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shearersbigtoe

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  1. Evening All, I'd appreciate a little guidance here. Firstly, I live in Scotland (in case that influences any advice). I was issued a bill for £107 for looking after the shrubs and bushes on the estate where I live (I have a 1/258 share to pay). Being honest I ignored previous letters as I don't recall signing for anything to do with this. Anyway, a County Court case was instigated by the Company, and due to go to Court 04/02/14. I work away from home, and returned, luckily, 03/02/14. I immediately called the Company, explained I worked away etc. and agreed to pay the money via a direct debit. Before agreeing to this I asked for confirmation the Court action the next day would be stopped. The Company then consulted their legal team, and said because it was close to the Court date there would be an additional £111 charge to stop it, which I agreed to, So, weeks passed, I heard nothing, until I got a letter telling me the case had gone ahead, and I now have a CCJ! I called the Company, who informed me: Accounts are off sick Their legal team are at fault, and they do not represent the company, therefore its not the company's fault Its my fault I haven't paid (which, in all honesty may have been right). The Court cant stop any action without 24 hours notice I reminded them I'd paid to have it stopped, and they'd taken payments from me. Silence from the other end, and a promise to call back. They then called me back and said they'd contact the Court and say the debt had been satisfied, now to me this is an admission of guilt. Heres my gripe: I'm just about to go for a mortgage after getting my credit rating to the dizzy height of 964, I checked Experian and in big red letters its got CCJ across the top. No mortgage for me then? So, what can I do? I'm actually willing to pay more to take the Company to court, as I've been financially disadvantaged by their error. I really want blood here, the casual attitude, and "so what" response has got me fuming (a Geordie word for angry!) Any advice gratefully received.
  2. Hi All, Can anyone help me in regards to a problem I've had, I'll try to keep to the facts: I went to purchase house , agreed price, sighted Home Buyers report and read it thourghly. It stated that there were no issues with the gardens and grounds. My Mortgage lender sent a surveyour out, and he found Japenese Knotweed in the garden. Mortgage lender wouldn't give money for mortgage because of this. By this time I had accrued £420 in legal fee's (for searches and conveyancing), plus £100 for bank survey. Now it turns out it may not have the dreaded knotweed! My question is: Can I take action against anyone for either the home report not finding the knotweed, the owner who knew about it, or if it turns out not to be knotweed can I take action against my banks surveyour. It may sound petty but it took me a year to find that house and now I've moved to a house it overlooks, so every day I see the house I wanted and either the origional homebuyers report is wrong, or my banks survey! Any help or advice would be welcome, and thanks in advance.
  3. Basically they (HFC) accepted 60% of an outstanding amount and in their letter of agreement they said they'd update the Credit Reports. Due to human and computer errors they didn't. I sent them 10 recorded delivery letters, with copies of the agreement and copies of the payment cheque. And I called, and all I got for that was a barrage of abuse (they've found that those called wern't recorded, conviniently) Anyway, my additional mortgage payments, over the BOE base rate were £16136, and the arrangement fees £3800, and I've recently been refused 2 mortgages as it wss still showing. The list goes on and on (my employers carried out a check on me, as they do on everyone, and I had to explain to my boss why it was showing) I had to get a second job to make up for the extra mortgage payments) They've accepted all my evidence, and they initially came back with an offer of £500, now they've upped it to £750. Anyone who wants to point me in the right direction here would be appreciated.
  4. Hi All, Looks like my long running saga with HFC is coming to an end. After 6 years of not updating my credit history (due to staff errors and a computer error) As you may know, the actual financial cost to me was £20,000+ (due to me having to take a sub prime mortgage) Anyway, I've sent them all the proof they wanted, they have again admitted full responsibility, and on friday they called to offer me £750 in compensation as a full and final settlement. Should I take their offer, or go to the FSO, or go to the small claims court? Any advice, or opinions would be welcome!
  5. Hi, Thanks for the sppedy reply. I don't know if its worth mentioning but theres a few things to consider: I live in Scotland, and did while this was happening They (HFC) say the blame lays solely with them as it was an admin and computer error. They have apologised for their Staff shouting and getting abusive. They ask ed me what I want, why, and to supply evidence of it, which I've done. Does that lot change anyones opinion one way or the other?
  6. Hi All, If you have a look you'll see I've had a dispute with HFC over my Credit File Report. I've submitted all the paperwork, with proof that their error led to me having to take a sub prime mortgage with the total extra paid (over the bank of england base rate) being £16136 (as well as arrangement fee's, a sub prime loan, the embarressment of credit refusal in stores etc.) They've agreed it was their mistakes fully, and have now changed it (after numerous refusals for mortgages from lenders over the last 6 years) They've also agreed that they accept all the info I've given as factually correct. Anyway, after days of considering it they've offered me £750. Is it acceptable, or do I seek legal advice. I'm a bit miffed considering everything thats gone wrong because of their mistake and they offer me what I think is a paltry amount. Anyway, the floors open, will a Solicitor wipe the floor with them, or is it a risky venture? Thanks Tony
  7. Hi All, Been a while since I've been on, but here's my latest question: In 2004 I accepted a settlement figure from HFC, sent the cheque and they said they's amend all the entries on the Credit Files in my name to show it WASN'T in default and the balance had been settled. They cashed the payment, and didn't change it! I wrote again, in 2009 and they replied saying they's made a mistake and they'd change it, and they didn't change it! I wrote again, and sent 8 copies of their agreement letter, and a copy of the cheque, and they didn't change it! Called them, and finally, after 5 years 9 months they've changed it! Now the good bit, they've sent me a 3 page letter stating: They've made a huge error Its all their fault (they didn't change the records) They are totally to blame They've told ME I've been fiancially disadvantaged because of their error They apologised for the way the Staff spoke to me Apologised for not recording all the calls Most importantly they've said "I am due compensation, but I must give evidence to support my claim" My question is, simply what am I due? Can I claim: For the sub prime mortgage I had to get because of their default notice? (perhaps the difference betweeen the standard mortgage rate of the time against what I paid, which I've worked out to the penny, to be an additional £16,000!) For the sub prime loan I got, again because of their default notice? The loss of goodstanding with banks (2 banks carried out credit searches earlier this year and said no because the default was still there, other places have turned me down for mortgages) My pain and grief, and time? Can anyone give me an idea of what would be reasonable to ask for, and realistically what I'd get? (I can prove the mortgage etc I've paying) Thanks in advance, and keep up the great work! Shearersbigtoe:confused:
  8. Hi All, Been a while since I've been on, but here's my latest question: In 2004 I accepted a settlement figure from HFC, sent the cheque and they said they's amend all the entries on the Credit Files in my name to show it WASN'T in default and the balance had been settled. They cashed the payment, and didn't change it! I wrote again, in 2009 and they replied saying they's made a mistake and they'd change it, and they didn't change it! I wrote again, and sent 8 copies of their agreement letter, and a copy of the cheque, and they didn't change it! Called them, and finally, after 5 years 9 months they've changed it! Now the good bit, they've sent me a 3 page letter stating: They've made a huge error Its all their fault (they didn't change the records) They are totally to blame They've told ME I've been fiancially disadvantaged because of their error They apologised for the way the Staff spoke to me Apologised for not recording all the calls Most importantly they've said "I am due compensation, but I must give evidence to support my claim" My question is, simply what am I due? Can I claim: For the sub prime mortgage I had to get because of their default notice? (perhaps the difference betweeen the standard mortgage rate of the time against what I paid, which I've worked out to the penny, to be an additional £16,000!) For the sub prime loan I got, again because of their default notice? The loss of goodstanding with banks (2 banks carried out credit searches earlier this year and said no because the default was till there) My pain and grief, and time? Can anyone give me an idea of what would be reasonable to ask for, and realistically what I'd get? (I can prove the mortgage etc I've paying) Thanks in advance, and keep up the great work! Shearersbigtoe
  9. Hi again all, Hope this is in the right place! I took a loan out with welcome for £8500 over 48 Months in December 2006. Never missed a payment, 10 to go, I contacted them for a settlement figure (its meant to be 10 x £276 = £2760, so I thought I could pay that and save a little) They came back with a figure of £2800, hows that???? Can I offer less, or just pay them a lesser amount? Is this legal? Regards T PS The loan wasn't secured.
  10. Hi there, I entered a Debt Management program years ago (which worked!) However when I recently went for a mortgage I found a default notice on an old HFC Debt. The debt was settled in 2004, after they wrote to the DMP and agreed a sum of 60% of the debt, they also said they'd enter it as satisfied on my Credit Report. Part of the conditions, set out in writing by my DMP was that encashment of payment would oblige them to note the debt was satisfied in full on my Credit Report. Well, 5 years later and they've not done it. I tried to call and got abuse from both people who said it wasn't their fault it hadn't been updated and they'd broke the agreement, but mine for being in debt and settling with them! Any ideas on action I can take? Its driving me mental, and I can't get a decent mortgage because of it. I do have both letters, from them, and my DMP to show this? Many thanks T
  11. Hi All!I recently asked what I could do if a debt management company DID NOT make me debt free within 5 years as promised (and stated on their contract). I was told I may have a legal case against them as we had a contract, and I'd had to pay the remaining 3 creditors from my pension fund. I requested all the details they had on me, using the form on this site, and within the 40 days they replied.NOW HERE'S THE GOOD NEWS! (at last)They have replied, and as well as all the monies they've paid out they've noted on my file all my calls. In the notes they have put, with dates, all the times I've asked if the plan is running correctly, and they've put in the answers they gave, all of which say I WILL BE DEBT FREE within 5 years (which they failed to do!)Further, it's also in the file that they AGREED TO PAY JOINTLY THE DEBTS OUTSTANDING, and they then state they've changed their mind!So finally I've decided, I have it in black and white, they've broke the agreement, how do I stand for taking them to court, who do I see (a specialist solicitor) and what should I be taking them to court for (the £5000 I had to pay myself?)Many thanks for any advice, I think I could be onto something here! If anyone wants any info just ask!
  12. Hi All, I´m a new member, so be gentle! Here´s my question. I enetered a written agreement with DCM Apex, to be debt free within 5 years, I never missed a payment, and at the end of the 5 years (and I called every month in the last year to make sure it was on track) I got a letter saying 3 of my creditors hadn´t been paid. I called DCM and pointed out that their written guarentee stated debt free or all fee´s returned and they simply said they´d paid out more than they got from me and they wouldn´t help (this was after lengthy conversations with them, in which they said they would contribute towards the final settlement, then they just said no!) I´ve now settled, from my retirement lump sum, with the creditors, does anyone think I can take any action against DCM to recover the 5,000 I´ve had to pay? Many thanks Antony
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