lol321, The following thread will help you: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/139373-consumer-credit-act-1974-a.html

shammy36, The most important thing here is that she must be able to prove her agreement with GMAC to pay £150 as additional to her contractual amount. I assume the negotiated payment was documented. I would not encourage phone calls to GMAC. From now on, if she has not done so already, all communications should be in writing and sent RECORDED delivery. She should refuse to discuss matters on telephone and request written responses. I guess the idea that their solicitor was not attending court was a verbal telephone conversation which is undocumented. She may not know or remember who she spoke with at the time. I will suggest she renegotiate with GMAC making sure that all communication is through letter. She must not offer to pay what she cannot afford. She should send all her letters using RECORDED delivery and keep a copy for her personal file.

shammy36, The most important thing here is that she must be able to prove her agreement with GMAC to pay £150 as additional to her contractual amount. I assume the negotiated payment was documented. I would not encourage phone calls to GMAC. From now on, if she has not done so already, all communications should be in writing and sent RECORDED delivery. She should refuse to discuss matters on telephone and request written responses. I guess the idea that their solicitor was not attending court was a verbal telephone conversation which is undocumented. She may not know or remember who she spoke with at the time. I will suggest she renegotiate with GMAC making sure that all communication is through letter. She must not offer to pay what she cannot afford. She should send all her letters using RECORDED delivery and keep a copy for her personal file.

Yes, Sale of Goods Act 1979 also apply. Supply of Goods & Services Act 1982 (As amended) states that goods supplied must be of "satisfactory quality". In your case, the item was not of satisfactory quality. Therefore, you must be refunded. If they fail to refund you, then follow it up as previously suggested.

mattz747, I suggest you make contact with letter rather than phone calls. With letters, you can send by RECORDED delivery to ensure it arrive and you have a proof of posting. Also, keep a copy for your file. The information you provided in your thread above should be constructed into a letter of complaint. In your letter, tell the company what you expect them to do to resolve your complaint. If you want a full refund of your money, say so with a deadline date. In the header of your letter, state the following: Dear Sir/Madam Supply of Goods & Services Act 1982 (As amended) I purchased .......

Everyone should BEWARE of [problem] e-mails purporting to be sent by the bank or offering free money. If it is too good to be true then take heed.

unauthorised overdraft fee and the Paid Item Fee are classified as penalties for the purpose of claiming back bank charges. Different banks tend to have different description for the same charges. Claim them back.

123vivienneb, As you may already know, if your mortgage is in a promotional period, say two years fixed or variable rate, there may be tie ins or limits to excess payments you could make. You need to read your mortgage agreement to know what it says about lump sum payments and the fees payable for breaches. The mortgage company will not be happy if you change your mortgage while the promotional period is still on. That is why they set Early Repayment Charges to prevent early redemption of your mortgage. But check your agreement well before your next step.

Some relevant Case Laws on Breach of Contract: a) In the Scottish case of Castaneda and Others v Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. b) The level of Claimant’s recovery in this case is not to profit as defined in Teacher v Calder (1899). c) In Surrey County Council v Bredero Homes TLR April 1993 CA the Developer purchased land from the Council and covenanted to develop it in a certain way. In breach of the covenant he did not do so, but obtained planning permission to develop in a different way. The Council sued for the amount they might have received for agreed modifications to the covenant. The starting point or the conventional rule was that the remedy for breach of contract was an award of damages and damages at common law were intended to compensate the victim for his loss, not to transfer to the victim, if he had suffered no loss, the benefit which the wrongdoer had gained by his breach of contract. The Council had suffered no loss and therefore was only awarded nominal damages. d) The natural (Hadley v Baxendale (1854) 9 Ex 341) sum due to the Claimant for the Defendant’s breach of contract.

I am still wondering why the OFT is taking forever to come up with the result of its investigation. In July 2008, the Judge was not particularly happy about OFT's delay in publishing the result from its overdraft investigation. I wonder what it is waiting for or may be it has nothing to publish.

You are not suppose to be sold PPI as a self-employed. That is mis-selling. The same rule apply to contractor, unemployed and retired persons because they will not be eligible for any payments from the PPI if they cannot meet debt repayment.

fishtank1, First, Ratiomoney is a business. Beware of anonymous callers wanting to sell you anything over the phone. Are you sure it is Payment Protection Insurance? If you took out a loan from Barclays, it would be a good idea to request the credit agreement from them. I hope you are not refering to monthly account fees. Barclays charge monthly account fees for providing you a bundle of their services like overdraft, travel insurance, free legal advice, etc. You may not be using the services but you maybe paying for them. Check the information on your bank statement and make sure you agree with the content. If you do not agree with the content, you can discontinue the bundle of services. But be warned that the bundle may include an authorised overdraft limit and if you discontinue the bundle, they will take away your authorised limit. Check your bank statement.

No. PPI means Payment Protection Insurance. I do not think there is a substitute name for it at the moment. You can claim back PPI but you need to read the guidance to know what to do.

The following link could help: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/83035-guidelines-requests-original-agreement.html Good luck

100mel, You need to be calm. If you are scared, you will lose your concentration. You need concentration to go through this. You may not need a Barrister after all but let us know the situation. I assume you have not issued any court claim at this stage. Do not be scared. Do not be in a rush to issue court claim. Give a clearer information about your case and you will get guidance from here.

Try this link to help you complete the N149 form: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html Good luck

vinnychoff, Form N149 is the Allocation Questionnaire for small claims track. You are expected to complete it to allow the judge to decide the case directions. You do not need to enter the Particulars of Claim (POC) at this stage because you have already written your POC when you started your claim on Form N1. You do not need to submit evidence with your completed Form N149. That will follow later after the court sends the Notice of Hearing. But you must pay the allocation fee if it applies to the amount you are claiming. If you are on benefit, ask the court for guidance. If you are claiming £1 to £1500, you do not need to pay allocation fee. If you are claiming between £1500 and £5000, your allocation fee is £35. Read FAQ for more information

johealey, The template library is here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ Please do ensure you read the FAQ for more information: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13 Do not be scared. The banks will try to fob you off but be persistent and follow the rules here. Good luck

Of course, you can SAR Southern Water. They collect personal data and therefore they have legal responsibility to abide by the Data Protection Act 1998. Good luck.

The address from Companies House should be the legally correct one to use because the Director of the company and the company secretary have legal responsibility according to Companies Act 1985 to ensure all their company paperwork are correctly filed. Good luck.

The bank charge case is not ended yet. The banks may appeal the last court judgment. I think things will be clearer towards ending of July. For now, you can still request your money back but the court will put your claim on hold pending the end of the test case. The banks are still applying the charges. The OFT will reveal their suggested fair amount during July 2008.

The OFT should go for it now by setting a date to reveal the result of its investigation. OFT is dittering on this matter. It has had more than one year to come up with something. Surely, they should be aware that is more than enough time.

The mortgage industry is currently chaotic to say the least. However, some people are still getting mortgages. Circumstances differ and some people escape with high interest rates rather than outright refusal. I will suggest you see a fee-free mortgage broker near your locality. Fee-free means that they provide free advice with no obligation to buy anything until you are completely satisfied with the product they are able to find for you. They are available on the web too. Remember that your partner may become aware of your secret debts when you approach the bank or mortgage broker for a joint mortgage. You cannot hide your "rubbish history" from mortgage companies - you have to show your financial commitments in your mortgage application. The banks will also do a credit search of you and your partner's data for joint mortgage application. Be very careful about keeping debt secret from your partner. If he knows about the debt, he may help you clear it. The bank's assessment for mortgage will take your existing debt commitment into consideration.

I would not call this an honest mistake because they are supposed to be the accredited expert in MOT testing. If they make mistakes, they are liable - honest mistake or not. I will suggest you ask for your refund from the Manager of the garage and tender a copy of your new MOT. This is Step One (according to VOSA link). If they insist, follow further guidance from VOSA link (Step Two) provided by Conniff. Be ready to follow the steps from one to three according to VOSA. It should not cost you more money. Good luck.

Vina, You may consider moving your current account to another bank. Try Alliance & Leicester, I understand they have some good deals. Collect some info from Post Office or their website [COMMERCIAL LINK REMOVED]. Good luck