http://consumerwiki.co.uk/api.php?action=feedcontributions&user=Mbrowne&feedformat=atomConsumer Wiki - User contributions [en]2024-03-28T17:45:33ZUser contributionsMediaWiki 1.31.1http://consumerwiki.co.uk/index.php?title=Benefits_and_the_Social_Security_Administration_Act&diff=3509Benefits and the Social Security Administration Act2013-04-08T14:13:19Z<p>Mbrowne: </p>
<hr />
<div>== Social Security Administration Act and Tax Credits Act ==<br />
<br />
The two Acts of Parliament that govern how benefits are paid are the '''[http://www.opsi.gov.uk/ACTS/acts1992/Ukpga_19920005_en_1.htm Social Security Administration Act 1992]''' and the '''[http://www.opsi.gov.uk/acts/acts2002/ukpga_20020021_en_1 Tax Credit's Act 2002.]''' Both of these have clauses which '''apparently''' make it unlawful for banks to impose bank charges on benefits:<br />
<br />
<br />
'''Social Security Administration Act 1992 Section 187:'''<br />
<br />
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<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
187.—(1) Subject to the provision of this Act, every assignment of or charge on–<br />
<br />
(a) benefit as defined in section 122 of the Contributions and Benefits Act;<br />
[3(aa) a jobseeker’s allowance;]<br />
<br />
(b) any income-related benefit; or<br />
<br />
(c) child benefit,<br />
<br />
and every agreement to assign or charge such benefit shall be void; </div></blockquote><br />
|}<br />
<br />
<br />
'''Tax Credits Act 2002 Section 45:'''<br />
<br />
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<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
45. Inalienability<br />
<br />
(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; </div></blockquote><br />
|}<br />
<br />
<br />
<br />
<br />
HOWEVER by 'charges' they <span style="color:red">DO NOT MEAN BANK CHARGES. </SPAN> What is meant is things like attachment of earnings and charging orders.<br />
<br />
<br />
Although there is some ambiguity, if you took a case to reclaim bank charges to court based on s187 of the Social Security Administration Act 1992 or s45 of the Tax Credits Act 2002 the court would almost certainly find against you.<br />
<br />
<br />
No one is saying that the banks have the right to take money from benefits, only that you can't use the Social Security Administration Act 1992 or the Tax Credits Act 2002 to stop them. Money taken from benefits is unlawful - but unlawful by virtue of the Unfair Terms in Consumer Contract Regulations 1999 and the common law on penalties in contracts , not under the Social Security Administration Act 1992 or Tax Credits Act 2002 (unfortunately).<br />
<br />
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<br />
'''A Barrister's view:''' <br />
<br />
I researched this topic some time ago, and my understanding of the application of this section is as follows:<br />
<br />
Any assignment of your state benefits or pension is void and unenforceable. That is to say, no person or organisation can collect your state benefits/pension in your place as settlement of a debt (subject to certain exceptions involving state institutions). As a result, you could not instruct the DWP to pay your benefits to a 3rd party, and a 3rd party could not enforce any agreement that gives your state benefits to them. This was introduced at the end of the 1800s to stop the first state benefits (such as war pensions) being taken by unscrupulous 3rd parties, which happened an awful lot.<br />
<br />
However, under current banking law, once your benefits (or indeed, any other income) is paid into your account, it is no longer classified as your benefits; it becomes part of a generic monetary debt owed to you (if your account is in credit) or owed by you (if your account is in debit). Think of your benefits as a glass of water, and your bank account as a water tank. S.187 effectively strikes down any agreement that stops your weekly glass of water going into your water tank and/or going to somebody else's water tank. That water is for you and you alone. However, once you have put it into your water tank, it is just becomes part of the whole collection of water that is in there, and can no longer be protected. The practical reason is that you couldn't identify which of those water molecules (your pennies) that came from your glass (benefits), and which were in there already.<br />
<br />
The only way to protect your benefits is to have them paid into a separate account with a separate bank, which avoids any set-off (think of this as the bank linking up any water tanks that you have with them to get the overall amount of water you have stored with them or borrowed from them). A number of banks work with fast transfer payments, so you should be able to move your money from your benefits account with one bank to another account with another bank (such as your house or bills account) within two hours. This is the best way to protect your benefits from everyone and anything.<br />
<br />
'''Tom Brennan, Barrister'''<br />
|}<br />
<br />
== Government Response to Petition ==<br />
<br />
<br />
“We the undersigned petition the Prime Minister to compel the High Street banks to obey the law on state benefits.”<br />
<br />
'''Details of Petition:'''<br />
<br />
“It is government policy that people on state benefits (income support, tax credits, etc) have their benefit paid into a bank account. All High Street banks impose charges on banking accounts for going overdrawn, not having funds to cover a direct debit,etc. In the case of accounts which have money from state benefits payed into them , such charges are contrary to section 187 of the Social Security Administration Act 1992 or section 45 of the Tax Credits Act 2002. However, the High Street banks continue to ignore this legislation. This petition is to request the Prime Minister to compel the High Street banks to obey the law.”<br />
<br />
<br />
'''The Government’s response'''<br />
<br />
The purpose of the Social Security Administration Act 1992 Section 187 and section 45 of the Tax Credits Act 2002 is to prevent people’s benefit money being at risk by it being assigned over to a third party in settlement of a debt. It is not intended to prohibit the application of bank charges. Bank charges are in the nature of an expense, and are incurred by the holder of the account; tax credits and benefits are payable in order to help customers meet their expenses, and as such it is legitimate for banks to deduct charges from the balance of an account held in that bank, whether the money paid into the account comes from tax credits, benefits or other sources, such as earnings.<br />
<br />
Full response here:<br />
<br />
'''[http://www.number10.gov.uk/Page16882]'''</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Debt::_Letter_Templates&diff=3496Debt:: Letter Templates2011-04-07T17:34:52Z<p>Mbrowne: </p>
<hr />
<div>== Harassment by Telephone - Response Letter ==<br />
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<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font> <br />
Your Street<br />
<br />
Town<br />
<br />
City<br />
<br />
Postcode<br />
<br />
DATE HERE<br />
<br />
Company Name<br />
<br />
Road<br />
<br />
<br />
Town<br />
<br />
City / County<br />
<br />
Postcode<br />
<br />
<br />
<br />
Dear Sirs<br />
<br />
<center>''' <u>Harassment by telephone</u>'''</center><br />
<br />
<br />
'''Account Number:''' XXXXXXX<br />
<br />
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.<br />
<br />
I have verbally requested that these stop, but I am still receiving calls. <span style="color:red">(Delete if necessary) </SPAN> <br />
<br />
I now require all further correspondence from your company to be made in writing only.<br />
<br />
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.<br />
<br />
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.<br />
<br />
Be advised that any further telephone calls from your company will be recorded. <span style="color:red">(**Even if you don‘t yet have recording equipment!!**) </SPAN> <br />
<br />
<br />
Yours faithfully,<br />
<br />
<br />
<br />
[NAME HERE]<br />
</div></blockquote><br />
|}<br />
<br />
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<br />
<br />
== Credit Reference Agencies - Multiple defaults for same debt. ==<br />
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<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
Date<br />
<br />
Dear Sir Or Madam<br />
<br />
<span style="color:red">FORMAL COMPLAINT UNDER YOUR CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE<br />
<br />
NOTICE TO CORECT DATA UNDER DATA PROTECTION ACT 1998</SPAN><br />
<br />
<br />
I note that you have <span style="color:red">[NUMBER] </SPAN> of defaults registered against me in relation to account <span style="color:red">XXX </SPAN> originally issued by <span style="color:red">XXX. </SPAN> This is against the guidelines issued by the information commissioner, and is an unfair practice.<br />
<br />
Please take this as a request to correct data under the Data Protection Act 1998.<br />
<br />
Please send me a copy of your complaints procedure as required by law, with acknowledgement of this formal complaint.<br />
<br />
Yours Faithfully,<br />
<br />
XXXX.<br />
</div></blockquote><br />
|}<br />
<br />
<br />
<br />
<br />
<span style="color:red">Make sure you get proof of postage... </SPAN><br />
<br />
<br />
== DCA - Response to demands after F&FS been accepted ==<br />
<br />
<br />
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<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
Date<br />
<br />
Dear Sir Or Madam<br />
<br />
<span style="color:red">FORMAL COMPLAINT UNDER YOUR CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE<br />
<br />
IMPORTANT : LETTER BEFORE COMPLAINT TO POLICE.</SPAN><br />
<br />
<br />
I have recieved your letter of the <span style="color:red">Xth, </SPAN> whose contents are duly noted.<br />
<br />
Please find enclosed <span style="color:red"> [ DESCRIBE WRITTEN PROOF OF F&FS, EVIDENCE OF PAYMENT ETC ]</SPAN> , and <span style="color:red">[ BANK STATEMENT OR EVIDENCE SHOWING YOU PAID THE SETTLEMENT ] </SPAN> which shows that I paid the debt in <span style="color:red">FULL / OR A SETTLEMENT on DATE. </SPAN> There is no outstanding debt on this account.<br />
<br />
Claiming that money is owed when it is not is a criminal offence under s40 of the Administration Of Justice Act 1970.<br />
<br />
Please note that unless you correct any information recorded on my credit reference I will take further legal action. Further, I require you to cease processing my data beyond that necessary to respond to this complaint.<br />
<br />
Continued collection activity WILL cause me to complain to the police, and FOS.<br />
<br />
Yours faithfully,<br />
<br />
XXXX.<br />
<br />
Enc copies of letter Dated X, dated Y, Dated Z.<br />
</div></blockquote><br />
|}<br />
<br />
<br />
<span style="color:red">Make sure you send it special delivery. </SPAN><br />
<br />
== DCA / Creditor- demand for a specimen signature before complying with S77/78 CCA ==<br />
<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
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<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
Dear Sirs,<br />
<br />
RE Account NO <span style="color:red">XXXXXXXX </SPAN> <br />
<br />
Thank you for your letter dated <span style="color:red">xx/xx/2008</SPAN> the contents of which are noted.<br />
<br />
In your letter you make reference to requiring my <span style="color:red">signed authorisation /specimen signature** </SPAN> before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my <span style="color:red">S77/78** </SPAN> request. <br />
<br />
If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you. <br />
<br />
However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask, if you are concerned that you are corresponding with the correct person, why has it taken so long to raise this?<br />
<br />
As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:<br />
<br />
''7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data''.<br />
<br />
My request for a true copy of my credit agreement under section <span style="color:red">77/78** </SPAN> was made on <span style="color:red">xx/xx/2008 </SPAN> and the 12 working days for your compliance expire on <span style="color:red">xx/xx/2008. </SPAN> I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.<br />
<br />
I look forward to receiving the documentation requested<br />
<br />
Yours faithfully<br />
<br />
Print dont Sign<br />
</div></blockquote><br />
|}<br />
<br />
<br />
<span style="color:red">** Edit as needed </SPAN><br />
<br />
== DCA -response to threats of home visits ==<br />
<br />
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<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
Dear <span style="color:red">xxxx </SPAN> <br />
<br />
Account Ref <span style="color:red"> xxxx </SPAN><br />
<br />
Please be advised that I will '''only''' communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date. <br />
<br />
Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.<br />
<br />
There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). <br />
<br />
Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.<br />
<br />
Yours faithfully,<br />
</div></blockquote><br />
|}<br />
== DCA - Debt that is already in dispute passed to another DCA ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
Dear Sir or Madam,<br />
<br />
Account number: <span style="color:red">XXXX XXXX XXXX XXXX </SPAN> <br />
<br />
'''ACCOUNT IN DISPUTE'''<br />
<br />
I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the <span style="color:red">**original/DCA** </SPAN> and has been since <span style="color:red">DATE </SPAN> 2008.<br />
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998<br />
<br />
As <span style="color:red">**original/DCA** </SPAN> are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.<br />
<br />
As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.<br />
<br />
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.<br />
<br />
Now I would respectfully suggest that this account is returned to the <span style="color:red">**original/DCA** </SPAN> for resolution of these defaults and breaches, as <span style="color:red">**New DCA** </SPAN>cannot lawfully pursue any enforcement activities.<br />
<br />
If <span style="color:red">**New DCA** </SPAN> chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.<br />
<br />
After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines<br />
<br />
Also be advised that I will only communicate with you in writing.<br />
<br />
Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.<br />
<br />
There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.<br />
<br />
I hope that this will not be necessary and an acceptable solution can be accomplished.<br />
<br />
I would appreciate your due diligence in this matter.<br />
<br />
I look forward to hearing from you in writing.<br />
<br />
Yours faithfully </div></blockquote><br />
|}<br />
<br />
<br />
<br />
<br />
<br />
== Request For Information Under Civil Procedure Rules ==<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
Dear Sir/Madam,<br />
<br />
I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes the Data Protection request made to on the <span style="color:red">**DATE**. </SPAN> The information must be furnished by the<span style="color:red">**DATE**, </SPAN> which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.<br />
<br />
'''1.''' A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.<br />
<br />
'''2.''' All records you hold on me relevant to this case, including but not limited to:<br />
<br />
'''a.''' A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.<br />
<br />
'''b.''' Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations<br />
<br />
'''c.''' Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with <span style="color:red">**CREDITOR**. </SPAN><br />
<br />
'''d.''' True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.<br />
<br />
'''e.''' Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).<br />
<br />
'''f.''' Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.<br />
<br />
'''g.''' Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.<br />
<br />
'''h.''' A genuine copy of any deed of assignment, or proof that you have a legal right to this money.<br />
<br />
'''i.''' A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998<br />
<br />
'''j.''' A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.<br />
<br />
'''3.''' Any other documents you seek to rely on in court.<br />
<br />
'''4.''' A copy of your complaints procedure, as required by the Consumer Credit Act 2006.<br />
<br />
'''5.''' Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.<br />
<br />
I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.<br />
<br />
I would appreciate your due diligence in this matter.<br />
<br />
I await your rapid response.<br />
<br />
Yours Faithfully,<br />
</div></blockquote><br />
|}<br />
<br />
<br />
<br />
<br />
[[Category:Bank_Charges]]<br />
<br />
[[Category:Legal_Information]]<br />
<br />
[[Category:Standard_Letters]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Creditors_and_DCAs&diff=3495Creditors and DCAs2011-04-07T17:33:20Z<p>Mbrowne: </p>
<hr />
<div>== Template letters to creditors and DCA's ==<br />
<br />
<br />
[http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162353 Creditors and DCAs - Letter Templates & Budget Planner]<br />
<br />
Some of these letters refer to a budget planner. Here is a simple budget planner which you can fill in to work out how much you can afford to offer your creditors, and you can print this and send with the relevant letter:<br />
<br />
[http://www.moneysavingexpert.com/banking/Budget-planning Budget Planner]There are both Excel and On-line versions<br />
<br />
The letters are as follows:<br />
<br />
<br />
== Letter A - Ask your creditors to hold action on your account ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
<br />
We are writing to inform you that we are seeking advice and assistance regarding our current financial difficulties. <br />
<br />
To this end, we would appreciate if you could hold any action on the above account for a period of at least 28 days. <br />
<br />
Also, during this period, could you please freeze interest and/or any other charges accruing on the above account.<br />
<br />
We look forward to hearing from you as soon as possible.<br />
<br />
Yours faithfully<br />
</div></blockquote><br />
|}<br />
<br />
<br />
== Letter B - Ask your creditors to accept pro rata offers of payment on your debts ==<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
Since making that above agreement with you, our circumstances have changed.<br />
<br />
We cannot now afford to agreed monthly payments because ... <span style="color:red">[your paragraph added here] </SPAN> <br />
<br />
We enclose a Personal Budget sheet which shows our total income from all sources, and our outgoings. As you can see we have only <span style="color:red">£123 </SPAN> per month left for our creditors. The offers we have made to our creditors have worked out on a pro−rata basis, and we have written to all our creditors asking them to accept reduced payments.<br />
<br />
In view of our circumstances, please would you agree to accept a reduced offer of <span style="color:red"> £27 </SPAN>per month. If interest or other charges are being added to the account we would be grateful if you would freeze these so that all payments made will reduce what I owe you.<br />
<br />
Should our circumstances improve we will contact you again.<br />
<br />
We would be grateful if you would send a paying−in book to make it easier to pay you. Thank you for your assistance. We look forward to hearing from you as soon as possible.<br />
<br />
Yours faithfully<br />
</div></blockquote><br />
|}<br />
<br />
<br />
== Letter C - Ask your creditors to accept a token payment or no payment on your debts ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
Since making that above agreement with you, our circumstances have changed.<br />
<br />
We cannot now afford to agreed monthly payments because ... <span style="color:red">[your paragraph added here] </SPAN><br />
<br />
We enclose a Personal Budget sheet which shows our total income from all sources, and the total outgoings of our household. As you can see we have no money left to make offers of payment to my creditors.<br />
<br />
In view of our circumstances, would you please accept no payment at present to be reviewed in six months. If interest or other charges are being added to the account, we would be grateful if you would freeze these so our debt does not increase.<br />
<br />
Should my circumstances improve we will contact you again.<br />
<br />
Thank you for your assistance. We look forward to hearing from you as soon as possible.<br />
<br />
Yours faithfully<br />
</div></blockquote><br />
|}<br />
<br />
<br />
== Letter D - When a creditor refuses your offer of payment ==<br />
<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
Thank you for your letter of <span style="color:red">23/06/2006 </SPAN> concerning the above account.<br />
<br />
We are are sorry that you feel unable to accept the offer which we have made. The majority of our other creditors have accepted the offers made to them and we have commenced payments. <br />
<br />
We cannot offer you more because we can only afford <span style="color:red">£775 </SPAN> per month between all our other creditors, and it would be wrong to cease or reduce payments to our other creditors in favour of your company. The offer made to you is on a pro rata basis, as used by the county court.<br />
<br />
In the light of the other creditors agreeing to our repayment plan, please would you reconsider our offer. We will be making the payments in line with the offer to your company, on a weekly basis, as a gesture of goodwill.<br />
<br />
We look forward to hearing from you as soon as possible.<br />
<br />
Yours faithfully<br />
</div></blockquote><br />
|}<br />
<br />
<br />
== Letter E - When a creditor refuses to freeze interest on your account ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
Thank you for your letter of <span style="color:red">23/06/2006 </SPAN><br />
<br />
concerning the above account. We are sorry that you feel unable to suspend interest charges on the above account. <br />
<br />
The majority of our other creditors have agreed to the offer of payment and agreed to suspend any interest charges still accruing. They have accepted that to continue to charge interest would not assist us in our present financial difficulties, and can only serve to increase our total debt.<br />
<br />
As you are aware, we have already paid considerable sums in interest to our account. If interest charges continue, the monthly installments we are paying will not even cover that interest. Also the co−operation of our other creditors who have agreed to freeze interest already would be put at risk.<br />
<br />
We would therefore be grateful if you would reconsider your decision not to freeze the interest. This would mean that the monthly payments we make would actually reduce the balance outstanding to your company.<br />
<br />
We look forward to hearing from you as soon as possible.<br />
<br />
Yours faithfully </div></blockquote><br />
|} </div></blockquote><br />
|}<br />
<br />
== Letter F - When a creditor has turned down an offer of payment, interest is still being added, and you want the creditor to take you to court. ==<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
Thank you for your letter of <span style="color:red"> 23/06/2006</SPAN>. We are very disappointed that we seem unable to reach a satisfactory compromise in this case. <br />
<br />
As we have already explained, we can only afford <span style="color:red">£71 </SPAN> per month at the present time, and we feel that it is pointless paying this amount to you only to see the debt increase. We invite you therefore to sue us for the debt, when we shall have the opportunity of offering <span style="color:red">£71 </SPAN> per month through the courts. In addition, once judgment is granted we understand that further interest will be suspended in any event. <br />
<br />
It seems that we can only achieve a reasonable outcome to this matter by allowing the courts to decide, although this will involve us both in extra expense and time wasted with court proceedings.<br />
<br />
The offer of <span style="color:red">£71 </SPAN> per month plus suspension of interest is of course still open to you to accept.<br />
<br />
Yours faithfully<br />
</div></blockquote><br />
|}<br />
<br />
== Letter G - When creditors have turned down an offer of payment, interest is still being added but you don’t want to go to court ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
Thank you for your letter of <span style="color:red">23/06/2006 </SPAN>. We are very disappointed that we seem unable to reach a satisfactory compromise in this case. <br />
<br />
As we have already explained, we can only afford <span style="color:red">£71 per month</SPAN> at the present time. This is the only realistic payment proposal bearing in mind the enclosed personal budget sheet. <br />
<br />
You have stated in correspondence your intention to commence proceedings in the county court against us. The commencement of legal proceedings under such circumstances could be counter to the ‘Overriding Objectives’ of the new Civil Procedure Rules. You will be aware that the Overriding Objectives underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre−action protocol, the court will expect the parties “to act reasonably…….. In trying to avoid the necessity for the start of proceedings”.<br />
<br />
We would suggest that your refusal to accept our offer could be viewed as unreasonable and we would ask the court to consider this matter with reference to the Overriding Objectives.<br />
<br />
The offer of <span style="color:red">£71 </SPAN> is of course still open to you to accept.<br />
<br />
Yours faithfully<br />
</div></blockquote><br />
|}<br />
<br />
== Letter H - When a creditor asks you to agree to a voluntary charge against your home ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
Further to our meeting of <span style="color:red">23/06/2006,</SPAN> we are writing to confirm that we are not prepared to agree to a voluntary charge on our property as requested by you, in respect of the debt to your company.<br />
<br />
As already discussed with you, we have a number of creditors, apart from yourselves. To allow you to obtain a charge on our property would be to grant your company preferential status, and could therefore prejudice the rights of our other creditors, all of whom have already accepted our proposals without any request for additional security.<br />
<br />
In addition, whilst it is not our intention in any way to be unco−operative, we are not prepared to allow a debt which is currently unsecured to become a secured debt and therefore put our home at risk.<br />
<br />
As you will see from the Personal Budget which we have already submitted an offer to your company is still open for you to accept. This is based on our income and expenditure, and a pro rata of equitable distribution of available income. We would therefore hope that you will follow the lead taken by the other creditors, and accept our proposals without attaching unnecessary conditions.<br />
<br />
Furthermore, whilst of course we wish to avoid county court action, we are aware that were your company to pursue this debt through the county court, the court would look at our circumstances and order a level payment which we could afford, and in addition would freeze interest on the account.<br />
<br />
We would bring to your attention that following the case of Mercantile Credit Ltd−v−Ellis and others in the Court of Appeal on March 11th 1987, if we were to maintain payments as ordered by the court, your company would be unable to obtain a Charging Order against us. This is further reason why we do not wish to allow a charge on our home.<br />
<br />
In light of the other creditors agreeing to our repayment plan, please would you reconsider our offer. We will be making the payments in line with the offer to our company, on a monthly basis, as a gesture of goodwill.<br />
<br />
May we take this opportunity of expressing our sincere hope that we can come to a mutually acceptable arrangement, that will allow repayment to our creditors at a level which is affordable based on our circumstances.<br />
<br />
We look forward to your co−operation in this matter.<br />
<br />
Your sincerely</div></blockquote><br />
|}<br />
<br />
== Letter I - Request for a stay of execution in the High Court ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Case Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
We are unable to pay the sum claimed immediately and wish to apply for a stay of execution.<br />
<br />
We therefore enclose an application and <span style="color:red">affidavit/witness</SPAN>statement in support of our application for a stay. <br />
<br />
You will note that we are able to make a repayment proposal of <span style="color:red">£xxx</SPAN> per month and that our first monthly instalment could be made on <span style="color:red">xx/xx/xxxx </SPAN><br />
<br />
We have examined our full financial circumstances and believe that this sum represents a realistic amount. We hope therefore that you will be able to accept the repayment schedule.<br />
<br />
Yours faithfully<br />
</div></blockquote><br />
|}<br />
<br />
== Letter J - Full and final settlement for any debt ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
We write with reference to the money which you are claming on the above account. <br />
<br />
We can confirm that we are unable to offer to pay the money which we owe in full. However, I can raise <span style="color:red">£400 </SPAN>and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.<br />
<br />
We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.<br />
<br />
Payment can be made within <span style="color:red">1 m onth</SPAN>of receiving your written agreement of this offer and method of payment.<br />
<br />
We look forward to receiving your reply.<br />
<br />
Yours faithfully<br />
<br />
</div></blockquote><br />
|}Mrs L Y Rutherford<br />
<br />
== Letter K - Ask creditors to write off the debt due to your circumstances ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
Further to our recent letter, we enclose a copy of our Personal Budget sheet which gives details of our present financial circumstances.<br />
<br />
As you can see our outgoings are more than our income and we are experiencing extreme financial hardship. We would be very grateful if you would consider writing off the outstanding debt owing. We have always taken very seriously our financial responsibilities but unfortunately our circumstances are so bad that we cannot realistically maintain payments of any kind. <br />
<br />
Please take the following special information into account when making your decision.<br />
<span style="color:red">Paragraph outlining the special circumstances you have that you want the creditor to take into account</SPAN>.<br />
<br />
As you can see our situation is very unlikely to improve in the future, and our continued high debt level may have a serious effect on our physical and mental wellbeing. We would therefore be grateful if you would seriously consider our request for the debt to be written off.<br />
<br />
We would appreciate any help you can give us.<br />
<br />
Yours faithfully <br />
</div></blockquote><br />
|}<br />
<br />
== Letter L - Ask your creditors to reconsider if they refuse to write off the debt ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
Thank you for your letter, concerning the above account. We are sorry that you are unable to write off the outstanding debt.<br />
<br />
The majority of our creditors have agreed to the request that the debt be written off. They have accepted that our circumstances are such that we cannot realistically maintain payments of any kind.<br />
<br />
We would therefore be grateful if you would reconsider your decision not to write off this debt. Please take the following information into account when making your decision.<br />
<span style="color:red">Paragraph outlining the special circumstances you have that you want the creditor to take into account</SPAN>.<br />
<br />
We would therefore be grateful if you would give careful reconsideration of your decision not to write off this debt. Should you not feel able to agree to this request, please consider accepting token payments on this account of £1 per month. As you will see from the enclosed personal budget sheet we have no available income and are not in a position to make realistic offers of payment. Additionally we would also ask that any interest and charges on the account be frozen to avoid the situation worsening.<br />
<br />
Yours faithfully<br />
</div></blockquote><br />
|}<br />
<br />
== Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.<br />
<br />
We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”<br />
<br />
We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.<br />
<br />
The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.<br />
<br />
The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.<br />
<br />
We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.<br />
<br />
We look forward to your reply.<br />
<br />
Yours faithfully<br />
</div></blockquote><br />
|}<br />
<br />
<br />
== Letter N - Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974 ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement. <br />
<br />
We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.<br />
<br />
We understand a copy of our credit agreement should be supplied within 12 working days.<br />
<br />
We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.<br />
<br />
We look forward to hearing from you.<br />
<br />
Yours faithfully<br />
</div></blockquote><br />
|}<br />
<br />
== Letter O - Mortgage shortfalls: Breakdown of balance owed ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN><br />
<br />
Thank you for your letter call concerning the above account. We do not acknowledge the claim. Please supply us with a full breakdown of the balance claimed under the above account.<br />
<br />
In order for us to deal with the matters you raised, we should be grateful if you would supply we with answers to the following points:<br />
<br />
*When did the arrears begin?<br />
*When was the last payment made on the account?<br />
*When was any Possession Order given?<br />
*When was the house sold?<br />
*What valuations were made on the property before the sale?<br />
*What costs were involved in maintaining the property during the period between the repossession and the sale?<br />
*How was the house marketed and sold and at what price?<br />
*What costs were involved in selling the property?<br />
*Has a claim been made against the indemnity insurance and how much was recovered?<br />
*How has interest been calculated from the start of the arrears?<br />
<br />
Please supply us with a full breakdown of the balance claimed under the above account. We look forward to receiving your reply as soon as possible.<br />
<br />
Yours faithfully<br />
</div></blockquote><br />
|}<br />
<br />
<br />
<br />
<br />
<br />
== Letter P - Mortgage shortfalls: Please write off the debt ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
Further to our recent , We enclose a copy of our Personal Budget sheet which gives details of our present financial circumstances. As you can see our outgoings are more than our income and we are experiencing extreme financial hardship. <br />
<br />
We would be very grateful if you would consider writing off the outstanding debt owing. We have always taken very seriously our financial responsibilities but unfortunately our circumstances are so bad that we cannot realistically maintain payments of any kind. We understand that under the “FSA Mortgage Conduct of Business Rules” a lender is not required to recover a mortgage shortfall debt where it is considered unviable to do so. <br />
<br />
Please take the following special information into account when making your decision.<br />
<span style="color:red">Paragraph outlining the special circumstances you have that you want the creditor to take into account</SPAN>.<br />
<br />
As you can see our situation is very unlikely to improve in the future, and our continued high debt level may have a serious effect on our physical and mental wellbeing. We would therefore be grateful if you would seriously consider our request for the debt to be written off.<br />
<br />
We would appreciate any help you can give us.<br />
<br />
Yours faithfully<br />
</div></blockquote><br />
|}<br />
<br />
== Letter Q - Mortgage shortfalls: Full and final settlement letter ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
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<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
We write with reference to the money which you are claiming on the above account. We can confirm that we are unable to offer to pay the money which you claim we owe in full.<br />
<br />
<span style="color:red">Paragraph outlining the special circumstances you have that you want the creditor to take into account</SPAN>.<br />
<br />
However, we can raise £775 and we want to offer this as an ex−gratia payment in full and final settlement of the account, including any subsequent third party claim. This is not an acceptance of any liability for the amount claimed. This offer is made on the clear understanding that, if accepted, neither you nor any associate company, will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released from any further liability.<br />
<br />
We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as “satisfied” in full. Payment can be made within 2 weeks of receiving your written agreement to this offer and indication of your desired method of payment.<br />
<br />
We look forward to receiving your reply.<br />
<br />
Yours faithfully<br />
<br />
</div></blockquote><br />
|}<br />
<br />
== Letter R - Mortgage shortfalls: Lender should not pursue under CML policy ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
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<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
You have contacted us regarding the amount you claim is owed as a shortfall on the mortgage following the sale of our property.<br />
<br />
We understand you are a member of The Council of Mortgage Lenders. As you will be aware, The Council of Mortgage Lenders has the following policy on obtaining repayment of shortfall debts. This applies to all Council of Mortgage Lenders members.<br />
<br />
“Lenders are committed to fair and sympathetic treatment of people who have suffered repossession, and accept that individuals should not face long delays before lenders contact them to discuss repayment of the shortfall”.<br />
“From 11th February 2000 lenders who are members of The Council of Mortgage Lenders have agreed voluntarily that they will begin all recovery action for the shortfall within the first six years following the sale of a property in repossession. Anyone whose property was taken into possession and sold more than 6 years ago, and who has not been contacted by their lender about recovering any outstanding debt will not now be asked to pay the shortfall”.<br />
<br />
We would point out that the property in question was sold on <span style="color:red">01/01/2000</SPAN>. Also the first contact we had from yourselves was by in writing on <span style="color:red">23/06/2006</SPAN>. We therefore suggest that under The Council of Mortgage Lenders policy our property was sold more than 6 years and we have not been contacted by yourselves within that time. Therefore we should not be asked to pay any shortfall debt outstanding.<br />
<br />
We would also point out that from 31st October 2004 the Financial Services Authority have issued “The Mortgage Conduct of Business Rules” which say that if a lender decides to recover a mortgage shortfall debt they must make sure the borrower is informed of this within 6 years of the date of sale. <br />
<br />
We look forward to your confirmation in writing that any outstanding shortfall debt will not be pursued against us any further.<br />
<br />
Yours faithfully,<br />
</div></blockquote><br />
|}<br />
<br />
== Letter S - Inform your creditor that you are terminating your hire purchase/condition ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam<br />
<br />
Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> <br />
<br />
Voluntary Termination<br />
<br />
We are writing to notify you that we are exercising our right to terminate the Agreement under Section 99 of the Consumer Credit Act 1974.<br />
<br />
We understand that we will be liable to you for the amount calculated under the formula in Section 100 of the Consumer Credit Act 1974.<br />
<br />
Please send us details of how the vehicle can be returned to you.<br />
<br />
Please confirm receipt of this request by telephone to us on <span style="color:red">01103 555666</SPAN>.<br />
<br />
Yours faithfully<br />
<br />
</div></blockquote><br />
|}<br />
<br />
<br />
== Letter T - Failure by Creditor/DCA to Supply Agreement ==<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
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<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
<span style="color:red">[Your Address]<br />
<br />
<br />
June 28, 2006<br />
<br />
<br />
The Loan Company<br />
<br />
Company House,<br />
<br />
Church Street,<br />
<br />
Newtown,<br />
<br />
Kent,<br />
<br />
R1 7HG</SPAN><br />
<br />
Dear Sir/Madam,<br />
<br />
<center>'''Account In Dispute<br />
<br />
Letter Before Action'''</center><br />
<br />
I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.<br />
<br />
As <span style="color:red">**DCA** </SPAN> have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.<br />
<br />
The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on <span style="color:red">XX/XX/XX </SPAN> and <span style="color:red">XX/XX/XX </SPAN> respectively.<br />
<br />
As you are no doubt aware subsection (6) states:<br />
<br />
If the creditor under an agreement fails to comply with subsection (1)—<br />
<br />
(a) He is not entitled, while the default continues, to enforce the agreement; and<br />
(b) If the default continues for one month he commits an offence.<br />
<br />
Therefore as at <span style="color:red"> XX/XX/XX </SPAN> this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.<br />
<br />
If <span style="color:red">**DCA** </SPAN> chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.<br />
<br />
It is also my belief that your continued pursuance of this matter also constitutes an<br />
offence under Section 40 of the Administration of Justice Act 1970.<br />
<br />
Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.<br />
I also require a copy of your internal complaints procedure as further action may be necessary.<br />
<br />
I would appreciate your due diligence in this matter.<br />
<br />
I look forward to hearing from you in writing.<br />
<br />
Yours Faithfully </div></blockquote><br />
|}<br />
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[[Category:Standard_Letters]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Statutory_Demands&diff=3486Statutory Demands2010-06-11T15:36:54Z<p>Mbrowne: </p>
<hr />
<div>== Debt Collection Agencies & Statutory Demands ==<br />
<br />
<br />
<br />
<br />
Of late, more and more Debt Collection agencies seem to have a penchant for bankruptcy proceedings rather than going down the traditional route of County Court money judgments. It may seem that these agencies send out Statutory Demands purely as a scare tactic but each case should be treated as if the intention is to issue the Creditor’s petition. <br />
<br />
The service of a Statutory Demand can be by various means, it may be possible to speculate on how serious the creditor is depending on their choice of service, however, the fact that the demand is posted shouldn’t allow an assumption to made that the creditor will not follow up with the petition. 1st Credit/Connaught have been sending their Statutory Demands out via 2nd class pot, this I was hoping to challenge. <br />
<br />
The wording of CPR PD INSOLV 11.1 states: "where it is not possible to effect prompt personal service, service may be effected by other means such as first class post...", which does not entirely rule out second class post. However, it would probably be possible to obtain an extension of time in which to respond to the demand if sending it by second class post meant that it actually arrived later than the seventh day after posting, which is deemed to be the date of service for a Statutory Demand sent by first class post.<br />
<br />
Under further investigation of the Insolvency practice directions it should be noted that the service of the Statutory Demand should only be served by post if the creditor has tried to bring it to the debtor’s attention via a personal service, where possible. The process involved is set out in CPR PD INSOLV 11.4 .<br />
<br />
The creditor is under obligation to take reasonable steps to bring the demand to the debtor’s attention and if, practicable, personal service should take place. Where this is not possible, the creditor is allowed to serve the demand either via post or through a letterbox, but it is expected that following steps have taken place first:<br />
<br />
*One personal visit to each of the debtor’s known residencies and places of business<br />
<br />
*If it is not possible to serve the Statutory Demand during the visit(s), a letter should be sent to the debtor making her/him aware of the visit(s) have taken place and purpose of the visit(s). The letter should also state that another visit will be made for the same purpose and specify the date, time and place. At least two business days’ notice must be given. The letter should also state that if the time and place are inconvenient, the debtor should name a reasonable alternative. The letter can also state that if the debtor fails to keep the appointment, the demand will be posted/inserted through a letterbox and, if a bankruptcy petition is presented, the court will be requested to accept this as a service of demand. Copies of the letter should be sent to all known addresses of the debtor.<br />
<br />
If the creditor presents a bankruptcy petition to the court, an affidavit has to be sworn giving details of service of the Statutory Demand. If a demand was not served personally and no written acknowledgement of service has been received from the debtor, the creditor must set out the steps it has taken to ensure the demand has been served on the debtor. If the court is not satisfied that the creditor has carried out their obligations, it can refuse to issue a petition. <br />
<br />
So, to move forward with challenging the creditors there are a few things the debtor could consider doing. <br />
<br />
*Check whether the creditor or agency has the right to chase the debt in the first instance. Has the debtor received a default notice? If the debt has been transferred, a notice of assignation? <br />
<br />
*Request a copy of the agreement/statement of account under s77-79 CCA 1974. Some debt collection agencies are very bad at having the correct paperwork; some might try and fob you off with an application form. Check if the amount being chased is inclusive of any excessive fees and charges. There may be the opportunity to have the Statutory Demand set aside on the grounds that the debt is disputed. It could well be that the debtor has a counterclaim equal or greater than the sum claimed by the creditor.<br />
<br />
*The demand doesn’t comply with the Insolvency Rules 1986, in this ground it must be shown that an injustice has been caused, eg, the demand is confusing and the debtor cannot reasonably understand the true position between her/himself and the creditor. <br />
<br />
<br />
== Stopping the Creditor’s Petition ==<br />
<br />
If all attempts to halt the Statutory Demand fail it is still possible to avoid bankruptcy. Any opposition to the order being made will need to be filed at least 7 days prior to the hearing setting out the grounds. In order to justify a dismissal, the debtor would need to show a “substantial injustice”. The courts’ powers to make a bankruptcy order are discretionary, under r6.25(1) IR 1986 a court may make an order if it is satisfied that the statements in the petition are true and that debt on which it is founded has not been paid or secured or compounded. s271(1) IA 1986 prohibits the court from making a bankruptcy order unless it is satisfied that:<br />
<br />
*The debt has not been paid; or<br />
<br />
*The debt has not been secured to the creditor’s satisfaction; or<br />
<br />
*The debt has not been compounded for; or<br />
<br />
*The debt is one which will become payable in the future and the debtor does not have a reasonable prospect of being to pay it when it becomes due<br />
<br />
<br />
s271(3) IA 1986 gives the court power to dismiss the petition if it is satisfied that any of the following apply:<br />
<br />
*The debtor is able to pay ALL her/his debts; or<br />
<br />
*The debtor has made an offer to secure or compound for the debt and the creditor has unreasonably refused it. (The onus would be on the debtor to prove that the debt was unreasonable refused – the offer would have to be realistic and practicable. A creditor is entitled to consider their own interests, but a rigid application of an organisation’s policies could amount to “institutional unreasonableness”. My own interpretation is that if a creditor doesn’t adhere to the OFT debt collection guidance then I would argue there is institutional unreasonableness being carried out. Whether or not a judge would agree is another story!<br />
<br />
<br />
== Other possible defences: ==<br />
<br />
*The debt is subject to a judgment or order of the court which is payable by instalments and no default has occurred or enforcement has been suspended<br />
<br />
*The debt is subject to a judgement or order of the court and an appeal is pending.<br />
It might be possible to apply for a Time Order under s129 of the CCA 1974.<br />
<br />
*The debt is subject to a judgment or order, but the court considers, in the particular circumstances of the case, that this does not prove there is a legitimate bankruptcy debt . <br />
<br />
*The amount of the debt was overstated on the Statutory Demand and the actual amount owed has been paid within 21 days of service. <br />
<br />
*The debt is £750 or more but there is a bona fide dispute, which would bring the undisputed amount to below £750. <br />
<br />
*An IVA interim order has been made<br />
<br />
*There is an outstanding application for the Statutory Demand to be set aside. <br />
<br />
If any of the rules have not been complied with or the court feels that the petition should be dismissed or proceedings stayed “for any other reason”. <br />
<br />
== In summary ==<br />
<br />
As it seems that the use of bankruptcy proceedings is likely to increase the question should raised whether or not it is fair for debt collection agencies to use these tactics as a first resort. The whole question of “is it reasonable?” should be aired and the debtor should certainly consider complaining about any unfair tactics adopted by these firms. Is a debt collection agency “fit” to hold a consumer credit licence if they seem not to adhere to the OFT’s guidance on debt collection guidance? Here is hoping that the recent changes to allow the FOS to investigate consumer credit complaints and the forthcoming changes to the Consumer Credit Act assist in preventing growth in this current oppressive trend. <br />
<br />
<br />
== Things to check ==<br />
<br />
*Was the Statutory Demand served correctly?<br />
<br />
*Are there any possible grounds to set the Statutory Demand aside?<br />
<br />
*Does the Debt Collection Agency have the right to chase the debt? <br />
<br />
*Is it likely that the DCA will issue a Creditor’s petition?<br />
<br />
*Is it possible to oppose the Creditor’s petition?<br />
<br />
*Is it possible to arrange an alternative to bankruptcy? (i.e. Voluntary Charge)<br />
<br />
<br />
== The Statutory Demand ==<br />
<br />
<br />
When properly served, and it has to be formally served this is a legal notice from the creditor to the debtor giving them 21 days to settle the debt otherwise a bankruptcy petition may be issued<br />
<br />
View a statutory demand as a warning shot. Generally the courts have frowned on Statutory Demands as a method of debt collection. In many case with consumer as opposed to commercial debt the creditor does not persue the bankruptcy route BUT if the Demand is served on you personaly, that is by a process server as opposed to by post the take it very seriously indeed.<br />
<br />
====Who can Issue a statutory demand?====<br />
Anyone can - it is not a document that is issued at Court, generally they are held on Debt Collectors computers and just filled in with your details. It is not even a requirement to serve one before a bankruptcy petiton is issued, but it does make the creditors life easier if one is served.<br />
<br />
<br />
====Legal Loophole in a Statutory Demand====<br />
A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of '''[http://www.insolvency.gov.uk/insolvencyprofessionandlegislation/legislation/uk/insolvencyrules.pdf The insolvency Rules 1986.]'''<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
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<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
6.2.— Information to be given in statutory demand<br />
<br />
(1) The statutory demand must include an explanation to the debtor of the following matters—<br />
<br />
(a) the purpose of the demand, and the fact that, if the debtor does not comply with the demand, bankruptcy proceedings may be commenced against him;<br />
<br />
(b) the time within which the demand must be complied with, if that consequence is to be avoided;<br />
<br />
(c) the methods of compliance which are open to the debtor; and<br />
<br />
(d) his right to apply to the court for the statutory demand to be set aside.<br />
<br />
(2) The demand must specify one or more named individuals with whom the debtor may, if he wishes, enter into communication with a view to securing or compounding for the debt to the satisfaction of the creditor or (as the case may be) establishing to the creditor's satisfaction that there is a reasonable prospect that the debt will be paid when it falls due.<br />
<br />
In the case of any individual so named in the demand, his address and telephone number (if any) must be given. </div></blockquote><br />
|}<br />
<br />
<br />
This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid.<br />
Be aware that named people on accompanying letters are not part of the Statutory Demand - only those on the Demand itself are valid.<br />
<br />
'''Important''' - make notes of dates/times you try to call the named person on the statutory demand, togerther with the name of the person that you spoke to and a note of what was said.<br />
<br />
====The 'First Credit' Scenario====<br />
<br />
First Credit (debt collection agency) have (as at December 2007) been issuing statutory demands where it has not been possible to contact the name given on the demand because the call centre will not put you through. This has the effect of nullyfying their ability to follow through their bankruptcy threat.<br />
<br />
'''Why do this?'''<br />
<br />
Most people panic when the word bankruptcy is mentioned and a statutory demand usually appears all 'official' as from a court so it makes you act.<br />
<br />
<br />
====When to worry about a Statutory Demand====<br />
<br />
Providing it has been served correctly you must treat it as a matter of urgency. Especially if the person/business behind the demand:<br />
<br />
* Is willing and able to take you to court to recover their monies<br />
* Is upset with you and the threat is more emotionally based than financial<br />
* Knows that the attempt to make you bankrupt will affect your professional reputation (all bankruptcy hearings are public knowledge, regardless of outcome)<br />
<br />
<br />
====How to prevent a statutory demand escalating to a bankruptcy petition====<br />
<br />
* Reduce the debt owed to the creditor to below £750 (The legal minimum amount owed that can result in a bankruptcy order)<br />
* Apply for the demand to be set aside but only if you have proper grounds<br />
* Make an offer to settle or compound the debt/s to the creditors satisfaction.(For example offering some security).<br />
<br />
<br />
====How to Set Aside a statutory demand====<br />
<br />
'''Note:This must be done within 18 days of the demand being served'''<br />
<br />
* Dispute the amount owed (proof is required). This will only apply if the dispute is genuine and the value of the dispute reduces the undisputed sum to below £750<br />
* The Creditor serving the demand holds security/assets of yours that are equal to or worth more than the claim<br />
* The amount owed is below £750<br />
* The person sreved the statutory demand owes you money amounting to the same value or more than they are claiming from you also - this is called a counterclaim or set off and there must be a Triable issue between you<br />
* The demand is served in error<br />
* The creditor failed to comply with the rules - such as the delivery of the statutory demand. Though in this case the court will usually allow the demand to stand unless there has been any real prejudice or injustice.<br />
<br />
Forms to set aside a statutory demand can be obtained below directly from the insolvency website<br />
<br />
'''[http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf Form 6.4 "Set aside a statutory Demand" (pdf)]'''<br />
<br />
'''[http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf Form 6.5 "Affidavit supporting form 6.4" (pdf)]'''<br />
====Filling in Set Aside Forms 6.4 & 6.5====<br />
<br />
This is how to fill in the application forms to set aside a Statutory Demand.<br />
<br />
(Go Debt has been used as an example)<br />
<br />
[[Image:Set Aside.jpg]]<br />
[[Image:Set aside 2.jpg]]<br />
== Related Pages ==<br />
[[Creditors and DCAs]]<br />
<br />
[[Debt: Glossary of Terms]]<br />
<br />
[[Dealing With Debt: Common Mistakes]]<br />
[[Category:Legal_Information]]<br />
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[[Category:General_Consumer_Issues]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=File:Set_aside_2.jpg&diff=3485File:Set aside 2.jpg2010-06-11T15:32:58Z<p>Mbrowne: </p>
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<div></div>Mbrownehttp://consumerwiki.co.uk/index.php?title=File:Set_Aside.jpg&diff=3484File:Set Aside.jpg2010-06-11T15:32:18Z<p>Mbrowne: </p>
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<div></div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Harassment_by_telephone&diff=3480Harassment by telephone2009-12-26T21:44:33Z<p>Mbrowne: </p>
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<div>== Harassment by Telephone - Response Letter ==<br />
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<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> <br />
Your Street<br />
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Town<br />
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City<br />
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Postcode<br />
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DATE HERE<br />
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Company Name<br />
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Road<br />
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Town<br />
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City / County<br />
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Postcode<br />
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<br />
<br />
Dear Sirs<br />
<br />
<center>''' <u>Harassment by telephone</u>'''</center><br />
<br />
<br />
'''Account Number:''' XXXXXXX<br />
<br />
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.<br />
<br />
I have verbally requested that these stop, but I am still receiving calls. <span style="color:red">(Delete if necessary) </SPAN> <br />
<br />
I now require all further correspondence from your company to be made in writing only.<br />
<br />
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.<br />
<br />
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.<br />
<br />
Be advised that any further telephone calls from your company will be recorded. <span style="color:red">(**Even if you don‘t yet have recording equipment!!**) </SPAN> <br />
<br />
<br />
Yours faithfully,<br />
<br />
<br />
<br />
[NAME HERE]<br />
</div></blockquote><br />
|}<br />
[[Category:Bank_Charges]]<br />
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[[Category:Legal_Information]]<br />
<br />
[[Category:Standard_Letters]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=DCA:_Non-Compliance_of_CCA_Request&diff=3478DCA: Non-Compliance of CCA Request2009-10-16T16:03:04Z<p>Mbrowne: </p>
<hr />
<div>== Non-Compliance of CCA Request ==<br />
<br />
The Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement, after which they are in default. After a further 30 calendar days they are committting a summary criminal offence.<br />
<br />
<br />
Carefully adapt the following letter (courtesey of CurlyBen) to reflect your circumstances and send off to the original creditor or debt collecting agency<br />
<br />
<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
<br />
Account In Dispute<br />
<br />
Ref:<br />
<br />
Dear Sir/Madam<br />
<br />
'''DO NOT IGNORE THIS LETTER - LITIGATION ADVICE'''<br />
<br />
Thank you for your letter of <span style="color:red">xx/xx/xx </SPAN> , the contents of which have been noted.<br />
<br />
You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.<br />
<br />
On the <span style="color:red">**DATE** </SPAN> I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).<br />
<br />
On <span style="color:red">**DATE** </SPAN> a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.<br />
<br />
To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.<br />
<br />
These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.<br />
<br />
In my letter of the <span style="color:red">**DATE** </SPAN> I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.<br />
<br />
Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.<br />
<br />
This period has expired.<br />
<br />
As you are no doubt aware section 77(6) states:<br />
<br />
If the creditor fails to comply with Subsection (1)<br />
<br />
(a) He is not entitled , while the default continues, to enforce the agreement.<br />
<br />
<br />
Therefore this account has become unenforceable at law.<br />
<br />
You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.<br />
<br />
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.<br />
<br />
Furthermore I shall counterclaim that any such action constitutes unlawful harassment.<br />
<br />
Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.<br />
<br />
This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.<br />
<br />
Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.<br />
<br />
It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.<br />
<br />
Should you not respond within 14 days I expect that this means you agree to remove all such data.<br />
<br />
Furthermore you should be aware that a creditor is not permitted to take ANY<br />
Action against an account whilst it remains in dispute.<br />
<br />
The lack of a credit agreement is a very clear dispute and as such the following applies.<br />
<br />
* You may not demand any payment on the account, nor am I obliged to offer any payment to you.<br />
* You may not add further interest or any charges to the account.<br />
* You may not pass the account to a third party.<br />
* You may not register any information in respect of the account with any credit reference agency.<br />
* You may not issue a default notice related to the account.<br />
<br />
<br />
I reserve the right to report your actions to any such regulatory authorities as I see fit.<br />
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.<br />
<br />
Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue. <br />
<br />
This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems. <br />
<br />
Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped. <br />
<br />
This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution. <br />
<br />
Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. <br />
<br />
Communicate in writing and ONLY in writing, your telephone calls will NOT be answered. <br />
<br />
HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES. <br />
<br />
I would appreciate your due diligence in this matter.<br />
<br />
I look forward to hearing from you in writing.<br />
<br />
Yours faithfully<br />
</div></blockquote><br />
|}</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Bailiffs:_Check_a_Bailiffs_Credentials&diff=3467Bailiffs: Check a Bailiffs Credentials2009-08-20T12:20:40Z<p>Mbrowne: /* On-line Search to Check if a Bailiff is Certificated */</p>
<hr />
<div>== Check a Bailiffs Credentials ==<br />
<br />
'''The bailiff must be certificated'''<br />
<br />
If you have the name of the bailiff, then call the Ministry of Justice on 020 3334 3555 and ask for details of the certificate. Their list is not always up to date however but they will be able to tell you which court issued the original certificate and you can then call that court.<br />
<br />
You can also check with the OFT who maintain a register of bailiffs at this number 020 7211 8608 .<br />
<br />
== On-line Search to Check if a Bailiff is Certificated ==<br />
<br />
<br />
On 17th March 2009 the Ministry of Justice announced plans for a new code regulating the activities of bailiffs and one of the changes was to introduce a much needed certificated bailiff register allowing debtors to check on-line whether a bailiff is certificated.<br />
<br />
This is now available from the following link: [http://www.hmcourts-service.gov.uk/CertificatedBailiffs/ '''here''']<br />
<br />
As you will see, you may search by either providing the bailiffs first name, surname or employers name.<br />
<br />
Could you please note that a bailiff’s certificate is valid for just 2 years.<br />
<br />
If your search reveals that the bailiff is working for a different company it is important to be aware that statutory regulations laid down by Parliament state that if there are '''"any changes"''' to the certificate then the bailiff must '''“without delay”''' give notice to the Court and a new certificate will be issued to him reflecting the changes. This is vitally important because in almost all cases, '''the bailiff’s bond will be cancelled''' when he leaves his previous employer!!<br />
<br />
This is a big database to put together and for it to be totally accurate requires input from each and every "issuing court" in the Country and Bailiff companies and individual Bailiffs as well.<br />
<br />
If a bailiff is not showing as certificated then the following text message can be sent to him or her:<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font>I have searched the Ministry of Justice website and this does not show you a being certificated. Can you confirm to me what date you were granted a certificate and at which court? </div></blockquote><br />
|}<br />
<br />
<br />
Any bailiff who is in receipt of a valid bailiff's certificate should have no difficulty at all in responding to this text message within a very quick period of time.<br />
<br />
As I have said many times here on the forums, it is '''always''' the case that if you have a complaint about a certificated bailiff then this should first be sent to the bailiff company to address and a Form 4 Complaint to the County Court should wait until the company have had an opportunity to sort out the complaint.<br />
<br />
As a Form 4 Complaint can have serious repercusssions for the individual bailiff, the County Courts also expect that the debtor should at least allow the company to have the opportunity to sort out the complaint. By doing this you will avoid being criticised by the Court.<br />
<br />
PS: As the bailiff is working as an '''"agent"''' for the local authority, a copy of your complaint should be sent to the council as well and you need to ensure that you request that it is recorded as a formal complaint.<br />
<br />
With thanks to Tomtubby<br />
<br />
<br />
<br />
'''The bailiff or his firm must be licensed to trade in debt recovery'''<br />
<br />
He must have a '''[http://www.tameside.gov.uk/licensing/credit Category E]''' Consumer Credit License pursuant to Section 21(1) of the '''[http://www.johnantell.co.uk/CCA1974.htm Consumer Credit Act 1974]''' otherwise they are committing an offence under Section 39(1) of the Act. Check the Consumer Credit Licensing Public Register on 0207 211 8608 and press 1 to search register.<br />
<br />
<br />
'''The bailiff charged a credit card fee'''<br />
<br />
The bailiff or his firm must be licensed to trade in credit brokerage, or for processing regulated credit transactions between a lender and a borrower. He must hold a '''[http://www.tameside.gov.uk/licensing/credit Category C]''' consumer Credit License pursuant to Section 21(1) of the '''[http://www.johnantell.co.uk/CCA1974.htm Consumer Credit Act 1974]''' otherwise they are committing an offence under Section 39(1) of the Act. Check the Consumer Credit Licensing Public Register on '''0207 211 8608''' and press 1 to search register. The law does not provide bailiff’s charging fees that are not prescribed and is an offence under Section 2 of the Fraud Act 2006.<br />
<br />
<br />
'''The bailiff charged interest.'''<br />
<br />
The bailiff or his firm be licensed in consumer credit and he must hold a '''[http://www.tameside.gov.uk/licensing/credit Category A]''' consumer Credit License pursuant to Section 21(1) of the '''[http://www.johnantell.co.uk/CCA1974.htm Consumer Credit Act 1974]''' otherwise they are committing an offence under Section 39(1) of the Act. Check the Consumer Credit Licensing Public Register on '''0207 211 8608''' and press 1 to search register. In any event, the bailiff would have to provide you with a regulated loan agreement setting out the rate of interest and loan period and be able to give you a written quotation before you agree to a loan. The law does not provide for bailiffs charging interest (unless it’s awarded under Section 69 of the County Courts Act 1984) and is an offence under Section 2 of the Fraud Act 2006.<br />
<br />
With thanks to 10110001</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Natwest&diff=3466Natwest2009-08-19T14:12:21Z<p>Mbrowne: /* Contact Details */</p>
<hr />
<div>== Description of Charges ==<br />
<br />
Card Misuse Fee (Changed to Guaranteed Card Payment Fee)<br><br />
Cheque Return Fee<br><br />
Default Notice Fee<br><br />
Guaranteed Card Payment Fee<br><br />
Paid Referral<br><br />
Unarranged Borrowing Fee '''NB''' (Unarranged Borrowing Fee- Name Change. Natwest are changing the name to "Maintenance Fee" with effect from August 10th <br />
'''NB''' These will appear on statements this month)<br><br />
Unpaid Item Fee<br />
<br />
== Contact Details ==<br />
<br />
'''REGISTERED ADDRESS: -'''<br />
<br />
NATIONAL WESTMINSTER BANK PLC<br><br />
135 Bishpsgate,<br><br />
London<br><br />
EC2M 3TP.<br />
<br />
<br />
'''DATA PROTECTION ACT''' <br><br />
<br />
'''Address For a Full bells and whistles S.A.R - (Subject Access Request)'''<br><br />
Data Protection Manager<br><br />
Regulatory Risk<br><br />
2nd Floor<br><br />
Business House B<br><br />
Goggarburn<br><br />
PO Box 1000<br><br />
Edinburgh<br><br />
EH12 1HQ <br />
<br />
<br />
'''Address For S.A.R - (Subject Access Request) Bank statements only'''<br><br />
Customer Relations Services Unit<br><br />
1st Floor<br><br />
Drummond House<br><br />
Redheughs Avenue<br><br />
South Gyle<br><br />
Edinburgh<br><br />
EH11 9JN<br />
<br />
'''or, if you have online banking, follow these instructions:'''<br><br />
1) Log into online banking<br><br />
2) Click Statements on the top left hand side<br><br />
3) View Bank Statements on screen<br><br />
4) Select the account you want then click next<br><br />
5) Hey presto you have the last 6 years statements going back to October 2002.<br />
<br />
<br />
<br />
''' Address for Prelim and LBA''' as from 25th August 2007<br><br />
Customer Service Response Unit<br><br />
The Cornerstone<br><br />
60 South Gyle Crescent<br><br />
Edinburgh<br><br />
EH12 9WF<br />
<br />
'''Address for CCA for Natwest Credit Card'''<br><br />
NatWest<br><br />
Credit Management Services<br><br />
Kendal Court<br><br />
Ironmasters Way<br><br />
Telford<br><br />
TF3 4DT<br />
<br />
'''Natwest Credit Card'''<br><br />
Cards Customer Services<br><br />
Customer Contact Centre<br><br />
PO Box 5747<br><br />
Southend on Sea<br><br />
SS1 9AJ<br />
<br />
'''Address for PPI S.A.R - (Subject Access Request) where a copy/copies of agreement(s) are being requested'''<br><br />
PPI Customer Concerns Team<br><br />
FAO Information Request Team Hardman Boulevard<br><br />
5th Floor, Hardman Boulevard<br><br />
Manchester<br><br />
M3 3AQ.<br />
<br />
<br />
<br />
'''COMPLAINTS DEPARTMENT EMAIL ADDRESS: -'''<br />
<br />
[https://www.natwest.com/secure/global/contact_us/default.htm Online Form]<br />
<br />
or send to [mailto:feedback@NatWest.com feedback@NatWest.com]<br />
<br />
<br />
'''CUSTOMER SERVICE/COMPLAINTS CONTACT NUMBER: -'''<br />
<br />
Contact Your Branch<br />
<br />
<br />
'''INTERNET BANKING WEBSITE: -'''<br />
<br />
[http://www.natwest.com/redirects/onlinebanking/index.asp Log On]<br />
<br />
<br />
'''HOW TO OBTAIN YOUR STATEMENTS ON LINE: -'''<br />
<br />
Only 6 Months available online so send S.A.R - ([[Subject Access Request]])<br />
<br />
<br />
'''OTHER CONTACTS: -'''<br />
<br />
Card Services - fax number + Data Protection Act....01702 278306<br />
<br />
Customers in Financial Difficulty: 0845 600 6423<br />
<br />
<br />
NatWest Customer Relations,<br />
<br />
Freepost NAT12685,<br />
<br />
Borehamwood,<br />
<br />
Hertfordshire.<br />
<br />
WD6 1BR<br />
<br />
<br />
NatWest (or Royal Bank of Scotland).<br />
<br />
Fred Goodwin<br />
<br />
Group Chief Executive<br />
<br />
The Royal Bank of Scotland Group plc<br />
<br />
PO Box 1000<br />
<br />
Edinburgh<br />
<br />
EH12 1HQ<br />
<br />
<br />
OR<br />
<br />
<br />
Gordon Pell<br />
<br />
Chairman and Chief Executive, Retail Banking<br />
<br />
The Royal Bank of Scotland Group plc<br />
<br />
PO Box 1000<br />
<br />
Edinburgh<br />
<br />
EH12 1HQ<br />
<br />
== NatWest Charges-A Guide ==<br />
<br />
'''Uarranged Borrowing Fee or Maintenance Charge'''<br />
<br />
This is when you have an overdraft or not and you go over that. The bank charges through charging periods which last a month and the charge goes out at the end of the month.<br />
<br />
In 2000 it was £14 which then increased to £20 from April 2003 and then £28 from September 2004.<br />
<br />
<br />
'''Unpaid Item/Return Cheque Fee'''<br />
<br />
This appears on the statement and is when there is not sufficient funds in the account the previous working day(mon to Friday) to cover either a cheque, a direct debit or standing order to cover the amount going out. The bank "bounces" or does not pay the item and you get charged for it.<br />
<br />
In 2000 it was £30 which went up to £38 from March 2005 (for businesses this is currently £35). From November 2007 max charge per day is £114 or three items.<br />
<br />
<br />
'''Card Misuse or Guaranteed Card Payment Fee (gtee card pymt)'''<br />
This is when an item is paid by switch and goes through the account when the account is over its agreed or unagreed overdraft.<br />
<br />
In 2000 this was £25 and then went up in March 2005 to £35<br />
<br />
<br />
'''Referral Fee''' <br />
This is when an item is, rather than bounced is paid which takes the account over an agreed or unagreed overdraft by more than £26. 3 charges maximum a month on that last one.<br />
x<br />
It was £25 per item (maximum of £75 per month). This changed in September 2004 to £30 per item (maximum of £90 per month).<br />
<br />
<br />
'''Card Recovery Fee''' <br />
<br />
This is when someone comes round to your house to recover your bank card<br />
<br />
The fee is £125<br />
<br />
== Advantage Gold and Unarranged Borrowing/Maintenance Charge ==<br />
<br />
<br />
Advantage Gold is a service fee so cannot be claimed and Unarranged Borrowing/Maintenance Charge is going over an arranged or unarranged overdraft without prior consent which can be claimed. <br />
<br />
A quick tip as to whether it is or is not an Advantage Gold account is that at the top of the statement it says Advantage Gold. If it was converted back the fee goes out at the end of the following month. The bank has changed the name of Unarraged Borrowing to Maintenance Charge on August 10th 2007.<br />
<br />
'''Some background info first'''<br />
<br />
In 2001, NatWest was taken over by the Royal Bank of Scotland Group and replaced the NatWest computer systems as well as aligning charges to the RBS Bank model of charges. That means that the Advantage Gold charge and the Unarranged Borrowing Fee were put together as one from October 2002.<br />
<br />
'''How much was Advantage Gold and what was the amounts in question?'''<br />
<br />
I am taking my starting point from when it was unclear so October 2002 so, for those that, are claiming so we have the charges as follows:<br />
*October 2002 The Advanntage Gold fee was £6<br />
*September 2003 The fee went up to £9<br />
*From July 2005 it was £10<br />
*From June 2006 it was £12<br />
*From April 28th 2008 it is £12.95<br />
<br />
A quick note though, during 2002/3 there was a special charge for certain people trialling the newer Advantage Gold benefits which was £7.50.<br />
<br />
'''So how do I work out what is the Advantage Gold and Unarranged Borrowing charge?'''<br />
<br />
31 Jan Charges 02jan-A/C XXXXXXXX £40<br />
<br />
<br />
The statement may say:<br />
<br />
Charge £20 so that is £14 Unarranged Borrowing and £6 ADGD fee, <br />
<br />
or £29 which is £20 Unarranged Borrowing and £9 ADGD fee, or £37 which is Unarranged Borrowing and £9 ADGD, <br />
<br />
or £38 which is £28 Unarranged Borrowing and £9 ADGD, or £40 which is £28 Unarranged Borrowing and £12 ADGD fee <br />
<br />
or £40.95 is £28 maintenace charge and £12.95 Advantage Gold.<br />
<br />
However, if you converted the account back from advantage gold partially through the month it may have something like this:<br />
<br />
31Jan06 Charges £34.50 which is £28 Unarranged Borrowing and £6.50 ADGD.<br />
<br />
There are some anomalies outside of this period. Some accounts that have been dowgraded from Advantage Gold will have a partial maintenance Fee charged as well.<br />
<br />
== How do i get the account number when it is closed? ==<br />
<br />
<br />
'''How can NatWest find an account that had been closed?'''<br />
<br />
This advice is specifically for those who's account was open on or prior to October 2002 and information is unfortunately incomplete for post October 2002.<br />
<br />
<br />
'''Why is October 2002 an important date?'''<br />
<br />
On 4th October 2002, NatWest PLC computer system ran for the last time. On October 5th 2002 RBS Group PLC computer system became live with real time banking. <br />
<br />
'''Why is this important?'''<br />
<br />
Effectively NatWest PLC computer system froze in time at the above date. The old NatWest PLC produced a note on customer accounts everytime correspondence, marketing, complaints and charges- when a letter WAS actually sent out to you on every ocassion.<br />
<br />
'''How does that help me to get my account number?'''<br />
<br />
The new RBS Group PLC computer system still has access to the old system called the NatWest Archive which has a search system under name, sort code and gender. Very simple and accessible to all branch staff. So if your account was open on October 5th 2002 then you can go to your branch and get the account number with simple straightforward information.<br />
<br />
'''What else would I need?'''<br />
<br />
Address details for October 2002, identification for yourself(or the branch would be in breach of Data Protection Act and ID procedures) and the details mentioned above,<br />
<br />
'''What about for accounts after October 2002?'''<br />
<br />
On this point Ithis information is incomplete For what its worth NatWest can do a search under name and branch name but it may be difficult to confirm account details as there is no address on this search engine.<br />
<br />
A lot of staff working for RBS Group PLC Data Protection Unit are unaware of a search engine to locate accounts so i thought i would add it here:<br />
<br />
Back Office 04, 26, 45, option 1. This produces 12 options one of them is a search facility. You do need the sort code of the branch you opened the account at plus the post code, Date Of Birth, name, but it takes approximately 30 seconds and any NatWest employee can find it.<br />
<br />
<br />
== Abbreviations on Statements ==<br />
<br />
ATM - Automated Teller (Cash) Machine<br />
<br />
BAC - Automated Credit<br />
<br />
BGC - Bank Giro Credit<br />
<br />
CHG - Charge<br />
<br />
D/D - Direct Debit<br />
<br />
DIV - Dividend<br />
<br />
DR - Account Overdrawn or Debit Item<br />
<br />
IBP - Inter Branch Payment<br />
<br />
INT - Interest<br />
<br />
ITL - International<br />
<br />
NDC - No Dividend Counterfoil<br />
<br />
OTR - Online Banking<br />
<br />
PO - Post Office<br />
<br />
POS - Point of Sale - Switch/Maestro<br />
<br />
S/O - Standing Order<br />
<br />
SBT - Funds Transfer<br />
<br />
TLR - Teller Transaction<br />
<br />
TMS - Travel Money Service<br />
<br />
TSU - Telephone Banking<br />
<br />
<br />
== NatWest Online Statements ==<br />
As from 16th August 2008 you can now view statements on-line back to October 5th 2002<br />
<br />
Quick guide:<br />
*(1) Log into NatWest online banking,<br />
*(2) Go to statements on the right hand side and click on that,<br />
*(3) then on the drop down menu it says "historic transactions" then you need to choose dates not more than 12 months, ie 5th October 2002 until 4th October 2003, etc,etc,.<br />
<br />
<br />
<br />
== Reasons for Account Closures ==<br />
<br />
This are the main reasons for account closures. I am sure someone will say what about this but most will fall within the 9 reasons and not all examples will fit your exact circumstances.<br />
<br />
<br />
'''1)''' Customer Request- This is where you go into the branch or post a request to close the account. The account can only be closed if the balance is at zero or brought to zero if account is overdrawn.<br />
<br />
'''2)'''Dormant account- This is when the account has not been used for a number of years and attempt to contact the customer has been fruitless.<br />
<br />
'''3)''' Account Opening Irregularities- This is when the identification used has not been in accordance with bank procedure or where information on the account opening form does not tie up. The account is closed within 24 hours of opening.<br />
<br />
'''4)''' Credit Management Services- This is where the account has been incurring charges and has gone past the point in which it considered that it can be maintained by the customer. The account is transferred to them and the account is closed once the balance has been paid off.<br />
<br />
'''5)''' Breakdown in Relationship with customer- This can include threats to staff, other customers in the branch and telephone threats.<br />
<br />
'''6)''' Declared Bankrupt- This is bank policy that if someone who is a Bankrupt or made Bankrupt will have their account closed.<br />
<br />
'''7)''' Dubious account activity- This includes using the account for fraudulent purposes.<br />
<br />
'''8)'''Government Sanctions- This is my terminology, where the Government ask for account to be closed because of terrorist activities, global sanctions and the like.<br />
<br />
'''9)''' A second Gesture of Goodwill Payment- This is a rare occurrence that after 2 gesure of goodwill refunds that the account is closed.<br />
<br />
<br />
== NatWest Charges and under 18 years old or card plus account ==<br />
<br />
You cannot be charged anything when you are under the age of 18. You are classed as a minor. That means that if the charges takes you over the 0 mark into minus figures, the bank are by our automated returns policy giving an overdraft to a minor which is both contrary to the Credit Consumer Act and furthermore is contrary to the current terms and conditions. <br />
<br />
'''Condition 6.1.1''' state "unless indicated otherwise in the Account Specific Conditions for your account, arranged overdrafts are available on request if you are aged 18 or over and you satisfy our criteria. We can change your overdraft limit by notifiying you personally to tell you what the new limit will be"<br />
<br />
This could be an unarranged overdraft and therefore not a valid reason.<br />
<br />
'''Account specific terms'''<br />
<br />
Paragraph 2 on Card plus accounts specifically states:<br />
<br />
'''2.5''' "Arranged overdrafts are not permitted on your account. If your account becomes overdrawn, we may inform your parent or guardian."<br />
<br />
Ok same argument but parent or guardian MAY be informed.<br />
<br />
If the account is a card plus there is a term 2.4 "Standing order and direct debit payments are NOT permitted on your account"<br />
<br />
The bank have allowed Direct Debits and standing orders to be set up so when they returned the DD's or SO's they must surely put RD and not charge as it is not a permissable account for them.<br />
<br />
'''Paragraph 2.7''' "When you reach 18 years of age we may change your account to a step account or a current plus account or a student account. We will notify you personally at least 30 days before we do this at which time we will provide you with up to date copis of personal and private banking terms and condions and personal and private banking- a guide to fees and interest."<br />
<br />
Have they done this, really? If not then clearly the argument I have heard that NatWest can take charges from you from the age of 16 years of age is total and utter hogwash. <br />
<br />
<br />
== Related Pages ==<br />
[[Natwest Student Account 2008-9]]<br />
== Other Banks ==<br />
<br />
See the [[Banks]] page for a list of other banks and credit cards<br />
<br />
<br />
'''''Created by [[User:Me01273|Me01273]] 23:17, 28 May 2007 (BST)'''''<br />
<br />
[[Category:Contact_Details]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Bailiffs:_Complaint_Against_a_Council_to_the_LGO&diff=3465Bailiffs: Complaint Against a Council to the LGO2009-08-06T16:15:32Z<p>Mbrowne: </p>
<hr />
<div>[[IMPORTANT...If you need to make a Complaint to the Local Authority then read here.....]]<br />
<br />
(With thanks to Tomtubby)<br />
<br />
It must be remembered that a bailiff enforcing a debt for council tax, National Non Domestic Rates (NNDR) or an unpaid parking ticket is working as a agent for the local authority.<br />
<br />
In this, the local authority cannot simply abdicate responsibility for the actions of their contractor as ultimately, it is the responsibility of the local authority to ensure that a levy is carried out in a lawful manner and that the fees charged by their agents are in accordance with statutory regulations.<br />
<br />
Following a discussion with the Local Government Ombudsman's Office (LGO) they have advised that if you have a Compliant for the Council about their bailiff's then you MUST do the following:<br />
<br />
.<br />
<br />
You must ENSURE that you mark your letter to the local authority: FORMAL COMPLAINT.<br />
<br />
Your letter should be addressed to the CHIEF EXECUTIVE and should be COPIED to the COMPLAINTS DEPARTMENT ( this will ensure that it is registered as a formal complaint).<br />
<br />
If you are unsatisfied with your response from the local authority then you can take your complaint to the Local Government Ombudsman but they will want to see that you have gone through the councils COMPLAINTS PROCEDURE first and that you have allowed the local authority a maximum period of 12 weeks to respond.<br />
<br />
The Local Government Ombudsman's office will need to satisy themselves that you have made it CLEAR to the Local Authority that you are making a FORMAL COMPLAINT.<br />
<br />
<br />
<br />
<br />
<br />
Find the addresses of your local goverment ombudsman '''[http://www.lgo.org.uk/contact.htm here]'''<br />
<br />
Amend as required (With thanks to 10010001)<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
NAME OF OMBUDSMAN<br />
<br />
The Local Government Ombudsman<br />
<br />
Address 1<br />
<br />
Address 1<br />
<br />
Address 1<br />
<br />
POSTCODE<br />
<br />
[DATE]<br />
<br />
Dear Sir/Madam<br />
<br />
<br />
Re: Comlaint of misfeasance against [NAME OF] Council<br />
<br />
I am making this complaint because [NAME OF] Council instructed a firm of bailiffs [NAME OF BAILIFFS] who visited me on [DATE] for collecting [an unpaid parking ticket/unpaid council tax/unpaid business rates/unpaid rent/other] of £[AMOUNT] but the bailiff charged me £[AMOUNT], however on closer inspection of the law that prescribed fees for cerrtificated bailiffs indicated I should only have been charged £[AMOUNT] and I have been defrauded of £[AMOUNT]. I have asked the Council to put things right but they failed to do so and I understand that case law has ruled an authority is liable for the actions of its bailifffs.<br />
<br />
I have had an opportunity to seek advice and I now understand the law that sets prescribed fees for bailiffs is [COPY NAME OF LAW FROM LIST BELOW] and the bailiff is committing an offence under Sections 1 to 5 of the Fraud Act 2006 by defrauding me by making a false representation and misuse of his position to make an unlawful gain or money transfer for himself or another.<br />
<br />
I appreciate the public are generally less-informed of the fee entitlements of bailiffs and Councils that instruct them, but given the nature of this complaint and that money was aquired from me under false pretenses afforded by the council have since fobbed me off with excuses, I ask this matter is put right by the Council and I am awarded a reaonable monetary compensation to offset for my time and resources in seeking Discovery of Information relating to this incident.<br />
<br />
<br />
<br />
<br />
Yours Faithfully<br />
<br />
<br />
<br />
YOUR NAME<br />
<br />
CC The Council. </div></blockquote><br />
|}<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
== List of relevant legislation ==<br />
If this letter is about:<br />
<br />
Council Tax Arrears, insert - '''Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992'''<br />
<br />
County Court Judgement, insert - '''the County Court Fees Order 1982 Amended 1994'''<br />
<br />
A Parking Ticket, insert - '''Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(amended 2003) Regulations 1993'''<br />
<br />
Business Rates - '''Regulation 3(c) of the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993'''<br />
<br />
Rent Arrears - '''Appendix 1 of the Distress for Rent Rules 1988'''<br />
<br />
If the bailiff is a High Court Enforcement Officer (HCEO), insert - '''The High Court Enforcement Officers Regulations 2004 <br />
'''<br />
Debt not listed here then leave blank.</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Nationwide&diff=3464Nationwide2009-08-04T17:46:15Z<p>Mbrowne: /* Contact Details */</p>
<hr />
<div>== Description of Charges ==<br />
<br />
Cheque card misuse fee<br><br />
Unauthorised Overdraft Fee<Br><br />
Unauthorised regular transfer fee<Br><br />
Unpaid Bill Payment Fee<br><br />
Unpaid cheque fee<Br><br />
Unpaid DD Fee<br><br />
Unpaid Standing Order Fee<br />
<br />
== Contact Details ==<br />
<br />
'''REGISTERED ADDRESS: -'''<br />
<br />
NATIONWIDE BUILDING SOCIETY<br />
<br />
NATIONWIDE HOUSE<br />
<br />
PIPERS WAY<br />
<br />
SWINDON<br />
<br />
SN38 1NW<br />
<br />
'''DATA PROTECTION ACT'''<br><br />
Data Protection Team,<br><br />
Nationwide Building Society<br><br />
Kings Park road,<br><br />
Moulton Park<br><br />
Northampton NN3 6NW<br><br />
Tel 01604 855060<br><br />
Fax 01604 854933<br />
<br />
'''PRELIM LETTER & LBA''' <br><br />
Nationwide Building Society<br><br />
Branch Service Centre<br><br />
Electra House<br><br />
Farnsby Street<br><br />
Swindon<br><br />
SN38 9NQ<br />
<br />
<br />
<br />
Nationwide Building Society<br><br />
Account Maintenance<br><br />
Refund Charge Team<br><br />
Kings Park Road<br><br />
Moulton Park<br><br />
Northampton<br><br />
NN3 6NW<br />
<br />
'''Telephone number to do an I&E form.'''<br />
0845 6028779<br />
<br />
<br />
<br />
<br />
'''COMPLAINTS DEPARTMENT EMAIL ADDRESS: -'''<br />
<br />
[http://nationwide.co.uk/security/secure-online-banking/Cookies.htm Log On] and use the secure messaging service<br />
<br />
<br />
'''CUSTOMER SERVICE/COMPLAINTS CONTACT NUMBER: -'''<br />
<br />
08457 30 20 10<br />
<br />
Nationwide's switchboard number is 01793 656837<br />
<br />
<br />
'''INTERNET BANKING WEBSITE: -'''<br />
<br />
[http://nationwide.co.uk/security/secure-online-banking/Cookies.htm Log On]<br />
<br />
<br />
'''HOW TO OBTAIN YOUR STATEMENTS ON LINE: -'''<br />
<br />
Just log on to the account you need the statements for, click statements, then click manage statements and it allows you do download them in .PDF format.<br />
<br />
<br />
'''OTHER CONTACTS: -'''<br />
<br />
If You Have This Information Please edit here or PM a Moderator<br />
<br />
== Other Banks ==<br />
<br />
See the [[Banks]] page for a list of other banks and credit cards<br />
<br />
<br />
'''''Created by [[User:Me01273|Me01273]] 23:11, 28 May 2007 (BST)'''''<br />
<br />
<br />
[[Category:Contact_Details]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Subject_Access_Request&diff=3463Subject Access Request2009-08-03T16:53:24Z<p>Mbrowne: </p>
<hr />
<div>== What is it? ==<br />
<br />
A '''Subject Access Request''' (SAR) is a request sent from a [[data subject]] to a [[Data Controller]] requesting information about themselves.<br />
<br />
It is a legal requirement under the [[Data Protection Act (DPA)]] for the data controller to comply with this request within a 40 day timescale as outlined in the DPA.<br />
<br />
==Subject Access Request Templates==<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
''[your address]<br />
<br />
<br />
<br />
[their address]<br />
<br />
<br />
[DATE]<br />
<br />
<br />
Dear Sir/Madam<br />
<br />
<br />
<br />
<center>'''Data Protection Act Subject Access Request'''</center><br />
<br />
<br />
ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)<br />
<br />
<br />
Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.<br />
<br />
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.<br />
<br />
If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.<br />
<br />
I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.<br />
<br />
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.<br />
I would be happy to collect the Data from my local branch.<br />
<br />
<br />
Yours faithfully,<br />
<br />
<br />
<br />
[name]''<br />
</div></blockquote><br />
|}<br />
<br />
<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
Your address<br />
<br />
Their Address<br />
<br />
Date<br />
<br />
<br />
<br />
Dear Sir/Madam<br />
<br />
Your name: <br />
<br />
Account No/ No’s xxxxxx<br />
<br />
<center>'''DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST'''</center><br />
<br />
I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards<br />
<br />
Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:<br />
<br />
*Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.<br />
<br />
*A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization.<br />
<br />
*Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.<br />
<br />
*Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial information, or which pertains to me.<br />
<br />
*Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.<br />
<br />
*Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.<br />
<br />
I enclose a cheque in the sum of £10 to cover your fee.<br />
<br />
IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.<br />
<br />
I look forward to hearing from you in the first instance of receipt.<br />
<br />
Yours faithfully<br />
<br />
<br />
Your name<br />
</div></blockquote><br />
|}<br />
Sign your signature and put a line through it so you will know if you see it again You never know<br />
<br />
== Download this file ==<br />
<br />
MS Word Format: [http://www.consumeractiongroup.co.uk/wiki/images/4/45/SAR.doc SAR.doc]<br />
<br />
==Related Articles==<br />
<br />
[[Letters|List of all letters]] | [[Information Commissioner]] | [[Data Controller]] | [[Data Subject]] | [[Automatic SAR Generator]]<br />
<br />
[[Category:Legal_Information]]<br />
[[Category:Bank_Charges]]<br />
[[Category:Standard_Letters]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Lloyds_TSB&diff=3461Lloyds TSB2009-07-24T16:23:50Z<p>Mbrowne: /* Contact Details */</p>
<hr />
<div>== Description of Charges ==<br />
<br />
Overdraft Excess Fee<Br><br />
Overdraft Usage Fee<br><br />
Returned Cheques<Br><br />
Unauthorised Borrowing Fee<Br><br />
Unpaid Cheque<Br><br />
Unpaid DDM<Br><br />
Unpaid Direct Debits<br><br />
Unpaid Items<br><br />
Unpaid Personal Loan<br><br />
Unpaid Standing Orders<Br><br />
Unpaid/Returned direct debit<br />
<br />
<br />
== LloydsTSB Bank Charges: A Guide - 2001 to present day ==<br />
With thanks to Yourbank<br />
<br />
'''Bank charges that are claimable and how they work:'''<br />
<br />
<br />
'''1) Overdraft Excess Fee/Unplanned overdraft Fee:'''<br />
<br />
They charge this when you go overdrawn by £10 or more above an agreed limit, or by £10 or more without any agreed limit. They will charge this fee again on subsequent days if we make a payment for you that increases your unauthorised overdraft by £10 or more.<br />
<br />
A subtle change happened in around September 2006 with the wording above replaced with this:<br />
They charge this when you go overdrawn and don’t have an overdraft facility, or if you go overdrawn above an agreed overdraft. They will charge this fee again on each day we make a payment for you that increases your overdraft.<br />
<br />
In November 2007 they changed the fee to '''Unplanned Overdraft Fee'''<br />
<br />
This is a daily fee for being over the overdraft fee and a maximum of 10 fees per charging period are applicable. There is also a monthly set fee payable as well.<br />
<br />
<br />
'''2) Unpaid Item Fee/Returned item fee :''' <br />
<br />
You'll be charged this fee whenever there is not enough money in your account to make a payment, such as direct debit, cheque or standing order.<br />
<br />
<br />
<br />
== How much have I been charged? ==<br />
{| border="1" cellpadding="2"<br />
!width="100"|Date<br />
!width="500"|Overdraft Excess Fee<br />
!width="500"|Unpaid Item/Reurned Item Fee<br />
|-<br />
|<br />
2001<br />
|<br />
Going into 2001 the Overdraft excess fee was that when the account went overdrawn during a charging period you were charged 60p each transaction.<br />
|<br />
Going into 2001 this charge was £27.50 per item<br />
|-<br />
|<br />
August 2001<br />
|<br />
That changed in August 2001 when it was monthly fee of £20 per month<br />
|-<br />
|<br />
September 2001<br />
|<br />
It increased in September 2001 to £25 per month<br />
|-<br />
|<br />
April 2002<br />
|<br />
They made a further change to the charging structure in April 2002 when a charge of £20 per day capped at £80 per charging period)<br />
|<br />
In April 2002 it increased to £30.00 per item<br />
|-<br />
|<br />
January 2005<br />
|<br />
In January 2005 it increased to £25 per day(capped at £75 per charging period )<br />
|<br />
In January 2005 it increased to £32.00 per item<br />
|-<br />
|<br />
July 2005<br />
|<br />
From July 2005 it increased to £30 per day(capped at £90 per charging period)<br />
|<br />
In July 2005 it increased to £35.00 per item<br />
|-<br />
|<br />
December 2006<br />
|<br />
<br />
|<br />
In December 2006 it was capped at 3 charges per day.<br />
|-<br />
|<br />
November 2007<br />
|<br />
In November 2007, LloydsTSB completely changed their charging structure.<br />
<br />
Less than £25 was £6 per day<br />
<br />
£25 to £100 was £15 per day<br />
<br />
More than £100 was £20 per day.<br />
<br />
A Monthly charge of £15 is levied on top of the above charges.<br />
|<br />
In November 2007 the charge was reduced to £20 per item with a maximum of 3 per day.<br />
|}<br />
<br />
<br />
<br />
<br />
<br />
LloydsTSB seem to have had a policy since June 2002 on all accounts of this<br />
“We understand that everyone can make mistakes from time to time, which is why we won't charge you the first time you go overdrawn without agreement, as long as you haven't done so in the past 12 months.”<br />
<br />
<br />
A grace period came into force on 2nd November 2007<br />
“If your account goes over its limit, you’ll have until 3.30pm (UK time) that day to pay in enough money to cover all your payments. If you do, you won’t incur any Unplanned Overdraft fees. “<br />
<br />
== Contact Details ==<br />
<br />
'''REGISTERED ADDRESS: -'''<br />
<br />
LLOYDS TSB BANK PLC<br />
<br />
25 GRESHAM STREET<br />
<br />
LONDON<br />
<br />
EC2V 7HN<br />
<br />
'''DATA PROTECTION ACT''' <br><br />
Copy Statement Unit<br><br />
Lloyds TSB Bank plc<br><br />
Swallow House<br><br />
10 Swallow St<br><br />
BIRMINGHAM<br><br />
B1 2AL<br />
<br />
'''As from 16th January 2009:'''<br />
<br />
DSAR Unit,<br> <br />
Lloyds TSB, <br><br />
Customer Service Recovery, <br><br />
Charlton Place, <br><br />
Andover, <br><br />
SP10 1RE<br />
<br />
<br />
'''PRELIMINARY AND LETTER BEFORE ACTION''' <br><br />
Customer Care<br><br />
Lloyds TSB<br><br />
125 Colmore Row<br><br />
Birmingham<br><br />
B3 3SF<br />
<br />
<br />
'''HARDSHIP CLAIMS'''<br><br />
LloydsTSB Bank<br><br />
Customer Service Recovery Centre<br><br />
Charlton Place<br><br />
Andover<br><br />
Hampshire<br><br />
SP10 1RE<br />
<br />
Customer Service Recovery Centre Andover 0845 300 0000<br />
<br />
Also Andover.<br><br />
01264 725214<br><br />
01264 832297,<br><br />
01264 832915<br><br />
01264 834307,<br />
.<br />
<br />
<br />
<br />
'''COMPLAINTS DEPARTMENT EMAIL ADDRESS: -'''<br />
<br />
[https://secure.lloydstsb.com/online_forms/contact_us/email/enquiry/form.asp Online Email]<br />
<br />
<br />
'''CUSTOMER SERVICE/COMPLAINTS CONTACT NUMBER: -'''<br />
<br />
0845 3000 000<br />
<br />
Penny Berryman's direct telephone number. 020 7522 5202<br />
<br />
<br />
<br />
'''INTERNET BANKING WEBSITE: -'''<br />
<br />
[https://online.lloydstsb.co.uk/customer.ibc Log On]<br />
<br />
<br />
'''HOW TO OBTAIN YOUR STATEMENTS ON LINE: -'''<br />
<br />
Once registered, a user can log on and view statements. On the page where you see the detailed entries, there is a box entitled "Please select a statement option" - click on the little downward arrow at the right, and a drop down menu appears. Choose "search your statements" and hit "go". Then appears a form which allows you to search for statements, up to three months at a time. You can go back to 1 July 2002 only.<br />
<br />
<br />
'''OTHER CONTACTS: -'''<br />
<br />
Mr Chris Brown<br />
<br />
Copy Statement Unit<br />
<br />
Account Services<br />
<br />
Group Operations<br />
<br />
Swallow House<br />
<br />
10 Swallow Street<br />
<br />
Birmingham<br />
<br />
B1 2AL<br />
<br />
<br />
Eric Daniels<br />
<br />
Chief Executive<br />
<br />
Lloyds TSB Bank plc<br />
<br />
25 Gresham Street<br />
<br />
London <br />
<br />
EC2V 7HN<br />
<br />
<br />
OR<br />
<br />
<br />
Ms Terri Dial<br />
<br />
Executive Director, Retail Banking<br />
<br />
Lloyds TSB Bank plc<br />
<br />
25 Gresham Street<br />
<br />
London EC2V 7HN<br />
<br />
== Other Banks ==<br />
<br />
See the [[Banks]] page for a list of other banks and credit cards<br />
<br />
<br />
'''''Created by [[User:Me01273|Me01273]] 23:08, 28 May 2007 (BST)'''''<br />
<br />
[[Category:Contact_Details]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Bailiffs:_Check_a_Bailiffs_Credentials&diff=3460Bailiffs: Check a Bailiffs Credentials2009-07-23T15:22:18Z<p>Mbrowne: /* Check a Bailiffs Credentials */</p>
<hr />
<div>== Check a Bailiffs Credentials ==<br />
<br />
'''The bailiff must be certificated'''<br />
<br />
If you have the name of the bailiff, then call the Ministry of Justice on 020 3334 3555 and ask for details of the certificate. Their list is not always up to date however but they will be able to tell you which court issued the original certificate and you can then call that court.<br />
<br />
You can also check with the OFT who maintain a register of bailiffs at this number 020 7211 8608 .<br />
<br />
== On-line Search to Check if a Bailiff is Certificated ==<br />
With thanks to Tomtubby<br />
<br />
On 17th March 2009 the Ministry of Justice announced plans for a new code regulating the activities of bailiffs and one of the changes was to introduce a much needed certificated bailiff register allowing debtors to check on-line whether a bailiff is certificated.<br />
<br />
This is now available from the following link: [http://www.hmcourts-service.gov.uk/CertificatedBailiffs/ '''here''']<br />
<br />
As you will see, you may search by either providing the bailiffs first name, surname or employers name.<br />
<br />
Could you please note that a bailiff’s certificate is valid for just 2 years.<br />
<br />
If your search reveals that the bailiff is working for a different company it is important to be aware that statutory regulations laid down by Parliament state that if there are '''"any changes"''' to the certificate then the bailiff must '''“without delay”''' give notice to the Court and a new certificate will be issued to him reflecting the changes. This is vitally important because in almost all cases, '''the bailiff’s bond will be cancelled''' when he leaves his previous employer!!<br />
<br />
As I have said many times here on the forums, it is '''always''' the case that if you have a complaint about a certificated bailiff then this should first be sent to the bailiff company to address and a Form 4 Complaint to the County Court should wait until the company have had an opportunity to sort out the complaint.<br />
<br />
As a Form 4 Complaint can have serious repercusssions for the individual bailiff, the County Courts also expect that the debtor should at least allow the company to have the opportunity to sort out the complaint. By doing this you will avoid being criticised by the Court.<br />
<br />
PS: As the bailiff is working as an '''"agent"''' for the local authority, a copy of your complaint should be sent to the council as well and you need to ensure that you request that it is recorded as a formal complaint.<br />
<br />
<br />
<br />
'''The bailiff or his firm must be licensed to trade in debt recovery'''<br />
<br />
He must have a '''[http://www.tameside.gov.uk/licensing/credit Category E]''' Consumer Credit License pursuant to Section 21(1) of the '''[http://www.johnantell.co.uk/CCA1974.htm Consumer Credit Act 1974]''' otherwise they are committing an offence under Section 39(1) of the Act. Check the Consumer Credit Licensing Public Register on 0207 211 8608 and press 1 to search register.<br />
<br />
<br />
'''The bailiff charged a credit card fee'''<br />
<br />
The bailiff or his firm must be licensed to trade in credit brokerage, or for processing regulated credit transactions between a lender and a borrower. He must hold a '''[http://www.tameside.gov.uk/licensing/credit Category C]''' consumer Credit License pursuant to Section 21(1) of the '''[http://www.johnantell.co.uk/CCA1974.htm Consumer Credit Act 1974]''' otherwise they are committing an offence under Section 39(1) of the Act. Check the Consumer Credit Licensing Public Register on '''0207 211 8608''' and press 1 to search register. The law does not provide bailiff’s charging fees that are not prescribed and is an offence under Section 2 of the Fraud Act 2006.<br />
<br />
<br />
'''The bailiff charged interest.'''<br />
<br />
The bailiff or his firm be licensed in consumer credit and he must hold a '''[http://www.tameside.gov.uk/licensing/credit Category A]''' consumer Credit License pursuant to Section 21(1) of the '''[http://www.johnantell.co.uk/CCA1974.htm Consumer Credit Act 1974]''' otherwise they are committing an offence under Section 39(1) of the Act. Check the Consumer Credit Licensing Public Register on '''0207 211 8608''' and press 1 to search register. In any event, the bailiff would have to provide you with a regulated loan agreement setting out the rate of interest and loan period and be able to give you a written quotation before you agree to a loan. The law does not provide for bailiffs charging interest (unless it’s awarded under Section 69 of the County Courts Act 1984) and is an offence under Section 2 of the Fraud Act 2006.<br />
<br />
With thanks to 10110001</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Forum_Guides_for_Newcomers&diff=3457Forum Guides for Newcomers2009-07-08T17:39:41Z<p>Mbrowne: </p>
<hr />
<div>===All the following video guides can be found [http://www.consumerforums.com/resources/templates-library/89-cag-guides.html '''here''']===<br />
<br />
1 Sniping eBay auctions with ConsumerSniper (work in progress) <br />
<br />
2 A trip round the Consumer Action Group Forum <br />
<br />
3 How do I register on the Consumer Action Group? <br />
<br />
4 How do I use the forum search function - basic search. <br />
<br />
5 How do I do an advanced search</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Library:_Statutes&diff=3456Library: Statutes2009-07-08T16:56:53Z<p>Mbrowne: </p>
<hr />
<div>== Statutes ==<br />
===All the following statutes can be found [http://www.consumerforums.com/resources/templates-library/57-statutes.html '''here''']===<br />
<br />
<br />
1 The Unfair Contracts Terms Act 1977 <br />
<br />
2 The Unfair Terms in Consumer Contracts Regs. 1999 <br />
<br />
3 The Sale of Goods Act 1979 as amended <br />
<br />
4 The Supply of Goods and Services Act 1982 <br />
<br />
5 Theft (Amendment) Act 1996 <br />
<br />
6 Data Protection Act 1998 <br />
<br />
7 Scotish Small Claims Procedure - Act of Sederunt 2002 <br />
<br />
8 The Limitation Act 1980 <br />
<br />
9 Sale of Goods (Amendment) Act 1995 <br />
<br />
10 Sale and Supply of Goods Act 1994 <br />
<br />
11 The Sale and Supply of Goods to Consumers Regulations 2002 <br />
<br />
12 Contracts (Rights of Third Parties) Act 1999 <br />
<br />
13 Disability Discrimination Acts -1995 and 2005 <br />
<br />
14 Charging Orders Act(1979) <br />
<br />
15 Prescription and Limitation (Scotland) Act 1973 <br />
<br />
16 The Register of Judgments, Orders and Fines Regulations 2005 <br />
<br />
17 Matters arising during the lifetime of an agreement <br />
<br />
18 Protection from Harassment Act 1997 <br />
<br />
19 Human Rights Act 1998 <br />
<br />
20 Equality Act 2006<br />
<br />
21 Legislation relating to Employment <br />
<br />
22 Consumer Protection Act 1987 <br />
<br />
23 Debt Arrangement and Attachment (Scotland) Act 2002 <br />
<br />
24 Consumer Credit Act (1974) and related Regulations <br />
<br />
25 Banking and Financial Services <br />
<br />
26 County Court Act 1984 <br />
<br />
27 Misrepresentation Act 1967 <br />
<br />
28 Age of Legal Capacity (Scotland) Act 1991 <br />
<br />
29 High Court Enforcement Officers Regulations 2004 <br />
<br />
30 The Diligence against Earnings (Variation) (Scotland) Regulations 2006 <br />
<br />
31 Bankruptcy and Diligence etc. (Scotland) Act 2007 <br />
<br />
32 Consumer Protection from Unfair Trading Regulations 2008 <br />
<br />
33 Law of Property Act 1925 <br />
<br />
34 General Statutes database</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Library:_Debt_Collectors&diff=3455Library: Debt Collectors2009-07-08T16:43:54Z<p>Mbrowne: </p>
<hr />
<div>== Debt Collector Templates ==<br />
=== All the following templates can be found [http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html '''here''']===<br />
<br />
1 Mbna Agreements/application Forms <br />
<br />
2 Letter sent when debt is statute barred <br />
<br />
3 DCA Home Visit - If you receive, or are threatened with, a Doorstep Visit <br />
<br />
4 LETTER USED WHEN A DCA THREATENS A DOORSTEP VISIT <br />
<br />
5 Legal notice issued under Section 10 of the Data Protection Act 1980 <br />
<br />
6 Letter - following up after a Debt Collection Agency has 'closed' it's files <br />
<br />
7 Letter to request the halt on the processing of your data <br />
<br />
8 CCA request letter. <br />
<br />
9 POSSIBLE Letter when a questionable agreement/application is sent. <br />
<br />
10 OFT - Debt collection guidance <br />
<br />
11 Subject Access Request - Debt & DCA <br />
<br />
12 Letter when bank/DCA attempt to collect on penalty charge situation. <br />
<br />
13 Letter when DCA refuses to comply with a CCA request <br />
<br />
14 Letter to DCA persistant after statute barred. <br />
<br />
15 Statute Barred Letter - SCOTLAND <br />
<br />
16 Letter to solicitors threatening legal action / in default of agreement request <br />
<br />
17 Letter when account has been passed on whilst agreement request is in dispute <br />
<br />
18 General debt letter - if you know nothing of the debt... <br />
<br />
19 Debt Letter - When company refuse CCA due to no signature <br />
<br />
20 Failiure to provide a copy of the agreement within the prescribed timescale<br />
<br />
21 Dealing with doorstep visits</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Library:_Bank_Charges_Templates&diff=3454Library: Bank Charges Templates2009-07-08T16:38:41Z<p>Mbrowne: </p>
<hr />
<div>== Bank charges templates (consumer) ==<br />
===All the following templates can be found [http://www.consumerforums.com/resources/templates-library/48-bank-templates.html '''here'''] ===<br />
<br />
1 You must amend your Bank Charges claim from penalties to UTCCR <br />
<br />
2 Data Protection Act 1998 - Subject Access Request <br />
<br />
3 Letter - Preliminary approach for repayment. <br />
<br />
4 Letter before action - Bank charges <br />
<br />
5 Particulars of claim - N1 - Updated 24th June 2009 <br />
<br />
6 Money Claim On-Line (MCOL) Particulars of Claim <br />
<br />
7 Letter for an application for consideration for hardship <br />
<br />
8 Interest calculation spreadsheets <br />
<br />
9 Basic Court Bundle <br />
<br />
10 Credit Card charges POC N1 <br />
<br />
11 Credit/Store Card Charges. Letter Template <br />
<br />
12 Advanced court bundle <br />
<br />
13 Allocation hearing witness statement <br />
<br />
14 Allocation Questionnaires - A guide to completion <br />
<br />
15 Application for removal of a stay <br />
<br />
16 Bundle for stay hearing <br />
<br />
17 Civil Court - List of General Forms <br />
<br />
18 Data Protection Act - Non-Compliance - Template Letters <br />
<br />
19 Data Protection Act Non-Compliance - Particulars of Claim. <br />
<br />
20 Draft order for directions - including directions for disclosure <br />
<br />
21 Free alternative to Excel <br />
<br />
22 Isle of Man Template Letters <br />
<br />
23 Lloyds Witness statement <br />
<br />
24 N1 Claims form in .PDF format with form filling <br />
<br />
25 Rejecting Offers <br />
<br />
26 Right of Appropriation - Stop the bank from taking your money <br />
<br />
27 Skeleton argument for stay hearing <br />
<br />
28 Template letter to your Member of Parliament <br />
<br />
29 Wasted Costs order <br />
<br />
30 S.10 Data Protection Act notice - if you have been defaulted for unlawful penalties.</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Challenge_a_default_on_a_disputed_account&diff=3453Challenge a default on a disputed account2009-07-08T16:33:02Z<p>Mbrowne: </p>
<hr />
<div>== Challenge a default on a disputed account ==<br />
<br />
<br />
===Details of the following can be found [http://www.consumerforums.com/resources/templates-library/49-challenge-a-default-on-a-disputed-account.html'''here''']=== <br />
<br />
<br />
1 Data Protection Technical Guidance - Filing defaults with credit reference agencies <br />
<br />
2 Have you been defaulted on a disputed account? <br />
<br />
3 Disputed default - Letter before action to your bank <br />
<br />
4 Default on disputed account - complaint to Banking Code Standards Board <br />
<br />
5 Default on disputed sum - letter to Information Commissioner <br />
<br />
6 Default on a disputed account - particulars of claim (N208)</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Library:_Case_Law&diff=3452Library: Case Law2009-07-08T16:28:25Z<p>Mbrowne: </p>
<hr />
<div>===Details of all the following cases can be found [http://www.consumerforums.com/resources/templates-library/56-cases.html '''here''']===<br />
<br />
1 Alfred McAlpine Capital Projects Ltd v Tilebox Ltd - 2005 <br />
<br />
2 Durant v Financial Services Authority [2003] EWCA Civ 1746, <br />
<br />
3 Smith v Lloyds TSB 2005 - Data Protection Act request <br />
<br />
4 Woodchester Lease v Swain & Co 1998 - default notices <br />
<br />
5 Lordsvale Finance Plc -v- Bank of Zambia , 1999 <br />
<br />
6 Director General of Fair Trading v First National Bank <br />
<br />
7 Euro London v Claessens Int 2006 <br />
<br />
8 Interfoto Picture Library v Stiletto <br />
<br />
9 Jeancharm v Barnett Football Club 2003 <br />
<br />
10 Sempra Metals v IRC July 2007 - Compound interest on restitutionary claims <br />
<br />
11 Murray v Leisureplay Plc 2005 (Penalty clauses) <br />
<br />
12 Cine Bes Filmcilik v UIP 2003 <br />
<br />
13 Case on damages under the Data Protection Act <br />
<br />
14 Case law on Restitution <br />
<br />
15 Case law on misrepresentation <br />
<br />
16 Dunlop v New Garage <br />
<br />
17 Case law relevant to limitations <br />
<br />
18 Case law relevant to consumer credit <br />
<br />
19 Case law relevant to the Financial Ombudsman Service <br />
<br />
20 British and Irish Legal Information Institute - law data base <br />
<br />
21 The High Court Judgment OFT v Abbey & 7 OrsApril 2008</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Financial_Hardship:_Guide_to_the_FOS&diff=3451Financial Hardship: Guide to the FOS2009-06-20T13:08:04Z<p>Mbrowne: </p>
<hr />
<div>== A Guide to Taking Your Case for Financial Hardship and Bank Charges to the FOS: ==<br />
<br />
<br />
With thanks to Yourbank.<br />
<br />
<br />
Over the last week (June 2009) I have had a discussion with the FOS with a view to working on getting claims through the system in as timely a fashion as possible. These are guidelines only and please do not be put off by it. The FOS will look at all claims but the more information you give them and the reasons why you disagree with the banks' decision and how much you feel that you would be happy to settle with the easier the case will be. Remember no payout is a full and final one so anything not offered will be dealt with on the conclusion of the OFT test case issues.<br />
<br />
=== This is a rough estimate of the timescales involved: ===<br />
<br />
<br />
'''Up to 8 weeks''': discussion with the bank<br />
<br />
<br />
=== Complaint received by the FOS with documentation by post: ===<br />
It will sit in a queue for roughly '''2 weeks''' before it actually gets into an investigation queue. <br />
<br />
'''4-6 weeks''' later the paper file goes to the Admin Department which then allocates and adjudicator and this then leads to a decision within '''1-2 weeks'''.<br />
<br />
This timescale is a clean one, ie where all paperwork is in order and no further information is required.<br />
<br />
===Discussion on this matter then went onto what would be good paperwork for the FOS.===<br />
<br />
There are two areas which it can go to:<br />
<br />
'''1)''' 8 weeks without an adequate response<br />
<br />
'''2)''' A final response(ideally) which could be within that 8 week period.<br />
<br />
Before going to the ombudsman it is important to have in mind the outcome that you want to receive, is it that you want the bank to apologise only or do you want the bank to suspend charges for a period of time, or maybe you want an increase in the amount offered or you want an offer. It is something that is reasonable and not a simple, give me 100% or I decline everything, cos that is not how financial hardship works.<br />
<br />
<br />
=== The paperwork: ===<br />
<br />
*Income and expenditure form(plus arrears notices on priority debts),<br />
<br />
Exanple of I&E form that can be used: '''[http://www.moneyadvicetrust.org/content.asp?ssid=38 Money Advice Trust]'''<br />
*List of charges you are claiming(date....description....charge amount)<br />
*Bank letters and responses(First letter for repayment of charges and 2nd letter plus all your letters and responses. <br />
*Final response letter would be ideal if you have one<br />
<br />
With the Final Response, you need to provide a point by point reason why you disagree with the decision and furthermore the outcome you would feel is reasonable and acceptable.<br />
*Effect on having to service the priority debt arrears.<br />
<br />
<br />
The reason many financial hardship cases are delayed within the FOS is that they are having to go back to the claimant for further information.<br />
<br />
The above information is not to discourage claimants who can simply say that the charges are unfair however, to prevent delays, having the information above is necessary so that the claim through the FOS goes as smoothly as possible. The FOS will accept all cases even if they are without the prerequisites set out above but it may mean you waiting a lot longer for a response if you do not have the paperwork.</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Charging_Orders:_A_guide&diff=3450Charging Orders: A guide2009-06-10T14:06:19Z<p>Mbrowne: </p>
<hr />
<div>== A guide to Charging Orders & Orders for Sale ==<br />
With thanks to Sequenci Original thread '''[http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html here]'''<br />
<br />
== Charging Orders ==<br />
<br />
<br />
A Charging Order is an order which secures a money judgment against the judgment debtor’s property or interest in a property. Creditors usually apply for Charging Orders as they are a reasonably easy method of ensuring the likelihood of them receiving their money back at some point in the future. Some creditors have a policy of applying for Charging Orders as a matter of course, some will apply as the debtor’s debt is large or their total indebtedness is high. Some will try the Charging Order route if they are offered a nominal instalment amount by the debtor, or that it will take many years to clear the debt.<br />
<br />
Charging Orders have many advantages for the creditor, for a start they can turn an unsecured debt into a secured one, this could put extra pressure on the debtor to treat the debt with a preference. Statutory interest will run on the order, unless it is below £5,000 or regulated by The Consumer Credit Act. Some creditors may argue that a Charging Order will secure contractual interest. There is no time limit to apply for an order and the process can start in the creditor’s chosen county court. The order would never be included within an Individual Voluntary Agreement, it is a debt which does not prove in a bankruptcy although the creditor could waive the Charging Order and apply to make the debtor bankrupt.<br />
<br />
I must stress that on some occasions securing a charge against a property isn’t necessarily a bad thing at all, providing conditions are attached to it. If a debtor is unable to make any payments against a debt they may wish to consider offering the creditor a voluntary charge. The same might apply if the debtor is terminally ill or a single house owner with no heirs. The great thing with a voluntary charge is that it might be easy to ensure conditions are attached to the charge, these conditions could be that the creditor is not allowed to request an order for sale and also that all interest is frozen when the charge is applied.<br />
<br />
<br />
== The Charging Order Process ==<br />
<br />
<br />
The process follows CPR 73.3: Application for a Charging Order.<br />
<br />
1.The creditor successfully obtains a County Court Judgment (CCJ)<br />
<br />
2.There is no instalment order granted / The debtor defaults on the instalment order<br />
<br />
3.The creditor applies for the Interim Charging Order (no hearing) [n379]<br />
<br />
4.Interim Charging Order made [n86]<br />
<br />
5.Hearing for the Final Charging Order (Can be transferred to debtor’s local court)<br />
<br />
6.Interim Order discharged or Final Charging Order Granted [n87]<br />
<br />
The creditor could then start the process for an Order for Sale, this is very rare as usually the creditor is happy to sit on the Charging Order. If the creditor wishes to apply for an Order for Sale, there would be another hearing.<br />
<br />
<br />
== When can a creditor apply for a Charging Order? ==<br />
<br />
<br />
<br />
First and foremost, a creditor would have had to have obtained a money judgment against the debtor. If the judgment is ‘forthwith’, the demand is for immediate payment of the debt. In theory, the debt would become due and payable at once – a creditor could apply for the Charging Order as soon as it was granted.<br />
<br />
Section 1: The Charging Orders Act 1979:<br />
<br />
Where, under a judgment or order of the High Court or a county court, a person (the “debtor”) is required to pay a sum of money to another person (the “creditor”) then, for the purpose of enforcing that judgment or order, the appropriate court may make an order in accordance with the provisions of this Act imposing on any such property of the debtor as may be specified in the order a charge for securing the payment of any money due or to become due under the judgment or order.<br />
<br />
If there is an instalment order in place, a creditor would not be able to apply for a Charging Order.<br />
<br />
==Section 86(1) The County Courts Act 1984: ==<br />
<br />
<br />
Where the court has made an order for payment of any sum of money by instalments, execution on the order shall not be issued until after default in payment of some instalment according to the order.<br />
<br />
This was further considered in the case of Mercantile Credit V Ellis in The Court of Appeal 1987. It was found that the wording of the Charging Orders Act states quite clearly that no further action could be taken without a default in payment. It should be noted, however, that in the case of Ropaigealach V Allied Irish Bank CA Nov 2001 where an instalment order is made AFTER an interim charging order has been made, a court has the jurisdiction to make a Charging Order final.<br />
<br />
There are various tactics which a creditor will use to try and obtain the Interim Order, they will try their best not to allow the court grant an instalment order on a CCJ. If a debtor wishes to admit the claim and request instalments, the creditor may argue the instalments are unacceptable and that a Charging Order is more appropriate. A creditor might also seek a re-determination if a court accepts a debtor’s offer of instalments. Some creditors have even been known to ask a district judge to consider a Time Order to change the judgment to forthwith.<br />
<br />
<br />
== How to try and stop the Interim Charging Order being applied for ==<br />
<br />
<br />
Charging orders are notoriously difficult to stop, District Judges are usually reluctant to turn down the creditor’s application. Creditors do not usually opponse another creditor’s application either. The Charging Order process isn’t automatically transferred to the debtor’s local court, the would have to request this (possibly at a cost).<br />
<br />
When a County Court claim form is received and a debtor wishes to make an admission it is imperitive that a reasonable offer of payment is made. If it is accepted then ensure that the payment is made on time each month. Never offer a nil payment. It is important to ensure that the N9A admission form is sent within time to the correct address on the claim form. It may be worth considering sending the form recorded delivery, send a copy to both the creditor and the court.<br />
<br />
==What if you have been served with an Interim Charging Order ==<br />
<br />
<br />
The first thing to do is to check to see whether the correct process has been followed. Always check to ensure that the creditor is actually chasing the right person! At this point we will assume that any potential challenge to the legality of the Judgment has been carried out (CCA request, Challenging default notices etc). It is worth checking to ensure that the judgment has been entered correctly, did the N30 form outline the determination process correctly? If it didn’t you could consider a set aside. It is worth checking the day the Interim order was applied for to see if the CCJ was actually in default on that day. If an application to vary the terms of the CCJ has been sent to the court prior to the Interim Order request ensure that the court considers the variation before considering the Interim Order. The creditor must send a copy of the Interim Charging Order and Affidavit to all those with a legal and/or beneficial interest in the property, for example the mortgage lender. If this doesn’t occur the hearing will be adjourned.<br />
<br />
<br />
== Objections to The Final Charging Order ==<br />
<br />
<br />
It might be worth seeing if any of your other creditors are willing to object to the Charging Order being made final especially if there are any who are owed significantly more than the original creditor. Alternatively you may well find that you have grounds to object to the charging order being made final. Any arguments that you wish to raise need to be filed with the court and the creditor at least 7 days prior to the Final Charging Order Hearing (CPR 73.8).<br />
<br />
If there are divorce proceedings pending, the Charging Order hearing will be adjourned pending the outcome of the ancillary proceedings. If you would like to enter into an IVA, the Interim Charging Order would be dropped as an IVA Interim Order would be made.<br />
<br />
==Section 1(5) of The Charging Orders Act 1979 reads: ==<br />
<br />
<br />
In deciding whether to make a charging order the court shall consider all the circumstances of the case and, in particular, any evidence before it as to—<br />
<br />
(a) the personal circumstances of the debtor, and<br />
(<br />
b) whether any other creditor of the debtor would be likely to be unduly prejudiced by the making of the order<br />
<br />
Some possible arguments which could be used to oppose the Final Charging Order are:<br />
<br />
*Could there be other methods of enforcement which could be used by the court to enforce the debt?<br />
*If the total indebtedness of the judgment debtor is less than £5,000, could they have an administration order instead?<br />
*Could the creditor have offered a secured loan instead of an unsecured one?<br />
*A recent change in circumstances shows that reasonable repayments can now be made (evidence would be needed)<br />
*All the missed payments have now been paid<br />
*There is little or no equity in the property<br />
*The CCJ is very small compared to the amount of equity<br />
*If the CCJ is for a CCA regulated agreement can the court consider a Time Order instead?<br />
*Granting a Charging Order would unfairly prejudice other creditors who have accepted pro-rata payments<br />
*The debtor is about to go bankrupt or enter into an IVA, the creditor would have an unfair advantage if they were to have their debt secured.<br />
<br />
If only one owner of the property is liable for the debt:<br />
<br />
Providing there us no pending divorce proceedings, a husband/wife or any other beneficiary of the home is entitled to make representations as to all the circumstances of the case. They could try and minimise the percentage of the equity of the debtor by showing evidence of:<br />
<br />
*Contributions towards mortgage payments<br />
*Contributions towards the deposit<br />
*A declaration of trust at the time the property was purchased<br />
<br />
==The Final Hearing ==<br />
<br />
<br />
<br />
The court has the following options<br />
<br />
*Make the Charging Order final<br />
*Discharge the Interim Order and dismiss the application<br />
*Decide any issues in dispute<br />
*Direct a trial of any such issues<br />
<br />
Prior to the hearing the Judge would have read any objections, each party will also have the chance to make oral representations at the hearing.<br />
<br />
The vast majority of Charging Order applications result in the Order being made final. One thing to seriously consider is that if the Order is made final then conditions should be attached to it, these conditions would stop any further enforcement. A popular condition is that further action should not be possible providing an instalment is kept up with. Another popular condition is that no enforcement should be possible until all the children have left home. If no conditions were made at the time of the Final Charging Order hearing, it is possible to vary the terms of the Order via an application on the N245 form.<br />
<br />
'''Set Asides & Variations'''<br />
<br />
These are dealt with under CPR 73.9<br />
<br />
You would need to apply to the court which made the original order.<br />
<br />
Setting aside a Charging order is usually called “Discharging”, this is under s3(5) of the Charging Orders Act. The arguments for discharge must not have been made to the court previously. Sometimes a creditor may wish to discharge their own Charging Order, as an example they may wish to make a debtor bankrupt., they could still issue a statutory demand even though they have a charge in place (s269 Insolvency Act 1986). You can vary the terms of a charging order via form N245.<br />
<br />
'''Satisfying the Charging Order'''<br />
<br />
If the debt has been paid off, along with all costs, an application can be made to the court for a certificate of satisfaction, this can then be sent to the Land Registry.<br />
<br />
'''Interest on Charging Orders'''<br />
<br />
<u>Statutory Interest </u><br />
<br />
Statutory interest would continue to run whether or not the order specifies it. The N86/87 forms allow ‘any interest’ to be included, this means statutory interest.<br />
<br />
This doesn’t apply to Consumer Credit Act regulated debts or Charging Orders of debts below £5,000 unless they have been transferred to the High Court for a High Court Charging Order. (The County Court (Interest on Judgment Debts) Order 1991)<br />
<br />
The judgment would carry statutory interest if it was made on or after July 1st 1991 and the judgment is for at least £5,000.<br />
<br />
If a judgment has a payment ordered to be made on a specified date or by instalments, no interest will be payable either until that date or, on the amount of any instalment until it falls due.<br />
<br />
If a judgement carries statutory interest, so will the Charging Order, even if not mentioned within the order itself. [Ezekiel v Orakpo]. S3(4) COA 1979 states that “A Charging Order shall have the like effect and be enforceable in the same courts and in the same manner as an equitable charge”<br />
<br />
<u>Contractual Interest </u><br />
<br />
Many creditors are trying to argue that Charging Orders carry contractual interest after judgment even if the judgment itself doesn’t. There are plenty of arguments against this.<br />
<br />
*Charging orders and their effect are determined by the Charging Order Act 1979<br />
Section 1 COA says that a Charging Order is made ‘for the purposes of enforcing that judgment or order’ and that the charge is for ‘securing the payment of any money due or to become due under a judgment or order’. Although enforcement of a Charging Order is not execution of a judgment, s1 means that the order and the judgment must be coextensive. Therefore no money can be recovered in excess of what is due or to become due under the judgment.<br />
*Section 3(4) opens with the words ‘Subject to the provisions of this ACT…’ and so unless the interest is due under the judgment or order under the Interest on County Court Judgements Order, it cannot be included in the Charging Order<br />
*The amount of interest depends on the amount of interest due on the judgment.<br />
*Some CCA regulated agreement judgements do not have an interest post-judgment clause.<br />
*Even if there is an interest post-judgement clause on a CCA regulated agreement the lender still cannot enforce these rights by levying contractual interest – unless that rate forms part of the judgment, the lender would have to bring seperated action for the interest. (Supreme Court Practice 1999 Ed. Para 42/1/24 and Re European Central Railway 1877 4 Ch.D.33<br />
*The claimant may try to use s3(4) COA to claim that an equitable charge attracts interest on the principle sum. However, the rate of interest payable under an equitable charge depends on its terms. In the case of a CO, the judgment debt would be in essence the princinple sum. The rate payable on this sum is prescribed by statute or set out in the judgment. S3(4) wouldn’t justify applying a different rate.<br />
<br />
<br />
== Orders for sale ==<br />
<br />
<br />
<br />
An Order for sale is the way to enforce a Charging Order, it would allows the claimant the right to take possession of the property and to sell it so that they can recover the monies within their charge. The process is applied via Part 73.10 CPR. For jointly owned property the court would also have to consider the Trust of Land and Appointment if Trustees Act 1996 (TLATA). S15 of TLATA outlines criteria which may give some protection against an Order for Sale. At the end of this piece I’ve outlined the relevant sections of law with additional relevant notes.<br />
<br />
'''Defending an Order for Sale'''<br />
<br />
<u>Responding to a claim </u><br />
<br />
Under CPR 8.30<br />
<br />
The defendant must<br />
<br />
(a) file an acknowledgment of service in the relevant practice form not more than 14 days after service of the claim form; and<br />
<br />
(b) serve the acknowledgment of service on the claimant and any other party.<br />
<br />
(2) The acknowledgment of service must state –<br />
<br />
(a) whether the defendant contests the claim; and<br />
<br />
(b) if the defendant seeks a different remedy from that set out in the claim form, what that remedy is.<br />
<br />
<u>Transferring to the debtor’s local court </u><br />
<br />
There is not provision for a transfer. An application court be made under CPR Part 30 Rule 30.3(2)(b), which would give the District Judge discretion to agree to transfer the case on the grounds of fairness or convenience to the debtor.<br />
<br />
It is vital that all preparation for the hearing has been carried out, check the Affidavit to ensure that the correct details of the Charging Order have been recorded together with outstanding balances, the value of the property and all the information required under PD73.4.3 has been provided. Anyone with a legal or equitable interest in the property has a right to be present, to be represented and to be heard. If there are divorce proceedings then ensure that the solicitor involved in the divorce has been referred to interventionist action can be taken.<br />
<br />
<u>The Hearing </u><br />
<br />
At the hearing the court may do one of four things:<br />
<br />
*Grant the order for sale<br />
*Adjourn the case on terms<br />
*Make a suspended order on terms<br />
*Dismiss the application<br />
<br />
If the house is jointly owned the court has the duty and the power to declare what the extent of the debtor(s) beneficial interest is under s14 of The Trusts of Land and Appointment of Trustees Act 1996 (TLATA). Under s15 TLATA the court should pay attention to:<br />
<br />
*Whether there is sufficient debtor equity in the property for the Charge holder to justify the sale<br />
*The intentions of the persons(s) who created the trust. The property is held in trust for all the beneficiaries by the named legal owner(s); and<br />
The purposes for which the property is held. As an example this could be to provide a home for children as long as they chose to live there or for an elderly relative etc.<br />
*The welfare of any minor who occupies or might reasonably be expected to occupy any land subject to the trust as his/her home<br />
*The interests of any secured creditor of any beneficiary<br />
<br />
<u>CPR 73.10 is outlined here: </u><br />
<br />
73.10<br />
<br />
(1) Subject to the provisions of any enactment, the court may, upon a claim by a person who has obtained a charging order over an interest in property, order the sale of the property to enforce the charging order.<br />
<br />
(2) A claim for an order for sale under this rule should be made to the court which made the charging order, unless that court does not have jurisdiction to make an order for sale. (A claim under this rule is a proceeding for the enforcement of a charge, and section 23(c) of the County Courts Act 1984 provides the extent of the county court's jurisdiction to hear and determine such proceedings.)<br />
<br />
(3) The claimant must use the Part 8 procedure.<br />
<br />
(4) A copy of the charging order must be filed with the claim form.<br />
<br />
(5) The claimant's written evidence must include the information required by the relevant practice direction.<br />
<br />
<u>Practice Direction 73 4.3 </u><br />
<br />
4.3 The written evidence in support of a claim under rule 73.10 must –<br />
<br />
(1) identify the charging order and the property sought to be sold;<br />
<br />
(2) state the amount in respect of which the charge was imposed and the amount due at the date of issue of the claim;<br />
<br />
(3) verify, so far as known, the debtor's title to the property charged;<br />
<br />
(4) state, so far as the claimant is able to identify–<br />
<br />
(a) the names and addresses of any other creditors who have a prior charge or other security over the property; and<br />
<br />
(b) the amount owed to each such creditor; and<br />
<br />
(5) give an estimate of the price which would be obtained on sale of the property.<br />
<br />
(6) if the claim relates to land, give details of every person who to the best of the claimant's knowledge is in possession of the property; and<br />
<br />
(7) if the claim relates to residential property –<br />
<br />
(a) state whether –<br />
<br />
(i) a land charge of Class F; or<br />
(<br />
ii) a notice under section 31(10) of the Family Law Act 1996, or under any provision of an Act which preceded that section,<br />
<br />
has been registered; and<br />
<br />
(b) if so, state –<br />
<br />
(i) on whose behalf the land charge or notice has been registered; and<br />
<br />
(ii) that the claimant will serve notice of the claim on that person.<br />
<br />
<u>Practice Direction 73 4.4 </u><br />
<br />
4.4 The claimant must take all reasonable steps to obtain the information required by paragraph 4.3(4) before issuing the claim.<br />
<br />
The Trusts of Land and Appointment of Trustees Act 1996 (TLATA)<br />
<br />
TLATA only applies to jointly owned property (Wells v Pickering HC, 17th May 2002). It was determined that the considerations of s14 & s15 TLATA to protect the welfare of children do not apply to solely owned property.<br />
<br />
14. Applications for order.<br />
<br />
(1) Any person who is a trustee of land or has an interest in property subject to a trust of land may make an application to the court for an order under this section.<br />
<br />
(2) On an application for an order under this section the court may make any such order:<br />
<br />
(a) relating to the exercise by the trustees of any of their functions (including an order relieving them of any obligation to obtain the consent of, or to consult, any person in connection with the exercise of any of their functions), or<br />
<br />
(b) declaring the nature or extent of a person’s interest in property subject to the trust, as the court thinks fit.<br />
<br />
15. Matters relevant in determining applications.<br />
<br />
(1) The matters to which the court is to have regard in determining an application for an order under section 14 include:<br />
<br />
(a) the intentions of the person or persons (if any) who created the trust,<br />
<br />
(b) the purposes for which the property subject to the trust is held,<br />
<br />
(c) the welfare of any minor who occupies or might reasonably be expected to occupy any land subject to the trust as his home, and<br />
<br />
(d) the interests of any secured creditor of any beneficiary.<br />
<br />
(2) In the case of an application relating to the exercise in relation to any land of the powers conferred on the trustees by section 13, the matters to which the court is to have regard also include the circumstances and wishes of each of the beneficiaries who is (or apart from any previous exercise by the trustees of those powers would be) entitled to occupy the land under section 12.<br />
<br />
(3) In the case of any other application, other than one relating to the exercise of the power mentioned in section 6(2), the matters to which the court is to have regard also include the circumstances and wishes of any beneficiaries of full age and entitled to an interest in possession in property subject to the trust or (in case of dispute) of the majority (according to the value of their combined interests).<br />
<br />
County Courts have jurisdiction to determine an application under CPR 73.10 only if the amount owing under the charge does not exceed the County Court Limit, currently £30,000. If the amount is higher the application must be made to the Chancery Division of the High Court.</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Harassment_by_telephone&diff=3449Harassment by telephone2009-05-20T17:24:33Z<p>Mbrowne: </p>
<hr />
<div>== Harassment by Telephone - Response Letter ==<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> <br />
Your Street<br />
<br />
Town<br />
<br />
City<br />
<br />
Postcode<br />
<br />
DATE HERE<br />
<br />
Company Name<br />
<br />
Road<br />
<br />
Town<br />
<br />
City / County<br />
<br />
Postcode<br />
<br />
<br />
<br />
Dear Sirs<br />
<br />
<center>''' <u>Harassment by telephone</u>'''</center><br />
<br />
<br />
'''Account Number:''' XXXXXXX<br />
<br />
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.<br />
<br />
I have verbally requested that these stop, but I am still receiving calls. <span style="color:red">(Delete if necessary) </SPAN> <br />
<br />
I now require all further correspondence from your company to be made in writing only.<br />
<br />
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.<br />
<br />
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.<br />
<br />
Be advised that any further telephone calls from your company will be recorded. <span style="color:red">(**Even if you don‘t yet have recording equipment!!**) </SPAN> <br />
<br />
<br />
Yours faithfully,<br />
<br />
<br />
<br />
[NAME HERE]<br />
</div></blockquote><br />
|}<br />
[[Category:Bank_Charges]]<br />
<br />
[[Category:Legal_Information]]<br />
<br />
[[Category:Standard_Letters]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Natwest&diff=3446Natwest2009-05-12T17:53:32Z<p>Mbrowne: /* Contact Details */</p>
<hr />
<div>== Description of Charges ==<br />
<br />
Card Misuse Fee (Changed to Guaranteed Card Payment Fee)<br><br />
Cheque Return Fee<br><br />
Default Notice Fee<br><br />
Guaranteed Card Payment Fee<br><br />
Paid Referral<br><br />
Unarranged Borrowing Fee '''NB''' (Unarranged Borrowing Fee- Name Change. Natwest are changing the name to "Maintenance Fee" with effect from August 10th <br />
'''NB''' These will appear on statements this month)<br><br />
Unpaid Item Fee<br />
<br />
== Contact Details ==<br />
<br />
'''REGISTERED ADDRESS: -'''<br />
<br />
NATIONAL WESTMINSTER BANK PLC<br><br />
135 Bishpsgate,<br><br />
London<br><br />
EC2M 3TP.<br />
<br />
<br />
'''DATA PROTECTION ACT''' <br><br />
<br />
'''Address For a Full bells and whistles S.A.R - (Subject Access Request)'''<br><br />
Data Protection Manager<br><br />
Regulatory Risk<br><br />
2nd Floor<br><br />
Business House B<br><br />
Goggarburn<br><br />
PO Box 1000<br><br />
Edinburgh<br><br />
EH12 1HQ <br />
<br />
<br />
'''Address For S.A.R - (Subject Access Request) Bank statements only'''<br><br />
Customer Relations Services Unit<br><br />
1st Floor<br><br />
Drummond House<br><br />
Redheughs Avenue<br><br />
South Gyle<br><br />
Edinburgh<br><br />
EH11 9JN<br />
<br />
'''or, if you have online banking, follow these instructions:'''<br><br />
1) Log into online banking<br><br />
2) Click Statements on the top left hand side<br><br />
3) View Bank Statements on screen<br><br />
4) Select the account you want then click next<br><br />
5) Hey presto you have the last 6 years statements going back to October 2002.<br />
<br />
<br />
<br />
''' Address for Prelim and LBA''' as from 25th August 2007<br><br />
Customer Service Response Unit<br><br />
The Cornerstone<br><br />
60 South Gyle Crescent<br><br />
Edinburgh<br><br />
EH12 9WF<br />
<br />
'''Address for CCA for Natwest Credit Card'''<br><br />
NatWest<br><br />
Credit Management Services<br><br />
Kendal Court<br><br />
Ironmasters Way<br><br />
Telford<br><br />
TF3 4DT<br />
<br />
'''Address for PPI S.A.R - (Subject Access Request) where a copy/copies of agreement(s) are being requested'''<br><br />
PPI Customer Concerns Team<br><br />
FAO Information Request Team Hardman Boulevard<br><br />
5th Floor, Hardman Boulevard<br><br />
Manchester<br><br />
M3 3AQ.<br />
<br />
<br />
<br />
'''COMPLAINTS DEPARTMENT EMAIL ADDRESS: -'''<br />
<br />
[https://www.natwest.com/secure/global/contact_us/default.htm Online Form]<br />
<br />
or send to [mailto:feedback@NatWest.com feedback@NatWest.com]<br />
<br />
<br />
'''CUSTOMER SERVICE/COMPLAINTS CONTACT NUMBER: -'''<br />
<br />
Contact Your Branch<br />
<br />
<br />
'''INTERNET BANKING WEBSITE: -'''<br />
<br />
[http://www.natwest.com/redirects/onlinebanking/index.asp Log On]<br />
<br />
<br />
'''HOW TO OBTAIN YOUR STATEMENTS ON LINE: -'''<br />
<br />
Only 6 Months available online so send S.A.R - ([[Subject Access Request]])<br />
<br />
<br />
'''OTHER CONTACTS: -'''<br />
<br />
Card Services - fax number + Data Protection Act....01702 278306<br />
<br />
Customers in Financial Difficulty: 0845 600 6423<br />
<br />
<br />
NatWest Customer Relations,<br />
<br />
Freepost NAT12685,<br />
<br />
Borehamwood,<br />
<br />
Hertfordshire.<br />
<br />
WD6 1BR<br />
<br />
<br />
NatWest (or Royal Bank of Scotland).<br />
<br />
Fred Goodwin<br />
<br />
Group Chief Executive<br />
<br />
The Royal Bank of Scotland Group plc<br />
<br />
PO Box 1000<br />
<br />
Edinburgh<br />
<br />
EH12 1HQ<br />
<br />
<br />
OR<br />
<br />
<br />
Gordon Pell<br />
<br />
Chairman and Chief Executive, Retail Banking<br />
<br />
The Royal Bank of Scotland Group plc<br />
<br />
PO Box 1000<br />
<br />
Edinburgh<br />
<br />
EH12 1HQ<br />
<br />
== NatWest Charges-A Guide ==<br />
<br />
'''Uarranged Borrowing Fee or Maintenance Charge'''<br />
<br />
This is when you have an overdraft or not and you go over that. The bank charges through charging periods which last a month and the charge goes out at the end of the month.<br />
<br />
In 2000 it was £14 which then increased to £20 from April 2003 and then £28 from September 2004.<br />
<br />
<br />
'''Unpaid Item/Return Cheque Fee'''<br />
<br />
This appears on the statement and is when there is not sufficient funds in the account the previous working day(mon to Friday) to cover either a cheque, a direct debit or standing order to cover the amount going out. The bank "bounces" or does not pay the item and you get charged for it.<br />
<br />
In 2000 it was £30 which went up to £38 from March 2005 (for businesses this is currently £35). From November 2007 max charge per day is £114 or three items.<br />
<br />
<br />
'''Card Misuse or Guaranteed Card Payment Fee (gtee card pymt)'''<br />
This is when an item is paid by switch and goes through the account when the account is over its agreed or unagreed overdraft.<br />
<br />
In 2000 this was £25 and then went up in March 2005 to £35<br />
<br />
<br />
'''Referral Fee''' <br />
This is when an item is, rather than bounced is paid which takes the account over an agreed or unagreed overdraft by more than £26. 3 charges maximum a month on that last one.<br />
x<br />
It was £25 per item (maximum of £75 per month). This changed in September 2004 to £30 per item (maximum of £90 per month).<br />
<br />
<br />
'''Card Recovery Fee''' <br />
<br />
This is when someone comes round to your house to recover your bank card<br />
<br />
The fee is £125<br />
<br />
== Advantage Gold and Unarranged Borrowing/Maintenance Charge ==<br />
<br />
<br />
Advantage Gold is a service fee so cannot be claimed and Unarranged Borrowing/Maintenance Charge is going over an arranged or unarranged overdraft without prior consent which can be claimed. <br />
<br />
A quick tip as to whether it is or is not an Advantage Gold account is that at the top of the statement it says Advantage Gold. If it was converted back the fee goes out at the end of the following month. The bank has changed the name of Unarraged Borrowing to Maintenance Charge on August 10th 2007.<br />
<br />
'''Some background info first'''<br />
<br />
In 2001, NatWest was taken over by the Royal Bank of Scotland Group and replaced the NatWest computer systems as well as aligning charges to the RBS Bank model of charges. That means that the Advantage Gold charge and the Unarranged Borrowing Fee were put together as one from October 2002.<br />
<br />
'''How much was Advantage Gold and what was the amounts in question?'''<br />
<br />
I am taking my starting point from when it was unclear so October 2002 so, for those that, are claiming so we have the charges as follows:<br />
*October 2002 The Advanntage Gold fee was £6<br />
*September 2003 The fee went up to £9<br />
*From July 2005 it was £10<br />
*From June 2006 it was £12<br />
*From April 28th 2008 it is £12.95<br />
<br />
A quick note though, during 2002/3 there was a special charge for certain people trialling the newer Advantage Gold benefits which was £7.50.<br />
<br />
'''So how do I work out what is the Advantage Gold and Unarranged Borrowing charge?'''<br />
<br />
31 Jan Charges 02jan-A/C XXXXXXXX £40<br />
<br />
<br />
The statement may say:<br />
<br />
Charge £20 so that is £14 Unarranged Borrowing and £6 ADGD fee, <br />
<br />
or £29 which is £20 Unarranged Borrowing and £9 ADGD fee, or £37 which is Unarranged Borrowing and £9 ADGD, <br />
<br />
or £38 which is £28 Unarranged Borrowing and £9 ADGD, or £40 which is £28 Unarranged Borrowing and £12 ADGD fee <br />
<br />
or £40.95 is £28 maintenace charge and £12.95 Advantage Gold.<br />
<br />
However, if you converted the account back from advantage gold partially through the month it may have something like this:<br />
<br />
31Jan06 Charges £34.50 which is £28 Unarranged Borrowing and £6.50 ADGD.<br />
<br />
There are some anomalies outside of this period. Some accounts that have been dowgraded from Advantage Gold will have a partial maintenance Fee charged as well.<br />
<br />
== How do i get the account number when it is closed? ==<br />
<br />
<br />
'''How can NatWest find an account that had been closed?'''<br />
<br />
This advice is specifically for those who's account was open on or prior to October 2002 and information is unfortunately incomplete for post October 2002.<br />
<br />
<br />
'''Why is October 2002 an important date?'''<br />
<br />
On 4th October 2002, NatWest PLC computer system ran for the last time. On October 5th 2002 RBS Group PLC computer system became live with real time banking. <br />
<br />
'''Why is this important?'''<br />
<br />
Effectively NatWest PLC computer system froze in time at the above date. The old NatWest PLC produced a note on customer accounts everytime correspondence, marketing, complaints and charges- when a letter WAS actually sent out to you on every ocassion.<br />
<br />
'''How does that help me to get my account number?'''<br />
<br />
The new RBS Group PLC computer system still has access to the old system called the NatWest Archive which has a search system under name, sort code and gender. Very simple and accessible to all branch staff. So if your account was open on October 5th 2002 then you can go to your branch and get the account number with simple straightforward information.<br />
<br />
'''What else would I need?'''<br />
<br />
Address details for October 2002, identification for yourself(or the branch would be in breach of Data Protection Act and ID procedures) and the details mentioned above,<br />
<br />
'''What about for accounts after October 2002?'''<br />
<br />
On this point Ithis information is incomplete For what its worth NatWest can do a search under name and branch name but it may be difficult to confirm account details as there is no address on this search engine.<br />
<br />
A lot of staff working for RBS Group PLC Data Protection Unit are unaware of a search engine to locate accounts so i thought i would add it here:<br />
<br />
Back Office 04, 26, 45, option 1. This produces 12 options one of them is a search facility. You do need the sort code of the branch you opened the account at plus the post code, Date Of Birth, name, but it takes approximately 30 seconds and any NatWest employee can find it.<br />
<br />
<br />
== Abbreviations on Statements ==<br />
<br />
ATM - Automated Teller (Cash) Machine<br />
<br />
BAC - Automated Credit<br />
<br />
BGC - Bank Giro Credit<br />
<br />
CHG - Charge<br />
<br />
D/D - Direct Debit<br />
<br />
DIV - Dividend<br />
<br />
DR - Account Overdrawn or Debit Item<br />
<br />
IBP - Inter Branch Payment<br />
<br />
INT - Interest<br />
<br />
ITL - International<br />
<br />
NDC - No Dividend Counterfoil<br />
<br />
OTR - Online Banking<br />
<br />
PO - Post Office<br />
<br />
POS - Point of Sale - Switch/Maestro<br />
<br />
S/O - Standing Order<br />
<br />
SBT - Funds Transfer<br />
<br />
TLR - Teller Transaction<br />
<br />
TMS - Travel Money Service<br />
<br />
TSU - Telephone Banking<br />
<br />
<br />
== NatWest Online Statements ==<br />
As from 16th August 2008 you can now view statements on-line back to October 5th 2002<br />
<br />
Quick guide:<br />
*(1) Log into NatWest online banking,<br />
*(2) Go to statements on the right hand side and click on that,<br />
*(3) then on the drop down menu it says "historic transactions" then you need to choose dates not more than 12 months, ie 5th October 2002 until 4th October 2003, etc,etc,.<br />
<br />
<br />
<br />
== Reasons for Account Closures ==<br />
<br />
This are the main reasons for account closures. I am sure someone will say what about this but most will fall within the 9 reasons and not all examples will fit your exact circumstances.<br />
<br />
<br />
'''1)''' Customer Request- This is where you go into the branch or post a request to close the account. The account can only be closed if the balance is at zero or brought to zero if account is overdrawn.<br />
<br />
'''2)'''Dormant account- This is when the account has not been used for a number of years and attempt to contact the customer has been fruitless.<br />
<br />
'''3)''' Account Opening Irregularities- This is when the identification used has not been in accordance with bank procedure or where information on the account opening form does not tie up. The account is closed within 24 hours of opening.<br />
<br />
'''4)''' Credit Management Services- This is where the account has been incurring charges and has gone past the point in which it considered that it can be maintained by the customer. The account is transferred to them and the account is closed once the balance has been paid off.<br />
<br />
'''5)''' Breakdown in Relationship with customer- This can include threats to staff, other customers in the branch and telephone threats.<br />
<br />
'''6)''' Declared Bankrupt- This is bank policy that if someone who is a Bankrupt or made Bankrupt will have their account closed.<br />
<br />
'''7)''' Dubious account activity- This includes using the account for fraudulent purposes.<br />
<br />
'''8)'''Government Sanctions- This is my terminology, where the Government ask for account to be closed because of terrorist activities, global sanctions and the like.<br />
<br />
'''9)''' A second Gesture of Goodwill Payment- This is a rare occurrence that after 2 gesure of goodwill refunds that the account is closed.<br />
<br />
<br />
== NatWest Charges and under 18 years old or card plus account ==<br />
<br />
You cannot be charged anything when you are under the age of 18. You are classed as a minor. That means that if the charges takes you over the 0 mark into minus figures, the bank are by our automated returns policy giving an overdraft to a minor which is both contrary to the Credit Consumer Act and furthermore is contrary to the current terms and conditions. <br />
<br />
'''Condition 6.1.1''' state "unless indicated otherwise in the Account Specific Conditions for your account, arranged overdrafts are available on request if you are aged 18 or over and you satisfy our criteria. We can change your overdraft limit by notifiying you personally to tell you what the new limit will be"<br />
<br />
This could be an unarranged overdraft and therefore not a valid reason.<br />
<br />
'''Account specific terms'''<br />
<br />
Paragraph 2 on Card plus accounts specifically states:<br />
<br />
'''2.5''' "Arranged overdrafts are not permitted on your account. If your account becomes overdrawn, we may inform your parent or guardian."<br />
<br />
Ok same argument but parent or guardian MAY be informed.<br />
<br />
If the account is a card plus there is a term 2.4 "Standing order and direct debit payments are NOT permitted on your account"<br />
<br />
The bank have allowed Direct Debits and standing orders to be set up so when they returned the DD's or SO's they must surely put RD and not charge as it is not a permissable account for them.<br />
<br />
'''Paragraph 2.7''' "When you reach 18 years of age we may change your account to a step account or a current plus account or a student account. We will notify you personally at least 30 days before we do this at which time we will provide you with up to date copis of personal and private banking terms and condions and personal and private banking- a guide to fees and interest."<br />
<br />
Have they done this, really? If not then clearly the argument I have heard that NatWest can take charges from you from the age of 16 years of age is total and utter hogwash. <br />
<br />
<br />
== Related Pages ==<br />
[[Natwest Student Account 2008-9]]<br />
== Other Banks ==<br />
<br />
See the [[Banks]] page for a list of other banks and credit cards<br />
<br />
<br />
'''''Created by [[User:Me01273|Me01273]] 23:17, 28 May 2007 (BST)'''''<br />
<br />
[[Category:Contact_Details]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Hardship_%26_Stayed_Claims&diff=3445Hardship & Stayed Claims2009-05-08T18:11:53Z<p>Mbrowne: /* Priority Debts */</p>
<hr />
<div>== Hardship and Stayed Claims ==<br />
<br />
<br />
<br />
===Letter for an application for consideration for hardship ===<br />
<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<br />
*<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
Your Name<br />
<br />
Your address<br />
<br />
<br />
<br />
Your Bank<br />
<br />
Your banks Address<br />
<br />
<br />
<br />
Date <span style="color:red">xx/xx/xx </SPAN> <br />
<br />
<br />
Claim reference Number <span style="color:red">xxxxxxxxx </SPAN> <br />
<br />
Account number <span style="color:red">xxxxxxxxx </SPAN> <br />
<br />
<br />
Dear Sir/Madam,<br />
<br />
'''Notice of Consideration for Hardship Status'''<br />
<br />
Please find attached a detailed summary of my financial standing, as evidence in support of my claim/request, be treated sympathetically and speedily in view of hardship.<br />
<br />
In making this request, I remind you of your duty to comply with conditions agreed in the waiver of July 2007 and continuation of July 2008 between yourselves and the FSA.<br />
<br />
I look forward to acknowledgment of this, with an undertaking that you will proceed to process it within the requirements of the terms agreed within the waiver.<br />
<br />
<br />
<br />
Yours Faithfully<br />
<br />
<span style="color:red">xxxxxxxxx </SPAN> <br />
<br />
<br />
<br />
Enc; Financial Statement.<br />
</div></blockquote><br />
|}<br />
<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''Data Protection Act 1998.'''<br />
<br />
I give my permission for you to process/use data related to me, in the course of processing my claim/inquiry to a satisfactory conclusion.<br />
<br />
Signed <span style="color:red">xxxxxxxxx </SPAN> <br />
Name <span style="color:red">xxxxxxxxx </SPAN> <br />
<br />
<br />
Date <span style="color:red">xx/xx/xx </SPAN> <br />
</div></blockquote><br />
|}<br />
<br />
== Priority Debts ==<br />
<br />
It is worth pointing out that most banks are looking at hardship as priority debt arrears, specifically the level of priority debt arrears against free income available. So any letter should emphasise any arrears, threats of legal proceedings, repossession you may have against any of the list below, and include copies of letters/documents showing any priority debt arrears:<br />
<br />
The following are generally regarded as priority debts:<br />
<br />
*Mortgage<br />
*Secured Loan<br />
*Rent<br />
*Council Tax <br />
*Gas<br />
*Electricity <br />
*Water<br />
*Maintenance / Child Support<br />
*Magistrates Court Fines<br />
*CCj's<br />
*Hire Purchase Goods<br />
*Telephone<br />
<br />
Also worth mentioning are:<br />
*Reduced income/loss of job<br />
*Serious health issues both physically and mentally<br />
*Threat of possible suicide<br />
*No money for food or rent<br />
<br />
=== Spreadsheet for income and expenditure :- ===<br />
<br />
<br />
'''[http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=3371&d=1217591713 Hardship Spreadsheet]'''<br />
<br />
<br />
Big thank you to Mr Lex and MARTIN3030 for creating this template<br />
<br />
<br />
<br />
For new hardship claims it would be a good idea to include in your letter to the bank the list of criteria (highlighting those which apply most to you) which the FSA require for there to be a triggering of hardship and which the banks have to consider before rejecting a claim.See below:<br />
<br />
== FSA Waiver Direction ==<br />
The FSA has issued further directions to the banks regarding an extension of the waiver until January 2008.<br />
<br />
Annexe 2 gives guidance for claims under financial hardship:<br />
'''[http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf here]'''<br />
<br />
<br />
<br />
'''Annex 2 – Dealing with complainants in financial difficulty'''<br />
<br />
'''1.''' The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.<br />
<br />
'''2.''' In making an assessment of financial difficulty the firm will take into account:<br />
<br />
'''a.''' evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;<br />
<br />
'''b.''' evidence of the following events:<br />
<br />
*'''i.'''items repeatedly being returned unpaid due to lack of available funds;<br />
<br />
*'''ii.''' failing to make loan repayments or other commitments;<br />
<br />
*'''iii.''' discontinuation of regular credits;<br />
<br />
*'''iv.''' notification of some form of insolvency or court proceedings;<br />
<br />
*'''v.''' regular requests for increased borrowing or repeated rescheduling of debts;<br />
<br />
*'''vi.''' making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and<br />
<br />
*'''vii.''' repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).<br />
<br />
'''3.''' If during the handling of the complaint the firm becomes aware (including by notification from the complainant) that the complainant may be in, or heading towards financial difficulties, the firm will contact the complainant to outline their approach to financial difficulty cases and to encourage the customer to contact the firm if the customer is worried about their position. The firm will also provide signposts to sources of free, independent money advice.<br />
<br />
'''4.''' The firm will make available to complainants straightforward information in plain English on the firm’s procedures and systems for dealing with customers in financial difficulty.<br />
<br />
'''5.''' If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.<br />
<br />
'''6.''' Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty.</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Nationwide&diff=3444Nationwide2009-05-08T15:23:30Z<p>Mbrowne: /* Contact Details */</p>
<hr />
<div>== Description of Charges ==<br />
<br />
Cheque card misuse fee<br><br />
Unauthorised Overdraft Fee<Br><br />
Unauthorised regular transfer fee<Br><br />
Unpaid Bill Payment Fee<br><br />
Unpaid cheque fee<Br><br />
Unpaid DD Fee<br><br />
Unpaid Standing Order Fee<br />
<br />
== Contact Details ==<br />
<br />
'''REGISTERED ADDRESS: -'''<br />
<br />
NATIONWIDE BUILDING SOCIETY<br />
<br />
NATIONWIDE HOUSE<br />
<br />
PIPERS WAY<br />
<br />
SWINDON<br />
<br />
SN38 1NW<br />
<br />
'''DATA PROTECTION ACT'''<br><br />
Data Protection Team,<br><br />
Nationwide Building Society<br><br />
Kings Park road,<br><br />
Moulton Park<br><br />
Northampton NN3 6NW<br><br />
Tel 01604 855060<br><br />
Fax 01604 854933<br />
<br />
'''PRELIM LETTER & LBA''' <br><br />
Nationwide Building Society<br><br />
Branch Service Centre<br><br />
Electra House<br><br />
Farnsby Street<br><br />
Swindon<br><br />
SN38 9NQ<br />
<br />
Nationwide Building Society<br><br />
Account Maintenance<br><br />
Refund Charge Team<br><br />
Kings Park Road<br><br />
Moulton Park<br><br />
Northampton<br><br />
NN3 6NW<br />
<br />
<br />
<br />
'''COMPLAINTS DEPARTMENT EMAIL ADDRESS: -'''<br />
<br />
[http://nationwide.co.uk/security/secure-online-banking/Cookies.htm Log On] and use the secure messaging service<br />
<br />
<br />
'''CUSTOMER SERVICE/COMPLAINTS CONTACT NUMBER: -'''<br />
<br />
08457 30 20 10<br />
<br />
Nationwide's switchboard number is 01793 656837<br />
<br />
<br />
'''INTERNET BANKING WEBSITE: -'''<br />
<br />
[http://nationwide.co.uk/security/secure-online-banking/Cookies.htm Log On]<br />
<br />
<br />
'''HOW TO OBTAIN YOUR STATEMENTS ON LINE: -'''<br />
<br />
Just log on to the account you need the statements for, click statements, then click manage statements and it allows you do download them in .PDF format.<br />
<br />
<br />
'''OTHER CONTACTS: -'''<br />
<br />
If You Have This Information Please edit here or PM a Moderator<br />
<br />
== Other Banks ==<br />
<br />
See the [[Banks]] page for a list of other banks and credit cards<br />
<br />
<br />
'''''Created by [[User:Me01273|Me01273]] 23:11, 28 May 2007 (BST)'''''<br />
<br />
<br />
[[Category:Contact_Details]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Hardship_%26_Stayed_Claims&diff=3441Hardship & Stayed Claims2009-05-05T16:33:06Z<p>Mbrowne: /* Letter for an application for consideration for hardship */</p>
<hr />
<div>== Hardship and Stayed Claims ==<br />
<br />
<br />
<br />
===Letter for an application for consideration for hardship ===<br />
<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<br />
*<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
Your Name<br />
<br />
Your address<br />
<br />
<br />
<br />
Your Bank<br />
<br />
Your banks Address<br />
<br />
<br />
<br />
Date <span style="color:red">xx/xx/xx </SPAN> <br />
<br />
<br />
Claim reference Number <span style="color:red">xxxxxxxxx </SPAN> <br />
<br />
Account number <span style="color:red">xxxxxxxxx </SPAN> <br />
<br />
<br />
Dear Sir/Madam,<br />
<br />
'''Notice of Consideration for Hardship Status'''<br />
<br />
Please find attached a detailed summary of my financial standing, as evidence in support of my claim/request, be treated sympathetically and speedily in view of hardship.<br />
<br />
In making this request, I remind you of your duty to comply with conditions agreed in the waiver of July 2007 and continuation of July 2008 between yourselves and the FSA.<br />
<br />
I look forward to acknowledgment of this, with an undertaking that you will proceed to process it within the requirements of the terms agreed within the waiver.<br />
<br />
<br />
<br />
Yours Faithfully<br />
<br />
<span style="color:red">xxxxxxxxx </SPAN> <br />
<br />
<br />
<br />
Enc; Financial Statement.<br />
</div></blockquote><br />
|}<br />
<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''Data Protection Act 1998.'''<br />
<br />
I give my permission for you to process/use data related to me, in the course of processing my claim/inquiry to a satisfactory conclusion.<br />
<br />
Signed <span style="color:red">xxxxxxxxx </SPAN> <br />
Name <span style="color:red">xxxxxxxxx </SPAN> <br />
<br />
<br />
Date <span style="color:red">xx/xx/xx </SPAN> <br />
</div></blockquote><br />
|}<br />
<br />
== Priority Debts ==<br />
<br />
It is worth pointing out that most banks are looking at hardship as priority debt arrears, specifically the level of priority debt arrears against free income available. So any letter should emphasise any arrears, threats of legal proceedings, repossession you may have against any of the list below:<br />
<br />
The following are generally regarded as priority debts:<br />
<br />
*Mortgage<br />
*Secured Loan<br />
*Rent<br />
*Council Tax <br />
*Gas<br />
*Electricity <br />
*Water<br />
*Maintenance / Child Support<br />
*Magistrates Court Fines<br />
*CCj's<br />
*Hire Purchase Goods<br />
*Telephone<br />
<br />
Also worth mentioning are:<br />
*Reduced income/loss of job<br />
*Serious health issues both physically and mentally<br />
*Threat of possible suicide<br />
*No money for food or rent<br />
<br />
=== Spreadsheet for income and expenditure :- ===<br />
<br />
<br />
'''[http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=3371&d=1217591713 Hardship Spreadsheet]'''<br />
<br />
<br />
Big thank you to Mr Lex and MARTIN3030 for creating this template<br />
<br />
<br />
<br />
For new hardship claims it would be a good idea to include in your letter to the bank the list of criteria (highlighting those which apply most to you) which the FSA require for there to be a triggering of hardship and which the banks have to consider before rejecting a claim.See below:<br />
<br />
== FSA Waiver Direction ==<br />
The FSA has issued further directions to the banks regarding an extension of the waiver until January 2008.<br />
<br />
Annexe 2 gives guidance for claims under financial hardship:<br />
'''[http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf here]'''<br />
<br />
<br />
<br />
'''Annex 2 – Dealing with complainants in financial difficulty'''<br />
<br />
'''1.''' The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.<br />
<br />
'''2.''' In making an assessment of financial difficulty the firm will take into account:<br />
<br />
'''a.''' evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;<br />
<br />
'''b.''' evidence of the following events:<br />
<br />
*'''i.'''items repeatedly being returned unpaid due to lack of available funds;<br />
<br />
*'''ii.''' failing to make loan repayments or other commitments;<br />
<br />
*'''iii.''' discontinuation of regular credits;<br />
<br />
*'''iv.''' notification of some form of insolvency or court proceedings;<br />
<br />
*'''v.''' regular requests for increased borrowing or repeated rescheduling of debts;<br />
<br />
*'''vi.''' making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and<br />
<br />
*'''vii.''' repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).<br />
<br />
'''3.''' If during the handling of the complaint the firm becomes aware (including by notification from the complainant) that the complainant may be in, or heading towards financial difficulties, the firm will contact the complainant to outline their approach to financial difficulty cases and to encourage the customer to contact the firm if the customer is worried about their position. The firm will also provide signposts to sources of free, independent money advice.<br />
<br />
'''4.''' The firm will make available to complainants straightforward information in plain English on the firm’s procedures and systems for dealing with customers in financial difficulty.<br />
<br />
'''5.''' If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.<br />
<br />
'''6.''' Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty.</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=CRA%27s:_Who_Uses_Which_CRA&diff=3436CRA's: Who Uses Which CRA2009-05-03T21:32:06Z<p>Mbrowne: </p>
<hr />
<div>With thanks to Undergound at MSE. See original thread for updates<br />
'''[http://forums.moneysavingexpert.com/showthread.html?t=1033817 here]'''<br />
<br />
<br />
Below is a list of major financial companies which provide bank accounts, credit cards, mobile phone contracts, loans, home shopping catalogues and mortgages with which agency they use to search and report to <br />
<br />
<br />
Key: <br />
EQ = Equifax<br />
EX = Experian<br />
CC = Call Credit<br />
<br />
<br />
**** DISCLAIMER: THIS POST IS A GUIDE ONLY AND ANY INFORMATION CONTAINED WITHIN IS NOT GUARANTEED TO BE ACCURATE. ALL INFORMATION POSTED IS BASED ON THE EXPERIENCE OF OTHER MSE FORUM USERS ****<br />
<br />
<br />
[[Image:CRA1.JPG]]<br />
<br />
[[Image:CRA2.JPG]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=File:CRA2.JPG&diff=3435File:CRA2.JPG2009-05-03T21:18:54Z<p>Mbrowne: </p>
<hr />
<div></div>Mbrownehttp://consumerwiki.co.uk/index.php?title=File:CRA1.JPG&diff=3434File:CRA1.JPG2009-05-03T21:18:26Z<p>Mbrowne: </p>
<hr />
<div></div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Scottish_Step_by_Step&diff=3432Scottish Step by Step2009-05-03T18:59:00Z<p>Mbrowne: </p>
<hr />
<div>Originally from here: http://www.consumeractiongroup.co.uk/forum/scotland/94302-updated-scottish-procedure.html<br />
<br />
'''<u>Step by Step Guide for Residents of Scotland</u>'''<br />
<br />
Note: Most people claim back charges for the last five years in Scotland. However, there have been a number of claims that have successfully gone back further, and as of April 2007 there are several claims in process using arguments which, if successful, should open the way for claims going back up to twenty years.<br />
<br />
'''1: Get your statements'''<br />
<br />
Send a Subject Access Request under the Data Protection Act 1998 to receive all information held by them about you. Make sure you specidfically ask them to include a list of transactions. Bank Statements per se are not covered by the Data Protection Act, but most banks will send these out to you to comply with your request for a list of transactions.<br />
<br />
'''2: Add up your charges'''<br />
<br />
Use a spreadsheet to detail all the penalty charges the bank have taken from you over the past 5 years.<br />
<br />
'''3: Write and demand that they repay those charges'''<br />
<br />
Send the Preliminary Letter from the templates library to demand the charges back. Make sure you include a copy of your list of charges.<br />
<br />
'''4: Send a Letter before Action (LBA)'''<br />
<br />
If the bank doesn’t refund your charges after the first letter, send a final letter demanding the bank repay your charges, and threatening legal action if they don’t. At this stage you should decide if you are going to take the claim through the Scottish Courts system, the English Courts system, or if you will use the Financial Ombudsman.<br />
<br />
<u>Option 1) Claiming through the Scottish Courts System</u><br><br />
(Guidance notes for small claims from [http://www.scotcourts.gov.uk/ www.scotcourts.gov.uk])<br />
<br />
At the moment (April 2007) we are only recommending that claims UNDER £3000 are taken through the courts in Scotland. This keeps the claim in Small Claims. Splitting claims into parts is not recommended as some courts have been refusing to accept second and/or subsequent claims on the same account, as it is a breach of the rules. Summary Cause and Ordinary Cause are available tracks for higher amounts BUT ARE NOT RECOMMENDED for individuals. If you lose in Summary Cause or Ordinary Cause you will be fully liable for the bank’s costs. Although it is most unlikely that the bank would attempt to justify their charges, their atrategy is far more likely to involve trying to have your claim struck out on a technicality,which would still expose you to their costs.<br />
<br />
<u>Option 2) Claiming through the English Courts System</u><br><br />
If your charges are over £3000, and your bank’s registered office is in England, you can take action through the English Courts system. The limit for small claims in England is £5000. Fast track in England (p to £15k) is also open to litigants in person. You will not be able to use moneyclaimonline.co.uk, because it requires an English address for the claimant. Instead, you will need to fill in an [[N1]] claim form, which is available in the templates library. It is very straightforward to fill in.<br />
<br />
<u>Option 3) Claiming through the Financial Ombudsman.</u><br><br />
This is suitable for any level of claim, and the Financial Ombudsman Service (FOS) handle your claim to resolution. There is no reason why the FOS will not get a full refund for you, and the timescales can be around 8 - 12 weeks from the complaint. There is a section on the [http://www.financial-ombudsman.org.uk/consumer/complaints.htm: FOS website] with details how to proceed.<br />
<br />
'''5: Take Action'''<br />
<br />
<u>Small Claims in the Sheriff Court</u><br />
<br />
[http://www.scotcourts.gov.uk/sheriff/small_claims/guidance_notes.asp Small Claims Guidance Notes (from scotcourt.gov.uk please read before proceeding)]<br />
<br />
Costs: ( court lodging dues )<br>claims up to £200 = £15<br>claims from £200 to £3000 = £65<br />
<br />
If you are on a low income or benefits you may be exempt from court fees. The form to claim this is [http://www.scotcourts.gov.uk/library/civil/docs/fee_exemption_app.pdf here]<br />
<br />
Risks:<br>Claims below £200 - no award for expenses to either party<br><br />
Claims over £200 to £3000 - maximum expenses award £75<br><br />
These may be awarded against you in the unlikely event that you lose, or if you do not comply with directions issued and your claim is struck out. It is very rare for costs to be awarded to either side in a small claims action.<br />
<br />
'''<u>Interest</u>''' <br><br />
Interest should be added to each charge using [http://www.scotcourts.gov.uk/library/civil/docs/fee_exemption_app.pdf this spreadsheet.] The total amount of charges plus interest will form your claim. This means that if your charges amount to £500, and the interest from the date of charge amounts to £200, your total claim will be for £700. The judicial interest which is refered to in the claim form is '''calculated from the date of service''', which means from the date that the claim form is served on the bank.<br />
<br />
To raise a small claim two forms need to be completed, which you can get from your local court, 1A and 1B. 1B is the copy served on the Defender and both copies should be completed identically.<br />
<br />
Attach a copy of your schedule of charges to each form<br />
<br />
<u>COMPLETING THE FORMS</u><br />
<br />
<u>Form 1A</u> - Download in [http://www.consumeractiongroup.co.uk/forum/scotland/94302-updated-scottish-procedure.html MS WORD HERE] - [http://www.scotcourts.gov.uk/sheriff/small_claims/forms/Form1a.pdf in PDF format HERE]<br><br />
The form is here<br><br />
It is divided into sections and is quite straightforward to complete<br />
<br />
----------------------------------------------------------------------------------------------------<br />
1: Enter name and address of your local sheriffs court<br><br />
[http://www.consumeractiongroup.co.uk/forum/scotland/16053-scottish-jurisdiction-mike-dailly.html ( read notes about Jurisdiction here)]<br />
<br />
<br />
2: Enter your name and address (you are the Pursuer)<br />
<br />
3: Enter the name and address of the bank you are suing.<br><br />
[http://www.consumeractiongroup.co.uk/forum/scotland/16053-scottish-jurisdiction-mike-dailly.html (read notes about Jurisdiction here)]<br><br />
(They are the Defender)<br />
<br />
4: This is the value of your claim. Enter the following...<br />
<br />
Quote:<br />
<br />
The Pursuer claims form the Defender the sum of £ XXX.XX (charges) with interest on that sum at the rate annually from the date of service, together with the expenses of bringing the action.<br />
<br />
<br />
<br />
<br />
<br />
5: Enter - ''None'' - this is for solicitors/representatives names as your claim is in Small Claims this is not required.<br />
<br />
5a: Enter - '' Not Applicable'' - this is only used for submitting documents electronically<br />
<br />
6: Leave - this section will be completed by the Sheriff Officer<br />
<br />
7: Enter your particulars of Claim as follows (amend to your own claim);<br />
<br />
Quote:<br />
<br />
The Pursuer [your name], has held a bank account with the defendent since [DATE] the account number being ******. The Defender deducted from the account various amounts of money in penalty charges during the period [DATE] to [DATE]. These were in respect of 'charges as notified' (levied if a cheque, direct debit or standing order payment was returned because the specific overdraft had been exceeded) The Pursuer contends that these charges were legally unenforceable and therefore the Pursuer is demanding repayment of them. The Defender has refused full payment of these monies due. No admissions are made by the Pursuer as to the incorporation of any term into the contract between the Pursuer and the Defender purporting to entitle the Defender to levy penalty charges. If the Defender is able to establish that the contract did contain these terms, the Pursuer will will contend that these charges are unenforcable by law, being penalty charges designed to penalise the Pursuer for breach of conduct and generate profit for the defendant for the actual loss occuring to the Defender rather than being liquidated damages designed to compensate the defendant for the actual loss occurring to the Defender as a result of the breach. The Pursuer claims from the Defender a sum equivalant to the amount unlawfully debited from the Pursuers account from [DATE] to [DATE]. The sums are in the attached schedule. The contractual provisions that permit the Defender to levy such charges in unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act (1977) and the common law. The Defender has a branch in [PLACE] therefore it is under the jurisdiction of this court. The Pursuer claims £XXX.XX as the sum unlawfully debited.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<u>Form 1B should be completed exactly the same.</u><br />
<br />
Download in [http://www.consumeractiongroup.co.uk/forum/scotland/16053-scottish-jurisdiction-mike-dailly.html MS WORD HERE] - [http://www.consumeractiongroup.co.uk/forum/scotland/16053-scottish-jurisdiction-mike-dailly.html in PDF format HERE]<br />
<br />
<br />
6. Take these forms to the Sheriff Courts with your fee and your schedule of charges.<br />
7. The court will send the summons along with the schedule of charges to the bank.<br />
<br />
You will be sent back form 1a with the '''return date''' and the '''hearing date''' added on to the form by the court. This may take up to 2 weeks.<br />
<br />
8. Contact your Court the date AFTER the RETURN DATE to ask if the bank has shown intent to defend your claim. Bear in mind that solicitors often leave it to the very last minute on the return date to file their defence. If the bank does file a defence, you will then have to take your form back to the court <u>2 days BEFORE the hearing date.</u><br />
<br />
9. If the bank do defend, you will have to attend court on the Hearing Date. This hearing will be a PRELIMINARY HEARING. The Sheriff will decide if all reasonable steps have been taken before court to come to an agreement between Defender and Pursuer. If he is satisfied then an PROOF hearing date will be set. This is the hearing for the presentation of evidence, and will be set for about two months after the preliminary hearing.<br />
<br />
[[Category:Bank_Charges]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Scottish_Step_by_Step&diff=3431Scottish Step by Step2009-05-03T18:54:37Z<p>Mbrowne: </p>
<hr />
<div>Originally from here: http://www.consumeractiongroup.co.uk/forum/scotland/94302-updated-scottish-procedure.html<br />
<br />
'''<u>Step by Step Guide for Residents of Scotland</u>'''<br />
<br />
Note: Most people claim back charges for the last five years in Scotland. However, there have been a number of claims that have successfully gone back further, and as of April 2007 there are several claims in process using arguments which, if successful, should open the way for claims going back up to twenty years.<br />
<br />
'''1: Get your statements'''<br />
<br />
Send a Subject Access Request under the Data Protection Act 1998 to receive all information held by them about you. Make sure you specidfically ask them to include a list of transactions. Bank Statements per se are not covered by the Data Protection Act, but most banks will send these out to you to comply with your request for a list of transactions.<br />
<br />
'''2: Add up your charges'''<br />
<br />
Use a spreadsheet to detail all the penalty charges the bank have taken from you over the past 5 years.<br />
<br />
'''3: Write and demand that they repay those charges'''<br />
<br />
Send the Preliminary Letter from the templates library to demand the charges back. Make sure you include a copy of your list of charges.<br />
<br />
'''4: Send a Letter before Action (LBA)'''<br />
<br />
If the bank doesn’t refund your charges after the first letter, send a final letter demanding the bank repay your charges, and threatening legal action if they don’t. At this stage you should decide if you are going to take the claim through the Scottish Courts system, the English Courts system, or if you will use the Financial Ombudsman.<br />
<br />
<u>Option 1) Claiming through the Scottish Courts System</u><br><br />
(Guidance notes for small claims from [http://www.scotcourts.gov.uk/ www.scotcourts.gov.uk])<br />
<br />
At the moment (April 2007) we are only recommending that claims UNDER £3000 are taken through the courts in Scotland. This keeps the claim in Small Claims. Splitting claims into parts is not recommended as some courts have been refusing to accept second and/or subsequent claims on the same account, as it is a breach of the rules. Summary Cause and Ordinary Cause are available tracks for higher amounts BUT ARE NOT RECOMMENDED for individuals. If you lose in Summary Cause or Ordinary Cause you will be fully liable for the bank’s costs. Although it is most unlikely that the bank would attempt to justify their charges, their atrategy is far more likely to involve trying to have your claim struck out on a technicality,which would still expose you to their costs.<br />
<br />
<u>Option 2) Claiming through the English Courts System</u><br><br />
If your charges are over £750, and your bank’s registered office is in England, you can take action through the English Courts system. The limit for small claims in England is £5000. Fast track in England (p to £15k) is also open to litigants in person. You will not be able to use moneyclaimonline.co.uk, because it requires an English address for the claimant. Instead, you will need to fill in an [[N1]] claim form, which is available in the templates library. It is very straightforward to fill in.<br />
<br />
<u>Option 3) Claiming through the Financial Ombudsman.</u><br><br />
This is suitable for any level of claim, and the Financial Ombudsman Service (FOS) handle your claim to resolution. There is no reason why the FOS will not get a full refund for you, and the timescales can be around 8 - 12 weeks from the complaint. There is a section on the [http://www.financial-ombudsman.org.uk/consumer/complaints.htm: FOS website] with details how to proceed.<br />
<br />
'''5: Take Action'''<br />
<br />
<u>Small Claims in the Sheriff Court</u><br />
<br />
[http://www.scotcourts.gov.uk/sheriff/small_claims/guidance_notes.asp Small Claims Guidance Notes (from scotcourt.gov.uk please read before proceeding)]<br />
<br />
Costs: ( court lodging dues )<br>claims up to £50 = £7<br>claims from £50 to £750 = £39<br />
<br />
If you are on a low income or benefits you may be exempt from court fees. The form to claim this is [http://www.scotcourts.gov.uk/library/civil/docs/fee_exemption_app.pdf here]<br />
<br />
Risks:<br>Claims below £200 - no award for expenses to either party<br><br />
Claims over £200 to £750 - maximum expenses award £75<br><br />
These may be awarded against you in the unlikely event that you lose, or if you do not comply with directions issued and your claim is struck out. It is very rare for costs to be awarded to either side in a small claims action.<br />
<br />
'''<u>Interest</u>''' <br><br />
Interest should be added to each charge using [http://www.scotcourts.gov.uk/library/civil/docs/fee_exemption_app.pdf this spreadsheet.] The total amount of charges plus interest will form your claim. This means that if your charges amount to £500, and the interest from the date of charge amounts to £200, your total claim will be for £700. The judicial interest which is refered to in the claim form is '''calculated from the date of service''', which means from the date that the claim form is served on the bank.<br />
<br />
To raise a small claim two forms need to be completed, which you can get from your local court, 1A and 1B. 1B is the copy served on the Defender and both copies should be completed identically.<br />
<br />
Attach a copy of your schedule of charges to each form<br />
<br />
<u>COMPLETING THE FORMS</u><br />
<br />
<u>Form 1A</u> - Download in [http://www.consumeractiongroup.co.uk/forum/scotland/94302-updated-scottish-procedure.html MS WORD HERE] - [http://www.scotcourts.gov.uk/sheriff/small_claims/forms/Form1a.pdf in PDF format HERE]<br><br />
The form is here<br><br />
It is divided into sections and is quite straightforward to complete<br />
<br />
----------------------------------------------------------------------------------------------------<br />
1: Enter name and address of your local sheriffs court<br><br />
[http://www.consumeractiongroup.co.uk/forum/scotland/16053-scottish-jurisdiction-mike-dailly.html ( read notes about Jurisdiction here)]<br />
<br />
<br />
2: Enter your name and address (you are the Pursuer)<br />
<br />
3: Enter the name and address of the bank you are suing.<br><br />
[http://www.consumeractiongroup.co.uk/forum/scotland/16053-scottish-jurisdiction-mike-dailly.html (read notes about Jurisdiction here)]<br><br />
(They are the Defender)<br />
<br />
4: This is the value of your claim. Enter the following...<br />
<br />
Quote:<br />
<br />
The Pursuer claims form the Defender the sum of £ XXX.XX (charges) with interest on that sum at the rate annually from the date of service, together with the expenses of bringing the action.<br />
<br />
<br />
<br />
<br />
<br />
5: Enter - ''None'' - this is for solicitors/representatives names as your claim is in Small Claims this is not required.<br />
<br />
5a: Enter - '' Not Applicable'' - this is only used for submitting documents electronically<br />
<br />
6: Leave - this section will be completed by the Sheriff Officer<br />
<br />
7: Enter your particulars of Claim as follows (amend to your own claim);<br />
<br />
Quote:<br />
<br />
The Pursuer [your name], has held a bank account with the defendent since [DATE] the account number being ******. The Defender deducted from the account various amounts of money in penalty charges during the period [DATE] to [DATE]. These were in respect of 'charges as notified' (levied if a cheque, direct debit or standing order payment was returned because the specific overdraft had been exceeded) The Pursuer contends that these charges were legally unenforceable and therefore the Pursuer is demanding repayment of them. The Defender has refused full payment of these monies due. No admissions are made by the Pursuer as to the incorporation of any term into the contract between the Pursuer and the Defender purporting to entitle the Defender to levy penalty charges. If the Defender is able to establish that the contract did contain these terms, the Pursuer will will contend that these charges are unenforcable by law, being penalty charges designed to penalise the Pursuer for breach of conduct and generate profit for the defendant for the actual loss occuring to the Defender rather than being liquidated damages designed to compensate the defendant for the actual loss occurring to the Defender as a result of the breach. The Pursuer claims from the Defender a sum equivalant to the amount unlawfully debited from the Pursuers account from [DATE] to [DATE]. The sums are in the attached schedule. The contractual provisions that permit the Defender to levy such charges in unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act (1977) and the common law. The Defender has a branch in [PLACE] therefore it is under the jurisdiction of this court. The Pursuer claims £XXX.XX as the sum unlawfully debited.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<u>Form 1B should be completed exactly the same.</u><br />
<br />
Download in [http://www.consumeractiongroup.co.uk/forum/scotland/16053-scottish-jurisdiction-mike-dailly.html MS WORD HERE] - [http://www.consumeractiongroup.co.uk/forum/scotland/16053-scottish-jurisdiction-mike-dailly.html in PDF format HERE]<br />
<br />
<br />
6. Take these forms to the Sheriff Courts with your fee and your schedule of charges.<br />
7. The court will send the summons along with the schedule of charges to the bank.<br />
<br />
You will be sent back form 1a with the '''return date''' and the '''hearing date''' added on to the form by the court. This may take up to 2 weeks.<br />
<br />
8. Contact your Court the date AFTER the RETURN DATE to ask if the bank has shown intent to defend your claim. Bear in mind that solicitors often leave it to the very last minute on the return date to file their defence. If the bank does file a defence, you will then have to take your form back to the court <u>2 days BEFORE the hearing date.</u><br />
<br />
9. If the bank do defend, you will have to attend court on the Hearing Date. This hearing will be a PRELIMINARY HEARING. The Sheriff will decide if all reasonable steps have been taken before court to come to an agreement between Defender and Pursuer. If he is satisfied then an PROOF hearing date will be set. This is the hearing for the presentation of evidence, and will be set for about two months after the preliminary hearing.<br />
<br />
[[Category:Bank_Charges]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Things_you_really_need_to_know&diff=3430Things you really need to know2009-05-03T18:50:00Z<p>Mbrowne: /* Are you in scotland and want to claim £750 - £1500? */</p>
<hr />
<div>== Do understand that your claim against your bank could end up in a Court!!==<br />
<br />
Since posting of Case Guidance Notes there have already been a number of messages expressing shock that cases might actually go to court.<br />
<br />
You must assume that the claim you are making will end up in court.<br />
You must understand the issues and be sure that you could take your claim all the way if necessary.<br />
<br />
This is not a get-rich-quick scheme.<br />
<br />
<br />
== Are you claiming for a business? ==<br />
<br />
Tax Issues<br />
<br />
<br />
<br />
If you trade under the umbrella of a limited company, any claim for refunding of bank charges must be made by the company itself and normally will not affect you personally. A similar set of circumstances will apply to the company as the situation described below applies to you personally, but the advice of a fully qualified accountant will always be recommended.<br />
<br />
If you have claimed as deductible expenses against self-employed income any bank charges which are subsequently refunded, those refunds must be declared on the tax return pertaining to the period in which the refund was made.<br />
<br />
This can be done by reducing the bank charges paid in the same period of the refund. If this results in a negative figure it can be entered as a negative cost or as other trading income received.<br />
<br />
This will have the unfortunate effect of increasing your taxable profits (or decreasing your trading losses); and although you may not wish to do this, you are in fact required to do so by law.<br />
<br />
If HM Revenue and Customs were to discover an omission of such a declaration, they will re-assess your tax liability and may impose fines, penalties and / or interest.<br />
<br />
Note that any receipts from the bank in excess of that which you had claimed as a tax deductible expense will be treated separately as a personal receipt. How this excess is treated will depend on your personal tax situation.<br />
<br />
You are recommended to seek the professional advice of a qualified accountant if you are in receipt of such refunds and are in any way unsure of how to treat them on your tax return.<br />
<br />
<br />
== Are you in scotland and want to claim £3000 - £5000? ==<br />
<br />
<br />
<br />
What is a summary cause?<br />
<br />
A summary cause is a type of court procedure. You do not need to use a solicitor, but you can if you wish. If it relates to payment of money, it is used where the value of the claim is over £3,000 up to (and including)£5,000 . A summary cause can only be raised in the sheriff courts.<br />
<br />
Still inexpensive to arrange, Summary Cause lets you claim more than "small claims in Scotland"<br />
<br />
Ordinary cause rules will apply in cases over £5,000<br />
<br />
<br />
'''Summary Cause.'''<br />
<br />
[http://www.scotcourts.gov.uk/sheriff/summary_cause/docs/rules.pdf Act of Sederunt governing Summary Cause]<br />
<br />
[http://www.scotcourts.gov.uk/sheriff/summary_cause/guidance_notes.asp Summary Cause Guidance Notes]<br />
<br />
[http://www.scotcourts.gov.uk/sheriff/summary_cause/forms.asp Summary Cause Forms]<br />
<br />
[http://www.scotcourts.gov.uk/sheriff/summary_cause/styles.asp Summary Cause Statement of Claim Styles]<br />
<br />
'''Scottish Sheriff Court Locations'''<br />
<br />
[http://www.scotcourts.gov.uk/locations/index.asp Click here for locations]<br />
<br />
<br />
[http://www.scotcourts.gov.uk/sheriff/summary_cause/index.asp More info here]<br />
<br />
== Filing your Data Protection Act claim at court - guidelines ==<br />
<br />
We have had our first experience of filing a claim for non compliance with a Subject Access Request under section 7 of the Data Protection Act.<br />
<br />
The first thing to understand is that under the Small Claims Procedure you can apply to any kind of remedy - not only money. However, it is unusual to apply for non monetary remedies using the small claims procedure.<br />
<br />
The court officials told a user that he needed a form N244 - Application Notice. They told him that he was making a pre-action application. This was not true. A claim under the Data Protection Act is a substantive claim and not "pre-action".<br />
<br />
The court staff were clearly confused and were really just trying to rely on previous experience to do with this matter. They eventually agreed that an Application Notice would not be the correct form and they then said that the Data Protection Act claim should be started using a part 8 claim form. However a part 8 claim form would automatically begin a court action off the small claims track!!<br />
<br />
Eventually, after much insistence, the court manager was called but he also seemed to be rather confused. The problem is that the Data Protection Act claim did not contain any figure the damages and it was this that made the court staff believe that it had nothing to do with small claims. Our User persisted and eventually was allowed to commence his claim on an ordinary N1 to which he paid a fee of £30.<br />
<br />
Of course it will be for the judge managing the case to decide whether the claim should stay on the small claims track. However it is a simple matter, there are no issues of law, there are no large sums of money, it is completely suitable for small claims track.<br />
<br />
<br />
== Data Protection Act FAQ's ==<br />
<br />
This FAQ needs some careful reading<br />
<br />
<br />
<br />
The challenge to the charging of excessive penalties by the banks and credit card companies involves a number of important Data Protection issues. These issues include the obtaining of information (Subject Access Requests – SARs) from the banks as to the unlawful charges which they have levied and very importantly the entering of defaults on bank customers in the credit files of Credit Reference Agencies.<br />
<br />
We consider that it is beyond question that to enter a default in respect of a debt which is comprised entirely (or even remotly) of unlawful penalties is an abuse of the bank’s privileged access to the credit register. We are completely satisfied that such a default entry is a breach of the Data Protection Act 1998 and that it is also defamatory.<br />
<br />
We hope that victims of unlawful penalties who have been defaulted in this way will soon start to make complaints about this aspect of the penalty charges in addition to merely claiming the return of their money.<br />
<br />
We would expect that the victims of defamatory default notices would be able to recover damages both from the banks and from the Credit Reference Agencies.<br />
<br />
For this reason an analysis of the Data Protection Act has been carried out and the following FAQ has been prepared. Hopefully it is not too complicated and no doubt it will be refined and expanded as User comments are received. Ideally this FAQ should be read in conjunction with the Data Protection Act which is linked in the library and also the helpful pamphlets published by the office of the Data Protection Commissioner whose website is also linked in the library<br />
<br />
<br />
----------------------------------------------------------------<br />
<br />
<br />
<br />
<br />
Q. What is The Data Protection Act 1998?<br />
<br />
<br />
A. It is a law which seeks to give protection to individuals in respect of personal data which is held about them and in respect of the way that this personal data is handled. The UK Data Protection Act derives ultimately from Art.8 of the Convention on Human Rights which guarantees the right to privacy of the individual.<br />
<br />
---<br />
<br />
Q. What protections does the Data Protection Act give me?<br />
<br />
A. The entire Data Protection regime is subject to 8 principles:<br />
<br />
1. Personal data must be processed fairly and lawfully<br />
<br />
2. Personal data may be obtained only for purposes which have been specified to the Data Protection Commissioner and may not be processed for other purposes.<br />
<br />
3. Personal data must be adequate, relevant and must not exceed what is needed for the specified purpose<br />
<br />
4. Personal data must be accurate and kept up to date.<br />
<br />
5. Personal data must not be kept for longer than is necessary<br />
<br />
6. Personal data may only be processed in accordance with the rights of data subjects under the Act.<br />
<br />
7. Personal data must be secure against abuse, loss or destruction<br />
<br />
8. Personal data must not be transferred to jurisdictions outside the European Economic Area which do not have acceptable levels of protection. (All jurisdictions within the EEA are assumed to have acceptable data protection)<br />
<br />
---<br />
<br />
Q. What is a “[[data subject]]”?<br />
<br />
A. It is YOU.<br />
<br />
---<br />
<br />
Q. What is a “[[Data Controller]]”?<br />
<br />
A. Any individual, group of individuals or company or other organisation which controls the processing of personal data about you.<br />
<br />
---<br />
<br />
Q. What is the Data Protection Commissioner?<br />
<br />
A. He and his office are appointed by the Crown and by the Lord Chancellor to supervise the application of the Data Protection Act.<br />
He is independent of Government.<br />
He has various powers of enforcement in respect of breaches of the Data Protection Act.<br />
<br />
---<br />
<br />
Q. What is “processing”?<br />
<br />
A. Processing is very wide and seems to include any activity relating to personal data including collecting it, holding it, operating on it in any way or disclosing it or passing it on to third parties.<br />
<br />
---<br />
<br />
Q. What is “personal data”?<br />
<br />
A. Personal data is any information about you which can be linked back to you as an identifiable data subject either on its own or by the use of identifiers allowing it to be matched with some other data which may be held about you by some other data controller.<br />
<br />
---<br />
<br />
Q. Does the Data Protection Act apply only to computerised information?<br />
<br />
A. No. It applies also to manual filing systems as long as they can be said to be “relevant filing systems”.<br />
<br />
---<br />
<br />
Q. What is a “relevant filing system”?<br />
<br />
A. A relevant filing system is an attempt to bring manual non-computerised personal information under the protection of the Data Protection Act. The Data Protection Act defines a relevant filing system as a collection of information which relates to individuals and which is structured by reference to those individuals or by reference to criteria relating to those individuals so that specific information relating to a particular individual is readily accessible. (S.1 (1))<br />
<br />
---<br />
<br />
Q. I want to find out what personal data my bank has about me. May I do so?<br />
<br />
A. Yes. You are entitled to make a Subject Access request (S.A.R - (Subject Access Request)). You can ask for all data which is held on you or you can limit your request to particular data which you specify. (s.7)<br />
<br />
---<br />
<br />
Q. How do I make the S.A.R - (Subject Access Request)?<br />
<br />
A. You must make your request in writing. The bank is entitled to charge a maximum fee of £10 for this. (s.7 (2)) You are entitled to make further SARs at reasonable intervals.<br />
<br />
---<br />
<br />
Q. Where do I send my request?<br />
<br />
<br />
A.The Bank will have registered its address with the Data Protection Commissioner. You can search the database at<br />
<br />
[http://www.esd.informationcommissioner.gov.uk/esd/search.asp Information Commissioners - Data Protection Public Register]<br />
<br />
Mark the envelope for the attention for the Data Controller. Send this through your local Post Office and be sure to obtain a FREE Certificate of Postage. Do not throw away the posting slip until you have received the information you have required.<br />
<br />
---<br />
<br />
Q. The Bank says that I must fill in a form. Do I have to do this?<br />
<br />
A. The bank is entitled to ask you for such information as it reasonably requires to satisfy it as to your identity. (s.7 (3))<br />
<br />
---<br />
<br />
Q. How long does the bank have to comply with my S.A.R - (Subject Access Request)?<br />
<br />
A. Once the bank has received your written request, the fee that it requires and has satisfied itself as to your identity, it must satisfy your request promptly and in any event within forty days. (s. 7(10))<br />
<br />
---<br />
<br />
Q. My bank says that information about me contained in a microfiche system is not contained in a relevant filing system.<br />
<br />
A. This is not correct.<br />
<br />
---<br />
<br />
Q. My bank says that they will not comply with my Subject Access Request as to do so would require a disproportionate effort.<br />
<br />
A. The justification of “disproportionate effort” is contained s.8 (2)(a) of the Data Protection Act. However, disproportionate effort relates only to the difficulty of supplying the data disclosure in hard copy. There is no definition of what is meant by “disproportionate effort” but commentators have suggested that it probably refers to data which is in image form or maybe as recorded sound.<br />
<br />
We would suggest that there is no such difficulty with the provision of banking data and that the bank is probably in breach of s.7 Data Protection Act and that there are grounds for a complaint.<br />
<br />
It is certain that s.8 (2)(a) is not intended to undermine the Subject Access Right in the Data Protection Act. This is a guaranteed right. Where there might be a difficulty in providing a hard copy disclosure then it is certain that the Data Controller would have to facilitate the disclosure in some other way – possibly by allowing personal inspection.<br />
<br />
The Consumer Action Group will be contacting the Data Protection Commissioner to clarify this point. Watch this space<br />
<br />
---<br />
<br />
Q. My bank will not let me know who I should apply to for a Subject Access Request.<br />
<br />
A. One of the tests of fair processing under the first principle is whether the Data Controller has supplied you with certain information. This includes the name of their Data Protection representative if one has been appointed. The role of Representative has not been defined by the Act and it is not obligatory to appoint one but we feel sure that any organisation the size of a British bank will have appointed a person to be responsible for Data Protection and we feel that this person would be the Representative for the purposes of the Act. If they do have a Representative then they are obliged to let you know who it is. Therefore it would be a breach of the first principle not to supply this information and therefore a ground for a complaint.<br />
The Consumer Action Group will be contacting the Data Protection Commissioner to clarify this point. Watch this space.<br />
<br />
---<br />
<br />
Q. Do I have any other rights under the Data Protection Act?<br />
<br />
A. Yes. Insofar as the areas of interest to this Forum:<br />
You have the right to contact your bank directly to require them either to stop or else not to begin any processing which is likely to cause substantial damage or distress.<br />
<br />
* You have the right to complain directly to the Data Commissioner about any activity which you believe is a breach of the Data Protection Act.<br><br />
* You have the right to apply directly to the Court for compensation.You have the right to apply for an order for the breach to be rectified, blocked, erased or destroyed.<br><br />
* You may opt to choose any or all of these courses of action.<br />
<br />
1. Your right to contact your bank to require them either to stop or else not to begin processing which is likely to cause damage or distress. (s.10)You have a right to serve a notice on the data controller. <br />
<br />
Your notice must give the reasons why you believe the processing will cause you damage or distress and must say why the damage or distress which you would suffer would be unjustified.<br />
<br />
The Data Controller must respond within 21 days with a written notice stating either that he has complied with your request or else stating why he will not comply.<br />
<br />
If the Data Controller will not comply with your s.10 request then you may seek an order from the court.<br />
<br />
You are not entitled to serve a s.10 notice where you have agreed to the processing of the personal data. <br />
<br />
In principle it would be true to say that you have agreed in your bank contract to the processing of personal data. However, we believe that you are entitled to make a s.10 request in respect of unlawful bank charges as it could never be said that you agreed to be treated unlawfully by your bank.<br />
<br />
A section 10 Data Protection Act notice template is now included in the template library<br />
<br />
2. Your right to complain directly to the Data Commissioner about any activity which you believe is a breach of the Data Protection Act.<br />
<br />
Under s.42 of the Data Protection Act if you feel that personal data relating to you has been processed in any way which is contrary to the Data Protection Act you have the right to request the Data Protection Commissioner to make an “assessment” (meaning to conduct an investigation). The DPC has the power to enforce cooperation with his investigation and if he finds in your favour he may order rectification, blocking or erasure of the personal data or any expression of opinion which is based on inaccurate data.<br />
<br />
3. Your right to apply directly to the Court for compensation.<br />
<br />
S.13 Data Protection Act allows a court to award compensation for damage and also for distress if that distress is accompanied by damage where the damage and distress is cause by contravention of the Act.<br />
<br />
Under English Law “damage” generally refers to any kind of harm which is discernible and can be valued in money terms. Increased cost of credit is certainly a good example. Possible heads of damage would have to be examined on a case by case basis. Distress would be best off being recorded by a psychologist or therapist but a court would probably be prepared to consider any distress which was properly documented as long as it accompanied “damage” as required by s.13(2)(a) of the Act.<br />
<br />
4. Your right to apply for an order for the breach to be rectified, blocked, erased or destroyed.<br />
<br />
S.14 allows the court to order the rectification, blocking, erasure or destruction of date which it is satisfied is inaccurate. Where the date is simply an accurate record of the information which has been received but the contents are untrue, the court may simply order that a statement of the true facts is added to the data. The Court may also order that the fact of the rectification, blocking, erasure or destruction be notified to any third parties to whom the inaccurate data has been disclosed. <br />
<br />
If the court is satisfied that any other requirement under the Data Protection Act has been contravened in circumstances which would allow compensation to be awarded then the court may also order the rectification, blocking, erasure or destruction that data if it is also satisfied that there is a substantial risk of a repeat contravention. It may also order the notification of third parties to whom that data has been disclosed.<br />
<br />
---<br />
<br />
Q. So which route is the best to take?<br />
<br />
A. Which ever course of action you choose to follow we would strongly urge you to be able to demonstrate that you have made a serious attempt to deal with the problem by means of a dialogue with your bank.<br />
<br />
We would suggest that you do this by means of a preliminary letter asking for a response within 14 days. This should then be followed by a s.10 notice giving another 14 days. After this you can make your complaint to the Court or to the Data Protection Commissioner as you wish.<br />
<br />
---<br />
<br />
Q. But what are the pros and cons of a direct complaint to the Data Protection Commissioner?<br />
<br />
A. If you want no stress, no hassle, no cost, no direct contact with the bank in the context of a court confrontation then the Data Protection Commissioner is the way to go. You make your complaint, the Data Protection Commissioner makes his investigation and eventually contacts you with his findings.<br />
<br />
The disadvantages are that the Commissioner has no power to order compensation. You would still have to bring a court action for this. However, it is unlikely that there would be a problem doing this if you could show that you had already made a successful complaint to the DPC.<br />
<br />
Another problem is that we are not aware that the Commissioner is subject to any set timescales for action or that you as a complainant would be made party to the evidence which was received by him from the bank. However, we shall be making enquiries of the DPC to ascertain the exact situation.<br />
<br />
If the DPC is capable of providing a rapid and transparent procedure which is capable of challenging aggressively the technique of delay and prevarication which has been experienced so far by many Users of The Consumer Action Group forum then we would recommend this course of action as opposed to court action.<br />
<br />
A final comment is that the Data Protection Commissioner has only a small staff dealing with the banking type of dispute. If too many people complain to the Data Protection Commissioner there is a serious risk that his staff will be swamped and may not be able to deal effectively with complaints. This would provide no benefit to anyone except possibly to the banks. Once again, we are in contact with the Commissioner’s office to try and resolve this problem.<br />
<br />
---<br />
<br />
Q. What are the pros and cons of a direct complaint to the Courts?<br />
<br />
A. As long as you restrict the value of your claim to below £5000 your case should be allocated to the Small Claims Track. Beginning a claim in the County Courts is quite straightforward, there are clear timescales for action by both sides. Evidence is presented openly and it is clear that County Court judges are impartial. The Court process has “bite” and it is clear that the banks have respect for it.<br />
<br />
In addition to requiring compliance with the Data Protection Act the court can also award compensation.<br />
<br />
On the downside, there is the cost of issuing the action and of filing the allocation questionnaire – although these costs will be recoverable in the event of a successful claim. If the banks decide to challenge your claim then the case will have to be heard and this means that you will have to present your case in court. (If this worries you then see the guidelines in the library).<br />
<br />
There is also a small risk – as with any claim that the matter may be allocated to a higher track and that this could result in a risk of some costs if you lose.<br />
<br />
== Can I claim back beyond 6 years? ==<br />
<br />
The Limitation Act 1980 says that claims in contract which relate to breaches more than 6 years old are barred from recovery because too long a time has passed.<br />
<br />
However, s.32 (1) (b) of the Act says:-<br />
<br />
<br />
----<br />
<br />
32.(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-<br />
<br />
(a) the action is based upon the fraud of the defendant; or<br><br />
(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or<br><br />
(c) the action is for relief from the consequences of a mistake;<br />
<br />
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it....<br />
<br />
----<br />
<br />
The OFT by their investigation has announced that at least all charges more than £12.00 are unfair in that they are most unlikely to represent the true costs of a breach of the banking contract. Also the OFT has made it clear that this is their tolerable maximum before automatic intervention and that charges will normally be much less than this figure. (OFT Report, April 5th, 2006)<br />
<br />
The OFT has based their conclusion upon evidence provided by the banks and by their own research. Therefore we can reasonably conclude that the banks must have known this all along.<br />
<br />
The banks have always refused to reveal their costs - even to a Treasury Select Committee and certainly to their customers. Most customers have received letters in which the banks have claimed that their charges have been fair and reasonable.<br />
<br />
It seems quite reasonable to infer that the banks must have concealed the information and therefore the cause of action and that this has been done deliberately.<br />
<br />
Of course, the test is simple. If the bank agrees to go to court with you, then simply ask them at the hearing if they will say what their costs are. The Bank will probably refuse to do so.<br />
<br />
This refusal alone would probably establish the deliberate concealment.<br />
<br />
<br />
'''The six year period should be calculated from the date of issue of your claim.'''<br />
<br />
<br />
Section 5 of the Limitation Act states that the action must be brought within 6 years of the cause of action, ie. when the charge was made. The act also defines 'action' as meaning court proceedings. Practice Direction 5.1 (CPR Part 7) also defines the bringing of the action as the date the claim form is issued.<br />
<br />
<br />
If you would like to try and claim your charges as far back as you have ever paid them, you should try to do so.<br />
<br />
However, do note that you will only be able to rely directly on the Unfair Terms in Consumer Contracts Regs.1999 if your bank contract was entered into post 1995<br />
<br />
As long as they are less than £5000 you will be claiming on the Small Claims track.<br />
<br />
If the figure rises to between £5000 and £15,000 your claim will go onto the Fast track. This will means a limited cost penalty but you may think that it is a worthwhile risk for a larger claim.<br />
<br />
It is likely that the banks would argue strongly against the application of s,32 (1)(b) of the Act.<br />
<br />
'''You should state the limitations argument in your particulars of claim.'''<br />
<br />
<br />
== Rules Of Engagement ==<br />
<br />
'''1.''' If you phone the bank asking for charges back and they offer a partial refund; accept the offer, but inform them that you will be writing asking for a FULL refund. If this is denied then legislative action will follow within 7 days.<br />
<br />
<br />
<br />
<br />
'''2.''' If you write asking the bank for a full refund and they offer a partial refund; accept but write back informing them that if they do not refund the outstanding amount, legislative action will follow within 7 days.<br />
<br />
<br />
<br />
<br />
'''3.''' If you do not know the amount that they owe you over the past 6 years, then write to them asking for a comprehensive list of charges. Make sure that they are aware that they are obliged under the Data Protection Act (1998 ) to furnish you with this information within 40 days of receipt of the request. If they deny that bank statement information is covered by the act, refer them to the Durant v FSA (2004) case, in which the judge presiding ruled that ALL bank statement information is personal information and is indeed covered by the Data Protection Act.<br />
<br />
<br />
<br />
<br />
'''4.''' If, once action has been taken, you receive a letter from a their appointed solicitor claiming that they will not pursue you for costs if you drop the case now, write back stating that you will drop the case for a full refund plus costs and interest and nothing more. If the claim is under £5k it is extremely unlikely that they will be awarded costs in the unlikely event that you lose the case.<br />
<br />
<br />
<br />
<br />
'''5.''' If, once action has been taken, you receive a letter from a their appointed solicitor offering a partial refund, write back stating that you will drop the case for a full refund plus costs and interest and nothing more. Remember, this money is legally yours.<br />
<br />
<br />
<br />
<br />
'''6.''' Once a full refund has been obtained, inform the court immediately, either by phoning or writing.<br />
<br />
<br />
<br />
<br />
'''7.''' Do NOT get angry at the telephone operative in phone calls - this will not get you anywhere. It's just a person doing their job. If they repeat themselves and keep quoting the terms and conditions of the account ask to speak to a supervisor, if they do the same keep escalating the call to the next level, insisting on taking a name and number and possibly an email address of each person you speak to.<br />
<br />
<br />
<br />
This posting is the personal opinion of the poster and does not constitute sound legal advice, although each opinion expressed is held in belief by the poster. The Consumer Action Group and/or the poster will not be held responsible for any loss resulting from the following of the rules.<br />
<br />
<br />
[[Category:Bank_Charges]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Barclays&diff=3422Barclays2009-04-24T18:23:31Z<p>Mbrowne: /* Contact Details */</p>
<hr />
<div>== Description of charges ==<br />
<br />
=== Bank ===<br />
<br />
Paid Referral Fees<br><br />
Unauthorised O/D Fees<Br><br />
Unpaids Out<br><br />
<br />
=== Barclaycard ===<br />
<br />
Exceeded Limit<br><br />
Late Payment Charge<br><br />
Over Credit Limit Charge (also called 'Exceeded Limit')<br><br />
<br />
== Contact Details ==<br />
<br />
<br />
'''REGISTERED ADDRESS: -'''<br />
<br />
BARCLAYS BANK PLC<br><br />
1 CHURCHILL PLACE<br><br />
LONDON<br><br />
E14 5HP<br />
<br />
'''DATA PROTECTION LETTER'''<br><br />
Barclays Data Protection <br><br />
Radbroke Hall <br><br />
Knutsford <br><br />
Cheshire <br><br />
WA16 9EU<br><br />
<br />
<br />
'''PRELIMINARY AND LETTER BEFORE ACTION'''<br><br />
BARCLAYS BANK PLC<br><br />
Customer Relations<br><br />
1 CHURCHILL PLACE<br><br />
LONDON<br><br />
E14 5HP<br />
<br />
'''Financial Hardship is handled by Consumer Finance Debt Department:'''<br><br />
BARCLAYS BANK PLC<br><br />
Retail Banking Customer Relations<br><br />
LEICESTER<br><br />
LE87 2BB<br />
<br />
TEL: 0845 300 5857 <br />
<br />
<br />
<br />
<br />
<br />
'''COMPLAINTS DEPARTMENT EMAIL ADDRESS: -'''<br />
<br />
[https://ibank.barclays.co.uk/olb/w/Welcome.do Bank]<br />
<br />
[http://www.barclaycard.co.uk/customer_service/help/email_us.html Barclaycard]<br />
<br />
<br />
'''CUSTOMER SERVICE/COMPLAINTS CONTACT NUMBER: -'''<br />
<br />
[http://www.personal.barclays.co.uk/BRC1/jsp/brccontrol?task=articleFWgroup&value=3660&site=pfs Link to contact numbers]<br />
<br />
<br />
'''INTERNET BANKING WEBSITE: -'''<br />
<br />
[https://ibank.barclays.co.uk/olb/w/Welcome.do Log On]<br />
<br />
<br />
'''HOW TO OBTAIN YOUR STATEMENTS ON LINE: -'''<br />
<br />
If You Have This Information Please edit here or PM a Moderator<br />
<br />
<br />
'''OTHER CONTACTS: -'''<br />
<br />
Anita Hicks - Customer Relations Manager - 020 71164561<br />
<br />
Freepost RLTA-CSUE-TCHC<br><br />
Barclays Bank plc<br><br />
Head office customer relations<br><br />
1 churchill place<br><br />
london<br><br />
E14 5HP<br />
<br />
<br />
Barclays Bank Plc<br><br />
Legal: Litigation and Disputes<br><br />
Level 29<br><br />
One Churchill Place<br><br />
London<br><br />
E14 5HP<br />
<br />
<br />
John Varley<br><br />
Chief Executive<Br><br />
Barclays Bank plc<Br><br />
1 Churchill Place<br><br />
Canary Wharf<br><br />
London E14 5HP<Br><br />
<br />
<br />
OR<br />
<br />
<br />
Ms Deanna Oppenheimer<br><br />
Chief Executive, Retail Banking<br><br />
Barclays Bank plc<br><br />
1 Churchill Place<br><br />
Canary Wharf<br><br />
London<br><br />
E14 5HP<br />
<br />
== Other Banks ==<br />
<br />
See the [[Banks]] page for a list of other banks and credit cards<br />
<br />
<br />
'''''Created by [[User:Me01273|Me01273]] 22:58, 28 May 2007 (BST)'''''<br />
<br />
[[Category:Contact_Details]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Harassment_by_telephone&diff=3421Harassment by telephone2009-04-21T18:35:29Z<p>Mbrowne: </p>
<hr />
<div>== Harassment by Telephone - Response Letter ==<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> <br />
Your Street<br />
<br />
Town<br />
<br />
City<br />
<br />
Postcode<br />
<br />
DATE HERE<br />
<br />
Company Name<br />
<br />
Road<br />
<br />
Town<br />
<br />
City / County<br />
<br />
Postcode<br />
<br />
<br />
<br />
Dear Sirs<br />
<br />
<center>''' <u>Harassment by telephone</u>'''</center><br />
<br />
<br />
'''Account Number:''' XXXXXXX<br />
<br />
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.<br />
<br />
I have verbally requested that these stop, but I am still receiving calls. <span style="color:red">(Delete if necessary) </SPAN> <br />
<br />
I now require all further correspondence from your company to be made in writing only.<br />
<br />
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.<br />
<br />
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.<br />
<br />
Be advised that any further telephone calls from your company will be recorded. <span style="color:red">(**Even if you don‘t yet have recording equipment!!**) </SPAN> <br />
<br />
<br />
Yours faithfully,<br />
<br />
<br />
<br />
[NAME HERE]<br />
</div></blockquote><br />
|}<br />
[[Category:Bank_Charges]]<br />
<br />
[[Category:Legal_Information]]<br />
<br />
[[Category:Standard_Letters]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=The_Myth_of_%27Writing_Off%27_Debt&diff=3419The Myth of 'Writing Off' Debt2009-04-16T17:40:35Z<p>Mbrowne: </p>
<hr />
<div>With thanks to Varangian from Penalty Charges<br />
<br />
[http://www.penaltychargesforum.co.uk/showthread.php?p=424499#post424499 Penalty Charges]<br />
<br />
One of the biggest pressures placed on the forum since last year is the influx of people coming to the site in the expectation that there is some magic formula that allows credit card debts from before 2007 to be ‘written off’. This misleading information is being deliberately peddled by some claims management companies, which are trying to drum up commercial business and get up-front fees from people struggling to keep up with payments or trying to get their money back from the banks. People from the same companies regularly come to this forum, either to copy systems that are offered free of charge here, or to tout for business by posting misleading information and links to commercial services.<br />
<br />
This forum has no connection with these firms, and the following links to press articles offer some insights into the way that these firms operate and the actions being taken against them.<br />
<br />
'''[http://news.bbc.co.uk/1/hi/business/7894840.stm Crackdown on bogus debt adverts]'''<br />
<br />
'''[http://news.bbc.co.uk/1/hi/business/7929070.stm Oft Closes Down Debt Management Sites]'''<br />
<br />
There are indeed many pre-2007 credit agreements that are flawed – or do not exist – and details are given in a sticky in the Credit Agreement forum called ‘Consumer Credit Agreement FAQs’ '''[http://www.penaltychargesforum.co.uk/showthread.php?t=38720 here]'''<br />
<br />
That thread provides guidance on how to obtain a credit agreement, what makes an agreement unenforceable and how to challenge one. The purpose of this thread is to provide guidance on the ‘writing off debt’ concept, to save helpers having to keep answering queries about this from members and casual visitors.<br />
<br />
Even if an agreement does not exist or is flawed, it makes the agreement ‘unenforceable’, which means that the debt cannot normally be enforced in a court of law where the creditor might try to get a CCJ against you, probably with a view to securing the debt against your property through a Charging Order. The debt still exists and you expect that the creditor would still chase you for it. If you fail to make and uphold a repayment arrangement, then the creditor will typically engage a debt collection agency to chase you and also register damaging data against you on your credit file.<br />
<br />
The legal position is that the debt still exists and the only way that it can be ‘written off’ is if you make some agreement with the creditor to make a full and final settlement on the account.<br />
<br />
If the debt is unenforceable, then you are obviously in a strong position to negotiate a significant reduction in settlement. In this case, you should always make sure that any unlawful charges (and interest on them) added on to the account are removed from the balance before you start negotiating, as they are your money and not owed to the creditor. You can also request that any default be removed from your credit file as part of the settlement. Firms often pretend that they are legally bound to keep defaults on record, but this is completely untrue and they have discretion to remove them, as they have no statutory right to file defaults anyway.<br />
<br />
Members can undertake all of the processes mentioned above with the help of the forum and you can do anything that a credit management company can do on your behalf, without handing over money.<br />
<br />
If you are reading this thread because you thought that you could get the debt written off then please note that this is not possible and if you want to look into this yourself, then please read up on the forums and start a thread so that you can ask questions and receive advice.<br />
<br />
If you still wish to use a claims management company, please note that we do not deal with these companies, do not publicise them and do not refer people to them, as this is a self-help consumer forum run by volunteers for our members. We do not have the time or the inclination to answer any more queries on this subject, so if you want to pursue commercial services, please deal directly with the many companies that offer these services.</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Debt_Collectors:_Doorstep_Visits&diff=3418Debt Collectors: Doorstep Visits2009-03-22T18:25:24Z<p>Mbrowne: </p>
<hr />
<div>== Dealing with doorstep visits ==<br />
<br />
<br />
If you receive a visit from a debt collector, remain polite. You will make far more of an impact of you remain calm and speak slowly and carefully during the visit. If you lose your temper, you will lose control of the situation. The debt collector has far more experience than you and is very used to being dealt with aggressively.<br />
<br />
<br />
Remember that the debt collector is on your premises and if he does not have a court order, then you are the person with the authority and it is you who are entitled to control events.<br />
<br />
<br />
If you are receiving a visit from a debt collector despite already having written to make it clea that you did not want any visits, you should terminate the visit immediately and make complaints to the OFT, Trading standards under CPUT.<br />
<br />
<br />
If you allow the visit to continue in these circumstances, you will have given in to the debt collector and he will start to dominate you in the meeting.<br />
<br />
<br />
== During the Visit ==<br />
<br />
When receiving a visit from a debt collector, you should attempt to have another adult next to you who can witness everything which goes on. It should be agreed before hand that the witness is not to say anything at all and is there merely as a witness. If a witness starts to get involved in the conversation in any way, it is likely that the exchange will deteriorate and that you will lose control.<br />
<br />
<br />
Do not invite the debt collector into your home. Do not even invite him into a porch. The best approach is to ask the debt collector to stand on the pavement side of your front gate if you have one while you stand within the boundary of your front garden. The debt collector will prefer to be on your premises. This puts more pressure on you. By getting access to your home - even to your front garden, the debt collector has started the process of getting access to you.<br />
<br />
<br />
Before you discuss anything with the debt collector, ask to see his identification. Take your time and read it carefully. Make notes of all the details the identity document contains. You should make sure that you make a note of the debt collector's name and the name of the organisation he is working for. If there are any additional identity numbers then you should take a note of these as well.<br />
<br />
<br />
Make sure that any identity document is in date and make a note of that date.<br />
<br />
<br />
Once you have obtained the basic details, you can then decide whether or not to continue the visit.<br />
<br />
<br />
If an official form of identity is not provided to you by the debt collector then you should terminate the visit immediately.<br />
<br />
<br />
If the debt collector will not permit you to make notes from his identification document then terminate the visit immediately.<br />
<br />
<br />
If you decide not to continue the visit then inform the debt collector that you have nothing to discuss and that you require him to leave. Do not get drawn into any other conversation. A debt collector will try to start getting you to respond to his questions. You should simply respond "I do not want you to be here. Please leave."<br />
<br />
<br />
You should repeat this in response to any statement or question put to you by the debt collector.<br />
<br />
<br />
== If you decide to allow the visit then remember the following points:- ==<br />
<br />
<br />
<br />
*The debt collector is there by your permission. He has no court order.<br />
<br />
<br />
*You are entitled to terminate the visit at any time.<br />
<br />
<br />
*You are entitled to dictate the terms of the visit.<br />
<br />
<br />
*You should make it clear at all times that it is you who are in charge of the visit.<br />
<br />
<br />
*If you wish to terminate the visit, you can do so simply by telling the debt collector that the visit is over. You should then walk away or go into your home and close the door.<br />
<br />
*You are not obliged to give reasons or to say anything other than that the visit is ended and that you want the debt collector to leave - "Please leave now"<br />
<br />
<br />
*If the debt collector does not leave then inform him that you will call the police. (If you do not believe that you will call the police then do not make this threat. You will lose all of your authority and the debt collector will dominate the meeting from that point onwards.)<br />
<br />
<br />
*If you do call the police, then do not be frightened to call 999. Explain to the police that you are being harassed by a man who has visited you and who refuses to leave your property. Once again, keep calm but if you are frightened, then tell the police that you are frightened and that you believe that you need help.<br />
<br />
<br />
It is likely that the debt collector will leave at that point.<br />
<br />
<br />
Be aware that debt collectors are faced with hundreds of threats to call the police every week. Almost every one of these threats is a bluff. It is likely that debt collector will stand his ground until he realises that the police really have been called.<br />
<br />
<br />
If the debt collector leaves before the arrival of the police, Then call 999 and cancel the call-out..<br />
<br />
<br />
<br />
== After the Visit ==<br />
<br />
Once the visit is ended and you are back inside, you should immediately make a detailed note of everything that has happened and of everything which was said. Your witness should do exactly the same thing.<br />
<br />
Do this quickly while everything is fresh in your mind.<br />
<br />
Even if you did not proceed with the meeting and the debt collector left immediately and without incident, make a close record of everything which occurred.<br />
<br />
If you you felt threatened by the visit and you want to complain then you should do so immediately by writing to the DCA and also complaining to the OFT and local Trading Standards under CPUT<br />
<br />
If you want to make sure that you receive no more debt collection visits then you should write to the DCA immediately.</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Can_I_Really_Sell_My_Debt%3F&diff=3416Can I Really Sell My Debt?2009-02-18T19:40:15Z<p>Mbrowne: /* Can I Really Sell My Debt? */</p>
<hr />
<div>== Can I Really Sell My Debt? ==<br />
<br />
<br />
'''Q:''' I have come across a website (linked to a program I saw on panorama last year) that is offering to buy my credit cards debts (if taken out before april 2007)<br />
<br />
They tell me they are so sure they can wipe off my debt they are prepared to buy it! I do have to sign to say that any money they can claim back in unfair charges becomes theirs.<br />
<br />
The company said they legally buy the debt so it's not ours any more. They give us sample letters to send to credit reference agencies and each credit card to say that we no longer own the debt and in future they should contact the company. We pay them £349 plus 10% of the debt and they pay us £1 to say they have legally bought the debt. It then becomes theirs to do with as they will.<br />
<br />
<br />
<br />
'''A:''' We've seen this offer. We don't know much about it but it seems very unlikley doesn't it.<br />
<br />
Firstly in most loan contracts the lender reserves the right to pass the debt on but the borrower is prevented from doing so.<br />
<br />
Secondly, what do you think will happen if the debt collector comes to the door and you show him a piece of paper saying that the debt is not yours any more. You think that he will say "OK, sorry to have troubled you?".<br />
You think that the debt colectors won't then put a default on your file or that the CRAs will refuse to accept the default or will later on agree to remove it?<br />
<br />
Finally, even if you can sell on debts to a third party like this, you can sell the rights under the contract but not the duties. This is why you can still claim your bank charges back from your bank even though they have sold the debt on.<br />
<br />
In fact you won't be able to reclaim your charges from the new owner of the debt. You will be obliged to collect them from the orginal debtor/creditor.<br />
<br />
If you want to get yourself in serious trouble, believe that you have sold your debt on, stop making any payments and wait and see what happens.<br />
<br />
You will be under seige from debt colelctors, harassing phone calls, court actions, charging orders, repossessions, bailiffs.<br />
<br />
Your credit file will be blighted for the foreseeable future. You wil lose your home, family security. You will have given away everything for a lousy £349 or whatever you receive. A mess of potage or 30 pieces of silver or whatever mixed up inappropriate token that you want to settle for.<br />
<br />
'''In short. Don't do it.'''<br />
<br />
Wait until someone else does it and comes back and tells us all that I was wrong and that it really is just a brilliant idea and that it is amazing that no one ever thought of it before and that this scheme has revolutionised the idea of a free lunch.<br />
<br />
Geddit?<br />
<br />
<br />
'''Fact 1''' - Any company that does not hold a Consumer Credit Licence cannot legally buy, sell, or do anything with a regulated Consumer Credit Agreement.<br />
<br />
'''Fact 2''' - In any case, a debtor cannot "sell" his debt to anyone without the agreement of the creditor - and that is hardly likely to be forthcoming.<br />
<br />
'''Fact 3''' - There are many solicitors firms around that will take on cases where an Agreement is likely to have been improperly executed and may be unenforceable. Providing these companies hold a Consumer Credit Licence, and are properly regulated by the Law Society, then you have a sporting chance of getting proper legal advice and help.</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Can_I_Really_Sell_My_Debt%3F&diff=3415Can I Really Sell My Debt?2009-02-08T18:38:52Z<p>Mbrowne: </p>
<hr />
<div>== Can I Really Sell My Debt? ==<br />
<br />
<br />
'''Q:''' I have come across a website (linked to a program I saw on panorama last year) that is offering to buy my credit cards debts (if taken out before april 2007)<br />
<br />
They tell me they are so sure they can wipe off my debt they are prepared to buy it! I do have to sign to say that any money they can claim back in unfair charges becomes theirs.<br />
<br />
The company said they legally buy the debt so it's not ours any more. They give us sample letters to send to credit reference agencies and each credit card to say that we no longer own the debt and in future they should contact the company. We pay them £349 plus 10% of the debt and they pay us £1 to say they have legally bought the debt. It then becomes theirs to do with as they will.<br />
<br />
<br />
<br />
'''A:''' We've seen this offer. We don't know much about it but it seems very unlikley doesn't it.<br />
<br />
Firstly in most loan contracts the lender reserves the right to pass the debt on but the borrower is prevented from doing so.<br />
<br />
Secondly, what do you think will happen if the debt collector comes to the door and you show him a piece of paper saying that the debt is not yours any more. You think that he will say "OK, sorry to have troubled you?".<br />
You think that the debt colectors won't then put a default on your file or that the CRAs will refuse to accept the default or will later on agree to remove it?<br />
<br />
Finally, even if you can sell on debts to a third party like this, you can sell the rights under the contract but not the duties. This is why you can still claim your bank charges back from your bank even though they have sold the debt on.<br />
<br />
In fact you won't be able to reclaim your charges from the new owner of the debt. You will be obliged to collect them from the orginal debtor/creditor.<br />
<br />
If you want to get yourself in serious trouble, believe that you have sold your debt on, stop making any payments and wait and see what happens.<br />
<br />
You will be under seige from debt colelctors, harassing phone calls, court actions, charging orders, repossessions, bailiffs.<br />
<br />
Your credit file will be blighted for the foreseeable future. You wil lose your home, family security. You will have given away everything for a lousy £349 or whatever you receive. A mess of potage or 30 pieces of silver or whatever mixed up inappropriate token that you want to settle for.<br />
<br />
'''In short. Don't do it.'''<br />
<br />
Wait until someone else does it and comes back and tells us all that I was wrong and that it really is just a brilliant idea and that it is amazing that no one ever thought of it before and that this scheme has revolutionised the idea of a free lunch.<br />
<br />
Geddit?</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Utilities:_Financial_Help&diff=3414Utilities: Financial Help2009-02-02T19:16:20Z<p>Mbrowne: /* United Utilities Trust Fund. */</p>
<hr />
<div>= Assistance to Pay Utility Bills ==<br />
<br />
<br />
The following links are to Charitable Trusts set up by various Gas, Electric and Water companies which offer grants to pay utility bills where there is genuine financial hardship. In some instances, you may need to be a customer of the utility company to ask for assistance.<br />
<br />
<br />
== United Utilities Trust Fund. ==<br />
<br />
Here you can apply for a grant (not repayable) in order to clear your utilities debts. There is an application form, and you need to send the bills to them, but they are willing to help people get back on track. So if you have an unpaid utilities bill including water / gas / elec and repaying them is causing you hardship then apply for help.<br />
<br />
'''[http://www.uutf.org.uk/ Welcome to the United Utilities Trust Fund Site]'''<br />
<br />
== Anglian Water Trust Fund ==<br />
<br />
<br />
An independent Charitable Trust offering financial assistance to those in hardship in the Anglian and Hartlepool Water Regions. <br />
<br />
<br />
'''[http://www.awtf.org.uk/ Anglian Water Trust Fund website]'''<br />
<br />
== British Gas Energy Trust ==<br />
<br />
<br />
An independent Charitable Trust established in September 2004 which aims to contribute to the fight against poverty. (To apply the applicant must be a customer of British Gas or Scottish Gas)<br />
<br />
'''[http://www.britishgasenergytrust.org.uk/ British Gas Energy Trust website]'''<br />
<br />
<br />
<br />
== EDF Energy Trust ==<br />
<br />
<br />
<br />
An independent Charitable Trust offering financial assistance to those in hardship to pay their energy bills. (To apply the applicant must be a customer of London Energy, SWEB Energy, SEEBOARD Energy or Virgin HomeEnergy.) <br />
<br />
'''[http://www.edfenergytrust.org.uk/ EDF Energy Trust website]'''<br />
<br />
<br />
== Eos Foundation ==<br />
<br />
<br />
An independent Charitable Trust offering financial assistance to those in hardship to pay their water and sewerage bills (to be eligible applicants must be a customer of one of the donor companies.) <br />
<br />
'''[http://www.eosfoundation.org.uk/ Eos Foundation website]'''<br />
<br />
<br />
<br />
== Severn Trent Trust Fund ==<br />
<br />
<br />
An independent Charitable Trust offering financial assistance to those in hardship to pay their water and sewerage bills. <br />
<br />
'''[http://www.sttf.org.uk/ Severn Trent Trust Fund website]'''<br />
<br />
<br />
== Joblinks ==<br />
<br />
<br />
An online searchable database of charities and benevolent funds able to help people in need<br />
<br />
'''[http://www.joblinks.org.uk/ Joblinks website]'''<br />
<br />
== Social Tariff......What they dont tell you! ==<br />
With thanks to Mrs Foot<br />
<br />
I have had a long chat with British Gas regarding their social tarriff. There is not enough people switching and I think its because most people do not know the criteria. So here goes:<br />
<br />
If you are in receipt of:<br />
*Child Tax Credit and salary is below £14,600<br />
*Working Tax Credit and salary lower than £14,600<br />
*Disability Living Allowance<br />
*Pension Credit<br />
*Attendance Allowance<br />
*War Disablement Pension<br />
*Disablement Pension<br />
*Child Tax Benefit<br />
*Income Support<br />
*Income Based Job Seeker Allowance<br />
*Carers Allowance<br />
*Severe Disablement Allowance<br />
<br />
you will get the social tarriff. It is a difference of 1.2p per unit of electricity which equates on average bill of £6 per month / £72 per year...which is a lot when your relying on benefits.<br />
<br />
You need to call British Gas / Scottish Gas on 0845 8502207 with the following:<br />
<br />
*Account Number<br />
*Name and Address<br />
*Benefit name and amount<br />
<br />
Claim......if people dont apply for it then it looks like we in Britain do not have fuel poverty...and we all know different!!!<br />
<br />
If your with another supplier...contact them and ask...most have social rates!<br />
[[Category:Contact_Details]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Brighthouse_Fact_Sheet&diff=3413Brighthouse Fact Sheet2009-01-30T13:36:55Z<p>Mbrowne: /* 6 – CONCLUSION */</p>
<hr />
<div>== Brighthouse Stores (formerly Crazy Georges) Fact Sheet ==<br />
<br />
Introduction<br />
<br />
This fact sheet has been produced to help anyone who may be having problems with the high street retailer BrightHouse. It is the result of many months of research (including the writers becoming customers of BrightHouse themselves) and experiencing, first hand, an inherent culture of social-discrimination, arrogance, lies, obstruction, rudeness, and even aggression towards customers.<br />
<br />
By unravelling a complex system of financial exploitation (aimed at some of the least well-off in society), this fact sheet also makes essential reading for anyone who is – or anyone planning to become – a customer of BrightHouse.<br />
<br />
BrightHouse were asked to review this fact sheet, and comment on its findings. The company did so, and has made the following statement:<br />
<br />
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|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><B><br />
“Thank you for giving us the opportunity to comment upon your consumer advice document.<br />
<br />
You may be unaware that just over two years ago, a new Chief Executive, board and top management team was installed at BrightHouse. Since then the team has implemented a number of changes throughout the business. These are designed to:<br />
<br />
*Provide an open, transparent and competitive product and service offering to our customers<br />
<br />
*Strive to make BrightHouse an employer of choice, recruiting from within the communities we serve.<br />
<br />
*Act as a responsible corporate citizen, and "put something back" into the community.<br />
<br />
Our store managers and colleagues throughout our business are strongly supportive of these programs, and strive to operate to their spirit and intent.<br />
<br />
Accordingly, there are a number of substantial inaccuracies and incorrect assumptions contained in your consumer advice sheet. For example, your sheet comments upon the BrightHouse price for an HP Pavilion Laptop compared against the high street norm. We have been unable to test the price comparison because the model number given is not specific enough and it is no longer a current line.<br />
<br />
However, BrightHouse is proactive is sustaining market competitive cash prices for our products. Moreover we are sure you will appreciate that in drawing product price comparisons, in addition to the cash price for the products, one should seek to take into account for all the companies in the comparison, factors such as:<br />
<br />
*The cost of a credit or HP agreement<br />
<br />
*Extended warranty or similar<br />
<br />
*Delivery and installation charges<br />
<br />
We hope that this has clarified the position and will be reflected in any subsequent consumer advice relating to BrightHouse that you subsequently publish in the public domain.”<br />
<br />
David Harwood, Company Secretary, BrightHouse</B> </div></blockquote><br />
|}<br />
<br />
<br />
<br />
Although the statement (above) mentions “a number of substantial inaccuracies, and incorrect assumptions”, other than the price match example (which has now been updated to reflect a current model) no other specific examples were given.<br />
<br />
However, BrightHouse did supply an appendix containing more detailed information on their policies and operating practises. These points are reflected throughout the following chapters, particularly when BrightHouse company policy appears to contradict our findings.<br />
<br />
<br />
== <center> '''BrightHouse – Your weekly payment store!''' </center> ==<br />
<br />
<center>Written by Lefty </center><br />
<center>with the assistance of contributors to the Consumer Action Group Forums</center><br />
<center>updated April 2008 </center><br />
<br />
<br />
<center>'''ACER Gemstone Laptop for sale at BrightHouse - £896.25.''' </center><br />
<br />
<br />
<center> '''Paid for over 2 years at £19.48 per week using their credit deal, total cost- £2,025.93'''</center><br />
<br />
<br />
<center> '''Typical High Street price - £599.00'''</center><br />
<br />
<br />
<center>'''On-Line price (Simply-Acer.com) - £449.00'''</center><br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''...I can think of no better marker of social deprivation than having a BrightHouse store open in your area...''' ''(Dr Karl Dyson, specialist in community finance and affordable credit at Salford University.)<br />
''</div></blockquote><br />
|}<br />
<br />
<br />
<br />
<br />
BrightHouse (the trading name for Caversham Finance Ltd) is a national retail chain specialising in the sale of home electronics and domestic appliances, household furniture and related products, primarily on a “rent to own” (Hire Purchase) “affordable” weekly payment basis. They target the “sub-prime” - in particular, the unemployed, single parents, council tenants and those with previous credit problems. Their stores will usually be found in deprived areas – places the big banks and building societies have long abandoned.<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''“…BrightHouse serves over 124,000 customers a year. Our typical customers generally fit into one of two socio-economic groups: cash constrained – those on low incomes; or, credit constrained – those who have been systematically refused access to credit. We provide our customers with choice and access to products, operating without the normal requirements of large deposits and credit ratings that can make everyday domestic products inaccessible to a significant section of the UK society.”''' </div></blockquote><br />
|}<br />
<br />
<br />
Originally launched as Crazy George’s in 1994 (and re-branding as BrightHouse in 2003) the company has seen a steady growth over the last 10 years, and currently has over 150 retail outlets throughout the country. Taking their place alongside Log Book Loans (loans secured on your car), Provident, (door-step loans) and Cash Converters (the buyback store), BrightHouse are one of the leading UK companies that specialise in exploiting the poor and profiteering from poverty (Crazy George’s made headline news in 1995 after being dramatically “thrown out” of France due to its “over-inflated prices” and “unfair credit terms” which were deemed to be extortionate and ruinous to low income consumers.)<br />
<br />
In this country, too, BrightHouse have been the target of several debt advice agencies and consumer groups (including the BBC’s “Watch Dog” and “Money Box” programmes) - this due to predatory lending and, in some cases, a clear disregard for consumer law. Add to that some highly questionable contracts (more than once subjected to scrutiny by the Office of Fair Trading), “hard sell” sales techniques, non-negotiable insurance policies and “bully-boy” tactics if customers get into difficulties.<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''“…It is BrightHouse company policy that all of our customers and prospective customers should be consistently treated openly and fairly. Accordingly, BrightHouse operates a transparent and responsible business, and takes great care to ensure that company policies and procedures meet all regulatory and statutory requirements.”'''</div></blockquote><br />
|}<br />
<br />
<br />
Goods on sale at BrightHouse are generally more expensive than at other stores. For example, a laptop on sale for almost £900 can be purchased elsewhere for around £600, and even cheaper by shopping online. Plus the annual charge for credit (29.9%) is much higher than it would be with tradition finance. (In contrast, a typical bank loan might have an annual charge of around 6.5%.) This means that, on average, goods purchased from BrightHouse will end up being almost twice as expensive than if you had bought them elsewhere. And this is before any extra insurance policies are added!<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''“…We have clear pricing structures in place. Our products prices and our APR are competitive with other high street retailers.”''' </div></blockquote><br />
|}<br />
<br />
<br />
All sorts of people can experience financial problems and, as a result, find their ability to obtain credit impaired. Often they will have little or no choice than to use stores like BrightHouse for essential items for their home. Although they must now accept they are considered “sub-prime” (and have to pay a higher price for credit), this does NOT mean statutory consumer law no longer applies to them, nor should it mean they are ripe for blatant exploitation because of it.<br />
<br />
<br />
== 1 – HIRE PURCHASE AGREEMENTS ==<br />
<br />
When you enter into an agreement with BrightHouse, you are entering into a HIRE PURCHASE (sometimes referred to as “rent-to-own”) credit agreement. Hire purchase agreements are governed by THE CONSUMER CREDIT ACT 1974 and goods being hired (purchased) are subject to the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973 (see section 5 below). Your agreement will be based on the original “cash” price of the goods, plus interest (APR) at 29.9%, resulting in a total amount payable. This figure will then be divided equally to provide your weekly (or monthly) payment. You will be required to make your payments IN ADVANCE for the duration of your agreement – which could range from 52 weeks to 156 weeks, dependant upon the value of the goods.<br />
<br />
<br />
When you have made all the payments on your agreement, you may (in writing - and within a 30 day period) exercise the option to have title (ownership) of the goods transferred to you. If you choose not to exercise this option, you can simply return the goods, and receive a discount (based on their current re-sale value) towards a new Hire Purchase agreement with BrightHouse.<br />
<br />
<br />
Other than at the end of an agreement, and if title (ownership) is transferred, the goods belong to BrightHouse at all times. You cannot sell them or dispose of them in any way.<br />
<br />
<br />
''(You can view a full copy of BrightHouse Hire Purchase Agreement Terms and Conditions '''[http://www.lefthooker.pwp.blueyonder.co.uk/posting/brighthouse_hp_terms.pdf HERE]''' (Adobe Acrobat File - opens in new window)''<br />
<br />
<br />
However, even though the goods belong to BrightHouse at all times, this does NOT mean they can just stroll into your home and remove them if you get into payment difficulties. Unless you have actually consented to their removal, BrightHouse cannot legally remove (re-possess) them until they have:<br />
<br />
a) Issued you with a default notice (in writing)<br />
<br />
b) Given you an opportunity to put matters right (at least 7 days)<br />
<br />
c) Applied for (and been granted) a court order<br />
<br />
<br />
These issues will be explained in more detail in a moment, but it is important to remember that: AT NO TIME CAN ANY EMPLOYEE (OR AGENT) OF BRIGHTHOUSE FORCIBLY ENTER YOUR HOME<br />
<br />
If you do get into payment difficulties, your first recourse should be to try and address the problem yourself. You should do everything you can to bring your account up to date. If you find you cannot afford the regular repayments, you should decide whether you really need the goods and consider returning them. (Your agreement allows you to do this, without financial penalty, if you have paid more than half of the instalments on it.)<br />
<br />
<br />
Sometimes people’s circumstances can change, often resulting in a drop of income. BrightHouse make absolutely no provision for this, and totally refuse to negotiate any form of reduced payments – even for a short time. However, it may be possible to dramatically reduce your payments by cancelling any Optional Service Cover policies you have. (More about this in section 2 below.)<br />
<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''“…If a customer should fall behind with their payments, BrightHouse works closely with them to help get their agreement back on track. Our stores have a weekly relationship with each customer and are, therefore, well placed to help them get their payments under control. In certain circumstances the store manager is empowered to reschedule any debt that has accrued to the end of the contract.”<br />
''' </div></blockquote><br />
|}<br />
<br />
<br />
Strangely, and with complete disregard to guidelines from the Office of Fair Trading (OFT), BrightHouse seem to have an active policy of forcing you into further arrears and debt should you fall behind on your agreement. They will refuse to accept part-payments, and will not allow you to reduce any arrears by paying a little extra for a few weeks. Plus, to make matters worse, they will then require the FOLLOWING week’s/month’s payment as well, making it even harder to “catch up” and bring your account up to date. You will also incur a weekly “penalty charge” (currently £2.70 per agreement).<br />
<br />
<br />
For example, let's say your weekly payment is £25.00 (3 typical agreements - fridge, washing machine and TV), the punishment for being just ONE DAY LATE will be a required payment of £58.10. Eight days late and it becomes a staggering £91.20.<br />
<br />
<br />
'''An extract from the Office of Fair Trading (OFT) guidelines regarding the collection of debt:'''<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''Physical/psychological harassment'''<br />
<br />
'''2.5''' Putting pressure on debtors or third parties is considered to be oppressive.<br />
<br />
'''2.6''' Examples of unfair practices are as follows:<br />
<br />
'''f.''' pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so<br />
<br />
'''g.''' making threatening statements or gestures or taking actions which suggest harm to debtors.<br />
</div></blockquote><br />
|}<br />
<br />
<br />
It won’t be long before BrightHouse start chasing you for payment. You can expect a telephone call if your payment is just one day late! BrightHouse have also been known to phone around the names you have given as references and turn up unannounced at your home. They will bombard you with all sorts of “threats” ranging from insisting on a set time to pay - to instant repossession, but you should simply ignore and disregard anything BrightHouse tell you unless it is in writing. Any kind of aggression or confrontation should be avoided at all times.<br />
<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''“…The BrightHouse policies regarding debt collection are fully compliant with the Consumer Credit Act and with the OFT guidelines regarding the collection of debt.”'''<br />
</div></blockquote><br />
|}<br />
<br />
<br />
<br />
If you receive a formal written default notice, and are unable to bring your account up to date in one go, you may like to consider writing a letter similar to this one:<br />
<br />
(Send recorded delivery to head office, and copy to your local store)<br />
<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
Account(s) number(s) <span style="color:red">XXXXXXXXX </SPAN><br />
<br />
Dear Sirs<br />
<br />
I have recently been experiencing some financial difficulties and, as a result, have fallen behind with my weekly payments to BrightHouse. This is most regrettable, so please accept my apologies<br />
<br />
I am receipt of a default notice for <span style="color:red">£XXXX </SPAN><br />
<br />
I do not wish to return the goods voluntarily, and as I cannot afford to pay this amount in one instalment, I would like to offer the sum of <span style="color:red">£(reasonable amount) </SPAN> per week on top of my regular weekly payment of <span style="color:red">£XX </SPAN> to clear my arrears over the next <span style="color:red">XX </SPAN> weeks. This payment plan can start immediately.<br />
<br />
I have made this proposal (and made an offer of payment) at my local store, but my payment was refused. I was told that BrightHouse will not/cannot accept “part payments”. This “policy” only places my account(s) further into arrears and invokes further penalty charges. I find this both immoral, unfair and in direct contravention to OFT guidelines regarding the collection of debt.<br />
<br />
Naturally, I hope you will accept my offer (above) and allow me time to bring my account(s) up to date in both a fair and affordable way. Of course, by accepting my offer, and by me maintaining regular payments (on time) you agree NOT to apply any further “penalty” or “late payment” charges to my account(s).<br />
<br />
Please confirm in writing your acceptance or refusal of my offer in order for me to make the necessary payment arrangements, or to prepare for my defence in the County Court as appropriate.<br />
<br />
Kindest Regards<br />
<br />
YOU<br />
<br />
</div></blockquote><br />
|}<br />
<br />
cc - BrightHouse local store and your local Trading Standards (this never hurts)<br />
<br />
<br />
If you have paid more than one third of your agreement total, BrightHouse must seek a court order before they can re-posses their goods – which are now considered as “protected goods”. (Note - if, after one third of the agreement total has been paid and BrightHouse do re-posses their goods <u>without a court order</u> and <u>without your permission,</u> then Brighthouse are in breach of their agreement and you are entitled to claim back all payments made previously on it.)<br />
<br />
<br />
Even if you have NOT paid more than one third of your agreement total, BrightHouse must still seek a court order (return order) to re-posses goods from your home - even then they cannot forcibly enter. They can, however, re-posses their goods if they are in a public place.<br />
<br />
<br />
If BrightHouse do decide to apply for a re-possession order (or return order), you will be notified of the hearing date and you will have the opportunity to put your case forward in court. If you want to keep the goods (and continue with your agreement) you must show the court you can still afford the repayments, and you should make a reasonable offer to reduce your arrears. The court will make a judgement and, if acceptable, order BrightHouse to accept your offer.<br />
<br />
<br />
If you have paid more than half of the instalments on your agreement you may, if you wish, return the goods voluntarily and without any penalty.<br />
<br />
<br />
More often, and as an alternative to court action (BrightHouse don’t appear to like going to court), you will probably get the offer of an account re-set. This entails signing a new agreement, which takes your outstanding balance, PLUS your arrears and starts “fresh” with a BRAND NEW agreement spread over a slightly longer period.<br />
<br />
<br />
You should think very carefully before agreeing to this, because you risk losing all the rights you have accrued regarding repossession and early settlement, making it easier for BrightHouse to repossess their goods should you get into difficulty again.<br />
<br />
<br />
If you do decide to accept an account re-set, insist the store manager (and you) sign the following covering letter and ensure it is stapled to your new agreement along with a copy of your ORIGINAL agreement...<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
Original agreement number <span style="color:red"> XXXXXXXXXXXXXXXX</SPAN> <br />
<br />
New Agreement number <span style="color:red">XXXXXXXXXXXXXXXX</SPAN> <br />
Date<br />
<br />
<u>Updated agreement to reflect Account Re-Set</u><br />
<br />
<u>'''IMPORTANT'''</u> Payments made previously on this agreement (<span style="color:red">XX </SPAN> payments to date representing <span style="color:red">XX </SPAN> of the total amount payable) are to be reflected, and form part of, any revised agreement.<br />
<br />
All rights under the Consumer Credit Act 1974 regarding, in particular, “early settlement” and “repossession” as set out in section J of the original agreement remain intact and continue uninterrupted into any revised agreement.<br />
<br />
Signed -<span style="color:red">YOU<br />
(Print name) </SPAN> <br />
<br />
Signed -<span style="color:red">Store Manager (for and on behalf of Caversham Finance trading as BrightHouse)<br />
(print name) </SPAN> <br />
</div></blockquote><br />
|}<br />
<br />
<br />
Here are the complete terms and conditions applied to a standard BrightHouse Hire Purchase Agreement<br />
<br />
Please note. These files are NOT hosted by CAG.<br />
<br />
'''[http://www.lefthooker.pwp.blueyonder.co.uk/posting/brighthouse_hp_terms.pdf BRIGHTHOUSE HIRE PURCHASE TERMS AND CONDITIONS]'''<br />
<br />
OK, now a couple of things spring to mind... Firstly BrightHouse have recently been awarded "corporate membership of the Plain English Society", I'm guessing that these contracts weren't part of the appraisal process!!!<br />
<br />
And secondly, customers are expected to have fully understood all the terms and conditions in the agreements they sign at the point of sale...<br />
<br />
"STATEMENT: All charges, terms and obligations in every agreement we make with our customers are explained in easily understood language in a personal presentation in store before the agreement is signed. We then test customers on their understanding of the agreement..."<br />
<br />
What do YOU think?<br />
<br />
== 2 – “OPTIONAL” SERVICE COVER (OSC) ==<br />
<br />
<br />
“Optional Service Cover” (non-insured) contracts are provided by BrightHouse themselves, and added to your hire purchase agreement as an additional weekly/monthly payment.<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''“…BrightHouse offers Optional Service Cover. This offers a convenient and effective means of getting goods, which customers use on a daily basis, repaired quickly and to a reliable standard. In addition it provides “No Quibble Returns” and “Start Where You Left Off” services that help customers with payment problems. These measures assist customer and make our service cover unique.”''' </div></blockquote><br />
|}<br />
<br />
<br />
You should consider cancelling any “Optional” Service Cover policies you have now! Because:<br />
<br />
'''a)''' You can return the goods, if necessary, without penalty if you have paid more than half the agreement total. You do not need an expensive insurance policy in order to do this.<br />
'''<br />
b)''' The service cover is often applied automatically without giving you the option to choose whether you required it or not, and<br />
<br />
'''c)''' the service cover is extremely over-priced (and totally unnecessary as you already have statutory rights), plus it represents very poor value for money when compared to a typical manufacturer’s own extended warranty as the example below shows…<br />
<br />
<br />
''<u>Extended Warranty direct from ACER for a 15.4” Laptop</u> - Available upon registering a new ACER product, or at the end of the manufacturer’s 12 month guarantee period''<br />
<br />
''A single one off payment of £49.99 which provides an additional 2 years of cover to the initial 12 months guarantee period, giving a total of 3 years cover. This cover includes collection and return, all parts and labour, repairs within 5 days or a brand new replacement product if not completed within 28 days.''<br />
<br />
<br />
''<u>Caversham Finance (Trading as BrightHouse) “optional” service cover</u>''<br />
<br />
''104 weekly payments of £5.95 (total £618.80) providing service cover for the 2-year duration of the agreement. As ACER guarantee all new products for the first twelve months regardless, this figure only represents one year of actual extended service cover. The cost of this cover is extortionate and, quite simply, cannot be justified.''<br />
<br />
<br />
Of course, “Optional” Service Cover isn’t really service cover at all. As we’ve already established, all new products are subject to a 12 months manufacturer’s warranty, (which, of course, is in addition to your statutory rights – more about that later…) and any volume purchaser like BrightHouse will be able to negotiate massive discounts with outside service agents for any repairs that may occur at other times. No. “Optional” Service Cover is just a thinly disguised payment protection plan that HUGELY inflates the overall cost of the product, and protects the interests of BrightHouse and NOT you!<br />
<br />
<br />
BrightHouse also appear somewhat confused over the word “optional”. According to their own terms and conditions, “optional” service cover is an “option” to purchase at the time of the initial agreement, and cancellation thereafter will require 7 days notice. However, BrightHouse staff will tell you that “optional” means the option not to purchase the service cover can only be exercised at the time of the initial agreement and, furthermore, cannot be removed thereafter!<br />
<br />
<br />
This is total nonsense. Service cover is optional and can be removed. Of course, any attempt to remove it will invoke fierce resistance from BrightHouse! Local store managers, under pressure from their area managers, will have stringent sales targets to meet, and the revenue generated by “Optional” Service Cover policies is vital to them.<br />
<br />
<br />
You should also be aware that BrightHouse has the right to terminate your "Optional" Service Cover policy with just 7 days notice to you. They have been known to apply this clause if an item is deemed “beyond economic repair” leaving you considerably out of pocket (and left with nothing) when this happens towards the end of an agreement. In contrast, a typical manufacturer’s own extended warranty would, at least, result in a refund of the premium paid.<br />
<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''“…Customers fully understand their rights and obligations under the agreement. The terms and conditions are fully explained to them before they sign the contract. In addition to the purchase of goods through a Hire Purchase contract, customers may choose to take advantage of Optional Service Cover. This cover is optional, and the customer has the right to cancel it at any time.”'''<br />
</div></blockquote><br />
|}<br />
<br />
<br />
To remove optional service cover from your agreement(s), put a request in writing to your store (and to head office). Once this has been done the store has to comply with your request. Use a letter similar to this one:<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
Item Description/Account Number <span style="color:red">XXXXXXXXXXXXXXXX </SPAN> <br />
<br />
Dear Sir<br />
<br />
I am writing to give the required 7 days notice, as detailed in my agreement(s) that I wish to cancel all "optional" service cover on the above product(s). To simplify matters, I have today <span style="color:red">(date) </SPAN> presented a copy of this letter to the store manager of Brighthouse (Branch), which has been duly acknowledged, so 7 days notice shall commence at the date of this letter.<br />
<br />
As stated in my agreement:<br />
<br />
“Your Obligations: Optional Service Cover<br />
Section C (b) The service cover premium is renewable each time your regular instalment is due under the agreement. If the premium is not paid Service Cover will lapse.<br />
<br />
Section H (3) This policy shall continue in force until you give seven days notice…”<br />
<br />
I shall, therefore, be making my next payment on <span style="color:red">(day) </SPAN> at Brighthouse (branch). This payment will not include "optional" service cover.<br />
<br />
I understand that I may be required to sign a revised agreement. I will only do this on the firm understanding that all payments made previously on this agreement are reflected in any revised agreement. I do not waive any of my rights under the Consumer Credit Act 1974 regarding, in particular, “early settlement” and “repossession” as set out in section J of the original agreement.<br />
<br />
Kind Regards<br />
<br />
<span style="color:red">You</SPAN> <br />
</div></blockquote><br />
|}<br />
<br />
<br />
In much the same as an account re-set (see above) the removal of Optional Service Cover will usually result in a new agreement having to be signed. This is because the weekly premium for it is incorporated into the weekly payment schedule.<br />
<br />
<br />
If you do have to sign a new agreement, and because you risk losing all the rights you have accrued regarding repossession and early settlement, insist the store manager (and you) sign a similar covering letter (as demonstrated for an account re-set), and ensure it is stapled to your new agreement along with a copy of your ORIGINAL agreement.<br />
<br />
<br />
(You can view a full copy of BrightHouse Optional Service Cover Terms and Conditions '''[http://www.lefthooker.pwp.blueyonder.co.uk/posting/brighthouse_osc_terms.pdf HERE]''' (Adobe Acrobat File - opens in new window)<br />
<br />
== 3 - DAMAGE LIABILITY COVER (DLC) ==<br />
<br />
<br />
“Damage Liability Cover” insurance policies are underwritten by BrightHouse themselves (through associate company Caversham Insurance (Malta) Ltd), and added to your hire purchase agreement as yet another additional weekly/monthly payment.<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''“…We may require you to take out Damage Liability Cover if you do not have home contents cover…”''' </div></blockquote><br />
|}<br />
'''“…We may require you to take out Damage Liability Cover if you do not have home contents cover…”'''<br />
<br />
<br />
Actually, there is very little “may require” about it. This additional insurance policy (around £250 on a £800 cash price product) is loaded AUTOMATICALLY and will only be removed if you can supply proof of "suitable" home contents insurance. (Of course, BrightHouse reserve the right to determine what is and what is not "suitable". In fact, very few home contents policies will specifically include items subject to a hire purchase agreement, and agree to settle with the finance company in the result of a claim.)<br />
<br />
<br />
Nevertheless, you are led to believe this insurance covers the goods for damage, theft, fire, flood etc. But, unlike “real” home contents insurance it WILL NOT provide you with any replacement should it become necessary (not even like-for-like), and will only ever, at best, release you from your agreement with BrightHouse. You end up with NOTHING. In fact, you may even end up with a policy excess to pay (up to £100 in some cases) particularly on portable items – laptops, cameras and game consoles for instance.<br />
<br />
<br />
Furthermore, in the event of a claim, the store manager will have the final say as to whether the policy should apply. He may, for instance, decide the goods where stolen or damaged because you didn’t secure or look after them adequately<br />
<br />
<br />
Most people - even those who live in "high risk" insurance areas - can insure the entire contents of their home for less than BrightHouse charge for Damage Liability Cover on a single item!<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''“…It is a term of our contract, and in the interest of the customer, that the goods are insured. If a customer has home contents insurance this may well provide the necessary cover. Where a customer does not have home contents insurance, they may obtain cover through our Damage Liability Cover. Damage Liability Cover extends insurance cover on the product payments. Damage Liability Cover means that in the event of products being damaged by a fire, or accident, any outstanding payments on a valid claim will be waived.”''' </div></blockquote><br />
|}<br />
<br />
<br />
Basically, “Optional Service Cover” (above) and “Damage Liability Cover” is just one big payment protection policy split into two (thus disguising its true purpose) and, typically, BrightHouse will rely on your lack of knowledge and understanding when applying it. The two policies combined – and based upon a typical £800 cash price product – will eventually add around an extra £850.00 to your agreement.<br />
<br />
<br />
With this in mind, and taking into account the inflated “cash” price and 29.9% APR, it means that, on average, goods purchased from BrightHouse, with Optional Service Cover and Damage Liability Cover policies attached, will end up being almost FOUR times as expensive than if you had bought them elsewhere. By their own admission, BrightHouse claim that around 90% of their customers have Optional Service Cover and Damage Liability Cover attached to their agreements.<br />
<br />
(You can view a full copy of BrightHouse Damage Liability Cover Terms and Conditions '''[http://www.lefthooker.pwp.blueyonder.co.uk/posting/brighthouse_dlc_terms.pdf HERE]''' (Adobe Acrobat format - opens in new window)<br />
<br />
<br />
== 4 – LATE PAYMENT CHARGES ==<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''“…Unlike credit or store cards, although the customer is late paying, we do not invoke our right to charge any additional interest on the overdue amounts. We have a one off fee (currently £2.70) per agreement to re-instate the contract.”''' </div></blockquote><br />
|}<br />
<br />
<br />
A penalty charge of £2.70 (per agreement) for late payments may, on the surface, appear quite reasonable - that is until you consider it is a WEEKLY charge and is applied to all agreements individually. (Most customers will have more than one agreement. For instance, a typical bed will be spread over two separate agreements. One for the frame and one for the mattress.)<br />
<br />
<br />
This equates to a monthly charge of more than £11.00 per agreement, and assuming an average customer may have 4 separate agreements, this quickly becomes a monthly penalty charge of around £50.00. (This makes the banks and their highly publicised penalty charges look like angels in comparison!)<br />
<br />
<br />
Punitive penalty charges are unlawful. Losses for breach of contract must only reflect the actual loss, and not be a way of profiteering. In much the same way as customers have challenged banks and had their bank charges refunded, people have also succeeded with claiming penalty charges back from BrightHouse.<br />
<br />
<br />
<br />
== 5 – YOUR STATUTORY RIGHTS AND THE SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973 ==<br />
<br />
<br />
Even if you do not have “Optional” Service Cover on your agreement(s), and the goods develop a fault, don’t be fobbed off with any rubbish that repairs have to be paid for and the responsibility lies with you. Regardless of how old your product is, and assuming it's been used correctly and in accordance with the manufacturer’s instructions, then BrightHouse have a LEGAL duty to comply with the SUPPLY OF GOOD (IMPLIED TERMS) ACT 1973 and either refund, replace or repair (dependant upon how old the goods are) as necessary.<br />
<br />
<br />
Contrary to popular belief, your basic consumer rights DO NOT expire after 12 months! A new product should be of "satisfactory" quality, "fit for the purpose", "free from defects", "safe" and "DURABLE." The act relies on how a "reasonable" person would define "satisfactory" - and (in the case of a freezer, cooker or high end electrical product) a "reasonable" person would expect a new product to last considerably longer than 12 months! High-end electrical products and most domestic appliances should have a useable life expectancy of anything between 4 - 18 years!!!!!<br />
<br />
<br />
Your rights under the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973 can last for up to six years!<br />
<br />
<br />
It is worth noting that BrightHouse frequently supply second hand goods. Of course, they prefer to describe them as “quality refurbished”, but the bottom line is they will be used, re-possessed or repaired products – often up to 3 years old. Your rights under the SUPPLY OF GOODS (IMPLIED TERMS) ACT 1973 are somewhat more limited when it comes to second hand goods. You should, therefore, refuse to accept any goods from BrightHouse unless they are clearly described as “new” on your agreement.<br />
<br />
<br />
You are perfectly within your rights to do this.<br />
<br />
{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
|-----<br />
| <br />
<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
'''“…BrightHouse offers high quality home electronic and domestic appliances, household furniture and other related products. In addition to brand new products, customers have the option to select from our range of “quality refurbished” products.”''' </div></blockquote><br />
|}<br />
<br />
<br />
== 6 – CONCLUSION ==<br />
<br />
<br />
BrightHouse target the poor. Fact! They also know that 100% of their customer base is “sub-prime” – people who can’t get credit by other means. They rely on a typical customer being unaware of their consumer rights, and unlikely to “rock the boat” and jeopardize being accepted for credit. BrightHouse fully understand this – and that’s how their business works. The company clearly aims to exploit the most vulnerable and ill educated in society and, once signed up to their extortionate credit agreements, treats them with utter contempt and with absolutely no concern for their financial well being.<br />
<br />
During our research, we frequently encountered contempt and rudeness from all sections of BrightHouse. From till staff, to store and regional managers, through to customer service advisors and senior managers. Questions were evaded, or we were lied to. Phone calls were never returned. Emails were ignored. Problems were disregarded, and any pleas for help with arrears or payment difficulties were met with a total lack of sympathy and steadfast refusal. But all of this is hidden behind a very polished corporate image, backed up by carefully chosen high profile charity causes, and very slick cross-media advertising campaigns.<br />
<br />
Therefore it comes as no surprise that BrightHouse recently embarked on a 12-month deal to sponsor the TRISHA GODDARD show on (channel) five. Research conducted by AMS Media concluded that 70% of TRISHA GODDARD’S audience match the company’s "typical" customer profile. Interestingly, a recent independent report also revealed that 70% of BrightHouse customers are totally dependant upon state benefit.<br />
<br />
Perhaps what is needed is a drastic overhaul of the government’s “social fund” system? A fair and affordable credit system for people denied access to mainstream credit. Not grants, not means tested loans or handouts, but affordable (base rate interest) finance with repayments deducted straight from benefit. Surely this is better than watching £150 million drained annually from the benefit system by venture capitalists like Vision Capital - the owner of BrightHouse?<br />
<br />
<br />
<br />
<br />
<center>This fact sheet is available in Adobe (PDF) format for download and printing</center><br />
<center>'''[http://www.lefthooker.pwp.blueyonder.co.uk/posting/brighthouse_fact_sheet_final.pdf HERE]'''</center><br />
<br />
<br />
<br />
Last updated - 11th April 2008<br />
<br />
<br />
== Information on Brighthouse Collections Procedure. ==<br />
With thanks to Welshtris<br />
<br />
All debt falls into 4 catergories<br />
*1-7 days late phone call<br />
*8-14 days phone call and home visit<br />
*15-45 days home visit, contact references, no resolve reclaim goods<br />
*46-90 home visit to claim back goods<br />
<br />
Anybody over 90 days is classed as a drop off. This means you will drop off the store debt system. No further contact will be made from the store but you may be contacted by the regional debt collectors, but these only work for a week at a time in each area so don't let them scare you. You will receive a letter during each of these time frames to say that court action may occur. This NEVER happens as it would cost more than the goods are worth(unless you have three 52inch plasmas!).<br />
<br />
<br />
Brighthouse have no right of entry to your property no matter how much they tell you otherwise, never invite them in. If they stop you shutting the door on them phone the police straight away as this is tresspassing.<br />
All brighthouse goods have a book value. This is the value of the goods to the store. These depreciate in time, like motervehicles, if you are offered a buy out, make sure you are not paying too much for this and ask for the book value, they will be so shocked you might get a few quid off!!!<br />
<br />
The last bit of advice I will share is that if you have paid a third of your goods overall price you have protected goods status. This means that if brighthouse reposess your goods you are most likely entitled to your money back, all of it! If you confront them with this they will not reposess, but never take a credit rewrite as this will cancel your protective goods status.<br />
<br />
== Useful contact information re: Brighthouse ==<br />
<br />
Now then, we all know that Brighthouse has a culture of rudeness and ignoring requests for information, customer service, advice etc. This goes all the way from till monkeys, through to store and regional managers and right up to customer service advisors and SENIOR managers. Nobody EVER calls you back or returns your calls or emails... (infact most emails bounce back)...<br />
<br />
A little research using the WHOIS register reveals that Brighthouse (Caversham Finance) own many web domains...<br />
<br />
For their regular website they use:<br />
<br />
http://www.brighthouse.co.uk/ (no email facilities)<br />
<br />
http://www.brighthouse.info/ (no email facilities)<br />
<br />
Interestingly, the "customer service" page on their website offers NO facility to make contact by email - although it does say "call, email, pop in store!"<br />
<br />
It also gives their customer service department address as:<br />
<br />
'''BrightHouse Customer Services'''<br />
<br />
'''16 Grampian Court'''<br />
<br />
'''Almondvale South'''<br />
<br />
'''Livingston'''<br />
<br />
'''EH54 6QF'''<br />
<br />
'''0800 5780717'''<br />
<br />
This is NOT Brighthouse head office, and my guess it's just an "out-sourced" call centre.<br />
<br />
<br />
Their REAL head office (and REAL customer service department) address is:<br />
<br />
'''Chiltern House,'''<br />
<br />
'''Marsack Street,'''<br />
<br />
'''Reading'''<br />
'''<br />
RG4 5AP'''<br />
<br />
'''01189 466000'''<br />
<br />
<br />
Brighthouse also own these additional web domains:<br />
<br />
http://www.cavershamfinance.co.uk/ (parked)<br />
<br />
http://www.cavershamfinance.com/ (parked)<br />
<br />
http://www.cavershamtrading.co.uk/ (parked)<br />
<br />
http://www.cavershamtrading.com/ (parked)<br />
<br />
Incidently, Caversham Trading Ltd is the company they use to buy/lease retail property which it then rents to Brighthouse Ltd<br />
<br />
Now then, if you want to contact anyone at Brighthouse by email you can forget ANY of the web addresses above. For head office email they use:<br />
<br />
http://www.brighthousestores.co.uk/<br />
<br />
All operations staff have email accounts in the format of:<br />
<br />
SURNAME.FORENAME AT BRIGHTHOUSESTORES.CO.UK</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Cahoot&diff=3412Cahoot2009-01-24T22:55:02Z<p>Mbrowne: /* Description of Charges */</p>
<hr />
<div>== Description of Charges ==<br />
<br />
Cahoot deferred finance charge<br />
<br />
Cahoot billed finance charge<br />
<br />
Cahoot overlimit charge assessment<br />
<br />
== Contact Details ==<br />
<br />
<br />
'''REGISTERED ADDRESS: -'''<br />
<br />
CAHOOT<br><br />
Friars House<br><br />
PO Box 1981<br><br />
Coventry<br><br />
CV1 2ZD<br><br />
<br />
<br />
'''COMPLAINTS DEPARTMENT EMAIL ADDRESS: -'''<br />
<br />
[http://www.cahoot.co.uk/contact_us/contact_us.html Online Contacts]<br />
<br />
<br />
'''CUSTOMER SERVICE/COMPLAINTS CONTACT NUMBER: -'''<br />
<br />
0870 6000 655<br />
<br />
<br />
'''INTERNET BANKING WEBSITE: -'''<br />
<br />
[https://ibank.cahoot.com/servlet/com.aquarius.security.authentication.servlet.LoginEntryServlet Log On]<br />
<br />
<br />
'''HOW TO OBTAIN YOUR STATEMENTS ON LINE: -'''<br />
<br />
If You Have This Information Please edit here or PM a Moderator<br />
<br />
<br />
'''OTHER CONTACTS: -'''<br />
<br />
If You Have This Information Please edit here or PM a Moderator<br />
<br />
== Other Banks ==<br />
<br />
See the [[Banks]] page for a list of other banks and credit cards<br />
<br />
<br />
'''''Created by [[User:Me01273|Me01273]] 22:59, 28 May 2007 (BST)'''''<br />
<br />
==From Wikipedia==<br />
<br />
'''Cahoot''' is an Internet bank in the United Kingdom, launched by [[Abbey]], which is now part of Grupo Santander of Spain. The bank was launched in 2000 as the Internet bank of Abbey, and at the end of 2004 had some 650,000 customers. Cahoot is based in Coventry, England.<br />
<br />
==History==<br />
The launch of Cahoot was marred by technical issues that prevented many prospective customers accessing the website. At launch, Cahoot offered interest free overdrafts and credit cards to its first 25,000 customers as a [[pricing]] strategy. <br />
<br />
In November 2004, Cahoot was hit by a security scare whereby customers' statements and balances could be accessed without going through security procedures, following an update to its [[online banking]] system. <br />
<br />
Prior to takeover by Santander, Cahoot recovered from its launch and security issues to achieve over 600,000 accounts and a significant share of the unsecured lending market in the UK. It was consistently rated in Consumers' Association and Guardian surveys in the top three best banks in the UK for service and pricing.<br />
<br />
Initially led by Tim Murley, the bank was taken over by Tim Sawyer in 2002 who was later succeeded by John Goddard in 2005. Murley remains at Abbey as head of wealth management whilst Sawyer left at start of 2005. Intriguingly, the Times newspaper, post his departure, reported that Sawyer was a long time member of the intelligence community and had returned to a more active role.<br />
<br />
The future of Cahoot remains unclear, as bad debt has affected profitability. Santander states it remains committed to the brand but marketing spend has largely ceased, with most marketing staff being redeployed elsewhere.<br />
<br />
==Products==<br />
Cahoot offers [[Checking account|current accounts]], [[savings accounts]], and the [[Webcard]]. Within its product range, Cahoot's innovate Webcard is notable for its ability to generate an individual, one use card number for each online transaction. This is designed to combat fraud, particularly when used for Internet-based transactions.<br />
<br />
In 2006, Cahoot ceased all new sales of credit cards, personal loans and mortgages and now redirects all enquiries to its parent bank, Abbey. In line with those closures it has increased many of its interest rates for existing customers.<br />
<br />
==References==<br />
* http://news.bbc.co.uk/1/hi/business/3984845.stm<br />
* http://news.bbc.co.uk/1/hi/programmes/breakfast/3984641.stm<br />
* http://news.bbc.co.uk/1/hi/business/787267.stm<br />
<br />
==See also==<br />
*[[Abbey]]<br />
*[[Grupo Santander]]<br />
<br />
==External links==<br />
*[http://www.cahoot.com cahoot homepage]<br />
<br />
[[Category:Contact_Details]]<br />
[[Category:Bank_Charges]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Cahoot&diff=3411Cahoot2009-01-24T22:53:39Z<p>Mbrowne: /* Description of Charges */</p>
<hr />
<div>== Description of Charges ==<br />
<br />
Cahoot deferred finance charge<br />
Cahoot billed finance charge<br />
Cahoot overlimit charge assessment<br />
<br />
== Contact Details ==<br />
<br />
<br />
'''REGISTERED ADDRESS: -'''<br />
<br />
CAHOOT<br><br />
Friars House<br><br />
PO Box 1981<br><br />
Coventry<br><br />
CV1 2ZD<br><br />
<br />
<br />
'''COMPLAINTS DEPARTMENT EMAIL ADDRESS: -'''<br />
<br />
[http://www.cahoot.co.uk/contact_us/contact_us.html Online Contacts]<br />
<br />
<br />
'''CUSTOMER SERVICE/COMPLAINTS CONTACT NUMBER: -'''<br />
<br />
0870 6000 655<br />
<br />
<br />
'''INTERNET BANKING WEBSITE: -'''<br />
<br />
[https://ibank.cahoot.com/servlet/com.aquarius.security.authentication.servlet.LoginEntryServlet Log On]<br />
<br />
<br />
'''HOW TO OBTAIN YOUR STATEMENTS ON LINE: -'''<br />
<br />
If You Have This Information Please edit here or PM a Moderator<br />
<br />
<br />
'''OTHER CONTACTS: -'''<br />
<br />
If You Have This Information Please edit here or PM a Moderator<br />
<br />
== Other Banks ==<br />
<br />
See the [[Banks]] page for a list of other banks and credit cards<br />
<br />
<br />
'''''Created by [[User:Me01273|Me01273]] 22:59, 28 May 2007 (BST)'''''<br />
<br />
==From Wikipedia==<br />
<br />
'''Cahoot''' is an Internet bank in the United Kingdom, launched by [[Abbey]], which is now part of Grupo Santander of Spain. The bank was launched in 2000 as the Internet bank of Abbey, and at the end of 2004 had some 650,000 customers. Cahoot is based in Coventry, England.<br />
<br />
==History==<br />
The launch of Cahoot was marred by technical issues that prevented many prospective customers accessing the website. At launch, Cahoot offered interest free overdrafts and credit cards to its first 25,000 customers as a [[pricing]] strategy. <br />
<br />
In November 2004, Cahoot was hit by a security scare whereby customers' statements and balances could be accessed without going through security procedures, following an update to its [[online banking]] system. <br />
<br />
Prior to takeover by Santander, Cahoot recovered from its launch and security issues to achieve over 600,000 accounts and a significant share of the unsecured lending market in the UK. It was consistently rated in Consumers' Association and Guardian surveys in the top three best banks in the UK for service and pricing.<br />
<br />
Initially led by Tim Murley, the bank was taken over by Tim Sawyer in 2002 who was later succeeded by John Goddard in 2005. Murley remains at Abbey as head of wealth management whilst Sawyer left at start of 2005. Intriguingly, the Times newspaper, post his departure, reported that Sawyer was a long time member of the intelligence community and had returned to a more active role.<br />
<br />
The future of Cahoot remains unclear, as bad debt has affected profitability. Santander states it remains committed to the brand but marketing spend has largely ceased, with most marketing staff being redeployed elsewhere.<br />
<br />
==Products==<br />
Cahoot offers [[Checking account|current accounts]], [[savings accounts]], and the [[Webcard]]. Within its product range, Cahoot's innovate Webcard is notable for its ability to generate an individual, one use card number for each online transaction. This is designed to combat fraud, particularly when used for Internet-based transactions.<br />
<br />
In 2006, Cahoot ceased all new sales of credit cards, personal loans and mortgages and now redirects all enquiries to its parent bank, Abbey. In line with those closures it has increased many of its interest rates for existing customers.<br />
<br />
==References==<br />
* http://news.bbc.co.uk/1/hi/business/3984845.stm<br />
* http://news.bbc.co.uk/1/hi/programmes/breakfast/3984641.stm<br />
* http://news.bbc.co.uk/1/hi/business/787267.stm<br />
<br />
==See also==<br />
*[[Abbey]]<br />
*[[Grupo Santander]]<br />
<br />
==External links==<br />
*[http://www.cahoot.com cahoot homepage]<br />
<br />
[[Category:Contact_Details]]<br />
[[Category:Bank_Charges]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Lloyds_TSB&diff=3409Lloyds TSB2009-01-18T15:13:49Z<p>Mbrowne: /* Contact Details */</p>
<hr />
<div>== Description of Charges ==<br />
<br />
Overdraft Excess Fee<Br><br />
Overdraft Usage Fee<br><br />
Returned Cheques<Br><br />
Unauthorised Borrowing Fee<Br><br />
Unpaid Cheque<Br><br />
Unpaid DDM<Br><br />
Unpaid Direct Debits<br><br />
Unpaid Items<br><br />
Unpaid Personal Loan<br><br />
Unpaid Standing Orders<Br><br />
Unpaid/Returned direct debit<br />
<br />
<br />
== LloydsTSB Bank Charges: A Guide - 2001 to present day ==<br />
With thanks to Yourbank<br />
<br />
'''Bank charges that are claimable and how they work:'''<br />
<br />
<br />
'''1) Overdraft Excess Fee/Unplanned overdraft Fee:'''<br />
<br />
They charge this when you go overdrawn by £10 or more above an agreed limit, or by £10 or more without any agreed limit. They will charge this fee again on subsequent days if we make a payment for you that increases your unauthorised overdraft by £10 or more.<br />
<br />
A subtle change happened in around September 2006 with the wording above replaced with this:<br />
They charge this when you go overdrawn and don’t have an overdraft facility, or if you go overdrawn above an agreed overdraft. They will charge this fee again on each day we make a payment for you that increases your overdraft.<br />
<br />
In November 2007 they changed the fee to '''Unplanned Overdraft Fee'''<br />
<br />
This is a daily fee for being over the overdraft fee and a maximum of 10 fees per charging period are applicable. There is also a monthly set fee payable as well.<br />
<br />
<br />
'''2) Unpaid Item Fee/Returned item fee :''' <br />
<br />
You'll be charged this fee whenever there is not enough money in your account to make a payment, such as direct debit, cheque or standing order.<br />
<br />
<br />
<br />
== How much have I been charged? ==<br />
{| border="1" cellpadding="2"<br />
!width="100"|Date<br />
!width="500"|Overdraft Excess Fee<br />
!width="500"|Unpaid Item/Reurned Item Fee<br />
|-<br />
|<br />
2001<br />
|<br />
Going into 2001 the Overdraft excess fee was that when the account went overdrawn during a charging period you were charged 60p each transaction.<br />
|<br />
Going into 2001 this charge was £27.50 per item<br />
|-<br />
|<br />
August 2001<br />
|<br />
That changed in August 2001 when it was monthly fee of £20 per month<br />
|-<br />
|<br />
September 2001<br />
|<br />
It increased in September 2001 to £25 per month<br />
|-<br />
|<br />
April 2002<br />
|<br />
They made a further change to the charging structure in April 2002 when a charge of £20 per day capped at £80 per charging period)<br />
|<br />
In April 2002 it increased to £30.00 per item<br />
|-<br />
|<br />
January 2005<br />
|<br />
In January 2005 it increased to £25 per day(capped at £75 per charging period )<br />
|<br />
In January 2005 it increased to £32.00 per item<br />
|-<br />
|<br />
July 2005<br />
|<br />
From July 2005 it increased to £30 per day(capped at £90 per charging period)<br />
|<br />
In July 2005 it increased to £35.00 per item<br />
|-<br />
|<br />
December 2006<br />
|<br />
<br />
|<br />
In December 2006 it was capped at 3 charges per day.<br />
|-<br />
|<br />
November 2007<br />
|<br />
In November 2007, LloydsTSB completely changed their charging structure.<br />
<br />
Less than £25 was £6 per day<br />
<br />
£25 to £100 was £15 per day<br />
<br />
More than £100 was £20 per day.<br />
<br />
A Monthly charge of £15 is levied on top of the above charges.<br />
|<br />
In November 2007 the charge was reduced to £20 per item with a maximum of 3 per day.<br />
|}<br />
<br />
<br />
<br />
<br />
<br />
LloydsTSB seem to have had a policy since June 2002 on all accounts of this<br />
“We understand that everyone can make mistakes from time to time, which is why we won't charge you the first time you go overdrawn without agreement, as long as you haven't done so in the past 12 months.”<br />
<br />
<br />
A grace period came into force on 2nd November 2007<br />
“If your account goes over its limit, you’ll have until 3.30pm (UK time) that day to pay in enough money to cover all your payments. If you do, you won’t incur any Unplanned Overdraft fees. “<br />
<br />
== Contact Details ==<br />
<br />
'''REGISTERED ADDRESS: -'''<br />
<br />
LLOYDS TSB BANK PLC<br />
<br />
25 GRESHAM STREET<br />
<br />
LONDON<br />
<br />
EC2V 7HN<br />
<br />
'''DATA PROTECTION ACT''' <br><br />
Copy Statement Unit<br><br />
Lloyds TSB Bank plc<br><br />
Swallow House<br><br />
10 Swallow St<br><br />
BIRMINGHAM<br><br />
B1 2AL<br />
<br />
'''As from 16th January 2009:'''<br />
<br />
DSAR Unit,<br> <br />
Lloyds TSB, <br><br />
Customer Service Recovery, <br><br />
Charlton Place, <br><br />
Andover, <br><br />
SP10 1RE<br />
<br />
<br />
'''PRELIMINARY AND LETTER BEFORE ACTION''' <br><br />
Customer Care<br><br />
Lloyds TSB<br><br />
125 Colmore Row<br><br />
Birmingham<br><br />
B3 3SF<br />
<br />
<br />
<br />
<br />
'''COMPLAINTS DEPARTMENT EMAIL ADDRESS: -'''<br />
<br />
[https://secure.lloydstsb.com/online_forms/contact_us/email/enquiry/form.asp Online Email]<br />
<br />
<br />
'''CUSTOMER SERVICE/COMPLAINTS CONTACT NUMBER: -'''<br />
<br />
0845 3000 000<br />
<br />
Penny Berryman's direct telephone number. 020 7522 5202<br />
<br />
<br />
'''INTERNET BANKING WEBSITE: -'''<br />
<br />
[https://online.lloydstsb.co.uk/customer.ibc Log On]<br />
<br />
<br />
'''HOW TO OBTAIN YOUR STATEMENTS ON LINE: -'''<br />
<br />
Once registered, a user can log on and view statements. On the page where you see the detailed entries, there is a box entitled "Please select a statement option" - click on the little downward arrow at the right, and a drop down menu appears. Choose "search your statements" and hit "go". Then appears a form which allows you to search for statements, up to three months at a time. You can go back to 1 July 2002 only.<br />
<br />
<br />
'''OTHER CONTACTS: -'''<br />
<br />
Mr Chris Brown<br />
<br />
Copy Statement Unit<br />
<br />
Account Services<br />
<br />
Group Operations<br />
<br />
Swallow House<br />
<br />
10 Swallow Street<br />
<br />
Birmingham<br />
<br />
B1 2AL<br />
<br />
<br />
Eric Daniels<br />
<br />
Chief Executive<br />
<br />
Lloyds TSB Bank plc<br />
<br />
25 Gresham Street<br />
<br />
London <br />
<br />
EC2V 7HN<br />
<br />
<br />
OR<br />
<br />
<br />
Ms Terri Dial<br />
<br />
Executive Director, Retail Banking<br />
<br />
Lloyds TSB Bank plc<br />
<br />
25 Gresham Street<br />
<br />
London EC2V 7HN<br />
<br />
== Other Banks ==<br />
<br />
See the [[Banks]] page for a list of other banks and credit cards<br />
<br />
<br />
'''''Created by [[User:Me01273|Me01273]] 23:08, 28 May 2007 (BST)'''''<br />
<br />
[[Category:Contact_Details]]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Credit_Cards:_Who_Owns_Who&diff=3408Credit Cards: Who Owns Who2009-01-16T22:27:54Z<p>Mbrowne: </p>
<hr />
<div>Although it seems there are lots of credit cards to apply for, many are just different brands from the same card issuer. This is important, because some issuers will only let you have one of their cards and none of them allow you to Balance Transfer between their own cards.<br />
<br />
This table also shows you which credit reference agencies (CRAs) each lender uses.<br />
<br />
<span style="color:red">#</SPAN>indicates that the lender uses Experian <br />
<br />
<span style="color:green">#</SPAN>indicates that the lender uses Equifax <br />
<br />
[[Image:Credit Cards Who owns Who 1.JPG ]]<br />
[[Image:Credit Cards Who owns Who 2.JPG ]]<br />
<br />
[http://www.stoozing.com/cards.htm www.stoozing.com]</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=File:Credit_Cards_Who_owns_Who_2.JPG&diff=3407File:Credit Cards Who owns Who 2.JPG2009-01-16T20:59:40Z<p>Mbrowne: </p>
<hr />
<div></div>Mbrownehttp://consumerwiki.co.uk/index.php?title=File:Credit_Cards_Who_owns_Who_1.JPG&diff=3406File:Credit Cards Who owns Who 1.JPG2009-01-16T20:59:13Z<p>Mbrowne: </p>
<hr />
<div></div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Consumer_Credit_Agreements&diff=3405Consumer Credit Agreements2009-01-03T17:06:25Z<p>Mbrowne: </p>
<hr />
<div>== Consumer Credit Agreements ==<br />
<br />
<br />
This thread is designed to help users decide if a copy of a credit agreement sent to them by a creditor is enforceable or not. It has several sections that explain what the Consumer Credit Act 1974 means by a 'properly executed agreement', what sort of documents comply with a request by the debtor under sections 77, 78 and 79 of the Act and whether such a document is enforceable.<br />
<br />
The sections are as follows:<br />
<br />
'''[http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html#post1747471 Properly executed agreements]'''<br />
<br />
This section defines what constitutes a properly executed agreement for loans, hire purchase agreements and credit cards. It also considers the particular case of electronic agreements entered into after 2004.<br />
<br />
'''[http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html#post1747504 Copies of agreements]''' <br />
<br />
This section describes requests under sections 77, 78 and 79 of the Consumer Credit Act 1974 and what the regulations allow as a valid response.<br />
<br />
'''[http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html#post1747746 Enforceability of agreements]'''<br />
<br />
This section gives guidance as to whether an agreement is enforceable or not, including whether the creditor can enforce it directly or whether a court order is required. In the case of a court order being required, it describes the limitations placed on a Court by the Consumer Credit Act.<br />
<br />
'''[http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html#post1880870 Multiple agreements]'''<br />
<br />
If an agreement has more than one part (for example an agreement for a cash loan and for PPI), then under certain circumstances, the Consumer Credit Act places extra requiremets for the agreement to be properly executed.<br />
<br />
<br />
For definitions of terms used in this document see '''[http://www.consumeractiongroup.co.uk/forum/general-debt-issues/161658-z-debt-terminology.html A to Z of debt Terms.]'''<br />
<br />
For information relating to interest, definitions and how it is calculated, see the '''[http://www.consumeractiongroup.co.uk/forum/bank-templates-library/145027-interest-tutorial.html Interest Tutorial.]'''<br />
<br />
<br />
<br />
'''The original thread with examples of properly executed agreements is''' '''[http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html#post1895203 here]'''</div>Mbrownehttp://consumerwiki.co.uk/index.php?title=Interest_Tutorial&diff=3404Interest Tutorial2009-01-03T16:55:57Z<p>Mbrowne: /* Estimating interest charged */</p>
<hr />
<div>== INTEREST TUTORIAL ==<br />
<br />
With thanks to Steven4064<br />
<br />
The calculation of interest seems to be a subject that causes a deal of confusion. The purpose of this tutorial is to explain the concepts and help to give people an understanding of what they are charged and why, and what the can claim back as part of a claim for bank and other charges.<br />
<br />
Firstly, some definitions<br />
<br />
'''Principal'''<br />
<br />
On a fixed sum loan, this is the amount borrowed. <br />
<br />
<br />
'''Fixed-Sum Credit'''<br />
<br />
A loan where the sum borrowed (the Principal) is fixed and repaid at interest over a fixed period. Bank loans are the prime example of Fixed-sum Credit.<br />
<br />
<br />
'''Running Account Credit'''<br />
<br />
A loan where the sum borrowed can be continuously varied. Repayments are subject to a minimum repayment but there is no fixed term. Credit Cards and bank overdrafts are the prime examples of Running Account Credit.<br />
<br />
<br />
'''Balance (Account Balance)'''<br />
<br />
The amount owing at a particular time.<br />
<br />
<br />
'''Period Interest rate'''<br />
<br />
The effective interest rate (what you actually pay) for the period in question – usually one month.<br />
<br />
<br />
'''Effective Daily Rate (EDR)'''<br />
<br />
The Period Interest Rate when the period is one day. It is usually calculated from the monthly or annual rate.<br />
<br />
<br />
'''Nominal Annual Rate (NAR)'''<br />
<br />
If the period is one month the NAR = 12* monthly rate.<br />
<br />
For a daily rate, NAR = 365 * EDR.<br />
<br />
The Nominal Annual Rate is what you would be charged if you were being charged simple interest. This never happens. What you actually pay is the Effective Annual Rate. <br />
<br />
<br />
'''Effective Annual Rate (EAR)'''<br />
<br />
The Effective Annual Rate is the annual rate you actually pay. It is the period rate compounded over one year (see compound interest).<br />
<br />
<br />
'''Annual Percentage Rate (APR)'''<br />
<br />
This is the Effective Annual Rate rounded to one decimal place. The rate specified and defined by the OFT to allow different loan terms to be compared. <br />
<br />
How APR is to be calculated is specified in the OFT booklet “Credit Charges and APR” (OFT144).<br />
<br />
<br />
'''Interest date'''<br />
<br />
The date on which interest is added to the account. This is usually at the end of each month. <br />
<br />
<br />
'''Total Cost of Credit'''<br />
<br />
For a fixed-sum loan this is the amount the borrower pays the loan company for the privilege of borrowing the money. It is calculated as the sum of all the repayments minus the principal.<br />
<br />
<br />
'''Simple interest''' <br />
<br />
Interest that is calculated on the outstanding balance of the principal alone. Interest is not charged on any interest previously charged.<br />
<br />
<br />
'''Compound Interest'''<br />
<br />
Interest that is calculated on the account balance. This balance includes the outstanding balance of the principal plus any interest previously charged.<br />
<br />
<br />
'''Contractual Interest'''<br />
<br />
Contractual Interest is the interest rate you are charged in a contract (eg the EAR on a credit card). The term is used in at least two different ways on this site:<br />
<br />
• The interest levied by the bank on the account balance, on unlawful bank charges and PPI payments, etc<br />
<br />
• Interest claimed at the bank’s normal rate in restitution for their ‘unjust enrichment’<br />
<br />
These are described in more detail later.<br />
<br />
<br />
== Simple Interest ==<br />
<br />
<br />
Simple interest is calculated by applying the period rate to the principal (or outstanding balance of the principal) alone. No interest is added to interest previously charged. For example, for a principal of £100 and monthly rate of 2% (note: 2% = 0.02): <br />
<br />
At the end of the first month the balance (assuming no payments) would be<br />
<br />
£100 + (£100 * 0.02) = £102<br />
<br />
At the end of the second month the balance would be<br />
<br />
£100 + (£100 * 0.02) + (£100 * 0.02) = £104<br />
<br />
and so on. The interest over one year would be<br />
<br />
£100 * (0.02) * 12 = £24<br />
<br />
The Effective Annual Rate is therefore 24%. <br />
<br />
The only time you will come across simple interest is in claiming interest under section 69 of the County Courts Act 1984. This allows the Claimant to claim simple interest on the claim at 8% per annum (0.022%/day) from the date of each charge to the date of judgement or earlier settlement.<br />
<br />
<br />
== Compound Interest ==<br />
<br />
<br />
Compound interest is calculated by applying the period rate to the total outstanding balance (balance of the principal plus interest already applied). For example, consider a principal of £100 and monthly rate of 2% (note: 2% = 0.02):<br />
<br />
At the end of the first month the balance (assuming no payments) would be<br />
<br />
£100 + £100 * 0.02 = £100 * (1 + 0.02) = £102<br />
<br />
At the end of the second month the balance would be<br />
<br />
£102 + 0.02 * £102 = £102 * (1 + 0.02) = £104.04<br />
<br />
This can also be written as<br />
<br />
£100 * (1 + 0.02) * (1 + 0.02) = £104.04<br />
<br />
For 12 months we have<br />
<br />
£100 * (1 + 0.02) * (1 + 0.02) * …… (12 times), which we write as<br />
<br />
£100 * (1 + 0.02)^12<br />
<br />
On this basis, the balance at the end of 1 year would be <br />
<br />
£100 * (1 + 0.02)^12 = £126.82<br />
<br />
and the total interest is £26.82, an Effective Annual Rate of 26.82% or an APR of 26.8%. <br />
<br />
This is the way that all banks, credit card companies and loan companies calculate interest. The only difference is that banks, etc do the calculation daily rather than monthly.<br />
<br />
<br />
== Total Cost of Credit and APR ==<br />
<br />
<br />
The above definitions and examples ignore the effects of making repayments. Assuming a loan with monthly payments, the balance at the end of the first month would actually be<br />
<br />
balance 1 = principal * (1 + monthly rate) – payment 1<br />
<br />
and, at the end of the second month<br />
<br />
balance 2 = balance 1 * (1 + monthly rate) – payment 2<br />
<br />
and so on.<br />
<br />
Under the Consumer Credit Act 1974 your loan must contain certain information – amount borrowed (principal), monthly payments, number of payments and APR.<br />
<br />
The monthly repayments are calculated so that at the end of the loan period of n months (2 years - n=24; 3 years - n=36, and so on) <br />
<br />
balance n = 0. <br />
<br />
Most loans will also have the Credit Charge or Total Cost of Credit listed or the Total Payable.<br />
<br />
The Total Payable is just the total of all the monthly payments plus any special initial or final payments. Typically a loan over n months will have an initial payment (which may or may not be the same as the regular monthly payment), a final payment and n-2 regular monthly payments. So<br />
<br />
Total Payable = initial payment + (n-2) * regular payment + final payment<br />
<br />
And the Total Cost of Credit or Credit Charge will be<br />
<br />
Total Cost of Credit = Total payable – Principal<br />
<br />
Calculating the APR from the Principal and Total Cost of Credit or monthly payment information is very complex. The OFT provide a free piece of software for doing it called DualCalc which you can download '''[http://www.oft.gov.uk/advice_and_resources/resource_base/consumer-regulations/dualcalc/dualcalc/ here.]'''<br />
<br />
One implication of all this is that, early in the loan period, most of the repayments are going to pay off interest rather than principal. This is why early repayment ‘deals’ often require payments rather more than the original principal even though a significant amount has been paid.<br />
<br />
For Running Account Credit (eg credit cards), it is not possible to give a figure for the Total Cost of Credit as neither the loan amount nor the repayments are fixed. However, the APR has to be given on the Credit Card Agreement along with the credit limit (or how it will be determined) and the minimum monthly payments (or how they will be calculated).<br />
<br />
== Claiming Interest ==<br />
<br />
<br />
'''What interest can I claim?'''<br />
<br />
If you are claiming unlawful charges from a bank, credit card company or finance company or claiming back PPI payments, you can claim back the interest they have levied on the charges you are reclaiming. <br />
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You can also claim interest specified under s69 of the County Courts Act 1984 calculated as simple interest at 8% per annum (0.022%/day) on all the charges and interest levied on those charges from the date of the charge until the date of (court) judgement or earlier settlement. You can only claim this interest when you file a claim in court.<br />
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Instead of s69 interest, some people are claiming interest in restitution for the ‘unjust enrichment’ of the bank, credit card company or finance company. The argument is that the bank has used my money to lend to other people at interest and therefore made a profit for the bank. In order to put things back as they would have been had the bank not used my money in this way (restitution), that profit ought to be taken off them. This profit is calculated as compound interest at the bank’s normal interest rate on all the charges and interest levied on those charges from the date of the charge until the date of (court) judgement or earlier settlement. Interest for restitution is supported by case law ('''[http://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd070718/sempra-1.htm Sempra Metals]''') - you can read a summary of the case in the ['''[http://business.timesonline.co.uk/tol/business/law/reports/article2133988.ece Times.]''']<br />
<br />
'''What interest can I not claim?''' <br />
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You cannot claim overdraft interest on ‘legitimate’ overdrafts, that is, on that portion of overdrafts not made up of unlawful charges. Similarly you cannot claim back interest on purchases made with a credit card, nor the interest charged on a fixed-sum loan.<br />
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== Estimating interest charged ==<br />
<br />
<br />
You can claim back the interest you have had levied on the charges you are reclaiming. The problem is that you can only calculate this exactly if you have access to every transaction on your account and to the software the bank use to calculate the interest. Obviously, we get all the transactions from the bank or credit card statements sent in response to a Subject Access Request. However, there is no way of obtaining exact information on how the bank calculates interest charges. Therefore, we need a method of estimating this interest.<br />
<br />
<br />
'''PPI on loan agreements''' <br />
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This is actually the easiest to calculate. On a properly executed agreement you will find the following information:<br />
• PPI charges<br />
• APR<br />
Calculate the number of years since the agreement came into force. This can be years and parts of year expressed as a decimal (eg 2 years and 145 days is 2+(145/365) = 2.397 years) – call this ‘y’, say.<br />
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Interest on the PPI is then <br />
<br />
PPI * (1 + APR)^y – PPI<br />
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(Remember to express the APR as a decimal – 26% should go in the equation as 0.26)<br />
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'''Current Accounts'''<br />
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Most banks use a complicated method of charging overdraft interest based on a daily rate applied to the daily balance with the interest charge added up and charged at the end of the month. There is no interest charge if the account is in credit or if the balance is above any agreed free overdraft limit.<br />
<br />
The simplest way of estimating the interest on charges is to keep a running total of charges and then multiply each interest charge on the statement by the proportion of the balance attributable to charges at the interest date:<br />
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Interest on charges = Total charges to date/Account balance * interest charge.<br />
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Having done this for each interest charge on the statements, add them up to get the total interest charged on the bank charges being reclaimed. This method is the one used in the '''[http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html Advanced Spreadsheets]''' in the Bank Templates Library. Remember that an overdraft balance is negative. <br />
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'''Credit Cards'''<br />
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The method used by credit card companies to add interest is very similar to the method used by banks for calculating the interest on overdrafts. The same Advanced Spreadsheet can be used as for Current Account charges. Alternatively, you can use this simpler '''[http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls spreadsheet.]''' Again, remember that the credit card balance is negative.<br />
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'''Check'''<br />
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Some people are very surprised when they first calculate the interest on charges for their claim as it seems too big. This is because compound interest mounts up very quickly. As a simple ‘sanity check’ you can apply the following:<br />
<br />
At 14% APR a debt doubles roughly every 5 years<br />
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At 19% APR a debt doubles roughly every 4 years<br />
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At 26% APR a debt doubles roughly every 3 years<br />
<br />
At 32% APR a debt doubles roughly every 30 months<br />
<br />
At 40% APR a debt doubles roughly every 2 years<br />
<br />
<br />
See the original thread '''[http://www.consumeractiongroup.co.uk/forum/bank-templates-library/145027-interest-tutorial.html here]''' for a tutorial on how to calclate interest using the Advanced Spreadsheets</div>Mbrowne