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    • Looking for a bit of advice on an possible malicious or fraudulent claim.   I received a letter today from my insurance company regarding an alleged incident three months ago and stating I had five days to respond or my no claims bonus could be affected if they settled the claim. It gave a date and postal code for the incident. I rung the insurance company and said I had not been involved in an incident on the day in question and was not even in the area. I am absolutely clear on this although the area is only about 15 miles from my home, it was Easter Monday and I know exactly where I was that day. I asked about the incident and was told that my vehicle had reversed into another car outside a shop. There are no shops in the area, it is purely rural farmland (so no CCTV obviously).   The insurance company said they would note my response and send to the claimants insurance company but would need to send an assessor out to take photos of my vehicle for any damage. My vehicle has no damage to the rear but does have a dent to the door from a collision with a deer that I have never done anything about.   My questions are ;   How did the claimant obtain my insurance details ? Does my insurer have to provide me with details of who the claimant is ? Could the dented door cause a problem because I didn't report it ? It is very obvious it is not damage from reversing into someone else. If I had been away on holiday and hadn't responded, would this claim just have been paid without me knowing about it resulting in loss of NCB ?  
    • It doesn’t say FINE anywhere on the documentation.    I don’t have the facility to scan the document, is there something in particular that you need to see? I can explain what is on there.    Thsnks 
    • CASE DISMISSED!!!   Thank you so much for all your help guys! Couldn't have done it without you!!! - donation on it's way (just waiting for some money to come in next week!)   That was pretty nerve wracking, I must say, but once I got into the flow of things, everything went well. Didn't help my nerves that the PRA rep was 30mins late!! Was hard to gauge the judge initially, but once I realised that she was well versed in the legislation and seemed to hold it in high esteem, I felt confident and the nerves dissipated a bit (lucked out there from what I hear from other horror stories!). She pretty much agreed with everything that I had said, and even highlighted things that I had thought about mentioning but didn't in the end, although she wasn't interested in my use of PRA v Mr Segal as it wasn't directly relevant; I knew this, but that wasn't why I was using it! I tried just once to explain my reasoning, but realised that the judge was ultimately for my case and so yielded quickly on that, rather than get her back up!   The best part was when the rep knew that case wasn't going his way, he then reverted to desperate tactics and referred to the fact that I was a day late sending the stuff to PRA and that I hadn't signed their copy; judge was not impressed with this argument at all, simply saying "Well the copy I have here was filed on time and signed". Not that that would have made a difference as by that point I had already explained my case, and she had agreed. She also had a go at them for trying to file the "response statement" without permission and disregarded it (as you thought Andy).   I felt sorry for the rep, decent bloke, very polite, asked if I had any questions for him afterwards, and kept highlighting the fact that he didn't work for PRA; think he knew it was a poor case and that he would have a hard job trying to fight it.   Something he said did concern me a lot though, and that was that he "couldn't guarantee that they wouldn't try again, either by appeal or by another claim".......not sure what this means and where it leaves me!! I questioned him about there being another claim as I don't feel that an appeal would be approved (although it could I guess!) and he seemed to think that they could come after me in a claim for arrears/interest? This threw me and ruined the feeling of joy that I momentarily had! I phoned National DebtLine to get some clarity on this and they seemed to think the same thing! Then I found this online:   "However, according to Late Payment Legislation law (see ext. link 10), a creditor is allowed to charge his debtor an interest fee, if the consumer has late payments and bad debts. I.e. a debt buyer can request an additional interest payment from his debtors as a creditor, and not as a DCA. The same late payment legislation allows such interest collection to begin after a 30-days default period." https://ecollect.co.uk/wiki/debt-collection-uk/   Found similar information on other sites and even on other threads on CAG. I know you said they couldn't add anything Andy, so now I'm confused.com!!! How can they claim for arrears or interest if the debt that said arrears/interest is based on is now deemed unenforceable by a court ruling???!!! That just seems ridiculous and means that this thing will never end!!!!!    
    • Thanks Honeybee   For PCN's received through the post [ANPR camera capture]   please answer the following questions.   1 Date of the infringement - 5/7/19   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 11/7/19   3 Date received 16/7/19   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y   5 Is there any photographic evidence of the event? Y   6 Have you appealed? [Y/N?] post up your appeal] N Have you had a response? [Y/N?] post it up   7 Who is the parking company? Northern Parking Services   8. Where exactly [carpark name and town] 1 Kings Manor Newcastle NE1 2ST   For either option, does it say which appeals body they operate under. BPA   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE     I do not think there is ANPR at this location but there are photos of the vehicle in a parking space The PCN has a "vehicle observed from"  date..... and time......  "to date..... time.....  
    • Hi,sorry for delay in respnse, just started a new job.   LBA here   Sports Direct 1st June 2019   Dear Sir/Madam, On 26th January 2019 I bought a pair of Phantom VSN in size 11 from Sports Direct Chingford. Please see my details of purchase below. ..... screen grab from bank statement of card payment .... On the 27th June 2019 I was surprised to see that the sole of the right boot had torn open at one of the rear studs, making the boots unusable. Please see picture below. ..... picture of torn sole of boot .... The Consumer Rights Act makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality.  I do not feel that an £85 pair of boots should fail after five months of being used for nothing other than their intended purpose. As you are in breach of contract I am rejecting the boots and request that you refund the sum paid to you of approximately £85 which I trust you will be able confirm from your records. I have bought a replacement pair of the same boots from your website on the 28th June 2019 as my son needed boots almost immediately, for that reason please give me a full refund of the original purchase price. I am today returning the faulty boots along with this letter to the Chingford branch of your store. If I do not receive your satisfactory proposals for settlement of my claim within 7 days of the date of this letter, I intend to issue a claim against you in the county court without further reference to you. Yours faithfully,   They replied by email to say this ............. Thank you for send your football boots for a further inspection.   I would like to advise you that on inspection it is our belief that the issue is due to wear and tear and not an inherent manufacturing fault. I appears that the stud had been caught on something which has caused it to rip apart from the sole.   Sadly, I am afraid for this reason we are on this occasion unable to offer a replacement or refund for your boots.   I have now returned your boots to you.   Apologies for any disappointment caused. Kind regards, ................ The boots arrived back to me today   I assume I now make a small claims claim?   Thanks Micky  
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Jes0rKah

My A&L story.. the beginning.

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After reading many posts and the various FAQ's, statutes and laws, I believe it is time for me to begin my journey of charge refund action! :p

 

My main problems started about a year or so ago, after the sudden death of my mum, which inevitably led to a period of no work. I was charged for going a few pounds overdrawn, and because it was for over 5 days, I got the £50 charge. I rang them, explained the situation, and kindly requested the charge be stopped (it hadn't gone out of the account at that point). The response? "There's nothing we can do, it's not our problem." I was stunned, and what with everything going on, too drained to argue. I asked if there was any other way to solve my problem. "I suppose we could allow you a £50 overdraft." Wow, what an amazing favour that lovely bank had done for me! (Not. My brother had all his charges reversed by Lloyds that same day.) :mad:

 

Although I understand there has to be a fee, I was at that point unaware they charged for you to have an overdraft. But, hi ho, thats how it must be! :rolleyes:

 

Anyhow, my problems have continued, now having to live in a rented house, bills have mounted but wages stayed the same. Over the past few months I've had charges left, right and centre (not helped by my temp job making me redundant suddenly) and my JSA claim not being paid yet (6 weeks & counting).

I'm now working again, although the change from weekly pay to monthly has added to problems.

 

But your site has spurred me into realising I can bounce back from all this! And so I thought I'd do you all a step by step update from the very beginning! ;)

 

I'll be sending the DPA letter within the next couple of weeks (once I've done some final reading & when I can afford the £10 fee!). :D

 

I apologise for the lengthy post, but this will just make it known how much I'm wanting to get what I deserve from A&L! :mad:

 

Any advice, tips or generel help is greatly valued and appreciated!

 

Thanks for reading!

//Jess


__________________________________________________

"A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain." -

Mark Twain

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Firstly, a big hello and welcome.

 

You are now most certainly amongst friends!

 

The best advice I could give is to stick rigidly to the step-by-step plan outlined in the FAQ section - and keep on reading, and re-reading if necessary. The more you learn, the more comfortable you will become.

 

Keep on thinking of this process as YOURS - never be derailed from your plan and timetable by the bank's lame excuses.

 

Good luck


..

.

 

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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Cheers! I'll definately be getting my money back!

 

I'll be keeping you all closely informed! :)

 

//Jess

 

(Hi Ho Hi Ho its off to work I go..)


__________________________________________________

"A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain." -

Mark Twain

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Right, I'm finally about to get the ball rolling.

 

I've been waiting on a printer, hence the lengthy wait!

 

So I've printed my DPA letter, which I've used the library template for.

 

Will A&L accept a cheque from their own accounts? who do I make it out to?!

 

Thanks!


__________________________________________________

"A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain." -

Mark Twain

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To me please....

 

 

Oh, Ok then - make it out to the bank! It might sound daft, but you're paying them for the 'service' of providing info.

 

Alliance & Leicester PLC


..

.

 

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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Very best of luck to you Jess. It sounds like you could do with a break after the time you have had. I know from personal experience that when you suffer the loss of a close family member, the last thing you need to worry about is money. I don't think the banks have heard of customer care, and A&L are the most heartless I have dealt with.:-x

 

You are clearly doing well and I am impressed at your positive attitude. Hope the job is going well and you don't have to wait too long to get your money back so you can get on with life.:)


 

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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Very best of luck to you Jess. It sounds like you could do with a break after the time you have had. I know from personal experience that when you suffer the loss of a close family member, the last thing you need to worry about is money. I don't think the banks have heard of customer care, and A&L are the most heartless I have dealt with.:-x

 

You are clearly doing well and I am impressed at your positive attitude. Hope the job is going well and you don't have to wait too long to get your money back so you can get on with life.:)

 

Cheers, really appreciated! :-)

 

Thankfully with this new job money's getting better, but the nice chunk of money I'll be getting back will definately contribute to a nice shopping trip :p

 

A&L certainly won't be getting any votes for a customer satisfaction award from me! Most heartless bank I've come across personally. But that's business I guess. :x


__________________________________________________

"A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain." -

Mark Twain

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Keep us posted on your progress.

 

Good Luck

 

Neil.

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Well, I've finaly got off my ar*e and sent the DPA letter! By first class recorded!

 

Also I thought the start date being the 06/06/06 would be quite appropriate! :p

 

40 days and counting!! :D


__________________________________________________

"A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain." -

Mark Twain

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I know what you mean. I thought as I posted my LBA's today that the banks would think I was the devil incarnate.:eek:


 

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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Okay, so I got my statements, and I've worked out the amount I've been charged, I've used one of the templates for the letter, and I've filled out the spreadsheet for the charges schedule..

 

my question is,

 

At this stage, do I inform them of the amount of interest? Or should I remove that column on the spreadsheet?

 

Many thanks!


__________________________________________________

"A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain." -

Mark Twain

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yep remove that column on the spreadsheet - it only comes into play once it gets to filing a claim with the courts.....

 

 

Thanks alot!

 

Lets get this ball rolling! :D


__________________________________________________

"A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain." -

Mark Twain

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Well, I've sent the LBA letter (I'm assuming they recieved it on around the 6th) so I'm currently waiting for the 14 days to expire. So I'm looking to be starting the court claim on around the 20th.

 

I've recieved a letter dated the 10th from 'J Wright' explaining that they aren't going to refund my charges as 'the charges have been raised correctly in line with the terms and conditions of your account'

The letter is also talking about the OFT commenting on the late payment charges was only to do with credit card payments.

 

So it looks like A&L are still not learning, even though I've seen how many people are winning their claims!

 

Also, can you send the paperwork for filing a court claim via the post? As I'm not going to be in this house for much longer..

 

Thanks!


__________________________________________________

"A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain." -

Mark Twain

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Hey,

 

This is my first post, so be gentle!:o

 

My partner and I are with the A&L. We have also just recieved what would appear to be exactly the same letter on the 10th of August from an L Murphy. We are also wondering what to letter to send next, as none of the letters we can find on this site, seem to cover a response to them saying that the OFT was talking only about credit Card charges. Quote:

 

"The Office of Fair Trading (OFT) has commented that they consider the level of late payment charges to be unfair, however they were actually referring to late payment fees for credit card payments, which are quite distinct from a bank's charges on current accounts."

 

Why would they say that? Is it just a ploy to get us to question our rights? If there is a suitable letter within this site, can someone paste in the link?

 

HELP!:oops:

 

Thank You Kindly :D

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The last paragraph referring to the Consumer Credit Act has been added on the kind advice of the Govan Law Centre which is linked in the library

Quote:

When the OFT makes a ruling then creditors are expected, and indeed required, to comply. All banks and credit card companies, in general, hold licences to lend money under the Consumer Credit Act 1974 (and hold licences to collect consumer debts too).

 

Thus if a bank or creditor fails to take on board the OFT's ruling last week, we can use the 1974 Act to the advantage of ordinary people.

 

Most banks and the BBA have in light of the OFT's statement last week indicated that they think it is wrong, unfair, or only related to credit cards and so on and so forth. But the fact is the OFT has stated it is subject to all consumer contracts - including bank accounts, overdrafts and mortgages.

 

Thus what we need to do is to say to banks and creditors is that unless they implement the OFT's ruling (which means please refund all unfair bank charges within the last 6 years for England/Wales, or 5 years for Scotland) then they will be 'an unfit person to hold a consumer credit licence'.

 

Under the 1974 Act, customers can lodge a complaint to the OFT if they think a company is an 'unfit person'.

 

The point is this - if UK banks want to fight the OFT, then fine (and that will take time) but meantime the OFT could revoke their licence under the 1974 Act.

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Above post copied and pasted from :

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-letter-before-action-consumer.html

 

Bankfodders post on the consumer action group forum. Hope it helps - but in my opinion A&L know they are in the wrong - as do any other bank which has already made a refund of charges. They cannot treat any one customer differently to another can they??? However, there is still a chance that any one of us going through the process at the moment may be that first "victim" they chose to see in court. (Despite the radio 4 broadcast - how long before they tire of giving us back what is ours without a fight)?

Either way - I dont care - the law is on our side!!:p

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Well, the LBA time is now up, so I'm looking at the court paperwork.

 

I've found that the fee's for the claim will be £80, but I've just started a claim for jobseekers as I lost my job a fortnight ago :(

 

So, my question is, firstly, should I wait to hear that my jobseekers claim is accepted and then fill in the 'exemption from fees' form? Also do I send that form in WITH the N1? That would then mean my claim would only cover the charges and the interest then surely?

 

Everything is frantic here, we've lost our house 'cos the landlord wants it back, and money is non exsistent!

 

Times always seem to get rough!


__________________________________________________

"A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain." -

Mark Twain

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Sorry to hear that...

 

I think you would be better off waiting for confirmation of your JSA claim being accepted and then starting the court claim. You are correct in thinking that you should not include court costs if this is the case.......


..

.

 

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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Just so your aware, when you file your claim they might put in a defence and you will get an Allocation Questionaire, when you send that back theres another fee, which i think is another £100. If cash is tight double check this first.


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

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how likely is it that you will receive an Allocation Questionaire once you have filed your moneyclaim????


A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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Thanks for the warning..

 

I'll hold off, on the court claim for a bit then. Would you say there was a limit to how long I can leave it though?

 

Thanks!


__________________________________________________

"A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain." -

Mark Twain

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ive also received that exact letter im glad im not the only 1 im still sending letter b4 court action though

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Judgeing by your court issue fee of £80 I'm guessing your claim must be for around £700 - £800? If so you need'nt worry about an allocation questionnaire fee. You only pay that if your claim is over £1500.

 

Best of luck with your claim!

 

Gary


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Well, it's been a long time, and I've only just returned to a semi comfortable way of life!

 

Needless to say, due to no internet access, and not really having a place to live, my claim against A & L was put on the back burner.

 

Unfortunately for them, they've continued to charge me repeatedly, and for unreasonably large sums of money.. which I'm am now about to add to my claim. I've also found that they have become incredibly unreasonable with defaults now. In the past 4 months I've had them threaten me with a default 3 times! Funny that they never did this before I started threatening them!

 

Well, I'm starting my whole process again, as I need to add yet more money to my claim, and I'm now in a situation whereby I can afford the court costs and I look like my work situation is indefinate!

 

So apologies that I've not updated sooner.. but we moved back into our own place the same weekend of Christmas! Also with only 56k to use for the net.. I'm painfully browsing the site again! w00t! :)

 

I've been happy to see the profile of reclaiming bank charges is on the up!

Even Watchdog are interested now! Especially with all the profits of the large banks being publicly announced!

 

Thanks and Hullo again!

 

//Jess


__________________________________________________

"A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain." -

Mark Twain

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Welcome back Jess. Better luck with the claim this time!

Things haven't changed all that much since you were here last. Same responses, same hurdles to jump. But you know the routine well enough, so it should be a fairly easy ride for you.

Glad to see things are on the up for you. :cool:

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