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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
orka

Period of Limitation for reclaiming Bank of Scotland

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Can anybody clarify whether the five year limitation referred to applies to the length of time for which you can claim, or just to the period for which you can request statement information.

 

I am going through the process to obtain details of charges from the Bank of Scotland, but I have just uncovered older bank details pre 2001 which include about £1000 in charges. I'd hate to miss out on this.

 

Also: is it more effective to ask the bank for the whole lot in the first instance and then divide into £750 blocks or to go for £750 at a time in the first instance?

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It's 6 years and it applies to both I think.

 

Not sure but I think with Scottish claims, people are splitting into chunks of £750 a piece. - check that though....


25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

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the period of limitation is different up here to....you can only go back 5 years


IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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Ok but I would imagine it would go from the start of you asking for money back, ie preliminary letter


25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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the period of limitation is different up here to....you can only go back 5 years

 

Hi Scotia,

Can you tell us (I am helping my daughter get her money back) if the bank has waved the charge for 6 years of back statements as a good will gesture although it has not sent back the £10 cheque included, but says that the costs of providing the information regarding the manual interventions is disproportionate to the effort? Help.

 

Can we claim for the 6 years or must it only be for 5?

 

The total is in the region of £1200 can we as one of the other site users has done and asked for it all back in one go rather than wasting the bank and the courts precious time????

 

When we make our claim should the grand total be no more than the £750 or £750 + 8% + court fees???

 

Sorry to go on so much about this but I work away from home which makes it a little difficult to keep things moving?

Any other usfull pointers would be appreciated.

 

Thanks in advance

 

Ray Duffy :confused:


Raymo

 

In for a penny in for a pound

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but says that the costs of providing the information regarding the manual interventions is disproportionate to the effort?

 

You have received a reply regarding manual intervention.....it may not be what you want, but they have answered it, and as such i would be suprised if they could use this in court now. If they did, then you could argue that if they had the information to hand, why didn't they provide it under the DPA.

 

Can we claim for the 6 years or must it only be for 5?

As far as i am aware the period of limitation is 5 years in Scotland....i tried for 6 years...but the clerk at the court told me to alter it to 5 years......so it may be worth a try for 6

 

The total is in the region of £1200 can we as one of the other site users has done and asked for it all back in one go rather than wasting the bank and the courts precious time????

 

You can go for a 'summary cause'....but rules are different for small claims track...including being liable for other parties costs if you lose (think it may be limited to £500 but not sure)

 

When we make our claim should the grand total be no more than the £750 or £750 + 8% + court fees???

 

The £750 limit is for claim only....ie max £750 claim, plus 8% interest plus £39 fee...my 2nd claim is for a total of £869

 

Sorry to go on so much about this but I work away from home which makes it a little difficult to keep things moving?

Any other usfull pointers would be appreciated.

 

Thanks in advance

 

Ray Duffy :confused:

 

No probs m8, if you need any other help let me know


IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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A couple of things to clarify on this.

 

Firstly, there is a question regarding limitations, in that there is a clause (discussed in Legalities) that states the limitation does not apply where there has been "concealment" or "mistake".

 

The argument runs that the banks have either diliberately concealed the fact that their charges are unlawful - or, if it wasn't deliberate, that a mistake has been made and these charges should not have been levied.

 

Secondly, it is worth noting that issuing separate claims could be seen as abuse of the legal process - although I am unaware at this stage that this has been used.

 

Of course, if you sue for the full amount, the charges issue would only apply if the bank went into court, and won. In any respect, claims under £15,000 carry very limited costs - £500 for claims below £10k, £750 for claims below £15k. I am sure it is the same for Scotland on this issue - but I am sure someone will correct me if I am wrong.


Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

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You have received a reply regarding manual intervention.....it may not be what you want, but they have answered it, and as such i would be suprised if they could use this in court now. If they did, then you could argue that if they had the information to hand, why didn't they provide it under the DPA.

 

 

As far as i am aware the period of limitation is 5 years in Scotland....i tried for 6 years...but the clerk at the court told me to alter it to 5 years......so it may be worth a try for 6

 

 

 

You can go for a 'summary cause'....but rules are different for small claims track...including being liable for other parties costs if you lose (think it may be limited to £500 but not sure)

 

 

 

The £750 limit is for claim only....ie max £750 claim, plus 8% interest plus £39 fee...my 2nd claim is for a total of £869

 

 

 

No probs m8, if you need any other help let me know

 

 

Its me again!

 

Do I send the letter (Prelim) to the Bank that the account is in or to the Head Office?? (the original letter was sent to the local branch), then do I wait the 14 days and if no action follow up with LBA? :confused:

 

Just want to get it right first time so at least it looks like we know what we are doing.


Raymo

 

In for a penny in for a pound

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My first claim, which is partially settled (8% interest has not been paid) was for charges in 2000 -2004. nowhere along the way has it been queried by anyone, bank manager, customer service, sheriff clerk.


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4738 days.

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