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  1. Hi It seems that Cabot Finnace has brought both mine and my wifes credit card debts from Lloyds, they have not provided a CCA in the 12 +2 days. What do I do next?
  2. I thought I was good at maths but can anyone explain this to me? I have just 1 year and 4 months left on my mortgage. The mortgage rate has just reduced by 0.25% thus my mortgage rate has also reduced fro 3.75% to 3.50%. My repayments were £357.62 a month but have INCREASED to £378.10. That about 6% INCREASE per month. The mortgage company put a note with their letter saying the increase is because I am near the end of the mortgage term but I really do not understand that. If the rate has gone down surely the repayments should go down too. Can anyone explain this to me please? #confused.
  3. My PPI has been upheld and I will be getting a refund. Long story I fell behind a few years back and eventually the debt was sold on to another company. Could I ask who should the cheque me made out too myself or the "other" company?????? I was hoping to use the repayment to try and negotiate the debt to be written off??? Any advice please
  4. Hi Not sure if I'm posting in the correct forum apologies if not. Can a landlord of a property someone has moved out of contact utility companies and change the address on the accounts in the name of the old tenant even though the address they have given is wrong and nothing to do with the tenant? The address they have given was an old address that the estate agent had as a forwarding address some time ago, but the property has been sold and no longer relevant to the tenant. Also as the utilities have a new address, anything they send out will not be picked up by the post office redirection service so my friend (who this relates to) will not get her post?! And info anyone can provide would be greatly apprecited Thanks in advance Simon
  5. When it comes to bailiff enforcement, it is very rare indeed for a bailiff to seize goods within a property. In fact, household items are taken in less than 0.1% of cases. By far the most popular item to seize is a motor vehicle. Typically, a vehicle would raise significantly more than 'household' goods and more importantly, a vehicle would normally be easy to locate (either on the debtors driveway or outside of the property) making seizure and removal a lot simpler. If a vehicle has been taken, and the debtor considers that the vehicle should be 'exempt' (for instance, the vehicle may be subject to finance or the debtor considers that it is 'necessary' for self employment etc), then the solution is to submit a simple 'Part 85' claim to the enforcement company. In many cases, a vehicle may have been seized in relation to a previous owner's debt. If so, the new owner (and not the debtor) would be required to submit a simple 'Part 85' claim. In the past two weeks, there have been reports of three instances where debtors have failed to follow the proper procedure....and in each case...the debtor has found himself in a much worse situation (and in once case, could have been facing a charge of perjury). Case One: The debtor complained on social media that her vehicle had been clamped by a bailiff. The debt was hers and the vehicle was registered in her name. The debt was around £400. The advice that she was given on 'social media' was to 'transfer' the vehicle to her husband !! This is a extremely foolish step to take given that the regulations specifically state that goods become 'bound' from the date on which the Notice of Enforcement is sent. This regulation was put in place to stop debtors selling their goods to evade bailiff enforcement. On ‘social media’ she was introduced to a known ‘bailiff baiter’ who offered to speak to the bailiff. The call was terminated by the enforcement agent. The outcome was that her car was taken. This step added an additional 'sale' stage fee of £110 to her debt. The lady then spent the next few days trying to convince the enforcement company that the vehicle 'belonged' to her husband. She was advised that if the car really did belong to her husband that he (and not her) would need to submit a 'Part 85' claim and that, as part of the claim he would be required to provide the following: Evidence of the date that he acquired the vehicle. Evidence of the how he paid for the 'purchase' (bank transfer, cash etc). Evidence that he purchased road fund licence. Evidence that he insured the vehicle. Given that the 'sale' to the husband was 'bogus', the husband could not truthfully submit a 'Part 85' Claim. The debtor contacted me as the enforcement company had advised her that the debt had increased to almost £700 to include storage fees. She paid the full amount to recover her vehicle.
  6. Hello, I home someone can help with this problem. Around December 2009, after finishing university I put some belongings in storage with Clockwork Removals in Edinburgh figuring I would have them transported once I started work again. About a year ago, I requested that they send my items over to France. Then we discovered that these items (six packing boxes) had been "misplaced" when they moved to new premises in Granton. I've been trying for a year to get my belongings returned or a refund (£65 x 12 months x 6 years = £5500 + value of belongings). Needless to say, Clockwork aren't cooperating. The first time, they asked if I could come up to their warehouse to help identify my belongings. Second time they said they had found my four chairs. Third time, they refuse to talk. It looks like I am having to go legal on this one?
  7. Can anyone cast any light on this My previous landlord has disposed of some expensive goods I was unable to remove from the property when I left. I have been trying to make arrangements to have them collected. I was sent a letter saying that if they had been removed, I owe charges for this, and if not collected within 7 days of the date of the letter, would be disposed of. There was no information on the letter as to where the goods were, collected by or stored at. I replied within 7 days of receiving the letter, but have been told that as that was outside of the 7 days from the date of the letter, they had been disposed of. It is my understanding that a landlord should provide at least 21 days notice, and 3 months if they claim I owe them money (which they claim I do, for rent - which incidentally I don't owe!) Can anyone help me out with this issue?
  8. Dear all A current AST comes to an end on a property on the 17th August. When my agent enquired whether the tenants would like to renew, they told him they were splitting up. On this basis my agent advised issuing a S21 as he was concerned about affordability. The tenants are an unmarried couple with three children. One of the current tenants (male) is now starting treatment for a serious condition and now the partner of the sick tenant has texted me offering me 6 months rent upfront to stay when the AST ends as she says that they are working on getting back together and don't want the stress of moving. There is a guarantor already in place for this AST plus 6 months deposit. I am tempted to accept this as it will avoid a void period. Is there anything to be concerned about? I know Johnson V Old has ended concerns about registering rent upfront as a deposit. If I accept this, should a new 6 month agreement be put in place (as my agent suggested)? Or should I let it go on to a monthly rolling tenancy? What about the notice period and serving a S21 when the 6 months draws to an end? The female tenant apparently told my agent 3 weeks ago when we sent the S21 that she would stay on regardless (seems to have backed down on this though) - so I am slightly worried about her volatility. It would have meant I would have had to get a possession order. My agent's renewal charge is 4 %. Would you expect that a 6 month renewal means that I would pay 4 % on the 6 months rent? Sorry if this post is confusing. I guess I am asking if anybody thinks it might be a bad idea to let them stay on after the threat of staying after the AST expires. Obviously they still might if the council advises them to stay and the 6 months upfront would mean this potential disaster is abated but what are the issues after the 6 months elapse? Thanks in advance for any advice
  9. Hi All, I have around 6 complaints with the FOS. 2 of which have already been looked at by an Adjudicator who rejected them both. When she did she told me that an Ombudsman will probably side with her? Is this right? I have complained to her Manager as I really felt that she was biased from the start. I have asked for an Ombudsman to look at them but now after what she said I am wandering if its worth it. Luckily my other 4 complaints are now being investigated by another adjudicator as I requested. Any help would be appreciated.
  10. My landlord has submitted a claim and now I have a form for defense. I have been abused by the landlord over 4 years and last year I finally managed to have the council serve a notice for repairs which were done in the worst manner possible. I know the following: 1. I was never given details of my tenancy deposit being protected until now where I have seen them for the first time 4 years on. 2. The name on the claim form for the landlord is the wrong surname 3. The council requires a landlord to have a licence prior to submitting a section 21 and this was not done. 4. The court application for possession was made prior to the end of the fixed term of the assured shorthold which is June 29th and this was submitted on 26th May. 5. The second landlord (as there are two), does not reside at the address stated on the claim form. There are two boxes for two people and the second one is blank. What about issuing a counter claim for breach of contract under the Housing Act and Landlord and Tenant act for failing to carry out repairs once being notified in reasonable time for a period for 4 years? When would one submit this claim as a counter or is that done as an entirely separate matter in the courts? Shall post in 2 seconds.. uploading now here are the claim form pages Will make into a PDF. two secs Ok attached attachment.pdf
  11. This is regarding a Car sale , but the [problem] could apply ot anything. ( whats wrong with the word Sc@m ?? ) My Dad is 87 and a bit out of his dept when thing gets outside the simple Ebay type see /pay .buy /get delivered senario. He paid 3k to a Apparently legit Escrow comany ,based on an advert on Ebay , the advert got pulled the instant he asked about it and then went via thier messaging system . But it seems now he's been had , as part of a larger [problem] involving a number of websites , hacked and giving glowing referencesto this fake company . Actually on investigating its not just one fake site there are dozens all doing the same thing. see here ... his is the top one ... Revenna It does fall under the " if it too good " it probably is .. He did a bank transfer fro Santander to Trustees saving bank for £3000.. Just doing an action fraud Report . But is there anything that can be done to try and get the money back ! Our first contact was with Santanders fraud dept who have said, no chance as he did it willingly , hard luck!! cheers for reading this Chris
  12. Hello, This is something I'm losing my sleep over. I've struggling for the last six months with the HMRC to obtain a full and detailed employment history going back to 16 years ago. I need this, because I need to send a request for permanent residency and I've lost some documentation. I first wrote to the HMRC last November and they replied almost immediately but only sending my national insurance contributions record. Then I wrote again in December, pointing out that I needed a breakdown of my employers instead. They replied in February, again sending the same ni record. So I called the hmrc helpline and the operator suggested that I wrote a request under the Data Protection Act, which I did immediately. I called the HMRC again in April and they told me that, due to the length of the period, it might take up to 375 days. However on their website they state: Now it's more than 3 months and yet no answer has come. Incidentally, re-reading the letter I sent, I have realised I had omitted my national insurance number. Terrible mistake, however I had included so much data that they could identify me without delays. What do do now? I'll call the HMRC tomorrow and if it goes nowhere, I'll write a second letter. Is there anything else I can do? This thing has been eating me for the last six months. Thank you
  13. In last week's White Paper on the future of the BBC, the Culture Secretary; John Whittingdale confirmed that watching TV without a valid TV licence will continue to be a criminal offence. At present, 13% (approx 180,000 cases) that go before the magistrates each year are in relation to TV licence evasion. In the consultation paper it was stated that 'more guidance' was required in relation to this offence together with 'proposed culpability factors'. Presently, the Sentencing Council are undertaking a large-scale revamp of sentencing rules for 27 common offences dealt with by the magistrates and if approval is given, the new sentences will take effect in the autumn. Yesterday, it was announced that substantial changes are being proposed by the Sentencing Council in relation to TV licence evasion. These proposals (if approved) could see many of the fines significantly increased, and in many cases....doubled. The most significant part of the Sentencing Council's proposals concerns the new 'culpability factors'. Under the proposal, the crime will be considered more serious if the individual: Has not tried to buy a licence; If they have tried to evade detection; Have additional subscription television service (Sky, BT TV, Netflix or Amazon) The effect will be that JPs will consider that an individual who is a Sky, Netflix, Amazon or BT TV subscriber will have committed a Category Two crime rather than the lesser Category Three offence for which they would currently be guilty. For individuals who have failed to pay for a TV licence for more than six months the offence will be Category One, which would mean the fine would be at the top of the Band B range.
  14. I have received 3 recovery letters from Indigo Car Parking (also known as PCN Admin, ZZPS) in respect of recovery of a parking ticket that has been cancelled. Every time I receive a new letter, I respond with the email confirming cancellation, but the letters keep coming. Does anyone known what I can do to stop this nonsense?
  15. Read More Here: https://www.gov.uk/government/news/the-invictus-games-has-begun-with-a-glittering-ceremony-in-the-us
  16. Strictly, speaking this is not a subject that would normally feature on the 'bailiff discussion' section of the forum. However, with the subject matter regularly featuring on the popular TV series; Can't Pay We'll Take it Away' it may well assist some viewers. Anyone watching the TV series would have seen the many instances of a tenant is being evicted. Routinely, the tenants had been advised by their local authorities that in order to gain assistance with emergency housing, that they must remain in the property until the actual eviction. It would seem that this practice must stop. The following is taken from a recent article from the Sheriffs Office: Housing minister, Brandon Lewis has told all local authorities to stop routinely advising tenants to stay put until the enforcement agent arrives before they can be accepted as homeless. Mr Lewis has written to all the chief executives of local councils saying that households should not be put in this position, and clarifying the guidance about homelessness. In his letter he says, “Authorities should not routinely be advising tenants to stay until the bailiffs arrive; there is no barrier to them assisting the tenant before this. By doing this, local authorities miss a valuable opportunity to prevent homelessness.” Mr Lewis writes that the statutory Homelessness Code of Guidance, which local authorities are required by law to have regard to, is clear on this matter and contains guidance on how they should treat homelessness applications where a tenant has received a valid S21 notice. This is what Mr Lewis’s letter highlights about what the guidance states: -Housing authorities should not, in every case, insist upon a court order for possession and that no local authority should adopt a blanket policy in this respect. -If the landlord intends to seek possession and there would be no defence to an application for a possession order, then it is unlikely that it would be reasonable for the applicant to continue to occupy the accommodation. -Unless a local authority has very good reason to depart from the statutory guidance, then they should not be placing households in this position.
  17. Hi to you all who have taken out loans with this company me also being one I feel we are all same unite here cos we are all similar cases loans done by the company mine has been too trauma to put on here its cost me dearly in my nerves etc I just want to say thank you for saying on here to each and everyone of you I know we all have experienced same things to do with this company, please hang on cos I believe there is now light at the end of the tunnel. BLESS YOU all and try relax , sometimes it just takes one more to move the mountain . I had to remember nothing is impossible is it, release is coming we have to remember its just a loan and yours and my views count , whither its 1 person 2 people 50 people 1,000 plus people with same view multiplication is coming or is not needed because sooner or later it just takes the right place, action, things, people to change things.
  18. Early last year my husband received a county court summons for £11,500 for a credit card debt sold on to a DCA. He replied and defended the action on the basis of the limited information on the summons and that he was awaiting a reply to the CCA letter sent to them on the day the summons was received. He never received a copy of the CCA, just a letter from them saying the debt was no longer enforceable and they could not proceed any further through the courts, but would he please call them to discuss a repayment plan. They also promised to forward the copy of the CCA. That was over a year ago and we are still haven’t received the CCA, but what he did not advise them was the debt would not really be statute barred until last October , three months after their letter. Move forward to now, and I have received a letter from the same DCA and they are chasing a debt for £8.250 for a card of mine. This will become statute barred in the middle of August when it will be 6 years since the last payment. I received a letter from them dated 6 April but not received until 12 April, saying if I did not contact them within 14 days they would commence legal action. My understanding of statute barred debts is they expire six years after the last payment or admission of the debt and the creditor has until this time to obtain judgement. Is this correct and can the DCA request to the courts an extension this period for the time it takes to transfer to a local court and to a hearing? The default for this will expire soon and I am l keen to keep as clean a record as possible after eight years of financial misery. I appreciate I am morally wrong but this DCA will have purchased the debt for peanuts,
  19. Hello. I have a Santander 123 account and have been paid interest, less tax, on it over the last tax year. I was surprised last week when all the tax I'd paid on the interest was returned to my account. Has anybody else on the forum received the tax back and does anybody here know why? Thanks
  20. The MOD has updated its information on Support for Veterans on 7th April 2016 READ MORE HERE: https://www.gov.uk/guidance/support-for-war-veterans
  21. Hi, I bought a used car from a dealer on 3/2/16 who is a 6 hour return journey from where I live. I paid a small cash deposit and had the rest on finance. When I arrived at the dealership the condition of the vehicle didn't match the description I had been given by phone e.g., there were scratches that had not been mentioned and that the the pictures didn't show, 2 of the tyres were bordering on being bald and one of the electric windows didn't work. Because of the distance I had travelled by train, and because I was in need of a vehicle quickly, I was put in a bit of a position so when the dealer knocked £200 off the price of the car and included a 6 month warranty (to enable the window to be repaired) I went ahead with the purchase of the vehicle. Some time after getting the vehicle home I started to notice that there was some fluid leaking from it, and when I looked into it I found it was steering fluid and the vehicle was loosing all of it's steering fluid in the period of a couple of days and continuously has to be topped up. I informed the dealer about this and they told me that I should either get the vehicle repaired under cover of the warranty, or take it back to them (6 hour round trip) for the repair to be carried out. I took the vehicle into my local garage for inspection and they confirmed that some pipes need to be replaced costing £360 but the work is not covered under the warranty. I informed the dealer of this and sent them a copy of the estimate, and I asked if it would be possible to have the repair carried out locally as it is not practical to travel for 6 hours to have this done, but they have just ignored my email. Will someone please be kind enough to advise me what my rights are in this situation and what my next move should be please? This fault was obviously present when I bought the vehicle even though it was given a new MOT. Thank you
  22. Hi looking for a bit of advice but not sure if this is the right place. Long story short is i paid of my daughters loan of 7.5k the loan company now want to know where the money came from and are refusing to update the loan as paid on her credit file and will not close her account. She told them i paid it off but they want details of where i got the money from, now i can show them but why should i Thanks for any advice
  23. Hi everyone. First time poster so please bare with me. I took out a personal loan from a Bank to purchase a car 2 years ago because my GF at the time did not have the credit rating in order to do so. Each month she would send me the money via bank transfer to cover the repayments going out of my account via Direct Debit as agreed from the beginning. We have since split up and she's decided to sell the car and stop giving me the money for the Bank Loan repayments. Her name was on the V5 document as the registered keeper, however as I bought the car outright myself and have proof of doing so in the form of a Vehicle Order form and Loan Agreement from the Bank my question is is it illegal for her to have sold the car without my permission? I also have recent text messages stating that she will always pay for the car but has not done so in some months. Where do I stand?
  24. We bought our home approx. 11 years ago through the old Homebuy scheme through a housing association called Beth Johnson. we got given a 25 % loan which is repayable at any time in the future, and whether the house increases or decreases in value they have a 25% return upon sale . We still own the property but its legaly called a charge or something . We put a biggish deposit down ourseleves . The house is worth approx. £170k now and the mortgage is around £60k we are divorcing and I need to contact Beth Johnson to ask them legally if I can ever transfer this to another property and at least inform them that divorce is in progress and I may be the sole owner if the Halifax agree . Beth Johnson seem to no longer exist ! Every time I google it Sanctuary Housing comes up - so ive emailed them to ask who on earth has a charge over my property now .No reply . Im a little shocked that I never received any documentation to say Beth Johnson had transferred ownership or whatever happened to them,, and that I have absolutely no idea who now has a charge over my house ? Any advise would be very helpful ?
  25. Does anyone know if a bailiff can levy goods when the original debt has been paid? The debt was paid to the council in full, and now the council and bailiff company are saying tough, you need to pay the fees of £310 which is more than the debt was for. I know the usual advice of not letting them in and stuff but i can't find a definitive answer on whether they can levy if it's only their fees owing. As far as I am concerned, I paid the Liability Order in full.
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