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Can I take Equiniti to the small claims court?

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  • Everything above is covered in the Equiniti T's & C's, which if you have dealt Equiniti, you have aggreed to.

    And as for items not reaching the customer; once it leaves our officies it is in the hands of the royal mail, and no longer our responsibility.
  • Everything above is covered in the Equiniti T's & C's, which if you have dealt Equiniti, you have aggreed to.

    And as for items not reaching the customer; once it leaves our officies it is in the hands of the royal mail, and no longer our responsibility.

    Well that's an excellent attitude. Shame you think it doesn't work the other way though.
    Once a customer sends a letter it seems that Equiniti think it's still the customers responsibility until they receive it. So if it's not sent recorded or signed for, then it may never be "received"!:rolleyes:
    If freedom is outlawed, only outlaws will have freedom.
  • nomoneytoday
    nomoneytoday Posts: 4,871 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If an employee can't spell, "agreed" then what do you expect?
  • I too am considering taking Equiniti to court. I am an executor and for for the past few months have been trying to transfer the deceased's shares. I originally sent the share certificates, share transfer forms and probate certificate to them in the middle of november by recorded delivery. After a couple of weeks I still hadn't heard anything so I rang them. They told me had not recieved them. I told them that they must have recieved them because they had returned the probate certificate to me, which was in the same enevelope. I have since called them almost every day to find out what is going on. I am always told that they have put an urgent message on the account and someone will ring back which they never do. After a month of being given the run around I got hold of someone higher up in the organisation who said he had found the documents and had done the transfer for one of the companies concerned and would do the other two by the Monday. A week and a half later I have only recieved the share certificate for the first company and have rung up to see what is going on and found out that the other two companies have still not been transferred yet! On the brightside, atleast they put an urgent message on the account for someone to ring me back. I won't hold my breath.

    Meanwhile, the shares in question have been tumbling on an incredibly volatile market. So far as terms and conditions go, I have never seen any. Not having dealt with Equiniti before I very much doubt I am precluded from suing them for any losses these shares make. What do other people think?
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I too am considering taking Equiniti to court. I am an executor and for for the past few months have been trying to transfer the deceased's shares. I originally sent the share certificates, share transfer forms and probate certificate to them in the middle of november by recorded delivery. After a couple of weeks I still hadn't heard anything so I rang them. They told me had not recieved them. I told them that they must have recieved them because they had returned the probate certificate to me, which was in the same enevelope. I have since called them almost every day to find out what is going on. I am always told that they have put an urgent message on the account and someone will ring back which they never do. After a month of being given the run around I got hold of someone higher up in the organisation who said he had found the documents and had done the transfer for one of the companies concerned and would do the other two by the Monday. A week and a half later I have only recieved the share certificate for the first company and have rung up to see what is going on and found out that the other two companies have still not been transferred yet! On the brightside, atleast they put an urgent message on the account for someone to ring me back. I won't hold my breath.

    Meanwhile, the shares in question have been tumbling on an incredibly volatile market. So far as terms and conditions go, I have never seen any. Not having dealt with Equiniti before I very much doubt I am precluded from suing them for any losses these shares make. What do other people think?

    You wouldn't be able to claim loses as share prices are unpredictable at the best of times so they can easily get away with arguing that in a court of law.

    You can however demand compensation if you can prove they have broken another law i.e. the Unfair Terms in Consumer Contracts Regulations 1999 but the onus is on you to read their terms against the particular Act you wish to use and point out to them why it breaches it.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • Everything above is covered in the Equiniti T's & C's, which if you have dealt Equiniti, you have aggreed to.

    And as for items not reaching the customer; once it leaves our officies it is in the hands of the royal mail, and no longer our responsibility.

    Royal Mail are acting as your agents in this situation, so you ARE responsible.
    "You were only supposed to blow the bl**dy doors off!!"
  • I've also been having problems with Equiniti. Recently i lost my job and clearing out old paperwork found 20 free shares i was given a few years ago, i was already dealing with Equiniti selling other shares but other than being slow and pretty useless on the phone i hadn't had much to complain about. I was sent a Crest transfer form signed it and put the original share certificates in. 2 weeks later i receive back the same Crest form with a letter saying that it needs to be signed (its signed), i contact them saying that this form is signed the bloke on the phone asks me to clarify and we put it down as a clerical mistake by equiniti. I don't hear anything for another 10 days and then i get a letter saying i need to send original share certificates. Completely confused i contact Equiniti who now tell me that they didn't receive the original certificates, round and round it goes. Get told that someone will phone me in 48 hours about this. Another letter appears rather quickly saying the offer has now expired and the shares will have to be bought back on 10 Dec (letter received 15th Dec) if share certificates not received. So cutting a long story short 20 free shares worth £120 originally with the buy-sell-buy back fees and Indemnity form (because they have lost certificates) is now going to cost me £100, total profit £20. Pathetic really.

    Anyway i brought this up with HR at work just before christmas. It sounds like Equiniti have internal problems (never had a problem with LloydsTSB) and it really needs to be looked at, personally 20 shares isn't a big deal to them so doubt i'll get anywhere but to me i was looking forward to a little extra cash.
  • I too have been having problems with Equinti. Following the death of my mother and granting of probate, all necessary forms were lodged with Equinti for sale of the Santander shares she held since Abbey demutualised. Heard nothing from them, so first phone call.... "the cheque was sent out and returned; someone will call you tomorrow to sort out what you want to do now". Tomorrow, as we know, never comes, so my second phone call..... "the cheque was sent to your mothers address, because its the only address on the file". Not true, as all correspondance about probate had been to MY address - I was actually waiting for them to ask me why my mother had returned the cheque!! So, third phone call..... "it will take us at least 3 weeks to re-issue the cheque; where would you like it sent?"

    I'm probably not the only one who thinks that these excuses are the sort of things we hear from companies about to go under - "the cheque is in the post", and "Mr Andrews signs all our cheques and he is out of the office until February - 2011".

    Mistakes do happen, but in a past life, I ran the claims handling process in an insurance company, and we always looked carefully at any returned cheques: common courtesy and we wanted to reduce hardship. Equinti - learn the lesson. I will be making a formal complaint and I will contact Santander to let them know that Equinti are letting them down.
  • Tozer
    Tozer Posts: 3,518 Forumite
    They are rubbish. I have just escalated a complaint with them - it has taken them over 3 months to register a change of address. Formal complaint goes in and they register the changes overnight.
  • I was woundering if anyone has had any luck in contacting Bill Dye.

    I bought shares in DSG International in November 2008. (Current Date 21/01/2009)

    To cut my story short I have never received my shares certificate. I have called them 32 Times including speaking to managers. Who on the 17/01/2009 confirmed they had lost them.

    This was due to the first advisor who sold me the shares Spelt my Surname Wrong by one letter.


    I was told it was in the post to me by 5 people one of which was a manager.

    I have now been asked to contact another company called capita to buy a new copy of something I have never received because they lost them. I was then told by a manager they could not gurrentee I would get my money back as they fell the company they sent them to for the name change had lost it so I would have to also complain to them.

    As i understand things if I pay £2000 Pounds for a certificate I should get one?

    I have also lost money as when I have wanted to buy out at better price's I was unable to due to never receiving my certificates.

    My second question is can I take them to a small claims court.
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