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    • The US streaming giant is forced to lay off staff to minimise cost of viewers quitting the service.View the full article
    • Hi Dave2019   That response to your councillor is short and direct so lets see how your councillor will act with Platform.   I think you have noticed that Platform are not telling the correct facts to news article/MP/Councillor which is absolutely typical of these Housing Association to always give there version of events to make them look as if they have done everything by the book to make them look good we haven't done anything wrong.   This is when you challenge them as you have done and throw there own Customer Community Engagement Strategy in there face and you keep doing this with what I have pointed out in post#67 (as a reference).   The more you do this the more Platform are not going to like it as it impacts their own Customer Care Policy, Complaints Policy and that specific Customer Engagement Strategy as these look more like just a paper exercise to make them look good but putting them into practice they are not just failing but are in fact Breaching those Policies.            
    • Ok! I think it's about there, I've added those final points. Thanks again for looking this over!   Px CLAIMANT
 ERUDIO STUDENT LOANS LIMITED – AND – DEFENDANT XXXX WITNESS STATEMENT OF XXXX I, xxxx of xxxx, being the Defendant in this case will state as follows;   1. The Witness – xxxx states in point 3 that:   “It is noted that the Defendant does not dispute entering into a credit agreement with the Claimant.”   This in not true. I have never entered nor admitted to entering into an agreement with the claimant.   2. The default notice mentioned in point 6 was issued on 26/04/2017 and served 4 years, 3 months and 27 days after the last written acknowledgment of the debt on 30/12/2012 by myself. Thus, the cause of action delayed by 4 years 3 months and 27 days and the Limitations period prolonged to 10 years, 11 months, 16 days. This, in effect, allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.   3. In point 5 xxxx states I was issued with A Notice of Assignment on 22/11/2013. In point 6 he states that a Default Notice was sent to me on 04/03/2014. In point 7 he states I was sent a Termination Notice on 26/04/2017. In point 8 the legal proceedings and transference to Drydens solicitors took place without my knowledge.   I received none of these notices or assignment. It has now come to light that they were all sent to an address I had not resided at since 2001. The Student Loan Company was aware of my current address at the time that the alleged documents were sent.   I have always kept the Student Loan Company informed of my current address.   4. In point 18 the Claimant claims the Termination Notice issued on the 26/04/2017 was the cause of action, this is patently untrue - the termination notice does not determine the Statute of Limitations date.   Pursuing a debt after a 6 years is clear breach of OFT guidelines and CPUT.   5. Addressing points 21,22 and 23 - the claimant contends its unfair to allow a set aside 16 months after a default judgement, yet failed to issue a default notice within the 6 year limitation period therefore breaching the rules of the Consumer Credit Act 1974 section 87/88.   6. I the defendant, contend that the Claimant's claim so issued is a claim in contract and
is STATUTE BARRED pursuant to the provisions of section 5 of the Limitation Act 1980. 
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.   7. The Claimant's claim to be entitled to payment of £2489.03 or any other sum, or relief of any kind is denied. 
   8. The defendant’s costs in dealing with the claimants default judgement and their set aside application to be paid by the claimant within 28 days.   (a separate costs sheet is attached).   Statement of Truth   I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed: xxxx Dated: 17/05/2022   Costs Sheet Cost of N244 application form: £255.00      
    • Hi   I hope you are keeping as well as came be expected during this. and even if you want to rant here about this If A2 are still ignoring your letters/emails then that the Housing Ombudsman is now looking into this matter and have requested your evidence so far of their failure in Customer Cara and more importantly their own Complaints Procedure by failure to acknowledge letters/emails.   As you have already spoke to the Ombudsman I would contact them again and just explain to date A2 are still completely ignoring you with your complaint and you take this as a Breach of their own Complaints Procedure.   You look after yourself and even if you just want to have a rant about this to get this out your system you know where we are.    
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Benefits - A & L refusing to give back


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Dear All

I am well along the path of claiming back my bank charges, have been offered a measly settlement, refused and reported my complaint to the FOS.

I have since had a direct debit refused, which has escalated into my account being £200 overdrawn.

Each Thursday I have WFTC paid into my account and every four weeks I have my child benefit paid in. Last week, I faxed the bank and sent recorded delivery two right of appropriation letters stating the law that stops banks from being able to take benefit money. Told them that I would be drawing the money on Thursday and Monday respectfully and surprise surprise the money is not available to withdraw. I have phoned the bank and after being put on hold for a total of 45 minutes throughout the duration of the conversation, was told by someone in the legal department that the only way I could get this money today £170 for the two benefits they have unlawfully denied me access to, is to close my account!!! I have told them that under no circumstances whatsoever are they to close my account and if they do not arrange for me to have the funds today, then I will go back over my account and claim back all benefits that their unlawful charges have interfered with, and report them to FOS, BBC and National Newspapers as well as my MP. I was informed that I would have to wait for a call back from the girls manager who was just going into a meeting. This was over an hour ago - as of yet no call back. I have called the FOS, who incidentally have informed me that my claim for charges is just about to be looked at by an adjudicator, and informed them of the new developments. Although they are not allowed to give legal advice, they did state that they believe it to be true that to take the benefits is against the law. Will keep you posted. Will also update my bank charges thread with more info obtained from FOS regarding duration of bank charges claims etc.

I cannot believe that the banks continually break the law and nothing is done about it. Seriously considering going to a solicitor now for damages claim.

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An update. Have just had a call from the bank - 3 hours after I phoned them!!! The woman I spoke to was a manager from the legal department - very rude lady. Would not let me complete a sentence without interupting me. Told me that if they let me have the monies then my account would be overdrawn and they would like to know how i was going to pay this money back. I stated that this was not what I had called for. I had called to make arrangements to make my WFTC and Child benefit funds available to me. She said that if I refused to tell her how I was going to pay this money back then she would close my account right now. I warned her that this was not ok and that if she did this I would create merry hell. She said I had refused to make an arrangement to pay monies back - this was of course not true. At this point I told her I was taping the conversation and that I would go to the BBC, solicitor and FOS if she did not tell me how this money was going to be made available to me today. She said she would not discuss this until I had made an arrangement to pay the monies owed. I again reminded her that I was taping the conversation and that if they refused me access to the monies then it was breaking the law under Social Security ACt 1992 and Tax Credit act 2006. She did get really shirty, but in the end I got what I wanted. A warning to anyone - it would appear that once you begin to claim back what is rightfully yours, the banks will use any excuse to close your account. The rudeness of the staff is amazing - I made it clear to this woman that I was appalled by her tone, attitude and negativity towards the situation. You would think it was her money that she had to give me. I have to go to the bank after work and collect monies. Apparently she was going to make all necessary arrangements. Lets see.

It will hit the fan if I get there and its not sorted, but to be honest, with the treatment I received on that phonecall, nothing would surprise me anymore.

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Alliance and leicester fined by FOS for retaliatory account closure

 

 

they are naughty arent they - you think they wuld have learnt thier lesson.The above may be of interest. You seem to have the matter in hand - but make sure you follow up everything with an official complaint in writing.good luck with your claim:)

 

jan

Is the bank taking your Benefits ?

Affect of charges refunds on benefit claims.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Jan

Thanks for your comments. You are quite right. I will draft a letter of complaint to the banks director shortly. Think I might actually give them the option of settling now, informing them that if they decline to settle I will report the threat to close my account if I insisted on being allowed to collect MY MONEY!!!!! The new complaint would cost the bank a further £350!!!!!

Incidentally, when I went to collect my money yesterday, the phonecall hadnt been made and that had to phone up her while I waited!!!

I cannot believe how difficult the banks are being and how they continually refuse to abide by the law. I did read somewhere yesterday that as the FOS got involved in this last year, they should no longer be charging how they are anyway and therefore they are in the wrong for this. Am thinking about writing to the FOS with a schedule of charges made since I submitted my original claim - under seperate cover of course - as a seperate issue, questioning if they should still be doing this even when the FOS have deemed the charges unfair and I have already submitted a complaint for charges prior to these. The bank would have to pay another £350!!!! Worth it for that alone.

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Hi , i would certainly start to pay something back for your overdraft as if you dont you may end up getting it put onto your credit report , may just cause you more probs in the future.

Good luck

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hi

im really angry at the way they talk to customers i really cant put down the words here what i think about banks, have you tried getting another seperate bank account so you only have your tax credit paid into that account only, the post office do a basic account im told which is supposed to be quite good, i think all the time you owe money to the bank and they can see that money is paid into your account they will take it regardless of however you may try to stop them, try to come up with some arrangement to pay back some of what you owe, are they hammering you with OD charges? because if you dont get into some arrangement they will hit you for everything they can. i had a similar problem of not being able to cover the OD charges and it worked out about £200 a month i was getting done for as well as failed DDs Ect.

which really adds up over a few months

 

good luck

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  • 1 year later...

Hi!

 

I wrote to A&L about four weeks ago regarding claiming back my bank charges as I am on benefits. A&L have so far not responded. However seeing how they have disgracefully treated other people in this thread I am seriously thinking of getting a basic bank account before proceeding further. One reason for me taking this route is my chronic heallth - in a word its dire! I tire easily due to my pain and also the meds I take. I would appreciate any input from some wonderful and kind souls in this very supportive forum.One final question - is there a decent basic bank that anyone would recommend?!?!

 

Thanks in advance.

 

seeker27

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Natwest seems to be popular, although the Co-op seems to be the most ethical bank, if that's not a contradiction in terms

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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bit off topic for your bank charges claim but I was very annoyed to get a text from a company I had never heard of, aegis, I ignored it because I did not know who they were, had a letter waiting for me from the same company and it turns out they are a debt collection agency based in Mumbia working for A and L. I had inadvertantly missed a payment on my credit card and they had passed my details onto this company straight away. I always make pyments on time these days, I told the woman my sister had just died and I had had other things on my mind. I am going to claim the charges back and also write to their cheif excutive to complain, I cannot believe they did not have the courtesy to ring me to find out why I had not paid them

Edited by hilaryfrances
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