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    • Hi Selrahc and welcome to CAG   Please be in no hurry to contact X4Less, Harlands or CRS - they can do nothing for now.   Before you do anything, we need more info. Please confirm :-   1. Approx date you joined.   2. Were you told it was a rolling monthly m/ship by a staff member, or a longer minimum contract.   You have no need to reply to any demand from Harlands/CRS so ignore them for now.
    • why don't you have the green slip of the v5c and what do they want it for?  
    • thats pretty crap you can forget other agreement  thats simply a copy from Cabot filing cabinet of a blank agreement from somewhere and THB i seriously doubt even the tickbox one IS enforceable IMHO, not proof of the IP address used etc etc.   you indicated earlier this was taken out during a time of gambling etc?? was your credit file shot with defaults then and you had numerous other loans and debt etc etc   dx
    • Good evening,   I'm yet another person who didn't think before acting when it comes to a gym membership. I've had a read of quite a few threads before joining so I'm not exactly worried as I see the majority outcome is overwhelmingly positive from the members here, but I hope it's okay that I could seek some personal advice regarding dealing with Harlands myself?   I assumed that "no contract membership, no ties, cancel any time, no joining fee" meant I could cancel my direct debit through my banking app within my first month if I decide I don't like the gym (which I didn't) and absolutely nothing would come of it, I just wouldn't be able to get in the gym anymore. So I cancelled it a couple of days before my second payment was due, which I now see was a stupid thing to do.   After already cancelling my DD I then thought I'd better cancel it on X4L's website as well. Turns out "no ties, cancel any time" should actually read "30 day minimum cancellation window requiring two further payments". As they said my final payment would not infact be due 24th October, but instead be 24th November, even though when I cancelled my membership through the website, the 24th November was OUTSIDE of their 30 day cancellation window. Since I cancelled my DD during my first month without telling the gym and awaiting their cancellation window (which seems like such a scam when you read "no ties, cancel any time") it meant that my payment due 24th October bounced.   I feel extra foolish by the way, because I was certain I took a screenshot of my cancellation notice but cannot find proof of it anywhere, so I really hope that doesn't come back to bite me either.   Anyway as of today I began recieving text messages (which I cannot block - if someone could advise on that, that would be great!) and they also sent me this email:     And that letter reads:     I am well aware that from this point I will need to offer to at least pay the £14.99 for the bounced payment, which I am more than happy to do. I'm just worried that I'm also going to have to owe them £14.99 for November (despite it being outside of their 30 day window). I was just wondering at this stage do I send a letter to Harlands offering to pay the bounced payment but say I will not be paying the admin fee, and give them 14 days to accept that offer? And should I also send a letter to X4L explaining the situation, and ask for their pursuasion in getting Harlands to accept my offer?   Many thanks in advance to whoever responds, hope you can help a fool out!
    • 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.
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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.
       
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    • 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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Claiming on a Business account? Lets join forces?


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I wrote to my MP who passed this to the Parliamentary Ombudsman.

 

Who's the parliamentary ombudsman and what can they do?

 

I had many irrational decisions between 2007-2008 and lost thousands in refunds i should have received from the banks but where the adjudicators made the wrong decision.

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Who's the parliamentary ombudsman and what can they do?

 

 

Don't get excited, tifo.

 

Welcome

 

Look at 'What we can't help with'

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Look at 'What we can't help with'

 

Els

 

I don't see the FOS listed as one of the 'can't help with' organisations ... but is it a private company or a public body (it seems to be both).

 

I wrote to my MP who passed this to the Parliamentary Ombudsman.

 

Who did the MP pass to the Ombudsman? The FOS or the bank?

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  • 2 weeks later...
I don't see the FOS listed as one of the 'can't help with' organisations ... but is it a private company or a public body (it seems to be both).

 

 

 

Who did the MP pass to the Ombudsman? The FOS or the bank?

 

The Parliamentary Ombudsman looks at whether the FOS Ombudsman did the right thing and looks at the case as well. As far as i can remember.

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  • 2 weeks later...

Quick update - sent further letter to FOS stating why I did not agree with his decision. Received letter back saying his decision remains unchanged, however they have since received correspondence from Nat West stating that they object to the complaint being considered due to the fact that it is out of the 6 year time span and that the fos cannot consider it as it is not within the 6 year timespan! They say that this rule is not governed by any previous court hearing or the statute of limitations, but by the Financial Services and Markets Act 2000.

 

I dont understand, are the rules different for PPI claims, as I have had a couple of complaints dealt with by the FOS that were pre six years, and I have a few more with the FOS at the moment. The FOS seems to be full of differing opinions.

 

Tink

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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I dont understand, are the rules different for PPI claims, as I have had a couple of complaints dealt with by the FOS that were pre six years, and I have a few more with the FOS at the moment. The FOS seems to be full of differing opinions.

 

It depends on the bank and the FOS, who both work together.

 

There is a 6 year limit unless the bank misrepresented the facts to you and clearly with bank charges they did. So the limit to claim starts from when you discovered the misrepresentation. I haven't yet been able to figure out why we can only go back 6 years as the bank holds documents for almost forever.

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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So if the FOS option is out of the window for me the only option would be court, but until there is a steadfast legal argument concerning business account charges I think I would be on very dodgy ground, especially with the claim being in the region of £23,000! and I simply havent got the money to throw at this with the very real possibility of losing. I feel absolutely gutted because winning this claim could have really changed things for us, but hey-ho at least I feel that I have given it my best shot and you never know maybe sometime in the future there may be something come up that gives a very real possibility of winning, in which case if there are any "guests" reading this, I havent drawn a line under this and the interest continues to rise!!! while I wait. (unpatiently)

 

Tink

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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  • 3 months later...

Can you elaborate ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 3 weeks later...

Though slightly off topic, has anyone had a look at myleasecheck.com ?

 

Seems to be a different route for businesses having a go at lenders and with current caselaw finding in favour of the business worth a shot

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  • 6 months later...
  • 1 month later...

Hi,

My partner has huge problems with Nat West bank. The charges and charges almost every day something!

Do you have templates of letter to claim that charges? This is limited company.

I do understand that interest cannot be claimed back unless it is on fees?

My partners company is really suffering because of bank charges and recently got charged twice overdraft arrangement fee...

I do understand I cannot do nothing but as the company is my partners I know he can...

Any help?? Please

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Hi Monseedin,

 

Gaz is right - the only default charges you can get refunded are those relating to personal Credit Card or Loan Accounts.

 

Bank account charges are no longer reclaimable - whether they relate to a personal bank a/c, a business bank a/c or a Ltd Co bank a/c.

 

The only exception might be if you have personal bank account charges while you are suffering Financial Hardship - you can still attempt to reclaim these.

 

:-)

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Does it mean he can't do nothing about his business credit cards either?

:(

The charge that he got (overdraft arrangement fee) was taken twice, not like normally once a year, without any letter or information or even phone call saying it will be taken out second time.... When he talked to bank manager he just said they had to do more work so they charged him... Does it mean banks can do whatever they really want with business accounts???

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Hi Monseedin,

 

Gaz is right - the only default charges you can get refunded are those relating to personal Credit Card or Loan Accounts.

 

Bank account charges are no longer reclaimable - whether they relate to a personal bank a/c, a business bank a/c or a Ltd Co bank a/c.

 

The only exception might be if you have personal bank account charges while you are suffering Financial Hardship - you can still attempt to reclaim these.

 

:-)

 

Slick

 

I think you're jumping the gun - the issue of reclaiming unfair personal overdraft charges is far from over - even the SC (unusually) left the door open on this!.

 

However the Banks are typically no longer making any repayments on hardship grounds since they also are wrongly quoting the SC verdict to mislead everyone.

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Yes agreed,for loans and accounts that have issues fall under CCA,then there are still avenues to pursue.

There is also unfair relationship,and unfair business practices to look at as well.

Much of the problems in the past which have frustrated business account customers from challenging,is that the banks and their legal teams have insisted that protective consumer regulatory statute,and guidance,is not relevant to business users since they do not fall within the meaning of a consumer.

I think business users should focus on clearly identifying those actions taken by the bank which have been unfair,have had an adverse effect on the business ability to trade,have led to situations where the business owners have suffered personally,etc etc.

For example;if the bank cancelled a direct debit which then meant business tax going unpaid,resulting in the Council taking enforcement action.

The bank taking charges which meant that amounts due to card transaction point of sale providers failing to be paid...sometimes these providers will remove their services -meaning that a trader then has no way to process card payments...ultimately having a devastating effect on business.

It is things like this that need to be looked at,rather than just making a complaint to the actual charges.

How has the bank responded when a complaint has been made ?

Has everything they have done been by the codes and standards ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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You see the only query my partner did was to bank manager...

It seemed pointless talking to him as the only thing he always says is: "I will see what I can do about it" and then he never does anything! :mad2:

The bank situation is effecting business very much recently and this is 2 people company only so it does effect us personally too.

Do you think on these basis he could claim the money back??

Thanks

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Martin,

What about the scenario that by taking bank charges, it put you in a situation where supplier cheques went unpaid, therefore we were put on stop, this happened to us more than a few times.

Also our overdraft facility was kept at a limit where it was impossible for us to run the business and we were advised when we changed banks that a business with the amount of turnover we had should have a much higher od.

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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Martin,

What about the scenario that by taking bank charges, it put you in a situation where supplier cheques went unpaid, therefore we were put on stop, this happened to us more than a few times.

Also our overdraft facility was kept at a limit where it was impossible for us to run the business and we were advised when we changed banks that a business with the amount of turnover we had should have a much higher od.

 

 

Yes this is certainly a good example of an unfair relationship,and demonstrates a breach of fiduciary duties.

Andrew Smith certainly did not look at any business bank account terms and conditions in the Test Case,whilst it is perhaps the case that they can argue the conclusion as regards charges not being penalties under common law or UTCC,apply to business accounts,the processes and ability to address a default before the bank takes its charges were materially different.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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It seemed pointless talking to him as the only thing he always says is: "I will see what I can do about it" and then he never does anything!

The trouble here, as always, is that you need to confront the Business Mgr and challenge why they are taking O/D Arrangement fees that were not agreed in advance.

 

But in doing so, you risk them withdrawing the facility if they feel like it.

 

You really need to improve the relationship with the BM if you can. Show that you're willing to stand up for yourselves and not be used as a random fee earner. If he won't agree to refund the double O/D fee taken, maybe consider moving the a/c elsewhere where you can get fees agreed in advance.

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Martin,

Does this actually mean that my complaint is not dead in the water then. I have gone done every avenue except court - even hardship with the FOS and they found in favour of the bank.

This would be extremely good news for us as in a dire situation at the mo.

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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Hi Tink-can you give me links to any threads ref this ?

Are we talking about a business account here-and is it open or closed ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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