This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Assuming that all the institutions I plan to deal with will close my accounts, I am concerned that all these closures will affect my credit rating. Suppose I was able to repay the various balances in full, and then closed my accounts with them, THEN started the ball rolling with them. Would this be better for my credit rating than being "foreclosed" albeit with a zero balance? The theory being they can't close an account that's already closed - leaving them with no way of retaliation? Or do they have another trick up their sleeve for this? Has anyone done this or seen the effect of an account closure (either with or without an outstanding balance) on their credit rating? Thanks, Martin

Chanzuk, If you have started your own thread please keep your questions on there. If you haven't started your own thread, please do so. This keeps the forum easier to read and follow. In answer to your question, many people have been told this. The answer is that statements are personal information, and as such £10 is the most any bank can charge. Read the FAQs, fill in a SAR and send it, enclosing a £10 cheque for payment.

Dear all, I have an issue with MBNA. I have read the other threads on the site and came up with this letter which I am planning to send to Steve Bailey, Head of Customer Advocate Office. Could I please ask for comments before I send it? It's largely based on a template I found here. Thanks Ref. MBNA account xxxxxxxxxxxxxxxxx I received a letter from MBNA dated 4th October 2006 regarding the status of the above account. Despite the marked date, this letter was not received until Tuesday 10th October. At the soonest possible opportunity, Wednesday 11th October, I called the number on the letter, and made a debit card payment to bring this account up to date and include next months payment as well. This letter was the first communication from MBNA or any other person regarding the status of the account. Later that evening, I received a phone call at home from person saying they were from a company called GVI. She wanted me to divulge all kinds of personal security information before discussing the purpose of the call. I had no knowledge of GVI and was therefore understandably reluctant to divulge security information over the phone to a complete stranger calling out of the blue. Eventually I gave her just enough information to enable her to tell me that the call was in relation to the above account. I told her that I had paid MBNA directly that afternoon but she was insistent that I make a further payment to her. Eventually I tired of explaining that I had already paid and hung up. I received another call from a similar-sounding person the following evening at around the same time. Again, it was concerning the above account. Again, I told her that the account was paid up to date but she insisted. I told her that this was harassment. This was denied and I was told that the calls would continue until I paid GVI, or MBNA advised GVI that the account was up to date. She then asked for even more personal information – which I consider GVI (as an outside company I have made no agreements with) have no right to. The person asked who my employer was. I said it was no business of hers, and hung up. Thankfully I did not receive a call on Friday evening but on Saturday morning I received a letter from GVI saying that if I did not contact them immediately [my emphasis] then they would begin calling me at home and at work. I called the MBNA helpline and discussed my case on the morning of Saturday 14th October. The person I spoke to was unhelpful, unsympathetic, and in my view, unaware of the legal situation regarding outstanding debts. Your representative said that MBNA or its agents are “entitled to call you every day once you go into arrears”. He also said that you are entitled to call me at work too. This is clearly not the case, and the Citizens Advice Bureaux confirm this in their guidance. Your representative further compounded his lack of understanding by telling me that if I hadn’t gone into arrears I wouldn’t have received the calls! Quite apart from being an insult to my intelligence, I am staggered by the way a large financial institution such as MBNA is so carefree with its legal responsibilities. Suppose you send a collection of large men with baseball bats to extract money from me, will this be my fault too? The ends do not justify the means, and the importance of this point cannot be overstated. GVI called my home again this afternoon and spoke to my wife. My wife told the caller that I was at work, and the caller asked my wife to give me a message which my wife agreed to do. My wife told the caller that I had already paid a week ago and that she couldn’t imagine why GVI were still calling me. Despite being told for the third time that I have paid, despite asking my wife to pass a message, GVI immediately called my mobile phone regardless. I know it was immediately afterwards because my wife tried to call me to pass the message that GVI asked her to pass, but my phone was engaged. I spoke to my wife as soon as that call ended, to discover that they had already called her. It was very embarrassing to be called at work as I work in an office amongst other people. I told this person that all issues with MBNA are resolved and I wanted no further contact with third-party companies and ended the call. This behaviour constitutes harassment; let me state quite clearly to you that I require ALL communications in writing in future. Do not telephone me again - remove any telephone numbers you hold for me from your systems. I fail to understand the business logic of delegating the debt collection to a third party company (who you presumably must pay whether they make a collection or not) and then chasing it yourself anyway. Quite apart from the fact that you are plainly paying another company for something that you are yourselves still undertaking, this is guaranteed to cause confusion and stress. I appear now to be in the situation that GVI are not aware my account is up to date with you despite the fact I made what amounts to a cash payment over a week ago. This situation is either arrived at by incompetence or a ploy to give a seemingly valid reason to harass the debtor into paying one or other of you. I hold MBNA responsible for the actions of its agents and contend that MBNA is vicariously liable for their actions. 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 recorded. Harassment of Debtors is a criminal offence in England and Wales under Section 40 of 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. Any further contact of this kind will result in a formal complaint, containing copies of all correspondence including yours, will be 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. 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. Communicate in writing and ONLY in writing, your telephone calls will NOT be answered. HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES. I trust that I have made myself understood on this matter. I look forward to receiving your response on this matter and your assurance that all future communication will be in writing. Yours faithfully, Me

Sorry - been awol for ages. To cut a long story short, I got nowhere with Mr Chew. He never returned my calls or responded to my letters. He promised to arrange cheques which never came. Eventually in about July or August, I called his manager one Friday to let them know i'd be filing a claim at court on Monday. The manager listened to my tale of woe and agreed i'd been treated appallingly. In the end I got a direct payment into my current account by BACS for £75 - just under twice what I had claimed! Result!

Sorry everyone, just saw "similar threads" and realised I'd not done a search. Thanks, Martin

Hi all. I've been away for a long time, decided it was not the time to start my action after all. I'd like to change my username to something more anonymous. I need some advice on a specific topic, but don't want to post under my name. I can't seem to find a way to change my username, and my cookie settings insist on logging me in under my current name, I can't seem to register as another user. Can anyone please point me in the correct direction? Many thanks, Martin

Hi all. I've been away for a long time, decided it was not the time to start my action after all. I'm getting close now though. I'd like to change my username to something more anonymous. I need some advice on a specific topic, but don't want to post under my name. I can't seem to find a way to change my username, and my cookie settings insist on logging me in under my current name, I can't seem to register as another user. Can anyone please point me in the correct direction? Many thanks, Martin

Well done Dave. Keep us posted to see what happens re your account and if they keep it open or close it. cheers, Martin

I think the key thing would be that it's in the bag, not hidden in their pants or whatever.

Read a few threads on Pepipoo and you will find that many Safety Camera partnerships do NOT adhere to the ACPO guidelines on enforcement of speed limits, in terms of location, methods etc but this makes ZERO difference to the outcome. Many will even badger people into fessing up and voluntarily paying the £60 even when there is no legal right, ie. if the Notice of Intended Prosecution was served outside the 14 day limit or if proceedings have not been initiated within six months of the offence. Why should the authorities be treating mere parking tickets any more seriously? It's a scandal.

Do you mean the Henry case where Natwest won claiming that they were providing a service? With Richard Colbey as his barrister, how the hell did they lose?

I intend to put a plug for CAG on this site too - http://www.pepipoo.com If you or anyone you know has ever been stopped for speeding, then go here first before you fill in ANY of the forms. You might learn enough to keep your licence clean!! Of course not condoning speeding, but motorists have as much as a right to be treated fairly as anyone else!!

Not too much chance of this happening I feel. Definition of theft as per Theft Act 1968: "A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention to permanently deprive them of it." The shop would have to prove dishonesty. The Act doesn't say what "dishonest" is, but does give defences and examples of where honesty can be mistaken for something else. ps This definition of theft is why the term Taking Without Owners Consent (TWOC) had to be invented. The original joyriders (circa 1960s) used to nick a car if they missed the last bus home. No intention to permanently deprive them of it, hence not theft.

I bought a leather 3-piece suite in January 2004. It was not delivered until April 2004, and I was living on my own in that house until July 2004, when my wife and kids moved from another part of the country. So it's really had less than 2 years use. I paid nearly £1400! The 3 seater only has one useable seat, the middle. The others have collapsed and feel like sitting in a bucket in comparison. someone came to the house last weekend, sat in the two seater, and it looks like that's gone as well now! I need to write obviously, but I am assuming a simple SOGA approach, i.e. reasonable quality etc not lasting for a reasonable time etc. Any other suggestions? Thanks, Martin

BF, So if OP gives 14 days in LBA or Prelim, but takes 28 days (say) to go to the next stage, they would lose credibility? With whom? Martin

There is also help for you in the terms of the Unfair Terms in Consumer Contracts Regulations. Download it (look in the library) and have a good look through.

Have you tried contacting them to see if they can help you? You never know? My DC01 was great at picking up Labrador hair.

Just to offset the balance a little, I have had a DC01 vac and a DC04 and both have been great, with no trouble from either. (except an ex-wife who managed to break the handle on the DC01 which is supposed to be unbreakable!!) And certainly better than any other cleaners I have ever had. I recently bought a spare hose for the DC04 over the internet and it arrived within a few days, no trouble, excellent service. No, I don't work for Dyson.

I think you will find that the law only stipulates a "reasonable period" over taking something back. I don't think you could return a sandwich after 29 days saying it doesn't taste right but I'd expect a phone to last that long. (I normally run a phone for 1-2 years) What about manufacturer's warranty?

Surely the major point (which I may have missed someone else covering) is that IF the banks start charging for basic services because the penalty charges have been outlawed, then that is the final nail in the coffin for them legally. This would prove that, year on year, the banks KNOWINGLY made charges for breaches of contract WAY WAY over the actual cost incurred, i.e. not a genuine pre-estimate. Even the banks know that would start an avalanche of claims. It could go back beyond the 6-year threshold too as we could prove it was done in full knowledge (if it was being used to fund free banking). I expect the banks to increase overdraft rates, reduce interest when in credit etc rather than p155ing EVERYONE off to this extent. Of course, if it started with one bank, and all the others followed suit over 5 years or so, then it would become accepted practice. Some people are so lazy they would never change their banks whatever the banks got up to.

Firstly your agreements via verbal and email amount to a contract. Secondly you told him the leaflets were time-sensitive. This is important as you have given the "time is of the essence" warning which is crucial under (I think) SOGAS. Third, SOGAS also provides the requirement for reasonable skill and care. You gave him the opportunity to remedy which he chose not to take. Fourth. If you can provide proof (preferably using one of the ISPs) of the deceit surrounding the email, the court will likely take your side anyway once his integrity is lost. Hope this helps. Martin

Most modern email systems will ask you if you want to send a receipt. This is because Microsoft et al decided that the principle of sending "messages" without the knowledge or consent of the "sender" was a bad thing. It doesn't necessarily mean he hasn't read it. Martin

Yes, I got a VERY HELPFUL letter which although it didn't answer the question, did confirm that charges for unpaid DDs, SOs etc are applied AUTOMATICALLY. I am currently waiting to see if I should add this to my LBA before sending it. It must make a difference to be able to add "By the way, I have written confirmation that these charges are applied automatically and therefore your charges cannot be a genuine pre-estimate of cost." I plan on reporting them to the IC for continued evasion of the question. Martin