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    • Let me throw more oil on while we await Jase's confirmation that the appearance that he was being disingenuous was mistaken.   Does letting people run here in any way whatsoever resolve the issues in that persons own country? and would they allow our destitute skill-less people entry to their country and feed home and support them from their own resources once the people we vote for in corrupt deceitful outside influenced elections have turned our nation into a bled dry, over-crowded, destitute hell-hole of asset stripped poisoned land and starving children, whether through ideological design or ideological incompetence  ?  (ask Priti Patel for starters) ... particularly if there were thousands of children in their own country being fed from food banks?   and does allowing an open door policy to those claiming oppression mean those people will be generous good people who want to join and add to our society? (ask Abu Hamsa)   Extreme examples, and some might argue those examples knew exactly how to 'manage' in out society - but for me they do demonstrate we need to have a process that integrates immigrants into our society before we can define an immigration policy based on anything more than OUR societies economic and social needs.
    • No I didn’t done it through comparison website unfortunately 
    • To throw oil onto water   I agree in principle to a national wage but question 1 is, at what point would a migrant become eligible for it? On arrival is , in most cases wrong as it encourages economic tourism but if they are genuine refugees it’s different.   I think we all agree ,(well the three of us)  doing away with the hostile environment is a must.  It makes me ashamed to be a human being when I hear some of the rhetoric coming out of many Tories and other right wing mouths. Tell me, do you risk death in a freezer unit because you think staying in your country of origin is really good? 
    • Thank you for your reply....so I have this clear in my mind even if Barclays did now reply to their SAR they would not be able to follow it up with a claim due to being out of time ... the reason I ask is because I would like to push this firm and possibly try a case for negligence for a bit of sport as they clearly have not acted in my best interests....as they are solicitors it makes it even more interesting as a test case
    • No I posted the date of the hearing on the 27th October.   Andy said he would help once we had a date. I now have five weeks left.   Andy if you aren’t prepared to help please do let me know. many thanks 
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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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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."


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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.

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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

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

spreadsheets 

 

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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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