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  1. A week or so ago a regular contributor on here (Dodgeball) started a discussion thread on the subject of when a bailiff should legally be able to charge a 'Sale Fee' of £110. The importance of this subject prompted me to approach CIVEA (The Civil Enforcement Agency) and yesterday they provided me with a copy of their official Guidance Note on the subject. A copy of this should be featuring on their website this weekend. Dodgeball's important and interesting thread on this subject has run to 5 pages and with 100 replies, I thought that this Guidance would get better publicity if it was posted on a separate thread. The original discussion thread can be found under the following link: http://www.consumeractiongroup.co.uk/forum/showthread.php?453200-Removal-for-sale-fee-when-can-it-be-charged
  2. Some confusion about this It seems, so I thought I would just post a quick guide. The three stages of enforcment for none HCEO debts are outlined in the taking control of goods regulations. The compliance fee stage is due on the receipt of the warrant by the EA or on the date of the NOE depending on the type of debt The enforcement stage fee is due on attendance of the EA at the debtors "relevant premises" The sale fee is due as per section 5 of the regulations: “the sale or disposal stage, which comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale, or from commencing preparation for sale if the sale is to be held on the premises, until the completion of the sale or disposal (including application of the proceeds and provision of the information required by regulation 14).” John Kruse explains the situation here as follows "As fees run from the “first attendance at the property for the purpose of transporting goods to the place of sale” various predicating factors seem to be indicated. Of course, there must have been previous levy by which goods were secured on the premises: only ‘controlled goods’ can be sold" This is clear from the legislation and means that whilst goods can be removed at first attendance(for storage) they cannot trigger a sale fee, as the action would still be at the enforcment stage. The sale fee can only be applied to goods which have been previously taken under control
  3. Hi all, So I had a 30-day phone contract with Three (£13/month). On 12/09/15, I called them up, notified them that I wished to cancel my contract, and requested a PAC code. A few hours after the phone call, I used the PAC code with Vodafone. I was told by the person on the phone that I would be charged roughly £1.30, for a pro-rata rate. Today, I discovered that there is a pending payment for £13.00 in my online banking (for the date 28/09/15). I called up and asked why - Three claimed it was an 'Early Termination Fee', since I did not serve my 30 days notice properly. They also said something along the lines of I used my PAC code before the contract was up??? Could anyone more familiar with this things please explain if this is correct? If I have been incorrectly/unfairly charged, I would like to dispute it. Many thanks CAGers.
  4. Does anyone know of any genuine employment lawyers that will do a FREE assessment for no win no fee. All the websites offering this always want an assessment fee which totally goes against the principle of no win no fee! I do however need help as I have a five day final hearing coming up in February.
  5. I recently attempted to reclaim fees on our redeemed mortgage which was redeemed in October 2014. The fees charged to our account over 7 years amounted to £9550. After taking over two months to respond, as I expected, Acenden have refused to refund any fees, they consider the fees they have charged to be fair. Where do I go from here? Some forums say the ombudsman and some forums say the small claims court? Any advice will be greatly appreciated.
  6. Hi Everyone! I have recently found a suitable property to rent in my local area via Rightmove and, after reading the information provided regarding fees, (Admin charge £50 and Referencing fee £75 plus vat) I contacted the letting agent for a viewing. I contacted the agent following my viewing, to express my interest in renting the property, who explained the fees had increased to £200 because, I insisted that I was only willing to pay £150, as advertised, initially and the letting agent reluctantly accepted. I have now been informed that my application has failed due to adverse credit and I will require a guarantor to continue with my application. After checking my credit file online, I have not found any adverse credit which would affect my application. Furthermore, I do not have anybody to act as a guarantor ...not that I'd be rude enough to ask in the first place! The agent has also informed me that they cannot refund the £150. Is there anything I can do?
  7. I ordered something from China that was delivered by DHL. Two weeks later, I got the duty and admin fee request. The amount I was charged was much too much, so I queried it with DHL by phone. The reason for the overcharge is a mixup on the suppliers paperwork. It's another matter to sort that out. The problem is that I thought that their answer was wrong, so I put it aside to sort out another time, then forgot abut it. They have now passed on the debt to Control Account plc, who have added on an additional £40 for lare payment. I have noe paid DHL, but I've got a feeling Control Account won't be going away Can Control Account charge me for late payment, when I never had a direct contract with DHL? Their contract AFAIK is with the Chinese shipping company that has a contract with the supplier. Is there anything I can do to make them go away, other than pay.
  8. Hi, I hope someone might be able to provide some general advice. I am trying to reclaim £450 in Platinum Card membership fees, I have already unsuccessfully been through their complaints process and they've sent me the FoS leaflet. 1 - I've had both a British Airways Amex card and a Platinum Amex Charge card (with flexselect credit) for almost ten years. The latter has a membership fee of £450, paid in December 2 - I hadn't actually used the Platinum Card for two years until April 2015 when I tried to use it to pay for a hotel abroad - declined, despite my statement telling me I had over £1000 of my £3500 Flexselect credit available 3 - I rang Amex, and they essentially told me that because I was a risky customer, they were declining to put through my charges. Yes, late last year I ran into financial difficulties and had problems making loan and credit card payments and this will have affected my credit file 4 - However, at no time did Amex tell me I can't use the card. There is no notification on my online account, and I have received no letters or phone calls, so this is the first I had heard of it 5 - In fact the card does work sometimes. It usually works for smaller (less than £20) amounts in supermarkets etc. Not always. Yesterday an £8 charge went through, today a £17 one didn't 6 - I wrote to Amex making a complaint asking that my card be downgraded to one of the free ones, and that as I had been sold a card I can't actually make full use of, that my year's membership should be refunded 7 - Amex has rejected the complaint saying I could only have a pro rata refund (which I guess would be £300 odd) and making me aware that they can basically stop me using it when they want as it says so in the Tcs and Cs I would now like to complain to the FoC. The basis of my complaint will be that Amex knowingly sold me a card membership I can't make full use of, and never told me that I can't fully use the card. Had I known this, I would not have paid them the £450 at the end of last year. I have two questions: 1 - There is £550 due to be paid next week, some of this is from the small purchases I have been able to make - public transport, small supermarket shops etc. The rest is from my flex select balance. I am in a position to pay this, but would there be any grounds for me not to, if I am disputing the account? Or would this make things worse and I should just pay up as normal. 2 - Because the Amex card seems to work for most smaller charges, does this in any way negate my complaint? The £450 membership is sold with various travel benefits, but as I discovered I can't actually use the card when travelling Any other advice of how I should approach this with the FoS is appreciated. Thank you for hearing me out, all being well I'll look to submit my FoS complaint in the next few days
  9. Hi, I have a question that I'm having a LOT of trouble finding the answers to, I think I'm out of my depth and thinking of just letting the claim expire completely. I gave a landlord in London (name removed) £900.00 deposit and £931.67 first months rent on a property (£1831.67 total), but I changed my mind and didn't sign any contract with the landlord. The landlord refused to give my money back because he said he was suffering a loss and counter-claimed for a whole year of rent! I changed my mind within 1 week, and I feel he is trying to rip me off. I changed my mind because I was moving to the USA (I live in the USA now.). I started the claim in the UK with a UK address and went through MCOL. The hearing is in London (Edmonton). I received a letter to pay a court hearing fee of £170, however, I am supposed to pay this by 15th of May 2015. This letter did not reach me until today (14th), as it was relayed onto me in the USA from my family as the MCOL claim address is a UK address (My family address in the UK) I'm in a bit of pickle, as I cannot afford the £170 and I do qualify to use form ex160a for a fee remission. Within the letter, there is no mention of who to pay the £170 to, I searched all over Google, and I simply cannot find any answer. Does anybody know what steps I should take? 1. Who do I pay the £170 to? MCOL? Edmonton Court? Can I pay online? Can I apply for an extension on this payment date? What happens if the payment is late? If I can't pay online, I'm not sure how I can send a cheque to the UK from USA in time. 2. I'm not sure if it's the best option, but I can pay using a credit card, then can I apply for a refund later using ex160a? 3. When I log into MCOL, the last update was a year ago and the status is set to 'Transferred', does this mean MCOL is done with their part now and I should only contact the court directly from now on? 4. Do I need to give somebody my USA address now? 5. The court hearing is in November 2015, I'm 99% sure I cannot attend the date, would this affect my odds of winning? Sorry if I sound a bit dumb, I really feel like a fish out of water with this.
  10. Hi there I have been paying 40 quid a month for God knows how long on my Santander mortgage and hopefully can claim this back as another 4 grand has gone on mortgage because of this. Can someone give me a pointer to get started please. Thanks
  11. Ministry of Justice amendments to Contracts for Court Fine enforcement. In 2006 the Ministry of Justice awarded contracts to private sector bailiff companies to enforce magistrate court fines. Over time, new contracts have been awarded and the current position is that only four companies are contracted to enforce unpaid criminal court fines with Marston Group and Collectica Ltd enforcing in the UK and Excel Ltd and Swift Credit Services covering Wales. In April 2014 the Ministry of Justice Procurement Directorate (as representative of the Secretary of State) made important amendments to each of the companies contracts to ensure that they were compliant with Part 3 of the Tribunals, Courts and Enforcement Act 2007 which came into effect on 6th April 2014. In this respect amendments were made to Schedule 4 (Specification) and Schedule 5 (Price Schedule). In respect to Schedule 4 the following changes have been made to the contracts: The word 'Bailiffs' have been replaced with ‘Enforcement Agent’ ‘Distress Warrants are now known as Warrants of Control’ 'Taking Control of Goods' has replaced words, such as ‘Levy’ and ‘Distrain, Distraint and Distress’ ...
  12. hello all, my girlfriend applied for a prepaid credit card last september - i read the t&c's for her and it said the card had no fee's per month. she loaded £32 on it and a further £4.95 for the cost of issuing the card. she couldnt use it at stores as they kept saying it was invalid... .i phoned cashplus and they said it had the £32. tried it online at various times and it kept saying it was invalid. I found out you could check the account online so i logged on at the beginning of the month for the first time to find out whats been happening.... ..2 things: 1.the card hadnt been activated - so i activated it. 2. they took out 3 payments of £4.95 a time for a dormancy fee...this is not mentioned in the t&c's. I phoned them today and asked them what a 'dormany fee' is ....they said if the card is dormant between transactions for a long time they charge a fee... ...I asked is this on an active card. ..they said yes.. ...I said so as the card was NOT activated until the start of the month can you refund the 3 x £4.95 as the card wasnt active or dormant - they flat out refused. What can I do as they know they shouldnt be charging charges on a card that isnt active yet.? TIA.
  13. Good day all. So I'm hoping having gone through this with other institutions that I have got this one right. That said I would very much appreciate somebody just checking my logic and attached letter. I took out a loan with BOS/HSPF and at the same time they issued me with a card, presumably a credit card though I'm not certain that is what technically classed as such. Fees were added and I would like to launch a claim for these back with interest. I have used the normal template - will this be subject to the same rules as more standard credit cards etc? Many thanks L1882
  14. I know that this isn't a big problem compared to most of the problems on here but I could use a little knowledge on the subject. My partner moved in with me in January after cancelling his BT broadband account, he paid his final bill but did not pay the £30 cancellation out of principle as he was unaware that was in his terms and conditions. They do not know where he lives and have no phone number for him but they do have an email address which has been passed to Walker Love (correspondence below). He is tempted to ignore the email but I am concerned as to where this could lead if anywhere. I have heard of unpaid debts mounting up over years and I do not want it to come back and bite him so I'd like to know what the real consequences could be? 'We've passed your debt of £37.50 to a collection agency. We've sent you several reminders but you still haven't paid us what you owe. So we've now passed your debt to Walker Love Collections, an authorised debt collection agency, to get in touch with you about paying it off. We've also added a charge of 25%, included in the outstanding balance above, to cover the cost of us handing over the debt.'
  15. Hi This isn't actually for myself by my girlfriend. I have used this forum before and it was great so would appreciate some advice here. Its a complicated situation so in order to fully understand what has happened, here is the complaint she sent to student finance last week. "I would like to make a complaint regarding the communication skills and moral dishonesty of student finance. Before detailing the areas of my complaint I would like to state that I have always completed all paperwork on time, queried any abnormalities and upheld all details stated in the contract. To begin, I was given a maintenance loan and tuition fee loan without query when I began my degree in Veterinary Science at the University of Liverpool (after recently completing my previous degree in Chemistry). I was aware that post-graduate students differ in their entitlement to student loans and spoke to numerous student finance advisers regarding this both before and after applying for a student loan. Not once was I told that student finance were making a mistake in allowing me my tuition fee loan and I was misled to believe that I would be able to finish my degree with complete financial support. That such a fundamental mistake could be made by so many of your staff is unthinkable and considering the impact it has now had on my studies, career, financial situation and well being. I am unable to understand how this mistake could have occurred multiple times and am seeking a full explanation regarding this. Not only did your staff make errors but I have been supplied with a full tuition fee loan for almost two years of my course and in this time your screening process has not picked up on this anomaly. I hope that this will also be addressed when investigating this complaint. Next, the manner in which Student Finance has dealt with their own incompetence can only be described as appalling. I received four letters in the space of two days and each letter had different values I was entitled to and confusingly spanned across a number of academic years. Together they were incomprehensible and incredibly unclear. My online account had always stated that I was received £0.00 for everything since you updated your online system. Upon querying this at the beginning of the year with one of you advisers I was told that it was just taking a long time to update. So I spokewith one of your advisers again to ask what all these letters meant; and although they also had trouble comprehending the situation I was told that the decision to discontinue my tuition fee loan had been made some time ago. I was never notified that my profile was being reviewed, given no written explanation as to why student finance had made such a mistake and offered no apology. This lack of communication is atrocious. How is Student Finance able to justify this knowing the impact this would have? As the investigation of this complaint I would require a full apology and would like to know the protocol Student Finance uses when dealing with ethically sensitive decisions. As of yet I not received the customer service that is advertised to students. Finally, I would like Student Finance to truly know the impact this has had. I am unable to fund my studies, am unable to apply for bursaries and have no additional financial support. I would never have invested the time and money into such a demanding and lengthy degree if I had not been misled by Student Finance on several occasions. I now face ending my course just before my exams that I will be unable to take and deal with the vast additional debt that would never have occurred. The actions of Student Finance will not only destroy my ambitions and career opportunities but will undoubtedly affect my well being. I expect an honest investigation on how this has happened,a sincere apology and how Student Finance aims to rectify such an abhorrent situation. " She has now been informed by her University (Liverpool) that she now may owe them 18k for the first 2 years of her degree. We live together and are independent (we rent) so obviously she cant afford to pay either the 18k herself or the further 3 years going forward. She obviously would want to continue with the degree if possible however we will have to see what happens. A strange situation I know. Any advice would be appreciated. Thanks Patrick
  16. I have a charge on my property which I have now paid in full but the solicitors dealing with it wasn't a fee to remove it starting that "only they can remove the charge". The fee involved is close to £200 I would be grateful for your thoughts
  17. Hi. Have just been given a weekend paid for caravan at a Parkdean site by a friend who can no longer go. I called Parkdean to advise that my friend is no longer going, but she has given it to me. I was informed that there was a £20 admin fee for changing the name. Whilst i'm grateful that my friend has given me a free weekend away, i can't help but think that they're taking the mick charging £20 for changing the details. I sent a message via Twitter, and have had their twitter team call me and reconfirm that there will be a £20 charge which will not be waived. I've asked what it was for, they said it was to cover the manpower it takes to swap details and reprint the documents. I asked what documents, i thought it was all done electronically, which she said yes it is, no printing is involved, but still confirmed the £20 stands. I would have accepted a £5 fee as would probably take maximum 15 mins to swap details, and that is based at the ridiculously paid rate of £20/hour for data entry. Can anyone tell me if i should just accept it, or if i have any grounds to stand up to this charge?
  18. Hi This incident occurred a while ago (I wasn't aware of CAG back then) but it is something I've always pondered over should I find myself in the same situation again. I was at Curry's looking for a small portable TV for the bedroom. Now normally I stick to good brands like Sony, Samsung etc. On this occasion however I decided to buy a UMC set, the price was really good. The TV was on display but you could not interact with it (no remote). Having bought the item that day, I was disappointed to find the that the unit switched inputs/channels at an agonisingly slow speed. Something like 8 seconds, it was ridiculous. I was soo dissatisfied, I went back to the store the next day to return it. The assistants tried to brush me off saying its normal, but I wouldn't accept it. Then the assistant manager phoned the 'store manager' who was home(?) who agreed I could return the item but would incur a £20 restocking fee. (thus I get the cost of the tv unit - £20 back). My question is, was Curry's in it's rights to charge for a restocking fee?
  19. Hi, in 2013 I hired a car from Europcar in Rome. I paid in advance and, after an uneventful rental period, returned the car. After, and with no warning or correspondence, an 'administration fee' was charged to my credit card for a supposed traffic violation. I queried this immediately but was told by Europcar that the 'authorities' would be in contact with me regarding the offence. It has now been over 18 months since I hired the car and no one has tried to contact me about any such offence. I therefore contacted Europcar again saying that I presumed that no such violation ever existed and consequently I wanted a refund of the fee. They have replied saying that, as per the T&Cs, they have fulfilled their legal obligation by providing my details to the 'authorities'. How can they be allowed to do that? I have no proof that any traffic violation ever happened. Without proof how do I know that the charge is not bogus? If they are allowed to do this then it is a licence to print money from their customers (whether or not there was a traffic offence or not). Any help would be greatly appreciated.
  20. I am looking into all previous credit cards and store finance, and want to see a list of charges for these. Do I have to send the £10 SAR fee if I only want to see a copy of charges to my account, rather than the endless statements? I have quite a few and don't want to pursue futile claims. please advise.
  21. Hi guys ill keep it short and sweet, i just received a letter from harlands saying i didnt pay my january membership even though i had money in my account and still have money in my account so i dont feel i should have to pay a £25 fee for this. what would the best response be and should i contact harlands or just contact the gym ?
  22. At Derbyshire Districts CAB we want to make sure that people in debt know that there are sources of free help; that they don’t have to pay whopping fees to a debt management company in order to get out of debt. To that end we have started the Fee Free campaign and we’re asking as many people as possible to help spread our simple message: You should NEVER have to pay for help with debt. Please help us get the word out. If you’re on Twitter or Facebook, if you have a blog or if participate in message boards and forums, you can help spread our message. You can visit our Twitter account (https://twitter.com/DD_CAB) and retweet our Fee Free messages. You can also find out more on our blog (http://feefreedebthelp.blogspot.co.uk/) and download posters, articles and pictures to share on social media. We think that our message can make a big difference to people struggling with their finances and we hope everyone can give it their full support.
  23. Hi, I'm wanting to bring a claim against a former employer for wages which were not paid - this relates to a very brief period of employment (1 month) between April and May 2014. As I am now a full time student with a limited income, I believe I would qualify for fee remission if I file the claim on a paper form at my local CC. However, I also understand that if I file the claim using MCOL and pay the court fee, I can claim this back from the defendant as part of the claim (assuming, of course, I'm successful). Just wondering really which is the best option? Part of me really wants to make the former employer cover this cost on top of what they owe me, however at the same time it is a gamble in case the claim isn't successful, or as I suspect may be the case the director does some jiggery pokery and winds up the company to avoid payment - and being honest I could do without being £105 out of pocket whilst I wait for it to be heard etc. Cheers,
  24. A new fee-free template for basic UK bank accounts has been revealed by the Treasury after a deal with major banks. Basic accounts do not offer overdrafts or cheque books, and may be given to those with a chequered credit history. Some holders of these accounts have been hit by initial fees of £30 or more after a direct debit or standing order payment has bounced. The cost can then escalate if the fees are unpaid. Under the new terms agreed, these one-off fees will be scrapped. Economic Secretary to the Treasury Andrea Leadsom said the new accounts would give basic bank account holders "certainty and clarity". "It will end people being effectively locked out of their basic bank accounts due to high fees and charges when their payments failed," she added. Account holders should also be offered a debit card, in order to withdraw cash from the UK's ATM network. Andrew Tyrie, chairman of the Treasury Select Committee, welcomed the move but said it came a year later than planned. Inside a debt charity: Matt Barlow, chief executive of Christians Against Poverty, says: We ask all our new debt clients to open a basic bank account with a bank that they don't owe money to. It is often not an easy business, especially for vulnerable people. In some cases, staff at the local branches are unaware of the basic bank account and we have found they inadvertently up-sell, offering the client a current account which results in rejection when they carry out a credit check. This is especially hard on someone who is trying really hard to get their finances back on track and take their first tentative steps to addressing problem debt. One of the other biggest stumbling blocks is that the banks want photo identification, which can be too expensive for someone without a passport or driving licence. There are only one or two companies which allow other forms of ID and we would love to see the Treasury tackle that issue. Another difficult element is the lack of a debit card with many of these accounts which really hit people in rural communities who end up travelling to a cash machine out of their immediate area and are unable to do shopping online. 'Fair fees' Some banks have, at times, withdrawn or reduced basic account holders' access to cash machines, prompting criticism from campaigners. There are an estimated nine million users of basic bank accounts in the UK. Nine High Street banks have signed up to the deal, accounting for 90% of the UK current account market. Access to basic bank accounts is extremely sporadic across the sector” says Mike O'Connor Chief executive, StepChange Banking industry body the British Bankers Association, which worked with the banks to develop the new template, said the revised account was aimed at people who might not be able to open a standard account and customers in financial difficulty. "These basic accounts will make it easier for more people to manage their money. They will have many features that will help people to budget, pay bills and save up," said BBA chief executive Anthony Browne. The EU authorities agreed a directive earlier this year that said all residents should be given the opportunity to open a basic bank account, with fees that were fair, and allowing people the opportunity to switch providers. Kevin Mountford, head of banking at price comparison website Moneysupermarket, said: "While the main banks have always borne a degree of responsibility to provide such facilities, these have often lacked clarity around fee structures and uncertainty as to who can and cannot apply, so this should now change. "It is essential that all banks fully enter into the spirit of this ruling and create basic banking products in order to help those customers who have been badly underserved in the past." Mike O'Connor, chief executive of StepChange debt charity, said: "The experience of our clients is that access to basic bank accounts is extremely sporadic across the sector, and things like high charges and limited access to cash machines can cause real problems on a day-to-day basis. "This move will give hope to the millions of people who currently feel locked out of the banking system, and help them to regain control of their finances. "However, signs of financial difficulty should not be ignored. We would urge banks and those across the credit sector to do more to recognise when people are falling behind on their essential bills and credit commitments, and signpost them to free independent debt advice as early as possible." More ...
  25. There is no date on this, so I don't know how long the information has been available.. http://www.which.co.uk/money/credit-cards-and-loans/guides/how-to-deal-with-debt/debt-management-companies-why-to-avoid-them/
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