see link one below

 

 

spreadsheet

fos questionnaire

 

 

and a covering letter

 

 

then off to time head office they go.

 

 

dx

Thank you very much for that. I shall try to put the spreadsheet together tomorrow and write a covering letter. I'll update when I have posted.

I just rang fos who confirmed time retail are still in business and to call them. The number I have for them no longer works so am trying to find another. Fos also said to contact ffcs if no joy direct from time.

How do I do this please?

Yes you can I have just claimed PPI back from a mortgage I had in 1988 till 1995

Thanks for replying. That is very encouraging however comet who I got the finance was have now gone bust! Not sure if time retail went the same way?

Used this site a few years ago and had tremendous success reclaiming my bank charges however

now I want to try to reclaim ppi from a time retail account that is 13 years old.

I have all the statements but am getting mixed messages on whether I can proceed.

Advice gratefully received.

I haven't spent more than neccessary on clothing But I do always ensure my girls have everything they need. and as for leisure, the only thing I can remember is taking the kids to an AM (cheapest) cinema showing. Im going to have a proper look thru the statements now. Yes it's definately a tailored response.

how is best of proceed from here? Thank you

I have the letter. Here are some bits of it:

'your claim has been assessed in conjunction with cfs guidelines.'i regret your claim has not been accepted.

The reason is your statements show higher than expected expenditure to various clothing retailers, leisure and entertainment as well as non essential household goods and services.

The amounts seen are higher than cfs guidelines based on a family of your size and are not indicative of someone in financial difficulty or deemed essential expenditure.' your statements show you had financial commitment to debt repay.

Whilst u generally maintained your payments to your creditors these were at the detriment of your current account. Payments continued to be presented despite the income being paid in being insufficient to cover them and your other expenditure , some of which were higher than cfs guidelines would reccomend.

"' whist we recognise your personal circumstances and recognise your facing financial difficulty, your difficulties have not been caused or compounded by the actions of Barclays.'

'you may consider this letter to be our final response.'

Hi Slick don't like long processes so will follow your suggestion and take it to court. Was very hopeful after I put together my letter and very disappointed at their first decision. However I know from my last claims (back when claims were easier to do) that their first decision often changes. Thanks again to both of you for your support and advice

When you get the letter, it should say it's their 'final answer', if it doesn't, send another letter, tell them why your suffering 'Hardship'. It will cost them £500 if the FOS have to look into the matter.

I detailed the 'hardship' in the letter that led to the review. I

I put all the facts, dates, concequences ie ccj's and final outcome ie struggling to pay for food etc. I think she said she had enclosed leaflets about managing debt.

Don't give up.

 

http://www.itv.com/daybreak/money/martinlewissection/bankcharges/

Thank you for your encouragement. Ombudsman looks like the next route, will wait till I get the letter. Thanks again

I just had call from Barclays saying they have reviewed my case and won't be refunding the charges. I was called by the quietest woman ever and despite telling her how faint she sounded and asking her to repeat everything I failed to hear much of what she said apart from they won't be refunding me. She is sending a letter so hopefully that will shed more light.

Hi Sarah,

 

The relevant phrase is now "Financial Difficulty"

 

You won't be seeking interest on top of the charges as you are asking them to consider your position in accordance with the banks Lending Code.

 

See here for an Article on the subject - http://www.consumeractiongroup.co.uk/forum/content.php?557-Letter-for-an-application-for-consideration-for-hardship

 

Thankyou for replying. I'll let u know how it progresses

Its happened again! Too many charges on my account need to try and reclaim. Aware of the hardship clause and I do qualify. It's been a few years since I last done this abd this site has really changed, can't seem to find the info I'm after.

I have statements so just need to compile the list of charges. I used a spread sheet last time which calculated interest, can I still use this or is there something more up to date? Thanks on advance for any help

I would strongly argue the point over the levy they have made as to its validity.

 

A levy can be made on goods which when sold at auction would:

a - pay the Bailiff costs

b - pay the removal costs

c - pay the auction costs

d - pay the Auctioneers costs

e - pay a proportion off the original debt

 

In my view the items you have listed - and I mean to cause no offence here - No offensive taken- i agree with you have next to no value if sold at auction and would not even cover the removal costs let alone any of the others. I would therefore put it to the Bailiff and his Company that a levy was made only to get an extra fee for himself and his Company. If it were me then I would be aggrieved by the levy and ask for the charges to be removed. i will draft something stating this

 

PT

Can't say it enough but thanks for all your help

thanks for making it readable

Have recieved an email reply from Rossendales - here it is:::

Dear Mrs. ,

Thank you for your email.

We are not obligated to provide you a computer screen shot of your account as information that is not relevant to your account would also be displayed.

A statement of your account has been issued to you which is produced directly upon the information contained on your account. This will include the original debt balance, all fees incurred and any payments you made.

Bailiffs visits occurred on the following dates and times:-

15th January 2010 at 11:20

22nd January 2010 at 14:50

8th July 2010 at 10:20

The first two visits were the statutory visits by the first call bailiff, xxx, who attended in attempt to secure a levy on your goods. As he was unable to secure a levy the visits were deemed abortive and the statutory visit charges applied.

Following the second visit we granted you a repayment arrangement which defaulted for a second time due to late payment in April and absence of payment during May. Your account was then issued to the van bailiff, xxx, to enforce the Magistrates Liability Order in the absence of full payment. Ms xxx secured a levy on your goods on 8th July which incurred the charge for doing such along with a charge for her attendance to enforce if payment wasn’t met.

xxx was last certificated at Burnley Combined Court on 13.7.2009 and xxx last certificated at Burnley Combined Court on 2.11.2009.

Certificates are valid for two years from date of issue.

Yours sincerely,

xxx

Customer Correspondence and Welfare Officer

So they state that they are not obligated to provide a computer screen shot of my account- Doesn't sound right? What should i do next? Thanks everyone for advice

Sarah,

 

You have said that the bailiff left a Notice of Distress. Did the bailiff gain entry into your home to do or did he look through the window. You husband should know. Finally, who signed the form?

My husband opened the door thinking it was the postman- he also had our crying baby in his arms and it panicked him. he made him stand on the doorstep until my mother arrived. She then told them to come in as she didnt want the neighbours to see them. I would not have let them in. The notice of distress is signed but the signature is not legible. Thanks TT and PT

thanks so much- will send this letter and let you know what happens x:)

Even though the debt is now paid you can still ask lots of questions of the wrongs and rights of what happened - and you have 6 years to claim back any monies you have overpaid.

 

TT makes a valid point about the pressure that is applied and like you it works in a lot of cases. In theory no they shouldn't have been allowed to do it and if pressurised would probably have backed off.

 

Now its all paid you can sit back at leisure and find out if what you were charges was excessive and if so with help from here you can claim back any overpayment. To do this you need to go back to the beginning and examine any paperwork you have or were given.

 

1 - the total you owed on the Liability Order - did you know how much this was or did the Bailiff just give you a figure.

2 - the Bailiff - how many times did he visit, did he levy/seize any goods - if so what, did he leave any paperwork detailing charges. Did you get receipts from him for the monies paid.

 

This is a start and there is a letter you can send them asking for a Breakdown of their fees if needed.

 

PT

Thanks for replying.

I dont know exactly how much was owing and i dont have a copy of the liability order. I only have the paperwork they left after last week. as i said i didnt see them as i was at the surgery at the time but apparently they had a list of times they had phoned my house and got no answer- however i have an answering machine and never had any messages left from them. They did not leave this list.

They did leave a notice of distress and had filled out an inventory which listed my ancient tv, my pc and my falling apart sideboard (my husband was not aware they had done this). It has a walking posssession agreement at the bottom which lists:

client debt and costs outstanding £163.70

second visit fee £28.00

Van attendance £110.00

TOTAL £301.70

We did get a receipt for the money paid and the balance is now at nil. As i said my Mum can not afford this so if i can recoup any money back for her it would be great.

Do i have a leg to stand on? What do you think i should do next?

Thanks again

Sarah

Hi,

we defaulted on our council tax which lead to them passing the debt to Rossendales their bailiffs. They visited us and i set up an agreement to pay them. I paid all but the last instalment as i was taken very ill, admitted to hospital and bills were the last thing on my mind (i nearly died).

After that my husband was signed off work and put on statutory sick pay due to depression. whilst i was at the doctors last week, he got a knock on the door and 2 bailiffs and van were there saying as i had defaulted on the agreement they were going to take our stuff unless we paid up £503 (the last instalment was £240 and this was plus their charges).

My husband panicked and called my mum who although has money problems of her own, managed to get the money together to pay them off.

My question is that as hes sick and signed off work and as i have been so ill (and am still recovering) should they have been allowed to do this? A friend said that they should not have been but i wondered if anyone with more knowledge could advise.

Thanks in advance

Sarah

:) Great news. Got my cheque yesterday for £650. Donation coming as soon as cheque clears! I'm so glad its done and dusted after the long slog for victory. Thanks Consumer Action Group and especially Steven for all your help and support.

Just Barclays left to go....... :)

i agree Steven, he seems a nice guy. Its good to be able to put a face to the name.

Just came across a pic of Philip Beswick of Salans here http://www.salans.com/Default.aspx?sID=14&cID=453&ctID=36&lID=0 he looks a bit like a younger Ian Beale! ha ha ha!! About time my thread contained some light relief!!

Still no cheque but its early days -will inform when it arrives!

have been calling the court regularly to check progress. Today they have sent to Salans the sealed consent order so they should get it tomorrow or friday and can then raise my cheque. I emailed Philip to let him know too. Hopefully the end is in sight now. Will update when i have the cheque in my hand!