Thanks Croc. I'm on the case.

Can the DAS override the arrestment though?

yes i have other debts. i was actually in the process of getting a dmp sorted, but thats that plan blown out the water now.

Just received notification of earnings arrestment through the post for council tax. Is there any way to appeal this. By my calculations, thats around £250 quid a month out of my wages, money I can't afford. We are a family of four and this will cripple our household budget.

I have an unsecured payday loan on which I have been unable to keep up repayments. The first missed payment was at the end of September, subsequently missing payments at the end of October and November. Received an email last week stating that: Pursuant to the Loan Agreement that you signed and the Terms & Conditions thereof, you are in default of the above referenced loan AND have failed to take corrective action as detailed in the Default Notice sent to you at least 15 days ago. We hereby exercise our contractual right of Acceleration. This means that: - Your entire loan amount of principal, accrued interest and fees of £xxxx is now due. - We may notify the Credit Reporting Agency of your default on this loan. - We may sell your debt to a third-party debt purchaser who may exercise any rights available under the law in collecting the amount owed. - Interest will not accrue from this point forward. Now as I remember, ICO guidelines state accounts shouldn't be filed as in default until the account is 3 payments behind. I am now three paments behind but the default notice was sent prior to missing the third payment. Am I correct to think they have failed to follow the requirements regarding default notices? If so, as they have terminated the account, am I correct in my belief I am now only due them the arrears, and not the full balance?

My partner had to leave her job in mid-March this year, due to family illness and childcare issues. I wrote to my local authority benefits section to advise of our change of circumstances, and to ask what documentation was required for reassessing our benefits claim. A good 6 weeks later, after chasing it up, I received a letter stating I had to provide "bank statements, etc", very vague. As we were waiting for my partner's p45, we did not send documentation in. In May I received a letter stating our benefits were being suspended pending receipt of p45, bank statements, etc. In June I received a letter to say our benefits were cancelled. Now I know I should've taken action sooner, but I've been burying my head in the sand, and have actually been off work through stress, and that's the vicious cycle of debt and poverty. Despite contacting her old employer several times, and them trying to blame it on their accountant, my partner still hasn't received her p45. What can we do?

I've missed 3 payments, coming up to four. After how many missed payments do Vanquis file default? I got a text stating that in 6 days they were transferring my account to an external agency.

just realised too that in scotland, our legal system affords us more protection than the english one.

sam, i'm talking about the court route for the enforcers to claim the charge- ie non-payment, debt collectors, court?? i hold my hands up regarding the yellow line offence. i was of the opinion that an overhang was not an offence. i was employed by the police and overhangs were an issue that was never mentioned in training. never knew of my colleagues, wardens or cops, issuing for an overhang. clearly the criminal aspect led to more lenient enforcement. so my talk of obstruction is relevant, as if no fpn we would deal with by conditional offer. so i guess that since pcns are revenue earners, the decriminalisation has led to stricter enforcement.

I mean in terms of trying to recover the charge- it is the only route open to them if you refuse to pay and they won't rescind the pcn. If you stand your ground they will buckle. A guidebook upon which the rules, be they criminal or decriminalised, must be based upon, otherwise there is no point in its existence as drivers wouldn't know where they stand. IF they contravene the regulations. If causing an obstruction but not in contravention of the regulations, then it is a police matter in the same way it would be in an unregulated street. See above. I am well aware. But in terms of obstruction, I am unaware of local authorities having the power to uplift vehicles unless they are in contravention of the decriminalised regulations. I concede I may be wrong as I did not work in decriminalised enforcement and things may have changed. Surely if a car is in contravention of decriminalised regulations and is causing a serious obstruction, then the car would get a PCN and lifted? By this logic, as the car wasn't lifted it wasn't causing any serious obstruction and the PCN was issued incorrectly. The police certainly don't lift cars unless causing a serious obstruction, ie traffic can't flow at all. relevance? bugger all. i should've just claimed my jobseekers allowance and mopped up any benefits i was entitled to, eh?

I would invite them to take you to court. I used to work in parking enforcement,no danger this ticket would stand. where in the highway code does it say anything about your car overhanging yellow lines? The only time it would be an issue would be if it was causing an obstruction, in whuch case it would have to be a police matter dealt with by non-endorseable fixed penalty.

What do you mean behind the yellow lines? Was the car on the road parallel to the kerb on a section with no yellow lines and the bonnet over the lines? If so, appeal, or even flatly refuse to pay. or was it off the road, ie in a drive perpendiculur to the kerb, with the bonnet overhanging the lines?

My Egg account defaulted in May 2005 with a balance of just over £1600. The account was sold to Lowell, and has subsequently been settled by F&F. I wrote to Egg requesting mis-sold PPI premiums and interest at 8% simple were refunded. After 15 months and intervention by the FOS, Egg have finally sent me a cheque to settle my PPI claim. The total amount offered is approx £870, consisting of approx £590 premiums, approx £160 interest paid on those premiums, and £120 charges occurring as a result of the premiums taking me overlimit etc. Egg say this offer is in line with the FSA guidelines. I presume the following FOS guidelines apply: 3 - Where the card account has been cleared and closed and the PPI has been cancelled... The financial business should... C pay the consumer the difference between the revised closing balance and the original closing balance D pay the customer interest on that difference at 8% simple per year from the date of closure to the date of payment Egg have basically offered to refund C, but there is no mention of the 8% simple per year. By my reckoning, Egg should also be offering me around £450 interest at 8% simple? Egg sent the cheque as a F&F settlement. If I were to pay it into my account, would I still be able to go to the FOS and ask for the interest to be paid? If not, should I contact Egg or the FOS about it? I could really do with the money asap, but I want what I'm due, especially given the 15 months that have elapsed since first requesting a refund.

I gave the Sheriff Officers a quick breakdown of our income and expenditure, but that seemed to go over the girl's head. I notice that the dsa2 only asks for financial details, not employer details etc. A case of the Sheriff Officers overstepping the mark? Haven't submitted the dsa2 yet. Do my partner and I have to complete a dsa2 each? How does it work with regards to council tax due over several years? Do I put it all on one dsa2, or have to do it individually for each financial year?

I contacted the Sheriff Officers with a new offer, twice the previous offer. I also asked what authority they have to decide on a suitable repayment level and to ask for income/employment/etc details. They replied with an admission they have no authority to decide what is a suitable repayment level. They then go on to say that they do not have to accept any payment arrangement offered.. the info requested is to help them in their final decision to whether they accept an arrangement. quite how my employer/bank details/national insurance number helps that i do not know.

Thanks NDL. Do my partner and I need to fill in seperate DSA2 forms?

But where in statute law does it say I have to provide details?

standard response, send a sar. it should hopefully show the dates the default letter was sent and the date you updated your address.

We have received a charge for payment, delivered by Sheriff Officers. I emailed the Sheriff Officers with a payment proposal. They eventually replied stating Whilst no payments are refused, we are unable to set a payment plan on your account at the rate of £xx.xx per month due to the fact we hold no information on your current financial circumstances. .. .. Are you both currently working, and if so who are your current employers? What is your net pay and how often are you paid? Are you in receipt of any benefits? Who do you currently hold a bank account with? Do you own or rent your property, and how much do you pay? Please note that failure to arrange suitable repayments may result in further Legal action being taken for recovery, the costs of any such action will be due by you. First question: Do I have to provide the requested information? Looking at the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992, I don't think I do. To me it suggests that I have a duty toprovide the information to the Local Authority. Duty of debtor to supply information 31.—(1) Where, under Schedule 8 to the Act, a summary warrant or a decree in an action for payment has been granted, the debtor against whom it was granted shall, during such time as the amount in respect of which the warrant or decree was granted remains wholly or partly unpaid, be under a duty to supply, in accordance with paragraph (5), relevant information to the levying authority on whose application the warrant or decree was granted. (2) Relevant information is such information as fulfils the following conditions:— (a)it is in the debtor’s possession or control; (b)the levying authority request him by notice to supply it; and ©it falls within paragraph (3). (3) Information falls within this paragraph if it is specified in the notice mentioned in sub-paragraph (b) of paragraph (2) and is information as to— (a)the name of any employer of the debtor; (b)the address of the employer’s premises at or from which the debtor works; ©where there are in Scotland no such premises, the address of any one place of business of the employer within Scotland; (d)the national insurance number of the debtor; (e)the name of any bank having a place of business in Great Britain with which the debtor maintains an account (either in his own name or in the names of himself and another person or persons); (f)the address of the office at which any such account is maintained and, if that office is outside Scotland, the address of the principal office in Scotland, or (if none) in Great Britain, of the bank in question; (g)the number of any such account: (h)the name and address of any other person or persons who are jointly and severally liable with the debtor to make payment of the whole or any part of the amount in respect of which the warrant or decree was granted. (4) In paragraph (3), “bank” means any institution authorised under the Banking Act 1987(1), the National Savings Bank or a building society incorporated (or deemed to be incorporated) under the Building Societies Act 1986(2). (5) Information must be supplied in writing within 14 days of the day on which the request is made by the levying authority. Second question: Who are Sheriff Officers to decide if a payment level is acceptable based on my financial circumstances? Third question: At a push I could make double the payment originally offered. Should I apply for a time to pay order now, or wait to see if the Sheriff Officers accept my revised offer?

where in scots law does it actually say a debt collector can't make a doorstep visit unless invited?

egg are ********s. they refused my ppi claim 15 months ago. i complained to fos 12 months ago and in september the fos wrote to say egg had given up the ppi fight and if i was happy enough with the fos recommended refund policy then egg would contact me within 8 weeks with their offer. its now at the 12 week mark and still no word from egg. the fos are chasing it up.

Ah! I no longer have an active account.

Oops! Edited original thread.

Does anyone have an email address for the Capital One executive response centre?

Egg. The FOS say Egg will refund using the FOS guidelines for PPI refunds. Incidentally, this final default on my file is being removed. I complained to both the OC and the DCA about the default. The OC originally sent a letter saying it was accurate. I haven't heard from the DCA yet. I've just received a letter from the OC stating they will re-take control of the credit file entries and backdate the default date to what it should've been, if they had followed the ICOs technical guidance.