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    • Vollah - Fill me in and send SAE & Email the below;       Jes is big boss. Matt is head of UK Retail Banking. Michael is head of Compliance and will have a vested interest to resolve this for you as Barclays havent been compliant.    Caroline is head of the FOS - She should also be notified so it gets filtered down to her lower teams.    You are done messing around at this point. However do NOT send this unless you are prepared to go Legal on it. Barclays LOC.docx
    • she  has just shown me the loan agreement  and the company is regulated, all laid out      decide on the best value. The APR takes into account interest as well as fees and charges. TYPICAL APR: A "typical" APR is the APR offered to two-thirds (7.8%) of borrowers. The actual APR you are charged is subject to status so you might not qualify for the typical APR The lender will assess your circumstances, such as your income, how much you can afford to repay, the relative security of your job, whether you're on the electoral roll and your credit history. CENTRAL LOAN typical APRs are as follows: Secured loans – typical 2.82% - 5.62% APR FIXED Unsecured loans – typical 5.60% - 17.60% APR FIXED Undertaking:   I told her to sort it out herself as got enough to do myself, sorry
    • I'm a little confused. You have told us that you served an SAR on 9 January and you have heard nothing other than acknowledgement until yesterday when they told you that there was going to be a delay. However, elsewhere you have told us that they contacted you and demanded a £10 fee. Please could you clarify this.   I see that you have made a complaint to the ICO.  The only problem is that since GDPR, the timescales for the ICO dealing with consumer complaints has increased catastrophically.   If you make a complaint to the ICO, you will have to break their arms in order to get a reference number and then eventually when you do, they will then inform you that after the issue of the reference number it will take anything from six weeks to 3 months before the complaint is even allocated to an investigator.   Before GDPR there was a much smaller level of complaint, you would normally get an email within six weeks expressing an opinion that such and such company were unlikely to have complied with their data protection obligations.   Personally I think the GDPR has backfired. I don't think it has changed anything other than opened a deluge of complaints to the ICO which because the ICO is under-resourced, has played into the hands of the companies because they are even less worried than before about complaints being made about them because by the time the complaint is looked at, the complainant is fed up or has forgotten about it and anyway, or the matter they are dealing with such as a complaint against a bank or against a utility company has moved on.      
    • The immigration clampdown has started. Reading this, I can't help thinking that employers needing waiting staff, carers and agricultural jobs are going to struggle.   The government don't seem to be listening.   https://www.theguardian.com/uk-news/2020/feb/18/uk-to-close-door-to-non-english-speakers-and-unskilled-workers?utm_term=RWRpdG9yaWFsX0d1YXJkaWFuVG9kYXlVS19XZWVrZGF5cy0yMDAyMTk%3D&utm_source=esp&utm_medium=Email&CMP=GTUK_email&utm_campaign=GuardianTodayUK
    • She  now wants know what are her chances of getting what she paid them back, said she had around 9k in bank for holidays and other items but now has only about 6k! I told her she must be mad but seems she is desperate  😕  
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srfrench

French v. Abbey (3) - Into the breach once more my friends!

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From lovemoney.com

 

Another victory against unfair bank charges!

 

Cliff D’Arcy

Published in Current accounts on 26 February 2009

Eight banks have lost an appeal aimed at stopping the investigation into overdraft charges, so the legal battle goes on.

We have cheery news for fed-up banking customers: the banks have lost their latest attempt to halt the Office of Fair Trading (OFT) investigation into unfair overdraft fees charged by current accounts.

The OFT wins round one

 

Eight banks -- Barclays, Clydesdale, HBOS, HSBC, Lloyds TSB, RBS and Nationwide BS -- argued that the OFT did not have the authority to investigate whether their charges for unauthorised overdrafts were unfair and, therefore, unenforceable. The Court of Appeal disagreed and backed the OFT.

Although this means that the OFT can continue to look into overdraft charges, the banks may seek permission to appeal to the House of Lords. Of course, this works in the banks' favour, as it slows down the investigation and enables them to continue to pocket around £300 million a month in fines.

Also, it's important to understand that this victory -- though welcome -- is just one small step in the long campaign to establish that overdraft penalties are unfair. Success at this stage only means that the OFT can carry on investigating overdraft charges for fairness -- a process it began in July 2007. Indeed, with all the foot-dragging going on, we could be two years away from a final ruling on whether these charges are, in fact, unfair.

Meanwhile, tens of thousands of county court cases and complaints to the Financial Ombudsman Service (FOS) are frozen in limbo, suspended until the final ruling is known. Thus, millions of us will have to dig in for a long haul, as it could be 2010 or 2011 before we will find out whether we can claim a refund of these charges.

Fees or fines?

 

The banks continue to argue that overdraft charges are a fee for a service, and not a penalty for breaching overdraft limits. Indeed, the British Bankers' Association (BBA) strenuously denies that the 1999 Unfair Terms in Consumer Contracts Legislation covers overdraft fees. Alas, the BBA is merely a mouthpiece for the banks and is, therefore, no friend of consumers!

Naturally, I disagree with the BBA and its members, as overdraft fines greatly exceed the actual cost of administering and monitoring accidental or deliberate over-borrowing. For example, some banks will charge up to £38 for rejecting (bouncing) a payment if funds are not available. However, they also levy a similar or identical fee for accepting a payment which increases an unapproved overdraft.

When I worked in account management for a major insurance company, we would charge our client -- a leading bank -- an admin fee of just £1 if a customer's insurance premium bounced or was returned unpaid. Thus, if my company made a profit from this charge, then how can banks justify charging 38 times as much?

Some banks have seen the light

 

As things stand at present, banks can go on levying rip-off charges on unapproved overdrafts, but consumers' right to reclaim these excessive fees has been suspended. Nevertheless, some banks have seen which way the wind is blowing, and have responded by reducing penalty fees or by altering their charging structure.

Some current account providers have introduced daily fees, lower one-off fees or tiered fees based on the amount of a bounced payment. In particular, Halifax deserves special praise for introducing its Reward Current Account, which charges a flat fee of £5 a day on unauthorised overdrafts. This is a fraction of what other banks shamelessly charge.

For instance, Royal Bank of Scotland and NatWest charge £38 per unpaid item (maximum three per day). So, a one-day overdraft at RBS or NatWest could cost a whopping £114 (plus a monthly fee of £28 on top), versus £5 at Halifax or £8 at Barclays. In addition, Abbey has the cheek to charge £35 for every payment which is bounced or increases an unapproved overdraft (Yorkshire Bank levies the same fine for unpaid items).

What will the future hold?

 

One thing about this ongoing saga worries me more and more. As we know, the credit crunch and economic downturn have inflicted severe losses on British banks. Indeed, Bradford & Bingley and Northern Rock are entirely owned by taxpayers*, while Lloyds Banking Group and Royal Bank of Scotland have been partially nationalised. Thus banks' balance sheets have been dynamited, leaving them weak as the proverbial kittens.

My fear is that, if the OFT rules in favours of consumers, banks will be unable -- and unwilling -- to forego the mighty profits which they trouser from overdraft fines. As a result, they are highly likely to put up a fight when it comes to handing over billions of pounds in refunds. Furthermore, in order to make good this massive loss, they need to find other sources of revenue.

With credit interest rates already close to zero, cutting rates is no longer an option. Thus, I expect banks to introduce wide-ranging fees for all banking customers. So, as ever, it's heads banks win, tails customers lose!

* Why should taxpayer-owned banks, such as B&B and the Rock, fine us for borrowing our own money? If ministers have any sense, they will order these organisations to stop fining hard-pushed borrowers!


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Wow....someone's been doing a lot of reading!

 

My opinion of the comments raised is whilst the banks could face further problems with funding, that's highly unlikely as a majority of the funds refunded will end up staying in the bank albeit in their customers accounts rather than in staff bonuses and fat cat board members salaries!

 

So, all in all, the sooner the House Of Lords reject their approach for permission to Appeal the better as the FSA could then be reliably challenged to release the stay on claims.

 

After all once the monies are refunded in full and with SEMPRA interst added the sooner Joe & Joan Public can start sorting not only their financial issues out but start to put money back into the economy.

 

The Banks and Labour created this problem...deal with it by taking the deserverd punishment, don't penalise the people because of your mistakes! :mad:


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Well, update time.

 

I wrote to Ashursts LLP on the 7th of June 2009 with a request to amend my POC making it clearer, less ambiguous and added support to my claim quoting case law. I did this to get their consent in getting my POC into Court without the hassle and cost of an N244 Application.

 

Whilst I can afford to submit one, I have given them till the 22nd June to do so, trusting in a mature response from them. Either way I've requested they write to me one way or the other by the 22nd.

 

I'm sure if I have to submit an application without their consent the costs will hopefully become theirs once approved. :cool:


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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you could write to Ashurst, but you couldnt send me a birthday card hmmmpppfff :-)


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Oooooo' eck! :(

 

Aha....but since you wanted to be 31 again....I thought that all birthdays were suspended?

 

I thought it was going to be 16th September?


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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This is a blast from the past.........French v Abbey with Lula posting ........it's like stepping back in time 2 years!;)


All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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LOL.... well I'm sure it'll be "Service as Normal" soon following the HoL Appeal.

 

Ah the witty banter, the tongue in cheek inuendo, the blatant overtures of wanting to see justice done and more importantly the opening of such great minds to the benefit of the world.....all will be evident in the coming weeks and months.

 

I was just working out the interest on my last of the 2 claims I currently have on hold. If I projected it into 2015 I would get £248,000 (and yes, it is correct)

 

In many ways I pray for another stay! :D

 

If the judgement in the HoL Appeal goes the OFT's way, then I expect the stays to be lifted. There is no other "Test Case" lodged in the High Courts so what would the arguments be for a stay to remain? After all many of us are so far in the system that the next step in the process for us, esp me is an actual Court Hearing. ;)


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Oh and Lula........10,000+ POSTS WOMAN!!!!!!

 

Fer goodness sake....breath woman, breath :D


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Glances at watch, sneaks a peek at the calendar, Rolls Eyes Heavenwards.......

 

 

Soon oh soooooooo soon! ;)


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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what is?


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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The October Judgement my little roll of loo paper ;)


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Oh coooommmmmmmeeeee oonnnnnnnnnnn! FFS....... we all know where it's heading, just deliver the judgement and lift the stays!!!!! :p


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Aaaaaaaaaaaaaaaaaaaaarrrrrrrrrrrrrrrrrrrrgggggggghhhhhhh!!!!!

 

Now it transpires the HoL Judegement will be handed down on or soon after 26th October.

 

Effing hell! Going back to sleep again! :rolleyes:


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Well.........apparently the HoL Judgement will be handed down in the SCoJ on Thursday 19th November 2009.

 

Not to sure if I could give any credence to this "latest" date.

 

Methinks, that's when the it will be announced on the SCoJ noticeboards of Judgements to be made for the next week.

 

So on that thought I think / hope / pray the Judgement will once and for all be made between the 20th and 25th Novemeber 2009.

 

They really need to get a grip and start to speed up the process but not to the detriment of a well thought out resolution/judgement. ;)


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Hot diggity doodaas.....looks like I'll need to amend my POC.

 

So...

1. Amend my claim with the new POC from the CAG site (my grateful thanks to the site)

 

2. Write a letter to Abbey enclosing the new POC asking if they consent to the new POC being submitted. If not then I'll need to submit an N244 Application to do so plus (i think) £75

 

3. Await payout!! :p

Edited by srfrench
Incorrect form used N150 instead of N244

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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:DPhoned the Leeds Courts this afternoon as I lost my last communique from them as to the moratorium on the Stay.

 

Was kindly informed that my claim will be in front of the Judge for listing on the 25/26th January 2010.

 

She also let me know it was not being struck out and on or around that date (after) I will be receiving a letter letting me know of a new hearing date and directions.

 

 

WoooooHooooooooooo!!!!!!!!!!!!


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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This is the best news I've heard in a long time. I seem to remember you've been there before.:D


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Indeed....I've only just managed to get the stains out of my undershorts.

 

At least I now have a month with which to either amend my POC's or use the "new" one in my exchange of docs to the Court or to use them to quote my argument against them.

 

I must say, I'm on tenterhooks at the moment! :(


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Wish you all the best Frenchy :)

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It sounds like everyone is saying their last goodbyes as I slowly head towards the Gallows :(


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Noooooo. Are the POC and defence already posted in your thread, and if so can you point us to the posts they're in please.

 

I'm wondering if any other caggers will be involved. I'm right in thinking you've been to this court before aren't I?


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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CARO....I'm pretty sure I posted on this thread my POC's unless it was removed by the site admin for obvious historical reasons regarding posting your POC's on the thread. I'll dig mine out and just post the section for REG 5.

 

I wouldn't be too surprised if others at this Court will be in the same position though they may yet not know it :roll:

 

At the very least my REG 5 section will be brief enough for the final directions including the exchange of witness statements to allow the elaboration of why I consider REG 5 to apply. That I do know.

 

Still....aa-hunting I will go.....stay tuned for the post it note :grin:


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Thanks very much. I've made BankFodder aware of this development at Leeds. I guess we'll be seeing a few more caggers posting about it in the coming weeks.:)


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Fingers crossed, though to be honest I'm of the impression that letters etc will be going out to all and sundry from the Leeds Merc Courts around the back end of January.

 

If the new POC's are out by then we will have a clear window to submit (or get the Banks to agree) and accept our new amended POC's.

 

Either way we stand to have a comfort zone for the necessary prep. ;)


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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I hope you're right. I believe a listing is like an allocation hearing, and I'm a bit concerned if POC aren't right when this takes place. Not necessarily yours, but any that may not be up to scratch. I'm trying to get some guidance on this and will let you know if I hear anything.

 

Did you receive a court order when the cases were stayed, and if so what did it say?


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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