gerson
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Claiming charges from Britannia Building Society
gerson replied to gerson's topic in Cooperative Bank
Hi DX, I agree regarding the 'clout' but as we are not in the UK then raising a court case will involve solicitors, etc. I did find a 'No win/No fee' via google that looks good (only charges 10% + VAT) so may need to explore that further when the time comes I intend to send my response back to the FOS tomorrow so any comments welcome G -
Claiming charges from Britannia Building Society
gerson replied to gerson's topic in Cooperative Bank
Hi, Extract from the DISP rules: The Ombudsman cannot consider a complaint if the complainant refers it to the Financial Ombudsman Service: 2.8.2 (1) more than six months after the date on which the respondent sent the complainant its final response or redress determination; or (2) more than: (a) six years after the event complained of; or (if later) (b) three years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint; unless the complainant referred the complaint to the respondent or to the Ombudsman within that period and has a written acknowledgement or some other record of the complaint having been received; unless: (3) in the view of the Ombudsman, the failure to comply with the time limits in ■ DISP 2.8.2 R or ■ DISP 2.8.7 R was as a result of exceptional circumstances; or (4) the Ombudsman is required to do so by the Ombudsman Transitional Order; or (5) the respondent has not objected , on the grounds that the time limits in ■ DISP 2.8.2 R or ■ DISP 2.8.7 R have been exceeded, to the Ombudsman considering the complaint. The six-month time limit is only triggered by a response which is a final response. A final response must tell the complainant about the six-month time limit that the complainant has to refer a complaint to the Financial Ombudsman Service. 2.8.3 An example of exceptional circumstances might be where the complainant has been or is incapacitated. Attached is my proposed reply So if my latest objection fails then it looks as though I will have to take this to court. As we are not in the UK then we might need to use a CMC G -
Hi, Any update on this? Did you issue CC claim? Have a similar issue with mortgage not going back further than 6 years
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Claiming charges from Britannia Building Society
gerson replied to gerson's topic in Cooperative Bank
Hi All, Summary: Tried requesting unfair fees back from mortgage company which they refused so sent complaint to FOS FOS response: Thank you for the information you sent me, which I have noted. As a service, we look at disputes between consumers and businesses. However, there are strict rules we have to follow as I stated in my letter of xx March 2014. These are set up under the Financial Services andMarkets Act 2000 and known as the disp rules. I attach a copy for you. We haveno binding powers if a complaint is out of our jurisdiction and we can’t consider the merits of that complaint. In this case the business has raised atime objection into us looking at the complaint. I already have a copy of your attached letter from xxxxxxxx ofxx January 2003. All the fees charged are listed In the full breakdown of youraccount that it referred to. I also have copies of arrears letters xxxxxxxsent which highlighted fees that were being charged. In addition, lenders arerequired to provide a mortgage statement each year the mortgage is in place andI’ve no reason to doubt that xxxxxxx sent these to you. The annual mortgagestatements would show the balance at start and end of the period, payments,interest and any fees charged. For these reasons my opinion remains the same as the letter Isent you on xx March 2014. NOTE: The letter reffered to from 2003 does not contain a breakdown of fess charged and the spreadsheet was not provided as part of the DSAR response pack but only appeared when I complained the the mortgage company. The arrears letters we did receive and they do note the charges levied however we were not aware at the time that these were unfair.... Question: As the FOS adjudicator has refused to accept the complaint due to 'time barred' is this now a lost cause???? Or should I just go for court now?? Need help G -
Claiming charges from Britannia Building Society
gerson replied to gerson's topic in Cooperative Bank
Hi This is the reply I intend to send FOS Any comments welcome G -
TVL in Germany = GEZ and is required if you own a radio, TV or a computer, you should (if we beleive them) have one for each..... Under the old GEZ system - If you have never had one then they had to prove that you needed one and like the TVL buffoons have no standing in law - deny them entry and there is nowt they can do. However, once you have one it is extremely difficult to stop - unless you die or leave the country.... All that changed on 1-Jan-2013 We have friends who had to pay two fees due to Ms A meeting Mr Right having seperate apartments and then living together in her place. because He still has his previous apartment (being rented out for extra income) before the changes. The current fee (note: it is no longer a licence) is about €18 per month per 'household' - even if you do not have any equipement. Only people who are deaf AND blind can now be exempt As it is the GEZ have never taken any one to court over this, event though the warning letters state a 'fine' of upto €1,000 G
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Claiming charges from Britannia Building Society
gerson replied to gerson's topic in Cooperative Bank
Update: No suprise - FOS have accepted the comment from BBS that I requested a detailed breakdown of fees in 2003 There is absolutely no evidence of this is the SAR pack, the only evidence I can find is a response in relation to a 'balance of account' enquiry which says 'balance including insurance, fees, etc'. When I raised the complaint with BBS they responded along the same line and suddenly included a spreadsheet which showed an annual summary of account - but not since inception - which only gave totals and included a collumn for fees - in no way did this provide a breakdown of the fees only a 'yearly total' I will now need to go back through all my paperwork and the SAR coms log to verify that we never requested at any time a full breakdown of fees The FOS obviously do not look at the data supplied and simply followed the BBS 'script' Once I verify that no breakdown of fees was ever requested or supplied then I will reject the FOS decision and request a further review I will post up my redacted response to FOS in due course G -
Claiming charges from Britannia Building Society
gerson replied to gerson's topic in Cooperative Bank
Update: BBS have informed the FOS that they are under the impression that my complaint is 'time barred' and should not be investigated. The final response from BBS was in Oct and complaint laid in February (so not time barred that way). Will have to wait for the FOS to provide more details G -
Now if we all move to watching the tellie via t'internet then this will cause problems with some ISPs - fair use policy?? At the moment the BBC is a public corporation not a private company, which is subsidised by the TVL and if you don't have a TVL, when needed, then you get a crimal conviction against you. How many other companies around the world have that much power?
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Hi mijit, Looks as though they are trying to use 'simple contract' law (S5) instead of S20 S20 of the Limitation Act 1980 provides a time limit of 12 years on actions to recover mortgage loans. This starts from the date on which the right to receive the money accrues. 20 Time limit for actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land.E+W (1)No action shall be brought to recover— (a)any principal sum of money secured by a mortgage or other charge on property (whether real or personal); or (b)proceeds of the sale of land; after the expiration of twelve years from the date on which the right to receive the money accrued. So if they can use S20 to reclaim monies for 12 years then so can you, IMHO I got my mortgage company to supply data all the way back to 1984..... last year...... They never disputed the fees going back to then and simply stated that their charges were 'acceptable' Had to pass my re-claim fees to FOS though - still waiting G
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Hi, have a read here - it provides some good info http://www.brighton-accountants.com/blog/business-not-a-bank-account/ http://www.brighton-accountants.com/blog/company-bank-account/ G
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Depending on the turnover you may also need to register the LTD for VAT. Are you operating from your home or some other premises? If from home then you may need to inform the council and your motgage company/landlord As Andydd said - using a LTD can help in reducing some tax/NI liabilities. Have you spoken to an accountant yet, if not I would suggest you do so. Once you have decided to go LTD then it should be simple to switch the accounts over - remember that you will also need a bank account in the LTD name as well and make/arrange for all 'business' costs to be paid from this account. Try not to use the business account as a personal account as this can lead to problems later on (directors loan account being one) All 'business' expenses are deductable against tax liability so it is probably best to switch the lease over as well, one tax advisor I had also stated that the annual christmas shindig could also be claimed for - not sure if this is still true though Might be worth having a look through the 'Self employed' forum (http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?368-Self-Employment-Subforums) Good luck which ever you decide HTH G
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Hi Tenant87, This may well get better results if posted in the Baliffs forum In the meantime get onto the council and let them know, AFAIK, your sister should be classed as vulnerable and also what Liability Orders are current, how many, when issued and when passed to baliffs. Also e-mail, or write, to baliffs and request a full breakdown of the fees, dates of visits, etc. Have a read at the Baliffs forum for other ideas (see here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers) to SiteTeam - tried to use the 'report' option to request a move and possibly S.O.S TT/WD,etc but system has a 'fault' G
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Claiming charges from Britannia Building Society
gerson replied to gerson's topic in Cooperative Bank
Update, Now have a FOS reference number and they are requesting information from Co-Op (who now own BBS) G -
A simple Google search for 'Personal bankruptcy Netherlands' will bring up several firms that the OP can contact directly For example: http://www.kernkamp.nl/en/services/company-and-corporate-law/netherlands-bankruptcy-law/ I am not promoting this company nor vouching for their ability, this was one of the hits from Google - feel free to remove this link if against CAG rules G
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Tenant laws of England
gerson replied to gerson's topic in Residential and Commercial lettings/Freehold issues
Hi HB, Thanks, I have printed some off - along with one from Shelter Be sad to see him go but he wants to return to Blighty - God knows why???? G -
Hi, Try looking here: http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=3&cad=rja&sqi=2&ved=0CDoQFjAC&url=http%3A%2F%2Fwww.insol-europe.org%2Fdownload%2Ffile%2F827&ei=6wH6Uu2pE8bAtAbQlIDwCQ&usg=AFQjCNGYbHXK7cMy_0We9GlVMb-EPjatuA Or the EXPAT forums, this one for example http://community.expatica.com/forums/topic/18289 Good luck and I hope all ends well for you G
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Hi fellow CAGgers, My son is intending to return to England in the near future (about 2 months hence) after several years outside the UK He will obviously need to rent an apartment and get a job (hopefully) What changes should he be aware of in relation to tenancy agreements, e.g. fees payable outwith the rent, TD schemes, etc. There will probably be an issue over credit checks - how best to approch these? Thanks for any pointers given G
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Update: Cheque received for the premiums paid ONLY - no interest given (not even 8%) G
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Claiming charges from Britannia Building Society
gerson replied to gerson's topic in Cooperative Bank
Hi BAE, Passed to the FOS to review - if this fails then it will be to court G -
Hi DX, If I use the StatInt (PPI _ FOS rules) sheet (single premiums + 8%) then the figure is very close to the offer made My wife is of the opinion to accept at the moment G
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Claiming charges from Britannia Building Society
gerson replied to gerson's topic in Cooperative Bank
Hi, Britannia Building Society have refused to budge on my claim for various charges, fees, etc. Am now in the process of sending all information to the FOS Is this still the was to go or should I be looking at court (claim would be in excess of 30k) G -
Claiming charges from Britannia Building Society
gerson replied to gerson's topic in Cooperative Bank
Update, BBS have basically said 'go away - FOS have agreed our charges are correct already' So I now Need to give this to FOS/FCA for consideration How do I pass this to the FOS/FCA from outside the UK? G -
Hi DX, Thanks for the quick Response. Problem is that CAP1 did not supply the actual Statements with the SAR so I do not have everything needed for the FOSR sheet - only got a Transaction log G
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Update, CAP1 are refusing to budge on the offer made. I used the CISheet for my calculations - should I have used the FOSRunning instead? If the FOSR sheet then how to complete based on the fact the Card was in use for several years Prior to PPI being added G
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