mike00
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Everything posted by mike00
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So first of all, some facts about me: 1. My payday is the last working day of each month 2. When I signed up with this company I chose the 1st of each month as my DD date to ensure my pay from work had cleared in my account 3. The 118 118 Money Direct Debit Guarantee says they will give five working days' notice of any changes to the date (this is less than the standard DD Guarantee of 10 days) Today, at 16:18 they emailed me saying my date was changing from the 1st to the 29th. That means my next payment is Friday morning, less than five working days away! My budget is managed down to the penny. I do not have any available funds until my payday, which will be late on Friday afternoon. By time I'm paid, this direct debit will have bounced which will result in bank fees and possible damage to my credit rating. Often, the 29th will be before my payday which is even worse. How can they do this? What are my rights? I've sent a complaint to them demanding they change it back. This is the reasoning they gave: I don't understand it at all. They are implying an earlier repayment date will benefit me by reducing the chance of missing payments and damaging my credit file - but it will do the opposite!
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Between January 2014 and April 2014, bailiffs were visiting me for two CT debts. I informed the bailiff by email about my suspected Asperger's but they never responded. At the end of April I moved due to my landlord selling up, and no bailiff has visited me at my new address, but I'm worried they'll be back. I've started paying directly to the council and want them to take back the debt as I don't feel bailiff enforcement is suitable for me. However, they're completely ignoring my letters and emails. Before I progress to an LGO complaint, I've decided to email the council CEO based on a thread I read here. I've drafted this email: I was hoping you could help me improve it before sending it. Maybe strengthen my argument somehow?
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I took out a loan for £100 with £20 interest, due on 27th May 2013. By 21st June (less than a month!) Minicredit had inflated that to £415.00 in total. Suffice to say I never paid the greedy sods a penny. Do I have grounds to complain to the FCA? Kapama are now calling and emailing about this debt (I just received notice of assignment).
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I'm trying that route too, however their argument is that the server they deleted was on a separate contract, so no breach occurred regarding the server I'm cancelling. I was hoping CCR would apply as it seems the simpler of the two arguments.
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Hi, Firstly, sorry if this is the wrong section. I wasn't sure if it should go in the retail forum or not. Earlier this year I (an individual) entered into an agreement with a company whereby I rent a web server from them. At the time of entering the agreement the Distance Selling Regulations (2000) were still in force. There was no minimum term to this contract, and there's no obligation for me to renew at the end of each renewal period. I make manual renewal payments each month by logging into their website, and clicking 'Renew' next to the relevant service. The expiry date of the service is listed next to the 'Renew' button and the subsequent page allows for the selection of the renewal duration (1 month, 3 months, etc). If I want to cancel a server, I do not need to contact the company. Non-payment/non-renewal is considered cancellation. An administrative mishap last month led to their systems automatically deleting one of my servers which involves wiping its hard disks to the point where data recovery is impossible. This deletion has caused inconvenience and loss of data. I still have one server with them, but I am no longer able to trust them, and am worried the same mistake may occur with this server this month. I've therefore moved all data from it to another provider. Their current contract is still worded pursuant to DSR and allows a customer to cancel within 7 days without giving reason. I contacted the company informing them that I wish to use my right under the Consumer Contracts Regulations (2013) to cancel the server, and expect a pro-rated refund for the time remaining in this renewal period. They replied stated they did not believe my rights under CCR reply as I am on a "rolling monthly contract". However, it's my contention that every time I manually renew the server, a new contract is formed (for the duration of the renewal period I select) along with all the rights and protections afforded by the CCR. What do you think? Am I within my rights to cancel this renewal? Thanks
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Reclaiming Aqua credit card charges
mike00 replied to mike00's topic in Halifax Bank and Bank of Scotland
Hi, I'm more than willing to go through with the action. Is there a LBA template anywhere for reclaiming these charges? I also sent a CCA request to 1st Credit on 27 October. They replied saying they'll send me the requested information, but so far they havent. -
Hi, I have Mackenzie Hall emailing, calling, and texting me. I've responded to none of this. They haven't sent me a letter, or in any way told me what debt they're trying to chase. What do?
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Reclaiming Aqua credit card charges
mike00 replied to mike00's topic in Halifax Bank and Bank of Scotland
Hi, I sent a letter dated 27 October to Aqua claiming these charges back. I gave them 14 days to respond, but that deadline has long expired and I've not heard back from them. Is the next step a reminder or a LBA? [Edit] This is now showing on noddle as 1st Credit. Unsure what difference that may make? -
I received a response from the Court today:
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What about the medical basis and the interests of justice? Is that not my strongest angle? With your other idea, are you suggesting to pay in full and then claim back the unfair interest and charges that have been added on?
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Don't worry I'm not about to make any such offer to them without going down the CCA route first. I just wondered that, if it came to it, would they be obliged to accept?
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There was no option to set aside. It also required forthwith (14 days) payment to the Claimant. It just seems really unfair that the Claimant can fail to even attend the hearing for their own claim and still win even though the defendant declared himself unfit to attend court and asked for an adjournment.
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Hi, Many months ago after being spammed with dozens of calls, texts, and emails, from Payday Express, I got them to agree to £200 in settlement of the entire debt. I insisted they put the words full and final in writing but I couldn't quite get them to do that, so the offer stalled. Now the debt has moved to Ruthbridge are they in any way obliged to honour the £200 PDE seemed willing to agree to? Ruthbridge are claiming closer to £800 from me.
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Yes it was. I was shocked when I read the Judgement which started "Upon neither party attending". I was annoyed at myself for not being able to attend, as their absence would have made it much easier for me to defend their Claim and possibly even win my counterclaim.
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Oh I completely understand the need to keep it altogether, it's just I did seem to get missed last time so if I go for the set aside, I could really use some help to get it all right and score a victory against these cretins! You're right, he awarded Judgement for the Claimant in the absence of both parties, and he also dismissed my counterclaim. It's also worth noting Safeloans are claiming (in an email) that I also owe them legal fees even though these did not form part of the Judgement, and as I understand it, do not generally get awarded in any Small Claims case.
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MOTORMILE FINANCE LTD - Your Help Needed
mike00 replied to BRIGADIER2JCS's topic in Motormile Finance UK Ltd/Lantern
Also rob@mmile.com and rebecca@mmile.com - Rebecca was the only one I ever got a reply from I basically emailed them and said if they ever hope to receive a penny from me towards the alleged debt, then they MUST communicate by email. And so they did. I got them to acknowledge I had revoked their implied right of access to my property and they agreed nobody would visit. They even responded to my CCA request by email, which I was subsequently able to completely destroy. I haven't heard from them since. -
Hi, I made a new thread because this one seemed to keep getting missed. Can anyone help with this? I have a number of possible reasons to apply for a set aside: 1. I was medically unfit to attend court (can get GP evidence) so didn't get chance to defend myself. It would be in the interests of justice to allow me to. 2. Judgement probably doesn't say it deducts any payments I had made to the Claimant between the date they submitted their claim and the date of the hearing, therefore the amount cannot possibly be correct 3. The Claimant promised to withdraw their claim upon receipt of payment from my and the negotiation of an arrangement to pay 4. TBC: My application for adjournment may have not been seen by the Judge Are these good grounds to seek a set aside? The Claimant was willing to settle for a significantly reduced amount after much negotiation. Could this be used too?
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Hi Andy, Yes it's the same case.
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Hi, My local court recently held a hearing between myself and a payday loan company. Neither party attended and the Judge ruled in favour of the Claimant and dismissed my Counterclaim. Five days before the hearing I sent form N244 to the Court to ask for an adjournment on medical grounds. I explained my reasons and sent some supporting evidence (although this was not a letter from my GP). The Court returned my N244 stating that a court hearing can only be adjourned in one of two ways: 1. By written consent of all parties 2. By order of the court It was my intention, by applying, to gain a Court order for adjournment as I was unable to get consent of the Claimant. Why would the Court return the form to me? It should have been obvious what I wanted to do! The letter stated: "Your current email/letter will be placed on the court file without any further action. If the court does not receive any application, as above, then the hearing will go ahead as planned. At the hearing the Judge will consider your email/letter and make an appropriate order which may include continuing with the hearing in your absence". The hearing of course went ahead. In the letter I received with the Judge's decision, no mention was made to my application for adjournment. Is there any way I can check this was even taken into account by the Judge? Surely with neither party attending, but one party declaring they are medically unfit to attend, the Judge would give benefit of the doubt and adjourn? What are my options now? How do I appeal? Can I get it set aside? There is no way I owe anywhere near the amount claimed by the Claimant. I do not feel justice has been carried out.
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Reclaiming Aqua credit card charges
mike00 replied to mike00's topic in Halifax Bank and Bank of Scotland
Hi ims21, I understand I may have to take court action to get these charges back, although the DCA might take court action against me first. If that happens, would these charges and interest then form a suitable defence? The value of the charges + compound interest (which I believe is in 'restitution') is £200 greater than what they claim I owe. -
Hi All, I received a response to my SAR from Aqua/HBOS today. Total charges: £468 I have an old spreadsheet which I believe I found on these forums. It takes the date and amount of each charge and then calculates compound interest (based on my own APR of 35.95%) for these charges. Can I reclaim the charges and this compounded interest? If so I can reclaim £706.22 Any links to template letters would be much appreciated! My account has been sold to a DCA if that makes any difference?
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Cash Genie automatic rollovers
mike00 replied to mike00's topic in Cash Genie and associate companies
I got an alert from this thread. The user lesly had success reclaiming some money from Cash Genie, but there's no post here? -
This is all over Twitter now. Martin Lewis has picked up on it. One user, @abeislegend, was able to get through to QuickQuid on the phone and they say they've had 1000s of emails reporting this problem.
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Please don't do this, simply for the sake of QuickQuid's other customers. If enough people report this email as phishing, then Google will start moving it to the spam folder. It's a fair bet this email is exactly the same as the legitimate ones they send out to customers who actually are in arrears. By reporting this to Google, you could actually make it so people never see this email.
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Yes, it does make you question if these monkeys are even fit to hold their credit license.
