This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Just waiting on statements now. Good luck with your clainm Martin

Have been scouting around on here and looking at a few mortgage fees reclaimed. My fees started about 11 years ago and continued for probably 4 years how does the 6yr statute figure im not sure i fully understand ? Also how much is a court claim now?

Tried a quick call to get copy statements to be face by first hurdle. Cant actually get to speak to anyone as the system is automated and the account has moved to Prestige. Just goes around in circles till call terminated. SAR completed and sent instead. Can see this being a bit of a process....

Its been a while since i posted. I have a secured loan with GE which has now passed to Prestige. I took out the original loan way back in 2005 with a massive PPI and not long after got into arrears. I went after the PPI but GE wriggled out of that, went after the broker who has gone bust then found out that the FSCS couldnt help as the loan was signed about 6 months before the protection. No worries tried three times to get the PPI. However, i have arrears fees for about 5 years which i want to go after. question Can i go after these even though they are 10years old? I have been browsing again and see some successes from old just want to find some more recent GE success.

In a moment of lazyness i signed up with a claims company for PPI. They sent basically the standard claim form (available from any good self claim forum). when the company refused to pay they sent it on to the FSA. As the claim was old and the company wasnt regulated at the time the FSA sent nice letter saying they couldnt do anything. PPI claim company sent a letter saying oops sorry cant do anything. Total time spent on claim 11 months. I started my own claim - Company gone bust!!! So PPI company use same forms, same process get 25% - Do it yourself.

Hi all, Our agent was 'let go' last week after discrepancies with her money. Turns out that she has used a sum of our money meant to early settle a loan for herself yet maintained the payments on the loan so that we and her office were none the wiser. Should say at this point that we have been using provident and this agent for 7 years. She became more of afriend than agent and trusted her completely. We have discovered that she has done this to at least three other customers. Her manager came to collect our payment on Friday and his books show that we owe £221 per week - we have been paying £135 per week and she has been making up the rest herself. Their security manager came to talk and we discover that not only should we be paying the 221 instead of the £135 but several loans will continue until way into 2013 whereas we had it worked out that they would all be finished by the end of this year, as we had made several lump sum payments last year after selling our cafe. The security advisor said that they want to deal with this in house rather than involving police presumably because if the police get involved they would have to investigate ALL of her customers and accounts going back several years. After thinking about this over the weekend we have decided not to make any more payments until we are certain that sums paid by us have been allocated to loans that we intended and that any loans still running will end when we expected them to. we have written to head office to that effect. It was not up to us to check on the honesty of their agent and they should have procedures in place to ensure that this cannot happen - we have not had the books for at least 8 months and evrything she showed us or told us was perfectly as expected - she had 7 years to work her con. Any views on how we should continue - we cannot prove anything whereas they have copies of loan agreements which we have indeed taken out. The problem is that some of these loans were taken to early settle others with lump sums from us, also it looks like the loans we were settling werent the ones she actually did.

Thanks Rebel11, I knew there was another request just couldnt remember. Will get one sent ASAP and see. Guy

I was unfortunate to be persuaded to sign up to UTW way back in 2000. Initially fine but but once i began to query the invoices had no end of trouble. At one point i actually began court action which eventually resulted in them producing the information required in the form of a detailed spreadsheet. Now i have a new issue which is unbelievable: See if you can understand this or have i completely lost it. Originally i had two gas meters and two electricity meters - the house had been two flats. BAck in 2003 i had a new boiler and had this connected to one of the gas meters and the other disconnected. In 2008 i was able to finally move the remaining gas meter to British gas. So now One meter is still with UTW but no gas consumed. The other with BG so no supply from UTW. I now only had two elec meters. (At this point you should know that i was paying UTW current bills PLUS £25 per week for debt accumulated from my earlier dispute) In 2009 i was losing ground on my debt so requested that UTW install pre pay meters and agreed for them to collect £10 per week via the meters fror the outstanding debt. 24/06/09 the two old meters were replaced with ONE pre pay meter. July 2009 UTW send me a bill with an estimated amount of electricity. August the same, Sept the same. The balance steadily increasing. I phone to explain and they say no problem ill look into it and sort it. WE continue to get estimated bills and eventually letters from the debt collectors, eventually one of their debt collectors comes to the door. I show him the pre pay meter, he phones and someone says - i will sort it. This goes on and after yet another visit from a different collector we get a bill with the amount adjusted out. About a month ago we realise that we are putting an awful amount of electricity on the meter (£10 per day) after further investigation we find that they are collecting £25 per week and the debt on the meter is £1500. At the time of the meter being installed the debt was £945. The only utility at that point supplied by UTW is electricity which from 24th June 2009 was bought and paid for in advance via the key at the CO-OP. In May 2010 their own debt collecting co was demanding £1058.73. I cannot get anyone at UTW to accept that the bill CANNOT INCREASE AFTER 24th JUNE 2009. Currently their own debt manager is producing detailed breakdown to show where the extra £600 comes from. I have suggested that all they need do is reprint the invoices from June 2009 onwards and they will see an estimated amount added each month. All i am asking them to do is reduce the debt on the meter and collect at the originally agreed rate of £10 per week. I have now escalated the dispute to their level 3 with copies of some invoices and made it as clear as possible that they have made an error. I will be sending a copy to the energy ombudsman. My next step is to request from them a copy of ALL transactions on my account from at least June 2009 but may want to go back a lot further. I know that i will have to make this a legal request as they never produce information for free. Should this request be via the freedom of information act or a CCA - not sure which. THey have admitted on the phone that they had a serious system issue at the time of my meter going in so there is a distinct possibility that they have lost data in which case a dump of my transactions would show gaps and inconsistancy. I feel that i may have to bring court action and request this data in the discovery phase. If i have to go down that route then this time i will take it all the way to the court. Am i mad? Does anyone know which legal request for information i should use in this case. Regards Guy I

In response to Cardi, I started with Payplan in their early days. At that time when i sent them details of all my debts they were able to freeze the interest and charges on all of them. I have had some of these debts have another go at me from time to time and each time Payplan has dealt with them. So in my particular case they have been very helpful. I agree with the facts that if you deal with the creditors directly they will eventually agree a low payment and you can eventually settle. The trick then is to follow the same guide lines and dont offer to pay more than you can afford. Using someone like payplan is generally easier. I have just negotiated a apyment plan for my partner on a Barclays £8000 debt at £25 per month - they wanted £150 so it can be done but you must be prepared to bare your soul and go in hard. If i had entered into an IVA instead of using payplan i would now have 8 months to run and probably owe nothing instaed i have an on going plan and still owe in the region of £25K so its a case of shop around and see. Be aware there is a new company out there at the moment dealing with IVAs trying to get people to come out of an IVA and go bankrupt claiming its better than paying and keeping their property with no equity. this is a bad idea as eventually you will probably be clear of debt and property prices will GO UP AGAIN.

Hi all, Along with all of you i have been awaiting the outcome of this case, a further rack of charges accruing over the last year. Not being too pessimistic but in the current economic climate, even if the eventual ruling goes in our favor, can the government allow a potential payout of billions when they in effect own the banks now anyway. Is there any way they could intervene and stop us getting our dues back? Guy

You are all stars!! Thanks again.

Hi palomino, Adrian from the council phoned today. He has re-evaluated and the amount due is now £165.40. He has waived the previous years outstanding of £21 for a very vague reason which i couldnt get a detailed explanation. I asked about the £10 paid last night and this hasnt hit thier system yet and did ask about paying them in person on monday, He said that this must now be paid direct to the Bailiff who will contact us on Monday along with their charges. I will make payment direct online as thier system will automatically accept the payment. When it comes to the Bailiff fees, which we still dont have an idea of, it would be made up of one set of fees for the first year which was waived and another set i imagine from the current. I presume that fees are also based on the value of debt - can you point me at a link for fees? I would argue the point that if the council had got the bill right in the first place or we had had a chance to defend at court then it wouldnt have got this far and so no fees would have been due anyway. In any case if the Bailiff phones on Monday and i say that there is in fact nothing now outstanding what happens then? thanks again Its nice to actually win this time.

Just subbing, have today had my first taste of rosendales. Will not let them in.

Hi Palomino, This liability order is for business rates, the shop is now closed and has been since September 1st. She knew she was in arrears and had conversations with the rates dept. She did tell them that she would be vacating the premises on 24th dec so could they re-evaluatethe outstanding amount. This was around the 20th of August. on the 1st sept she closed the shop. She did not hear anything at all from the rates people either at the shop address or home address until today when a letter was dropped through the door from a Rossendales collector with the warnings to pay in full in 24 hrs etc. She has spoken to the rates dept today and given them the info and they hacve said that they will re-evaluate the bill but that she will have to deal with the bailliffs. I have done a letter for her for the rates man giving the deatils of when she last spoke to them, when she closed the shop and when the lease will be taken over by a new tenant. I also let them know that she was unhappy with the fact that she has not recieved anything from them not even a court notice. At least if we had had a court notice we could have done something about it then. We know enough not to l et the bailiff in the door etc and i am now drafting a letter to the bailiff. The letter from the Bailiff is demanding payment in full but does NOT have any figures on it. Also a technical point - the spelling of the name from both the council and the bailiff is not the same as the spelling on her birth certificate. i know it is a small point but many cases have been won or lost on the little points. We dropped the letter to the council in by hand today and also made a nominal payment via online transfer just to muddy the waters. Where do we stand now do you think. Thanks

My partner has a liability order from Rosendales. We will follow the advice here and send a letter oferring payment in installments. It is actually a non domestic rates demand however we do not have a figure! not on the letter through the door so have disputed the amount. If we pay the council direct online does that mean that they accept the payment and therefore if they accept the payment then we dont have to pay bailif fees?? Cos their system automatically takes the payment and registers it against the bill. Also as long as we dont let them in or sign a WPO then they cant do much either especially if we pay regularly. Can they let themselves in if the door is unlocked or a window open?? Thanks

The POC only mention the agreement.

Thanks anyway. I cannot post details of a default as i do not have one to hand - i probably had one several years ago when this debt became unmanageable but my filing system was non existant in those days and i like many others on this site firmly believed in the head in sand attitude to debt management. Future debt and bank charges will be handled better thanks to this site but as far as this is concerned i am at least in no worse position. I will waste no further time and money on this particular case and chalk it up to experience. guy

x20, On their original POC they only refered to the agreement. I have taken your cpr from the thread and amended as follows: Dear Sir, Re: Hillesden Securities V Me xxxx CPR 31.14 Request. On 01 November 2007 I received the Claim Form in this case issued by you out of the Northampton County Court. Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the document mentioned in your Particulars of Claim: 1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defense . If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. yours faithfully I have put it as from the original claim should this now be the latest paperwork from the courts?? The issue that i can see is that as far as they are concerned they have complied with my original request and supplied a copy of the agreement. According to their wit statement the paperwork was retrieved from an archived source and recieved in thier offices and a copy sent to me. It is therefore possible that they have the original copy, however, the terms and conditions refered to in the application have never been produced. I take it that this CPR request is a stronger request to produce the original and what happens if they are unable to produce the original in court? Is the letter ok and should a copy go to the court? thanks Guy

X20, I have been thinking about this over the weekend. You are saying that once a default notice has been sent and the process followed then the original agreement / contract is broken and then the Consumer Credit act no longer applies - is that correct?? this then means that when the debt is sold on the new creditor does not need to produce the documentation as per CCA to have the debt enforced. This is surely incorrect. However - if i assume that this is in fact correct then there must still be a correct procedure for the old debt owner and new owner to follow. In my case i still only have an application form, some statements and an assignement which i could knock up in twenty minutes on the computer. Surely it should be upto the creditor to prove that the paperwork they have shown me relates to the debt in question in which case thwy would still need to have the original documentation for the court to enforce. Should i amend my defence based upon thier witness statement as there is no clear link between any of the paperwork produced so far. What is the correct legal process for one creditor selling the debt to another and what proof do they require for the courts. Anyone please. Guy

x20, I have followed a couple of threads where initial defence was inadequate and i do have some concerns here. As for the DN - i dont have a copy. In my answers to the allocation questionaire i did request a copy but have not received one. Do you suggest that i make an amended defence based on information produced, arguing that the original agreement was inproperly executed or at least cannot be proven to be properly executed. This isnt a case of not paying its about buying time to pay and to be honest the house is now into negative equity and one month in arrears due to Northern Rock reverting to standard rate and no other mortgage company touching me cos of a very seriously poor credit rating. I dont want to give up but ..... guy