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    • In terms of your letter of claim, you've asked us to remove some information – but you have put it up and it's not that critical it's simply bad practice and so we will be leaving in place. It's highly unlikely that the company will stumble across this thread – and anyway no great harm done – but there is no point in spelling out in a letter of claim every detail of the evidence you are going to be relying on if it goes to court. In terms of referring to mediation, it's not up to you. It's up to them. Once again you want to play your hand before it is necessary. Do not do it. Let them make the decisions. They probably will opt for mediation as part of the court process – and then you can simply accede to that. A letter of claim is not the time to start stating this kind of stuff. You come here for advice and I suggest that by and large you follow our advice. In terms of just keeping part of the contract – the frames – as long as you are sure that another supplier would be prepared to supply the glass which is absolutely appropriate for those frames. However, I should warn you that mixing your suppliers like this can eventually lead to problems because you are giving both parties a means by which they can pass the buck onto the other party. This really can get complicated – if the frames fail and the company with which you've already fallen out, then decides to get their own back and they say it is the glass supplier. The glass supplier may well turn round and say no it's the frame supplier – and you are left in the middle and you will have a difficult problem including maybe having to pay for an independent assessment to ascertain whether liability lies. In my view its most ill-advised. You have an opportunity here to predicate your rejection on the fact that you had a single contract and the glass and the frames are supplied as a job lot and the defective glass means that the entire contract is subject to rejection. However, it's up to you. Furthermore, if the frames fail within a particular time, apart from the problem of passing the buck to the glass suppliers, you may find that the frame suppliers are quite reluctant to do any further business with you because they will have long memories. If you really think that after this litigation the frame suppliers will be prepared to continue with you and to supply the glass that you need, then you need to be very certain. Of course they may be very pragmatic and business minded and mature about their dealings and be prepared to supply you with the glass you need with perfectly goodwill and professionalism. However, you shouldn't bank on it. All it needs is one individual within the organisation start feeling that the whole thing is some kind of personal rebuke against them are you are you are you are you you are a you are you you are you are you are a you you are a you.   Anyway, that's my two pennies worth. I think you should follow our advice in terms of legal process and the letter of claim. The rest of it is to how you deal with your windows is simply a bonus for you.
    • Perfect thanks for the reply and apologies for the marker Pen, I thought I had covered it off.    So to clarify, I just ignore this letter and no response is necessary?   
    • First of all, we please deal urgently with the identity of this company. In the title to this thread they are identified as being in Letchworth. This is not correct? We do not want to start firing off accusations against some company elsewhere may be is doing its job perfectly well. Please can you respond to this urgently Post up a link to their website
    • If you scan up letters here by the way, please make sure that they are included in a single file multipage PDF. Please make sure they are all in the correct order, the right way round, and not simply minuscule photographs. You can't imagine the kind of stuff that people put up here when they realise that they're not paying for the advice!
    • Think you've got the wrong Crystal there Slick132...it's Crystal Clear Group Ltd. There's a lot of companies with Crystal in the name!   I agree could take out the struck through part about evidence, although they already have it all already, but I think I need to leave the part about mediation/ADR in, it's important to show I'm open to these, that and the next line came from a template letter before action.  Have asked for that post to be removed via the report button, just in case, the rest of the thread can stay!         The frames are fine, no reason not to keep them, though I could reorder frames from somewhere else it'd be easier to keep these ones as I then already have the measurements for the glass (which I've double checked). I will be asking that question tomorrow though. I have found another supplier I'd be happy to use at around the same price. Glass at the mo is stored mostly upstairs, it's a bit inconvenient as it takes up a lot of space, but no losses as such.  
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Santander Have blocked my account - supposed fraud - want to raise a court claim to get my moneyback - help with how please?


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Hello CAGgers,

 

I have a question on how to proceed with reclaiming money from  Santander please. 

 

The bank closed my account due to an inflow (£3k) which came from a car sale and have refused to release the money to me. The account has been closed and we have been on the matter for over 60 days and I am about to go to court.

 

I have obtained an SAR from the Santander and I can see that the account was flagged and then closed on advice from the fraud team. What is baffling is the fact that they refused to release my money.

 

I would like to know which forms (and which regulations to refer to in my particulars of claim) to use for this type of action as it is not Credit/Debt related.

 

Many thanks

B-Bunch

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usually down to money laundering rules. barclays are the usual favourite for this happening to people

not heard of Satans bank doing it before.

have they also trashed your credit file with a CIFAS marker?

 

do you have written proof of the sale of the car?

and proof from the buyer that they made the BACS transfer?

 

 

 

 

 

 

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Hi dx, thanks for your response.

 

they haven't touched my credit file actually and I have all receipts and a proof from the buyer (screenshot of bank statement). They asked to see a V5C and I told them that I don't have it, this is the bone of contention. They have now closed the account but still refuse to issue a check for my balance. 

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why don't you have the green slip of the v5c

and what do they want it for?
 

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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to prove I actually sold the car. I have resolved to go to court and the SAR shows all the notes on the account. The fraud department flagged this and despite all entreaties, they refused to release the money. The buyer has send across a screenshot of his bank statement and I have the sales receipt showing I sold the car. I have also asked DVLA for confirmation. 

 

Do you know which legislation I can rely on please and which forms to use as I think I have all I need to show proof of legitimacy i.e.

 

1. Sales receipt (Issued by me to buyer)

2. Bank statement Screenshot (showing payment) and letter from buyer confirming they purchased the car.

3. Letters to CEO and their responses

4. SAR

5. Cover Note. 

 

it has passed 80 days now and I believe if the NCA is involved it should show up in the SAR, in any event I don't mind engaging relevant authorities and showing the proof and transaction history. 

 

thanks

B-Bunch

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You wont see CIFAS on your CRA for something like this. You have to go direct to CIFAS for that.

However... It is possible that they just closed your account because they werent comfortable about something but didnt trigger AMLR

 

 

 

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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thanks all for the responses so far.

 

could anyone please confirm: 

 

1. whether the small claims court route is the right way to go

2. The small claims court process (and forms) to go through. 

3. documents and templates I can use in the library or other similar cases

 

appreciate your support and assistance. 

 

Thanks

B-Bunch

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  • dx100uk changed the title to Santander Have blocked my account - supposed fraud - want to raise a court claim to get my moneyback - help with how please?

i have retitled your thread and moved it to our legal forum. so those experts will see it.

 

there is an MCOL small claim guide in the legal section of our library

 

dx

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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You will have to serve a Letter before claim first and exhaust their internal complaints procedure in line with the Pre Action Protocol before issuing a claim.

 

https://www.gov.uk/make-money-claim

 

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

 

Topic moved to Financial Legal Issues.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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Hi Andyorch,

 

thanks for your response. I have gone through the CEO channel with multiple correspondence (letters) to no avail hence the choice to go to court. 

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Letter of claim then.....

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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Plenty of examples on Google and here on this forum ..use your search button.

 

https://www.google.com/search?client=opera&q=Letter+of+claim+examples&sourceid=opera&ie=UTF-8&oe=UTF-8

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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