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Popular Content

Showing content with the highest reputation on 28/04/06 in all areas

  1. OK! As this is classed as a package tour then you have plenty of scope for complaint. It is usually carried out after the trip, but hey I am always up for something different. You need to address this issue in writing to Customer Services Manager Travelscope Holidays Ltd Pioneer Avenue Gloucester Gloucestershire GL3 4AW I cannot find out any names or managers or directors. Explain from beginning to end the problem and state that although they have it written into the T's and C's that they can change the departure port, it is unreasonable to expect someone in their 90's to travel so far in an overcrowded coach. Also explain that the ferry company have plenty of space and you reserve the right to travel from this point and meet with the ship in Newcastle. Point at at every possible occasion where their sales staff have misinformed you. As you have paid for travel from the ferry point not a coach pick - state you wish for a refund of the value of the original transfer part of the holiday. Coach travel is by far and away cheaper than the ferry. I hope I haven't misunderstood the problem Let me know if I have LOULA
    1 point
  2. In what sense - all you have stated is that you can void a contract if the banks alter it to your detriment by increasing their charges. I do not see that this is any help here. Unless they change their charges after you open the account, the banks haven't altered any contract to your detriment - and even if they do change their charges, and they notify you of that change before they apply them, (which will also be one of the terms, that they can do that) you have the option to close your account and go elsewhere if you don't agree to the new charges, so you do not have to pay them. By not doing so you accept the new charges as part of your contract, and they have not been uinilaterally applied. I do not see what you are arguing is relevant. My point is that what is unfair is that the banks can unilaterally choose which way they are going to charge you, by paying an item and charging you for this alleged service, which you may not have wanted, or by declining it and charging you a penalty for doing so, which is illegal under common law. But this is a secondary arguement to use anyway. The primary arguement is that the payments are always penalty charges, and never charges for a service.
    1 point
  3. I sent my DPA request using secure messaging on the website, which of course proves I am who I say I am. You could do this and just send them a message - In reply to your letter of x/x/x I hereby confirm my identity and that I made a DPA on x/x/x. Because they promise to confirm a message recieved within 24 hours, this will not give them any extra time and save you a lot of bother.
    0 points
  4. Two letters received today from Nationwide. 1) Standard letter "transparent etc can't refund charges". 2) much more interesting letter from Data Protection Team. You might recall that I complained that they had not answered my question re: manual intervention. The letter still doesn't answer the question. But it does say THIS: (drum roll.....) "However I can confirm that the following charges are automatically applied to your Flexaccount in response to the described events: - Interest charge - Unauth overdraft fee - Unpaid direct debit fee - Unpaid cheque Fee - Unpaid Standing Order Fee On the credit card, the charges for "late payment" are automatically applied, and the item "an adjustment has been made on your account" will be a manual transaction - normally to contra another transaction on the statement." As always, let me know if mods want a scan. M
    0 points
  5. Long post, sorry but it's all relevant. If you are in dispute with the company you can tell them that any court action will be met with a counterclaim, and you will be asking for damages for illegal harrasment and possibly defamation of character for the incorrect entry on your credit reference file. The DCA CANNOT take you to court, you don't owe them anything! It will only end up in court if the creditor - the company you allegedly owe the money to - decides to take that route. The judge can't look unfavourably upon anything, he is simply there to decide whether or not you do owe the money. Whether or not you chose to co-operate with the DCA is irrelevant. The DCA can only recommend court action to their clients if they fail to collect the debt, but they have little interest in doing so because they won't get their commission, which is basically all the DCA is interested in. That's why they keep chasing and harrassing you but rarely recommend that the company take you to court. However in 99%+ of cases the company will not take you to court because they are frightened of losing, much like the banks in the bank charges claims cases. Note: An agency may have a legal department that acts as agents for the company in court, but they have to be authorised by the company to do so. This will cost the company more than they are likely to be able to reclaim in costs, so if the amount is relatively small (a few hunderd pounds) they have little to gain financially from taking you to court, it's simply cheaper for them to write it off. If they take you to court you will get an opportunity to defend the court action before judgement is made in the form of a letter from the court on which you will be invited to file an admission, defence or counterclaim (there is a fee for a counterclaim). If it reaches this stage and you accept the debt simply pay it before returning the court forms then state on the court form that the debt is settled. That way you will not have to pay any additional court fees/costs. Either way you do not need to go to court but it's better if you do if you are defendding the claim. Send a cheque with a letter stating that payment is offered on the understanding that the default will be removed from your credit reference file, and if they do not agree to this then state that your cheque must not be cashed (it will be, everytime). Pay only the outstanding debt, not any additional fees claimed, they are unlikely to take you to court simply for additional unpaid charges and if the debt has been paid by this point they will probably lose anyway because the debt was paid before it got to court. Any charges must be listed on the court claim form seperately, so if the debt + the charges is all bundled into one on the court form seek advice from the C.A.B. because their claim is then incorrect and probably void. Just a note about default: If your account is officialy in default the company (not the DCA) MUST send you a "Notice of Default". If they haven't, it isn't regardless of what the DCA try to convince you.
    0 points
  6. I had this letter yesterday, I sent it back with the cheque, asking to give me all disclosable personal information. In reply to his statement about manual intervention I aksed him to clarify whether The bank had no personal information about manual intervention or They do have information but it is in a format that is non disclosable. I agree about the letter it certainly is not easy to understand Good luck
    0 points
  7. I have read a number of times in this forum about people wanting to waste the bank's time and about sending duplicates to achieve this but I believe this will do us no good. It is important for us to conduct ourselves in a proper way, this site is clearly dedicated to doing that, and most people respect it. Ultimately we have to demonstrate to the courts that we have taken a reasonable and fair approach to resolving our disputes with the banks, regardless of how we have been treated. It is important that we maintain and build on this reputation and also demonstrate it to newcomers, the wider community and the media. Surely one letter at a time sent by recorded post, or taken by hand and acknowledged by the bank, is sufficient? I know in an incandescent fit of rage it's tempting to create work for the banks, but we can follow the stages of the process and the good will out. This is purely here as a note of caution. I want us to all to achieve the best results we can and don't want any claim to be brought down by evidence of timewasting or a reputation marred by it. Best Wishes,
    0 points
  8. You most certainly have, well done!
    0 points
  9. I would say no......i am in a similar situation to you....was afraid to embark, because in the end it was my fault.....but my first claim has been lodged, with many more to follow... ....my main point in relation to your question is that the bank are entitled to claim 'liquidated losses' in relation to a breach of contract....and £39 or whatever you get charged is certainly not 'liquidated losses'....it's the banks way of making skint people even skinter. So read the FAQ's, and send your first letter of asap....i would recommend one thing however......make sure you send all correspondence Recorded or Special Delivery so that you have proof you sent it and they received it Anyways...good luck...and may the force be with you !! lol:shock: OH AND PS.......If you find this helpful, can u click on the scales on the top right .....gimme some Brownie POints
    0 points
  10. This is BS to be polite! So you're saying that you'd get fired if you made a payment late? I'd love to see them try and justify that when you took them to an employment tribuneral. There are no perks in getting your jobs sent abroad. Don't stick up for the Indian call centres. They are taking YOUR jobs. If the company feel that outsourcing offshore is working well, then it's probably only a matter of time before the rest of the call centre operation is off-shored as well. Stick up for yourselves. Fight for your jobs. I very much doubt that you have any trade union recognition at your place of work/within your company. But if you have, get in the union. A trade union's strength is directly influenced by the number of members it has.
    0 points
  11. Hi Scotia. I have two cases at down the road in Cupar in about four weeks (see litigation section). I'm waiting for acknowledgement from Halifux but wholly expect a judgement by default. I am pursuing £alot in total and have worked out a stratagy for getting through this with regard to the 750 limit. I would say that pretty much all the info you need you'll find here with a bit of trawling around, but if you have any speciific questions with regard to the Scottish small claims system then I would be happy to answer them as I have now had a good look through the Act of Sederant (small claims rules). Gomad
    0 points
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