Showing results for tags 'against'.
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Hi There, we have bought a coffee machine for £559.82 inc delivery&vat and it is not what we want for our particular purpose , and we called back as soon as it arrived to for return arrangements but just been ignored.. you can see the invoice attached . so what i did started the money claim online process, i have attached screen shot of the claim page and the mail they sent me after receiving the court order.. we have sent the machine back and still not giving our money back. any advice , what should i say next or do please ? Thank you so much to all of you for having such a place and the time to help us who in need help . Regards Bill -
Hi Guys. I'd be grateful for some advise please. I split with my ex partner and the house was sold. Prior to completion I was advised by my solicitor that there was a Charging Order on the house for my ex-partners HFC credit card bill for £1330, and that this money must be deducted from the equity. I didn'teven know that my 'x' had the credit card and suspect that it dates back prior to our relationship or almost definitely prior to us buying the house seven years ago. I also suspect that he never bothered even going to court to try and sort out the problem (whenever the court case was?) - and I certainly couldn't fight for my own rights as I didn't know anything at all about it. Unfortunately, we still have some large outstanding utility bills on the house and now that the money for the charging order has been deducted, without my consent, involvement or even knowledge of the outstanding credit card bill, there will be insufficient funds to clear all of our debts. My 'x' is knowingly playing a very selfish game as he is quite aware that the electricity bill is solely in my name. Furthermore, I am at a greater loss as my 'x' is refusing to pay his half of the expenses that I incurred, which had previously been agreed, like Council Tax payments, plus decorating and doing up the house, which achieved a considerably higher selling price (which he has benefited from). As if this isn't enough, in the early stages of our break up, he stole my dog, and has since said that the only way he will give the dog back is if I pay for 'everything'. If I had the money - I would! - I love my dog and miss him so much that it has made me ill! - But, unfortunately, I haven't go the money and even if I did, he still wouldn't play straight. Somehow now, I have got to find a way of paying for the utility bills, which due to his Charging Order for his credit card bill, we will not have sufficient funds to pay. If he paid back to me half of the money taken for the Charging Order and also his half of the bills that I have paid out as mentioned above, it wouldn't be such a problem. But he is ignoring my solicitor letters and we are getting nowhere, and now the utility companies are chasing me. Lets face it, he's had it easy. He's had his house done up and sold for him, had his credit card bill paid and also has my dog. The legal system doesn't seem to have any substance for people who are just trying to do the right thing and it seems that people who don't care about others, the law, or anything for that matter seem to get away with it! So, sorry to ramble on! I'm wondering now if any one knows if there is any way that I can get my half of the money back from 'his' Charging Order - as it wasn't my debt - and there are other bills (which are in my name) that still must be paid. I will then be able to pay off the remaining bills. I know that he just wont bother, and I don't want them hanging over me for the rest of my life. I'd also be grateful for any advice any one has about getting my dog back - Officially. ( I've had enough offers off friends to go and get him back for me - but I want to have him back officially). Thank you to any one who takes the trouble to read this and has the knowledge and wisdom to offer me any advice. It will be greatly appreciated. -
Hi all. My friend's parents would like to start proceedings to take out some kind of restraining order on their son to stop him ever visiting their premises or sending them letters. He has not threatened them although he does have a history of violent outbursts and seven months ago was issues a restraining order by the local court to stay away from their other son. Please can I ask if there is any advice anyone can offer them before they go to a solicitor tomorrow? Thank you in advance. B -
Hello. I am new to this forum but was hoping there may be someone who could offer some advice with regards a Limited Company we carried out work for. This Company is a cleaning company specialising in industrial cleaning. We are a small Ltd Company. Ordinarily we would not have carried out work for this Company but was approached by another client of ours who asked us if we would help them out as they had instructed another contractor to carry out some refurbishment works on a 3rd party premises, and they had not completed it to their satisfaction (that was what we were told although now, that may not be the case and maybe it was that they did not pay that contractor either). Anyway, to cut a long story short, we carried out the work, supplying all labour and materials to refurbish the washrooms and the Company has only paid half of our invoice. Following all of the procedures of sending reminders, letter of intent etc etc, we decided to request the services of a debt collection agency hoping this action would prompt them to pay, and hopefully avoiding court action and a ccj against their Company not knowing that this would be one of a few. Despite letters and emails from the Directors of the Company stating that they acknowledge the debt and that they will pay in full, they did not respond to any of the telephone calls from the debt collection agency leaving us with no alternative but to go to the small claims court. Initially the Company put in a defence which it seems was just a delaying tactic, as they did not submit any defence (they didn't have one) and the courts struck their defence out and issued the CCJ. Throughout all of the administration process etc I decided to do some investigation into the Company (a bit of closing the door after the horse has bolted) and I am amazed at what I uncovered. This Company persistently opens and closes companies on an annual basis. It changes its name marginally by adding a UK or Services to Solutions etc. The Director currently has 5 open Companies with a further 5 dissolved. They have not filed any accounts for the Company that they say we were working for and during the court process they have opened another Company with a view I would assume to close the cleaning company we have the CCJ against. They have changed the name of their new Company only by using the initials instead of words in the name. It is still a cleaning company with the same Director still operating in the same industry with no doubt still the same customers. This is frustrating. We have spent over £300 in taking this through the courts to get the CCJ which I am sure will be unenforceable as they will claim that they have no assets Their registered office address was an accountants; their new registered office is their new accountants. Is this legal for a Company to open and close Companies owing several thousand pounds - our CCJ is for just over £3K, they have another against another of their companies for closer to £4K and a smaller one against another of their companies for £500 and yet they continue to trade in the same industry under yet another name. We know we are not going to see payment of our invoice, but is there anywhere that I can take this to highlight the unscrupulous trading practises of this Director?
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Hi there guys, I need some advice, keep in mind neither party have pressed charges at the moment. about a week ago a debt collector came for a doorstep visit to arrange (bully) my brother into a payment plan. My brother is skinny he is like 8 stones he 30 years old and weighs less than most girls. when he called me and told me there was a "hench" guy. I decided to go see what was going on, now I'm 14 stone and 6.1. And we were pretty evenly matched before I even got round the the background I could hear this idiot shouting at my brother, which really got my goat as my brother isn't a threat. I am also former military (SSG Pakistan army) so I know close-quarter-combat and don't get intimidated easily, when I got round to him, he was pretty big. I don't remember exactly what happened. But we both go into each others faces after a long argument, I told him my brother isn't going to pay him and he needs to leave, and he started saying: "so you think your a big man?" the usual nonsense, I told him not to get into my personal space, and I told him my background, and that I would defend myself I made this clear to him at least 5 times, while I was moving back from him, anyway, he didn't do anything and eventually he said something like I'll show you, I'll be back blah, blah. So next day, I decided to stay at my brothers house, this time 3 guys came down big ones, looked like they'd just come out of a gym or something, they started saying "**** the paper work" and using all sorts of crude language, one of them started saying: "your not such a tough guy now are you? what do you doing to do call the police here, big man use my phone" they started goading me. To cut the long story short, we got into a little wrestling match, I choked one of them out and the other had his arm- he didn't want any more of it, the 3rd one out cold as soon as it kicked off. the neighbours called the police, and the police turned up... And they asked if anyone wanted to press charges we all agreed not to, and the police told them to leave or they'll be arrested for breaking the peace or something. today this morning my brother called me, and said he got a letter saying they'd reduce the debt by 90% and just wanted to settle this. And said that they don't want anything to do with him in person or over the phone. Sorry English isn't my first language but what do they mean? Are they taking legal action instead, seems abit fishy they just want to let it go so quickly , btw I've not had the police come to me or any letters etc. So I don't understand this kind of thing. Are they doing something legal on me do you think? Thanks guys for any advice.
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Hi, I recently brought a small claim online against a large insurance company (following a recorded delivery warning letter giving them 7 days to respond, which they ignored), they did nothing so when the appropriate time had expired I applied online for judgement against them, specifying I wanted the full amount, plus interest, costs etc, paid immediately (the original loss for which I claimed was 6 years ago). I now have the judgement as of 30th September, and confirmation arrived by post from the court yesterday. The MCOL service show the next step as to issue a Warrant, but it then states that this is only possible for claims up to £5000. The judgement is between £5,000 and £10,000. So, what would you recommend is the best way to get them to pay up? I'm looking for the easiest, rather than specifically the quickest method (though the quicker the better obviously). Thanks in advance for any help. -
Christmas advertising Insight comes early The themes and images surrounding and associated with the festive season provide ample opportunity to create memorable and impactful ad campaigns. But some yuletide words of warning, the ad rules are for life, not just for Christmas. For instance, promoting a casual attitude to using a loan to fund Christmas spending is likely to be seen as irresponsible. Be good for goodness sake, read on to find out how. So if we see anything we think could be irresponsible we should report it to the ASA.
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Hi All I bought a new Audi A5 under a HP agreement in 2012, the final lumps sum payment is due in March 2016. I have just discovered my engine IS affected by the VW emissions cheat device. As I understand it, the finance company is liable as well as VW, will be quicker and easier to deal with the finance company than join a class action against VW Under the CCA 1974, can I claim against my HP finance company on the grounds that: 1. The vehicle was not as described (i.e. emissions etc. not as quoted) 2. the vehicle is not fit for purpose (emissions cheat device fitted (knowingly) and Mileage, emissions, fuel consumption not as quoted) Is there any template for this type of letter? Any advice would be most welcome as a £10K final payment is due soon, thanks John -
Hi , I am new to the forum , i need help regarding filing a defence against Lowell portfolio 1 LTD and BW legal is acting as a legal representative for Lowell.I received a Claim form on 08/09/2015 and have acknowledge service on 14/09/2015 through the moneyclaim.gov.uk portal. Particulars of the claim is : The claimants( Lowell Portfolio ) is for the sum of £446.09 being monies due from the Defendant to the claimant under a Home Shopping agreement regulated by the consumer Credit Act 1974 between the defendant and Shop Direct Finance company limited under account reference XXXXXXX and assigned to the claimant on 22/12/2010 notice of which has been given to the Defendant.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claiim also includes statutatory interest pursuant to section69 of the county courts Act 1984 at a rate 8.00% per annum ( a daily rate of £0.10 from the date of assignment of the agreement to 22/12/2011 being an amount of £36.60 As i dont remember taking any goods under home shopping agreement from Very i have served a CPR31.14 request to the BW legal and Lowell through Recorded delivery of which they have acknowledge recieving the request on 15/09/2015 and have cleverly wrote me on 16/09/2015 saying "We Will seek to ensure that the information you have requested is provided as soon as possible,however this is contingent on receiving the documentation from your original creditor". The CPR31.14 request content i have wrote to both parties Lowell and BW legal is pasted below: Template removed I NEED TO FILE MY DEFENCE SOON AS POSSIBLE TO THE COUNTY COURT BUSINESS CENTRE( NORTHAMPTON) PLEASE CAN SOME ONE KINDLY HELP ME WITH THE CONTENT TO FILE A DEFENCE .
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Over the past 2-3 years I have reported on this forum about the risks that debtors face when taking 'legal advice' from the internet and in being encouraged by the relevant sites to issue proceedings against a bailiff company/and or a local authority. In order to warn debtors of the dangers involved I have provided details of the cases together with copies of the Judgments (when available). I cannot stress the importance of this information given that debtors need to be fully aware that if a claim is instigated against either the company (either by way of an Interpleader, Injunction or Small Claims action) or against the individual bailiff (by way of an EAC2 Complaint) that the enforcement company will always ensure that they provide a solicitor (and many times a Barrister) to represent them at a hearing. So far, that have been no reported cases of a debtor winning a court action. Instead, there are many cases where significant cost order have been imposed against debtors. Unfortunately, yesterday it was being reported that yet ANOTHER two legal legal cases had failed in court and in both cases, the individuals (a lady and a gentleman) had been encouraged to pursue hopeless legal cases by a highly unqualified individual with an utterly appalling history of court failures. -
Evening Folks, Apologies if this is in the wrong section, if it is could the mods kindly move it. I have arrived home today with my wife to find that my wife has kindly received in the post a CCJ obtained by Lowell(Claimant)/Bryan Carter Solicitors on 16/09/2015. Now this has come as a bit of a shock as we have received no prior correspondence from them regarding this debt or anything to state there would be any date to appear in court to deal with this. The judgment has also been obtained in my wife's maiden name, despite us being married for 3 years. I would greatly appreciate any help to urgently deal with this. Many Thanks G__M
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hi, any advice on clarifying a small matter would be helpful. we bought a bed for our son from an online store. the bed was hardly used as was in spare room just before the one year warranty it broke. they sent him a part to fix it but it broke again, same fault as before . he got in touch with the retailer and after some back and fourth they have said not their problem and have given us the manufacturers details. are they right or should the retailer sort this out as we believe the bed is not fit for purpose any advice would be appreciated.
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A cagger has asked me to start a thread in respect of complaints against Credit Reference Agencies. The Link below is to an American article. http://www.housingwire.com/articles/34870-cfpb-complaints-against-credit-reporting-agencies-rise-sharply It would appear that complaints there against CRAs has risen considerably. Two of the 3 most complained about agencies are Experian and Equifax. I seem to recall that we have had several complaints about CRAs on CAG - one that comes to mind is where an Agency provided credit information to someone they shouldn't have. (I will try and find the thread and link it) The Court of Appeal has ruled that the CRAs are not obliged to ensure absolute data accuracy !!
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My wife keeps advising me to claim against any PPI I may have paid to companies in the past, I mentioned I could not find any details so have not really bothered, but earlier this week I found in some old paperwork I was about to bin a conditional sale agreement for a car we purchased from YCC around the year 2000. On this it states under additional insurances the following 10. £1213.40 Payment Protection Insurance Cash Premium 11. £650.00 Mechanical breakdown Insurance Cash Premium 12. £250.00 Gap Insurance Cash Premium 13. £2113.40 Total insurance premium (10+11+12) 14. £600 Less: Down Payment provided by Customer 15. £1513.40 Shortfall required by way of credit 16. £632.32 Add: Interest 17. £2145.60 Balance Payable (15+16) 18. £2745.60 Total Amount Payable (14+17) 19. 19.9 %APR 20. 48 Number of monthly Insurance Installments 21. £44.70 Amount of each Insurance Installment (17/20) the first payable one month after the date of this agreement. Are we only able to claim for the part that was taken on credit or should we be able to claim for the full amount as we had paid £600 as lump sum towards it. Also I was the main hirer and my wife countersigned. I have seen other posts on the forum regarding this company, but can someone confirm if I am still able to claim, must it be the main hirer only that can do this and do we send all the information to Direct Auto Financial Services P.O. Box 1135 Bradford BD1 9PU And if we do the Full Access Request, who do we make the postal order payable to thanks
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We’ve been clearing out a load of old paperwork and have come across a loan with some PPI that was mis-sold because I wasn’t told about it (and would have turned it down if given the opportunity because I was self-employed). The loan was in 2000 for replacement windows from Safe Style, who also provided the finance. First National (now GE Money Home Lending) lent the money Commercial Union Creditor Limited administer the PPI The PPI is underwritten by CGU Underwriting Limited Who is my claim against, or is it statute barred by now? -
There is a company (Provisita Ltd) who owes me over 3k for services supplied. This is money myself and my family could really do with. It's been a long time owed and it's very stressful thinking about it, especially as they are now ignoring all attempts to resolve. I have followed the advice on this forum, primarily by going through the small claims court (they didn't turn up or contest the debt) and most recently by obtaining a CCJ against them (successful in so much as the CCJ was granted, unsuccessful insomuch as they continue to owe me money). I am now unsure what the next best step is and before I pay for legal advice, figured I would ask the folk on here as others have been through this before it seems. As per bankfodder's request, Nichole Esparon is the person I dealt with at the company throughout the working relationship, but since the debt became overdue I have not had a single email or phone call returned from her. Her business partner Patrick S Frederick instead opted to speak with me and he and explained a few hardships but several promises to pay over the course of several month never materialised and contact totally stopped once I started court action. I wonder if others have had dealings with this company / these individuals...? I won't let this go, it's a lot of money for me. What's the next best step? Bailiffs?
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We are asking people to make donations in order to help us collect the cost of the transcript of the hearing and judgement in a recent successful case against Npower. You can read the Npower thread here: – http://www.consumeractiongroup.co.uk/forum/showthread.php?436401-nPower-Mismanaged-account-County-Court-claim-issued-aganst-Npower The case which was heard last week is the culmination of a long 2 to 3 year battle against harassment and mismanagement and incompetence by Npower and their legal department. Although the case did not produce the damages which were asked for, the judge did hold that Npower had contractual duties towards their customer and that they were in breach of their duty. This amounts to a very significant victory because Npower denied that they owed any duties at all to their customer - whether in the quality of their account management, their complaints handling or even in respect of a duty to provide accurate bills. (Frankly, you could scarcely make it up!!) Even during the case, the Npower lawyer tried to divert the discussion away from the issue of liability altogether. Furthermore, the judge criticised Npower and made it clear that he thought that the customer had had a very difficult time and was entirely justified in bringing the claim. The claim had been made unnecessarily complicated by the poor and unprofessional bullying approach of the Npower litigation department. This fact was not lost on the judge who went on to criticise Npower in scathing terms about the style of their litigation. We will be doing a full write-up of the case and also of the unprofessional approach which Eversir has had to endure for a considerable amount of time, just as soon as we receive the transcript. We will be publishing much of the transcript on this forum for other Npower victims to read. We have just made the application for the transcript but it is likely to cost in the region of £800-£1000. We need help to pay for this and so we invite anybody to make a donation to us. If we are lucky enough to receive more than the cost of the transcript, then anything extra will simply be used as part of our resources to pay our bills and expenses and to keep on going to provide our help for free. If you would like to donate, then please click on one of the donate links and you should be taken to a PayPal page. If you don't have a PayPal account, click the link anyway because you will be able to use a credit or debit card instead. Please only give what you can afford – but do remember that if you are giving a very small amount, that PayPal takes a minimum fee from every donation and also a percentage. This means that if you are considering donating only £1 or so, a substantial part of this will simply go to PayPal – and so without appearing to be ungrateful, you probably shouldn't donate. Please tell your friends or tweet this message using our short url http://cag.tw/1iqb -
I challenged a PCN against Excel back in April.I sent the appeal to their address registered at Companies house,rather than the P.O. box address.I referred them to the PCn charge I won against them at POPLA back in july last year.PCN canceleld with immediate effect.I purposely left my reg.No on so that if any Excel staff are trolling through,they will see this -
Good day all. I've got some on going issues with debts being managed by Lowlifes (via our friends at BW Legal). I've covered most of these elsewhere but in brief over £500 was mysteriously added to the account according to my credit file, they weren't updating my file regularly to reflect payments made and also a default has been recorded unreasonably late (IMO). I raised a complaint and they replied with a derisory compensation offer but a promise that the accounts would be brought up to date within 3 weeks. I decided at this point that if this happened I'd be happy and waited. It didn't. They did reflect the payments to date (but it is now behind again and hasn't been updated) but didn't correct the £500+ charges added nor the default date issue. I sent them an LBA and have had no response and need advice on 2 issues: 1. I sent the LBA about 5 weeks ago. Unfortunately some work issues etc meant I have only just been able to get back onto this. Do I need to send a new LBA due to the time passed or is it within my remit to decide when I issue? 2. As it isn't technically a money claim (though I will be asking for compensation) but a claim for failures under the DPA and guidance related to it from the ICO can I issue online through money claim or do I need to get a paper form? Any guidance and advice gratefully received as always. -
Foreign Office advises against all but essential travel to Tunisia The Foreign and Commonwealth Office has today changed its travel advice to Tunisia to advise against all but essential travel for the time being. FCO travel advice has highlighted for some time the high threat from terrorism in Tunisia, but the evolving security situation since the attack almost two weeks ago means the decision has been taken to advise against all but essential travel to Tunisia. READ MORE HERE: https://www.gov.uk/government/news/foreign-office-advises-against-all-but-essential-travel-to-tunisia -
If you had administrative action taken against you as a result of a police caution it may be that you have grounds for a complaint. If you have now left the armed forces and had administrative action taken against you as a result of a police caution between December 2008 and September 2011, it may be that you have grounds for a complaint. The MOD has written to serving and former serving personnel because of changes to the law which took effect in December 2008 that meant such cautions should not have been taken into account after that date. However, whilst action has been taken to contact those affected directly, it is apparent that we have not managed to reach some people and they will be unaware of efforts to contact them about this issue. READ MORE HERE: https://www.gov.uk/government/news/information-for-those-who-left-the-armed-forces-between-december-2008-and-september-2011
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Hi could anyone help please. I have won a CCJ against the BOS. I applied for a money provisions order to register this in Scotland, the CCMCC have cocked this up and just sent a normal Judgement to me but took my £50 for the Form 111 anyway. This is being sorted today so I should have the money provisions Cert on the way. My question is; do I really need to transfer this to Scotland if the BOS have branches in England, in fact do they have branches in England? Google'ing this is unclear as they seem to be connected to other Banks in England? If so then fair enough, but I wondered. Many thanks in anticipation. -
Six years ago (in 2009) a Freeman on the Land (FMoTL) supporter by the name of Mike Dobson (Mike:of the clan Dobson) drafted a Removal of Implied Right of Access notice which he used to ‘scare off bailiffs’. He advised on the Freeman Ireland website that the notice should be put up at the boundary of the ‘private estate’ and the ‘public access way/street’ and that if a bailiff came to the door of the house they should be politley told that they would be trespassing and that they would have just 60 seconds to leave before a call would be made to the Police. Due entirely to the internet, the Removal of Implied Right of Access notice drafted by Mike Dobson went 'viral' and appeared on the Freeman on the Land’s favorite media outlet; YouTube. In 2010, the notice first appeared on the popular FMoTL forum; Get out Of Debt Free. Within a short time all popular Freeman on the Land websites carried the notice with many of them making their own changes to the wording. In March 2014 I researched the background to these silly notices and started a thread on this subject which to date has received over 12,000 visitors (link below): http://www.consumeractiongroup.co.uk/forum/showthread.php?420602-Notice-of-Removal-of-Implied-Right-of-Access-(NOROIRA)....where-did-these-bizarre-notices-come-from PS: Unfortunately, the internet sites that recommended using this notice were unaware that the notice proved to be a complete and utter failure for it’s author; Mike Dobson (see link below) http://www.consumeractiongroup.co.uk/forum/showthread.php?420602-Notice-of-Removal-of-Implied-Right-of-Access-(NOROIRA)....where-did-these-bizarre-notices-come-from&p=4664219&viewfull=1#post4664219
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Hello I hope I can get advice. I took out a secured loan in January 2002 for 8000. I obtained the loan through dial4aloan. The loan was arranged and the lender was endeavour. It appears I also was sold ppi of 1200 added to the loan. Well I am trying to reclaim the ppi. However all organisations are blaming each other for selling it. Dial 4 a loan state they only recommended ppi. Yet the ppi policy is on endeavour paper. Aviva say they have no responsibility either. So what happens when no one will accept responsibility? Thank you -
Hello all, A good friend of mine has been given notice of eviction by his landlady after he complained about her workmen damaging some of his possessions and holding her liable for the cost. He is now unsure of how to go about following up if she refuses to compensate him. Does anyone have any advice? Thanks in advance!
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