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    • Thank you both, I will make those changes. I have also downloaded the compensation list to add to the evidence and complete the protection bit off their website.  I am going to court next Thursday to deliver the bundle; I will confirm this on Tuesday. I have been to court a few times to represent the military when a soldier is in court, but I will be going. Thank you for all the additional advice. Once I have the whole bundle, I will email it to the admin email. Ill be honest, this is not about the money for me, I do not mind losing that, so I will not be signing a confidentiality agreement.   You guys are amazing
    • Actually there wasn't a massive amount of work to do on the WS.  The "meat" was there because of the great work you'd already done. Here is a version which I think is nigh-on finished. However, with Easter there are a few days for the other regulars to suggest tweaks. Defendant WS.pdf
    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer via phone. This part has now failed, as confirmed by the manufacturers who sent out their engineer FOC. This engineer installed a replacement part, our machine came back to life, but sadly they had to remove this part used for testing as "we would be charged for it" otherwise and reinstalled the old faulty board. The retailer are refusing to replace this part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
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DTI to take legal advice: Are penality charges legal?


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I've been reading through evidence of a recent select committee and found an interesting exchange about credit card charges:

 

Q1223 Mr Mudie: I want an answer in my lifetime! You have got the taxpayers' brass in great millions, you can surely spend a wee bit on good legal opinion as to whether the credit card people are acting legally. I would think it would send such a shot across their bows if you agreed to do it publicly.

 

Mr Sutcliffe: Actually, I think the terms of the contract exist, but it is something that we could certainly look at. I will look at it and get the advice.

 

Q1224 Mr Mudie: As a Department you will get legal advice to see whether they are acting legally with this blanket penalty charge that is in no way explained by a pre-existing loss in the words of the National Consumer Council. Is that yes, Mr Rees?

 

Mr Rees: It is yes...

 

So the DTI undertook to get legal advice as to whether these charges are legal. I've searched everywhere for the outcome of this legal advice but have been unable to locate it. I contacted my MP on 13th March who has forwarded my request for the legal advice to Gerry Sutcliffe at the DTI.

 

I've also put forward a FOI request for the information, although it takes a long time for FOI requests to be actioned by the DTI.

 

Does anyone here have Gerry Sutcliffe (Bradford South) or George Mudie (Leeds East) for MPs and fancy chasing it too?

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We could always ask T.Blair to follow it up.

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Be interesting to get a copy of "PricewaterhouseCoopers, Precious Plastic 2002, page 7"

 

"A recent report from PricewaterhouseCoopers stated that "[Credit card] issuers are becoming increasingly reliant on these fees as a source of revenues"

 

tut tut

 

"Barclays told us that Barclaycard "had replaced its annual fee with charges for late payment"

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  • 4 weeks later...

Did anything come back from this?

 

That is a very interesting document. Especially the bit about the postal strike. And in answer to the fact that Barclays refused to provide a breakdown of the charges -

 

"...I think it is inconceivable that those figures are not available so I would do my best because clearly it must be in the industry's own interest to show a good code of practice, code of conduct and that is the basis of the consultation and the discussions in my meetings with all sectors..."

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Did anything come back from this?

 

That is a very interesting document. Especially the bit about the postal strike. And in answer to the fact that Barclays refused to provide a breakdown of the charges -

 

Not really. My MP forwarded my letter to the minister. One of the minister's aides wrote to me with an identikit letter not addressing my request for the legal advice they took.

 

Two weeks ago I wrote to my MP again asking him to chase it.

 

I put in a Freedom of Information Act Request on the 10th April. They're currently investigating, although I expect something called a 'Qualified Exemption' under Section 42 will apply.

 

So... not holding my breath and doubt I'll get it!

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I checked the DTI web sites (by the way they have a huge amount of stuff available for free that they will post to you free as well) and they did produce a huge white paper credit report. I haven't read it yet but it looks interesting. You can download the PDF as it actually costs to buy a copy (probably as it's hundreds of pages long).

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Just to conclude this matter, a civil servant at the DTI confirmed to me yesterday that the minister did not take legal advise as a result of the select committee.

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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