital One-

 

All DPA request are sent to katherine Blunt in legal department. However, you don't need to send a DPA request to see the last six years of statements. At the moment copy statements are free, we used to charge £10 but the powers that be are currently rethinking that based on how many requests we recieve.

 

But then you don't even need to do that really because when your letter comes in asking for refunds we have to check all the statements again anyway.

 

The letters will then be passed to the Executive Office department (manager Robert Udy) who'll reply to you.

 

We were offering £40 to begin with, then it went to 40% (might explain some of the offers with odd pence added to it)

 

Now to hopefully stop the other letters coming in, we're reducing the charges you've received in the last six years down to £12. Depending on the amount that then needs to be refunded you may get a settlement form asking you to sign that you agree the refund is in full and final settlement of your complaint.

 

We've received quite a bit of positive feedback about changing to doing this. A lot of people have accepted reducing previous charges down to £12 based on the fact the OFT said this amount was fair.

 

Dont get me wrong, I'm sure there'll be people who wont be happy with this. I've not seen any yet, but that doesn't mean I won't. At the moment I think they'll be taking the stance that we've offered to reduce previous charges down to £12 and if you're not happy you need to go FOS, but I'm not 100% as I said I've not seen them.

 

Going forward Capital One is reducing the charges to £12 but not till August at the earliest.

 

Hope this helps:)

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We've received quite a bit of positive feedback about changing to doing this. A lot of people have accepted reducing previous charges down to £12 based on the fact the OFT said this amount was fair.

 

Nononono! At no point did the OFT say £12 was fair. What they actually said was that over £12 was unfair, which is not the same thing. What they actually implied was that it would be a good start.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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So Capital one have decided to pay the balance on all charges over £12? But how far are they prepared to go when they are challenged for the full amount whistleblowingfairy??

Do they cave in fairly quickly or do they drag everything out to the last minute??

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