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    • Sorry about making  a post too early. I should read other consumers forum threads before.  I am doing it now, because they are a lot of similar ones;
    • It already is epidemic. perhaps he meant the next stage ... pandemic.   https://www.cdc.gov/csels/dsepd/ss1978/lesson1/section11.html   media existing to sell newspapers / advertising space / looking to get viewer numbers ... who’d have thought it.   The media has a responsibility to give decent advice : appropriate concern rather than generating panic.
    • Latest update:   He managed to get through to BC before they closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020   Is he skewered? No supporting paperwork?   CCA and CPR waiting to go.   What next?   Thanks   stephenXL
    • Hi,   I'm looking for advice regarding a court claim being made against me by Erudio regarding an old student loan. I've received a claim through the Scottish Simple Procedure process for almost £4000 regarding a loan taken out in 1999. The original loan would have been for approximately £1800 to my best recollection.   I can't say for certain at the moment (will need to call SLC to verify) when the last time I deferred was - it was a long time ago and I've no recollection of sending anything at all to Erudio at any point, nor was I aware that they required a deferment form as well. I had been paying off my other student loans taken out a few years after this one (04, 05 and 06) through my earnings to the SLC even though I was under the repayment threshold at the time, and I've only earned over the repayment threshold for just over the past 2 years. I was happy enough for paying them off in this manner so I had never felt the need to continue to defer with the SLC, and never really paid much attention to the statements sent by Erudio as I'd incorrectly assumed that they would be paid through this manner as well. At this point, I have recently received a letter from the SLC stating that my loan repayments are coming to an end very soon, but it would appear that this hasn't made any payments towards the loan that Erudio have taken over.   I've been reading through the topics posted over the past couple of weeks for and reading about others in similar situations to try and ascertain the best plan of action.   Particulars of claim: (copied directly from the claim, account numbers and monetary values redacted)   Name the issuing court: Edinburgh Sheriff Court   Who Is The Claimant: Erudio Student Loans   Who Are the Solicitors: Shoosmiths LLC   What type of action? (Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- Debt purchaser (Erudio), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
    • Hi everyone    I received a ParkingEye claim form today that was issued on the 24/02/2020.   I'm not sure what info I need to upload on a parking charge claim form so I’ll upload the form and wait for instructions.    Any help much appreciated    Andrew      Claim Form.pdf
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SteveUK10

Natwest Chargeback refusal - Banners Broker

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Hello Everybody

 

I'm one of the fools that trusted a friend who got me to bite my tongue and join Banners Broker even though I had my doubts about the company.

 

I put in no small amount and of through being online found out it was indeed my worst fears and it was a spoof

 

Now I've been in a fight to get my money back from this seriously depressing experience for over 9 months now and I'm not giving up,

 

there's a liquidator appointed now and there's the charge back service or at least I thought there was a chargeback service.

 

My latest fight has been with my Natwest

 

asking them to pursue visas 540 day chargeback service under the section

" Goods not received" And a lot of other affiliates have been successful with this.

 

Natwest is playing hardball though this is the response I got off them today.

 

The latest one I've been hit with and I'm trying to get my head around is this

"You've used part of this company's service by them creating an account allowing you to deposit money into it

and the possibility to make withdrawals.

 

I responded by saying I'm disputing the terms and conditions where it says they will pay affiliates commissions

and that all liquidation request will be honoured etc, so I've not received their service.

 

They're saying

"That withdrawals is only a partial service they are providing to you and as we can't ascertain

what the value of that service is we can't pursue a chargeback."

 

They went on to say that

"The terms and conditions under section C only provide remit for a legal chargeback not through visa's chargeback service."

 

This is section C from Banners Broker

 

Section C (Affiliate & Client)

Payment Conditions

I adhere to the following:

  1. All liquidation requests made shall be honored within fifteen business days for standard subscribers and seven business days for premium subscribers to the payment amount noted in your back office.

  2. All commissions and bonuses are paid in the name of the applicant on the affiliate/client agreement.

I don't know what to do

 

I know there are successful affiliates who have claimed their money back through their banks.

 

I just don't know what to say to my bank and

 

I'm really not sure why they're hung up on the possibility of a withdrawal only being a partial service

and that I had some service by the company creating an account etc.

 

What's really baffling me is that I've sent them the liquidation letter from the court 2 times already

and this is the latest in a series of excuses to not follow the charge back request.

 

I'm fighting both banners broker and my bank

 

how am I the one who looses and what's worse is this banks ethos is going above and beyond in customer service.

 

I know I'm idiot for getting involved

 

I've been living with that for the 1 year and a few months.

 

Do I have a leg to stand on or do I wait the long wait and put all my eggs in the liquidator basket?

 

Plz If you guys have anything that could help I'd really love to hear from you.

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I've sent in the following information

 

 

A guide explaining exactly what happened

Screen shots of when the money was taken

Screen shots of my wallet

Information on the liquidators

Letter from the court saying the company was declared a Ponzi and put into liquidation

 

The person I spoke to who was a manager in the retail disputes department said at the beginning there was a training issue,

but NatWest have had this sent to their fraud department and seem unwilling to act.

 

I'm the victim of a well disguised Ponzi scheme but NatWest are making me feel worse than I already feel.

 

I know I made a mistake but so long as there's a chance to get some of my money back I'm going to fight to try and get it.

 

Disappointed with NatWest they have all the information they need to try n recover this money indeed their response to me is based on the company they'd try n recover the money back from being a legitimate company she couldn't seem to get it that this company is now liquidated etc.

 

Is my only option to go to the financial ombudsmen and complain about NatWest?

 

Remember other banks have successfully charged back money for their customers using visas 540 day rule, why can't NatWest?

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Hi SteveUK10

 

Welcome to CAG

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened, how they have let you down and what you want them to do.

 

What you also need to do is include COBS as the NatWest have signed up to these key principles, do some research on COBS.

 

NatWestare regulated by the Financial Conduct Authority, NatWest have to adhere to a set of legally binding key principles laid down in the Conduct of Business Sourcebook. NatWest has treated me unfairly under the following COBS Principles:-

 

Principle 6 - Customers' interests - A firm must pay due regard to the interests of its customers and treat them fairly.

 

Principle 7 - Communications with clients - A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.

 

 

Send it to:-

Mr Ross McEwan

Chief Executive

RBS

Ross.McEwan@rbs.com

 

Also report it to Action Fraud :- http://www.actionfraud.police.uk/

 

Then complain to the FOS, also set up or join an action group.

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not really helping are they NatWest

 

sadly that's the usual response from them regarding chargeback.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Hey rebel11 and dx100uk thanks for replying and for the advice :-).

 

 

When I take a step back and look at it It's absolutely insane they're trying to find out what the value is of a PONZI scheme's ability to send withdrawals to me is? That's nuts it's legitimising a Ponzi by letting them keep my money and making me fight to get it back. I just really can't get my head around that, ok I've been really stupid in falling for something but surely NatWest who's ethos is customer service should be supporting me more than they are.

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When I take a step back and look at it It's absolutely insane they're trying to find out what the value is of a PONZI scheme's ability to send withdrawals to me is?.

 

They have to abide by the Visa Operating Regulations which makes it clear that chargeback claims are limited to the portion of services which are not received.

 

I assume that you have also made contact with the liquidator to attempt to get your money because that is another condition of the chargeback scheme?

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They have to abide by the Visa Operating Regulations which makes it clear that chargeback claims are limited to the portion of services which are not received.

 

I assume that you have also made contact with the liquidator to attempt to get your money because that is another condition of the chargeback scheme?

 

 

So do visa operating regulations include the services of Ponzi schemes? please if they do I'd love to see a link to it?

 

 

Because that's what your saying here that visa need to know the value of the services that were not received from a Ponzi scheme, and a company that's been put into liquidation by a court of law.

Edited by SteveUK10

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So do visa operating regulations include the services of Ponzi schemes? please if they do I'd love to see a link to it?

 

 

Because that's what your saying here that visa need to know the value of the services that were not received from a Ponzi scheme, and a company that's been put into liquidation by a court of law.

 

You are asking Natwest to make a Chargeback for "Services Not Provided". Whether that service later turns out to be a Ponzi scheme or a pyramid scheme is beyond the scope of those regulations.

 

Can you point me towards or provide me with a copy the terms and conditions which govern your payment to this company?

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Govern payments to this company could you elaborate on that a little? I'm not sure what your asking here?

 

 

This is what I found in the terms and conditions about payments to them

 

 

Section J (Affiliate & Client)

Registration

1. Ordering. All purchases of product inventory, sales aids, literature and supplies are strictly optional and are made available online or through the Ordering Department depending on the requirements of the country of residence.

2. Acceptable Methods of Payment. Payments may be made for all online orders through the use of a company approved payment method such as SolidTrust Pay, Payza and AlliedWallet. If you choose Allied Wallet as your payment method your credit card statement will read EW-BannersBroker18882551137

 

 

All those mentioned in point 2 are payment processors etc.

 

Edited by SteveUK10

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Anyone else think of someway i can resolve this dispute thanks to ppl already commenting :-)

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