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There are a number of points in respect of your proposed letter. Firstly, you are referring to the overpayment – "it has not been possible to resolve this matter…" As if this has been an ongoing issue. I'm not aware that it has. I'm not aware that you have had any dispute with them in which overpayment of £116.55 has been the subject. So in that respect, the reference you are making has no meaning. Secondly, you are proposing to provide them with documents which you going to rely upon. I don't think this is the place to do it. This is something that would come after you see what their defence is and you are preparing for a hearing. You are trying to get them too much information to early on. You should provide them with a minimum of information at this point. Your offering the mediation – they are not mature enough to be able to deal with this. If you want to get into mediation then you should say that for later. At the moment they will simply see it as another weak threat from somebody who doesn't really want to take legal action and who probably won't. All the rest sounds a bit like an attempt to be a lawyer – (which is generally speaking not a good thing). Also, you are offering them 28 days. This seems like a long time to me. A normal letter of claim would give only 14 days. As far as I'm concerned, 28 days is simply 14 more days in which to ignore you. I think firstly you need to decide whether you want to raise the issue of the overpayment by writing to them and telling them that you have calculated that you have overpaid them and that you like the money back. Of course this will draw no response whatsoever or it will draw threat. If you take that first step then I'm quite sure that you will be obliged to take the second step – which is to issue the letter of claim. Of course you can simply issue the letter of claim without any other warning. In which case:
Both of my CCAs were pretty much illegible. My husband's form is quite clear though, but it was a simple 2 page form, which refers to lots of T&Cs. The actual T&Cs that accompanied the CCA was a photocopy of what would have been their standard T&Cs at the time apparently - not necessarily the exact ones he would have seen. I have now had the same PAP letter for my 2 accounts saying that they're referring my accounts to their litigation department so all 3 accounts now passed to their litigation department. So 3 PAPs to complete. I have the CCAs so there's no point in asking for that again is there? But in box D, what do I write as to why I'm disputing it? I will get these sent back to them over the next few days. Re. post 232, if I had all the time in the World and a scanner I could have uploaded these docs. However, I will have to buy a scanner to scan the hundreds of pages, but I will. I will do this as soon as I possibly can. Thanks for the help.
well £50+int doesnt = 42% and 42% is a weird figure to offer a discount on. somethings up IMHO. wait and see what they send next don't forget they've got to send a PAP letter before they try and litigate. do we know if things like the DN exist? has HSBC gotten an sar sent yet
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....
A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp bank complicity – coming soon @A_Gentle_WomanA 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/
Hot news for anyone who has suffered mortgage arrears charges, irresponsible lending or other unfair lender conductThe 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.
Do you have a mortage arears claim to make? Then post your story on the forum here
30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/