Jump to content


  • Tweets

  • Posts

    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 161 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
        • Like
  • Recommended Topics

nackers v A&L


nackers
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6352 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Which address did people here use to send their letters to? Did anyone use fax or email instead? There's a number here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html?garpg=3

 

*gets fired up*

Alliance and Leicester: started 2/9/6, LBA 7/11/06.

Link to post
Share on other sites

I would be inclined to do it all by post. Any address for A&L is fine, as they can forward it where they like internally.

The Consumer Action Group is a free help site.

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

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.

Link to post
Share on other sites

I faxed it and posted it in the end and got the standard reply yesterday. The lba will go out on monday. Strange, but I'm getting a bit excited!

Alliance and Leicester: started 2/9/6, LBA 7/11/06.

Link to post
Share on other sites

Hello nackers,

(Fireworks going off outside, as well as in A&L Customer Service)

If you can, I would strongly recommend taking docs into your Branch for Faxing to HO, Ian Wade et al. Ask for annotated proof and cover sheet, plus confirmation from other end that request has been made AGAIN. You should then telephone Ian Wade on 0151-966-4306(thankyou for this, Battleaxe)and say that you are ringing as a courtesy to advise LBA is en route when you finish on 'phone, resulting from A&L non-compliance with your DAR. Although it was late on Friday afternoon, 27/10, when I did this, I had everything, including notes, by next morning's post- a Saturday.

Not so good since, though. Still no chequebook, internet banking, card, all promised for Tuesday last.

Please do phone - it will work. I referred often to 'the backing of my case by the Consumers Action Group.'

Good luck.

Link to post
Share on other sites

nackers, please see my post on own thread re:clause 3.3.1. in the latest booklet.

I am so certain this is being breached left, right and centre in most people's a/c conduct.

Write and remind them that the account is in dispute and they should not take any further action until the dispute is resolved. If you get more charges just stick them on your spreadsheet for the next stage.[/quote]

-especially in view of your post which triggered caro's response.

Link to post
Share on other sites

I went to the post office to post my LBA today and ended up in a row for about 20 minutes because I put £10 to pay for it under the bandit screen, looked down to fill in the recorded delivery form and then the cashier asked for the money again and refused to accept I had given her any money. I didn't get it back, though they didn't make me pay for the letter again (essentially because her supervisor wanted rid of me). After much hassling they did give me a name and a phone number that I could call them back on so I can try and follow this up. MORE HASSLE.

Nothing's ever easy is it! This isn't a great omen for the rest of my claim!

Alliance and Leicester: started 2/9/6, LBA 7/11/06.

Link to post
Share on other sites

nackers-

Do NOT FEEL this is a bad omen for your claim. It is, in fact, a VIVID REMINDER of what A&L are doing to you. I don't know what sort of PO you frequent, but I would insist on seeing the Manager. If cashier pocketed your £10, it's not going to show up on her end-of-day reconciliations. Sorry nackers, but DON'T LET THIS ONE GO.

No - as somone dear to me says - Life shouldn't be so hard, but it often is, in the fight for right.

I would go straight to the top, someone here will have PO Head Honcho contact details. Is it still that Crozier chap, who was mixed in a mess with one of Sven's cast-off wimmin? If so, maybe he'll remember what his surname means in relation to your just complaint and behave accordingly.

We are all with you.

Link to post
Share on other sites

thank you ampersand, I was hopping mad yesterday and their central customer services got a lengthy essay complaining and I won't let it go! It's less the missing money and more the fact that I was actually accused of trying to steal from them. As if I would want to spend my whole lunch break preparing a letter, queuing for 15 minutes and then another 20 mins or so being told I was some sort of con artist for the sake of £10!

Being hopping mad seems to have helped me focus on getting even anyway!

Alliance and Leicester: started 2/9/6, LBA 7/11/06.

Link to post
Share on other sites

  • 3 weeks later...

The story so far: I have sent an LBA and as expected A&L have not offered me a refund within the time limit, so my next step is the MCOL. However, I am waiting until the end of next week to do this (because I haven't got the money to do so this week!).

 

This would be all well and good, were it not for the fact that A&L continue to add charges to my account and sent me a default notice yesterday as I have been over my overdraft limit of £100 for a couple of months now. The amount of money I am over the overdraft limit by is composed solely of their bank charges. I have pointed out in my last two letters that this is disputed and they should stop adding charges and not default me, apparently to no avail. Obviously I want to stop them taking further action on this default and eventually get it off my credit file, but for the moment making sure they don't call in debt collectors would be enough.

 

Is the LBA notifying them that I intend to take court action enough to prove that this amount is disputed and that they can't call them in?

I can see that bankfodder suggests in order to get the default removed, that you might add this as a condition to the court claim for the charges.

Does anyone have any experience of doing this? Ideally I'd prefer not to complicate the court case, has anyone had any success of getting A&L to remove these defaults purely by sweet talking or writing?

 

This is insanity of course, I would have paid almost all of the £100 off by now were it not for the fact that A&L continue to add another £50 or so in charges to it every month!

Alliance and Leicester: started 2/9/6, LBA 7/11/06.

Link to post
Share on other sites

Guest Battleaxe

Nackers,

 

A & L will not do anything until you get heavy with them. I would get the claim underway and then address the default after that. get that claim in NOW.

 

if you dom't have the money to do it on line, you go to the laocl county court and fill in an EX160A and ask for the filing fee to be waived because of hardship. hand you documentation over and wait. it takes about a week. I know this from experience.

 

Make sure you have all the documentation with you when you got to the County Court.

 

Just sending A & L the Prelim and LBA letters does not mean a thing to them and the things are computer generated, so no human sees the noticeds being sent out to you.

 

Do you realise and it is a seperate issue, you are being harassed? They are trying to get you to play the game their way.

 

File a complaint on line immediately with the OFT and then email A & L letting them know you have done this. email [email protected] letting him know what you have done. make sure you get a read receipt for the email and print the email off after you send it and the read receipt, you will need to keep this as evidence in case they decide to play silly beggars with you.

 

Until you really let them know you are playing hard ball, they will just continue to fob you off. You have to keep the pressure on them.

 

You get stuck, you PM me.

Link to post
Share on other sites

I think you are far more likely to succeed with the default removal if you include it as part of your claim. Defaults are notoriously difficult to get removed, but there is no doubt that your case will be less straight forward. The banks will argue till the cows come home that they won't remove a default, but if there is a question of bank charges being claimed it is much easier to get sorted if you include the default removal as part of your settlement.

 

You say you have notice of a default. Does that mean that they have given you notice that they intend to put a default on your account or that they already have. They will be in breach of the Banking Code Section 13.6 which says:

 

13.6 We may give information to credit reference agencies about the personal debts you owe us if:

 

you have fallen behind with your payments;

the amount owed is not in dispute; and

you have not made proposals we are satisfied with for repaying your debt, following our formal demand.

 

I suggest that you write to them and remind them of this as a matter of urgency. It's much easier to stop a default from happening than getting it removed.

The Consumer Action Group is a free help site.

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

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.

Link to post
Share on other sites

Thanks both of you.

 

I have just dropped in - what a week! I have had a mad week at work, a job interview to swot up for tomorrow and a hectically busy weekend so I haven't had the time. I have started on the MCOL and saved it and I will put it through on Sunday hopefully and draft correspondence on the default to go on Monday. I have the money to pay for the MCOL now, but sadly as work messed up my christmas advance it's going to leave me pretty short! I just think that given the default developments I need to get it sent ASAP (but I don't want to rush it and get it wrong). This is also driving me to leave this bit off the court claim and pursue this separately, but also ASAP. I can see pretty clearly they're in the wrong and think I can make a good case but I don't need to complicate things, I'll just try to get in very soon!

Alliance and Leicester: started 2/9/6, LBA 7/11/06.

Link to post
Share on other sites

Hi!

Hope you can get your mcol in soon- as the "nice people" at A&L might give you a christmas bonus!

Worth a shot!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

  • 3 weeks later...

hello again! well I finally got the MCOL through and am awaiting response to correspondence on the default issue.

 

for my next question, I would like to know if I need to factor in additional time for the banks to acknowledge or defend my MCOL due to the bank holidays coming up - i.e. it was issued on the 15th December, so in theory I could ask for judgement on the 29th December, but there are 2 bank holidays in between so I wondered if I had to give them more time?

Alliance and Leicester: started 2/9/6, LBA 7/11/06.

Link to post
Share on other sites

I think you should check that with MCOL. Give them a ring.

The Consumer Action Group is a free help site.

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

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.

Link to post
Share on other sites

  • 2 weeks later...

:D

 

I got home yesterday to find a cheque for the full amount claimed on the MCOL - just short of £1400 :) So I can be moved to the successes now!

I would never have had the confidence and knowhow to pursue this without the forum and I will definitely make a donation when I get round to cashing that cheque.

 

:D

 

(....Although there have been a further 2 charges since I put the MCOL through so I'll need to go after them too now and there's still the default to sort out :rolleyes:....)

Alliance and Leicester: started 2/9/6, LBA 7/11/06.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...