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    • Thanks Bank Fodder for laying out the pro's and cons.   I think that because the missing paperwork on the 100k service was missing will help in our favour, as Ford say the automatic gearbox must be serviced at either 35k or 2 years which it wasn't, this was disclosed at the time of sale and only a very basic service was done and stamped in the book.   I am very surprised that the finance company closed the complaint so quickly.   At the moment the car is at an independent garage, luckily it is where I get my van serviced so I know the owner. Should we leave the car there as in one of the emails the finance company told him not to drive the car, or shall they drive it home which is around 3 miles?
    • I'm trying to think in terms of tactics here.   Because the vehicle purchase has been made on hire purchase, that means that the finance company is the owner of the vehicle and strictly speaking your direct action is against them in breach of contract because they have all the obligations to you under the consumer rights act that they would have if they had been the dealer. On the other hand I still like the idea of going against the dealer – which you could do on the basis that you enjoy third party rights of direct action under the Contracts (Rights of Third Parties) Act 1999. Of course you could sue the finance company and you could win – in fact you probably will win: there is clearly been some kind of misrepresentation at the very least – and maybe a deception. It's rather a coincidence isn't it that certain important information has been omitted from the documents supplied to you. However, if you sue the finance company then I don't think it will provide a quick solution. From what you have told us so far it seems to me that there is a certain urgency. I think that the finance company will simply get into obstructive mode and simply try to cause you trouble – because they will instruct their usual solicitors – and I'm afraid to say that solicitors are incapable of taking a pragmatic view. The longer it goes on then the more they can charge the client. The more obstructive they can be then the more there client naïvely is impressed – and at the end of the day the more obstructive they become, the more likely they are to wear you down and to achieve some kind of negotiated settlement where you agree to sacrifice some of what you are entitled to – and the client – the finance company then sees that as some kind of – Win. I think a quicker route to success is to sue the dealer – and at the same time you could bring an FOS complaint against the finance company. Of course if you sue the dealer, they will start off by pleading that you don't have a contract with them. That's true – but you would be relying on the provisions of the 1999 act – and it is clear that you are an intended beneficiary of the contract and I scarcely imagine that they have expressly excluded your rights to bring an action against the dealer. I would expect they hadn't even thought about it. One of the rules about bringing a complaint to the financial ombudsman service is that you are not allowed to do that if there is a legal action underway at the same time. I can imagine that if you brought a complaint against them to the FOS, that the finance company will plead that there is a legal action – but I think that you would have a good argument to say that the legal action is against the dealer and that the complaint to the FOS is clearly independent of that legal action. The FOS is very cosy with finance companies – and they may accept the position of the finance company and refuse to be involved – but on the other hand they may side with you and continue with their investigation against the finance company. This would mean that you would have two irons in the fire at the same time. You could simply bring a complaint against the finance company to the FOS – but as I've already suggested, this will take an awful long time and it may not be resolved before 12 months is up – meanwhile you have the problem of not having the vehicle. So my favourite course of action at the moment is to threaten the dealer with a legal action on the basis of your third party rights – and separately to begin a complaint to the FOS about the finance company. I think the dealer would be extremely surprised to find that they were subject to the legal action when they had thought that they are being protected by the hire purchase rules. However, I think that they would eventually be obliged to confront the reality that they were going to be a defendant in the court case. I think they are the weakest link and they are the route to getting the fastest result. I see that the dealers describe themselves as some kind of finance company themselves. But I don't notice any FCA registration or any other signs that they are a finance company or that they have the kind of expertise behind them which you would expect the finance company. Have you any further ideas on that point?  
    • Some clinical staff are receiving weekly tests - my daughter in law for oine who looks after people with compromised immune systems   Absolutely zero none clinical staff that i know of get tests at all, let alone regularly, although some are now starting to get a home test for use if they get symptoms - long overdue.   As an aside, my immediate family is registered at 3 different GP serguries. One in particular is little more than a joke with everything 'don't come in it might be covid - go for a test or to hospital minor injuries. We went for test and surgery and that surgery then said (o/h surgery) - well its only valid on day.   You would think we are 10 days into a pandemic - not ten months.          
    • Hi Dx, I have only just started helping them yesterday, all the complete so far has been done by my son in law. I am just getting all the correspondence together and make a full list later
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Hi everyone I am a new member and also a Barclays customer. I have been with Barclays for 17 years but god only knows why ! I have several loans which were all repaid on time in full and also had an overdraft. Over the last 3-4 years in particular they have been very quick to return any dds unpaid if we have crept over our agreed overdraft. I don't mean by thousands or even hundreds,they have returned dds for very small amounts like £45 for us being £25 overdrawn ! We bank a lot of cash with them,approx £18k per week. They are now looking to charge us £9 for every £100 we bank which works out at £162 per week just to count our cash ! So we are looking to move banks. The local manager told us it was non negotiable. They obviously don't want the cash. I would like to point out the account is in very good order but as I said very occasionally we have gone slightly over our OD. before I leave I want to make sure we haven't been charged for anything unfairly. The manager told me to put it in writing but I want to make sure I word it correctly so any advice anyone has would be most welcome. Regards,and thanks for reading this.

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Hi AJR and welcome to CAG

 

I very much doubt you will get anywhere with either complaining about the default fees added to your a/c or getting any of them refunded. When you go over your agreed overdraft, they have you over a barrel and will take all they can from you in default fees.

 

Charging you 9% to bank cash also seems very high although you will have to see what other banks can offer.

 

Speak to other banks asap and, if you can find a better deal, vote with your feet and close the a/c. The only problem will be that you will have to clear the Barclays OD before you leave them, otherwise they will recall the OD and you'll get hammered with charges if it goes to Barclays Collections.

 

Let us know how you get on.

 

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I'm afraid I don't have any advice about getting charges refunded.

 

For the cash deposit charges, surely you mean 90p for every £100 and NOT £90 for every £100.

 

Some providers charge more than that, others charge less.

Definitely shop around when looking for a new bank. You may find this comparison tool useful: http://bba.moneyfacts.co.uk/default.aspx

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OP refers to the bank charging £9 per £100 cash deposited.

 

:wink:

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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Sorry its 90p per £100 cash deposited which is £162 per week in charges or £8424 per year ! I am looking around. I may not have made it clear on the OD we only use it every now and then,we haven't used it for instance since Christmas and the last time we went slightly over was last August but we always pulled it back in a day or two anyway.

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