issue resolved

Hi All, I have two mobile phone contracts with EE and both are insured. I lost them on the night of Thursday 1st Jan and made a claim on the 2nd Jan. The insurance is through a third party 'Lifestyle Group'. I was advised my claim required me to fill out a Claim form which they emailed me later that day. I then called up Lifestyle Group and asked an agent if it would be ok for me to sign the form using an e pen to save me having to print and scan the form, i was advised as long as the signature looked like my signature there would not be an issue. The claims process takes 3 working days and can take longer for complicated claims according to Lifestyle group. After 3 days I had no contact so I called to chase the claim and was advised I needed to sign it using a pen after printing and my claim required more info and they had sent me a letter. I asked why I wasn't called or emailed as per the instructions I provided numerous times and they advised me they tried but couldn't get a dial tone. This is a total lie, my phone was working and I was waiting for the call. I re sent the claim this time with a signature after printing and scanning and also complained to the CEO of Lifestyle group I also included senior staff from EE and Allianz (the UW). The CEO replied saying the matter would be investigated and complaints are taken seriously etc. I was then contacted by someone from customer relations who said she had listened to the calls and at no time was an e pen mentioned and the claim was with the assessment team and they couldn't provide any timescale whatsoever. I explained on the second call the advisor had not been through my details so the call would not be logged on my account and as such without listening to every call on that day how would they be able determine if an e pen had been mentioned. I then chased them up today and the customer relations team advised the claim was still with the assessment team and they could not provide any time frame for a decision. she also offered me a £20 cheque as redress for the e pen issue and said it was because I feel misled and they weren't able to trace the call. I am thinking of sending a follow up email but I have now been without a phone for a week, is there anything I can do? Can a insurance company say we can take as long as we like??

thanks guys i really appreciate the replies, I think I will check to see if the Ts&Cs say anything abt refurbed handsets and get it repaired depending on that. It would still be interesting to know where I stand with this as a consumer, do I not get the same rights as with a new product............I guess it depends on if the handset is new though.

Hi Guys, I have a contract with EE and also pay a hefty £15 p/m for insurance, they have neevr let me down before and always replace handsets the next day which is why I stay with them. At the end of Nov I phoned to report my phone lost and a replacement was delivered on the 1st Dec. I have just realised now that it is rattling and I am not happy that after having the new one for just a month it appears to be faulty. I think this is a common fault on i phones where the battery becomes dislodged. I phoned them today and the cust service rep advised me as I was out of a 14 day window they would on replace it by re charging the excess, alternatively they offered for me to go into a store for repair. I feel they should replace it free of charge. Am I being unreasonable? Should I expect a replacement as its only a month old? What are my options? thanks

thanks theoldrouge! appreciate the info.

heres a pdf any legal experts, ppl that know abt writs, and police involvement if they report it stolen

ive attached the first page of the writ it looks pretty official to me, any help please would be appreciated guys, really worried right now esp if the police get involved

This is a writ with a high court stamp on it, issued by Reading District Registry of the High Court. Maybe they are able to do this as I previously signed a consent order?

I was in the process of applying for a time order and today an agent from Burlington Group visited my parents home saying they are reporting the car as stolen today. He also dropped of a writ from county court. Can anyone help me immediately please? Can they report the car stolen if we are in a dispute? Must I had the car back?

heres the statement its got all the charges/payments etc to date, no other charges from what I can see

here's the attachment, thanks for all your help

COMPOUND INTEREST CALCULATOR PERSONAL DETAILS CLAIM CALCULATION Claimant Name: Total of Charges £690.00 Lender Name: Moneybarn Compound Interest £174.40 Account Number: Claim From: 05/02/2013 Claim To: 21/05/2014 Total £864.40 Interest Rate (APR): 49.00% "Date of Charge" Description "Amount of Charge" "Number of Days Elapsed" "Compound Interest" 03/04/2013 Bounced DD £25.00 413 £14.26 06/06/2013 Payment not received by DD £25.00 349 £11.60 04/07/2013 Payment not received by DD £25.00 321 £10.50 16/07/2013 Default Notice Served £25.00 309 £10.04 09/08/2013 Payment not received by DD £25.00 285 £9.13 27/09/2013 Payment not received by DD £25.00 236 £7.35 03/10/2013 Payment not received by DD £25.00 230 £7.14 03/10/2013 Default Notice Served £25.00 230 £7.14 12/11/2013 Court Costs £175.00 190 £40.37 18/12/2013 Recovery Agent Costs £270.00 154 £49.47 02/01/2014 Court Costs £45.00 139 £7.38

dx100uk what is the procedure for reclaiming fees?

the consent order says I return the car and pay the remaining balance if I breach it I'm not arguing the consent order per se, as I see it I have two options - argue the consent order is invalid as I did not send the whole signed document back and just the final page (a long shot I think) - apply for a time order given that I am sick and have medical documents and proof of this. What do you guys think? Is a time order the only option here? Can anyone spot any other options?

Hey Sequenci, I'm afraid total repayments are below 1/3

Hi dx100uk I think I might not have explained as well as I could -I was sick earlier in the year they asked for the car back -We agreed upon a consent order of £600 p/m which I knew and told them would be very high but they pretty much told me it was the only way to keep the car - They included collection charges in the consent order amount at the time - I failed to meet the agreed terms in the consent order so they asked for the car back - I explained I was in hospital and sent all relevant docs to prove this - They asked me about how much SSP I was getting paid and my monthly outgoings and how much I could afford to pay - I told them £50p/m until I am back at work and on my normal pay (keep in mind I am signed off indefinatley until I can get treatment on the NHS) - They said £50 p/m was unacceptable to them and they wanted the car back I am not sure if I have a case but could the consent order be invalid if it included charges? Is there any point I can argue to keep the car?

Hi Guys, I got in a bad situation with my car finance with Moneybarn at the start of the year (due to health reasons) , they ordered for the car to be handed back. At the time I managed to argue my case and we settled by me signing a consent order to pay approx £600 p/m for 6 months to clear the current arrears and then resume my normal monthly repayments which is closer to £250. I did ask them to lower the amount of £600 at the time as I felt i was being forced into a corner but they didn't agree and I signed the last page of the document they sent me and just hoped I would be ok paying the large amount for 6 months. I then fell ill again, Moneybarn asked for evidence at which point I supplied them sick notes and copies of my MRI results and a letter from my doctor confirming I am sick and that I was in hospital. I am currently on statutory sick pay. Moneybarn asked me to carry out a financial assessment and the conclusion was I could afford £50 p/m until I am back at work. They have now ordered for the car to be handed back again. Am I well and truly stuck or do I have any way to fight these guys? Over the dispute they have also added charges for collections agents on the bill and it is growing larger and larger. Should I give up and hand the car back or can I fight this?

nope not on any benifits, just have a debit card and direct debit facility.

are banks known to close you down and cause issues? Is this why you are advising I get paid into a different account?

Hi Guys, I am typing this in a state of frustration after being on the phone to someone at Santander and them being not helpful at all. I am incurring charges month in month out with Santander if its not one thing its another. Today has pushed me over the edge as I had a credit of £100 put into my account by a friend which was taken due to the account being overdrawn due to 2x UNARRANGED OVERDRAFT USAGE FEE of £100 and £50. I have tried to be careful this month and was surprised to see these charges, then I was advised these charges are from last month. This now pushes me into the red again which means I can expect more of the same next month. Santander are charging me every month if its not for UNARRANGED OVERDRAFT USAGE FEE its for Failed direct debits etc (which I have now cancelled). I understand it may be my fault that I go overdrawn but I feel like they are keeping me in the red and I feel these charges are unfair. The advisors on the phone just keep telling me I had charges waivered 1.5 years ago and thats all they do as a goodwill gesture and the charges are outlined in my terms and conditions. Is there no way for me to fight these charges? today has really tipped me over the edge with Santander.

hey guys, I just got the below email, what do you guys think? Good Afternoon, After reviewing your account and letter dated the 11th November 2013 a route that maybe available to you whereby you remain in the vehicle and Moneybarn receive payment is a Consent Order. A consent Order involves: • A voluntary agreement between ourselves. • Payment of arrears plus court costs being spread over 3 months (on top of your monthly instalment). The payments will subsequently revert back to your normal monthly instalments. • We will inform the court of our arrangement and they will confirm our agreement and cancel the upcoming hearing. • We can send out the relevant paperwork to you immediately. • However, if you miss a payment under a consent order you will lose your right to keep possession of the vehicle. • Therefore we strongly advise that you read the consent order thoroughly before signing. What we require from you: • A phone call or reply to discuss the matter further. • Proof of employment- (to ensure that you are in a position to maintain payments) I hope this gives a clear picture of what we can offer you. Kind Regards, seems pretty reasonable to me, what do you guys think?

I emailed the letter to Moneybarn too and have a reply already. Good Afternoon, We can confirm safe receipt of your email with the letter enclosed. We will be in contact with you in due course with a definite answer to your proposal. It will be within the next week as there is a hearing regarding the matter on the 7th January 2014 I have also just been advised by my parents that Moneybarn have indeed sent county court paper to my house to attend a local court in January.

Hi Ell-enn, The car is on private land and wont be accessible to anyone. I will read the other thread after work today and look into applying for a time order. Thanks for your help and I will get back to you guys with Moneybarns response.

Hi what do you think of this letter??? Does it cover my points well? Is there anything I have missed out? I saw a BOS being mentioned in the other thread but dont fully understand it, can anyone explain what that is and if it would help me in this scenario. Dear Sir /Madam, I am writing with regards to a recent call from an investigator who advised me he had been assigned by Moneybarn to recover a vehicle (REG Goes Here) , covered by a conditional sale agreement between myself and Moneybarn. I am writing to seek an agreement for the full amount in arrears to be spread over the next two months and make a promise to stick to the payment schedule thereafter. I understand the conduct of the account has not been perfect to date however I believe the extenuating circumstances which led to this should be considered before imposing the levy of repossessing the vehicle. Over the last ten months I have been out of employment for two months and was in between jobs for a month. I also had to pay my previous employer back an amount equating to a month’s salary for a travel season ticket which they had originally funded. These factors have led to me falling back with my payments. Furthermore I have been charged £200 by Moneybarn over the course of the agreement to date, for late payment charges. Having to pay these in addition to the mentioned extenuating circumstances has resulted in the situation we are at today. I would like to take this opportunity to apologise for not being able to make all payments as per the arranged schedule. Looking at my account statement it is however clear I have never tried to avoid payment and have paid larger payments including excessive and unfair charges on numerous occasions to try and keep my account up to date. I would request an element of understanding from Moneybarn who as a company that specialises in lending to people who have experienced financial hardship and have bad credit scores should understand my situation better than the average lender. I look forward to hearing from you soon, Kind Regards, My name goes here.

the total balance on the account at the beginning was 11,855.78, I have paid nearly 3000 to date and incurred 200 in charges made up of 8x£25, not good I know but I have tried to keep up with payments and have offered to bring the account up to date in 2.5 weeks :s