Jump to content


  • Tweets

  • Posts

    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

LLoyds PPI and bank charges court claims issued


Gary67
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6138 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

Hi Gary,

 

Where did you file the claims, just out of interest, was it MCOL or local court? And did you remove reference to the consumer regs in the business POC?

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.

Link to post
Share on other sites

  • Replies 76
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Actually went to the local court and delivered by hand.

 

No, didn't remove the consumer regs part from my poc, even though took great care with the LBA, I had already noticed this and I am going to the court next week to change it. I think this will cost me £35.00, don't know how I let it slip through like that.

 

My guess is, my local court is the same as yours!!

Link to post
Share on other sites

Swindon then I take it? They're very good actually, under-staffed but the clerks are exceptionally friendly and helpful. Judges are fairly conservative with their orders though, so don't get your hopes up too high for an abuse of process strike out or anything like that!

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.

Link to post
Share on other sites

Although I have now claimed on 5 accounts and have 3 court cases pending I am now claiming for my partner and am just writing yet another SAR.

 

While reading this I noticed that on the SAR request it actually states that I will be reclaiming the £10 charge if I decide to take action, so far on my claims I have failed to do this and my guess is so have an awful lot of others.

 

Just a thought, but it's another tenner!!! ( or in my case 50 quid!! lost ).

Link to post
Share on other sites

Agreed-it is not a charge that has been levied by the bank so as such it is not reclaimable.

 

But if you get your money back with 8% interest on top, then surely that more than makes up for the initial DPA charge!

PPMAN159

 

If this comment has helped please click on the scales.

Link to post
Share on other sites

BUT, if the charges weren't illegelly taken in the first place then we wouldn't all be sending for this information. Therefore it becomes part of the problem and IS claimable.

Link to post
Share on other sites

The £10 charge is one that, although levied by the individual data provider (in these cases the individual banks), is regulated by statute and is a bona fide imposition. As such it is legitimately being charged by banks for providing, effectively, duplicates of information you will already have received from them in the form of bank statements etc.

 

Many claims against the banks will, of course, be proceeding on the basis of retained bank statements without the need for the DPA information being requested.

 

John

Link to post
Share on other sites

Oddly enough I do agree, I just noticed that part of the SAR letter states that the £10 charge will be claimed back.

 

Perhaps it should be removed from the template letters if it serves no purpose.

 

(

PPMAN159We will agree to disagree.

 

:o reminds me of my ex wife, I once replied "no, because I'm right" and NEVER lived it down, I think it was about this time we realised we couldn't even agree to disagree and split up;) "

Link to post
Share on other sites

surely , bearing in mind that the banks do not wish to see the inside of a court room you could insist they pay the ten pound charge for the SAR as its a cost that you incur on the road to reclaiming your bank charges.if they didnt take the money for unlawful charges in the first place then we wouldnt need to use the SAR and as they wont want to go to court they are surely gonna pay

Link to post
Share on other sites

hi PPMAN159,

 

it was just a thought, as we have seen the banks fold at the last hurdle so why not take the opportunity to get an extra tenner. its gotta be worth a try at least.

 

tenners better in my pocket than theirs after all :D

 

regards

 

paul

Link to post
Share on other sites

Hi Paul

 

£10 is only £10 and, as you say, it might just slip through the settlement "net" at the end of the day. However, I think what we are all about is making a legitimate claim for those charges which are arguably unlawful and should never have been deducted in the first place. It is not for the defending bank to unreservedly be paying for all the costs you may have incurred in bringing the matter to Court?

 

John

Link to post
Share on other sites

It is not for the defending bank to unreservedly be paying for all the costs you may have incurred in bringing the matter to Court?

 

John

 

But they never get to court, if the banks paid up straight away they would save court costs & interest, and themselves a fortune into the bargain.

 

The point to this thread was to clarify what is written in the SAR, and I can see both sides, one, we only want our money back and two, we don't want to be seen to be a tight greedy bunch.

 

BUT, do the banks care about us when bouncing a £10 cheque and charging £35 for doing so?? It is a tough one that is probably split 50/50 as to whether it should be reclaimed or not.

Link to post
Share on other sites

HI,

 

I have been reading through these threads, very interesting. I would just like to say that as was pointed out that SAR template it does state that you would claim back the 10.00. I just wanted to say that many people include this fee in their claim and get it back ( I have included in all my claims)

As it has been pointed out, we would not have to make this request for statements etc if charges had not been added to the accounts. Also you will notice that many banks in fact are returning the 10.00 and passing on the info that you want for free............

I included the 10.00 SAR fee on the spreadsheet after the total of all bank charges., and then gave an overall total.

It also makes a big difference to people who are only claiming back a small amount but have had to pay this money to get the details:rolleyes:

 

I suppose at the end of the day it is up to the individual, but if you claim back the 10.00 and you win your claim, this 10.00 is paid back within the settlement.

 

Good Luck:razz:

Link to post
Share on other sites

On my SAR template it didnt include the fact that I would reclaim the £10 charge but I will include it in my costs.

 

Also, the £10 is the MAXIMUM charge and Lloyds are perfectly happy to charge as much as they can and take this from us even though some banks are giving us our requested info for free...

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

Link to post
Share on other sites

Lloyds filed Acknowledgement of Service 17th April indicating they intend to defend the whole claim, thus giving them another 28 days to file a defence.

 

AND in the same post a letter from Andover updating me on my complaint, this is the standard 'we told you four weeks ago we would look into your complaint and get back to you in the next four weeks, this letter is to tell you we are no further forward and we'll get back to you in the next four weeks' it then thanks me for my continuing patience.

 

 

I'll await my next two Acknowledgement of Service's in the next few days then and continue waiting patiently :rolleyes: .

Link to post
Share on other sites

They have 28 days from the deemed date of service, not the Acknowledgement of Service.

 

Anyway these should help you complete the AQ which is the next stage, New Strategy really a must now:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

.

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites

that's the reply I got, do I send my court papers to Andover or the Leeds one I have been using. This letter I got came from Andover.

Claiming against Lloyds TSB:

sent prelim rec delivery 21.03.2007

claiming £1741.06 on one account and £807.53 on another!!!!!!

We live in hope!:lol: :lol:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...