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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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Shelley181146

Private pension not helpful in circumstances

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Not sure if I have a case here but I know you are a great bunch with heeps of intelligence between you so I thought I would give it a go.

 

I had a small private pension from an previous employer some 30 years ago and due to circumstances decided to access it last year when I turned 55. Now I know what they say about keeping funds in the pot until your 60, which is when they would normally pay out, but the option was always there and I needed it, so applied.

 

However, there was also a clause which said the following;

 

We will deduct 27% from your benefits if you decide to take your pension early at age 55 (to preserve the pot for those that stay in the pension until they're 60)

 

This can be reduced to 11% if you are experiencing financial hardship and have supporting evidence (not verbatum, but that's what it meant)

 

Anyway, as my husband had died and I was out of work, having been his carer for 11 years (on & off) I duly applied for the 11% deduction due to hardship and sent in supporting evidence of his death, my financial commitments and bank statements to prove funds available.

 

I received a letter just to say that my pension would be paid at the deduction rate of 27% and provided me with the breakdown accordingly.

 

I was desperate and my sister was terminally ill at the time so was unable to contest it at the time. My sister has since died and I just wondered what type of situation I would have been expected to be in, in order to have qualififed for the higher pension payout?

 

I'm inclined to call them later today but would be very interested in what your thoughts are please peeps?


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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It does make you wonder doesn't it ?

 

Would it not be better to have their response in writing, Shelley ?


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Hello Shelley.

 

I've moved you from the media forum to the main pensions one and left you a link to follow.

 

I agree with CB, you would be better getting this in writing. Once you have that, we can look for any points to argue with.

 

What type of pension scheme is it please? Is it with an insurance company?

 

HB


Illegitimi non carborundum

 

 

 

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I have attempted to speak with the contact name who dealt with my application but to no avail.

 

I have now sent an email to them (ex company pension scheme) requesting why my application was declined and furthermore, what constitutes 'exceptional circumstances' in order for their committee to award the higher rate.

 

As this decision was made August last year, I have explained circumstances following the death of my sister which has only added to my 'exceptional circumstances', and naturally a delay.

 

I will of course post back asap.


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Well, finally received a reply having chased this matter up again in April and here is their reply:

 

I am writing further to your email dated 16th March 2016 and your telephone call on 8th April 2016. Please accept my apologies for the delay in responding.

 

I understand from both your telephone call and email that you wish to appeal against the 1994 Pensioners Section Pension's Committee's (the committee) decision to decline your application for the early payment of preserved benefits using the preferential reduction factors.

The Committee considered your qpplication on xxxxxx2016, in line with the legal advice received. The Committee noted your finacial circumstnaces and that you were ty=he main carer for your daughter, however, it did not consider that sufficient evidence had been provided to support your claim of financial hardship, and it was noted that no information had been provided regarding your savings or other assets.

 

The Committee resolvewd that a compelling case had not been made that oyur circumstances were exceptional and therefore declined your application for the early payment of preserved benefits using preferential reduction factors.

 

As such, before any appeal can be considered, you would need to provide additional evidence in support of your application which has not previously been considered.

 

If you cannot provide additional evidence, then any decision previously made would remain unchanged.

 

I hope the information provided has clarified the situation, however, please do not hesitate to contact me should you have any questions.

 

Yours sincerely..........

 

Now forgive me but considering they asked for all relevent supporting documentation together with income and expenditure (without providing an example listing) I provided my own version of income & expenditure detailing ALL relevent information and attached copies of most recent bills/expenses. As I have no savings /investments or any other assests I had none to declare.

 

Having spoken to the writer of the above letter today it has left me feeling more frustrated because they cannot offer me any guidelines on their polocies or procedures to how the committee make a decision on 'exceptional circumstances' and I am bereft as to how to respond! The writer, sounded young in years and inexperienced suggested I explain my reasons for wanting to appeal based on the original evidence I submitted but then also suggested I submit my current circumstances for consideration.........Is that not not moving the goal post somehow? If that makes sense?

 

Why should they consider my circumstances as NOW, when I am already in receipt of payment from last year? Surely, they wouldn't consider moving the goal post in my circumstances have changed in 5 years time, why should they consider them now? I am trying to appeal their decision from time of original application when clearly I had a monthly deficit in exces of £900 per month - words fail me..............Can anyone share an opinion/ advice or guidance as I believe I have to fight a 'Committee's' decision who are not governed by any other financial organisation i.e FOS

 

:-x:jaw::mad2:


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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obviouslty a defined benefit scheme and thus they are applying an actuarial reduction in the benefits for taking it early but have another hardship scheme that is at the discretion of the trustees. They are asking you to reapply offering evidence of hardship. The scheme has a clause that says exceptional hardship but no definition as to waht this is- that is normal- but it cannot be used as a blanket refusal to consider a claim becuse they will have to justify their decision and thus have some sort of quantifiable threshold.

You can apply gain and ask the question about how they decide upon a threshold and if you dont get an answer you will have to follow the scheme disputes procedure. Once this is exhausted you can ask the Pensions Ombudsman to intervene and if necessary, make a determination. This takes a year to two years to run its course under normal circumstances so I would suggest you dont accept the reduced pension and hope to get the bigger one but claim the hardship pension and delay accepting anything until the ombudsman has said their bit.

There have been determinations in favour of pensioners on this matter but generaly they just force the pension trustees look again at their decisions based on a lack of having a description of exceptional by showing that they havent ever made an exception.

It may well be qworth asking how many "exceptional" claims they have agreed to as this may well be the killer.

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obviouslty a defined benefit scheme and thus they are applying an actuarial reduction in the benefits for taking it early but have another hardship scheme that is at the discretion of the trustees. They are asking you to reapply offering evidence of hardship. The scheme has a clause that says exceptional hardship but no definition as to waht this is- that is normal- but it cannot be used as a blanket refusal to consider a claim becuse they will have to justify their decision and thus have some sort of quantifiable threshold. That's exactly my point!

You can apply gain and ask the question about how they decide upon a threshold and if you dont get an answer you will have to follow the scheme disputes procedure. I can't reapply because it is already in payment at the reduced amount but I have asked to appeal their decision and my post #5 above was their response. Once this is exhausted you can ask the Pensions Ombudsman to intervene and if necessary, make a determination. This takes a year to two years to run its course under normal circumstances so I would suggest you dont accept the reduced pension I had to accept the reduced amount last year in July because my husband had died and to wait a further 1-2 years whilst the ombudsman makes a decision, I could possible be hoimeless by then :( and hope to get the bigger one but claim the hardship pension and delay accepting anything until the ombudsman has said their bit.

There have been determinations in favour of pensioners on this matter but generaly they just force the pension trustees look again at their decisions based on a lack of having a description of exceptional by showing that they havent ever made an exception. This is what I was trying to establish from my appeal, what do they determine as 'exceptional/hardship factors but they have just fluffed around their response as above

It may well be qworth asking how many "exceptional" claims they have agreed to as this may well be the killer.

 

I notice that Honeybee13 has posted a website for me to look into - you wouldn't believe how many things I have googled and not found this one but I will certainly be calling then tomorrow, thanks hb13.


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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I hope they can help, Shelley, please let us know how you get on.

 

HB


Illegitimi non carborundum

 

 

 

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I called them hb but the person I spoke to didn't tell me anything I didn't already know or plan to do.

 

I intend to call them again next week and hopefully get to speak to someone different.

 

What's frustrating me is everyone is suggesting I provide details of my current circumstances - an appeal is about the circumstances at the time of the application! They can't have it both ways. I feel damned if I do and damned if I don't :(


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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the problem with all of this is that it is about interpretation of rules and not about people. If you are right and die in the meanwhile that wont change the methodology or speed things get dealt with.

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