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    • Breakdown cover Hi, I presume like many that when it was decided to go with then 'A shadegreener' that I would receive a 24hr call out, just like British Gas! No more worries, they would deal with any issues. This is far, far from the truth.My boiler locked out, I reset it, it locked out again & again. So I phoned ASG Ltd on Saturday, then twice on Sunday, then twice again today. My boiler has been out of service since Saturday, with the F4, flame fail fault, which Weissman don't recommend resetting to many times. Despite calling and leaving messages on their answer service no one called me back. When challenged, guess what they, stated they have no record of my calls, this is despite me having a call log on my phone showing times of the calls and duration of said calls. So their lying, not the first time either. When I call back this morning, they said they would speak to Weissman and get me an engineer out,urgently ,bearing in mind I'm a Cancer patient and I've had no heating or hot water since Saturday! You might know, no call was received telling me when I would be getting a repair, so I rang ASG Ltd back and I was told that should ring Weissman... Just what am I paying a service contract for? So I called Weissman, they promised me a call back, never happened. I did however receive an Email saying I won't now get a call until tomorrow. I believe that the service being paid for isn't fit for purpose and has been missold. I had a British Gas service policy and it couldn't be faulted. 24hr, 365 day same day service and if no fault found, no charges were made, unlike ASG Ltd. Who expect the homeowner to be a heating engineer, diagnosing what wrong when a fault appears and if you get it wrong, your fined £150 for the mistake. Absolutely unreasonable and unjustified. I would love to know your experience with the breakdowns and call-outs you've experienced. I'm considering taken legal action, because the service being paid for isn't fit for purpose and missold as I have previously stated. The more ammunition I have, will make the legal action more formidable. I look forward to hearing from you.
    • It could also a recycled number issue, how long have you had that number?  If recently the number could have belonged to someone else who owed money sometime in the past and it was their contact number.  Was given a new work phone once, and the first call I had  on itwas from Rossendales bailiffs after someone for  Council tax debt.
    • I think they are trying to persuade the judge there have been a number of supreme court decisions which override a lot of the regulations we rely on here, they even say I rely on "out-dated legislation".   Their next main approach is to say the claim is statute barred and that I need to prove that I didn't know about this 6 years ago. My argument is that I couldn't have known since they concealed the statements from me until November 2020. After a GDPR request in 2018 they claimed for 2 years that they didn't have the statements over and over again. They finally produced them when I went to the courts. It was only at this stage that I saw I had the charges on the accounts. Since they repeatedly didn't give me the statements I would propose Kleinworth Benson is reinforced, as they may have tried to conceal the charges.
    • @Saints60 very sorry to hear about your story – but you've been asked to post your story on a new thread and you haven't done that. By joining into an existing thread, you confuse the issue, make people unsure as to whom they are responding and are probably likely to receive less help then you might otherwise do if your story was told as a completely new topic. Also – very importantly, if you post on a new thread, then it will tend to be recognised much more by Google so that people are more likely to come across these discussions if they also have experienced similar problems with this dealer. We are very interested in the fact that you say that you have identified this person – and I'm not sure why you haven't shared that information with us all here as well. As you are aware, one of the problems here is identifying the dealer and also where the dealer lives and what assets the dealer has because this would make it easier to get the police to take an interest and also to begin the necessary legal actions to obtain compensation. I'm not too sure why you haven't volunteered all of this information because the rest of your story has been pretty detailed. Please will you post a new thread and also give us all the details. It's important that all of this is shared. Thanks
    • letter of claim is 1st.   but that will never come whilst as they are your debt are still with the original creditors  years away from sale to DCA's if at all. so forget DCA's...please.    Just one point..   mail redirect does not always work nor is always allowed by royal mail for court documents i'e a claimform pack from northants bulk. many of these we have seen state do not forward on them.   now, stop panicking on the above for a moment and thinking this is bad... a claimform pack should be preceded by a letter of claim which you would get redirected... and ofcourse as above the wont be from an OC.  
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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.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      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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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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yorkshire bank charges v a very worried ker7085


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i have been claiming back my charges from yorkshire bank and had sent my pre lim letter after working out all my charges i have recieved a horrible letter basically saying get notted and added to it was this............................................please note that should you proceed straight to court action against the bank in respect of this matter, the bank reserves the right to lodge a counterclim against you for damages suffered as a result of the breech by you of your contract with the bank its really worried me i dont know if i should carry on or is this just a scare tactic

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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Really, really don't be at all worried by this. Yorkshire bank have been trying this scare tactic on more than a few people if you hunt round the threads. There more detail in them about what they are trying to counter claim and why it will never work.

 

Cheers

 

Hugh

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Really, really don't be at all worried by this. Yorkshire bank have been trying this scare tactic on more than a few people if you hunt round the threads. There more detail in them about what they are trying to counter claim and why it will never work.

 

Cheers

 

Hugh

 

 

thanks boyfalldown let u know how i get on :)

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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thanks boyfalldown let u know how i get on :)

 

 

 

im sending my LBA off and im swatting on all the court claim threads so i kind of know what to nexpect and get alittle more confident with it am i right in thinking i send my schedule of charges off again:idea: :idea:

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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Don't let them grind you down. I am one of those who have had a counterclaim, and it is so bad that I couldn't quite believe what I was reading. I have never seen court papers before, but even I knew what they said was plain silly. I have put in my defence and they are worried enough to have offered my money back plus court costs, but I have declined as I want my interest too. You will get loads of support here so don't worry.

 

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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thanks caro and youre right for sticking to your guns you have them shaking in their boots. i will let u know how i get on would i be able to pick your brains if i get stuck........ which theres no doubt about that

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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There is no shortage of people that are sick and tired of this organisations bully-boy approach to it's customers.

 

Fight them all the way and you'll get your refund.

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** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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ive done it ive sent my Lba off two days ago and feeling more confident as i know i have the support of people in this group. the only thing that worries me is the alocation questionaire i wouldnt know what to put in it but im trying not to get to wound up about it.ive been on money claim just getting familiar with the site and reading up on the quidence notes and ive also satrted filling it in so any additional info on this process would be useful from anyone who has been through it.also i wondered if a experienced reclaimer could maybe be my buddy through this i promiuse i wont bug yeh.....................lol.:D

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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Example POC, which should fit on moneyclaim:

 

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

 

 

 

 

AQ is quite straightforward, you can mug up on it here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

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thankyou michael for your support i will keep you informed

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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Hi Ker7085

I was there a couple of weeks ago.

Don't give up, it is there standard letter. It's like a game of chess. You send a letter, they reply saying no and threaten. You reply by telling them you don't believe them and threaten back, etc.

I have rejected their 50% cheque and threatened court action and now recieved a reply from them saying, go ahead then !

My next step is to work out the interest @ 8%, costs, and add it all up. Then I can issue the moneyclaim.

Good luck.

Russ.

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Hi

I To Am Having Big Problems With Yb/clydesdale It Has Got To The Stage Where They Are Defending My Claim On The Grounds That Only I Am Making The Claim ( It Is A Joint Account With My Husband) And That I Have Not Included My Husbands Signature They Also Say Their Correct Name Is Clydesdale Bank Trading As Yorkshire Bank I Claimed Against Yorkshire. I Was Worried At First But I Have Returned The Questionnaire & The Fee Of £100 Pounds And Am Keeping My Fingers Tightly Crossed That They Pay Up. I Have Only Just Found This Yb/clydesdale Group But Already I Don't Feel Quite So Alone Now ! Good Luck To All Of You

 

Ruth

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Take a look at Trundlecats thread as she had the same problem, although you should be able to act on your own. Trundlecat's hubby just signed something to say he wouldn't claim as well. Don't worry about the bank name.

 

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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do remember me posting a thread saying i had sent my lba just as a matter of decency reaslly after my sod off reply from pre lim letter well i recieved another letter saying they wanted another four weeks to bring this matter to a satisfactory conclusion? dont know what to do shall i proceed with money claim on the 23rd as planned or give them four weeks

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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Hi Ker7085

I was there a couple of weeks ago.

Don't give up, it is there standard letter. It's like a game of chess. You send a letter, they reply saying no and threaten. You reply by telling them you don't believe them and threaten back, etc.

I have rejected their 50% cheque and threatened court action and now recieved a reply from them saying, go ahead then !

My next step is to work out the interest @ 8%, costs, and add it all up. Then I can issue the moneyclaim.

Good luck.

hi glenn good luck let me know how you get on because were at the same stage how do find moneyclaim i think after youve read the guidance notes about twenty times it kinda makes sense lol:cool:

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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i have nearly completed my moneyclaim and filled in my particulars but the only thing im stuck on is how to attach my scedule of charges as it wont fit in the spoace of particulars as it only allows a certain amount of characters and ive nearly done that so i would be really grateful if someone could help me with this one .............. ive searched faqs hi and low but cant find anything thankyou

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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You can't. When you know your claim no. send MCOL 2 copies clearly marked with your claim no.

 

thankyou micheal for your support :D

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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  • 4 weeks later...

Hi

 

Im new to this site and have banked with the yorkshire bank for around 15years. I have already sent them a letter asking for my charges for the last 6 years whihc total over £3000. They have already replied telling me no way will i get a refund and that if i claim through court they will counter claim and they have given me 6wks to respond. i was a little worried about about what i do next. can you please advise what the best course of action is

 

thanks

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