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    • Probably because the claimant refused mediation Means nothing   An SA is a simple brief statement stating obvious facts of the case as the defendant now sees it taking into account their defence and if anything has actually moved forward since filing it.   As far i can see, the claimant has failed to serve any proof of debt, namely bills,etc etc   Pers health issues are not typically relevant. But in this case its worth a mention??
    • I could be wrong but if they are chasing you as the executor and the estate is settled in full then the debt is unenforceable and has 'died with the debtor'.   I had a similar debacle with a private health care company  who insisted that I was liable for their warden controlled facility on my late mum's property when once her accounts were closed and they didn't get that month's payments, started writing to me as executor saying that the debt and on going charges were now my responsibility. I gave them short shrift and told them to take a hike and after many threatening letters I told my solicitor to make one payment to them for the cost of 3 months service after the date of death, I told them they were lucky to get that and they wouldn't get anything else.   They kicked off and sent a few more letters which I refused to respond to and then they went away realizing they weren't going to mug me for any more money.
    • I hear what you say.   What does Theresa need to do, and pull together as a basis for the skeleton arguement? Proof of mental health assessment from her GP? Reference that part of the alleged debt is now statute barred? Lack of requested information from SW&S?   scmreferrals@justice. sent her an email 11th March 2020 offering mediation "A telephone mediation session of up to one hour is available to you on 01/04/2020 between 11.45 and 17.30." THEN: Another email from scmferrals was then sent within 2minutes withdrawing this offer of mediation.   Aside from the above. Would an SAR be of any use?
    • That advice is all good.  Thanks for everyone's help. its appreciated 
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hey there. I've just had a letter from A&L telling me that as I didn't have sufficient funds to cover a £29 DD they're charging me £34. Obviously I'm rather annoyed, especially as the payment was for scammy card protection which I didn't want anymore - I only signed up because at the time I had the money and wanted them to stop hassling me. Anyway, I'm about to print out the letter and will report back on just how rude they are to me. I spoke to them on the phone first and was told to read my Ts and Cs and that if the charges were unlawful then "I'm sure we wouldn't charge them".

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A classic answer from someone who obviously has not heard of the OFT's statement last week, lol.

 

Welcome.

 

Do let us know how you get on.

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Make your claim and get yourmoney back.

the if you can be bothered phone her nad say that if the charges were lawful you are sure that they wouldn't repay them - or everyone else's either

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  • 4 weeks later...

Right. I had a letter back telling me they will not be refunding my charges, and now I've looked at my account and they've only just charged me for the second day I was overdrawn. I had about £1 in there and they've charged me £25. So no doubt they will now be trying to charge me AGAIN. I'm changing accounts as soon as possible and will be telling them exactly why they're losing me as a customer after 13 years. I am so angry with them.

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Thanks for the support. The problem now is that I've been overdrawn for a couple of days, so any money I put in there (which I will have to borrow until I get paid) will probably be taken in yet more charges.

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Is there any way you can avoid paying money in? Can you cancel your DD's and pay your bills by giro over the counter? If you do, speak to your creditors first to inform them of what you're doing.

[

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I don't have any DD's or any bills to pay out of that acount now, the only thing is my pay is due to go in on friday. But, if I just stay overdrawn and pay no money in they I'll get more charges anyway. Argh?

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Is the balance large? You could pay it off and then claim them back of course.

 

Wow, this hurts my brain so late at night.

 

Just remember, any charges you get, you can claim back. You must make your decision on what to do.

 

It's just a real pain that they put you in this position to start with.

 

Good luck.:)

[

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It's only about £24 overdrawn. The problem is that whatever I pay in might be taken in charges in the future because I've been overdrawn. They have only just charged me for day two of being overdrawn about 3 or 4 weeks ago, as far as I can see. It's too late at night to deal with this :(

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  • 3 weeks later...

Right...I'm going to be charged another £50 (which will bring the total charges to £110) on friday for two of the days I was overdrawn due to their charges, I telephoned customer services to ask if there was anything that could be done about this and was told in a very short manner that they are allowed to do this and the charges are correct. Was planning to have a big rant but thanked them for being so unhelpful and hung up instead.

 

Now, I am going to write another letter but just wanted to update things here...I'm not going to leave any money in my account for friday if I can help it. This will mean more charges or whatever I suppose but I'm not letting them take half a weeks pay in charges.

 

Opinions?

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I suggest you quickly open another account elsewhere and have you salary paid into the new account, then start claiming again for the new charges.

 

Be careful, as constant claiming of current charges is likely to end up in a letter from your bank stating a commercial decision to close your account, giving you 30 days notice, as Spiceskull found out.

[

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Mm...I have filled in an application form for a Nationwide account, for the next time I get paid I might get it paid into my boyfriend's account if I don't have my new one set up by then.

 

You're probably right and I should wait to send to letter til after that, I just hate the idea of having more and more charges applied, as I will not be leaving money in there for them to take, which will result in being overdrawn again and yet more charges. And that's scary for me.

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  • 1 month later...

Right...I have now got myself a Nationwide account. So far all is good. They have even given me an overdraft.

 

Alliance & Leicester have sent me a reply saying that They consider their charges fair but are offering me £50 refund as a goodwill gesture. The amount they have taken means that my account is now about £96 overdrawn.

I've also had one of those automated system letters saying that the situation is now "very serious" and there is a risk of my account being closed if I do not repay the overdraft by 10th July.

 

I'm thinking that the righ thing to do is reply saying that I'm not debating how competitive or fair their charges are, but that the only thing which has taken me overdrawn are those charges. Therefore I will accept the £50 as part payment and continue to persue the rest as I am right.

 

Right?

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Don't do that - you are disputing that their charges are fair. You don't want to make it seem as though you are not disputing that.

 

Just a simple letter will do:

 

 

Dear Mr Banker

 

Thank you for your offer of £xxx.xx as part settlement of my claim.

 

Your offer is not satisfactory, although I am prepared to accept this sum, unconditionally, in part-settlement of my FULL claim of £yyy.yy.

 

I shall continue to proceed with my action to recover the remainder of my claim.

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

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Mm, I was mentally correcting myself after posting. Thanks for the advice - I will do that. If they cave in and give it all back then so much the better, if not, what's my next step? (I have read through material on this, just not recently and it's so hot and sticky I need pointers at the moment!)

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Mm, I was mentally correcting myself after posting. Thanks for the advice - I will do that. If they cave in and give it all back then so much the better, if not, what's my next step? (I have read through material on this, just not recently and it's so hot and sticky I need pointers at the moment!)

 

I will therefore point you to the FAQ's and step by step instructions, where you will find the information that you need. (I am also hot and sticky - phew). Reading your thread I cannot tell what stage of the process you have reached.

 

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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  • 4 weeks later...

Ok...I replied to A&L saying that I would go on to claim back my full charges. I received a letter saying that "having looked at our records, we see you have received a refund in goodwill" and they aren't willing to pay me anything else. They have since charged me again for being overdrawn. Now, do I need to send a letter before action, or can I go straight to Moneyclaim now? I'm not sure as I've already been in correspondence with them.

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If you have not sent a letter before action, then you need to do that first. You seem to be letting things drift so you need them to know that you are serious and will take action.

 

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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I'm not intentionally letting things go or not taking it seriously, I just have other things going on in my life which also need attending to.

 

Thank you very much for your reply, I will do that tomorrow.

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I know what you mean. I wasn't having a go. I should have done my MCOL for A&L over a month ago and haven't got round to it due to life taking over, so I should probably take my own advice.:smile:

 

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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  • 4 years later...

I stopped my direct debit contribution to a UK charity because my bank charged me £35 failed direct debit charge, meanwhile my monthly support to the charity was £5, and I had only £3.48 in my account. But that was then, no bank will ever do that to me again as I am now in full control. I use a text messaging reminder service from (Edit) directdebitalerts.com, I setup all my direct debit and payment dates, and schedule the system to send me SMS and Email reminders 2 days before my direct debit due dates, it never fails, and that helps me to make sure there is enough money in my account even if it means borrowing from someone. The service cost me only £15 per year, and it works every

Edited by maroondevo52
Removed commercial link.
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