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sam_wi
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12 Aug 2011, 5:44 pm

I am about to make a complaint about high-pressure sales against a certain financial institution who "mis-sold" to me (this however, has nothing to do with PPI).
Basicly I told them I didn't want it, they offered an "incentive", some rather inaccurate details and then screwed me over. I do believe that my Aspergers had a huge part to play in why it all went wrong because 1) I am overly susceptible to high pressure sales cos I have no idea how to deal with these people, and I usually do so by signing on the dotted line to get the f*** out of there, knowing full well I will be envoking the cooling off period clause, and 2) I cope particularly badly with people taking over control of things I don't want them to. Oh and by the way, there was no cooling off period (even though I was told there would be) and the first I know is that money is being moved around before I have even received written confirmation.


SO.....on to the question.....I will be seeking 'good will' compensation (provisionally agreed, although figures to be discussed) - I will not be taking it to court - but do I mention the AS?
- on the one hand I don't want to give them a 'get out' clause by revealing a 'pre-existing' condition that influenced the severity of the problem.
- or on the other hand, should they have been more careful and sympathetic towards me, and failed because they did not take account of my personality traits.


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Fnord
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12 Aug 2011, 5:47 pm

1. Get all your paperwork in order.

2. Take your paperwork to a reliable solicitor.

3. Pay that solicitor to represent your case to the magistrate.

4. Wait patiently as the years drag by.


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cdfox7
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18 Aug 2011, 6:21 am

sam_wi I suggest that you get some advice from your local Citizens Advice Bureaux and/or local council's trade and standards dept. They will talk to you about many options of selting this dispute that you have without taking legal action.

Fnord magistrate courts in England and Wales only deal with criminal law, this is a matter of civil law.
If legal action is to be taken it would end up in the county court or the small claims court in which district judges hear those cases of civil law. In most civil cases a solicitor is not need as you can self rep. or have a paralegal do it, plus depending on the case it would take less that a few month up to a year for it to be hear in court. Both Scotland and Northern Ireland have different civil legal systems, I only have knowledge of the civil system in England and Wales.

EditIf the financial institution has broken financial and/or consumer protection laws then in addition the issue of a civil case, criminal action might be taking against that organization. Most of the time its a public consumer protection body that files the criminal action.



Knifey
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27 Aug 2011, 8:36 am

sam_wi wrote:
SO.....on to the question.....I will be seeking 'good will' compensation (provisionally agreed, although figures to be discussed) - I will not be taking it to court - but do I mention the AS?

This is so insufficient information I don't know where to start. What did you buy? How did you pay for it? How long ago? I have a lot of experience... maybe... if i know what your situation actually is.


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sam_wi
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27 Aug 2011, 4:29 pm

Firstly, I do appreciate replies, but I am going to reiterate the most important thing I wrote above:

THIS IS NOT ABOUT LEGAL ACTION - I have agreed to accept a 'goodwill' payment from a banks customer complaints department - after turning down the branch managers offer of £50. I understand there are statutory limits to what they can pay out in these circumstances, and as such, they themselves have suggested I make a series of complaints and they will pay their "standard complaints tariff" for each complaint. I essentially have about 8-10 different complaints - that all come from being told the same incorrect information. They have also agreed to refund the demonstrable costs associated with the complaint (eg, phone calls, bank charges and late fees).

I was missold a financial product [handling of automated payments - because I was made to feel "old fashioned" for wanting to make manual payments, which is what I like because I have control over them...because I have AS]. The bank have accepted "liability" for not properly training the employee who sold it, and accept that I was not properly informed of exactly what would happen. I already have all this in writing. I aim/expect to get a small "good will payment" for each payment they took under this missold automation agreement. The incident in question happened on 23 April, and I know I am running out of time to complete the complaint - but they have accepted that part of the problem is that I got very stressed and was not able to respond quickly.

What I am struggling with is, in particular how I word a further complaint that says they basicly screwed my life up for about 3 weeks whilst I was trying to sort out the financial mess of money being taken from the wrong place at the wrong time - and money being taken for what I had actually agreed to in principle, but only because I was told incorrectly that it could not happen like it did.

I don't really care about a financial payout, I am more interested in having the bank accept that "hard sale" tactics in branch, when someone goes in to do something completely unrelated are unacceptable. And that they disadvantage the vunerable. (of which I include myself)

I have a medical report that says I was hospitalised for suffering stress, due to financial worries, to which this complaint relates, but it does not mention AS. What I was asking was, should I bother to mention AS? So far it has not been mentioned - but I know in my heart that AS is the only real reason that I have any real "claim" for being missold. For anyone else it would have been a minor screw up that a couple of phone calls would have sorted.

Let me reiterate this is not a LEGAL issue, more of a MORAL one.


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Knifey
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28 Aug 2011, 7:07 am

why are you refusing to answer my simple questions?

yes mention the A.S.

I say yes because they need to realise not everybody is a perfectly health NT. they need to know that when they "push" people, it could be abuse.


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