Ding-Ding Round 2 Enaids lad

[enaid]

Re: Ding-Ding Round 2 Enaids lad

Aah OK. Probably a different company then. Bloody confusing though LOL

We are not meant to understand the goings on in the Banking and Loans industry are we?
If we did, we probably wouldn't be on here today

[enaid]

Re: Ding-Ding Round 2 Enaids lad

And the very best of luck to you too Jester, hope you get the job your after very soon and all goes well for you Enaid xx

[enaid]

Re: Ding-Ding Round 2 Enaids lad

Ok this needs sorting and I am clueless at the mo.

January this year sent prelim asking for return of charges, they totalled £506 which covered the offending OD by £6. Got the standard letter stating the complaint was registered.
CCCS arranged to pay Natwest £6.09 per month from Jan, this has never been missed.

March received a letter saying they could not pay a DD, not surprising as no money had gone into the account since December and wasn't likely to be.

May notice of intention to file a default and take action to recover debt, from collections dpt.

May Letter from TDM, refferred to us by Natwest we will now be collecting the debt basically. Debt now £764.81.

June Letter updating OFT news, form Natwest saying can go to FOS with complaint.

June Back to Natwest now with a letter if satisfactory arrangements are not made to pay this debt, they will file a default.
June Letter sent to Natwest that Ame did for me a debt in dispute letter it is on post 21 on here.

August received letter from Natwest, saying proposed payments are not enough. They are transferring this matter to Credit Management Services.

August Letter from Credit Management Services we are instructed to collect the sum of £904.10
August the lad rang these people and agreed over the phone that an amount of £6 per month was acceptable through CCCs.
A letter arrived this week to confirm this through Triton Credit Services.
Two days later a letter from Triton post date same as confirmation letter saying they now want £911.47
So that's how far we are up to now.

They have been charging the £28 mintenance every month and adding interest even after the account in dispute letter and and acknowledgement the claim has been registered.
So now I feel as I must get this sorted, do I put in another claim with all the other charges etc on, or do I add them to the other claim stating the ref number they have given me?

Thanks Enaid x

[Amy]

Re: Ding-Ding Round 2 Enaids lad

These DCA's that are trying to collect this debt, have you sent them the CCA letter?

[enaid]

Re: Ding-Ding Round 2 Enaids lad

These DCA's that are trying to collect this debt, have you sent them the CCA letter?

I didn't think you actually signed a credit agreement for an OD, am I wrong?

[Amy]

Re: Ding-Ding Round 2 Enaids lad

Overdrafts are covered by the CCA 1974, although the lack of one will not make the debt unenforceable.

This is a DCA you are dealing with here and they are plebs so you need to play them at their own game.

[Paule]

Re: Ding-Ding Round 2 Enaids lad

Triton is owned by RBS for info

[enaid]

Re: Ding-Ding Round 2 Enaids lad

Dear Sirs,

Account Number(s): xxxxxxxxx



I write this letter as you have failed to respond positively to my previous letter dated xx/xx/xx.

Further to recent publicity, and the Office of Fair Trading`s report dated 5th April 2006, I am aware that the penalty charges you have been applying to my account over the past XX years are unlawful. These charges have been levied on my account following breaches of contract by myself, returned direct debits for example. If you contest these are penalty charges, please supply me with a copy of the terms and conditions from the time my account was opened. As disproportionate penalty charges, I also request that you provide me with a full breakdown of the costs you have incurred as a result of my breaches, in order to show the level of charge reflects your actual losses.


I calculate that you have taken £XXXXX from my account between XX/XX/XXXX and XX/XX/XXXX. I enclose a schedule of the charges which I am claiming.

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you have applied unlawfully to my account.

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.(delete if no default)
I require repayment in full of this money (and removal of the default notice). If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under s.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

I also wish to bring to your attention that for the last nine months I have been under severe financial hardship. Firsty suffering depression, being unable to work and being only in receipt of incapacity benefit.
Then losing my employment for personal reasons and only being in receipt of JSA.
I therefore consider I fall within almost all of the catagories listed for being in financial hardship. I also consider that you have failed to follow the guidelnes laid down by the FSA waiver in dealing with my account on almost all of the listed reasons for doing so.
I did also follow your advice as to how to deal with my financial hardship and from January this year started a DMP with CCCS, it has taken you up until last month to accept this.
As you are still adding £28 plus interest to this account and accepting £6.09 per month on the payment plan it hardly seem a very fair way to resolve my debt problem with you, in my humble opinion.

I have inserted the relevant information from the FSA here.



Originally Posted by FSA Waiver
15.
When dealing with complainants in financial difficulty, the firm should consider the following steps in respect of the period during which they are assessed as being in financial difficulty:
(a)
the firm might waive future unauthorised overdraft charges; and
(b)
the firm might not enforce debts against complainants in financial difficulty to the extent that these debts are made up of unauthorised overdraft charges.
16.
Before closing a personal current account of a customer in financial difficulty, the firm might offer the customer a basic bank account, if this is a facility that the bank offers.

2.
In making an assessment of financial difficulty the firm will take into account:
a.
evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;
b.
evidence of the following events:
i.
items repeatedly being returned unpaid due to lack of available funds;
ii.
failing to make loan repayments or other commitments;
iii.
discontinuation of regular credits;
iv.
notification of some form of insolvency or court proceedings;
v.
regular requests for increased borrowing or repeated rescheduling of debts;
vi.
making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
vii.
repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).

I am therefore asking that as stated above the amount be returned, the default removed and the account then closed.


Yours you naughty people
Enaids lad x

[TUTTSI]

Re: Ding-Ding Round 2 Enaids lad

Well done Enaid, why should they get away with it.

xx

[enaid]

Re: Ding-Ding Round 2 Enaids lad

Am awaiting some help with the letter Tuts, I am aware of my limitations

[Amethyst]

Re: Ding-Ding Round 2 Enaids lad

Natwest are tough cookies with regards hardship .

I also wish to bring to your attention that for the last nine months I have been under severe financial hardship. Firsty suffering depression, from when ? and is this the reason he is unable to work...is this certificated ? being unable to work and being only in receipt of incapacity benefit. you are in receipt of ONLY IB but then you say ONLY in receipt of JSA.
Then losing my employment for personal reasons from the previous sentence that would have to be the depression ? and when did he lose job ? and only being in receipt of JSA.
I therefore consider I fall within almost all of the catagories listed for being in financial hardship. I also consider that you have failed to follow the guidelnes laid down by the FSA waiver in dealing with my account on almost all of the listed reasons for doing so.
I did also follow your advice as to how to deal with my financial hardship and from January this year started a DMP with CCCS, List the debts or at least the total of - Within the DMP I offered XXXXX to Natwest for XXXXXXXXXX loan etc - they look mainly for arrears on rent/mortgage and council tax/utilities so pick out anything like that - also anything close to court proceedings/bailiffs it has taken you up until last month to accept this.
As you are still adding £28 plus interest to this account and accepting £6.09 per month on the payment plan it hardly seem a very fair way to resolve my debt problem with you, in my humble opinion.

Need to expand some more on it before worrying about grammar and rewording stuff etc. Also say you are enclosing a copy of the CCCS DMP IE sheet.

[WendyB]

Re: Ding-Ding Round 2 Enaids lad

That letter is brill Di - have you been taking lessons from Amy lol. Just need to expand on the bits Ame's mentioned. I presume your lad was "sick" for xxx amount of time, which was why he was only receiving incapacity benefit, then went back to work, then left work but wasn't sick, which was why he was only recieving JSA? That's why there's two "only's" - they were separate "only's" and not at the same time (which is why Ame is querying it, cos if there was two at the same time they wouldn't have been an "only" would they/)

And on that confusing note, I will shut up and go back to the naughty corner.......

[Budgie]

Re: Ding-Ding Round 2 Enaids lad

A good start Enaid.

I agree the comments made by Ame.

Also you dont need to include all the waiver guidelines stuff, they are fully aware of those and you actually state that you meet most of those criteria anyway.

Concentrate on the point made in red by Ame and more clearly explain the hardship angle perhaps by adding some more anecdotal evidence as to his harship situation. I think Wendy has got the sitiation right regarding the benefits, you just need to more clearly explain the situation about that side of things in your letter.



And I do wish people would drop all this stuff about grammar and spelling etc etc.
Anyone can use spell checker !
I actually believe that creating letters which are all perfectly correct and exact is not the best way forward. They are not true to life and there is a danger that we just progress towards a templated letter style of approach similar to that adopted by other sites and indeed similar to the Banks.

[WendyB]

Re: Ding-Ding Round 2 Enaids lad

A good start Enaid.

And I do wish people would drop all this stuff about grammar and spelling etc etc.
Anyone can use spell checker !
I actually believe that creating letters which are all perfectly correct and exact is not the best way forward. They are not true to life and there is a danger that we just progress towards a templated letter style of approach similar to that adopted by other sites and indeed similar to the Banks.

I think you're probably right on this Budgie. As you say, anyone can use a spellchecker. As for the grammar, well that's just a matter of opinion I suppose. To be honest, half the people who are in receipt of these letters are probably numpties who wouldn't understand the finer points of grammmar if it jumped up and bit them on the bum, so does correct grammar really make a difference? Grammar is one of those things you either get or you don't. And we definitely don't want to be in a templated situation where everyone's letters are the same, that's just depersonalising. just guidelines needed, with each letter being personalised to fit the writers own circumstances.

I never had a real Beagle, but I bet if I did it wouldn't speak proper English like wot we do!!!!

[Amy]

Re: Ding-Ding Round 2 Enaids lad

And I do wish people would drop all this stuff about grammar and spelling etc etc.
Anyone can use spell checker !
I actually believe that creating letters which are all perfectly correct and exact is not the best way forward. They are not true to life and there is a danger that we just progress towards a templated letter style of approach similar to that adopted by other sites and indeed similar to the Banks.

I wish people would stop thinking spelling and grammar is unimportant, it is quite the opposite.

If a letter is sent out with bad grammar and terrible spelling it stands out a mile and I can assure you that everything that I do at work and on LB has been proof read and corrected before being sent or emailed and that is very true to my life. I correct my children if they are wrong and I correct their teachers if they are wrong. If you don't correct children they will grow up not knowing how to spell or write a letter and how will that work when they have to apply for jobs.

Most of the letters that are posted up on LB have been written by the OP, are in their own words and all they need is a little adjusting if they request it. I do not rewrite them so they will never become like template letters unless everyone chooses to send the same letter. For the record I actually posted to this effect in Team, that the letters should not be written for people and that they need to be in their own words.

As for spellcheck, you can lead a horse to water but you cannot make it drink. If people don't know the correct spelling of a word they probably won't correct it.