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    • I have a section 75 I started on the same day as the MCOL. You might think it strange to do both but I have zero faith in my bank, Santander take 3 months to process a S75 and so far rejected two other claims due to a force majeure clause, something the EU and UK government have said the pandemic is not. Both these claims are now with the FOS but the ombudsman's is currently working to a 4 month delay.   I really take another case taking 7 months to conclude, it's soul destroying.
    • Have you called the credit card company and tried to initiate a charge back?
    • 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. 
    • After seemingly purchasing groceries online via tesco.com I arrived at the click and collect point to find the cost of the goods had increased by 15%.   Price offered at checkout £150, price charged on collection of goods £172.50.   Customer service decline to refund the difference and insist what was indicated at the time of purchase was a "guide price", I maintain had this been obvious I would have made a difference transactional decision.   References to the Consumer Protection from Unfair Trading Regulations Act 2008 seem to be unpursuasive.   Perhaps someone else has a similar experience or knows a more effective lever?
    • Hi all, Hope someone can assist me as I feel a bit out of my depth.   Sorry for a long post in advance, it's probably best to set the scene as full as possible. We purchased 2 flights to Canada and returning to the UK from San Diego, the flights were with American Airlines (operated by BA) but importantly, booked through a travel agent budgetAir.co.uk on 9th January 2020.   BudgetAir’s first failure was to inform us that part of the flight was cancelled but after we discovered this from the airline and drew it to their attention, there were no suitable alternatives available so they agreed to refund the cost on 20th August.   EU law says they have to refund me within 7 days of a cancellation but obviously with the pandemic and they having to get the money back from the airline it’s reasonable to wait longer. The problem here is they keep telling me to be patient but American Airlines keep telling me that nobody has asked for a refund yet. Just for clarification I keep asking American Airlines as other people in a group I belong to have been waiting since February/March with no refunds.   On 26th September I sent BudgetAir a “notice before action” giving them 7 days to either refund me or for us to agree a mutually agreeable future date for a refund. On 5th October I started a MCOL which was issued the following day on 6th October. On 26th October I requested a default judgement which was issued today 18th October.   Two things concern me: 1, BudgetAir are a part of Travix International B.V in Amsterdam, BudgetAir are not listed as a Limited company in the UK, BudgetAir.co.uk is a trading name of Travix International B.V they use in the United Kingdom. This is the only UK address they provide anywhere on their documentation, this also explains a little more of the company structure: https://www.budgetair.co.uk/about I’m concerned I have used the right company name on the MCOL but it’s the only name they trade with I the UK.   2, My second concern is the address, I believe the London address may be no more than a postal address and will not give high court bailiffs any ability to recover goods. With the above thoughts, I don’t know how to proceed now I have got a judgement, assuming they don’t pay. My only option could be a 'third-party debt order' but I don’t know how to get any bank details, I paid my credit card and have no information (nor can I find online) about their banks.   Any thoughts would be gratefully received, Many thanks Anthony.
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Miss Muppet v Abbey


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If you're interested just thought I'd let you know my progress with Grabby Bank. As you know have started court action against Abbey, the claim was started on 8th Feb but deemed to have been served 13th, it will be two weeks on the 27th and as far as aware no defence, so on to the next stage! Got letter to-day which advised me that my account has been reviewed today and despite previous communications remains seriously overdue and a restriction has been placed on my account which means no further transactions will be authorised (as if I was planning on any!) Just goes to show their level of inefficiency. Apparently they don't know they are being sued for the return of the penalties.

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If you're interested just thought I'd let you know my progress with Grabby Bank. As you know have started court action against Abbey, the claim was started on 8th Feb but deemed to have been served 13th, it will be two weeks on the 27th and as far as aware no defence, so on to the next stage! Got letter to-day which advised me that my account has been reviewed today and despite previous communications remains seriously overdue and a restriction has been placed on my account which means no further transactions will be authorised (as if I was planning on any!) Just goes to show their level of inefficiency. Apparently they don't know they are being sued for the return of the penalties.

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They did the exact same thing to me. I even phoned them and told them, and they knew nothing of it and stuck to their guns.

 

Well, they learned in the end - of sorts - I got my money back plus interest.

 

STAND UP TO THESE SCHOOL PLAYGROUND BULLIES!!! (well, you are!)

<font face=arial size=1>Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.</font>

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They did the exact same thing to me. I even phoned them and told them, and they knew nothing of it and stuck to their guns.

 

Well, they learned in the end - of sorts - I got my money back plus interest.

 

STAND UP TO THESE SCHOOL PLAYGROUND BULLIES!!! (well, you are!)

<font face=arial size=1>Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.</font>

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Ta very much Lee & Dave,yes, I am a sad person who has to get up early to go to work on a Saturday so thought I'd reply. Hadn't thought about the cost of their automated letter, its a good point, yes they are school play ground bullies but as Dave says they'll have to go on the rehabilitation programme and learn the error of their ways. Gonna ask the court to enter judgement on the 28th, thats giving them an extra day, aren't I kind? Keep trying with the ciggies Dave, the husband of a friend was such an addict that his wife refused to go on long haul flights with him because he was a nightmare without the cigs but he went cold turkey and is still off the weed and feels much better for it.

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Ta very much Lee & Dave,yes, I am a sad person who has to get up early to go to work on a Saturday so thought I'd reply. Hadn't thought about the cost of their automated letter, its a good point, yes they are school play ground bullies but as Dave says they'll have to go on the rehabilitation programme and learn the error of their ways. Gonna ask the court to enter judgement on the 28th, thats giving them an extra day, aren't I kind? Keep trying with the ciggies Dave, the husband of a friend was such an addict that his wife refused to go on long haul flights with him because he was a nightmare without the cigs but he went cold turkey and is still off the weed and feels much better for it.

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Hi y'all, well just thought I would let you know the latest offering from Grabby (Bank Fodder has the copy of their lovely letter and may like to share the contents with you) but basically it says they will refund £529.74 although they do not agree that these are penalties. They will do this because (if you believe them- yeah right!) they are a bunch of banking philanthropists only refunding the penalties out of the kindness of their stony hearts. Took advice from the outset from bankchargeshell group who said in reply to my idea that the above could prove that as their contract involved these illegal charges it could mean the contract is unfair that it was possible but difficult in practice and I could let them take me to court for the remainder then put this arguement to the court and probably get some sympathy but probably best to offer them an affordable monthly payment however I see from your FAQ's that I could make removing the default part of the conditions otherwise I proceed to court on the original penalty charges, their time for putting in a defence would have been 27th Feb and got the letter on 25th as predicted! Got any advice anyone?

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The letter which I have seen from you shows me that they are not offring a sum and asking you if you agree. Instead it says that they are paying you what you want - but they are closing your account etc.

 

If the amount is what you claimed then I am afraid that yo have no option but not to proceed to ask for a judgement.

They will easliy set it aside on the basis that the cause of action no longer exists and you could even become liable for some costs as you will have forced the matter into court unnecesarily.

If what they are paying you is less than you have asked then including costs and interest then you should ask for judgment.

 

As far as asking for the default to be removed. You could have done this if you could show that the default was caused by their unlawful charges.

However, if you did not make this an issue at the outset then it would be too late to introduce it now - and also strictly speaking the issue should be included in your claim form - although we shall have to discover how to do this. I imagine that one would have to ask for an injunction.

 

I assume from your post that you have not included the question of the deafult amongst the issues which you originally raised with the Bnak.

I think that this means that you would have to bring an action in defamation. This would be a very tricky and dangerous thing to do at the moment. However if for instance Stephen won his case against the 8 banks then I owuld sertainly recommend everyone who has been defaulted because of unlawful charges to begin defamation actions (depending on the exact outcome, of course).

However, there is only a 1 year limitation period for defamation.

 

I am sorry to say that you may be stuck with the default for the foreseeable future and I am sure that you will feel that it is very unfair - and I would agree.

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yes, you are right didn't ask for the defamation clause because didn't know about it so hopefully Stephen will win his case against the 8 banks in under a year! Yep do think its unfair but lets face it if I had thought it out properly I probably would have paid their charges paid them off and then got the money back although that could have made my life difficult financially. Looks like I will have to trust them,withdraw the case and pay them off albeit slower than they demand!!

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Ask for your credit record. See the libraray for Equifax and Experian

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  • 13 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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Please note that this topic has not had any new posts for the last 5357 days.

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