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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      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.

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Scottish girl v LloydTsb


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Looks like they are trying to look good to the FOS by way of part payment, this wont work they will need to pay up or show their costings to justify such a charge, keep at em.

 

From what I understand, the FOS will look at the issue of what steps everyone has taken to reach a resolution before you went to them with your complaint.

 

You might want to consider being reasonable back to the bank, thanking them but referring to the impact on you and yours. If you have faced any difficulties with them ie delays or that incident on Friday, then put that in the letter to the bank. The FOS will then see that and wonder what has been happening. Might work to your advantage when FOS considering the case.

 

The above quote from Bigmac seems spot on to me!!

 

Other comments??

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Hi Kenny

 

I think I understand where you are coming from, this would be great in an ideal world, where institutions have morals and values, but this is not the case. Don't you think at some point while accruing these charges people have not tried to appeal to their banks to be reasonable through these difficult times, it more often than not did not work, I find it funny that we now have to try to be reasonable to the bank in the one case where we get to hold them accountable for their actions. We have afforded them the chance to be reasonable, with prelim letter and LBA's but they still refuse to relent and fight all the way.

 

I have let the FOS know, that the bank did not listen to my appeals for help and infact offered me a loan to pay off my bank charges (some of which were accrued because I could not work due to a debilitating illness), these approaches from me and their offers of loans should be on my files that the bank have and should be forwarded to the FOS, if in an ideal world the bank would let them have them, but that would mean that they could be fully investigated, so they wont be reasonable!

 

With no disrepect intended your post seems a bit naive.

 

Linda

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Hi There Linda, hope all well.:)

 

 

You don't have to do anything and you don't have to be reasonable to the banks!!. You don't need to be reasonable to anyone except yourself and those important to you.

 

I wouldn't expect you to be reasonable to the banks , don't want you to be and I won't be either. I am on your side, we're, in a way, all in this together. Thats what the community is about. In fact, the banks are going to find that I am a not very reasonable type of person, but only in my dealings with them, and until I've got my cheques back.

 

What I was trying to say was that the Bank appears to be trying to put on a reasonable face, possibly for the benefit of the FOS, grasping at straws effecctively as they know they have a fight on. All I was suggesting was that we play them at their own game as we are smarter than them and use it to advantage. They are all running around in a panic. Appear nice to them when we are in fact kicking them where it hurts. Its always nicer that way!!!

 

My experience at the Banks hands, staring down the barrel, is based on many years of them not listening to me and inflicting further damage through refusing to listen and as you say, offering further loans, consolidation etc. It sounds as if you have been through the mill, I know I have. If I was to be frank and say what I think of the financial institutions in plain language I would be barred from the site. I have the scars to prove it.;)

 

What happened in the bank that Friday struck a cord with me and I related to that. It had visions of Dickensian times and shows that some things never really change. (I am now aware that incident related to someone else, but you will have a similar experience). That was no way to treat anyone, and it was disgusting. But then, we know that they don't care, we're not humans, according to them, with feelings and they have the nice corporate frontage, with smiling staff controlled by procedure, profits and computers.

 

My own impression of scouring other threads related to FOS is that they look at what steps have taken place to reach a settlement. That knowledge is limited however as the FOS route is fairly new and there are not many posts on here that demonstrate what happens at FOS. The FOS route is something I am seriously considering.

 

When I said "consider being reasonable back to the bank" it was meant in the manner of be seen to be reasonable, ie play them at their own game. It was just meant as, be devious, leave a footprint and give the impression of being reasonable, which could be demonstrated to your benefit when the FOS invetigates. It was never meant to mean- be reasonable. Of course not!

 

My professional background has in the past included complaints handling, systems/ procedures, quality and accreditation. I have dealt with LA omdubsman service, frequently over years, although not recently. I was putting myself into the role of an FSO and looking at how he would view a case. I know they adhere to the regs, etc. What I had suggested to you was that by writing to the bank and refusing their offers you mention what happened that particular Friday. It demonstrates how incredibly insensitive they are. The FOS will have all of the financial details, but they have not had the personal side slammed down their throat. Be cute about things, that's my way, but with purpose and attitude- working to the agenda. The FOS would then have that vision of you in front of him, only you can give him that vision.

 

I hate them, don't trust them and now that I don't owe them a penny, I want to get them big style because they never treated me as human and cost me big style over many many years.

 

I really hope that this goes well for you.

Sincere best of luck, the Smiling Assasin!!:)

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Hi there lol114 great post.

 

Banks dont care why or how no funds were available for that returned D/D or S/O or how you will feed your family when they have removed most of your wages through their charging regime, they show no remorse or understanding of your situation only that their profits are soaring nearer that target they have to meet. I have been in this position and been told well you should be more carefull with your finances bye, and that gets your blood boiling, tell them what these charges are doing to you (WASTE OF TIME.)

When i joined CAG it was to understand the whole situation regarding charges when i did i felt cheated and angry towards the banks for all the troubled times my family has had to endure and being told to manage our finances better. It is the banks who are in the wrong and as you start to understand more about it you think of all the times the bank has left you high and dry, the strain and the pressures this puts on you and your family.

 

TREAT THE BANKS AS THEY HAVE TREATED YOU OVER THE YEARS.

 

The 8 weeks the banks have to investigate your complaint is set by the FSA and if they dont reply within this timescale then i personally DONT CARE, i wouldnt give them a day longer and no one would expect you too so continue to the FOS when their time is up.

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Hi BigMac

 

Thanks for your words of encouragement. My philosophy in life is treat people the way you want to be treated, and if they dont reciprocate - stuff them..... No more Miss Nice Girl!

 

Linda

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Hi Lol,

 

I am also going down the FOS route with the BOS and I received a reply from the FOS stating that because the bank did not tell me to go to the FOS within the six months period, all that the FOS have done is to send all my papers to the bank and ask them to look again at my claim.

The bank has 8 weeks to reply to me and if again they say no, then the FOS will intervene. ( I think)

It seems that everyone is getting different answers from the FOS depending on their correspondance from they're bank.

My bank said that they where declining my claim, so what I cannot understand, is that as far as I was concerned the bank was giving me a final NO.

Hopefully the bank will come back with an offer and it will all be finished with.

 

Stick to your guns and hopefully you will have a result soon.

 

Lol Eileen:)

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  • 2 weeks later...

Hi all

 

I have today phoned the FOS regarding my claim to find out whether Lloyds have replied to their last letter, they haven't. I then asked if the FOS put a limit on when the should reply by, and was told no, not really.

So now I'm fuming, still dragging their heels. I am considering phoning the bank and complaining, but unsure which number to phone - Andover? or whether to phone at all.

 

Any advice welcome.

 

Linda

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Hi Bigmac

 

Ohhhhh.. I hate it when your right! LOL! Just venting some frustration, I can see the winning post. Your right, so far the FOS have been really good, and the girl did say the minute they get anything from the bank, they don't sit on it, they send us details immediately.

 

So I guess it's just a waiting game.... not very good at waiting!

 

Linda

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Hi there lol114 great post.

 

Banks dont care why or how no funds were available for that returned D/D or S/O or how you will feed your family when they have removed most of your wages through their charging regime, they show no remorse or understanding of your situation only that their profits are soaring nearer that target they have to meet. I have been in this position and been told well you should be more carefull with your finances bye, and that gets your blood boiling, tell them what these charges are doing to you (WASTE OF TIME.)

When i joined CAG it was to understand the whole situation regarding charges when i did i felt cheated and angry towards the banks for all the troubled times my family has had to endure and being told to manage our finances better. It is the banks who are in the wrong and as you start to understand more about it you think of all the times the bank has left you high and dry, the strain and the pressures this puts on you and your family.

 

TREAT THE BANKS AS THEY HAVE TREATED YOU OVER THE YEARS.

 

The 8 weeks the banks have to investigate your complaint is set by the FSA and if they dont reply within this timescale then i personally DONT CARE, i wouldnt give them a day longer and no one would expect you too so continue to the FOS when their time is up.

 

Bigmac:

You have put into words the feelings of many of us here.

 

:cool: Thank you for that! :cool:

 

LOL114:

Any updates yet?

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Hi Everyone

 

I have today recieved a letter from the FOS stating that the bank will settle my claim BUT minus the interest, at £1000 odd, well I'm not having that, have winged at letter back to the FOS asking for the interest and not accepting their final offer.

 

Anything else I could do, please advise.

 

Linda

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Awaiting the FOS response to that - with INTEREST!

 

;) LOL ;)

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Hi

 

I'm not sure I'll get the interest, but I have to try as it is a lot of money, and it may make us on this site understand what the FOS can do and what they can't. To be honest, I was thinking of taking just the charges refund as there is something important I wish to do with it and could do with the money now for that purpose, but in the end I thought it was important to hold them accountable for the interest on this money, so I'll

have to employ more patience in awaiting their response, if I didn't ask I would always wonder whether I would have got it.

 

Linda

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Hi lol,

 

I am waiting with bated breath for your reply from the fos as my interest is just slightly less than yours. I personally think that the banks are just trying it on with us. Why shouldn't we get the interest as they are giving interest to nearly everyone else.

I think that the banks just have to try and reduce the amount somehow, because they are just typically tight fisted people, they hate to give money away but are quite happy to take our money.

 

Good luck.

 

Eileen

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lol114 hi there after reading your latest i would tend to agree with you but remember this.

 

The FOS are now being swamped with complaints and only start an official complaint after the bank refuse to settle to your request, this costs the bank £400 when they officially start to investigate so the banks really want to avoid all this. The FOS obviously dont want the complaints to go down that route due to workload but hey THATS THEIR LOOKOUT, we only want what is fair and the banks had their 8 weeks to settle and didnt so why should WE accept their offer now.

Personally i would contact the bank by phone and reitterate that you are not accepting this offer as it has no interest and that if it is not offered in full then you will return to the FOS again.

Im not saying this will work but it has to be worth a shot as the banks do not want an investigation and the £400 fee then have to pay you anyway. The banks are once again trying to reduce their payouts and will only keep doing these charges only offers if people accept them.

Good luck and keep us updated.

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Hi All

 

I have received a reply from the FOS, it says this matter is now being passed to an adjudicator.

 

Anyone out there able to shed some light on this, what is exactly is the script now.

 

 

Linda

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Hi Linda

 

This is good progress!

 

From what I gather on other threads, the FOS are inundated with cases since this route was first discussed on CAG.

The adjudicator will be your contact with the bank. Remember the FOS have an excellent success rate. Might take some time from the posts I have read but they will be thorough and you will get your money!! You may well get the money direct before then. Heres hoping!

 

Good luck, it won't be long!

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  • 1 month later...

Hi all

 

Have you seen the news, and the above post. Well, this is a bolt out of the blue, there has been no hint of this happening and I find it highly suspicious.

 

 

Linda

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Hi Lol,

 

Did you ever receive an offer from your bank.

I should have received an offer from my bank any day now, now I know why they haven't written. They knew that this case was in the offing.

I think that by reading all the other threads that the fos is also suspending all they're cases. Crappy or what.

 

Eileen

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Hi Eileen

 

Yes I did receive an offer from bank through FOS but without the interest, and I requested the interest.

 

I did feel a little bit of regret, but i have to believe everything will work out alright in the end, I feel we have right on our side.

 

I thought that money was gone, and I have not yet lost hope.

 

lets keep fighting.

 

Linda

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Hi everyone

 

Just thinking over today's announcement. Do you think it is likely that they will decide that, like credit cards they will set a charge of £12. If this is this case then surely, we could claim back charges for the life of our banks accounts instead of 5/6 years period, and they would have to give us it voluntarily instead of us having to go to court, FOS etc.

 

Just wondering.

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