Last year out of nowhere I received a warrant for execution for a CCJ that I had no knowledge of. It transpired that it related to an old overdraft with HSBC that I knew nothing about. The claim was filed by Lowell who had never contacted me regarding the debt at any time. I arranged to have the Judgment set aside and then proceeded to defend the claim. Judgment has now been found against me and I want to know if anyone can advise me as to what to do next. I have no knowledge of an account with HSBC and never used one. Lowell have not provided any application form showing that I opened it or used it. The only evidence they have provided is some copy bank statements from their own database. The account is in a variation of my name - not the name I used. I in fact had a different bank account at the time - have had it and used it for over 10 years. First question therefore - if they do not have an application form or any other form of official evidence - is that enough basis for a claim? I cannot believe that some print-outs from the claimant's own computer is sufficient evidence of anything but is there a legal authority on this point? Second point, the overdraft was "called in" in 2007 but the claim was issued in 2014. I disputed this as being statute barred. In response Lowell suddenly came up with a spreadsheet from their own computer database with payments supposedly made my me and therefore claimed that it was capable of being the subject of a claim. They have not provided any evidence linking me to these payments - they are just dates, amounts and say they were made by "standing order" (but no details of the bank they were made from). I have spoken to my bank and they confirm no standing order payments or payments of any kind were made on the dates they allege. Do they not have to show where the payments came from? I am now in the position where I need to decide whether to apply to have the Judgment set aside again and dispute it further but having already failed once I am a bit concerned about this. I cannot understand how they can have a valid claim when they have no evidence other than that mentioned above. How did the Judge find in their favour? I can't afford to make the application to the Court unless I have some solid evidence behind me to fight my corner.... . which is why I am posting on here. Can anyone point me in the right direction or give me some pointers on how to fight this? I have reported the account to Action Fraud but I don't feel that Lowell will investigate this properly as it is in their interest not too! If they find evidence of identity theft or fraud - then they don't get their money! I have also reported Lowell to the Financial Ombudsman as I think they are wrong to pursue a statute barred claim. Any help here would really be appreciated as I am at a real loss.

Hello, (Please excuse me if this has been posted in the wrong section). I recently found out I have a CCJ against my name and credit record etc. However the debt isn't mine, it is my Dad's, but we have the same name. I took a mobile phone contract out with Orange a few years ago (2010 my first contract), after a while I set up another mobile phone contract under my account for my Dad. After his two year contract passed EE (was Orange) contacted him for an upgrade, which he accepted but requested that the number and contract be severed from my account and a new one set up under his own name and details, which at the time EE said they could do so. Six months later my Dad's contract was cancelled and the debt defaulted. I only found this out a further three months later (November 15') when I tried switching from Orange (My contract was still under Orange) to O2 but they withheld my number transfer because of this unpaid debt. This is when we found out EE hadn't set up a new separate account for my Dad and kept the two mobile contracts under my account. When I tried to resolve this with EE they already sold the debt on to a collection agency. I left this with my Dad to rectify and repay. Fast forward to July 16' and the original debt collection agency had passed the debt onto another collection agency, and these guys sent notification of an application for a CCJ. During this time my Dad was recovering from severe health problems and ignored all these letters, thinking they were for him when in actual fact they had been for me. I only found this out when I applied for a small ( The judgement was made in my absence in August 16' as no defence was submitted. I contacted the County Court earlier this month stating this isn't my debt it is my Dad's, they referred us back to the debt collection agencies who then referred us back to EE who then referred us back to the debt collection agencies who referred us back to the County Court and the cycle continues. This CCJ should be for my Dad not me, we have no problem paying off the debt sum (around £580) but if I agree a payment and a certificate of satisfaction, the CCJ will still be on my credit record when it shouldn't be there it should be on my Dad's and I need the Court to change this. Now I know I've missed the deadline to submit a defence and ask for a set aside, but I am aware I can still apply for a set aside (sooner rather than later) so I can submit my defence on this CCJ (pretty much what I've wrote above) but my concern is paying for this application (an N244 form?) and it being rejected and having this CCJ on my record when it doesn't belong to me and affectively pausing my future for the next six years. I've been in regular contact with the debt collection agency and I would like to see if they'd agree to a set aside too as they're aware of the situation, the debt should be assigned to my Dad not me, but they may not agree to it which makes it a bit trickier with the County Court if they reject it too. I'm just looking for advice from anyone who has been in a similar situation, whether or not a CCJ can be changed to a different person (even if that person admits it is their debt)? Is the outlook of my next six years bleak? How do I pay the N244(?) form when I send it to the County Court? I appreciate your time reading the above and any feedback is most welcome, Thank you.

Hi all, I am considering starting an action against the DWP/Jobcentre in a County Court. A brief synopsis is as follows: I claim Employment and Support Allowance (ESA) and am in the Work-Related Activity Group (WRAG). I am required to take part in a "work-related interview" every six months. At my last "interview" my work coach offered to conduct the "work-related interview" over the phone instead of in person. However, when I asked the Jobcentre staff to fulfil this offer recently they simply refused. I asked for the Jobcentre to make a reasonable adjustment in this respect due to the fact that I suffer from various health problems and getting to the Jobcentre is unreasonably difficult for me. This was denied. Is this a matter for a County Court that needs to be issued against the DWP or is it a Employment Tribunal matter because the Jobcentre could be described as an "employment service" for the purposes of the Equality Act 2010: http://www.legislation.gov.uk/ukpga/2010/15/section/56 If this does go to a County Court what are the chances I will have to pay the other side's legal costs? I suspect the DWP/Jobcentre will aggressively defend this. Many thanks in advance.

Hi Guys I took out a loan in june of this year paid over half of the price for the car with cash......I have sadly lost my job now...but I need the car for getting to and from interviews and ultimately to get to and from work once I gain employment again I have noticed within the terms and conditions that I am not allowed to go bankrupt or seek IVA without losing the car?...I was going to see if Santander would allow a payment holiday giving me time to find a new job and carry on repaying the payments I still have the option of handing the car back and walking away but this would mean losing £9k, and also I have the option of making Santander obtain a court order to get the goods back.........what can I do guys obviously I don't want to lose the car?? Is asking to lower the repayments an option? or not?....is there anything I can do...thanks for reading my concern and any help would be very much appreciated Kind Regards Nick

Got a weird one here for you guys. In March i had a prang with a neighbour. I was driving out of our cul de sac and i stopped because the woman in the end house started to reverse. She carried on and i sounded the horn continuously, she stopped for a split second then carried on and hit my car. I notified the police as the woman's partner came out of the house and was very aggressive towards her and then myself. He later came to my door as we are neighbours offering me money for the damage but due to the car being leased from Motability i couldn't and my next door neighbour had to ask him to leave as i was getting very stressed and panicky. So the facts are :-- My neighbour damaged my car. Both myself and my wife were uninjured and the whole incident was witnessed by my next door neighbours. The woman driving the vehicle only had a provisional licence and was alone with a child in the car. The police are still investigating the matter. Today i got informed by my motability insurers that the other party claims that HE was driving and that I hit him and that because the two other witnesses apart from me and my wife are not independent because they live next door to me!! Even tho we ALL live in a small cul de sac with 9 homes. So my insurers are going to accept 50/50 liability!! I told them that in no way am i going to accept that and i was told that it didn't matter what i said, they will accept it because it is one word against another lmao. I have told them that it will affect my driving history and incur a financial punishment if i seek insurance after they accept. I have told that i will not allow any record of any liability to be entered against me on any records but they will not listen to me. I even told them that it was being investigated by the police and that by this guy saying he was driving, it was a serious offence but they said it was my word against his ............. where do i stand on this? I know it has no immediate effect on me but how on earth can they accept this? Like i could go up and bang into everybody's car in the cul de sac and say it was them and get away with it according to the way this bunch operate lmao. My argument apart from it being a total joke, is that RSA (my insurers) by accepting 50/50 liability are saying it was half my fault so he gets away with half liability and i get punished because if i seek insurance there will be a claim against me and i will be hit with more expensive premiums. What can i do??

So I was nightshift last night and woke up this afternoon to a letter from scott and co telling me that a summary warrant has been granted against me for unpaid council tax, thing is I don't have any unpaid council tax. I did have a small amount last year but that was paid off months ago. I called the council in a rage who told me there was no one available to speak to me but that my account was showing as up to date and they couldn't understand how this had happened, i could wait 45 mins (!) on hold or call back later. So I called back later and they have recalled it from the sheriff officers but are refusing to take the 10% court fee off it. The council are claiming there have been two late payments on the account and this is why this has happened, the first in April which I accept as I went on holiday and forgot to pay it before i left (i pay with a swipe card) so the payment was a week late, they claim a second late payment in june which i dispute but cannot prove, they say it was paid on the 4th rather than the 1st, surely even if that is true it falls within the seven days they give you to catch up with a late payment? I dont understand why if this allegedly happened in june am I just hearing about it now? Why didn't I get my second reminder letter from the council? How can a summary warrant be granted against someone whose account is up to date? and is there anything I can do about it? I am not happy about paying the extra 10% at all but at least they have recalled it from Scott and Co so I wont need to deal with them. Is it even worth fighting them on it or should I just pay the 10% extra and forget about it. Also they assure me this will not affect the mortgage I am hoping to get in the next few months, the bank have already told me I can have the mortgage I am just saving the deposit, please tell me they are right?

Hi all. Very briefly, my friend worked for an employer last year who paid him by bank transfer and never gave him a pay slip. My friend resigned at Christmas and since then has sent letters to the employer asking for payment for 2 days worked, 2 days bank holiday pay and 2 days holiday pay. He has since asked me to help him make a claim against his ex-employer. Evidence-wise, we have this: Original advert in local paper Bank Statements showing 7 bank transfers made to my friend's bank account starting on 11.9.2015 and ending 18.12.2015 totalling £4718 Copies of letter and email sent to employer Proof of receipt of letter. He is owed money for the last 2 days he worked (21&22 December 2015), 2 days holiday pay and 2 days bank holiday pay. He works this out as £9 x 8 hours x 6 days=£432 Is this the correct amount or do we work out the Tax and NI he would have had deducted? (although his employer, apparently, never paid his NI or Tax) My question is, do you think that we have enough evidence to proceed? And, if so, is an LBA the next move, detailing the above information? Thank you in advance, B

Hi All Summary: - I've had an agreement set up for 12 months with no issues from a debt. - Visited on 3rd August 2016 while on holiday by a HCEO, no 7 day warning in writing. Asked confidential questions to my neighbour - Visited again last Friday 12th at 06:45 am, again no 7 day warning in writing - He showed no ID, I let him in to stop any embarrassment and to genuinely sort out some confusion as a payment plan has been in place for over 12 months with no issues. - Outstanding amount before entry was £358 (oringal writ amount £2305.56), he demanded £1483.11 - Gave me no opportunity to speak with anybody from the claimants office - Served a writ - I didn't read it properly as I was in a panic with my daughter in the house - I had 1 option to pay in full, without hesitation and with no inventory made he grabs my car keys - We panic and pay the full amount £1483.11 with a credit card He leaves, leaving a trail of utter despair and emotional distress. I called the relevant parties at 09:00 the same day, the HCEO office decides to refund me £970 within 1 hour (when I mentioned the writ below) - Saying 'we dropped the ball' (the claimant and HCEO had no communication or understanding of my debt and the actual correct figures owed) From researching the past 3 days: - The writ was dated 28th May 2015 (expired) I never checked it. I've called the court who issued it and they confirmed it expired and was never renewed. - The actual HCEO who attended seemingly has no certificate according to the register I have made a formal complaint in writing but wanted to know if there is any consequence for a HCEO enforcing an expired writ? Also when a HCEO has no certificate? ...Can I take action? Appreciate any guidance. Thanks, garynansome

Hi I am sure plenty of members are aware of Labours National Executive Committees (NEC)decision to bar all members who joined in the last 6 months (100,000 people approximately) from voting in the new leadership race? That is unless you pay a £25.00 membership fee within the next two days? The questions I would like to pose are, a)Is it illegal to, retrospectively, change the constitution/rules to deny the’ new’ labour party members a chance to vote? b) How much would it cost to mount a legal challenge against their decision? c) Would the new Labour party members be willing to pay an extra couple of quid to finance the challenge ?( here is my £2) d) Would anyone from CAG be able to assist in setting up a secure holding account etc etc if required? Now whether it’s Mark Twain, “If voting made any difference they wouldn't let us do it.” Or Ken Livingston’s twist on it (I think?) “If voting made any difference they would ban it.” Both quotes and the labour parties NEC decision give me grave concern in this world of “open and transparent democracy”. Regards Biff

Hiya all, Personally I think that the fine I've received is absolutely unjustifiable on the grounds that it was completely unclear, even clear in the opposite way, that this spot was restricted- and every colleague/friend/family member I've consulted has agreed. However I'd like to sense check that before I waste any more time dealing with the glacial process of formally appealing it now that the informal one has failed. I was parked at the end of a cul de sac, which had no signage about parking. There were double yellow lines alone the sides of the street, but they appear to me to visibly not cover the end of the street (indeed everyone else has come to this idea, as the end of this street is regularly full of cars parked at the end). As the PCN and the rejection of my informal appeal only mentioned double yellow lines, It can't be anything else. Hopefully everyone can see my attachments; the first two less grainy photos are some of the ones I took to demonstrate the situation, which I sent along with my informal appeal. Long dead end street, no obvious double yellow lines at the end, no signage banning parking The third grainy photo is to me the most damning photo they sent as evidence. Interestingly the white paint splodge of no clear meaning right next to my car that you can see in my photos looks as if it could be a double yellow line due to the angle of his photo. I'm sure that this was absolutely a coincidence and I have absolute faith in the traffic wardens honesty and integrity. Only a cynical person would suggest that he's deliberately misrepresented the situation. So what do people think? I'm currently waiting until the notice to owner arrives and plan to make a formal appeal, but if people think I was actually in the wrong then I'd rather not waste everyones time. additionaly I'd be grateful if anyone could answer the following: Can I make a formal appeal directly even though I'm not the registered owner of the vehicle? The "Notice to owner" apparently has to go to the owner, is there a limit on what representation I can make by myself?

Hi Guys I've been granted a default judgment against a large well known house builder company for just under £5k. They initially filed an acknowledgement of service to defend the claim but failed to respond after I sent the particulars of claim. I took the next step to request payment immediately but would like some advice about the best way to enforce this judgment if they fail to make the payment. Can they still apply to have judgment set aside at this stage? If so, what happens next? Your help would be appreciated as I'm unfamiliar with these matters.

Afternoon all, I'll get straight to the point... one of the payday 'giants' has been unfairly processing my data for the last 3 years now and are unwilling to change their position. Hence, I am considering taking them to court. Here's what happened: - Payday loan taken out in 2013 - Couldn't afford it (like most), half of the sum due was taken out of my bank account, leaving the other half due - Been down the irresponsible lending and unaffordable complaint routes, both failed with FOS - The lender has never bothered to default the account, it is still in limbo today - Having checked my credit file, the lender has reported the account 'late payment' for the last 3 years I have contacted the ICO for some clarification regarding credit reporting, and I was advised that the 'late payment' marker should only be used for a maximum of 6 months, after which time the lender should either default or discharge the account. Keeping the account open in this current status is unfairly prolonging the length of time the entry will stay on file. With such accounts, unless defaulted accordingly, they could stay on file indefinitely, much like a credit card or current account. This is clearly a breach of ICO guidelines and the DPA. The lender has claimed their current reporting is an accurate representation of the status of the account and that they are "not required to provide a notice of default for this type of product". I'm not sure why they have said this either. As it stands, instead of this 28 day loan being removed after 6 years, it could stay on there for 9, 12, 15 years possibly.. you get my drift! I'm reluctant to escalate this to the FOS or ICO as from a lot of personal experience, they are extremely inconsistent and unreliable. Therefore, I'd like to go straight to litigation. The thing I'd like advice on, is which legislation(s) to use, i.e. just the DPA or include the CCA and ICO/FCA regulations. Also, as the lender is way past the legal timeframe in which they can default the account, and I'm sure they can't default it retrospectively, is it fair for me to request the account be removed in its entirety? I've seen others also request damages upto £1000, but I'm not sure how they have reached this sum or proved the sum justifies the damage caused. Any advice about the best way to go about this would be great! Thanks

this is about a Vehicle that needs around 3,500 - 4000 Costs in Repairs or a Full refund. its been over 2 Weeks since I sent the required Extra Information to Claims Team that they asked for . Today I received this email. "I have checked with management and your file is still under review and hope to have a decision to you by next week. Should you have any further queries, please do not hesitate to Is contact us." I Received this email about 6 Days ago "I am sorry to learn of the difficulties that you are experiencing with this merchant. Section 75 of the Consumer Credit Act 1974 covers purchases made using the card costing between £100 and £30,000, where a misrepresentation or breach of contract has been proven. Please be assured that a complete review of your claim is in progress and I will update you as soon as possible. " I was told on the Phone 7 - 10 Days it has been over that. Really not happy about the amount of time they are taking. Is there anything further I should do at this stage ? Its causing a lot of issues in the House and costing us money. I am planning on going Small Claims Route if I need to. as I am pretty sure it is clear cut case It has been just over 4 weeks since Lloyds where made aware of the Issue. .

Hi I have just been sent a claim form for a old credit card. The card was with Barclaycard but went into default in 18/03/16 and now the debt has been taken over by mkdp llp or hoist portfolio holding 2 ltd. I have submitted a acknowledgement of service I have a couple of weeks to get a defence, do I have any grounds to defend this. I was thinking of requesting the cca as I was told the claim wont be valid if they don't have this. Any help here would be much appreciated as I really don't no what to do and cant afford to pay it

I am writing this on behalf of someone else. Where i use the words me i or us means the person involved. Not me. I was employed as a mobile with a well known security company. My main job was to respond to alarms and deal with them. When i started my job off i was told that i was on a gauranteed 24 hour contract (weekly). I was not given any paperwork apart from some paperwork to show how and what i should be doing. I was told be my manager that i would recieve my contract in the post during the next 4-6 weeks. I also emailed my manager and he confirmed that i had indeed signed upto a 24 hr gauranteed contract that gauranteed me work of at least 24 hours a week. This manager left and work was going on well until october when my vetting was complete and i was sent a 0 hours contract by Human resources. I immediately phoned up and was told to query this with my manager. 2 emails were sent and nothing happened. Again in january this year my manager changed and i raised this again with hr. The new manager said he would investigate this. He came back to me and told me that the email i had was worthless and that i was on a 0 hours contract. Worst bit my days have been cut where i was without any income for 6 weeks. Since august last year i have put in several uniform requests and have had 0 back as manager keeps on claiming he has lost paperwork. This is despite sending 2 emails to him. I now come to the part After having nearly 6 weeks without work i started back a few weeks ago. The first night back i was pulled by traffic police and asked why i was watching a video playing while driving. The mobile is on a stand. I told the officer i was not watching i was only listening to the music and mobile was facing other way. Officer gave me words of advice and then took my details and after a few minutes told me i could go. No probs so far. He then phoned my employers and told them he was concerned for my safety. I only found out when a fellow officer came looking for me. As far as i was concerned the matter was finished. I did not log it either. Fellow officer told me that a call had been recieved and that the matter had been escalated to the manager. No probs here. The manager phoned me the follwoing day and told me i was suspended pending a investigation and that suspension would be unpaid. I have been to the investigation meeting and i was shown a picture of me sitting in my van with the mibile facing me. I was told this was taken by the other officer and he was allowed to do this. I have now been told that a decision will be taken and if needed a disciplinary will be held. I have been told not to contact any of my fellow workers. What do i do ?

My Dad got work done at his house where I live 4 years ago. The electrician didn't do something he asked for so he cut of £500 from a £20,000 bill. Today I get a update from Experian that I have a CCJ under my name issued yesterday. Having spoken to the court it turns out that the Electrican issued a CCJ at our old address where we moved from 4 years back. I never got any of the letters or did I get any intimation from the court AND I am not a part of this at all. I only live at my dad's house and the claim should be between these two. I have nothing to do with the bills for the building of my dad's house. My Credit score just dropped from a 5/5 to a 1/5 for something I am not involved in or knew anything about. Spoke with the court who have suggested I pay £150 and do a application to set aside the judgement. Also spoke with Experian who say they will put this down as fraud as it has nothing to do with me but they will need to investigate and can't guarantee that this will clear my record. Also the claim is issued under a misspelt surname. Does that make any difference? What should I do????? Some guidance would be highly appreciated. I have worked hard to keep my Credit history good and one wrong swipe has just ruined it.

I have received a letter where my previous landlord is making a claim against me for a property that I moved out on the 25th of Sept2016. The said property was a temp accommodation through the council so he had put the claim in to the council but I want to appeal this as when I moved out I offered to repaint the flat but he said that he was remodelling the whole flat that I didn't need to paint it so I did not have it done but I did hire a cleaner to make sure that it was clean when upon moving. The landlord did do a walk-around with my son upon our vacating the property and he said it was all okey. The landlord even brought me the cupboards out of the flat to my new home as I needed some in the kitchen. I have been by the old flat to see the new construction and he has totally redone the place... knocked out walls, resized the stairwell, made the two bedroom into one and put in a larger bathroom ... now my problem is that he has claimed against me for re-dec in both bedrooms, lounge and hall, stairs and landing due to heavy marks in the amount of £384.00 (I was in the property for 3 years) also, for the replacement of the carpet in all the rooms listed above too due to heavy marks it says (there was a previous tenant of two years before me and my move in sheet says small marks on carpet several spots) £996.00 What I am wanting to know does he have to show pictures of this damage or will the court go by his word? as I know that it isn't true but I did not take pics thinking that he was satisfied with the property. I am going to appeal the claim but I am wondering if anyone could tell me if I had a chance of winning this as I am disabled and this letter has upset me and I don't have 1380 to pay to the council as they are the ones trying to collect the payment now since it was a temp accommodation through them. The flat, as I said, has been totally remodelled and I don't feel that I should have to pay for his remodelling of the flat since I did offer to paint it before moving and he was fine with how I left it.

Hi Guys, First post. I was silly enough to help so called "friends" out last year and found myself being owed a good sum of money. It was £1200 in total. They, or rather, she, the wife, did make two payments of £50 into my bank account but thats all I have ever received. I have a print out of a Facebook conversation where she agrees to the 'loan' and its amount and states how and when she would pay me back. I also have a text message string confirming all the details and copies of bank statements showing transfers from my account to theirs. I have never phoned them and always gone for a written form of communication to ensure I have a record. Just before christmas I sent a letter, recorded delivery, to their home detailing all the fact with dates and amounts and stated if they failed to resume payment or make payment in full I would take the matter further. She only text to say she would pay me and she would ignore any letter from the courts. I received no payment. I filed the MCOL and judgement has been passed in my favour by default as neither of them responded to me or the court. I have progressed it online to ask for payment in full by the end of Feb 2016 though I doubt I will get a penny. My question is what would be my best course of action once this deadline passes? I see on the MCOL website I have several options, all of which involve a fee which I am happy to pay if it gives me a reasonable chance of getting some if not all of my money back. She works, part time I believe, and I know where and who for, he works for Royal mail full time as a post man so an attachment of earnings may work. They I am sceptical as I bet they come up with some rubbish showing they have no surplus after bills, which is total rubbish as they are out all the time drinking! I had thought about bailiffs but wondered how effective they are, apart from what you see on TV. Any advice or stories from people who have been through the same would be gratefully received. Thanks Matt

Hi Everyone, this is my first post and I hope I can get some help to step out of this quagmire of negative discriminatory and unfair practices that I am subject to at the hands of the nefarious Nationwide Bank. My issues began in 2014, when I had just over eighty-thousand-pounds+ (80.000.00 +) taken out of my account. It was an unauthorised transaction. I was abroad, I'd used my card three times with the same vendor to buy some tickets to watch some football matches.Three different games. The vendor said, he'd give us some tickets the next day, and other tickets would follow a few days later as the games had not yet began. The following morning, I notice that a large amount had gone from my account, I rang the bank immediately on noticing the unauthorised withdrawal, Nationwide visa disputes team assured me they'd return the monies. About 14 days later Nationwide returned just under fourteen-thousand-pounds (14.000.00). they said, they were dealing with the other transaction of the larger amount and it could take unto 40 days, yet to this day two years later I Nationwide bank has not returned the sixty-seven-plus thousand. They returned the first monies as a cash-back, and said the other transaction, all with the same company could not be returned as a cash-back . I complained to them about this and asked why it had taken them 7 months to decide against their first decision. They gave various reasons for this at different times throughout the first year. I called and wrote to the Financial Ombudsman(FOS) who, lo and behold, after a year found in favour of Nationwide . The FOS and Nationwide said, I'd called the bank while abroad and told them to release this money. I did not, I asked them to prove this by citing the Freedom Of Information Act, (FOI) neither the bank nor FOS came up with any prove, i.e. -voice recording- saying anything of the sort. after a year disputing this situation the bank and FOS, a n FOS employee who is part of the Ombudsman's team said, I should resend in my complaint as an unauthorised transaction and not as a cash-back complaint . again I duly went through the complaint process with the bank who then asked me, why did I ask for a cash-back in the first instance, I replied that it was Nationwide's visa dispute team who advise me that this was a cash-back situation, but now wiser I know that this £60K+ comes under the regulations for an unauthorised transaction. Thereafter Nationwide CEO's executive assistant replied and stated in writing via email, that Nationwide would not open this as a fresh claim and would NOT read any more correspondence from myself nor discuss this matter any further. I discussed this with the Financial Conduct Authority (FCA) who informed me that I was being treated unfairly and that the bank was in breach on around 5 of their regulations. I returned to the bank with this information and they just reiterated what they previously said, that, they would not discuss my account with me any further. again returned to FOS, with this new complaint and brought in the issues about unfair practices as per FCA regulations. The people I spoke with including an ombudsman at first didn't know and could not tell me the difference between a cash-back (which comes under the Consumer Credit Act 1974) and an unauthorised transaction (which is covered in the FCA handbook as BCOBS 5.1.11). I asked this particular ombudsperson to look it up then come back to me so we can have a proper discussion. She called me back four days later, admitting there where differences between a cash-back and an unauthorised transaction. I have this in writing too. This woman ombudsman said, in the first now closed complaint, the ombudsman had thought about the unauthorised transaction aspect of this case, - though he did not refer to it in anyway in his final decision letter - I asked her, is this some Orwellian double-speak, how can he say he thought about a transaction that comes under different rules and regulations, yet makes no mention of it in his final decision letter? I said again, this is a new complaint . When the ombudsperson kept on referring to the old cash-back complaint. I pointed out to this ombudsperson, that it is written on the final decision letter, that FOS will no longer discuss this case again with me as I now have received the final decision letter. Yet again this ombudsperson referred back to that closed case -see how they change the goal posts when it suits them- and said, I'd called the bank, which I did not, I asked them to show me the prove or get the bank to show the prove that this fact is so . I stated if this alleged conversation was a true fact this situation would not be into year 2 of it's investigation. FOS, did not show me proof of this conversation I allegedly had with Nationwide bank and even though they had advised me to return with this new complaint, they decided that the first decision on the cash-back was enough and the rules applied were the same for a cash-back as for an unauthorised transaction. The FCA said this is not so.... Note, neither the bank nor FOS addressed the complaint(s) I had written to them about where they ARE in breach the FCA rules. With all this ongoing stressful situation the bank decided to play nasty with me. now, next they offered me a credit card, so I filled in the application, passed the criteria, they sent the pin and card, Then they called me and asked me to go to the bank with ID to verify myself. I went in gave them my bank card told the branch staff member why I was there I had on me my UK passport and utility bills, the staff member said they had to call head office, I waited and waited after sitting in the bank for an hour, note: they didn't ask to look at my ID or anything else, they said, the card was revoked. They gave no explanation for this even though i called the next day, they said they would not discuss this. three weeks later, I called and wrote to them asking them to explain why? Nationwide then said, there was no problem with the card, just come into branch again to verify myself with a picture ID and utility bills, I did this again, and again after sitting in the bank for an hour they said, the card was blocked because I'd ask for a loan in 2007. I did not do this and at that time, I was working for a government in another country which is easily proved. , after leaving the bank, I called and asked what is this problem? Nationwide said just reapply and everything should go through okay. I tried to reapply numerous times - called the bank in between times to make sure everything was okay on their end, Nationwide gave an affirmative answer - yet, always after completing the application the bank say's I have a card already. I haven't a card as the card they issued they blocked it with no valid explanation to why. I called again last week Now, they are again refusing to discuss my account and again asked me to go to branch. This time I told them, I know you are acting in a very malicious and nefarious manner and I will not go for a third time to the branch as this is just a nasty game Nationwide are playing. I have written to the CEO about both these matters and I received an email from the CEO's executive assistant who stated that, on answering my complaint about 1 of the regulations of the FCA, saying Nationwide do not think they are being unfair, that they will NOT discuss my account with me and any other letters I write will be left unopened . Remember, I wrote to Nationwide and FOS about them breaching 6 of the FCA's regulations. How's that for dystopia bank style. I really need some advice, and I really need some people who have know they have been unfairly treated by Nationwide bank to join me in a Class Action against them or if there is a class action happening, let me know how to join. My apologies that this is such a long post, but this is a summary of a two year plus, ongoing battle with this unfair uncaring not on anyones side Nationwide bank. , please if anyone has any ideas of how I can get my monies returned and how to deal with Nationwide, a bank that has shown me how vindictive, discriminatory and unhelpful they can be, I would be really grateful for workable advice.

Is it possible to issue a Warrant of Control against an individual at their business address? And by business address, they are the director of a company and i have found the registered business address on the Companies House website. I'm sorry if this is the wrong forum subject.

READ MORE HERE: http://www.theguardian.com/uk-news/2016/jan/22/david-cameron-calls-for-action-on-spurious-claims-against-iraq-veterans

Agreement 1 – 05/05/2015 - £1.388 – defaulted at £972.00 – Weekly £49 Agreement 2 – 13/08/2015 - £2,458 – defaulted at £2131.00 – Weekly £60 Agreement 3 – 13/08/2015 - £450 – defaulted at £374 – Weekly £17 Agreement 4 – 01/09/2015 - £429 – defaulted at £357- Weekly £21 Litigation to be commenced against Brighthouse in relation to Accounts held. I was not stranger to the business upon taking the first agreement in May 2015. The first agreement runs smoothly after 3 months I took out further finance, this was available from 8 weeks and each time I visited store to pay I was prompted to purchase take out further agreement, whilst I accept it was ultimately my decision to take out the finance I argue that they have not lent responsibly, until agreement number 2 my weekly payment was £49, in August they agree to more than double this by granting further finance of £2908.00 taking my weekly payments from £49 to £126. Two weeks later when I needed an essential small product further finance of £429 was granted increasing the weekly payment up to £147.00. In the space of 18 days my finance commitments had increased by £98.00 from £49.00 to £147.00. Needless to say this soon became unmanageable and by the third week of September I was unable to make the weekly payment of £147.00, the proof of income from the first agreement was used for the further 3 agreements. This is where my world could have fallen apart if I was not aware of my rights:- Their contact centre phoned me up to 9 times a day, In-house collections The store staff came knocking in a white transit van The unauthorised bailiff refused to move out of my front garden until I proceeded to dial 999 on my mobile. The agent remained parked in his van outside my house for 45 minutes. I was charged £5.50 per an agreement for the privilege of the above, £22.00 extra. Penalty charge I have been charged this £22.00 every week since 20th September. 26th September – letter sent to Brighthouse regarding repayments, made reference to the amount of monthly payments were on average £600 a month which was 50% of my wages and requested they remove all interest from my accounts, remove and stop all charges and agree to a repayment plan on £60 per month. Brighthouse wrote to myself on the 2nd October and agreed to the above repayment of £60 per a month, they stated that as interest is front loaded there would be no further interest charges applied to the account. However in order to accept the above I needed to visit my local store at my earliest convenience. I further contacted Brighthouse requesting bank details to make the monthly payment I also raised question of the interest and further requested it was removed completely and agreement was made for the cash price of the goods. Even though in their own written correspondence on the 2nd October they agreed in principal to a repayment plan I continued to receive weekly letters and charges of £5.50 per a week applied. THE ACCOUNT WAS IN DISPUTE November came and went no correspondence whatsoever from Bright house December came, Equifax credit alerts, Log onto my credit file and low and behold Brighthouse have registered a default on all 4 accounts. Until today I have been in discussions with Brighthouse and I have still not been supplied with bank details!! Brighthouse have registered defaults on accounts that were clearly in dispute, this is a breach of the ICO guidelines on registering defaults with credit reference agencies. Brighthouse claim that as they had issued a response the account was not disputed. I was not contacted before these defaults were registered, Brighthouse claim they were asked not to call or visit me whilst I accept this the only letters received were £5.50 weekly charges, these letters breached their acceptance on the 2nd October as the charges should have been removed and should not have been applied continuously. I know that the insurance has not been removed and has still been charged despite the account defaulting, in their own contract they state the insurance is cancelled once a payment is late. I wish to commence a claim through the county courts for a judge to review this as I am not accepting these defaults for a period of 6 years. Payment has never been refused, Means to pay have never been provided. I will not visit the store of the agent/bailiff who trespassed on my property and refused to move. My questions are:- What section of the Consumer credit act would refer to responsible lending? Would the claim value be the total amount of the outstanding debt? I do not believe adequate affordability checks were conducted, where can I refer to research this further? Can any refer to a claim that has been successful regarding registering defaults on a disputed account? Section 43 http://www.experian.co.uk/www/pages/downloads/compliance/guidance_on_defaults.pdf “If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed. Defaults filed in these circumstances may also be inadequate for the purpose of credit referencing in that they do not provide meaningful information about the creditworthiness of the customer.“

Hi All I have gone through the usual of wrting to Thomas Cook and being denied. Have just sent the LBA off and have started work on the court bundle. Can anyone help me with the particulars of claim or does anyone have one they have used? It was a package holiday and everything was wrong. No Assistance on flights, Inbound transfers driven by madmen, Dirty rooms, faulty showers, no air con, high pressure sales, dirty pools, stinking restaurant the list goes on and on and on. also the money used to pay for the holiday was from a recently deceased family member. This meant that we felt even more upset then we would normally. Help Peeps!!!!!

I was in a legal dispute with a University over a discrimination issue. It was concluded by Consent of Order and I was awarded damages, but without admission of liability by the University. In the Order it stated the matter against the Defendant was concluded. I have a couple of queries... 1) Could I bring a claim against a couple of individuals from the University - as my previous claim was against the University, not individuals. I am not looking for financial award just a declaration of victimisation. All documentation and Court papers has the Defendant as this particular University. 2) The Defendant was ordered (by consent) to pay damages - but without admission of liability. Would people infer the University was indeed liable - because of the damages they had to pay and that 'without admission of liability' is the equivalent of pleading 'not guilty'.

Can someone please clarify exactly what Form I am supposed to complete for a section 214 claim against a landlord for non-protection of deposit monies. Is it N1 or N281? I obviously need to do it the cheapest way possible. I am also representing myself. Thank you.