Jump to content

stuckinarut11

Registered Users

Change your profile picture
  • Posts

    324
  • Joined

  • Last visited

Everything posted by stuckinarut11

  1. It's time to regain control of my life. I have worked out my current unsecured debt is around 15000. This includes a ccj for over £2000. I do not meet the criteria for an administration order as total value of debt is over 5000. I have read the stepchange and cab website for information. What are the disadvantages of the order apart from the 6 year credit file marker?
  2. This matter has been resolved. A settlement agreement was agreed with the lender. I think they realised I was not going away
  3. I am a fighter and I believe strongly in fair justice. I may be one human being but I will not be a silent victim to such an unfair injustice
  4. Apologies, frustrated typing. 2006. The date this account was opened in my name is 2006, the claimant were very clever in brushing this off based on the limitations act. How can I Be legally in a contact at 15 years of age despite this the account was paid by my late relative until 2008. Furthermore the assigned third party conveniantly one may say erased the data from 2009. FREDRICKSONS INTERNATIONAL the assigned third party were informed I had vacated the property. A dispute dating back to 2006 was dragged through the courts dated 2009 to 2015 and it's nothing but a major injustice Did I not mention that on 4 separate times in 2010 and 2011 the water firms own agents visited the property and reported property vacant. Also During the period above I had 2 separate council tenancies both of which water was paid in my name
  5. This country and its justice system never fail to shock me, the claimant have successfully obtained judgement on the basis that I failed to inform the claimant of my vacation from the premises. The judge has FAILED to address any points in my defence 1. The start date on account is March 2006, I was 15 years of age and also the account was in my late relatives name until 2008. 2. Information recorded on my credit file is inaccurate and in line with principal 4 the information was a breach of the DPA I will be issuing an appeal on the above grounds. Due to limitations act the account is charged from November 2009 at which time the account was assigned to Fredrickson international who were informed of me not living at the address, I argued that as the claimant had assigned Fredrickson i have fulfilled my obligation of notifying the supplier of my move, furthermore during the period in question water rates were charged on 2 separate council tenancy's. I did advise the judge of my intention to appeal and was advised your appeal application is disallowed you can write to the circuit judge. The legal representative in this case is a partner in a London based law firm, he live in Wales and has a keen interest in rugby the judge also shares this interest. Advice urgently needed please
  6. Thanks One thing I'm not happy with is he refused to here my counter claim regarding the default as it had no merit until a decison had been made on the liability itself. I was informed that if judgement is in my favour I am at liberty to commence a claim at that point
  7. Decision will be forthcoming within 14 days. A telephone hearing is going to be set up to hear the decision. Hearing wad led by claimant's solicitor and I was put under total scrutiny. Documents not disclosed were attempted to be used as evidence. Emotions did get the better of me after 2 hours and I said to judge is this his personal case or am I to have a chance to speak he is asking questions constantly when you have called me to read my statement when will I be able to speak. After 2 hours we adjourned for 10 minutes I was then given 20 minutes to state my case. I am confident in that 20 minutes enough was said to raise doubt. The whole claim is that I have an obligation under the water act to inform the service provider of my change of address. They claim as I failed to do so I am liable for all charges. I argued that I did infact inform Fredricksons who were the appointed third party for the claimant Furthermore Charges were paid on 2 council tenacys and had the water board been due diligent they would have noticed this. Judge questioned them on this and final argument was that I failed to notify welsh water directly. It ended with the statement of while the claimant direct may not have been notified which is neither accepted or denied I am positive the third party representives were notified the reason I am so sure is that they constantly rung me and demanded monies by menace and on each occasion they were informed that I no longer lived at the address. It is argued that I met my obligation of informing the claimant of my move by advising Fredricksons. The claimant refused to accept this however I do belive the judge was swayed as he asked if the claimant had checked if Fredricksons have any record to which the solicitor said no we have not checked. I'm confident the outcome will be in my favour however I can't second guess the judge
  8. Thanks Andy Can anyone assist with one last minute question please? In the circumstances liability does stand at around £800 however to date I have not had an accurate bill Furthermore requests to split the account so the disputed amount could be managed separately have been declined. Is there any legislation or case law I can reference that it would not be fair to have a CCJ registered for any less than the claim amount. Once I have an accurate bill for the liable period I will make arrangements to pay however any payment I could have made prior would only have gone to pay off monies I do not owe. I don't want a judgement for £800 when they have claimed over £2000 Any advice be greatly appreciated
  9. To put this to bed as the ongoing police investigation and forthcoming crown court case is enough to deal with. I have signed a record of conversation stating I will store numbers in my mobile phone and if events like this occur again make immediate contact. They also documented they have a duty of care aswell as business impact. It was not mine or my colleagues decision to make and had we had the decency to contact them they would have advised the police we could attend individually
  10. First time dealings I know for next time we were met by cid as soon as we arrived back in station
  11. We stated we needed to go back to work and we're told no uve just witnessed a serious crime we need your statement so your detained for that purpose at this time we were locked in back of police car. Driven to station both interviewed and then left to walk back to work
  12. The office is secured by a card pass reader to enter so once the door is closed you can only enter with a card. Regardless of policy we were detained so had no option to return to the office
  13. No I have not received any such training as to locking closing the office
  14. Times of incident 2am to 5am Senior staff member informed at 7am followed by an email within 24 hours. I'm not going to be petty on this but when we initially left at 1.55 we were on lunch break, I was 1.45 to 2.30 and colleague was 1.30 to 2.15
  15. No it's a high rise building, multiple office block with 24 hour security
  16. Yes they were made aware of the issue at 7am. Which I considered to be a reasonable time to make contact considering the incident had no business impact. 2 days prior to this investigation a staff member was caught leaving work early so I don't know if this has been raised the fact that jxxx and myself left the office for 3 hours. They also know I've conducted an identity parade Furthermore the area as sealed off by police the whole of following day directly outside the office.
  17. Background Work night shifts in a city centre location. Work for a leisure travel firm Incident During a shift mid April a colleague and myself witnessed a sexual assault and a GBH attack section 16. I am limited to info due to ongoing proceedings. After the attack we immediately rushed to the aid of the injured party and sought assistance as we witnessed events we were asked to do a street identification, we were then detained and taken to the police station to provide an immediate statement due to seriousness of events witnessed. We were absent for a period of 3 hours. We made contact with a senior member of staff at 7am to advise them of events. Issues Investigation meeting for misconduct for leaving the office unattended and not registering a break when we left the office. Advice on how to proceed needed. This investigation has been brought 3 weeks later. I have since conducted an identity parade and will be a witness in crown court shortly
  18. I was homeless sofa surfing. I have late 2011 bank account statements for another residency. It's hard to obtain records. 2013 is when my life got on track prior to this I was homeless sofa surfing and suffering from unmanaged mental health issues. My statement has already been submitted. Hearing in 12 days They know where I was between 2009 and 2010 as they have obtained a solicitors repossesion letter to confirm the date of possession of the address which was July 2011. They have a newspaper article linking me to this address on 2010. They can't argue I lived there and their defence is purely that water charges were not levied in my name at the said dates this is not disputed as they were paid by another party. 2012 Is the year missing. As I was literally here there and everywhere. Council tax and Electrol roll confirm June 2013 as date commenced at address liable for this debt. They are claiming charges from 2009 in the basics that I didn't inform them I moved out
  19. Claim is from 17th November 2009. Just had a flash back to phone local authority which has reveled the below. Final hearing is in 12 days. Any advice How to proceed? ?? Further to your request for details of you address history, please find attached confirmation of the dates of your tenancy at 6 Ty Mxxxel and a copy of the tenancy agreement: 6, TY MxxxxEL – From 17/09/2007 – 05/10/2008 I can also confirm that you had been placed in temporary accommodation at the following addresses at the dates below: FLAT 2, 10– from 19/07/210 – 08/08/2010 FLAT 2, 11 – From 30/08/2010 – 24/10/2010
  20. Thanks, account start date March 2006 I was 15 years old. They have a default registered now. I'm hoping to avoid court just as to a quick resolution
  21. I would like to propose a payment of 50% £1080. Payable at £45 per month over 24 months this offer is made without any admission or liability. *If accepted I would request proceedings were stayed until full payment made. Alternatively I would propose that my application for the water assist scheme is reviewed. This is where the debt is halved after 6 months payments and cleared after 12 months this would be the favorable option to bring the matter to a conclusion sooner. My offer for the water assist scheme would be £50 a month for 12 months. I have discussed both these offers with Cc water. Prior to putting them forward to yourself. It will.remain argued that I have no liability to this claim prior to June 2013. I hope an amicable agreeable resolution can finally be sought after 3 years. There reply Dear Sir, We have taken our client’s instructions and your offer is rejected. Our client would, however, be prepared to settle the proceedings on the basis that you pay you the full amount of £1,947.70 together with the issue fee of £105.00 and fixed costs on issuing £80.00. The full amount of £2,132.70 would be payable at an agreed rate of £45 per month until it is paid in full. If any instalment is missed the remaining entire balance would become immediately repayable. This offer is made in full and final settlement of all claims in the proceedings only and would not, of course, compromise any ongoing liabilities in respect of services provided by our client. If this is acceptable we would propose that the terms are set out in a Tomlin Order (form of consent order) and filed accordingly at court. The £100 consent order fee would be added to the debt owed by you set out above. We look forward to hearing from you. Yours faithfully, Counter offer. Without prejudice* I do have to reject your offer of an amount payable of £2232.70. I would however accept your proposed terms for the amount of £1500.00 payable at £50 per a month I have a current plan of £40 per a month so total payment would be £90 per calender month. The claimant does need to accept some liability for the mismanagement of the account. If accepted the default would be removed in entirety and information recorded based on the agreed payment plans only.* All adverse data is to be removed.* I hope we can amicably compromise on your proposal.* I look forward to hearing from you. Regards
  22. The rejection was denied and the FOS have agreed on this point. I can understand your thought process for your previous rejections of the car not being something that 1st Stop can rely on. However 1st Stop is within its rights as a company to decide who it wants to do business with, and I don’t necessarily believe that it has a legal requirement to do so It only only since I raised the fact they had lied about a sensor being replaced has their position changed. It was only by contacting the FOS that information was forthcoming. If the rejection was accepted I'd appreciate the situation however it was declined and then suddenly the lender decides no more and ends the agreement ......
  23. Thank you for waiting while I’ve been looking your complaint. I’ve considered everything that you and 1st Stop Car Finance Ltd have sent me. However I won’t be asking them to do anything more, which means regretfully I won’t be asking them to arrange for the car you agreed to purchase to be returned to you. * I know this isn’t the answer you were hoping for. But I’ve explained below why I think this is the right outcome – taking into account everything that’s happened. * Your complaint relates to a car that you purchased from Trade Centre Wales (TWC), which was financed through 1st Stop Car Finance Ltd. * You’ve told us the car was returned as there were a number of faults. The ABS, traction, and handbrake light were illuminated, and there was a loud clicking noise in engine when car running idle. You’ve also mentioned that you reported issues with the brakes, however you believed this was linked to the traction light. * In your letter to the Financial Ombudsman Service you’ve explained that the car was returned on 9 March and an email to allow 14 days for repair or rejection under the consumer rights act 2015. You letter goes onto mention a 21 March rejection letter and letter before action served to 1st Stop, but the rejection being refused as a part was on back order with the dealer. You’ve explained that you confirmed this yourself with Toyota. * You’ve then explained that on 4 April there was a notification of complete repair and on 5 April Automotive Consulting Engineers LTD conducted an expert independent report paid for by 1st Stop on your request to accept the car. * The car was delivered to your home address on 6 April but you were not in to accept collection, and on the same day you mention a vehicle inspection report supplied by 1st Stop. And this report identified a fault relating * An issue that you’ve raised is one concerning a safety sensor on the car that you were led to believe had been replaced. Which you say it transpired that it hadn’t been replaced.* The engineer’s report from Automotive Consulting Engineers LTD does refer diagnostic equipment revealing a fault code relating to the steering angle sensor. *You’ve suggested that 1st Stop were prepared to compromise with your safety. * More recently you’ve raised an issue over your credit file being affected by searches carried out by 1st Stop. * With regards to me not recommending that 1st Stop arrange for the car to be returned to you,###@@@ I can understand your thought process for your previous rejections of the car not being something that 1st Stop can rely on. However 1st Stop is within its rights as a company to decide who it wants to do business with, and I don’t necessarily believe that it has a legal requirement to do so.###@@@ * Based on what 1st Stop has said you’ve not paid a deposit for the vehicle or any finance payments. If this isn’t the case and you can provide evidence to show that a payments been made, I’m happy to look into this issue further. As I know from your correspondence to 1st Stop reference has been made to your request for the first payment to it being returned. This doesn’t necessarily mean that I’d change my opinion that 1st Stop doesn’t have to arrange for the car to be returned, but may have a bearing on the return of any funds you can demonstrate you’ve paid towards the car. * With regards to the issue over the sensor on the vehicle, and you’re believe that 1st Stop were prepared to compromise with your safety, thankfully no incident happened as a result of this, but I don’t have any evidence that the issue with the sensor could’ve potentially caused an incident in which your safety would have been compromised. So I can’t make any recommendation of compensation for this. * Turning to the issue with your credit file being affected by searches carried out by 1st Stop, I’ve contacted them regarding this. The response that I’ve received is that you’ve recently applied to Evolution Funding for another car loan. And there are a broker and use a panel of lenders, one of which is 1st Stop. You’ve subsequently been searched by Callcredit and Equifax by 1st Stop. * This is the response that I’ve received and obviously as this is the first time you would have seen this response, you can come back to me if there’s anything you want to add on this point. * 1st Stop has made an offer to you to reimburse you for some costs you’ve referred to incurring with switching insurance, if you can provide receipts of this. And as a gesture of goodwill it’s offered to give you £200, but it’s a condition of their offer that you return the V5 document for the vehicle that you have.* I don’t think these were unreasonable offers. * I would add that given the circumstances of this complaint and the timeframes involved, and the issues with parts being on back order, had no offer of monetary compensation I’m not sure that I would’ve recommended monetary compensation. * If you don’t want to take your complaint further, you don’t need to reply. * But if you don’t agree with what I’ve said, please let me know why by 26 April 2016. I’ll look at any new information you give me and let you know what I think. * If we don’t hear from you by 26 April 2016, we might not be able to look at your complaint again. So if you want to reply but you think you’ll need longer, please tell me as soon as possible.* * In every case, both the business and their customer can ask an ombudsman to make a final decision. But I think it’s unlikely the outcome would be different – unless there’s any important information that you haven’t already given us.* * If you have any questions, please get in touch. * Regards The FOS AGREE that the rejection can not be taken as termination. At seems that due to no deposit being paid the FOS claim I have no consumer rights. Email from lender 7th April however the declined to return the car on the 8th. we are not in a position as the Lender to offer any warranty this request is declined. However, this does not affect your statutory rights as per your terms and conditions. * We are prepared to offer £200.00 as a goodwill gesture and for you to contact Trade Centre to arrange a convenient time to return the vehicle to continue the agreement with payments commencing 1st May 2016. This is our final offer. * If you are prepared to accept this, as previously offered then please confirm by e mail. I shall in turn request that the Trace Centre contact you to arrange delivery of the vehicle. * Alternatively you can reject the vehicle. * Regards
×
×
  • Create New...