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    • Hey have filed a defence at 4pm today the day before I could request a judgement.  I thought it was last Friday but it was infact tomorrow they would have ran out of time 
    • Hello All,   My query is about the Service charge. I am leaseholder of a 3 bed flat in a purpose build block in London (Westminster) our service charge used to reflect the maintenance of the building and overall look and feel. But now not only service charge goes up every year but quality of service like general maintenance gone down. For example lifts keep breaking down, building needs refurb, walls are dirty, my windows are so old that in winter no matter how much heating you put on room still feel cold.    additionally they keep adding major works charges to service charge with this year being £1917 in addition to £1890 service charge. Don’t mind paying only if I see improvement in the block but we have only seen steady decline over many years now. So today I called them (city of Westminster) saying I don’t want to pay and cannot pay so high charges where there’s no evident results.    I came here to find if anyone has been successful in negotiations on regards to service charges complain or any advice regarding this. Charges are too for what we get    Thanks in advance  
    • this is going to be really simplistic, but have they started by talking to senior management now the bad apple has gone?
    • Hi everyone  . . .  Just an update   The CMD was this morning.  It started with cheap  manoeuvrability  by Intrum’s lawyer, but let me give you quick summery background:   The judge issued an order to us to submit evidence supporting our case such as call for witnesses or ask the court to order the original creditor to some action.  We were giving 21 days for the submission.  In my simple calculation without, allowing time to post, the final date was to be 10 March 2021, with post time 2 days later.   On the 10th March, and to be on the safe side, I send to the court the response version giving to me by DX100UK.   Then on 12th March, I send to the court the version giving to me by Andy, asking the court to replace the first document with the second  one.   On 7th of April I send Intrum lawyer the document 2 as it is our official response.   ON the 12th April I send the court the medical certificate for my niece asking to be viewed exclusively by the court.   At the start of the CMD the Judge ask Intrum lawyer to start.  So he started by claiming the following: 1.    We failed to meet the 21 days deadline set by the court. 2.    He received a response on the 7th April which is only a week ago. 3.    He admitted that he has the two version of our submission. He claimed that they were collected by colleague of his from the court’s Clark while he was in court. 4.    He said that this case has taken too long and the defendant just messing them about and keeping changing their plea.   At that time the judge announced that he does not have the two documents in the case file. He only has the medical certificate.  Then he turned to me to ask me for explanation. a)    I said that we met the deadline set by the court and submitted the required response.  Also I explained the issue with two documents. b)    I confirmed that we have received a confirmation form the court on their receipt of  my submission emails. c)    I stated that Intrum lawyer’s claim is incorrect that we failed to meet the deadline, and pointed out that he has our two documents in his possession which he obtained from the court.   Then the judge started asking Intrum lawyer on the content of the two documents, which is bizarre not to ask the author of the documents.   Intrum Lawyer stated that the two documents almost identical. He then started pointing out the negative sides in the documents such as our change of the 50% settlement.  He continued claiming that we are changing our defence without following the certain set procedure, which it seemed to confuse the judge. The lawyer  continued to ridicule the document in general without being specific.  At the end the judge turned to me  to response.   I said that the court must see the document as it is important to the case.  It is not correct to ask the lawyer to a brief the court on our document as he has been selective in what to read.  The judge came in and said that he asked the lawyer for a general summery of its content.   I continued that the full claim case is fundamentally flawed, and I continued to list why: 1.    The nature of the relation between the original creditor and defendant does not constitute the need for Financial Agreement between the two parties.  The claimant stated in their case that the defendant was in breach of a Financial Agreement. Where is this agreement? 2.    There is no Default Notice that the claimant stated in their submission there was a Default  Notice. 3.    Also has the original creditor served a notice of assignment on the defendant? 4.    The other fundamental issue is the question of the nature of the sum claimed!. .  .  .  . . .   At that time the judge stopped me asked me if I was asking for the other side to present these documents.   I responded:  Intrum are experienced organisation in this type of business.  They know very well the importance of these documents to the case, why they have not been  incorporated them in their case submission , . .  my answer Yes  . . . our missing response document put the claimant to Strict Proof to present these documents to the court.   The lawyer then announced that the Default Note was included in their submission and, he continued to quote a reference number, then he retracted his claim, which is I had a sense that he felt he has gone too far in his BS***t.   However, the judge spend most of session faltering and does not know what to say.  At the end he decided to go for another CMD. But then the funny part he asked the Claimant lawyer to send him the two missing documents.   I feel more positive now on the case but I would appreciate your views and comments.   Thank you
    • Had a reply from the Council today. While they didn't specifically say the car can be parked there, they gave me this bit of info which I am reading as parking being allowed during those hours as long as you don't enter the street:     Hadn't even considered deliveries! I live just outside the catchment area so I've never had problems, but it does make me wonder how Royal Mail, DPD and the rest are handling these kinds of restrictions...
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
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RBS Interest rate swaps- cap/collar

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Hi Aggi / all,


I am both a commercial business which I know is against the rules, and at the same time I am an individual trying to help in this overall situation. I don't / won't sell my business on here - but this sort of forum is important for everyone to understand and communicate what they are seeing and how they are going about this matter. I trust this will be taken as it should be. In fact much of what I do is look at whether people have a case (from a regulatory / FSA angle) and actively do reject cases that are not "mis-selling."


Aggi - were you put under any confidentiality clauses in the settlement through the FOS? There was a case last July that hit the Internet but was retracted after a confidentiality clause - part of the acceptance of more than the £150k that the FOS can legally bind.





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Hi All

Not sure if anyone can help me I have a swap have been arguing for some time now im just before issuing in the courts I think as I am outside FOS compensation limits

I do not bank with Barclays just borrow and I am in a tight fix I may miss this next quarters payments for the swap I will make sure my loan is paid direct to the account as what they do is take the swap then normally threaten to take the loan out of terms

Has anyone missed a rate swap payment and can they tell me what the consequences were or might be

I see James Ducker is in this forum would be very pleased to know your thoughts as well

Certain you have all seen it but Telegraph are doing a great job and nice to see that the Treasury may look into it sad that Vince cable didn’t do his job properly

Hope someone can advise

Many thanks fellow victims

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You should really try to find some way to talk to this individual as she seems to have interesting info that’s not been gagged

I have one of the top three companies in google search working on my case and it is slow

I think I will not be able to make this quarters payment any ideas what Bar Cap will do?? Its in my personal name

Be good if you can help

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Hi AnonBarcap,


I'll be at my desk for a while yet finishing some work if you would like to call. Happy to talk over with you.

I've had a really useful chat with Aggi as well - thank you Aggi!

I'll be arranging a gathering for everyone in this situation shortly so we can share thoughts and experiences. I don't want there to be a hard-sell or fear of turning up so any and all ideas / comments / thoughts welcome.


In terms of missing a payment, I'm not a solicitor, but in my opinion the bank should have the loan and hedge tied up either through an ISDA, a TMA (Treasury Master Agreement) or a long form confirmation. At worst they have "implied ISDA" (ie. never got one signed but assume it to be agreed. What these documents in effect do, is tie together the loan and the hedge for breaches and for security - so if you miss a hedge payment they can call a breach on the deal, and "call-in" the security (usually property). This would of course more than likely put the loan in breach etc. etc.


I have outlined the hard and fast rules, and in reality the bank may well act differently, but if you can avoid breaches at the moment I would suggest doing so. Each situation is different and each breach different, indeed the security may not be there or may be worth less than the loan - a perverse extra problem for the bank to consider. Due to each case being unique it's difficult to talk generally, but I hope that helps in some way. As these are legal documents I'd also ask for a review from a solicitor with regards to the ISDA etc.


Can I ask which firm you are using from the "Google search" - I wrote recently in a blog that there are sharks already in these waters and some are using Google Adwords quite extensively. I wouldn't publish which firms I believe these to be openly, but happy to talk honestly and openly about any and all firms that I know.



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  • 2 weeks later...

Hi we believe that we too were mis-sold our cap & collar and were not told at the time that it was a 'condition' of the mortgage that we took it out. we have sought council on this matter which cost us quite a lot but we were told back in 2009 that the contract was valid. we have had a couple of law firms ask us if they could act on our behalf to take legal action agianst the HSBC banks but we are just a small company employing 3 staff and cant afford the court fees. It has made my husband very ill with all the worry and we have paid out in fees about £40.000 so far. We thought we were being protected by the banks but we feel we have been 'sold down the river' If anyone out there has any news that could help us fight this case in the courts I'd love to hear from you

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  • 2 weeks later...

Hi Aggi,


Did you have a cap and collar or a dirivitive rate swap ?


A solicitor who contacted me said that most of the recent cases in the telegraph related to the Dirivatives rather than the cap & collar that we took out.





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Hi All,


I was told to take a rate swap in 2007. I was told by RBS that it was in my best interest!!. They told me that interest rates never come down and will be going up. I never asked for a loan swap. I wanted a normal repayment loan but that was not possible without me signing the swap papers. They faxed over to me the paperwork I had to sign so they could release the monies.

Each month I am paying over £4000 back to the swap. I called the number on the swap papers last week and asked them for statements to see what I have paid upto date, but the guy on the phone was rude and said you are ringing the wrong department and this is risk management (Nigerian accent). When I said your number is on the statements and take my reference number he said ring me when interest rates go up!!!!. Then we can talk business.

Half the numbers on the paperwork I received from RBS do not work anymore.


Another thing you have to remember is that when you have a business and someone offers you money you would do basically anything for them until you repay them back. These are the laws of nature and every hard business person knows this. We are all afraid that to go to our banks and complain, this could jeopardise our relationship with them. Everyone is afraid that they could ask for the loan back. The banks KNOW this and have everyone over a barrel. I was even advised by the bank to use a different solicitors to the one I have been using for the past 10 - 15 years to do the deal. They recommended one in their own area a firm that I never knew existed. This was another condition of the loan.


What happens now is in the hands of the FSA. Who pays the FSA?.......

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  • 2 weeks later...

There is a meeting of MPs in Committee Room 14 on Tuesday 24th April.


Please contact your MP as soon as possible so that he/she attends what will amount to a seminar educating them in the area of Swaps.

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  • 2 weeks later...

Have you all signed up with Bully Banks ? If not email them. I cannot give the address as I do not have enough posts to my name. They instigated a meeting of over 35 MPs in Parliament on 24th April. Sign up with them and they will keep you informed and advise on action to take. It might help

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Anyone who has a potential legal claim against the bank has only 6 years in which to lodge the claim so they should seek out a decent law firm which offers true no-win no-fee service, all too often they charge hefty fees.


There are major problems for those who have been bankrupted as a direct result of unsuitable advice.

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This one used to work at the FSA in enforcement and then at SRB Legal but has moved on to a much more substantial firm which happens to be one I have used for many years and can vouch for their track record.

Give her a call.


For the record I do not benefit from referrals as the practice of payment for such referrals was banned last year.

Clare Harries


Clarke Willmott LLP

1 Georges Square

Bath Street Bristol BS1 6BA

tel: 0845 209 1346

fax: 0845 209 2519

international tel: +44 117 305 6346

international fax: +44 117 917 5594

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  • 4 weeks later...

I have just sent this to a lawyer on the Bully Banks site,

I had an IRSA product covering £2.43m of debt, which indeed has now been wound-up as a result of a complaint to the Ombudsman. The product was with RBS, cap at 6.2% collar at 3.75%, this was ‘linked’ to a loan at 1.225% over base. The terms of this variant were such that when rates fell to below 3.75% the full 6.2% was charged. My point here is that RBS/Nat West did not then lower the payment due on the loan itself, so we were still being charged at the agreed amount in the original mortgage deed-when interest rates were higher. In theory this should have reduced the term of the loan, however as they never sent statements it is difficult to tell. So your clients are probably facing a double charge, certainly I did ask RBS to reduce the pay rate on the loan and they refused, I asked them for a refund of the extra capital we had repaid, they refused. You can easily check what they should be paying, (a least a good ball park figure) on a capital repayment loan at the Council of mortgage lenders web site


If indeed they are doing this, and I suspect RBS is, then the whole reason for selling the product in the first place is a sham.


Apologies if you are already on top of this, but it’s not something I have seen in the press about these products and I know RBS were adamant that the loan pay rate would not be reduced!.

Edited by Aggi
Didnt mean to include my name
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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



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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  • 8 months later...

Hi Ive just registered as I was looking for a forum such as this, My brother who owns a care home in Surrey has a swaps product and Barclays has put his business into Administration, taken £160000 from his account, I have been trying to get more info and any group of businesses looking to take out a class action against the banks. As has been said a group action would have more clout and cost less.

We are aware of the current action against Barclays by Gardian Homes

Any help or guidance would be of great help

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Hi Kibsey,


You have to join Bully Banks, over 1,000 of us are now involved. Just google them, they are amazing. They have, with the help of Harry Wilson from the Telegraph, been responsible for the FSA paper published today. The findings were that over 90% of the products were mis-sold.

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We were old a interest rate swap in 2007 and still paying this today.


Everything was arranged by our business manager who had previously arranged other borrowing (no previous swaps). We are a small restaurant and bought our property which we were previously renting.


We have complained to the bank only are now going to review accounts as per FSA announcement but cannot provide timescales.


We are looking to start court proceedings we are sure of our case(mainly due to our history with our banking manager) and want to go it alone. I know we have to send in a LBA and then issue court papers but wouldn't know where to start with the particulars of claim.


Any help would be appreciated




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The legal system is a minefield even for supposedly competent lawyers. Do you have legal expenses insurance? I always insisted clients added it to their policy.


You have to make a commercial decision, personally I would allow the bank to do what the regulator has told it to but make sure you have a second opinion on the suitability of the product and of course the level of redress if it is forthcoming.


AND, watch what you say on the telephone or in writing. Cunning they be.

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