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  1. In the first instance, don’t delay…but whatever you do….don’t rush into issuing an injunction (more on this in my second post). Why has my car been taken? In most cases, the vehicle would have been taken because it had been identified by a bailiff using ANPR (Automatic Number Plate Recognition) in relation to unpaid penalty charge notices owed by the previous owner. Why this happens is because the warrant carries upon it the vehicle registration number of the vehicle involved in the parking contravention. Will the bailiff company give me my car back? Unfortunately, without documentary evidence being provided to support the sale, the vehicle will be unlikely to be released. Why is this? Bailiff companies frequently come across cases where a vehicle has ‘allegedly' been 'sold’ in order to assist the ‘real owner’ evade payment of their parking debts. In other words, it can be fairly common for 'sales’ to be ‘bogus’. It is vehicle owners such as these, that are to blame for genuine purchasers being required to provide so much documentary evidence. What do I need to do? In the first instance, ask a question on the bailiff section of the forum. If your car has been taken, you will need to contact the enforcement company as soon as possible to make a Part 85 Claim . This claim must be submitted within 7 days . Almost all companies will ask you to provide the following five items as evidence. Most of the larger companies have their own set Questionnaires. V5c Log Book If the purchase was a recent one, this document can be difficult to provide as it can take up to 4 weeks for the new V5c to be processed by DVLA. If this document is not available, you should provide the tear off New Keeper supplement from the Log Book. Proof of Purchase. If payment for the vehicle purchase had been made by bank transfer, this is ideal. If payment had been made by cash….this can be problematic. Most enforcement companies will request evidence by way of a bank statement showing cash being withdrawn a few days before the purchase. You will also be required to provide a copy of the sales receipt. How the purchase came about. If the car was purchased via eBay, Gumtree, Auto Trader or a garage etc, then a copy of the advert and receipt will be required. If the purchase has been via a friend or relative, this can be problematical. Once again, please post a question on the forum. Copy of vehicle insurance. This will be one of the most important documents. It is a criminal offence to keep a vehicle on a public highway without insurance and all enforcement companies will require some evidence that the new owner has obtained insurance within a day or so of the purchase. If the vehicle is not kept on a highway, evidence of SORN registration should be provided. Evidence that road fund licence has been purchased. Most new vehicle owners will tax their vehicle online with DVLA and will either make a one off payment or monthly instalments. A copy of the bank statement evidencing that road fund licence was obtained around the time of the purchase will need to be provided.
  2. Hi - just wondering if I could get some advice. My daughter's boyfriend upped and walked out one day leaving the tenancy (in both their names) and a pile of debts. All credit cards were taken out in her name (about £15k), money borrowed from us (her parents) which amounts to £3000 and utility bill debts, some of which are in both their names. The last thing he took with him was a phone that she had recently taken a contract out with (because he was denied credit) and has consequently run up a bill amounting to £100. She mistakenly thought that he would be reasonable and they would come to some agreement regarding the debts - he has since said that he didn't sign anything (regarding the credit cards and the money owed to us) and would not be discussing this further. She has now blocked the SIM card but hasn't blocked the phone as he has stated to police he has the phone and will give it back with witnesses. This was over a week ago and he has made no attempt to give the phone back. The police have said they will not act in retrieving the phone either. I've said to my daughter that the best course would be to add the phone to the long list of money that she won't get back and get the phone blocked as well. Does anyone have any other suggestions? I'm perplexed how some people just have no morals whatsoever!
  3. Hi all This one's a worrying departure from companies generally steering clear of taking people to court for old/possibly dead debts - Hoist Portfolio Limited (HPH2 Ltd) have had a CCJ issued on me for a years old debt that may be statute barred. *If* it is the debt I am thinking it is, it is from an old bank account and is an amalgamated loan, overdraft and credit card debt that I had when leaving them after I lost my job and became very ill. I had already made several years repayments on it while it was in the black, but then became unable to continue and had to default. I sought advice from CCCS and established I could not afford to pay them any more than a token £1 a month payment. Some time later, my father came into some money and kindly offered to settle it for me. I also had another debt so he divided the money up in a percentage between the two as advised by CCCS. The other company happily took the offer, this bank declined. He made them a second offer. They declined. We explained I was in ill health and would never be able to pay it back in full so they really should accept the offer as it was all they were likely to get and the offer would not be on the table forever etc. They declined. I am afraid I do not know the dates of any of this, only that it is several years ago now. I wrote to them asking them to correspond with my father not me as I was in poor health and could not reply in a timely manner. Several other companies bought the debt, my father made the first two or three the same offer, they all declined, we did not hear anything for about two years. Enter Hoist. They have decided 1) not to contact my father but myself and consequently I do not have most of their letters as 2) they also have the wrong address on their letters, the address of the 'main' building I live in, not the actual address so I have not been getting them. The first letter I did get was one from the court telling me they had issued a CCJ against me! immediately confirmed it was real and contacted CCCS (now Stepchange) who advised me to write to the court asking for motion to put aside, which I did and also sent a CCA request to them, which they returned with the postal order and no documents. still do not have the documents (August). the hearing to set aside is on Thursday, which I just found out, since they are STILL sending the letters - including the court - to the wrong address! made it quite clear in my reply they needed to address the letters properly for them to get to me. was not aware that there would be a hearing to decide if we were to have a hearing. presumed the judge would look through the letter I sent and decide. After digging through the junk mail, found a letter from Hoist, who said they will not 'challenge' this hearing to set aside, which is very nice of them, as long as I started making payments. They still did not enclose the documents I requested. the hearing is on Thursday am I was wondering if there was anything I should know/bear in mind from other people who have done this. My defence is 1) sent to the wrong address 2) asked to correspond with my father due to my ill health and have ignored request 3) they have added interest to the debt when I was told 'once it is amalgamated interest and fees can no longer be applied, so that's one good thing about this'. 4) the debt may be statute barred 5) I have asked to see original docs and they have ignored request 6) if this is the debt I think it is - my Dad made several offers which they declined, and he explained that they could either take it or nothing, and they declined. So...well... 7) it may not even be a real debt or mine - I need to see the docs, which they have not sent. My name is actually very common, it is not completely impossible. I guess I go there on Thursday in my best suit and go through those things? It is really having a terrible effect on my already terrible health and I am so fed up with the whole thing. I believe we have tried our best to come up with a solution and it is not my fault that I became ill and unable to pay. Our offer was fair and certainly, for a debt co who probably bought it for 15 per cent or whatever, I do not understand why they have chosen this route rather than the money. Thank you all in advance for your help. These forums are literally life-saving. xxx
  4. Hi I work for a small business which has no HR department. It's a combination of the administration manager and the finance department who deal with any HR related matters. I'm leaving the company and have asked for a note of my remaining holiday entitlement. They are saying I have no remaining annual leave as I've taken it all. I haven't. I've only taken 5 days. They say I've taken 16 days (I wish). I can prove that I was in the office on the days they say I was on annual leave but it's a proving to be a battle. When I first handed in my notice I was told I had quite a bit of remaining leave. As soon as I say I want to use some of it, it disappears. Can they take away holiday entitlement? What are my rights as an employee if they refuse to correct their records? The holiday year starts on the 1st April, I'm leaving in October. This has happen before but with sick leave. I was reprimanded for taking too much sick leave after being off for 3 days with the flu. When I asked to see my sickness record they had me off for 8 days. Again I could prove I was in the office on the additional 5 days. They only corrected their records when I threaten to get the union involved. I don't want to do this again, I want to leave peacefully. It's a great company to work for, it's just a shame that the HR side is in a shambles. I'm the only person who carries out the type of work I do. It does create problems when I'm not in the office. Holiday requests are a chore and when I do finally get a holiday my line manager is constantly on the phone and e-mail asking me to do work. Booked holidays are cancelled at the very last minute. Same with sickness. Those 3 days I took off, they were constantly checking on me each day. Even when I was sat in the doctor's reception - every 10 minutes, "have you seen the doctor yet?"!! My theory is the additional sick leave was a ploy to ensure I didn't take anymore sick leave in the fear I would lose my job. Needless to say, this disappearing holiday entitlement does not come as a surprise. Thanks B
  5. I have sent Halifax a CCA request several times over the past year, which they seem to be ignoring! This card was taken out in the late 1980's I'm guessing they are having difficulties retrieving any documentation. I have spoken to the Financial Ombudsman and they say they cannot force a company to produce documentation they do not have. If I raise a complaint with them they can only ask the same way I have. They have not sold the account, they have passed it on to a DCA to manage the account who are now demanding a massive increase in the monthly payments. Without the contract I do not now what my rights are. So, what should I do next? Thanks in anticipation sidley
  6. Hi I only just noticed that £13.99 had been taken from my Santander123 cureent account by Ancestry.com via DD !!!!!! I checked the DD and it states it started on 29/07/16 and i most DEFINITELY did not start/confirm this Direct Debit. Thus far they have taken £13.99 on 29/07/16 and today 02/09/16 !!!!!! How do i go about cancelling this, i can not recall using this service !!!!! I have an excellent credit rating and am more worried about it effecting that. Also i have no details of an account with them, so would not know how to even 'log in' to cancel it on their site. Anyone advise. Thanks Little update, i had full info on the DD, it has been taken by - Payee name: GLOBAL COLLECT BV RE ANCESTRY.COM I have NEVER authorised this !!! Anyone advise ? Thanks
  7. On behalf of my sister. Can anyone advise please. She was on Facebook and clicked on a pop up offering products for free with only p&p being required. At no time was she directed to a website or any Terms and Conditions and there was no mention of it being a free trial. Three weeks passed before her credit card company rang to say she'd been charged £200. She explained the situation to them and they said that because she'd opened the products and been using them it was impossible for them to do anything and she would have to take the loss. They did stop any future payments. She's now been in contact with the company directly. At first they denied everything and accused her of not reading the T&C's. Now they've offered her an £80 refund under the condition that she doesn't seek a refund from any other 'body'. First question is did the bank act correctly? Second question is how to deal with Stemologica? Should she accept the offer or keep fighting for the full amount? It's the first time we've experienced this type of [problem]. My Mother and I were also caught out but we returned the products unopened and received a full refund of £50 each. It was the same [problem] but they seem to charge different people different amounts. Any advice greatly appreciated
  8. I was caught stealing at tk maxx today. It was a very foolish thing of me I admit. Something that costed £7.99 and I didn't want to pay for it as I had already purchase worth £70.01 at tk maxx and didn't have enough money for what I wanted. I took of the security plastic tag off the box and put the item in my bag while I got busy with my daughter as she was crying and kicking a fuss. I continued to checkout with all my other items amounting to £70! Then left the premises. A security came running down the stairs and spoke to me saying I believe you have something in your bag which you haven't paid for. I said ok let's check I opened my bag and saw the item then remembered I put it in my bag. I forgot about it as I spent nearly 2hours in the store looking for lots of things. He escorted me to the back security room and asked me to place everything not paid for on the table. I then placed the only item that was in my bag worth £7.99!! He asked me did you steal the item. I said I didn't mean to they were so rude and shouting. He then said look I'm calling the police and I cannot wait for that woman to tell me. Then I was obliged to say I stole it so that he doesn't call the police. Then he cut off the phone and said to me if I admit I stole it I said yes and started talking again he was angry saying that I'm fed up now I'm calling the police cause you're not ready to tell me. Then said that how are you going to explain to your partner if I call the social services because you stole £7 your daughter got taken away!! I stayed quiet and didn't wana say anything so they don't call the police. Now reading other threads I guess there will be a letter coming for me to pay for god knows what because the item was left un damaged. Shall I tell my partner �� I'm scared. I do not work to pay off any money to anyone. Please help me. They took my ID CARD with my details on it . And forced me to take my provisional license out of my wallet to show my address.
  9. Good Evening Forum Once again i am being taken to court by a doorstep lender. I had a loan with them paid in full then took a small loan with them again which they failed to turn up and collect, The whole reason i took the loan as its convenient and i am a full time carer so don't really get out much to do anything so really handy them coming to my house. I have explained to the company the reason why payment was not made and they said it was my responsibility to make sure i got them money to them, I explained that its a doorstep loan and agent should of called, They wont admit they done anything wrong or restart the payments again considering everything. I received in the post a money claim for £175.00 - I have done the AOS already Particulars of claim is vague how can anyone possibly make a defence around its particulars these are exactly how its written also there is no solicitors costs so assume they are doing it themselves Particulars of Claim Defendant has defaulted on repayments of an unsecured loan with this company There is no dates, no reference numbers, account numbers this could be for a loan already paid off nothing is clear?? The deadline ends tomorrow, I have done the AOS so now have till the 18th May to submit defence Any advice on what i should do would be so much appreciated Regards PCR
  10. Hi all, first time poster but long time lurker and admirer! I am a former Bank worker (not Halifax) so know a little about complaints procedures but now need your help. For background - My partner was formerly in an abusive marriage. Her ex was emotionally, financially and physically controlling. All of this is documented in court papers and he is not allowed to see my partner's child and has no parental rights. During the course of the relationship, the two of them opened a joint bank account with Halifax (before he became completely abusive). My partner's debit card was at some point confiscated from her by him so she had no access to the account. During this time he attended a branch, obtained a form and forged my partner's signature in order to obtain a £2750 overdraft limit on the account without her knowledge. She had no knowledge of this overdraft (which he maxed out in really short order) until after the divorce proceedings had begun and he had had a restraining order placed on him. Halifax began sending chasers for payment to my partner. She put in a formal complaint which was rejected by Halifax and followed it up to the FOS which was also rejected. Naturally she wasn't best pleased attended the local Halifax branch where the Branch Manager managed to bring a copy of the document she had allegedly signed up on his screen and showed it to her. She then showed him several other documents with her signature on and he confirmed that it was clearly not the same signature or even close. He promised he would look into it and get back to her. Unfortunately he never did. After she chased him twice by email, he just stopped responding. My partner suffers from severe anxiety and depression as a result of the marriage so naturally thought this would be the end of it and simply put it to the back of her mind. This all happened before I met her. The current - Fast forward nearly two years with no correspondence from Halifax to March of this year. My partner received a letter from Halifax confirming that the account had gone past its OD limit and they were now expecting payment of the £86.54 arrears from her. We wrote a formal complaint email to the CEO and requested a DSAR so that we could have a copy of the signature. This was picked up by someone in the executive complaints team and we've been going back and forth with them requesting confirmation that my partner is not liable for the debt (as it was taken out fraudulently by her abusive ex) for the last 4-6 weeks until yesterday when we received what appears to be their final decision. they've completely ignored our request for a copy of the signature (although we are still due to receive the DSAR within the next 4 weeks), completely ignored any points we've made regarding the financial abuse, completely ignored everything - and now the account is being passed to collections, a default is to be registered against my partner and she has been issued with a formal demand for repayment as the account is "jointly and severally liable". As a former bank worker myself, I understand this point but surely this is invalid if we can prove that she did not sign for the OD? WHAT DO WE DO NOW?! I feel like we did the right thing by only corresponding via email/letter and emailing the CEO direct but I just feel like Halifax are completely steamrolling us and insisting she pay this debt. We've tried the local paper (and told Halifax we are contacting them) but so far nothing. Any advice you guys can give would be really appreciated
  11. To cut a long story short, my car broke down 4 weeks ago. Took it to my local garage who, after 3 days, diagnosed burnt exhaust valves. This shoudl take less than a week to fix and put back together. However they still have the car, in bits, after making various excuses about things going wrong, the latest one today is they need to take the head back off and send it to a machineing shop for some more work, and I 'should' have it back early next week. This will be over a month since I first took it to them. I've completely lost confidence now in their ability to fix my car. Do I have any rights re; taking my car back in its current state, would I be liable for any repair/parts costs? Thanks for any help
  12. On 14th March, I received a letter from Nat West Fraud department asking me to check the recent transactions on my credit card. I hadn't used the card for the best part of a year so I was immediately concerned by the letter and sure enough I logged into my account and found two transactions (19th Feb & 26th Feb) which I didn't recognise and which totaled just over £3600. There was also a £12 charge added by Natwest as an over limit fee since the transactions took the total above my credit limit. I immediately contacted the Fraud Dept using the information on the letter, and confirmed both the transactions as fraudulent, at that point I was also told of another attempted transaction on 3rd March which they had blocked and which had triggered them sending the letter, I hadn't made that one either. They then confirmed that they now had all of the details that they needed and that the transactions would be refunded within 5 days, they also mentioned sending a letter to me to sign in order to confirm the details. As of typing this, I haven't had a refund, nor had the letter which they wanted me to sign and return. On 18th March, a Direct Debit was taken out of my Bank Account to cover the £3600+ balance on my Natwest Credit Card, despite them being reported as Fraudulent 4 days earlier. I found an article online which said that although investigating the actual card fraud may take a "reasonable" amount of time, interest shouldn't be charged and payment shouldn't be requested by the card issuer until proof of liability was determined and provided. However Natwest decided to cheerfully take their payment, clearing the balance on 18th March, before any conclusion has been reached and whilst the investigation is clearly still ongoing. I contacted the Executive Office stating that it was two weeks since the fraud was reported and making an official complaint regarding the balance on the card being settled prior to any investigation being concluded, and telling them that I wanted the £3600 restoring to my Bank Account whilst the matter is still under investigation. This was met with a reply from the Executive Office, stating that my complaint had been received, apologising for me being mislead in relation to the amount of time I was told that it would take to investigate and refund the transactions and stating that it would probably take a further ten days for them to now investigate my complaint. Needless to say, the £3600 hasn't been refunded to my Bank Account, and that point has been entirely ignored. So my first question, is it ok for them to collect payment for Fraudulent Transactions from me after they have been reported and before any investigation has been concluded?, advice from other sources suggest that it isn't and that I should continue to pursue the refund, but where can I go to with the complaint next?, i've already complained to the Exec Office and I believe that the Ombudsman won't investigate until Natwest address my official complaint, and reply to it, which they effectively have eight weeks to do. I don't really care how long it takes them to investigate the transactions, provided they remain just a balance on the card statement, its the fact that i'm now £3600 out of pocket for card payments which I didn't make whilst Natwest drag their heels investigating the fraud, and now, also address my complaint. I've also reported it to Action Fraud and passed on the Crime Number to Natwest on my complaint to the Exec Office.
  13. I have just received 2 attachments of earnings for old council tax debt. One is for £1070 the other £72.50. My monthly take home pay is usually around £1800 and this month I have been paid £1300. I have been on an online calculator and found out that they should have had £317 for the first order so with this takeb off I would have been paid £1483, even if the entire amount of the second order was deducted I would have been paid £1411.50. I called them and they even said that I shouldn't have paid this much but in a word tough! Is there anything I can do. I was expecting maybe £300 and budgeted accordingly but this has left me very short and if they do the same again next month I don't know how we are going to manage. Surely if the law says 17% for each order thereference must be something I can do? Please help back to work tomorrow and am very worried
  14. I face a massive fine I can't pay because I ticked the box on my prescription saying I was eligible for free prescriptions. This is because I am on working tax credit I asked the chemist if this meant I got free prescriptions (I was on benefits years ago, i forgot how it works with prescriptions). He said yes, and I ticked the box and got my fee prescription. Then I got a letter saying I was being fined (including what my prescriptions should have cost) £139. I realise, having tried to appeal unsuccessfully, that the onus is one me to read the form and know if I am eligible or not. Fair enough (not really as I've read a lot of accounts of this happening and by now chemists, dental nurses etc, should have been told that they shouldn't falsely tell someone they will be free, they should either have the right information or be told 'read the form, I cannot tell you, and if you get it wrong they'll fine you £100+) but the fine is so excessive I can't pay and feel it is unfair and don't want to pay. You can tell me I am in the wrong if you like, and should pay. But my question is has anyone actually been taken to court to recover the money? I've looked around the internet and can't find anyone who has. So what if I just don't pay, what will happen? Thanks.
  15. Hi there, I have an old student loan from 1996-1999. I informed the SLC/Student Finance that the debt was statues barred three years ago and they left me alone. I started working for the NHS four months ago and today's payslip has a deduction for Student Loan repayment on it. I have never given permission for anyone to do this as I do not acknowledge the debt. Where do I stand? Many thanks, M
  16. There is an announcement about this at the top of each forum but if anybody wants to discuss any concerns or flag up any problems that we have not yet become aware of, then please do it here on this thread.
  17. I contacted an ebay seller before Christmas regarding the purchase of FIFA coins for my son. He promised me that he would be online on Christmas Day so that he could email me the details. I spent £79.99 and seller has not responded. My son has not received his much anticipated FIFA coins and the seller has ignored all my emails. I contacted both ebay and paypal to be told that they do not cover electronic downloads as part of their buyer protection scheme. I have been left in limbo. The money has left my account and I have nothing to show for it. I have emailed the seller stating that I would like a refund as my son has bought FIFA points elsewhere. What can I do? I would appreciate any help you can give me. Thank you.
  18. Ten percent of all court fines relate to using a TV without a valid licence. It is a sad fact that the vast majority of people who receive a visit from a TV Licence Enquiry Agent ignore the summons and the accompanying Means Form. A large percentage of people subject to these fines rely upon state benefits. In almost all cases, the person receiving the summons should respond to plead guilty. In doing so, 'credit' will be credit (which will be a reduction in the standard fine). Secondly....it is vitally important to complete the Means Enquiry Form (as outlined below). The following is a copy of an excellent post by a Magistrate that featured on a 'blog' today: "Went in to Court today to fill a gap in the rota. I found myself in a non-CPS court dealing with TV licensing offences, and local authority Council Tax cases arising from non-payment of the tax. http://magistratesblog.blogspot.co.uk/2015/12/this-isnt-what-i-signed-up-for-three.html
  19. Hi I joined a Gym called Fitspace during the first Month a double payment of £11.99 was made to them . I only realized this when i checked over a week after it was taken out via my bank statements. This indicated to me that it could happen again as I was not contacted by the gym regarding this mistake. I sent a letter to by Bank and to Fitspace stating that the Contract had been breached as the contract stated the first payment of £11.99 will be taken out on the 16th of August 2015. however a double payment was taken out on the 17th of August 2015. I expressed that i have lost trust in the Gym for making this error and not following up to rectify the mistake. I received an email from Fitspace apologising for the mistake, instructed me to cancel my DD immediately by 27th of August 2015 and they offered me a free month if i was to rejoin. The reason for the double payment was a duplicate account was made, which i have no idea on how that happened. Then on the 3rd Of September I received a letter from harlands stating 'We write to you to confirm that your duplicate membership has been cancelled and the duplicate payment has been credited against your missing August installment on your live account. The terms of your Membership Agreement mean that you have to repay all your installments by Direct Debit. Therefore, you must call Harlands Helpline immediately'.... I chose to ignore the letter and received another letter on 20th of October saying that they have added admin fee leaving me at £31.99 in arrears. I chose to ignore this letter also. Then on the 20th of November 2015 i got another letter stating that they have added a further £20.00 charge which is leaves me at £63.98?? (dunno how they did the maths on that). They further threatened me saying that further charges will be added if i do not contact them by 4th of December 2015 and the balance of £159.90 will be passed on to a DRC who will add their fees onto my account. So i have written out a letter but before i send it i wanted to check up on it with the experts (YOU GUYS ) 26/11/2015 To whom it may concern I am writing to you regarding the lawful cancellation of my FitSpace membership, Fitspace reference number: First of all my argument against you is that Fitspace has acknowledged the mistake made by them and allowed me to cancel the membership on terms of breach of contract. They asked me to cancel my direct debit immediately by the 27th of August. They also offered me a free month if i was to ‘re-join' with them. The word 're-join’ confirms the agreed cancellation of my membership. No disputes were made by them about having to reinstate by direct debit because they know just as well as you do, if the contract is breached I am in my legal right to cancel my Direct Debit. I have this written in Email sent to me by Fitspace which i will attach to this letter. I hope you realize under The Protection From Harassment Act 1997 you are breaking the law by sending out these invoices in the pretext of bills/debts. You have no power or authority to do so, if you choose to continue with harassment I will be forced to report your actions to the Trading Standards and to the CMA. I would also like to notify you that I entered in a 12month contract with another one of your Gyms (Xercise4less). If this harassment continues I will most certainly be cancelling my membership at the end of the contract with Xercise4less . Also I was told by Fitspace that the double payment would be cancelled but it never was. I did not chase this up as I wanted to leave with a good gesture . Also do not attempt to settle me with further ‘good gesture payments’ as I am absolutely aware that I do not owe any money and I did not break any membership agreement as you argue against me. If you genuinely believe I owe a debt then do not hesitate to skip all the nonsense and pursue this case in court. I hope you are aware of a high court ruling where a judge openly said these gyms are out to take advantage of people and that there is no room for this kind of practise in business. Your Sincerely Il be looking forward for your sincere advice and help Thanks Jon
  20. I am posting this on behalf of a friend so please bare with me when im answering as I have to double check before I post replys. A letter came through the post this morning from County court money claims centre giving claimants name and address and listing myself trading as my company name with my address as the defendant. I knew nothing at all about this. They are claiming £414.90 plus £50 court fees for services rendered by the claimant for advertising charges on menu booklets. The defendant has failed to make the payments due on their account. The particulars state 'The claimant contacted the defendant on a number of occasions regarding the balance however no payment was recieved'. This is where it gets a bit odd. They claim I am the defendant and that I signed the agreement , they have contacted me on numerous occasions requesting payment. However, on the agreement they have provided as proof it has my company name and my company email address (which I have only now got back because my ex changed all my passwords), my ex girlfriends address, my ex girlfriends name, her telephone number and her signature signing herself as company sec. She has never been company sec or had anything to do with my company may I add. I contacted her and she admitted taking it out and signing it, she had even paid the first two payments out of HER personal account and has offered her statements to show this, she said she was trying to be nice and get more business for me. I knew nothing of this and because we have split up she has stated she is not paying no more and refused to deal with them so this has now landed on my doorstep . Do I owe this money seeing as I know nothing of it?, I didnt sign anything, I paid nothing etc. I have sent in the acknowledgement of service stating I wish to defend this however the place where they have registered this claim is over 300 miles away from myself and I cannot travel up there so will need to do it all online. Thanks
  21. Hi all, Please could you help with the following issue. Around the 25th Oct 2015, I was due to complete on a few property transactions after buying at auction. On one of them, the finance deal that I had in place collapsed and I was forced to find another method of payment and so my Dad and other family members to see if I could get some cash together. Fortunately, they were able to help and I got the funds through in time to pay. Long story short, my Dad went into his local branch and did a CHAPS transfer for £25,000 which the bank sent to me twice. At the time, I didn't know how much each person was going to send so when I saw two lots of £25,000 come in from him I assumed that £25k was the maximum he could send in one go (as it is for my bank) and that he'd done it twice. Assuming that it had come through from my Dad, rather than as a mistake, I spent the money on getting the place paid, some work done, and some other payments that needed to be made. My Dad then contacted Barclays after he saw two faster payments had been sent instead of the CHAPS that he had paid for after realising that he was now way overdrawn. Barclays have put the money back into his account as it was their mistake and not his. Since finding this out from my Dad calling me, I have made contact with the Barclays employee who made the mistake to arrange a solution. He told me on Tuesday that he'd get back in contact with me Wednesday after speaking to his team leader. This didn't happen. I've since tried calling twice with no answer. I had a look at my online banking today to make a payment and saw that the balance I had remaining had been taken by Barclays. I need the money in there to pay for bills etc so called Halifax (my bank) to ask why they allowed this payment without any authorisation from me or any contact with me. They have now put the money back into my account and are going to be in contact with Barclays to find a way forward. My questions are: 1) Is it legal for the bank to just take the money out of my account without contacting me? 2) Although I have no major issue paying the money back, am I legally obligated to considering it was their mistake and I spent it thinking it was given to me by my Dad? 3) I don't currently have the full amount available to pay back. What would be the suggested way forward if the answer to 2) is Yes.? Many thanks in advance for any help given, Alex
  22. I appreciate any help and advice I can get on my case as I feel I have hit a brick wall with Vodafone. I will try and keep the summary below brief. In short I sought to upgrade my old 12m contract to a new 12m contract and upgrade my old iPhone 6 to a new iPhone 6s Plus. I placed a pre-order, only to receive a 6s and not a 6s Plus which was delivered around 5 weeks ago now. Phone was returned promptly as possible. Vodafone charged me for the upgrade via direct debit and have yet to refund me for the returned handset. Furthermore they have not rolled back my tariff as I was advised to ask them to do, and there has been a problem with my contract dates, meaning they do not see me as being owed a new handset, believing I have already upgraded. My old iPhone 6 has been associated with this new contract and I have had problems unlocking it as a result, to this day I have not been able to successfully unlock the phone. So to summarise, I am owed £385 plus the difference of my new tariff versus my old tariff (approx. £10 for the 2 months that have elapsed), an apology for the sheer incompetent and inaccurate customer service wouldn't go amiss either. Given the time elapsed I will soon be considering legal action if not resolved to my satisfaction. Long version: On Sep 12th, 2 weeks before the release of the new iPhone I received an email inviting me to upgrade. I called customer services and explicitly placed an order for a 6s Plus and agreed to a new monthly tariff. On Sep 24th I received an email from Vodafone thanking me for my 6s order. I queried with customer services to be told not to worry and a 6s Plus was on the way. On Sep 25th I took delivery of a 6s and not a 6s Plus. I called customer services who told me I could try and return the phone to store, but would most likely need to wait for a returns bag which I was told should be with me within a couple of days. 1 week on and I had not received a returns bag. Another call to customer services revealed a returns bag had never been ordered for me, but one would be dispatched. Extremely frustrating, but this time a returns bag did turn up. It was also confirmed to me I was due to pay for a 6s Plus and not a 6s, so appeared to be a "picking error". I received the returns pack and posted the unopened box back on Oct 7th, and can see via tracking the package was signed for on the 8th. No confirmation of receipt of return was given to me, despite customer services claiming I would be sent an email or text updating me with the status. On Oct 14th I called customer services to confirm they recognised I had returned the phone, which they did. I was informed I would be charged for the phone in my next direct debit payment. I asked if, given receipt of my handset, they could reverse this charge, but they said no. I was told the refund payment would be processed within 72 hours, but to this day there is no sight of the refund. I was given the option of cancelling the direct debit payment (including the contract payment), which I declined as I didn't want to end up in a situation where I was showing a missed payment opening a whole other issue. At this point I asked for my tariff to be rolled back to my previous contract terms, and was told this would be done. On 15th Oct I was unable to make or receive calls, despite having full signal. I thought this might have to do with a tariff adjustment. On visiting my local store to home this seemed to be a network issue that was resolved 3 days later, but over this time I could not make or receive calls via 4G. No notice from Vodafone on any network issues. On 19th Oct I visited a store local to my work to check on the process of my refund, my tariff change and my showing of eligibility to upgrade. Nothing had changed despite being more than 72 hours since I was told these changes would take effect. On 20th Oct I attempted to unlock my iPhone 6 which was now past its 12m contract date, only to receive an email saying I hadn't yet paid 3 months worth of bills on this device. It then became apparent my old phone had been linked to my new contract. A further visit to my work branch saw me have to repeat the sorry story again, and this time the sales rep sent an email to "HQ" telling them what needed to be done. I saw him type the email and it covered all the necessary points. Despite promising to keep me updated, this individual has not contacted me once with an update. The manager local of the branch local to my home has called sporadically but hasn't manage to resolve any of the key issues. On Oct 27th I sent a recorded letter to Vodafone head office, detailing the above points, requesting I wanted the above to be rectified; a refund for the handset and the excess tariff charge, to be able to upgrade my phone and to be able to unlock my old phone. It has been a week now and the letter has still not been signed for. I cant recall sending a recorded delivery letter and it not being delivered within a couple of days. I called customer services last night on 3rd Nov, explained my story again and was told it takes 72 hours for a refund and they had been promising this for nearly a month. I told her I had written a formal letter of complaint and would be seeking further action to recover monies that I am owed if not resolved, to which she hung up on me. Throughout this process customer service has been atrocious, plain and simple. Lies is a strong word, but it would appear I have been told false information on numerous occasions. No one seems to be able to help, and no one I have been able to reach in the company has any authorisation to override what is a relatively simple mistake, and a mountain has been created out of a molehill. I have spent hours on the phone to 191 and would estimate the average wait time is about 45 mins, and on more than one occasion I have been cut off. I will not hesitate to proceed with a small claims charge if need be. Vodafone have been quick to take money from me, and slow to refund, and have not refunded when they have said they would have. This has caused me some financial inconvenience as I have had to move money around to cover this handset charge that would usually be offset by me trading in my old handset. I would be extremely grateful if anyone with sufficient authority at Vodafone could contact me to resolve this (if this person even exists), and to also receive some advice on how I would prepare a case for a small claims court and what I should be looking to claim for. I would need to take a day off work, so would seek cost associated with this too. Beyond the financial aspects, I would like to receive an apology from Vodafone, for what is their error, but yet I am the one having to chase all loose ends to try and get a resolution. Thanks for taking time to read.
  23. Morning all. Bit of background, took a £150 payday loan from Cash Genie in February 2011 and kept rolling it over after paying my £45 per month. What also happened to me is that the solicitors starting taking monies from my account also. Spoke with them on several occasions to not effect. I finally managed to close in July 2012. Total loan was £150 and total I paid them back was £1267.80 to Cash Genie but another £980.60 was taken from my account by their sister form carter forbes. I was in direr needs then and had several other PDL's so robbed peter to pay Paul. I have finally sorted myself out and feel strong to challenge them. Would anyone have any suggestions as to how I do this? I have all the paperwork from my bank dates , times etc..Thanks
  24. Please if you could help me in getting my money from funkyclock [problem]: 28 Oct VIS FR FUNKYCLOC.CO LONDON 75.97 28 Sep VIS FR FUNKYCLOC.CO LONDON 76.06 after 3 day trial period which they took which is not mentioned clearly. I want my money back. Please let me know how to go about getting my money 152.03 GBP back.
  25. I run a local tyre shop. recently a customer rang up to buy some tyres. I ordered the tyres in for the customer and the customer paid for them over the phone. A couple of days later someone came to collect the tyres for the customer. Now i have a Chargeback letter from worldpay telling me that the customer never bought the tyres. I sent proof of the transaction to worldpay and they responded telling me there was nothing they could do and i had to pay the money back. I cannot get in contact with the customer, and the police refuse to help. What should i do?
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