I have nothing against the owner of the land as I know them personally. However I do have an issue with CE. That's why I won't state the location. Happy?

So if it doesn't matter why does CAG always recommend posters delete their personal info? Why not just leave it there?

I can't disclose the location otherwise CE will know who I am. However they may use the same wording for all of the PCN's that they issue.

Yesterday I won my POPLA case against Civil Enforcement's PCN. The assessor said that they missed out wording in paragrah 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012: The notice must: (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; If your PCN does not contain this wording - it is invalid.

I have contacted the credit reference agency Noddle (CallCredit) twice about credit card lenders incorrectly placing a Minimum Payment Marker on my credit report with them. The lenders are Co-op Bank and Aqua. I have made payments that were marginally above (e.g. £1) the minimum payment with both lenders. I filed a dispute with Noddle. Both lenders have refused to correct the data. When contacting both, they both deny responsibility and say that they have no control over how Noddle displays the data. Co-op Bank even said that this means that I didn't make a full payment but made at least the minimum, which I know is untrue. I have since paid off Aqua in full so there's no longer a problem, but with Co-op Bank, it still displays. This could affect my credit rating, which they also deny. It appears that lenders are abusing the Minimum Payment Marker in breach of the Data Protection Act and punishing those who pay £1 or less over the minimum payment. Some MoneySavingExpert (MSE) users recommend paying £1 or even 1p above the minimum payment to avoid this marker. Other websites also recommend this. However, in my experience, this does not work. One user on MSE did mention paying 1% more to avoid this, but how do lenders get away with this? Under the Data Protection Act, the data that lenders give to the credit reference agencies has to be accurate. If a minimum payment is £10 and a payment of £11 is made on or before the due date, then it shouldn't be marked as the minimum payment made. I have searched for guidance on when lenders can place the Minimum Payment Marker but couldn't find anything. Credit Card Lenders that currently report the Minimum Payment Marker (that I am aware of) are: Co-op Bank Aqua Capital One Lloyds Bank Barclaycard MBNA GE Money HBOS This measure was announced on 24 November 2008 on the APACS website. The link has now been removed. Originally, five lenders agreed to share this information with the Credit Reference Agencies and has since increased. I have also had problems with other card issuers in the past (e.g. Capital One and Lloyds Bank) who also place a Minimum Payment marker if I paid £1 above the minimum payment, and not just with Noddle. Experian and Equifax are also reporting this.

Please have a look at HMRC's Property Income Manual: https://www.gov.uk/hmrc-internal-manuals/property-income-manual/pim2210

I've noticed on previous occasions that Fredrickson tend to leave out interest that HMRC charge on the debt when demanding payment, so that maybe one of the reasons why the amounts are different.

You will need to calculate periods of residence on a monthly basis. If the property was your Principal Private Residence (PPR) at some time, then the last 36 months will be deemed to be a period of residence. You will then need to apportion the period of residence/ownership. I assume that the garden is smaller than half a hectare and that there is no business use (letting is not generally considered business use). There may be also be deemed residence, but that will depend on your circumstances. Note that Husband and wife can only have one PPR between them. You may also deduct improvements you made to the property from your chargeable gains, but not the amount you owe on the mortgage. So to give you an example: Sale Proceeds 300,000 Acquisition cost (70,000) 230,000 PPR Exemption (155,056) 74,944 Letting relief (40,000) 34,944 Annual Exemption (11,100) Taxable 23,844 Capital Gains Tax Rate: starts at 18% and is 28% for higher rate (so a maximum of £6,676.72 based on the above example). PPR Exemption: (note this is not exact: you will need to use a monthly basis based on exact dates. Your dates are assumed to be on 1 January) Actual residence: 1.1.2001 - 31.12.2002: 24 months 1.1.2008 - 31.12.2012: 60 months Plus Last 36 months Total: 120 months Length of ownership: 1.1.2001 - 31.10.2015 (assumed sale date): 178 months 120/178 x £230,000 = £155,056

Take a look at Marriage Allowance - it might save your partner £212 per year: https://www.gov.uk/marriage-allowance-guide/how-it-works

I popped in to a Metro Bank branch in South London recently to open a business instant access deposit account. Their website says "No Metro Bank Business current account is required." They tried to sell me their business current account, which is not free unless you have more than £5,000. When I refused, they asked me why I wanted an instant access account, and I told them that I just want a basic account. They said that you cannot make an online transfer out unless you have another Metro bank account, so I opened a personal current account, and I was accepted for that, but a credit check was made, so it affected my credit rating. The business instant access account needed to be approved by a business manager. I called him the next working day. I work as a professional but I am not a member of a professional body (it is not illegal in the industry that I work in). He said they can't open an account because of this reason. I submitted further paperwork to his colleagues by visiting the branch (which is not in my home town) and waiting for about 25 minutes, after convincing him over the phone that would be acceptable to open an account. He then called me the next day saying that the account will not be opened because I will be using the business instant access account as a business current account and that I will be using it to deposit payments from customers He also said that they have a right to close it if I do. Nowhere does it say in the terms and conditions that you cannot use it as such. Also, their Account features state that you can use it as follows: • Receive electronic payments (CHAPS, BACS, faster payments, SWIFT, standing orders and internal transfers) • Pay in cash and cheques He also said that I cannot use the account to make an online transfer to my personal current account, even though I was informed by the customer service adviser who opened my personal current account that I could. To add insult to injury, I asked him to send me a letter or email saying why he is refusing to open the account, but he wouldn't do that, saying "we don't send out these letters." They have wasted my time. The business manager didn't say at first that a business current account was required. The excuse he gave me for not opening the account at first was that I was not a member of a professional body. Now he says you can't use the business instant access account as a current account, even though their website says that you don't need a business current account to open an instant access account. I made a formal complaint by telephone to the business centre. I explained what happened, but they defended him. They said he had the discretion to refuse to open an instant access account if it was to be used as a business current account. I challenged them to tell me the exact clause in their terms and conditions, but they couldn't find it. This is ridiculous. Why does he have full discretion? What if someone made a complaint against him? Now I am left with a credit check, which was made for a personal current account that was missold, and no business instant access account. Please do not trust anything this bank says about this account. They will try and sell you a business current account to make money out of you from charges, and they will refuse opening the instant access account by saying you cannot use it as a current account, even though there are no restrictions as such in their terms and conditions.

Yes you can, thanks

Many thanks for your response. I think I was worrying for nothing - it does look like that they are not sending the item as I haven't received a response from the seller. Thanks again.

Has anyone come across a case where a claim was made against a company for a debt that is over 6 years old who acknowledged the debt in their accounts, and not by writing to the creditor? I'm referring to a post on another forum (Accounting Web): http://www.accountingweb.co.uk/anyanswers/question/client-not-paying?page=1#comment-653977 (Apologies to mods if this isn't allowed) You don't need to read the full thread - just this post. The person posting said (s)he doesn't remember the case name, and I tried searching this forum but I couldn't find anything. Many thanks.

Hi everyone, I bought an item from a Play.com seller (Playtrade) around mid-February for about £30 (an office machine). The Playtrade seller said he despatched the item the same day I ordered it but it turned out to be false. I contacted the seller several times by email and no reply. I filed a Missing Item Claim and a Fairplay Guarantee Claim but Play.com didn't reply to the latter. So I filed a chargeback with my credit card company (Capital One) and they refunded me the money. Today I received a letter from Capital One saying that they will give the seller 45 days to resolve the dispute. I called them up, telling them that I already purchased the goods from another retailer and that the seller is in breach of contract. I also asked them what would happen if the seller sends the goods, and they said they will reverse the chargeback. This is unfair. So the seller gets a whopping 75 days to send me the goods AND I end up paying for the goods twice because I bought it from another supplier. I told Capital One this, and they said I need to contact the seller and tell him I no longer want the order. So I sent the seller a message saying I'm cancelling the order, but Play.com give the seller 3 working days to reply. What would happen if the seller sends the item within this 3 working day period? Wouldn't that mean Capital One would reject my chargeback claim? Also I noticed that whenever someone writes the words "breach of contract" in the contact seller text box, Play.com automatically reject it and say "Your message contains inappropriate content". When I removed these words the message was sent! Unbelievable.

An incorrectly issued default notice could be in breach of the Data Protection Act. Have a look at my thread where I tried to sue a debt collector, although I accepted early settlement. Obviously I can't guarantee it will work for you, but you could try something similar, if you want to.

Are any of these betting companies financial spread betting by any chance? I have experience of dealing with these companies...

Maybe make a Subject Access Request (SAR) under the Data Protection Act (costs 10 pounds).

I just called the Police to report criminal damage to my car (mirror) done by teenage hooligan cyclists. They said that it was a Road Traffic Incident and not criminal damage! How could this be - that means that cyclists can DELIBERATELY damage a car and get away with it!

OK I found the terms and conditions on their website (the latest ones) but not the original ones when I opened the account. From this I found the following that could be relevant to my case: My first sterling business account which I opened several years ago was closed in late January 2005. Could someone please confirm whether or not this overdraft is statute barred, or do I have to wait 6 years after the formal demand for repayment, when it is issued? Thanks.

I have a US dollar business account with Lloyds TSB which is overdrawn. No overdraft limit. Last payment was made in October 2003. I have not made any acknowledgments since then. In most cases, under the Limitation Act 1980, a debt becomes statute barred six years after the last cause of action. However, I'm not sure when exactly is the last cause of action for this overdraft. I have been reading many pages from this forum, searching for "overdraft statute barred" but I'm still confused, as some say cause of action is last payment/acknowledgment in writing. I have read about the case in lloyds bank ltd v margolis 1954 WLR 644, 659 (google this and look at the first link: a PDF from a website actuaries.org.uk) where it was held that for an overdraft the last cause of action starts when a formal demand is issued. However, what is the case for an unauthorised overdraft? Surely in their terms and conditions it would say something like "If you go over your overdraft limit you agree to pay this amount to us immediately". Unfortunately I don't have a copy of the terms and conditions anymore. I suppose I could do an SAR. The bank have not sent a formal demand for repayment yet, but they may do so soon. I have been receiving statements and notification of interest charges, but no other letters before September 2011. They've sent me two letters recently from their Colmore Row Business Centre, the first one about the account being "in excess" and the second one a notice that interest will be charged at a higher rate etc. Unfortunately it caught their attention because a few months ago I opened a sterling business account with them, which I regret now. The balance is at least double what it should be, because the annual maintenance fee is £30 per year and they've been taking £60 per year. Nevertheless I can't afford to pay even half the overdraft back and even worse I can't afford another default on my credit file and harrassment from debt collectors, which I have been free from in the last few years. I know how to deal with debt collectors now because of this great site, but my family don't. I also have a sterling business account (as mentioned above) with them, a current account and a Halifax current account. Now that Halifax are part of the Lloyds Banking Group, I wonder if they can set-off money from that account to pay off some of the overdraft? Maybe its now time to bank elsewhere? Any help is much appreciated. Thanks. *Fictitious to protect my privacy, but the real amounts/dates are very close.

Hi Just to update everyone that Lloyds TSB have now refunded the overlimit charges and have also made an Ex-Gratia payment of £30 onto my card! Although the amount I complained about is small, it just shows that you can obtain compensation and refund of charges if you persevere. Thanks to CAG for the templates.

Thanks for replying everyone. I haven't had problems with Lloyds TSB in the past. Natwest and Barclays are much worse and I would never bank with them again. I sent the letter yesterday mentioning their breach of Condition 5.2 and saying the charge is unfair, extortionate, etc and asking them to refund it. But the annoying thing is that next month I'm going to be charged another £12 and I have to waste more time writing them a letter and asking for a refund.

I feel that I've been tricked and cheated. I naively thought the problem was solved only to find the overlimit charge has been put on this statement taking me over my limit on this statement because of this charge. This cycle is going to continue and every month I will have to make a complaint to get this charge reversed. How annoying. To summarise: 8.2.11...........73p over limit, no overlimit charge 8.3.11 ..........Complaint made by phone; Interest refunded in full for previous month, not overlimit 8.4.11...........£2.23 below credit limit before charge + £12 overlimit charge = £9.77 overlimit I've had enough of the incompetence of Lloyds TSB staff. I'm going to turn the tables so to speak and send them a notice of breach of agreement telling them that they are in breach of Condition 5.2.

Problem solved. They refunded the entire interest amount and they said they will not take the fee. When I complained over the phone at the time, I told them that I would complain to the Financial Ombudsman Service and that will cost them £400.

Hi everyone, Recently I went overlimit on my Lloyds TSB credit card by only 73p due to interest. They said I will be charged a £12 fee on my next statement. This represents a charge of 1,643%. How did this happen? Well, I called them about two weeks ago asking about my balance transfer interest. I took advantage of a "0% for 6 months" offer. My balance transfer was made in mid-July and my first statement date is in early August 2010. Two weeks ago I asked them when the balance transfer offer would end; they said on my next statement (not this one), giving two reasons: (1) My last statement stated estimated interest £3 and (2) That balance transfer interest would not be charged in partial months (only complete months). I had about £9 available credit so I thought I'll be fine. It turns out I was misadvised by the so-called customer service advisor I spoke to. Interest is about £10 so I went overlimit. The worst thing about it is when I called them recently to tell them that I was misadvised, they said they couldn't find a record of the phone call. I can't remember exactly when I called them two weeks ago, and I didn't even take the name of the lady I spoke to. I called an 0800 number from a BT/TalkTalk line, so I don't even have a record of the phone call. I should have taken her name and noted the date and time of the call - my mistake. In fact, they are in breach of the agreement. The last sentence in Condition 5.2 says "We will put a message in your statement to remind you when the introductory promotional period ends" Guess what? They didn't! There are no other charges or PPI. Should I do a subject access request? Would I be able to claim the £10 SAR cost from them? Any other advice to help solve this problem? Thanks in advance.