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    • So far the declared value is confirmed and documemted the first Claim got agreed and they kept delaying saying the refund will show 5-7 days for BACS but that not true!   I VE been chaising this since 28th september, told on 2nd October I needed to send my bank details again as they seemed they got it wrong but not my fault yet they had it since 2nd October! Thats over 2 weeks! I   GET Money via bank bacs and from Europe and recently in 3 Days and in the UK its same day and instant!   They re messing me about and nothing else!   For contents its a Marshall  speaker small bleutooth one value 127.99   And 2nd parcel stollen last week and an empty bag delivered yesterday for Marshall Headphones vzlue 121.99 all sold via virifiable links and invoices and all fully covered tonits value, and payment all prooven as well as refunds.   The first claim was agreed but still no payment   2nd Claim had to file it yesterday and he re the empty bag!
    • Yes it will be straightforward – but you may as well give us better information so we can check that everything is in a row. What was in the parcels? When were they sent? Was the value correctly declared? I understand you had insurance.   Have you been formerly declined compensation? If so then what was the reason given?   Also, you need to spend some time reading up on the Hermes threads on this sub- forum so that you understand the way it goes. It is pretty well always the same. It's essential that you understand the steps and so it is essential that you do the reading. In addition to answering the questions above, please confirm that you have done the reading or the you will be doing it.
    • In order for an NTK to be compliant it has to comply with PoFA. If it is not compliant then the keeper cannot be held liable for the PCN.  I have included the wording from S8 though  s9 is identical in the part I have copied below. You will see that at the beginning  "The Notice  'must' " which in Law means the wording  is to be stictly observed (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; (c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f); (d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is— (i)specified in the notice to keeper, and (ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4)); (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; or (ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver; (f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given— (i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; (g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available; (h)identify the creditor and specify how and to whom payment or notification to the creditor may be made; (i)specify the date on which the notice is sent (if it is sent by post) or given (in any other case).   If you compare that with the NTK you weresent you will see that your one does not include  "   (if all the applicable conditions under this Schedule are met) " Your NTK also states that if you don't pay the £100 that you will be liable for debt collection charges up to £60. this contradicts section 4 of PoFA where it covers the right of the parking crooks to pursue motorists [5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).   So their NTK is non compliant in two places.    In any event Ambreen is wrong to declare that if they cannot pursue the keeper than they can assume that the keeper was the driver. The court will not entertain that idea -VCS need to provide strict proof that the keeper is the driver. So despite Ambreen claiming that they can proceed against the keeper she is wrong. [17,18 and !9 of her WS]. They quote Parking Eye v Beavis   [22] which is irrelevant since that was a free car park and yours is a residential parking space covered by a lease which VCS cannot overturn.    
    • I can't remember if we mentioned that Door Matt was offered a job as UN envoy to help Africa to recover from Covid.   According to several people on Twitter, the UN seem to have read the joint select committee report on the UK's handling of the pandemic and withdrawn the job offer.
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Alliance and leicester fined by FOS for retaliatory account closure


BankFodder
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whattt?!

 

LOL

 

Anyway, FOS sent me their complaint form, after I cc'ed them on my letter to Lloyds. Lloyds has decided to close my account in July...after my first round with them. But they have changed their mind. After receiving a second slap from me, the sulked like toddlers and closed my account for real this time. Now they claim that the letter advising me of closure, which was sent to me in July 2006 was a "sufficient notice" and they felt they didn't need to send me another one in December. Honestly, do they think we are all mushy peas for brains?

I am not happy that my money makes someone else's life luxurious (shareholders) but I am positively furious that they add insult to the injury by treating our complaints with such a patronising disrespect or bully tactics. That's what makes me truly mad; the stubborn, pig-headed, high-handed pathetic letters that they send us.

I am not an idiot, couple of million account holders are not idiots- how retarded does someone have to be to think that we are??

[sIGPIC][/sIGPIC]

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I would also include a complaint about HSBC misleading you over the jurisdiction of the Ombudsman saying this caused you to delay your complaint unecessarily. This is especially the case if you are now outside the normal time limits for referral to the Ombudsman.

 

Incidentally Nationwide closed my account and I still owe them a four figure sum. I repeatedly tell them I am refusing to pay, I want compensation in excess of this, the amount is therefore in dispute and they cannot recover or take any enforcement action. So far all they have done is go round in circles before starting to issue the same series of stencil reminder and recovery letters. They fall down on the fact that we seem to be the only people who have a full set of letters to look at whenever we write, they just use a best guess at what has happened previously. They are hopeless. You just would not believe the number of different people that have written to us and none of them ever actually reply directly to the points we have raised. That's what ties them up in knots so much! Bully techniques is exactly right and like all bullies they don't know what to do when someone fights back.

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Hey thats great thanks, should i be asking for compensation and if so. how much??

 

I am going to file my complaint today as i did get final response letter (which said it was outside jurisdiction of ombudsman) at end october.. i am still in time i think (its 6 months?) and i will set up my own thread.. or i may just resurrect my old one from last year so people can see the history!!!!

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Letter of complaint posted to A&L today. I tried to get as many phrases from the FOS decision as possible into the complaint; "I believe your action was a retaliatory and punitive measure...", etc, etc.

 

Account was closed in Aug '06 after we got £6k+ in charges back. I was furious then and I'm no less furious now!

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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Letter of complaint posted to A&L today. I tried to get as many phrases from the FOS decision as possible into the complaint; "I believe your action was a retaliatory and punitive measure...", etc, etc.

 

!

 

can you send me link for full FOS decision as i would like to quote it in letter to HSBC today advising them am going to ombudsman...

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I don't think the full decision has been posted anywhere, but the person who actually got the decision is #9 on this thread, where they quote verbatim from the FOS;

 

 

"He should not be prevented from bringing a legitimate complaint by the threat of having his account closed; nor do I consider it fair or reasonable of Alliance & Leicester to respond to his complaint about charges by closing the account. Alliance & Leicester appears to me to have used the closure of the account as a retaliatory or punitive measure".

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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i look forward to seeing the link too. great news that I can cause A & L further pain. my account is being closed on the 12th of Feb after my successful claim against them. what really annoys me, and to which my response letter eluded to, is not the fact that I have to bank somewhere else ... i'm happy to. its the threats of placing the accounts in default status. bully boys !!

Nat West, * WON *, 10/2006, £1287

A & L, * WON *, 11/2006, £188

Donation Made to Site

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Nice one !! I now hope to here of such successes regarding the unfair imposition of Defaults due to such charges being levied

 

Anyone any ideas or suggestions or thoughts??????

 

Delboy

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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Dear Bankfodder and the CAG fraternity,

 

I am new to your site and appreciatte the efforts being put into reclaiming bank charges etc.

 

I was reading your piec on the Alliance & Leicester story and in particular the compensation they payed one of the members. In my case they have already closed my account and have taken the matter to Northampton County Court, where I am at the moment filing a defence a counterclaim.

 

They sent the matter to County court after receiving my first threatening letter to take them to court. I am at wits end what shd I do?

 

- Papyron5

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Hi, Papyron

 

Don't panic - that's the first thing. Maybe sit down and have a nice cup of tea.

 

Open a 'parachute account' - this is an account with an entirely different institution. get all your income paid into it. Transfer your standing orders, DDs and so on into it. Then you will, at least, have access to your money.

 

Then take the time to read the FAQs and the step-by-step guide. You'll find that this isn't unusual - banks are eithe4r closing accounts (which is against the code of conduct) or are observing the letter of the Code by not actually closing a/cs, simply asking for chequebooks, cards, etc to be returned.

 

It will take a while to get your money back - a matter of months, not days - so make sure you have the means to get by in the meantime. And don't worry - you'll find things are a lot easier if you're not having to pay bank charges every month. You will have more of YOUR money in YOUR pocket - even before you get your charges back.

 

I very, very strongly recommend that you read the FAQs and step-by-step guide. I'm saying it again because, I fear, it's clear that you didn't do so in the first place - you went straight in. If you don't plan and prepare properly, they will take you to the cleaners - or, at the very least, scare the living daylights out of you.

 

As you have found.

 

If they think you don't know what you're talking about, they'll skin you and fob you off with far less than you're actually entitled to.

 

But, as a matter of interest, why are they taking you to court? This is a new tack.

 

Best wishes

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Thank you Westy,

 

They started by saying I was overdrawn, I sent them a standard letter requesting for all charges for the past 6 years (you know the standard letter) They then replied with all the info I wanted for the past 6 years. In the mean time they were threatening to take me to court and reclaim their funds after withdrawing the overdraft facility.

 

I then dived in with a threatening letter to take them to county court if they dont refund all my charges for the last 6 years, which amounted to over £3,000. By the way I owe them just over 2k.

 

They wrote me last month that they were looking in the matter. The next thing I heard, was a county court claim from the bank to reclaim their funds.

 

I am at the moment filing my defense and counterclaim. Advise needed please!!!!!!!

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I just went into my A & L account online- guess what ? Its been blocked. Sign of things to come I think.

I served a N1 claim on them last Thursday for £3247.

I expect they'll close the account. Lucky I got another one.

Alliance prelim 7th Jan £3270

sod off letter 14th Jan

LBA 19/1/07

N1 taken to local court 6/2/07

Offer recived part amount but already in court

WON! WON!full amount !!!!!!!!!!!!!!!!!!!!!!!!!!!!:D

 

Barclays prelim £1973 7th Jan

No can do letter 14/1/07

LBA 16/1/07'

part offer received and refused 1/2/07

N1 issued 15/2/07

letter received re defence - they have till 22/3/07

Defence received - 25/3/07

AQ received to be back by 11/4/07:-(

 

Lloyds TSB trustcard S.A.R - 12th Jan

claim for £126 prelim 12/2/07

sod off letter recd.

LBA 17/3/07

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Hi, Papyro

 

Just a quickie, as I'm off to bed, now.

 

My suggestion is to proceed with defence and counterclaim.

 

First - have you acknowledged the claim? If you ahve, it gives you 28 days in total to file your defence.

 

You'll have to modify the wording in the N1 in the templates and include stuff about rejecting and refuting. It's probably worth scouting around the site to see what sort of defences the banks have been submitting. When you find good-looking ones, rip them off with gusto!

 

Go into the Courts Service website and look up Civil Procedure Rules - CPR. Make sure A&L's claim conforms with the letter of CPR, section 15 (I think - it's about the claim) in particular.

 

Are A&L claiming through small claims or another route?

 

It seems to be an interesting new tactic by A&L - to go aggressive and, presumably, to hope to frighten the less well-informed off.

 

Revisit tomorrow.

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Hi wez1211

 

The Tonight program (with Trevor McDoughnut) have been in contact with one or two members of another forum that I belong to and I think it would be highly appropriate for you to contact them given the FOS's decision on your case. Here is a copy of the email sent:

Hi,

 

I work at ITV and we're making another programme on bank charges for Tonight with Trevor McDonald. We interviewed Stephen Hone for our programme last year and we're really keen to revisit the subject.

 

Obviously thousands of people have been making successful claims since last year, but the bank's tactics do seem to be changing slightly. We are very interested in talking to someone who's had their account closed after a successful claim.

 

I'd love to have a quick chat with you about your situation. You can email me:

 

[email protected] or I can be reached on my office number (020) 7316 6445.

 

Thanks,

 

Tom

I'm sure Tom would love to hear from you. :)

 

....and anyone else of course.

 

Cheers.

 

 

ps. Is there any chance that Admin can change my user name please?

I miss spelt it when I registered. :rolleyes: It should read Slimline. Thanks.

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Brilliant!!! Its nice to see they're on the ball. I'll look forward to that. :cool:

 

BTW What does everyone think about using the same argument ie that its retaliatory and punitive when an overdraft facility is removed because someone has reclaimed their charges?

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Complaint now on its way to Nationwide with copies of the required letters. It really does pay to send everything recorded and only deal by letter...

 

Lets see what happens.

Nationwide paid back my charges claimed but included in letter that they give me 30days notice and will close my account unless I agree to abide by their terms and conditons and won't be making any more such refunds.

I have given them the final decision letter but they said sorry we are sticking by what we say. You see I owe money on my card and if I do not accept terms and conditions, they will send debt collectors in as they have in some cases and put a default in your records which last 6 yrs. I am now in a dilema. Think I will accept and pay off as quickly as I can and close account.

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Interesting thought Slimline, certainly retaliatory but I feel banks would have more defence in these situations. As they could just say it was due to credit history, review of lending policy etc. There are t&c's to a bank account but as I understand there are extra conditions for borrowing, at the end of the day it is the banks money and they have discretion to withdraw the facility at any time subject to notice. Basically would be much harder to demonstrate to FOS that withdrawal of borrowing a retaliation/punitive.

 

Also on a general note re FOS I dont think the banks are going to stop closing accounts because of this decision...yet. Therefore quoting the decision in an effort to prevent closure of the account is not going to work, as the bank is still entitled to do this, albeit using very spurious reasons. Much better to move your banking elsewhere after bank charge reclaim. After all the FOS wont be able to issue further decisions if the account remains open. Also in the grand scheme of things and being asked to compensate me £125 hasnt exactly brought them to their knees - they are still making millions even with all the reclaims etc.

 

That said when the account is closed, complain and take it to the FOS and get them to rule on it. Only with more and more decisions like mine from the FOS will there be pressure on banks to change their ways.

 

At the moment there is only 1! and the banks are hoping it wont be repeated.

 

Wez1211

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Excellent stuff - I ahdn't read this before, but I think it safe to say I will be contacting them about the Nationwide who notified me that they would pay my few thousand pounds but close my account in the process.

 

Oh well, that'll give me something to moan about well towards Easter!!!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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Hi there,

just stumbled across this thread.I recently asked First direct to refund charges, which they, after a lot of secure messaging back and forth, at last have done.ut their last message to me was following:

 

well, now i just been informed that they try to charge me another £30 in unauthorised O/D charges, because it took them a week to put the money back into my account, and by then ,of course, the new statement date has passed.

Any advice on what i could do? I don't want them to close my account as i have £500 O/D and won't be able to pay it all back in one go.

Thanks in advance for any advice given.

 

Hi I got the same letter from the Co-op, but I just can't risk my bank account getting closed, I have a crappy credit rating and wouldn't be able to get another, and am in my O/D. Even if I wanted to bank with a less ethical instituion (Yeah, because excessive charging and intimidation is 'ethical') I couldn't.

 

So my quesiton is, is there a way around this, has anyone sent a letter to their bank citing the ombudsman's ruling, and would it make a difference? £120 to get rid of a problem customer is hardly going to break the bank, is it?

 

That was a crappy pun, apologies.

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Ah duh,

 

someone has cited the ruling, I meant specifically to smile or Coop? Also, I wrote to them saying I was undergoing financial difficulty, to which I had no response, but as I understand it the banking code specifies in section 14 that banks should behave reasonably toward customers in dire straights.

 

http://www.bankingcode.org.uk/pdfdocs/BANKING%20CODE.pdf

 

I'm pretty sure that closing someone's account, who is in financial strife, and who has no hope of gaining another bank account, is NOT being very helpful. I will write a complaint, citing the FOS ruling, and section 14 of the Code, but with resevations. Has anyone had positive reponses from this line of action?

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You are effectively pleading for leniency and banks have no obligation in this regard. Its a business relationship after all and you have reclaimed charges from them and so I would assume for the time being that your account will closed and make efforts to sort yourself out. In the meantime write the letter citing the FOS decision and see what happens but you cant rely on leniency of bank.

 

1. set up new account asap. there are banks that offer basic accounts for people on income support etc. Also there is the post office

 

2. contact the bank and get a repayment plan agreed for the overdraft, one that is affordable to you. If you dont they may well go down default/debt collection route.

 

Be proactive, not reactive.

 

Best of luck, wez1211

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