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Copyright (c) 2006-2007 Wendy Reid.

Archive for the ‘Legal Issues’ Category

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A massive victory for all us bank customers who have been charged hefty fees for unauthorised overdrafts is becoming a reality! yesterday a landmark court ruling saw these charges being recognised as unfair which could very well soon see the banks paying out over a staggering ten billion pounds to account holders.

The next stage is for the decision to be taken to the Office of Fair Trading on May 23rd where, if in agreeance with the court ruling, customers who have been charged fees in the past will be in line for a share of the payout. Their fees will be refunded by the banks. If the OFT decide the fees were not unfair the ruling will go back to the high court for a further hearing.

I think we are finally on a winner with this. But in order to be in the queue, which is already quite long, you must get your letters in today or asap in order to get your money refunded. The best way to do this is you are not too clued up is to refer back to my previous post and follwo the links for advice; you will also need to draft a letter for your reclaim and the easiest way to find out how to do this  is to visit here where there are two template letter guides (and plenty of relevant advice) - one for if you are not claiming with interest and one for if you are claiming with interest. Simply open the file of the template letter you wish to use, enter your details in the relevant space, print it out and send it off.

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I cannot believe that there are still so many people who reply to those scam emails - you know the one’s - those that come from PayPal and various individuals purporting to be the son/daughter/heir of a squillionaire Nigerian banker from the Ivory Coast. I mean, just how stupid can you be!

I receive emails from banks I do not even have accounts with asking me to verify my details. And whoever is running that PayPal scam must be onto a good thing somewhere because they still keep coming even though I delete every single one of them; obviously some fools are falling for their please verify your details by following this link line.

We accommodation owners get more than our fair share of them and here is a classic:

I am DR. Robert Maxwell from Kerala Forest Reserch Institue, India. I want to book a 2 double rooms in a hotel/gite/camp for the 4 persons from my Department arriving from my India to yor country for a reserch programmes from July 15-August 31st 2008. Kindly get back to me with your rates and the tol cost for the 4 delegats who woll stay the duration.

Names of Guets

1. DR Robert Maxwell
2. Dr. R.V Varma
3. Dr.Jose Kallarackal
4. Mr Mammen Chundmannil

Kindly get to me if you have those availablility. Also to please calculate total cost including all the taxes so that we can get our sponsors to make you a big cheque to you.

These always come from Yahoo addresses, the grammar is appalling, the spelling atrocious and the ‘delegates’ are always doctors. The booking is always for a long period. They always want to pay by cheque whereby, if you are stupid enough to follow this through, they send you a cheque for several thousand more than is needed. They then request a refund from you by which time their cheque has been bounced and you have sent them their refund.

You have no idea how many people have fallen for this scam but it only takes a bit of thinking through. One thing though is to never reply to them; once you do that they have your details and you are sunk. Having said that though there are plenty more to take their place - just remember - delete, delete, delete.

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Having covered the issue of flight cancellations so many of us suffer the inconvenience of delayed flights that I decided to include a run down of your rights in this situation according to the articles of European Law. Bear in mind that wherever you are in the world, if your airline is a european air carrier or is travelling to or from Europe you are entitled to the same rights.

Substantial delay of flight under the regulations…

Article 6 of the Regulation  grants passengers whose flight has been delayed of at least two hours rights that vary according to the length of the delay as well as the duration of the flight. It distinguishes three scenarios. The delay must be of at least:

two hours in the case of flights of 1500 kilometres or less

three hours in the case of all intra-Community flights of more than 1500 kilometres and of all other flights of between 1500 and 3500 kilometres

* four hours for all other flights, e.g flights of more than 3500 kilometres which are not intra-Community flights

In the event of a long delay…

Under Article 6 of the Regulation, air passengers whose flight is delayed are entitled to the assistance of Article 8 (reimbursement or re-routing) and the care of Article 9 (refreshments and/or accommodation if necessary). The air carrier is also under an obligation to inform passengers of their rights (Article 14 ).

Points to remember…

* the Regulation does not grant any rights to passengers whose flight is delayed of less than two hours

* the Regulation does not grant any right to compensation, notwithstanding the length of the delay.

Remember that an air carrier cannot deprive passengers of the rights which the Regulation confers on them. Consequently any clause which purports to limit or waive passengers’ rights is void.

Your right to assistance…

The passengers whose flight is delayed of at least five hours are entitled to the assistance of the air carrier. They are entitled to:

* either re-routing, under comparable transport conditions, to their final destination at the earliest opportunity or at a later date at their convenience and subject to seat availability

* to the reimbursement of their tickets. The reimbursement must also cover the part or parts of the journey not made and if necessary a return flight to the first point of departure at the earliest opportunity.

If a passenger chooses reimbursement…

* the reimbursement must take place within seven days

* it must be paid in cash, by electronic bank transfer, bank orders or bank cheques.

Once again be wary of being offered travel vouchers; the carrier must have your signed agreement if you choose this option. Travel vouchers often carry restrictions which very often mean you will not be able to use them later on. I advise to only settle for cash.

Your right to care…

 Passengers whose flight has suffered a long delay must be offered free of charge:

* the possibility to make two telephone calls, or to send two telex, fax messages or emails

* meals and refreshments in a reasonable relation to the waiting time

* hotel accommodation in cases where an additional stay becomes necessary as well as transport between the airport and place of accommodation.

Your right to be informed…

The air carrier is under an obligation to inform passengers of their rights in the event of denied boarding:

* It must ensure that at check-in a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: “If you are denied boarding, or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights particularly with regard to compensation and assistance”.

* It must provide each passenger affected with a written notice setting out the rules for assistance in line with the Regulation.

*  It must give in writing the contact details of the national designated body in charge of the proper enforcement of the Regulation.

Also note that this information must be given to blind and visually impaired persons by appropriate alternative means.

Once again for more information follow this link

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