Jump to content


  • Tweets

  • Posts

    • I'm really not sure what all the above refers to and why you are bothering with it.   This is an overdraft current account ?   You entered into it in Scotland ?    Claim was issued 14/09/18   The last payment date by YOU was 18th Nov 12   Section 78 is not applicable to overdrafts.   Andy  
    • Hi Andyorch.  Todays good news is - the matter is now dead 😀   Many, many thanks for your help and advice.
    • Hi Guys,   My friends wife ignored letters from Horizon Parking and their solicitors and now has a CCJ registered on her credit file.   Stupidiy, she also ignore the claims form which come from Northampton Bulk centre as it looked photocopied and she thought it was fake. At the same time her work colleague did the same.   Her work colleague went to stand as guarantor for her daughters loan and got refused, she has now found out that a CCJ has been registered two months ago, so my friends wife checked her credit file and has the same, from two months ago.   Both received claims forms and didn't fill them in. Neither of them have received notification of judgement however. I am right in saying still that they should of done and would of been given the opportunity to pay the claim within. month at that point and not have a CCJ permanently on their file. If this is the case, what is the way forward? Set a-side ?
    • EXHIBIT K   24th March 2019   Lowell Portfolio I Ltd 9 Savannah Way Leeds LS10 1AB   Dear Sirs   Your Ref: 1...….     MFS Portfolio Limited v Phelan West (2019) I write to draw your attention to recent successful appeal case regarding a personal current account with overdraft facility; the decision was made before HHJ Walden-Smith sitting at Cambridge County Court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination. It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act.    In view of foregoing, I note that your company have failed to comply with S78 CCA 1974 therefore your claim is unenforceable. So it is in your own interest (and to save cost) that I demand yourselves to discontinue this matter with immediate effect, otherwise I would be seeking compensation awarded against your company through the court for my time and legal cost to myself for consulting solicitors for advise in defending this claim which I consider not valid since you couldn’t also substantiate it when ask to prove it.   Yours sincerely
    • Hi Micky,   The letter you sent was your Prelim Letter and you should send an LBA before issuing proceedings.   1. Who replied to your letter that was taken in to the Chingford store - eg was it the store manager.   I suggest you send your LBA to the store Head Office enclosing a copy of the original letter and give them a final 14 days to reply and refund.
  • Our picks

chesterpug

NatWest Advantage Gold Package Account Fees - rejected as SB'd Help please **WON**

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1472 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

no its from when you realise you can reclaim things .

regardless to whatever reason the OP wanted to close the account in 2009 plays no part.

 

 

I was simply pointing out that any 3yrs rule, if it did apply,

is only effective if the bank actually wrote to the OP regarding the said subject.

 

 

the bottom line here is the time limit runs from when the OP realised, through media publicity

that the packaged account fees 'could' be reclaimed.

 

 

well the earliest media evidence and that same information on many CMC sites

is what I posted above

and that's not outside of 6yrs.

 

 

you need to be careful upon how you interpret time limts

 

 

noticed that on several of your other posts too.

like chargeback, its when the OP became aware they 'could' do something.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites
no its from when you realise you can reclaim things .

 

I'm not disputing this. What do you mean no? I don't think you're reading my posts properly.

 

regardless to whatever reason the OP wanted to close the account in 2009 plays no part.

 

Well it does play a part if it means that chesterpug realised he/she would have grounds to complain.

 

The exact wording in FCA DISP (as I have already posted for you multiple times) is "three years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint".

And Natwest's argument is that chesterpug did become aware during this meeting in March 2009 that there was cause for complaint. And even if chesterpug didn't realise at this time he/she reasonably ought to have been aware that he/she could complain.

 

 

I was simply pointing out that any 3yrs rule, if it did apply,

is only effective if the bank actually wrote to the OP regarding the said subject.

 

This is simply untrue and doesn't make any logical sense.

 

the bottom line here is the time limit runs from when the OP realised, through media publicity

that the packaged account fees 'could' be reclaimed.

 

well the earliest media evidence and that same information on many CMC sites

is what I posted above

 

Quite obviously chesterpug already realised back in March 2009.

 

In fact the FCA (as per Consultation Paper 10/6) take the opposite view on media publicity and becoming aware that you have grounds to complain. Look at this quote using PPI as an example:

"However, in our view, general media coverage of the PPI issue, including comments or publications by the FSA, would not be enough to have given a consumer the kind of specific ‘constructive knowledge’ (of a potential problem with, and potential financial loss from, the PPI policy sold to them) which is required to trigger the start of the three-year time limit within the DISP rules."

 

and that's not outside of 6yrs.

 

you need to be careful upon how you interpret time limts

 

Surely you mean 3 years. I think YOU need to be careful how you interpret the rules on time-barring.

 

noticed that on several of your other posts too.

like chargeback, its when the OP became aware they 'could' do something.

 

That's because you are mis-informed.

 

A chargeback has nothing to do with becoming aware they 'could' do something. Chargebacks are not complaints-related and they are covered by completely different rules to FCA DISP.

The different card associations have quite clear time limits which they publish in their relevant operating guides.

Share this post


Link to post
Share on other sites

pray tell me

 

how can the OP reclaim these package account fees

 

 

the FOS didn't even publish they were reclaimable until jan 2014....

 

 

so the OP in the room in 2009 could see into the future.....???

 

 

dx

 

 

the


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites
the FOS didn't even publish they were reclaimable until jan 2014....

 

That's an outright lie.

 

so the OP in the room in 2009 could see into the future.....???

 

You wouldn't need to see an article published by the FOS in order to realise that you had cause for complaint.

Share this post


Link to post
Share on other sites

I disagree, the OP wasnt made aware at this point that they had grounds to complain about a mis-sell.

 

They then realised that they could have been mis-sold the account and decided to raise the complaint.

 

They realised recently and they have 3 years from that point that they could now complain.

 

Its clear... There is no confusion here. Its clear as day to me. I had cause to complain to Lloyds recently about something from 7 years ago about the opening of my Lloyds Account. I had only realised 6 months ago and they upheld my complaint about the account I was "Forced" to have to bank with them.

 

The OP now needs to consider his next steps.

 

Ksmith82; I would suggest for now we stop all this and help the OP and not argue between each other.

Share this post


Link to post
Share on other sites
I disagree, the OP wasnt made aware at this point that they had grounds to complain about a mis-sell.

 

I must admit I still disagree with you. He was made aware he had cause for a complaint because he now realised the account was unsuitable.

 

They then realised that they could have been mis-sold the account and decided to raise the complaint.

 

They realised recently and they have 3 years from that point that they could now complain.

 

Its clear... There is no confusion here. Its clear as day to me. I had cause to complain to Lloyds recently about something from 7 years ago about the opening of my Lloyds Account. I had only realised 6 months ago and they upheld my complaint about the account I was "Forced" to have to bank with them.

 

The OP now needs to consider his next steps.

 

Ksmith82; I would suggest for now we stop all this and help the OP and not argue between each other.

 

I definitely agree with you on the last sentence though!

 

It sounds like Natwest may have issued their final response for the complaint, in which case the next step would be the FOS. And the OP would have to counter Natwest's assertion that they should have been aware they had cause for complaint at this meeting in March 2009. So it would be good to explain exactly why you didn't think/know to make a complaint within 3 years of this meeting.

Share this post


Link to post
Share on other sites
I must admit I still disagree with you. He was made aware he had cause for a complaint because he now realised the account was unsuitable.

 

Can see what your getting at, however the point at the meeting was financial hardship, not about whether he was mis-sold the account.

 

If it has only tallied up for him now, the he has ground to complain.

 

Id take it to the FOS and potentially look at the courts.

Could be interesting.

Share this post


Link to post
Share on other sites

your klandestine activities have been rumbled.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Dear All thank you for your input.

 

 

Special thanks to dx and fkofilee for your advice. your understanding and interpretation of my case is spot on. To update you, I received an email on Wednesday afternoon from the executive response team which is as follows:

Thank you for your e-mail of 9 June 2015, in which you detail that you remain unhappy with the outcome of your complaint. in light of your comments I will revisit your complaint and I hope to be in a position to respond within the next five business days.

Yours sincerely

Executive Office

Would you respond with any further comments or wait to see what they say?

Much appreciated

Share this post


Link to post
Share on other sites

Going through a similar situation helping someone with a Adv Gold account that goes back several years.

 

 

Have just received their get lost letter stating that we're out of time (6 years from account open or, if later,

3 years from when we should have realised we had cause to complain).

 

 

In our case they are stating the 3 years commenced from when the bank sent a "review letter" in July 2009

and therefore should have had sufficient knowledge to raise concerns about the account back then, or by July 2012 at the latest.

 

Struggling to locate this so called "review letter" but is it just the standard bumf they send out whenever there is any changes to the benefits

and/or payment increases?

 

 

If so I don't see how they can hide behind the time clock as this account was forced on the condition it had to be taken in order to obtain the overdraft facility

- the benefits of the account all totally useless but needed to be taken to secure the o/d.

Share this post


Link to post
Share on other sites

the 3yrs ONLY runs from if they send a letter complaint with the CCL stuff I posted earlier.

 

 

and for a date of 2009

 

 

it cant be a CCL letter as that did not come in until after that date.

 

 

its a common dodge many creditors are now using to 'buff off' PPI reclaimants.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

In our case they are stating the 3 years commenced from when the bank sent a "review letter" in July 2009 and therefore should have had sufficient knowledge to raise concerns about the account back then, or by July 2012 at the latest.

 

And they can prove it was sent and that you received it ?

 

What a load of cods...get claiming....


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
:lol:

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Oh don't you worry, this isn't over by a long shot. Thanks for posting about the CCL letters, I'll look into that. Have also come across this which contains some good info which will come in handy.

Share this post


Link to post
Share on other sites

Update for you:

 

I received a letter from NatWest today and they have overturned their initial rejection of my complaint and are now upholding it.

 

I have received a full refund of all charges + interest (£1497.03) so a great result!

 

Thank you for your help and advice (especially Dx and Fkofilee)

 

Best wishes

Share this post


Link to post
Share on other sites

hey great result!!

 

dx

 

 

 

The Consumer Action Group needs help to cover its expenses.

You could help by making a money contribution to http://www.consumeractiongroup.co.uk/paypal.php?go=donate

or by downloading our toolbar and using it to search the web instead of your normal search engine:- http://consumeractiongroup.co.uk/cag_plugin.php

Please help.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Going to be doing this shortly!! Congrats

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...