Good News All, We have got a judgement off the Ombudsman who have found that Scottish Power have been negligent etc. They have to pay us £30 and send a written apology. I know it isn't going to be enough to retire on but the main thing is we won and SC have got an official blackmark against them. It is Obvious though from the way the Ombudsman phrase their letters that they are loath to upset their friends in the power industry and/or government. When I get the final finding and opology I will send it on to you.

This is the story of how Jim and Sandra packed up smoking. I had smoked since I was about 11 years old (now 64). I stopped smoking but started again when I went out with Sandra. We were 17 and 16 years old and I used to help her get rid of the packet before her mother found out. Anyway, for years we smoked and I was down to 1/2 ounce a day of french 'Disque bleu' rolling tobacco and Sandra was on 20 odd a day. They ran a program at our village surgery. You got 2 weeks patches and then went back to see the nurse and got a second supply etc. Now,here is the things I found out about tobacco when we started the program. Smoking tobaccco is addictive, we know that but what is more addictive is the habit of smoking tobacco. You smoke because your brain is used to you smoking.. have a cup of tea at tea break.. you have a fag... 'fag break' If you go to the pub to have a drink..you have a fag. If you are bored with nothing to do.. you have a fag. So, step one you have to stop all activities that you (or that makes you) associate with having a cigarette. For 2 weeks you have to stop having tea, coffee or any stimulant drink that would normally make you have a fag. This means staying out of the pub (its only two weeks lads, it can be done) or not drinking at home. Eat low spiced food, eat fruit, drink fruit juice, no vindaloo's etc. You have now broken the train of thought that is the stimulus for smoking. Patches help you get over the nicotine but the real addiction is the mind that will play all sorts of tricks to make you light up. 'I haven't smoked for a week so one wont hurt will it' Yes, it will. You have to look at a cigarette packet the way a reformed alchoholic looks at a bottle of whisky..as long as it is closed it is harmless. But one more is the first of many. Have a goal in mind, something to aim for, something that will remind you of what a heel you are if you backslide. Does it work? We had a granddaughter on the way and we did not want her to be brought up in a hose full of smoke. We stopped in February and she was born in June 1993. We have not smoked since.

Regarding my above statement about Inspector Knacker, our village version of the Flying Squad has confirmed that if I did to them (Scottish Power) what they have done to us, we would indeed be down at the nick for a heart -to- heart. This is now in the hands of The Energy Ombudsman.

Thanks for the info folks. Most useful JIm

Any Help available. Experts??

Lloyds have sent me an enforcement notice under S. 76(1) of CCA 1974 for both Overdraft and penalty charges. Does this open up any pathways to attack them under say, Unfair terms and conditions etc. Any ideas?

The salt in your dishwasher has nothing to do with your pots. It recharges the compound (water softener) that removes certain undesolvables from the water, i.e magnesium salts etc. All this garbage about tablets with salt in etc is so much guff. So instead of shelling out for manufactiurers salt or special tablets, I buy the cheapest 'Value' brand at about 27p per kg. I used to work on industrial boilers and we used cooking salt there

If you buy store herbs such as Parsley, Basil, Chives, Sage and Thyme, these will grow quite happily in the kitchen. Just re-pot them and they will grow on all Summer. Transplant outside and they will establish themselves, saving you rebuying. Grow Peppers and Chillies indoors if possible. If they don't keep, like Basil, Coriander etc, blanch the leaves before freezing. It stops them going yellow. Save the seed heads before you do anything with them. Once You have bought herbs there is very little reason to buy them again. Even if you have to nick cuttings off your friends.

Thanks for that folks. It's interesting to note that Lloyds do not add charges to their cards anymore but Barclaycard do. Can you tell me though what is the basis for the charges not being legal. I got lost in the threads. Regards, Jim

Sorry to be a dumbo, but what exactly is the state of the playing field now. Unfortunately,illhealth has meant that I have not been able to keep up with things, this CAG especially. Bank charges are under review, I know but what is the situation with Credit Card charges? Are they now legal or can they be challenged? Not past ones, I mean but the present day to day charges. I have heard so many things from so many places that I don't know whether to take the card company to task over them or just to pay up, shut up and take my tablets again. Thanks Jim

I am sure that if I set up a direct debit and took money out of SC's bank account, I would soon have a visit form Inspector Knacker of the Yard. Even the bank seesit as illegal. But will let you know what happens as they have not replied so far. Have sent off another 7 day letter

Scottish Power set up their own Direct Debit to replace one that we had cancelled and took £88.20 from the account. We were leaving Scottish Power and had cancelled our debit when it became time for the new company to take over. When challenged, Scottish Power said that it was the fault of the bank for not cancelling the Direct Debit as instructed and therefore it had been paid as normal. Strangely enough, the original debit was for £169 and not £88.20. Secondly, the two reference numbers were different, ie, two seperate debits. The bank has checked and stated that the second debit was set up after the first debit was cancelled. The Bank returned the money under the DD Guarantee scheme. So.. I have written to Scottish Power to complain and have given them 14 days to address the problem which I see as illegal action on their behalf. I have just written another letter giving them a further 7 days. I have already contacted the Energy Ombudsman who said that I must give them 14 days before they can step in. Oh, by the way, Scottish Power have have charged me £50 (£30 electric and £20 Gas) for leaving the cap system for a matter of a couple of weeks. This should run and run but any advice would be welcome. Full ahead and damn the torpedoes!!

My favorite trick is to drag it out by explaining my previous actions in relation to to their case. I have issues with them that they will not deal with such as charges on accounts and their hidden codes, how I have been talked to by their trained chimps etc. because if the phone call is recorded 'for training purposes' then my demands are also recorded. This infuriates them because they are on a time limit per call.They fail to deal with me by simply throwing the case to another debt collector. I wandering round the house rattling things. Say 'I can't hear you' in one case because of the radio. 'Then why don't you turn it down? 'Hey, that's a good idea. However, I do agree about the transmission of personal details over the phone. When I complained about my unlisted number being given out I was told that we can share it with who we like. Therefore, if I refuse to give info on the grounds that they have proved that confidentiality does not exist, they can't give it out. I must try harder though and take it up a notch.

Don't know if this is the right place but I am having a sparring session with Halifax over Bank charges, I am telling them that if they want to take me to court over missed payments, due to hospital stays etc., I will be claiming charges and interest from them. Its all good fun really but now Halifax has sent me a letter me to say that it's charges are a 'pre-estimate' of what it costs them but the latest is actually claiming that: 'although they (the OFT) believe that Current Account charges should be no higher than £12 there has not been any legislation passed which would compel us to reduce these at this time'. Which appears to me that Halifax is making out that the OFT has sanctioned the charges. I will send copies (or scans, send me an address) of the correspondence as the previous one actually admitted that they were penalty charges. I intend to write back and send them a copy of the OFT report in case this particular lady has not been given one by her bosses. This tactic of Halifax may be a common one across the banking industry and I thought it might be of general interest and not just a Halifax forum one. By the way, I phoned them before I went into hospital to let them know, but the bank oik on the phone afterwards actually told me that they were that even so they were applying charges as it was my fault that I had major surgery and it was no excuse. Regards,

I don't see why they should need you to send them something that is in their possession? I would tell them that if they require you to perform this service, it does not come free. You are not liable under the DPA so a cost of £5 per sheet (fax costs etc) is not unreasonable. Alternatively, send them a list of sheet numbers and tell them to get on with it

Have you noticed that Barclays have now sent out a leaflet advising us mugs how to avoid bank charges (penalties). And they are still charging £12.00 for late payments. Should we all write to them (not phone) and tell them that we cannot find the statement that bank penalties are illegal. Maybe the OFT may find their leaflet illuminating.

01254 302302 For some reason SC stared sending statements out with this number on it instead of the 0870 6022332. The Baron

I noticed that my wife had two late payment debits on her Studio Card account. So, I phoned them and got the usual crap off the operator who talked to me as if I was something nasty on the sole of her shoe. So, I sent them a polite letter on the lines of the first request template requesting all acount details for 6years and a full repayment of charges and interest. It took a while and I was just about to blast off a more less-polite version when I had a letter saying as follows:- Dear Mrs Baronstoneybroke Thank you for your recent letter which has been forwarded for my attention. Statements are issued every 28 days advising you of the minimum payment and the payment due date. Should your payment reach us after the due date, your account will fall into arrears and incur an administration charge. In light of the recent OFT investigation we are currently reviewing our administration charges. However, until this review is complete our normal trading terms apply. However, not withstanding this, as a gesture of goodwill and without prejudice, I have removed the administration charges from your account. Our records reflect that administration charges have been added to your account to the value of £139.30 and that your balance is £227.22. Therefore, your balance is £87.92 In order to avoid future administration charges please ensure that the minimum payment is made by the due date. If for reason you are unable to do this I would suggest you contact us, so that we can attempt to make arrangements to accommodate this and avoid the need to apply an administration charge to your account. Assuring you of our best attention at all times. ---.-.-_ Yours sincerely Customer Care Department Once the remainder is paid off they can stick their account where the sun don't shine. So, the moral of this story is 'Go for it cos they are going to lose, not you.' I will make this a seperate thread but their direct line number is 01254 302302 not the 0870 number they publish The Baron

If the money is right more or less to within 6 years of your claim, take it. You can claim but if it is negligible, what the hell?

OK> I have had a claim against Lloyds which was settled with all the usual b****cks of privacy etc. However, as the claim was being discussed for settlement at the usual last minute as is Lloyds custom they proposed to pay it into the account with a further £270 in charges that had acumulated and a further £30 being in the pipeline. I told their solicitor to pay into another account to avoid further litigation. They would in fact have had to sue me for their charges. However they would not budge on this point and their solicitor said to sort it out post-case. On being approached I was met with a blank refusal. I sent them a letter again and received another refusal. So I have started action for £300 on the grounds that Lloyds have not kept their word. I have received this new approach from their solicitors (not those of the first case) as follows:- Defence 1. The Defendant will object that the Particulars of Claim in this action disclose no reasonable cause of action against the Defendant and makes no allegation against the Defendant as to why the Defendant should be liable to the Claimant. 2. The Defendant are Bankers carrying on business at their Hereford branch and elsewhere and whose registered office is 25 Gresham Street, London, EC2V 7HN. 3. No admissions are made as to the Particulars of Claim. 5. As the Particulars of Claim generally, the losses are inadequately particularised. The Defendant is unable to admit or deny any losses allegedly suffered by the Claimant, but denies that such losses were caused by any actionable wrongdoing on the part of the Defendant. Further or alternatively, the losses claimed are too remote to be recoverable. 6. In the premises the Defendant denies that they are as alleged in the Particulars of Claim liable to the Claimant for the sums claimed. 7. The Defendant requires the Claimant to be put to strict proof of his claim. 8. Save as is herein expressly admitted or not admitted the Defendant denies each and every allegation in the Statement of Claim as if the same were set out herein and separately traversed. (note that there is no para. 4) I have read the thread re. 'the losses are inadequately particularised' but this is slightly different as I am complaining out of a previous case. I have my letters to the Bank and their refusals. I have copies of my emails to Martineau Johnson but their replies were by phone. However you can see the general drift of the conversation by reading the stuff I have. Basically, how should I play it? reply to the AQ as per the thread and point out that they refused twice to talk to me and should they decide to talk then I have copies of correspondence to hand. that they are aware of the grounds of the claim as it refers to a claim that was in hand at the time this money was taken and if the Bank has failed to instruct the solicitors of this then that is their fault (and responsibility) and not mine. That all solicitors and bankers should be drowned at birth ( sorry, I know I cannot add that but I had to get it off my chest) And anything else you can think of.

Looks like I will have to get it done this weekend. Has to be in by the tenth.

bump

OK> I have had a claim against Lloyds which was settled with all the usual b****cks of privacy etc. However, as the claim was being discussed for settlement at the usual last minute as is Lloyds custom they proposed to pay it into the account with a further £270 in charges that had acumulated and a further £30 being in the pipeline. I told their solicitor to pay into another account to avoid further litigation. They would in fact have had to sue me for their charges. However they would not budge on this point and their solicitor said to sort it out post-case. On being approached I was met with a blank refusal. I sent them a letter again and received another refusal. So I have started action for £300 on the grounds that Lloyds have not kept their word. I have received this new approach from their solicitors (not those of the first case) as follows:- Defence 1. The Defendant will object that the Particulars of Claim in this action disclose no reasonable cause of action against the Defendant and makes no allegation against the Defendant as to why the Defendant should be liable to the Claimant. 2. The Defendant are Bankers carrying on business at their Hereford branch and elsewhere and whose registered office is 25 Gresham Street, London, EC2V 7HN. 3. No admissions are made as to the Particulars of Claim. 5. As the Particulars of Claim generally, the losses are inadequately particularised. The Defendant is unable to admit or deny any losses allegedly suffered by the Claimant, but denies that such losses were caused by any actionable wrongdoing on the part of the Defendant. Further or alternatively, the losses claimed are too remote to be recoverable. 6. In the premises the Defendant denies that they are as alleged in the Particulars of Claim liable to the Claimant for the sums claimed. 7. The Defendant requires the Claimant to be put to strict proof of his claim. 8. Save as is herein expressly admitted or not admitted the Defendant denies each and every allegation in the Statement of Claim as if the same were set out herein and separately traversed. (note that there is no para. 4) I have read the thread re. 'the losses are inadequately particularised' but this is slightly different as I am complaining out of a previous case. I have my letters to the Bank and their refusals. I have copies of my emails to Martineau Johnson but their replies were by phone. However you can see the general drift of the conversation by reading the stuff I have. Basically, how should I play it? reply to the AQ as per the thread and point out that they refused twice to talk to me and should they decide to talk then I have copies of correspondence to hand. that they are aware of the grounds of the claim as it refers to a claim that was in hand at the time this money was taken and if the Bank has failed to insruct the solicitors of this then that is their fault (and responsibility) and not mine. That all solicitors and bankers should be drowned at birth ( sorry, I know I cannot add that but I had to get it off my chest) And anything else you can think of.

But even the moneysavingexpert will teel you that the Daily MAil is cheaper than toilet paper.

Surely, informing the insurance of a change of address is a legal requirement. Therfore it is a requirement that documents be up to date