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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
Isiris

Isiris Vs Royal Bank of Scptland

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Sorry to be a pain but need a tad of advice.

 

Basically, I got a CCj against me for oweing RBOS £320 totally in charges.

They issued a CCJ claim and I didnt defend so they got the Judgement (1 yr ago)

 

I agreed to pay £26 PER MONTH then didnt when I found this site.

I have since had the bailiff (REALLY nice bloke to be fair) and I told him I was going to challenge.

 

I phoned Bryan Carter and spoke to NL(If I can put his real name up I will, not sure on rules) and asked them to hold fire.

 

He then spouted off on one that all the charges were fair, I had signed an agreement the judge had entered judgement and there was nothing that could be done.

 

I then asked him what his legal qualifications were and he said none, so I said so basically you are a telephone operator same as what I talk to when I phone up and place an order with Next. I questioned his ability to pass on legal say so as he had said there had been many a case lost by claimants. I asked him for legal reference IE Smith Vs Bank but he could not or would not say.

 

The question is:-

 

Can I suspend the CC order and infact now challenge the original Judgement

Can I suspend it while I counter claim

Should I carry on paying but in the background, then claim for what I have paid

Can I claim the bailiffs cost back IF the original claim is null and void

 

Thanks for your help


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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I would be inclined to stop payment, and write to Bryan Carter telling them that you dispute the judgement, and will be applying for a set-aside on the basis that the amount claimed was totally due to unlawful charges.

 

If you know the amount of charges levied to your account the you should contact the court and ask for the paperwork for setting aside the judgement, on the basis that you have just discovered that the original judgement figure included unlawful amounts - and that you have a valid defence and will be issuing a counter claim.

 

When you have the forms let us know and we will give you more information.

 

Write to RBS telling them what you are intending to do - and demand that they reverse the charges, and pay all the costs you have incurred (including the bailiff fee, also tell them that you will be seeking removal of any default.

 

Should they not agree to all this when the time comes, all this can be included in your counter-claim.

 

Keep us posted.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

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.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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I would be inclined to stop payment, and write to Bryan Carter telling them that you dispute the judgement, and will be applying for a set-aside on the basis that the amount claimed was totally due to unlawful charges.

 

If you know the amount of charges levied to your account the you should contact the court and ask for the paperwork for setting aside the judgement, on the basis that you have just discovered that the original judgement figure included unlawful amounts - and that you have a valid defence and will be issuing a counter claim.

 

When you have the forms let us know and we will give you more information.

 

Write to RBS telling them what you are intending to do - and demand that they reverse the charges, and pay all the costs you have incurred (including the bailiff fee, also tell them that you will be seeking removal of any default.

 

Should they not agree to all this when the time comes, all this can be included in your counter-claim.

 

Keep us posted.

 

Alan

 

Thank you unreservedly for your reply.

 

I have just been out and bought a printer for the task.

 

I WILL keep you informed. many thanks

 

First Update is a form N2 44 is being sent to me to have the judgement set aside at a cost of £65


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Letter sent Recorded Delivery to Byan Carter, Solicitors informing them of contending charges. DPA being formatted as we speak.


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Guest Lueeze

Merged as about the same issue,

 

Louise x

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Right this has now developed

 

I, as discussed in the General Section, got the judgement set aside.

 

I then issued a counterclaim against the Royal Bank of Scotland.

 

Today, I received a very nice offer from Bryan Carter offering to drop their claim against me if I did the same. Agh, arent they sweet.

 

I am a tad confused. I have received their reply to my counterclaim and they have posted the following...

 

1. The claimant denies that the defndant has suffered any loss or Injury as pleaded in the Defence and Counterclaim

 

2. The claimant puts the defendant to strict proof of the mental stress claimed

 

I have no idea what the hell they are on about with Mental Stress as i have never mentioned this.

 

I have never mentioned any injury >>>????

 

I will write to them and tell them no thanks on the offer but I genuinely think they have got their defence to me mixed up with some car crash or something.

 

Any advice, greatfully received


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Any ideas folks


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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They have now said that the reply to defence and counter claim was not meant for me but another case (ROFLMAO)

 

They will be submitting another one on monday


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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I have today accepted an offer from the solicitors (Bryan Carter)

 

I wouldnt normally accept BUT considering this account I have had bailiffs round and had to have a judgement set aside, I have agreed to allow the banks to charge me Five Pounds per transaction charge. Still a good result.

8 weeks ago i was paying 26 per month with a county court judgement, now Im getting a cheque for 600 from them (And they paid contractual interest but Im not sure he knew he was LOL)


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Just had an interesting conversation with their solicitors. I was expecting my cheque by now so phoned them to enquire. They said that as of 24th Oct they were no longer repesenting their client and that RBoS.

 

ER well you have already offered settlement which I have accepted. I sent the following fax to the court on Friday after my conversation:-

 

Following on from a “ Without Prejudice” conversation with *** ******* Of the Claimants solicitor, we have been able to settle the matter out of court.

 

Upon receipt by myself of the cheque from the claimants, I will notify the court that proceedings can be cancelled.

 

I would ask that the trial date be kept available until notification of the receipt of the cheque by myself.

 

 

 

SURELY they cant offer settlement, we both agree, then change their mind


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Certainly the court would take a dim view of it, but I would never advise sending anything to the court in these circumstances until you have the payment cleared in your account.

 

However, this does not help your situation.

 

I would advise a letter to the court, with a copy to RBOS, stating that they have reneged on their agreement, and you wish that the action should continue as per the current timetable.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

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.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Sorry I havent posted but I did received the cheque for 450

 

Alll settled

 

Well not quite

 

Just received a threatening letter from Robson Way chasing the original debt

 

MORONS


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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