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    • are we getting there now .thks DEFENCE  The Defendant contends that the particulars of claim are vague and 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. the claimant replied to a request made under a pre action protocol   letter of claim  and a Consumer Credit Agreement request , pursuant to s.77 of the Consumer Credit Act 1974 )request made   on 19/11/2018 the reply contained  incomplete reconstitutions and with  with documents missing from the list in my request a cpr 31.14 request was made to the claiments solicitor on  02/06/2019 which the claiments solicitor has refused stating cpr  31 does not aplly even though no track has yet been allocated  1- The Claimant claims £657.10  is owed under a regulated loan agreement with  money in advance r. I did not recall the precise details  and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to fully comply. 2-the  Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on the defendant from either the Claimant or  money in advance  3 The claimant has produced  a reconstituted version of  the original agreement , it is considered that this is not a true copy of the executed agreement as it is the claiment has yet to  produced a copy of any legal assignment of this debt 4 It is therefore  not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) Show how the Defendant has reached the amount claimed for  b) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974. c) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  d as  per Civil Procedureicon 16.5 it is expected that the Claimants prove the allegation that the money is owed.
    • There's a difference in buying a car privately or at auction, and buying one from a retail seller, regardless of the price. buying from a dealer you have certain statutory rights as a consumer, and you pay a premium for the supposed benefit of buying from reputable source.    An engine management light could be a minor problem, the issue here though is that the seller delivered the car with the light on, then dumped it and made a quick exit, that gives a fair idea of his attitude to customer service. If the engine management light came on while the car was in the process of being delivered, any reasonable seller would have told the buyer the light had come on and taken the car straight back to sort it, not done a runner and hoped the customer wouldn't notice.
    • And....   It’s a £2500 end of life banger. If it gets from A2B it’s fit for purpose. What are you actually trying to say? 
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    • My personal experiences of Future Comms 
       
      Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!
      • 0 replies
    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
        • Like
      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 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
redusga64

The Royal BAnk of Scotland!!!

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I have been with the Royal BAnk of Scotland for over 6 years i have a good relationship with some of the staff in my branch but this does not stop them from hitting me with charges as this became a problem i requested if there was an problems for them to contact me they did on several occassions where i was able to cover before the charges went through and got them cancelled but this has stopped and having checked my account today i have been hit with over £145 of bank charges. Knowing that i have paid alot in charges over the last 6 years i thought this has to end somewhere and i proceeded to write the letter which i got from the library but now i'm unsure of to post it or not as to the head office is in Edinburgh can anyone help me on this and advise what i should do?

 

Thanks

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I have been with the Royal BAnk of Scotland for over 6 years i have a good relationship with some of the staff in my branch but this does not stop them from hitting me with charges as this became a problem i requested if there was an problems for them to contact me they did on several occassions where i was able to cover before the charges went through and got them cancelled but this has stopped and having checked my account today i have been hit with over £145 of bank charges. Knowing that i have paid alot in charges over the last 6 years i thought this has to end somewhere and i proceeded to write the letter which i got from the library but now i'm unsure of to post it or not as to the head office is in Edinburgh can anyone help me on this and advise what i should do?

 

Thanks

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Post it to your branch.

If your account is in England, then keep all of your correspondence in England


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Post it to your branch.

If your account is in England, then keep all of your correspondence in England


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I sent my letter to the RBS on 21st Feb i'm not to sure of the next step do i wait 40 days to see if they will send me the list of charges they have applied on my account in the last 6 years or do i start with the court action straight away as the 7 days have gone.

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Did you send it recorded delivery or have you had any acknowledgement that it has been received?

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I've recieved nothing was actually thinking of sending it again recorded delivery.

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They will probably regard this as restarting the clock again on the 40 days but you may have no choice. They should have at least acknowledged your letter by now. Are some of your charges on the brink of being more than 6 months old? I had the same type of problem with Nat West (owned by RBS) in that, whilst they replied, they were trying to run out the clock so I've now sued them for an estimated amount.

 

If you don't face the same problen, it would probably just be best to resend it by recorded delivery.

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As another option i will go and pull out all my bank statements and see if i can come up with an estimate amount to just take it to court, as i can see they maybe avoiding the letter and to show i'm serious proceed to the next step with out the list of charges.

My most recent charge was end of Feburary for £145 all on 1 day my charges go back a long time and i'm sure they owe me alot of money, i'm not to sure what's the better thing to do as i'm travelling at the end of the month and don't want them to think i'm not serious.

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Just as i was ready to post the letter recorded delivery i recieved a letter from RBS 'if i should exceed what we have agreed then their standard charges will apply as a good will gesture they have refunded me with £28 plus the last charge of £38'.

Obviously they think this is the end I WANT ALL OF IT BACK!!!! HELP what do i do next as i still haven't received the list of charges and want to pursue to the end but as i stated before i'm going on holiday end of the month so i would really like to get this going.

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I take it that you haven't had your list of charges yet so send them an abrupt reminder.


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So, rudely remind them.


The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Just as i was ready to post the letter recorded delivery i recieved a letter from RBS 'if i should exceed what we have agreed then their standard charges will apply as a good will gesture they have refunded me with £28 plus the last charge of £38'.

Obviously they think this is the end I WANT ALL OF IT BACK!!!! HELP what do i do next as i still haven't received the list of charges and want to pursue to the end but as i stated before i'm going on holiday end of the month so i would really like to get this going.

 

They tried this "goodwill gesture for the most recent charge" on me, hoping I would be daft enough to accept. I then wrote and told them I wanted ALL the charges refunding. In the end they paid up.

Stick to your guns. Give them the "14 days or court action" threat

Go for it all. Its your money, you are entitled to it

Good Luck,

 

Buzz.

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Thanks for advice, just wanted to know should i combine the 2 letters the one regarding the data protection act and also the abrupt letter requesting a full refund within 14 days without the total amount owed?

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No because then your deadlines become ambiguous. 40 days DPA, 14 days to settle. Doesn't work

We used to have a template letter which combined them in the way you suggest. It only caused problems and confusion.


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Ok well i've drafted the 40 days letter but stated this started from the date of my first inital letter which gives them until next week. Should i wait for the response on this before i conclude with the 14 days notice of full refund required?

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Did your original letter include £10?


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It needs £10 for it to be a valid DPA request. This gives the bank a legitimate reason for non-compliance


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Ok i will do this today by registered post, then move forward with the 14 days notice after the 40days. Thanks

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I'm now back from holiday and yesterday i went into my local branch to pay in a cheque the advisor there mentioned my over draft and the interest i am paying. She informed me that last month they have devised a scheme to be able to approve a loan to clear the overdraft which you pay back at an amount you can afford.

Cut a long story short got a call from the advisior today to discuss she pointed out to me the amount of charges that have been applied to my account and if they was to put me on this new scheme they will take back my switch card for 6 months to help stop the charges i mentioned to her that when i do receive my charges back that this will cover my overdraft and that this is a problem that the bank need to be dealing with and have informed her of the information i requested since March and soon as this has been received that i will be in a poistion to discuss this further.

Now my letter was date 16th March do i include the weekends when counting down the 40days as this is due on Tuesday?

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Yes include the weekends, bank holidays, end of the world and anything else that happens in a day :)

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Great cause i am actually looking forward to taking this further, summer is coming soon i want to enjoy it!!!

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HELP!!!

The 40 days are up for the bank to send me the information i requested should i call them to find out or should i proceed with action but the only thing is i'm not to sure of how much i've been charged over the years.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4650 days.

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