travisb
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Just to update. I requested a reconsideration back in July and just this morning got a reply. Took a while but worth the wait. [ATTACH=CONFIG]59926[/ATTACH]
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Yes, although only an estimate as I don't submit a final figure for my income until January when the tax return is done. I'm not sure if I did get an award notice, I'll have to have a dig through the big box of depressing documents to check. Surely though if they have been informed of any change it is there responsibility to deal with the information and act upon it.
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I've got a SAR prepared but I thought it might be worth just asking them for a copy of that particular call. Probably better just to go with the SAR do you think? No, I didn't ask why they were over paying because I didn't know. I assumed that since I had fulfilled my obligation to notify them of a change of circumstances they would have made the appropriate adjustment. They actually haven't said what the overpayment amounts to yet either . Thanks
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Long story short. Got a letter from HMRC saying we'd been over payed due to not informing them of a change in our son's circumstances. He had started a modern apprenticeship in October 2014 after leaving school. I phoned and informed them at the time but although they acknowledge the phone call they claim that no request was made to update our details, which is quite frankly absurd. Why else would I have been on the phone to them otherwise? Anyone have any experience of this or how to challenge it?
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Strangely there's no mention in their T&Cs about NCD entitlement being at their discretion. It just says that as long as they get paid you'll get it back. Bearing in mind that the other party admitted liabilty, what would happen if: They DON'T reinstate her NCD and she goes to another company and they ask if she's had any at fault claims in the past 5 years ? The answer would be no. Next question. How many years NCD do you have? The answer would be down to whether current insurer managed to get paid or not? I can't see that standing up to a challenge to be honest.
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Had a look at the T&Cs and it states the following: "No claim discount The following will not reduce your no claim discount: • payments made under Section 4 (Windscreen damage) • payments for emergency medical treatment fees under Section 1 (4) • accidents where you are not at fault, as long as we have recovered all that we have paid from those who were responsible. • accidents where you are not at fault and those who were responsible were not insured, as long as they are identified." I wonder if this has ever been successfully callenged. It seems to me to be a very unair condition of the policy.
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But that's the point. The other party admitted liability and the £350 excess was waived. So they've had nada. To be honest the bill they're chasing is probably quite a lot as they took 2 weeks to fix a very minor ding and gave her a courtesy car that cost 70 odd quid a day so I'd imagine they'll be quite keen to get reimbursed.
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I'll try to keep this as brief as possible. A while back some one bumped my wifes car while she was parked in a car park putting shopping in the boot. Other party admitted liability. Wife contacted her insurance and notified them but stated that she was unwilling to shell out the £350 excess and that she would wait till other party had contacted them to confirm liability. Eventually wife got a text from her insurance saying that other party had admitted liability and the excess would be waived. Car got repaired and returned. All good so far. Now she's been contacted by her insurance saying she will have to consent to their lawyers starting a claim action against other party insurers as they are now refusing to pay. Fair enough. What's got my goat is they're refusing to reinstate her NCD until they get their money back. In view of the fact that the other party have already admitted liability are they within their rights to do this?
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That's that out the window then. Thanks for the replies folks.
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Since they don't have my permission to publish my data by means of a signed and properly executed credit agreement is it maybe worth trying to get them to remove the default? They've been so very nice so far.
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Yeah, I've just double checked and the last payment was March 2009. Next question is: Do the CRAs remove it after the sixth anniversary of the cause of action or the actual default date?
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I am in Scotland. I should have said that.
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Having had another look at it the start date is recorded as Sept 2009. If I remember correctly last payment was made to the account in March 2009 and the first red blob was placed on it in April 2009. Am I right in thinking that it's now Statute barred?
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Another small update. Never heard back from Arrow Global's solicitors. I've had a look at my credit file though and AG have posted a default running from feb this year (2014). Are they allowed to do that with an alleged debt which is now statute barred?
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Just to update. On 14th Jan I wrote to the solicitors acting for AG stating I didn't acknowledge any debt and that any action they cared to raise would be contested. 2 days later they replied that they had put it on hold awaiting instructions from their client. Heard nothing since. Monday I got call (which i presume is in connection with AG) from someone claiming to be from Advants who did the 'confirm your details' stuff which I declined. She said they had lettered me regarding this very serious matter. I told her I had received nothing and wouldn't be discussing anything with her. Never heard of advantis so i'll await something in the post.
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Just to update. On 14th Jan I wrote to the solicitors acting for AG stating I didn't acknowledge any debt and that any action they cared to raise would be contested. 2 days later they replied that they had put it on hold awaiting instructions from their client. Heard nothing since. Monday I got call (which i presume is in connection with AG) from someone claiming to be from Advants who did the 'confirm your details' stuff which I declined. She said they had lettered me regarding this very serious matter. I told her I had received nothing and wouldn't be discussing anything with her. Never heard of advantis so i'll await something in the post.
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Nothing occurred at all. Apart from initial letter stating they had aquired the account and another stating they had reassigned it to MBNA they made no contact whatsoever.
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Thanks for the replies Oleg. I'm pretty sure the CCA is defective. It doesn't automatically follow that Judge will agree though.
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OK. Thanks Oleg. I'm fairly sure i'll be using the shoddy CCA as defence if and when it goes to court. I'm just unsure as to how I should respond to the last threat of court action.
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How do you mean wage slips Oleg? I've still got the letter somewhere (i've still got everything somewhere). I'll dig it out and have a look. As I remember it was "blah blah ... we are commited to helping you pay off your debts... blah... we work in conjunction with partners who may be able to help you... blah blah... if you do not wish further info about this please complete and return the bit at the bottom"
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Do you mean the one with the tear off part at the bottom that you were supposed to sign and return if you didn't wish to be informed of any financial products that might be of interest? Yes. I've got that. I assumed it was some desperate attempt to obtain a signature to be honest.
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Yes mate. The default notice is dated Sept 2009 but the first missed payment was March.
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Arrow would drop the odd letter. In their first contact they stated Optima were handling it, then they wrote again saying it was Scott Co and then just before Christmas they contacted me again stating another firm were handling it. The last lot are the only ones who have contacted me. They didn't. The only notifications I got were from MBNA. Strange I know but that's what happened. Here's the last letter from MBNA before they sold account to Arrow.
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sorry andyorch.
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I apologise for starting another thread about this, but I thought it would be simpler if i condensed things a bit. I'd be really grateful for any advice. Anyhoo... to cut a long story short. Old BOS credit card from 1994 was transfered to MBNA in 2004. In 2009 I requested and received a copy of the original agreement. I then stopped making payments on the basis that the agreement was most likely duff. agreement here Since then the account has been transfered to several DCAs and debt purchasers who didn't even bother asking for any payment before passing it back to MBNA. Just over a year ago it was sold to Arrow who have handed it to various solicitors who didn't bother contacting me. Their most recent solicitor sent a letter at end of December 2013 asking me to contact them which I ignored. They've now sent me a letter to the effect that if I don't offer some kind of arrangement they're taking it to court. text of letter here The last payment I made to the account was March 2009 so it's weeks away from being Stat Barred so I'm guessing this is why I've had this recent flurry of threats. Anyone got any advice on the best way to go with it? Thanks for looking. bosccagreement.pdf
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