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    • Hi, where do I find the standard sticky please, I’ve looked but I think I am missing it 🙄
    • Hi Rei and thanks for the update.   Your post confirms what we're telling folk all the time - Harlands/CRS, Zinc and their pet "solicitors" continue to make demands but they fail to do anything substantial to back up their threats.   Hence our continuing advice to NOT respond to demands by letter, email or phone, because they'll do nothing that will affect your credit rating, or that will force you to pay.  
    • Hi GHL and welcome to CAG   You now have your own thread to use from here on ( to avoid hijacking someone else's thread where you first posted).   I assume there were 2 separate m/ships and not a joint m/ship, but please confirm.   I hope you've read other threads here which should help you understand how Harlands/CRS operate. They use every opportunity to make far more money from missed payments and penalty fees, than what they make from taking a percentage fee from ongoing monthly gym fees.   Yours was a rolling monthly m/ship so you only needed to give them notice to quit but there was no minimum 12 month term. Hence all you owe them is £19.99 each.   Write a letter to Harlands, each of you :- 1. Offering to pay the £19.99 for the notice period you failed to give 2. Offer valid for 14 days only. 3. Offer withdrawn if they fail to accept, or if they demand any higher amount.   Post a draft of your letter here first so we can check it.    Letter(s) should be sent from the PO and get a free Certificate of Posting from the PO Counter.  
    • King I fully understand the mother was living there on her own and only one named on the tenancy agreement.   As for your comment that after informed of the passing in a few days they pack tenants belongings and store them and change the locks this I completely disagree with.   In my are the different HA (and there are many) in a scenario like this will:   Communicate with the executor/family member once informed of bereavement informing them of any succession rights, property to be handed back ( 28 days on being informed of above) if unable to must notify the HA to ask for an extension.   After the 28 days if no contact the HA will then follow its Abandonment Policy.   If contact made after 28 days and no extension has been granted HA will then go to court to claim property back.   Once this is done and no contact off to court to claim property back only then will the enter the property unless in an emergency or legally required i.e. gas safety inspection even then may need to go to court for that to get access.      
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LloydsTSB's initial defence

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Hi - I'm new to this forum and am claiming a modest £100 in overdraft excess fees. I sent a letter to Lloyds TSB citing the Unfair Terms in Consumer Contracts Regulations 1999 Schedule 2 (e). The letter I sent was based on a template provided by Penalty Charges UK - Fighting your Corner for FREE. I received the following reply:

 

"The fees we charge for dealing with your request to go over your agreed overdraft limit are not default charges because you haven't broken your agreement...".

 

Presumably they are trying to tell me that their fees are not penalty charges; they are service charges (though I can't see how an automated letter can cost this much). As such, my legal recourse fails because it doesn't cover service charges. So now I'm stumped - they have simply re-branded their fees so that they now 'appear' legal.

 

I didn't see that coming. Has anyone else had any similar experiences? If so, is there a specific direction I can now take? I've scanned these fora for similar threads to this, but couldn't find any - so I apologise if I've missed something obvious.

 

Any help would be greatly appreciated.

 

Cheers, Andy.

 

 

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Hi Andy and Welcome:)

I'm not familiar with the Penaltycharges Website, but as you have already sent them one letter, I would send them the Letter Before Action next:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

This gives them 14 days, and then you need to start the Court claim.

 

Good luck, if you have any questions, please ask.

Barty:)


I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Hi - I'm new to this forum and am claiming a modest £100 in overdraft excess fees. I sent a letter to Lloyds TSB citing the Unfair Terms in Consumer Contracts Regulations 1999 Schedule 2 (e). The letter I sent was based on a template provided by Penalty Charges UK - Fighting your Corner for FREE. I received the following reply:

 

"The fees we charge for dealing with your request to go over your agreed overdraft limit are not default charges because you haven't broken your agreement...".

 

Presumably they are trying to tell me that their fees are not penalty charges; they are service charges (though I can't see how an automated letter can cost this much). As such, my legal recourse fails because it doesn't cover service charges. So now I'm stumped - they have simply re-branded their fees so that they now 'appear' legal.

 

I didn't see that coming. Has anyone else had any similar experiences? If so, is there a specific direction I can now take? I've scanned these fora for similar threads to this, but couldn't find any - so I apologise if I've missed something obvious.

 

Any help would be greatly appreciated.

 

Cheers, Andy.

 

 

 

Hi there,

 

I recieved the same letter yesterday. Good to know its just standard waffle and they are simply trying to wriggle there way out of it......let um try, but they know that be it a charge or fee it is unlawful.

 

Read my thread. I was a little concerned also as most of my charges are over overdraft 'fee's'.

 

:p


If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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HAVE A READ OF SECTION 4.21 OFT REPORT BELOW

 

4.21 Disguised Penalties

The analysis in this statement is in terms of explicit, transparent default fees. Attempts to restructure accounts in order to present events of default spuriously as additional services for which a charge may be made should be viewed as disguised penalties and equally open to challenge where grounds of unfairness exist. (For example, a charge for ‘agreeing’ or ‘allowing’ a customer to exceed a credit limit is no different from a customers default in exceeding a credit limit.) The UTCCR’s are concerned with the intentions and effects of terms, not just their mechanism.

So stick that in yer pipe n smoke it Lloyds TSB ! :D


If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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Cool - thank you, Barty and Curlychic. I'll probably send the 'letter before action' next, but that presupposes an actual penalty charge - which they are claiming not to have charged me. Should I modify the letter to draw their attention to the OFT report?

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You can mention it if you like - but there isn't really any need to. They probably don't even read our letters anyway!


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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