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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
Tizzy22

Cera vs RBS

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If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Story so far:

 

Did all me letters to the bank claiming £3800 ish and had an offer of £102.10 (not sure where they came up with that figure). Anyhow, started proceedings on Money Claim Online, they acknowledged within the time frame then defended at the 11th hour and now I have a letter from Cobbetts requesting "Further Information".

 

Also received stuff from court stating that it has been transferred to my local court with a copy of the letters that they sent me. I haven't had an AQ though.

 

Have done a response letter to Cobbetts based on various bits of info I've pulled from forums but me questions are:

 

a) Why haven't I had an AQ - I thought you got one as soon as they filed defence.

 

b) In my response to Cobbetts, do I include - as they have requested details of charges - my spreadsheet INCLUDING interest?

 

Am getting dead scared about things now and would appreciate any advice I can get.

 

Thanks in antic.

 

Cera x

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Could someone please look over the reponse I've put together:

1. In your claim you state "the Defendant applied numerous default charges to the Claimants account”.

2. Please provide the following particulars in support of your claim:

2.1 To what account(s)(giving details of the account name, number and sort code) were the charges applied.

All letters sent to your client clearly stated my account name and number. However, for clarification, they are as follows:

Account Name: xxxxxxx

Account Number: xxxxxxx

Sort Code: xxxxxxx

2.2 In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; © the reason(s) given for the charging of the same

These have also been provided on numerous occasions however, I have again enclosed a spreadsheet detailing all charges, dates and details as per statements. I am also entitled to claim interest at 8 per cent per annum from the date when charges were first applied to my account until a judgment is made. This has been included on my spreadsheet.

2.3. In relation to each charge, please clarify the following: (a) is it the case of the Claimant the same should not have been charged? (b) if yes; please explain why the Claimant contends that the same should not have been charged? © If no; is it the case of the Claimant that the same should not have been charged this amount? (d) If yes; please explain why the Claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged; (e) If no; please state the Claimants case.

 

In response to Para 2.3

(a) Yes, the Claimant should not have been charged an amount above the true administrate cost incurred by the respondents.

(b) The Claimant alleges that the charges are Penalty charges and are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses.

© The Claimant should have been charged the true administrative cost.

(d) The Respondent has asked what the Claimant should have been charged. To answer this Claimant will need a break down of the administrative costs incurred by the defendant in applying the said charges.

3. In your claim you state that “[the] charge is deemed to be a penalty”

A charge is deemed to be a penalty if, in reference to the case Wilson v Love in 1896, it does not reflect the true cost of an item.

4. Please provide the following particulars in support of your claim:

4.1 Please specify the clause(s) pursuant to which the charges were applied.

4.2 Please specify whether the charges applied were due to breach of contract by the Claimant

4.3 Please identify in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the charge related to.

In response to the Paragraph 4.1, 4.2 and 4.3, made by the defendant the Claimant will not be able to responded to these until the Claimant has disclosure and inspection of documents as the Claimant will be requiring a copy of his contract with the defendants.

5. In your claim you state that the charges are: “a breach of the Unfair Terms in Consumer Contracts Regulations 1999”

6. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 5 above, and in particular please identify the contractual provision(s) that the Claimant alleges are invalid by reference to the Regulations.

In response to Para 5 and 6 the respondents seem to misunderstand this point, the responsibility is on the defendant to prove that their terms are not contrary to the Unfair terms in Consumer Contract Regulations, however once the respondent has sent a breakdown of their administrative costs and a copy of the contract to the Claimant. The claimant will be happy to point out the contractual provision(s) that the claimant alleges are invalid.

If the defendant requires any further information, the Claimant will be happy to provide this once the discloser of documents/information has been dealt with by the court, or the defendant has provide the requested information.

 

 

Again, thanks guys - any time I can help anyone with anything I will.

 

Cera x

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OK so, I've had no response from anyone, but I thougt I'd keep you informed - had to respond to Cobbetts by 17th April and still, as of now, had no response from them. CC'd the letter to the Court also.

 

Will post if I get a reply from Cobbetts...

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