Jump to content


  • Tweets

  • Posts

    • we need the exact particulars of claim, not what you have put please.  
    • Thank you everyone for your quick responses I just wish I posted here in the first place    I probably shouldn't have filled in the claim form however on the letter it said I had limited time to do so and because I was dealing with CST law trying to come to an agreement with paying off the debt I didn't think it would get to this point and now I have probably made my situation worst. Of course, I would have posted here first before sending it off had I not been in communication with CST to set up an agreement.    I sent the letter back to the court as some point in early August, the issue date on the claim form is 28th July and the most recent letter I have received 'Notice of fast track' is dated 18th November    If I am honest I can't fully remember what I wrote word for word in my defence, it would have been along the lines of why I left, my reasons and the fact I returned to my old career in an office plus taking a pay cut to do so. There wasn't much room to write a long winded defence so I kept it relativity short.   The above document Andy has posted is the exact document I am now looking at very confused in what exactly I put where    I just want to re-iterate I never agreed with this money I owe due to the training bond but it has gone on for so long at this point I'm happy to set up a payment plan if the balance can get reduced or a small one off payment upfront and this is exactly what I was trying to do prior to receiving the most recent letter    I have had zero communication from CST law, Centrica advised me to deal with them directly and I was waiting for a response from CST with the offer we had put across to Centrica - I chased it multiple times the following weeks and they kept telling me they haven't had a response and when they do we'll contact you which they still have not   Ideally I would rather not give them any money however I feel like I am out of options at what I probably should have done years ago is attempt to get it reduced and set up a payment plan    Please let me know if I have missed any critical info out    Thanks again for everyones help    What is the claim for – the reason they have issued the claim? I left a British Gas apprenticeship within the first 12 months of starting and went back to my old career in an office , my reasons for leaving were down to the completely differant job role which I realised quikcly was not for me and it was impacting my mental health massively. The claim is for a training bond which was in a contract I signed based on a sliding scale Year 1 - £9,000 year 2 £6,000 year 3 £3,000     What is the total value of the claim? £13433    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No  Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Training bond due to leaving an apprenticeship before 3 years    When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? They have sent me a virtually signed document with the contract   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Centrica are claimant, CST law are dealing and the court   Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so yes   Did you receive a Default Notice from the original creditor? I have had multiple letters like everyone else who has been on the forum over the years regarding this matter   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I am unsure, but when I left I had contested the original claim as I was dealing directly with Centrica’s collection team and they never got back to me after the final email I had sent and didn’t hear anything until years down the line   Why did you cease payments? N/A   What was the date of your last payment? N/A   Was there a dispute with the original creditor that remains unresolved? Correct I oringinally contested what was owed back in 2017 and gave my reasons for leaving and I assumed the matter was closed   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • OK thanks again Andy.   And understood 👍😉
    • Thank you for this. The first thing to be say is that this means that you are winning. It is pretty well unheard of in my experience for the bank to give way and finally return the money. The fact that they have done this under the threat of a judgement for breach of statutory duty indicates even more that they are worried about their position. Nowhere have they indicated that they have complied with the requirements of the Proceeds of Crime Act and informed the National crime agency. I don't believe they have and this is a very serious breach of statutory duty. Not only that it is a very serious breach of the FCA BCOBS regulations in that they are required to treat you fairly. Treating you fairly in this case means that they must comply with the rest of their statutory duties. It appears that they really haven't done this at all and that they have acted in an arbitrary way in disregard of the law and that they are hoping to get away with it. I find myself wondering how many other hundreds of people have been treated in exactly the same way – and you are probably the first ever to have stood up to them and to get them worried. I think I've already indicated that a press contact of mine in the Sunday Times would be very interested in this story. He has already run stories about the very poor standards applied by banks when deciding that their customers are involved in some fraudulent behaviour. The first thing to say about the letter which you have received is that they are trying to apply conditions to releasing your own money. It's your money and there should be no conditions and my suggestion is that you object to this. Secondly, not only are they threatening to continue to withhold your own money – but also they are saying that if they release it to you you will simply have the net figure without any kind of interest or compensation. It's clear that while they have had your money, they have invested it and earn money on it. They have probably been lending it out at between 16% and 20% and although the usual rate of interest is 8%, it seems to me that justice can only be served by repaying you your money plus the commercial rate of interest – at a compound rate. Normally the 8% is calculated at simple. Thirdly, they are not offering to pay you any compensation and clearly they are hoping to get away with it without any kind of sanction or not even a slap on the wrist.   Fourthly, they had the nerve to impose a seven day deadline. Don't worry about their deadline. It's a load of huff and puff. This is all part of their bluff game designed to intimidate you. At the end of seven days – what? Are they then going to insist on going to court?   If they really believe that they had done everything correctly and that the money was fraudulent, then they would not offer it to you back under any circumstances. It would be illegal for them to do so. You can be certain that these people do not want to go to court. In fact they probably wish they had never started.   Finally, they want the matter to be kept confidential – and I can't say I blame them. I would be ashamed if people knew that I had treated somebody else in this way and I'm sure they are worried about reputational damage. I'm also sure that there are extremely worried about what will happen if you get a judgement against them for breach of statutory duty. It will have to be reported to the FCA. It will have to be reported to the NCA. And of course it should be reported to the newspapers because people need to know what is going on. If you want, you can simply accept their proposal – get your money back, given confidentiality – and that's the end of the matter. However, you have no idea how this will impact on your record in the future. I imagine that they will bar you from ever opening an account with them again. – But at least you will have your money and you can get on with your life. However, if you want you can stand your ground and make it clear to them that you are going to be mucked around and treated like this and that you are prepared to go to court if they won't make a proper offer. I understand that you need to pay a court fee of about £350 in the next seven days. I expect that the bank is making this offer now hoping to dissuade you from spending any more money and hoping that you will back down. If you have the money to proceed then I would suggest very strongly that it will be a very serious sign of strength that you tell the bank that you're not interested in that you are paying the fee for the next stage of the court process. If the bank knows that you've called their bluff on this and that you have been prepared to invest further money in moving this legal action forward, then they will start to reflect and I can perfectly well imagine that they will make you another more interesting offer – once again on conditions of confidentiality. Without seeing any further offer, I'm already suggesting that you will probably be best off turning it down. In any event, I would remind you going back several months that I already predicted that the bank would make you confidential offer – and that has happened. I'm not saying that I'm always going to be right here – but I think that now basically the bank have pretty well admitted that they need to pay you your money, there is no chance of you losing it. You will get your money and it really is just a question of how much else you will get in addition. If you'd like to continue then let me know and I will suggest a draft response to them.
    • The cost of living in Britain over a person's lifetime is over £1.5m, new findings have claimed as the nation feels the squeeze amid soaring energy costs and dismal interest rates on cash savings.View the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

New claim, but a bit stuck


Paintball
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5430 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I sent off my S.A.R - (Subject Access Request) to the Co-Op bank on 14 December 2006 enclosing a cheque for £10. However, I made the mistake of not sending the letter by Recorded Delivery! Have not received acknowledgement from the bank to date ...

 

I rectified this by writing another letter requesting acknowlegement of my SAR letter and enclosing a copy of the original which I took into my branch yesterday and handed it in to a member of staff, asking for a receipt as proof of delivery.

 

Two members of staff 'assisted' me with this astoundingly unusual request and looked at my account records where, surprise surprise, there was no reference to my recent SAR request. They did update the details and I got a receipt and told the staff to take my letter straight to the Manager. I was told that the process would take a while as my request would need to be passed on, I presume to some bod in Balloon Street.

 

My additional problem is that I only had one cheque left in my cheque book which I had enclosed with my SAR. I have since requested another cheque book which the Co-Op have declined to provide and I need cheques to send out additional SARs to Crapital One, Nasty West etc.

 

Ouch! :eek:

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

Link to post
Share on other sites

Did they say why they could not send out a cheque book?

The bank uses a flexi trigger on the issuing of books and will only auto issue a new book once it has received around chq 15 of the book. If you'vehad to scrap any of them, then it may not have had 15. Call into Telephone banking and ask if any new cheque book has been sent. If they say no, ask if any are still marked as open and not complete (ie any with only around 13 to 17 cheques used). If they say yes, ask for them to mark it as complete and order another one.

 

 

The only time a book will not be sent out is if there is a Referal marker on it. These normally only go on the cheque books if there has been returned cheques as funds unavailable. The team that can look to remove this is Managed accounts.

 

Hope this helps out. PM me for any more info.

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

Link to post
Share on other sites

Thanks for this reponse. I have since contacted the Coop bank repeating the request and was asked about 16 unused cheques which I explained will have been voided/torn up over a period of time. I was told I would have another book in the post so am awaiting its arriveal!

 

Still waiting for an acknowledgement of my SAR letter ...

 

 

Rachel

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

Link to post
Share on other sites

Guest Battleaxe

I send crossed postal orders for my SAR's. You can track them easily enough. it cost £10.80 in total the 80 pence is the admin fee. You don't need a cheque.

Link to post
Share on other sites

A result today ...

Received in the post a complete list of charges which were headed with abbrevations that I was not readily able to understand. My cheque was also returned and in an accompanying letter I was told that there was no charge for this service and that if I had any queries I should call Claire

Maddick in the Customer Care team at Balloon St within 30 days.

 

I called Claire who was very helpful and requested complete statements. She said she will send them (at my request) by 25 January which is when the 40 days is up.

 

I now have to decide whether to claim back ALL the charges, including the service charge for the Privilege Account I was coerced into having! Other charges listed are for Commission, Debit Interest, DR INT REF (??) and FEES (??).

 

I'm going straight from here to the thread about COOP FEES to glean some insight/info ...

 

MODS PLEASE COULD YOU CHANGE THE SUBJECT HEADER FOR THIS POST TO PAINTBALL VS THE COOP? Thank you.

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

Link to post
Share on other sites

i think you mean the subscription charges?

that is the admin/freebies/magazine/website fee of having the a/c.

 

you might p'haps get some luck if you treat this a separate issue latter with them along the lines of bad fin advice?

 

anyhow.

i would wait for the full statements to come thru, as most of the things you list, from the list you got, are new to me and i've had a priv a/c for a longtime now,

 

certainly, service [unless linked to an o/d greater than the free £100 one] commission and the others can be claimed.

 

goodluck dx100uk

 

:p :p

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... 

Link to post
Share on other sites

Hi everyone

 

Still not clear about exactly what to claim for after reading the plethora of information and viewpoints expressed in various threads.

 

Recent Winners Dylans Mum and Cybergangster appear to have claimed differently. Dylans Mum says she claimed interest (calculated from the spreadsheet on the Commission and Fees charged?) but didn't claim the Debit Interest charged on the account, yet Cybergangster says he didn't bother with interest at all.

 

I'm still awaiting my statements having already received the Coop's own calculations of charges. From feeling initially very confident, frankly, I'm in a slight panic here and would really appreciate someone really haelping me to clear this one up so I can make my next move with confidence.

 

Cheers.

 

P

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

Link to post
Share on other sites

debit interest seems to be diff on co-op a/c's as from other banks, & much smaller [in terms of money value]?

there is a thread where the person has used their [co-op supplied] list of charges & just added [x]% compound int to the total & put that in.

 

i myself have a complete set of statements [though only used those going back 6yrs] to total their charges to me, [inc service but not debit int] added 15.9% compounded [where did i get that figure from now?] and sent it off on jan 04. had the std sorry letter so far only [getting close to LBA].

don't be too worried about claiming for things you mightnot be intitled to, they will soon put you right i'm sure. & you can always revise the figure at a later date.

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... 

Link to post
Share on other sites

from what i have been reading on the site, you wouldn't be able to claim for the privilege fee, as it is a fee for a service. you say you were coerced into taking it, how, if you don't mind me asking?

 

if helps as well, the rate of interest charged on overdrafts change depending on the account you have (but feel this is only within agreed overdrafts). currently it is the current account at a monthly interest of 1.5%, privilege at 1.02% and privilege premier at 0.79%.

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

Link to post
Share on other sites

well i sent mine 1st class, got sorry letter a couple of days later.

did you send to ballon street AD

 

dx100uk:-(

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... 

Link to post
Share on other sites

I'm still awaiting my statements having already received the Co-Op's own calculations of charges. From feeling initially very confident, frankly, I'm in a slight panic here and would really appreciate someone really haelping me to clear this one up so I can make my next move with confidence.

 

Okay, best go back to the basics: your bank has taken money from you unlawfully and you want to get it back. Have you received a bundle of statements detailing all the transactions on your account for the past 6 years yet? This will have been sent to you in response to your Subject Access Request. If not, wait until you have that.

 

If you do have it, you need to find all the unfair charges they have made. If you are not sure what counts as an unfair charge. Let us know what the abbreviation is on your statement and I'll hazard a guess. From my own claim, unfair charges included:

  • DAILY EXCESS CHARGE
  • FEES
  • SERVICE CHARGE
  • COMMISSION

You will need to take off any ADJ COMMISSION entries as these are refunded unfair charges (e.g. they may have repaid you some charges at some time).

 

Make use of the excellent spreadsheets set up by Vampira available here. The one I used was the 3a Before court without interest as I understand it to be the case that you can only claim the 8% Statutory Interest when you take it to court, and I considered the amount of Contractual Interest to be negligible compared to the rest of the claim, and too much hassle to bother with.

 

Contractual interest is the rate of interest they will have charged you for going overdrawn to pay the unfair charges. If you want to claim that, you will need to find out what the rate of interest for overdrafts was over time.

 

Once you have your spreadsheet completed, check it by going backwards through all your statements (not necessary, but I did this for peace of mind that I hadn't missed or duplicated anything) then print a copy for the bank, use the Preliminary approach for repayment template to make a letter to claim back your charges, and send the letter and spreadsheet to the bank. I sent by recorded delivery, again for peace of mind.

 

I was refunded pretty swiftly, with the full amount paid into my account without any resistance from the bank, so you should be fine.

 

Hope this helps!

Smile - S.A.R - (Subject Access Request) sent 28th Sept 2006

 

Full claim of £2004.25 paid into account 7th December 2006, 00:09

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...