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    • Hi BankFodder   Many thanks for your assistance in this matter.   I have decided to commence County Court action against DPD/Parcel2go regarding the lost parcel.   I would just like you to clarify whether which company you recommend me to commence legal proceedings against:   Parcel2go. My contract was made via this company.   Or DPD - This company undertook the contract and are the ones who lost the parcel.   I look forward to hearing from you soon.   Kind Regards Humza
    • I lost my job this jan because work decided not to extend my probabation, so i've been out of work since then. During this time I have made 3 payments of £270 from my own savings and now I am really struggling.   I rang motonova last month before COVID19 started and explained I lost my job and wanted a reduction in the payment but they asked me what my out goings were and told me 'it looks you can make this months payment so we can't do anything etc'   Since COVID19 has started motonova now have this form available to ask for reduction of payments - see https://customer.motonovofinance.com/file/cms/raw/888dda418afb548c00a1afc1cde50704.pdf   Given my weak financial situation can anyone help me with what I put down for these sections of the form so my request to lower or freeze payments stands a good chance of being accepted   1. Is your situation realated to the Coronavirus outbreak? Yes   2. Do you consider yourself to be in a high risk group, if so why?Do you explicitly consent to us recording this information in your account notes? I am no longer employed and have no income coming in. Work have made cuts due to Corona and no longer employed by them I am sorry I wont be able to make payments of £270   3. How much can you pay? I can pay £25 a month   4. What are you proposing, and what help would you like from us? I've lost my job and have no income. I've had to self isolate under the goverment guidelines with my family because my daughter had a cough at school. I've been applying for numerous jobs and have no luck and the COVID19 situation in the country has made the whole situation even worse for me. I request given the financial difficulty I am in that  you please accept my offer   What do you think of my reasons and how can you add or improve them? I really stressed out because my next payment is coming up in 3 weeks and I'm down to my last £400 of my savings and I've no idea how long it will take me to find a job  
    • Hi All   As im new to this site and here for as much advise as possible to help me and a few fellow work colleges regarding a situation with our employer given the current circumstances with the COVID-19 (coronavirus).   Basically since i started working for said company i have never been given my contract or employer handbook to view as when i need to, its always stored inside our boss's office and past staff have been refused to view it when they have wanted to, what i want to know is, is it a legal requirement for a employer to give there employees a copy of there contract/ handbook or is there a clause that can allow him not to?   Also i have currently been in self isolation due to cornavirus and have spoken to our company via email with no reply from them but have heard from colleagues that the work has slowed down, and in the recent email i have sent i spoke about potentially being put on 'furlough pay' if work stops completely. Can he refuse to put certain staff on it and still keep the business open even though there is no work? As well as not providing sufficient hygiene sources given the current climate, would that put him in breach of contract (if could view mine to start off with) ?   At the minute we are stuck in limbo given we are still off in self isolation for another week and he doesn't really care about his staff, what would be the best course to take regarding the matters above??   HELP!    
    • I have been trying to get onto the MCOL site for several days now, it keeps saying that the password is wrong and i haven't been able to get to talk to someone on the phone, i have prepared a defense and its ready to email, just realised today is day 33.   Here it is for your considderation, thank you.   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1.Paragraph 1 is noted; I have in the past had financial dealings with MBNA. I am unaware of the alleged agreement the Claimant refers to having failed to adequately particularise its claim and have therefore sought clarity from the Claimant by way of a Section 78 request and a CPR 31.14 request.   2. Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the Consumer Credit Act 1974 by the original creditor MBNA. I have sought verification from the claimant regarding this matter and they have been unable to comply.   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request, copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I confirm that the above facts and statements are true to the best of my knowledge and recollection.
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Crawford2018

Nationwide freeze account***Resolved***

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Hello, this is my first post and I will try and get to the point and keep it as brief as I can and get to the point as there is a LOT of detail regarding my problem.

 

My names stephen and I opened a bank account with nationwide about a year ago and hardly ever really used it other than to pay for my mortgage and some other DD’s.

 

On the 22nd of June I sold my car via eBay and received payment for it through PayPal (as PayPal is safe) .

I received the funds for the vehicle which was £18000.

PayPal sent me an email and explained the payment was on hold for 24 hours for security purposes and told me not to release the car.

That was fine,

 

24 hours passed and I then received an email from PayPal to say that the funds had cleared and I was able to release the item (car).

I contacted the buyer and they then picked the vehicle up to which they did.

 

I then proceeded to withdraw the funds from my PayPal to my bank to which again I received an email from PayPal to say that it could take upto 72 hours for further security checks. That was great.

 

On the 25 of June 2018 I received an email from PayPal to say the funds had been withdrawn to my bank account (nationwide).

as you would do I checked my account and it was there.

it was time to then withdraw the funds and buy a newer car.........

 

I phoned the bank on the 25th of June 2018 to book in advance to go in and make the withdrawal, it was all fine

then all of a sudden the lady told me on the phone that my account was frozen as of today!

 

Baffled and unaware why I asked her for a reason as to why?

She then told me I would need to contact the “fraud department”.

 

I did this and spoke to an advisor and he was asking where the money came from etc blah blah blah.

I explained everything to him.

He asked for proof of the transaction.

I emailed him emails between myself and PayPal, transaction ID’s, the eBay ad and everything else I could possibly give him.

 

5 working days then had passed and I was told he couldn’t allow me to transact u till he had the “ok” from another department so that was fine.

 

To cut a very long story short, literally hours and hours of phone calls to the fraud department, nationwide complaints department and I also have a claim the FOS.

 

It has now been 65 days since the account was frozen,

I still get the same answer from the bank of I phone

“we have not yet made a decision and we will contact you when we do”

if you question who’s making the decision or why it’s taking so long you are met with

“nationwide are meeting the statutory and legal obligations and can’t allow for you to transact at this point”

 

The lady at the FOS has received the case file from the bank and she then asked me last week if I could send her all the emails from PayPal, transaction ID’s and listing etc which I then done, although I had already sent this to the bank weeks ago......which should have been on the case file?

 

I have done a LOT of research and from what I can see is the bank submit a SAR suspicious activity report the the NCA national crime agency.

They then have 7 working days to reply to the bank to give them authorisation to complete the transaction.

If they do not then you enter a monotorium period which then lasts for a 31 calendar days for the NCA to investigate.

 

This money is not fraudulent, the money is legitimate, I simply sold a car, received the money via PayPal and withdrew it to my bank.

What have I done wrong? I can not find any other story the same as mines or that has taken as long!

 

No one wants to tell me anything and no ones I’m any hurry!

The bank did not even notify me that they had stopped my mortgage payments and other DD’s.

 

What is going on? I feel as though I’m being investigated for legitimate money through the genuine sale of a car. It has left me without a car for the past 65 days.

 

I can’t afford to goto a lawyer hence why I went to the FOS.

But they are in no grey hurry.

The FOS keep telling me that thierselves and the bank are working closely and as quickly as possible to resolve it.

 

What I can’t get my head around is

1. Resolve what

2. What on earth can take this long?

 

I can’t show or prove to them anymore than I have about the sale, nothing going to change whether it be 65 days or 6500 days.

It’s still going to be the same sale, same transaction and same proof

Edited by dx100uk
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Time to write to them formally and give them 7 days to solve the non existent problem.

After that I would go straight to mcol and start a case for your losses, ie. missed mortgage payments, travel expenses while without a car, etc.

They'll soon wake up.

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You may find that if you do go MCOL - then the judge may side with Nationwide over you. This is due to Money Laundering laws. Sure - You know the full whereabouts of the money from the point of Paypal etc but they don't and to receive a large amount like that may trigger a flag for AMLL.

If you have all the proof then this is a no brainer. However send an email to NW CEO joe.garner@nationwide.co.uk

 

See if it triggers a response and if it doesnt or its insufficient - Then start a claim for money etc.

Although due to the amount you'd be claiming if you wanted the £18k from NW then you may be looking at a claim in the Fast Track

 

Fast Track is reserved for claims between £10,000-£25,000. The hearing can only last for 1 day, and usually, it takes up to a year to reach it.

 

But I do wonder if a judge could force a release of the money as part of the a decision if required proof was given?? (This might need a bit of investigating)


 

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**Fko-Filee**

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You wouldn't claim for the initial money..that is not in question...its the losses uncured so would be Small Claims Track.


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Hello,

 

Thankyou for the replies. I had already emailed the CEO and received a failed message email so I done some digging and found another email which was CEO at nationwide.co.uk. I did receive a reply from that on stating.

 

Dear Mr …..

 

Thank you for your email. We are sorry to learn of your concerns, a response will be issued by an appropriate senior manager very shortly. In order that we may arrange this, would you please be so kind as to let me have the following information:

 

Full address and postcode (in order that we may record your concerns)

Preferred contact telephone number/s

Date of Birth

 

please remember that email is not 100% secure, so if you prefer you can telephone us on 0800 5453003, between the hours of 9.00am and 5.00pm Monday to Friday, to provide further contact details.

 

Kind regards

 

That was 2 days ago now.

The FOS emailed me today also,

I had also spoken with them on the phone 2 days ago.

 

She is telling me that she requested information from the bank (didn’t tell me what) and she needs that before she can make a decision.

 

However I explained to her yesterday that surely the bank are dragging this out for longer than needed etc and she agreed with me.

 

She also told me that she CAN go ahead and make a decision on the case without that information she has requested and in my favour but they don’t like to do that? Anyways she emailed me today to say this......

 

Dear Mr

 

I’m just sending an email to update you as promised during our call earlier this week.

 

I have taken the decision to escalate the requests to Nationwide to a manager here.

 

I’m hoping that we will have an answer from them early next week, and as soon as I have more information I’ll give you a call.

 

Kind regards

 

So I’m hoping now that it’s been escalated then maybe this is them now pushing the bank?

She has already said to me that her manager is now involved in this and they are very keen to have it resolved quickly.

 

Sorry for my ignorance but what is MCOL? I Thankyou all for your replies and it is greatly appreciated.

 

Stephen

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Money Claim Online...its where you would issue a court claim.

 

https://www.moneyclaim.gov.uk/web/mcol/welcome


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Thankyou for that. If I submitted this would it then take over any decision the FSO could make?

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Its not advisable to start a claim until the Nationnwide/FOS have concluded....and hopefully to your satisfaction.


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Does anyone know if from past experience etc or knowledge that if the case handler from the FOS has now escalated the claim to their manager does this mean the FOS is now in a position to really be wanting to be making a decision quickly or.......is this a long drawn process and could still take ages?

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what do you mean by Manager?

 

there are adjudicators they initially make a decision and then theres the ombudsman themselves if you don't agree with the ADJ decision.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I received an email from the lady who’s dealing with my case.

I’ll copy and paste her email she sent me on Friday.

 

Dear Mr *****

 

I’m just sending an email to update you as promised during our call earlier this week.

 

I have taken the decision to escalate the requests to Nationwide to a manager here.

I’m hoping that we will have an answer from them early next week, and as soon as I have more information I’ll give you a call.

 

Kind regards

 

Meg Raymond | investigator | 020 3487 6372

 

Financial Ombudsman Service | Exchange Tower, London, E14 9SR

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Going up the chain of cmd


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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What I’m failing to understand is that the case handler said to me that they are able to make a decision based on the information that’s already been given by the bank.

 

They requested more information from the bank weeks ago and the bank have failed to supply it.

 

The reason the ombudsman is there is to make sure that the bank are not taking longer than needed. This being said if the bank are not replying to the ombudsman within a timely manner or giving them what they need to make a decision then surely rather than “pass it up thto chain of command”

 

surely they must saying “ok we have given you 3 months to reply to us, you have failed to do that so we have no option but to go in the customers favour given the limited information you have already given”.

 

Not passing it up the chain of command to then be fobbed off for even longer, if the bank have not replied to the case handler then I’m doubting the bank is going to reply to a manager.........

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I will explain more about the ombudsmen later... It'll mark for some interesting reading


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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So depending on where you lie in the complaints process in the FOS depends on how you will get on with your decision.

If you are with an adjudicator then when they make a decision it is not legally binding. The bank can ignore it but it is risky to do so.

 

The real clincher is when it gets handed up to an Ombudsman. When the Ombudsman rules, the consumer has the right to accept or reject but the Bank doesnt. Any decision made is is legally binding and has what would be considered the same power as a judge when it is finalised. It means you would not beable to take further action in a court unless;

 

- The Bank do not comply with the decision made by the Ombudsman after you have accepted.

 

Please remember that AMLL take precedence over anything to do with complaining. But there are times when a bank will get it wrong and quite often they do. You should be compensated accordingly for loss of access to the money and the account being frozen.

What i would say. Is that if this was your main account - and they froze the WHOLE thing and not just took away the money while they investigated then they should be slapped on the wrists for it.

 

What stage are you at with the Ombudsman? Nationwide will say they did nothing wrong and were obeying the law, but from what ive read - They should have handled the situation sooooooooooooooo much better.

 

If you have emailed the CEO like i may have mentioned before and it got given to an Exec Complaints Handler then make sure that both the FOS and Exec CH are talking to each other.

If it comes to it - You may be waiting longer if it goes to an Ombudsman. However if you do take legal action against Nationwide for whatever reason - this will derail your situation with the FOS.

 

The lesson here for AMLL is that for reasons beyond you or I - If under suspicion then under AMLL its very difficult to get information.

Dont let it eat you up. Just concentrate on getting your end result and do it the right way.

 

(Also if it comes to it - Im sure a few newspapers might be interested)


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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First of all Thankyou for taking the time to reply back to me. Iv not heard from FOS today so I decided to phone the bank out of the blue on the off chance. I was greeted with good news.

 

They decided YESTERDAY that they were releasing the funds and issued a cheque yesterday. However they have decided to close my account.

 

Am I able to claim compensation from them?

I mean that’s the last of my concerns but I’m ecstatic that they have finally released the funds.

 

What I’m confused about is why didn’t the bank phone me yesterday to tell me this and why issue a cheque? Why not give me the option to take the money or transfer it to another account?

Edited by dx100uk
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Well done thread title updated.

 

Regards

 

Andy


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First of all Thankyou for taking the time to reply back to me. Iv not heard from FOS today so I decided to phone the bank out of the blue on the off chance. I was greeted with good news.

 

They decided YESTERDAY that they were releasing the funds and issued a cheque yesterday. However they have decided to close my account. Am I able to claim compensation from them? I mean that’s the last of my concerns but I’m ecstatic that they have finally released the funds. What I’m confused about is why didn’t the bank phone me yesterday to tell me this and why issue a cheque? Why not give me the option to take the money or transfer it to another account?

 

Well done - But id read up about CIFAS if they are closing the account...! (They are probably closing the account on the basis that you the relationship has broken down which it had) However - Id read up on CIFAS just incase...

Get the ombudsman to confirm that you will NOT be added to any CIFAS database.


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Given their treatment of you culminating in them unilaterally closing your account, it might be worth making a claim under BCOBS.

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and ask about compo too

nothing to stop you going after them


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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