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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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      • 0 replies
Moradin

Startline motor finance - Failed DD charges. **WON - REMOVED**

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Have a car hp agreement, regulated by the CCA 1974

 

Had a dd bounce. just checked the conditions.. and its stating

 

25 for a bounced dd,

 

AND

15 for a letter.

 

Surely, they can't do both.. the costs are supposed to be 'reasonable' and a true reflection of the costs for a failed dd

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cant charge anything

its a penalty and the FCA deem them unlawful and unfair

 

who?

 

Thread title amended


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thanks.. is there any guidance i send them when they send me a letter ?

 

Startline motor finance..

 

25 unpaid dd

15 letter

15 per phone call

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I've looked on the FCA website, in relation to them telling companies not to do this.. but cannot find anything.

The only thing i've found is this:-

 

https://www.fca.org.uk/news/press-releases/fca-secures-commitment-high-street-banks-use-%E2%80%98retry-system%E2%80%99-when-processing

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look in the FCA conc rules...iike…

 

" CONC 7.7.5

01/04/2014

FCA

A firm must not impose charges on customers in default or arrears difficulties unless the charges are no higher than necessary to cover the reasonable costs of the firm."


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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

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look in the FCA conc rules...iike…

 

" CONC 7.7.5

01/04/2014

FCA

A firm must not impose charges on customers in default or arrears difficulties unless the charges are no higher than necessary to cover the reasonable costs of the firm."

 

Doesn't that slightly contradict what you said earlier in the thread about not being able to charge anything?

 

I agree that the actual charges in this case seem to be massively excessive and probably easily challenged, but generally speaking if a firm can prove or justify what their reasonable costs are then they wouldn't seem to be in breach of any rules, or am I missing something?

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courts have decided that it is reasonable to charge a fiver for a letter as long as it was necessary to send that letter. Now if they are sending out so called reminders for stuff they have already charged for that is called churning and is against the rules so cant even charge a fiver for that.

bounced dd? costs them about a quid if anything.

Edited by Andyorch
typos

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courts have decided that it is reasonable to charge a fiver for a letter as long as it was necessary to send that letter. Now if they are sending out so called reminders for stuff they have already charged for that is called churning and is against the rules so cant even charge a fiver for that.

bounced dd? costs them about a quid if anything.

 

 

Thanks for the info guys.

 

They wrote to me stating they would add the charges to the direct debit, i wrote back saying that the charges were excessive and i would not be paying them, in this case, they didnt actually need to send me a letter, because i phoned them the next morning after the dd failed, asking for manual

sort code and account. so their money was no more than about 12 hours late.

 

So cancelled the direct debit and told them i would pay it manually each month.

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Update on this.. just received an email.. asking for the £25 again.. but further on , it states..

 

You will continue to incur late payment charges until your arrears have been cleared.

 

so they seem to be implying that they are going to charge me for not paying the £25..

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Update on this.. just received an email.. asking for the £25 again.. but further on , it states..

 

You will continue to incur late payment charges until your arrears have been cleared.

 

so they seem to be implying that they are going to charge me for not paying the £25..

 

 

As i suspected.. they have now added £15 for a letter charge, and now saying my arrears are £40

 

I have written to them saying their charges are excessive,and against fca rules.. etc.

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when another co did this to a friend

he simply cancelled and got ins elsewhere

he got a couple of snotty letters from I think close brothers

but nothing more

turned out is was them that were charging the penalty fees not the ins co as he had chosen pay monthly.

 

 

nothing ever showed on his credit file , don't think they can trash that for car ins funding,


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Its Car finance. as per post one.

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Sorry was thinking it was another thread screen

on a small screen


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

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So currently i was going to write back to them, and offer £5 as compensation for the 10 hour delay in them getting their money.

 

They are referring to the account, as 'in default' which ofc, it is not. i am siumply not willing to pay them 25 for a bounce dd, and 15 for a letter, that they did not need to write.

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Update for anyone else coming to this thread in the future.

I wrote back to them, stating that their penalties were not inline with the consumer credit act, and they dropped them all.

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well done.

you mean FCA/OFT guidelines not the CCA?


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

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Doesn't that slightly contradict what you said earlier in the thread about not being able to charge anything?

 

I agree that the actual charges in this case seem to be massively excessive and probably easily challenged, but generally speaking if a firm can prove or justify what their reasonable costs are then they wouldn't seem to be in breach of any rules, or am I missing something?

 

To answer this question as to whether there are entitled to charge anything once they have tried to levy an excessive penalty, the answer is that they can't.

 

If they attempt to levy an excessive penalty then the term of the contract is void. Although the rest of the contract can continue, there is no power – even in the court – to order that the unfair term should be reconstructed in order to become lawful.


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