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  1. Hello, Ive used this site before and got great advice. I now need it again. I have a Conditional Sale Agreement with Moneybarn, taken out in February 2015. I have had a few arrears, agreed a payment plan but missed one of the payments on that plan, now they have issued a termination notice. I originally complained about it as I was able to pay all of the arrears off on the 25th May, and the default required them to be settled by the 6th May. The complaint letter I received stated that they would investigate and put the default on hold until they had responded. I have sent all details such as ability to pay, evidence to them etc in, and I asked them if I should just clear it now, to which I was advised "only if it wouldn't put you in financial hardship". Since then, the termination notice has come through, and their asset management team has passed my details onto a repossession company. What are my options here? Its less than 1/3 paid off, I do have the ability to clear all the arrears, but I am also not happy with the way they have conducted themselves. I have tried to call the person managing my complaint today 4 times and had no success. The car is on my driveway, so I don't think they can take it ( having read up on that), but should I go down the court order route? Should I hand it back and just get another car? Any advice greatly received
  2. Hi Guys I need some help with Private parking charge ticket. I am the registered keeper of the vehicle but was not driving the car and the car was been driven by another family member who does not reside in this country as the live abroad. I was shocked to get a parking charge notice from CPM letter saying formal demand notice as I have never received any notice or parking charge ticket on the vehicle. So having done some research, here is what I have noted. 1) According to the formal demand they states that they have issued the PCN to the vehicle because on 27/03/2016 at 23:22 it was parked where the driver became liable for a parking charge. I have checked photographic evidence on their website it shows photos were taken from 23:02 and the last photo was at 23:09 but nothing to show the time 23:22 2) PCN issued on the 1/04/2016 for not displaying a valid permit – Their letter states time issue as 11:19 (Confusing) 3) According to the photos of the signs they have taken they have indicated that they are member of BPA, This is also confirmed on their website but their letter shows that they are a member of IPC. Does this make a difference? I noticed that CPM is under UK Car Park Management Ltd which they are a member of IPC and not BPA . 4) Payment on their website states that ; “Payment Details This Parking Charge Notice is now 26 day(s) OVERDUE. All credit and debit card payments are subject to a £1.50 Processing Fee.” Are they allowed to charges processing fee for debit card. Can someone please help me to draft a letter for these people. I m stuck and I don’t know what to do…
  3. I am the owner of a car and my wife the driver. On 31/03/15 my wife met her friend on for a meal one evening and parked side by side with her on what they thought was a free car parking space at the side of the Croma Italian restaurant in Prestwich , Manchester. neither of them saw any signage and plus it was about 7:30pm in the evenings wasn't expecting to pay parking. Apparently there were signs according to excel? After now numerous letters from excel parking, zenith, rossendale (all ignored). We have a letter from BW legal - a final notice saying that as i have ignored the last letter offering a discount of £80 they now have been instructed to commence proceedings in county court if i do not pay with 10 days of the letter date . The letter is dated 9th may 2016 and I received it on the 14th may. The letter states i have to pay £54 excel costs plus £100 fine. - Remember i am not the driver (I'm the owner). I have never corresponded to parking charges before and they always stop after a year or so but these seem more "legal" and possibly I'm now entering a reality whereby they will take court action? Q. has anyone had this "final notice" letter and when or how did you deal with it?
  4. Hi, I am looking for some help/advice regarding a court claim for an historic credit card debt with Capitol. I put in a defence to their claim and just had a notice of allocation. It needs sending tomorrow as it need to be served by the 28th of this month. It seems that their solicitor as written to the court and asked them to progress this to an hearing which seems to have been granted.
  5. I am trying to pursue a company in Scotland via small claims court, I have received the paperwork back today Subject : Claims Issued Out Of Jurisdiction Please find enclosed claim forms returned to you for service, As this is a claim form to be issues out of the jurisdiction of the court. Money Claims Centre no longer servers the claim form direct to the defendant. The money Claims Centre has received this guidance from Court Business Support and as directed by a District Judge. Rule 6.4b of the cilic Procedure Rules only refer to general service by first class post to a jurisdiction within England and Wales and does not apply to foreign process. There is no provision to serve papers to addresses outside England and Wales I have rang PSU in Liverpool who in my opinion wasn't overly helpful in the pack returned I have :- Notice of issue (Duplicate) - I believe I keep this and fill in the missing dates of when sent, when it was received and date to reply Copy of claim form and submitted evidence - which I send to defendant N510 form - do I send that to the defendant ? Response form - which I assume the defendant needs to ? I need to know if I can put all the paperwork in the post and send via recorded method ? I need to know how many days I have to give the defendant to reply ? I know this is urgent and need to deal with it ASAP thanks for your support
  6. Hello, I've not posted on these forums before but I have been an occasional reader and understand they may be occasionally monitored by DCA staff, so I'mm be intentionally vague with some of my personal info... I have been contacted by Lowell regarding an alleged Barclaycard debt that they have purchased. Although I have had an account years ago with Barclaycard that defaulted whilst in dispute over a number of issues, I do not recognise this debt as mine as the figure quoted by Lowell is much higher than that which I left in default. The amount quoted is a significantly high figure, but is less than £10k. As I did not recognise this debt I thought Lowells might be trying it on, so I ignored their contact as I felt I had better things to do with my time and I'm also something or a procrastinator. I open the most recent letter to find that it reads like this: "Having assessed our options, we intend to take legal action to recover this debt if you do not contact us to agree a repayment plan" "What legal action means" "1. A claim form is issued by the court." "2 Court fees, colicitors costs and interest will be added to the claim form which could increase the amount owed" "3. If you do not respond to the claim form a CCJ may be granted against you" "4. Should a CCJ be granted, this will be registered on your credit file for upto 6 years and may impact your ability to obtain future credit" "We'd prefer to work with you" "Our preference is to work with you without taking legal action. Please visit our website, etc etc." There is also a deadline on the leter by which to contact them, which I noticed was not on their other letters. The deadline is for a date this week (I opened the letter a little late, sadly, but I still have time to mail them) I don't know if anyone else has had this exact letter, but by the assertive "we intend to take legal action" phrase on it, I'm guessing that this is likely what they will do given how close the Stat Bar date is unless I can take some action to prevent them from doing so... The last payment I made to BC was VERY VERY nearly 6 years ago, but not quite. We're talking about a matter of weeks here. Other info that may be relevant is that the BC card itself was originally taken out circa 2002 and I've heard the credit agreement info for BC cards can be hard for them to obtain from that time period? Further; this card did have PPI on it from inception through to more or less the default, although not quite, as I do recall it being cancelled perhaps 6 months prior to that. I've submitted to claim toward this PPI to-date, but given my employment status at the time (6 months worth of full sickness pay as a benefit, and so on) it seems likely this would be considered mis-sold at the time of taking. Just me guessing though. Furthermore, the disputes I had with Barclaycard were regarding penalty charges. Also, they sent me a letter in early 2010 telling me they had been charging me incorrect interest and applied a credit to my account. I feel that this incorrect application of interest at an earlier stage of my BC contract may also have contributed to me struggling to make payments at the time, leading to the penalty charges, and leading to the ultimate default. That last part is perhaps a bit of waffle, but Barclaycard were pretty terrible at handling my account. My last payment was actually to Mercers who took a payment from me on the condition that they would reduce my balance down to he level I felt it should be at from prior conversations. They took my money and reneged on the agreement as no adjustments were made, so I made no further payments. The truth is that I was aware this debt would be statue barred very soon, and wasn't particularly worried about it until Lowells sent me this most recent letter, as they may well file a court claim literally days before the statute bar. I've seen a letter on another site entitled "pre action request for information" which is supposed to mean that action cannot be taken until my request for information is handled. Is this is true, it would make it virtually impossible for a court claim to be submitted prior to the statute of limitations period being reached. However, I want to ensure I'm taking the right steps before I do anything rash. The last thing want to do is somehow occidentally acknowledge the debt when I don't, because I never owed that sum of money! Has anyone had a similar experience to this in terms of the timescales and so on.. . is the pre action request for information a good idea, or would there be a better letter to send? I'd really like to post my response today or tomorrow so any quick replies or reassurances would be greatly appreciated. I'd paste the letter from the other site here, but I'm not sure if that's bad form? I chose to ask for help on this site as it seems a lot more active and I've seen some people get great results here from past readings ^^ Thanks in advance... Sorry, just to clarify froma typo, I have NOT submitted a claim in respect to the PPI... I somehow made it sound like I had (couldn't find an edit option after I'd posted)
  7. Hello there. I have been served an N1 claim form from a dodgy builder I sacked for substandard work. The Statement of truth has been filled in by an unknown party ( Name printed and signed) but they have not stated who they are. They are NOT the claimants solicitor as he doesn't have one. Neither Claimant ,Litigation friend or Legal representative has been selected from the options and neither has the name of firm or position held . It seems clear to me that the statement of truth is not binding and the form should not have proceeded through the court system with this error. I am in court this Wednesday the 20th April. The question is - Is this claim form legally binding . What is my legal position. Is the claim void in its current state. Thank you.
  8. Hi everyone, sorry I'm posting a lot. Bailiff from Marstons arrived at doorstep at 8:57pm says I have to pay £797 for unpaid car tax. i ghuess it relates to a car I sold last year. I never received a magistrates summons. he says I have to pay tonight or he has to enter the property and document belongings etc... what can/should I do? thanks so much
  9. In October 2015 we ordered a new Buccaneer Cruiser caravan and paid a deposit of £1000. The caravan is due to delivery within the next few days. We chose this caravan as it is wider and has self levelling making it easier for me as I have rheumatoid arthritis and therefore mobility problems. Between the time we paid the deposit and now we raise a few issues about the rear panels on these caravans as there was an issue with some developing cracks. The caravan is advertised with a 10 year water ingress warranty and one would assume that this covers the outside panels however on reading the owner's manual which cna be obtained online I found out that the panels only had a 1 year warranty. I emailed the dealer on a few occasions with our concerns about the rear panel and they replied and gave us re-assurance and I left it at that however on Saturday someone went to take delivery of their 2016 Cruiser and foudn crazing on the rear panel. I raised this with the dealer as we were have 2 units fitted onto the caravan and requested if we coudl view the caravan when it was delivered and before they did any fitments to the caravan. This was their response; Martyn is on holiday at the moment and won’t be back for a few weeks .I have just been looking through your email with the concerns you have with the buccaneer cruiser 2016. I then started to look though the rest of the emails you have sent us over the past few months. You have great concerns with the caravan . On a personal level ,this occasion we feel this would cause you a great deal of stress to yourself and the company if a problem was to happen in the future with the buccaneer cruiser. with this in mind on this occasion I obliged to return your deposit and cancel your order. we feel this is the best course of action for you .can you please call us to return your deposit asap . Can they cancel the order and issue a refund bearing in mind that they have had our deposit for 5 months plus I have had to paid £425 for the air con on our current caravan to be transferred and another £99 deposit for a Paintseal treatment? The wife is absolutely livid as she has been looking forward to us taking delivery of the caravan.
  10. On Sunday I booked a holiday through love holiday which came to £300 for the two of us. Today I got an email requesting for me to call them and when I did they said that the holiday that I had booked was overbook and I now must pay £1000 for the next room up. I have already paid £130 to the previous holiday. Can they do this to me? What rights do I have? I must phone them back within the next hour please help
  11. I wonder if someone could advise please. I called on 5.1.16. for a DLA application for my child. I completed the application by downloading the form. My child who requires day and night care. He was awarded personal middle rate care and low rate mobility. The first payment was the date they received the application - not the date when I phoned i.e. 5.1.16. and I did enclose the page they sent which stated I called on 5.1.16. and it had to be back by mid February. I have called DLA and said that they have not taken into account the night time care my child needs. He is up twice a night for around 15-20 mins and sometimes has to sleep in my bed. DLA said that they 'thought' he only got up 4 times a week during the night for the toilet. I said it was clearly stated that every night he has nightmares and I have to get out of my bed to attend to him. They said they hadn't read that - it is clearly stated. I also said that even though I downloaded the application, the award started from the date they received it. They said the it was because I used the download form - even though I attached the paper page version of the date I applied. So it went to a mandatory. They wrote back and said that there was not enough medical evidence about the night time care enclosed with the application (I sent my GP's letter) - they have not contacted my GP. Now I've had my mandatory, if I'm not happy I have to go to appeal. This is unfair as if they had doubt about night time care, then they could have written to my GP. Is there anything else I can do about this instead of going to appeal as clearly they have not read the application properly and now I've 'spent' my mandatory. Also can someone advise me about when the DLA should have started. Many thanks. BTW I wanted the paper version for the Notes as I haven't got the money to keep paying to top up my ink on my printer.
  12. Sorry for the lengthy post Bought a second hand 4x4 off a dealer, and it's had a wealth of problems. It was out of warranty (3 months - though I know this mean nothing), we took it to a local garage - in fact, we actually only took it to a local garage because of another issue, so weren't to know we should have taken it to the dealer (who's mechanics would not have been able to look at it for at least a week anyway). Here's my letter so far below (my partner is the owner, so in the letter I read as the partner). Our issue is right now, that he has agreed to get the garage he uses to fix the timing chain, but not for 3 weeks, and to be honest, a) this is the garage that looked at the car saying the brakes were ok, b) the mechanic who swore at my partner c) we have no guarantee when he looks at it in 3 weeks, he won't try and argue that it doesn't need doing, or is a recent fault and expect us to pay for it anyway d) we have lost complete faith in them. We have looked into it, and to hire a 4x4 pickup for this time, will cost more than the cost of the repairs. We also believe that he will fit non genuine parts, as there as no way that he could get fixed for cheaper with genuine parts. Also, we would have to, for peace of mind, have the car inspected afterwards. Where do we stand? Will we get anywhere if we claim for any of this? I know he has agreed to repair, but it will cost us more to go with that option. I've had enough quite frankly. It has made my partner ill (and I mean ill, he has a historic brain injury and the stress has knocked him down, and will effect him for a long time yet), and already cost us over £600 as we have spent 3 days trying to resolve. INFO: the car has done just over 2000 miles since we bought it, now at 80,000 miles. the issue with the brakes, bearings etc occurred approx 400 miles ago. The issue with the timing chain was diagnosed this week, but according to the mechanic has been present for a long time, and could have broken at any time. DRAFT LETTER I brought my vehicle from your garage on 3rd November 2015 for £9650. I collected on 7th November 2015, as you said you would have the car serviced and the brakes checked. Vehicle make & model: Nissan Navara Registration: XXXXXXX Before collecting the car you assured me that the car would be serviced and the advisory on the MOT certificate for the brakes looked at. On collecting the car, you advised me that there was no problems with the brakes and this had been checked and was satisfactory. After driving the car, I still felt that the brakes were not in satisfactory condition. You assured me, that the mechanic had looked at them and this was just ‘how they were’ on this type of car. Within a month, the car developed an issue which meant it kept cutting out. You said you would fix, but were unable to do so for at least 1 week, which meant I had to hire a vehicle in the meantime. I also mentioned the brakes again, and asked for them to be checked. When I brought the car in to have the issue resolved, the mechanic was extremely rude to me, but the car was booked in, and I was assured that the problem had been resolved and there was no issue with the brakes. The car did cut out a few times, in the next few months, but we put this down to the cold weather as it was very intermittent. At the start of February, I had to call green flag out due to an issue with car (a large metallic scraping sound from the right front wheel). Green flag attended, took the right front wheel off, finding rusted out brake discs, a loose track rod end. Green flag advised that they couldn’t see anything serious, but that I should book the car into the garage as the track rod end may need replacing, or that it could have been rust scraping on the car making the noise. The green flag mechanic advised, that he if needed he would follow me to the garage, or if I came into difficulties, to call Green Flag again for the car to be recovered. I said, I would book it into the garage and drive it there, but ring Green Flag if I had any concerns during the journey. Needing some new tyres, I booked the car into the local garage (Sidmouth Tyres and Exhausts), and asked them to look at the track rod end whilst it was in. I then received a phone call to say that the track rod end and bearings did need replacing, and the brakes were in such a bad condition, they were dangerous and needed to be changed. As I needed the car to be safe and useable, I agreed to have this done. This made me very concerned, as I had been assured by you that the car was in a safe condition and that the brakes had been checked, I booked the car in for a full service . I then had to go to an event in London, so planned to contact you the following week to see if we could find a resolution. The sat nav & media system also started to work inconsistently when i looked into repairing/updating, was told, they couldn’t do this, as it was a cheap Chinese import and hence, could not be repaired. On the day before the service, the car started to cut out again, we asked him to check this. On the day of the service (23rd February), initially, the mechanics thought it was an issue with a sensor and changed that, but after further research found that the issue was with the timing chain, and had been the issue all along. The mechanic believes that this was a fault when the car was sold. The mechanic advised that it was not in a safe condition to drive. My partner then contact you via phone on the morning of 25th February. You said, you would have to look into this. At this point you admitted that you had not had the car serviced as promised when you sold me the car. You said that as it had a recent MOT (1.5 months earlier and over 1000 miles earlier), you had not bothered with a service. You agreed to call back by 1pm You called back at 11.45am, and my partner explained the issues again. She also explain that the garage were prepared to write a report detailing the issues, and stating that they believed them to be there when the vehicle was sold. You said that I should have brought the car back to the garage. My partner explained, that this would not have been possible, as we had taken the car in for a service, and they were replacing a sensor (which was thought to be the issue), and it was only then that the problem with the timing chain was found. My partner explained, that the car was unsafe to drive, and that it could not be moved. You said that you could not authorise the repair without your partner, and this would be at the earliest Tuesday. My partner politely explained that we needed the car for business purposes, and if it wasn't fixed in the next few days we would have to hire a vehicle, which would be very expensive. My partner tried to be reasonable, and said that we would write off the money spent on brakes, bearings, car hire, sat nav, if you would agree to cover the costs of timing chain. My partner advised, that if we could not come up with a resolution, then unfortunately we would have to start with legal proceedings to claim all of the costs back. You said you needed to speak to people, and would call back by 2pm. You called back at 2pm and said that you would not repair the vehicle, or cover costs. You told my partner that she should contact VOSA about the MOT not showing up wear on the brakes. My partner stated that this was not up to her, as she had been sold the vechile with the MOT already, and that you had said you would service, and didn't. My partnet tried to reason with you, but you were adamant that it was not your issue. You were quite rude, and my partner was very upset. My Father then visited you at XXXXX, and spoke with you in person. You then agreed that you would speak to the local garage the following day and get the problem resolved. On the 27th February at 3.30pm you did speak to the local garage, and you then advised that you would not pay for the vehicle to be fixed by the local garage, but would have it recovered to your mechanic and that he would complete the repairs. You said this would be on the 16th March (nearly 3 weeks later). The vehicle would also take at least 2 days to fix. My father then rang you and asked if you would provide a courtesy vehicle, or pay for hire vehicle in the meantime, as I had to continue to use a vehicle for my business. You declined to do this. I then got quotes for the hire of a similar vehicle for 3 weeks which amounted to more than the cost of repair. I feel you have left us in a situation where we will have to get the car repaired ourselves, or we will lose money, not to mention the stress involved, and time taken.
  13. I will try to fill you in as briefly as possible! In September I received documents from Northampton of a claim issued by Hoist Portfolio. the particulars of claim were very vague ie no date of debt, no date of assignment etc. I acknowledged immediately and stated intention to defend. I sent off CCA and CPR requests in accordance with the rules. These were disregarded and I received no response. It was allocated to small claims and transferred to my local court. The hearing date was set and a deadline of 25th Feb was set for returning witness statements. At this point I had received precisely zero info from the claimant as requested, I constructed my witness statement along the lines of 'I have no info re the debt so can't defend something I have no knowledge of', the claimant was attempting to frustrate my efforts to defend in not disclosing any information and disregarding my CCA request and CPR request. I served a copy in the claimant and made sure it was with the court in time, brownie points to me I've now received (after the deadline) the claimants statement, and I'm wondering what to do. In their bundle they have the original agreement (in a different name to that on the court docs) but barely legible, a statement of account, and issue of default. My query comes in because on the statement of account, there are payments between July 2009 and Feb 2011 which came from a current account but we're not expressly authorised by myself. The debt is for a credit card and I had a current account with the same bank. So these payments were taken from my current account (I guess under the original contract I signed for the card this was authorised) but I didn't expressly make those payments myself. In fact I seem to remember trying to stop the payments, and they kept taking them without my agreement. Do these count as acknowledgement of debt? If these payments are disallowed, the debt should be statue barred (date of default was 25th June 2009 and I would argue that subsequent payments were not made with my authority). Or does it not matter, as I signed a contract therefore indicating my authority to take these payments? If it's not statue barred what should I do, as I'm now thinking they have me over a barrel even though their documents were late to arrive. Apologies if this doesn't make sense to you all, it does in my little head! Many thanks in advance for any advice you can offer!
  14. Hi All, I'm new here and after reading so many helpful posts I was hoping someone could help me. I have received claim forms and wondering what to do next, please find the information I have completed below as I have filled out the questions asked: Name of the Claimant ? 1st Stop Recoveries Date of issue – 11th Feb 16 What is the claim for – 1.1st Stop Recoveries Ltd claim this amount in respect of an unpaid loan funded by Uncle Buck Ltd. The defendant failed to abide by the terms of the contract. 1st Stop Recoveries purchased this debt from Uncle Buck and subsequently sent a notice of assignment to the defendant to advise. 2.The defendant has failed to respond to any correspondence or communication from the Claimant this denying the Claimant any opportunity in assisting the Defendant in attempting to bring the matter to an amicable conclusion. What is the value of the claim? £493.88 + £35.00 - Court fee Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? A Payday loan When did you enter into the original agreement before or after 2007? After 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. 1st Stop Recoveries Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't know, Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't think so. Why did you cease payments? I don't believe any payment has been made at all. What was the date of your last payment? I'm unsure, sorry to be vague but I want to be as honest as I can and I don't know. Was there a dispute with the original creditor that remains unresolved? I have been on my Uncle Buck account and it shows I owe £0.00. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. no default notice is showing from Uncle Buck, Plan deal collections or 1st stop recoveries at all. I have a noddle account and check this almost weekly and have also in the last 2 weeks got my experience credit report. There is no default showing for this amount or from these companies. It's was either over 6 years ago or I suspect it was maybe 2 years ago maximum. Definitely no default registered with these companies. Any help at all would be appreciated! I absolutely cannot get a CCJ and I haven't done anything yet apart from recieve the forms. They went to my parents house and I have only got them this morning, my time is running out and I am beginning to panic! Please help!
  15. Hi there, Please help me to sort this out... really appreciated your time and opinion on it. I have come to know about this forum while i was looking for some tips for the appeal to tribunal. I was a tenant of a multiple dwelling home. I was introduced by a college mate to this house and the contract was under 3 names and we were students. The landlord come to introduce three other guys who is also living there and looking after the property, collecting rent on behalf of landlady. Every month we are paying rent and other bills which includes council tax, gas and water etc to them. I have come to know about the students get discounts on council tax and that'y why they separated contracts to only our names. We used to pay in cash and sometimes transferred to bank accounts as well. As far as landlord is happy, we didn't find any difficulty after words and didn't provide and recipe for the payments. In November, the other two guys finished studies along with me and they left the house. Subsequently i was informed the same to landlord as well as council to update on the same to the system. In may, 2012 before i go on a holiday, i informed guys about a new agreement as the old one was expired in March 2012 and i want just one for all other tenants as i finished my studies. However, the landlord phoned up and promised me they will make it ready once i come back and will update to council also. In the end of 2012, i started seeing unpaid council letters coming from ealing council under my name on it. I discussed the situation with both landlord and guys but they didn't provide an adequate information and also while was a search for job, i didn't pay more attention on that. As time went by, i saw another letter also at home under my name on it. So, i decided to call council to know the situation. They have informed about they holding the same old agreement and no new contract hasn't sent to them. In April 2013, i was following landlord for the agreement copy but didn't respond instead of merely saying she has already sent to council and they might have failed to update it on the system .Again i called up council and informed the situation of other people living there apart from me and landlord wasn't ready to make any changes on the contract. So, i informed the same to council and requested to come and view the dwelling to verify the living of other people .At last they found other guys living there and said to me this is multiple dwelling home and they will inform the landlord of this and she should be the liable person over due council tax. Even though i made couple of payments when i saw it become due and didn't have any intention for the guys to do so. In July 2013, council send a confirmation letter to me that informing my account is now closed and all liabilities put to landlords account. So, i left the house with any more conversation with both guys or landlord. But, in 2015 dec, again they sent a letter that i still owe them £1328.00 towards council tax and when i contacted them that said the landlord sent a letter of possession from county court which i never new. I phoned them again and explained the problem with landlord over tenancy agreement and unknown situation of the county court judgement. But, again they sent me a letter of final decision and i have to pay that amount though i contributed towards my share. So, i have to appeal against this decision and deceitful actions of landlord. Please advise me , what to do next as the time is rushing on..got 1 more week to appeal. with regards das
  16. Hello All, Can someone please tell me where I can find a sample letter or how to draft a letter asking the DWP for a PIP reconsideration. I've never written one before and I've been helping an autism to fill in her PIP she just got a reply back to say that her daughter has got the enhanced care but lower rate mob. I have filled in the criteria properly the letter says she did not get enhanced because her daughter can walk more than 250 yards. Her daughter has autism disorder and Cannot follow the route of a familiar journey without another person, when she's been out alone in her local she's had the police called twice on her because of her violent behaviour which has been written in her reports by the hospital, I've read through her reports myself and the DWP still gave her 0 point. We need to argue her case. Any prompt reply would be much appreciated. Many thanks. Helen
  17. Hi. I have been claiming carers allowance as I was caring for my son. I started working in September. I phoned the office to report my change in circumstances and realised that I had reported the incorrect start date. I have phoned again and reported this and then written a letter and an email to state my error which occurred because I was not paying attention to what I was doing as I am currently swamped with taking care of Children/ house/full time employment and studying. The lady on the phone this morning just said that there would be an overpayment and it would take around 3-4 weeks for them to contact me regarding this. She did say that they knew my correct start date for work because it flagged up on my NI number. Anyway I am going out of my mind since this with worry. Obviously I am happy to pay back the overpayment but I am terrified that my stupid error could cause them to think I was acting fraudlently. Have been going out of my mind and feel sick constantly and cannot sleep since I realised I made this mistake.
  18. Hi all. I am new here however, I really need a qualified advice. I received a statutory demand on 13/01 this year. However in the email they are stating this was served on 21/12/2015/ Even I moved house I was regularly visiting my old address and no letter was delivered. The statutory demand is served on my based on judgement from foreign EU country. I was not present on the hearing (I did not know about it) but a representative was pointed to represent me. I found that the Judgment is not enforceable in the UK according to EC Reg 2001/44. I would like to apply statutory demand to set aside but I am not clear about my grounds. On the form 6.5 is stated: © Insert one of the 8 following alternatives or if none of them are applicable state grounds on which you consider the statutory demand should be set aside (1) “Do not admit the debt because…” [here state grounds] or (2) “Admit the debt but not that it is payable immediately” [state reason], or (3) “Admit the debt as to £ , and that this is payable but that the remainder is not immediately payable. I am prepared to pay the amount of £ immediately” [state reason], or (4) “Admit the debt and am prepared to secure or compound for it to the creditor’s satisfaction by …” [state nature of satisfaction], or (5) “Say that the debt is a secured debt” [give full details of security and its value], or (6) “Have a counter-claim (or set-off or cross demand) for £ being a sum equal to (or exceeding) the claim in respect of” [here state grounds of counterclaim etc.], or 2. That I © (7) “Say that execution on the Judgment of the Court has been stayed” [give details], or (8) “Say that the Demand does not comply with the Insolvency Rules in that ………” [state reason] I would choose number 8 and describe that it was not served in correct way. Not sure if I can use the part about judgement from foreign country. Any help, advice will be much appreciated. Many thanks
  19. Hello, I was wondering if dx or someone could offer some urgent assistance. Hillesden Ltd via Mortimer Clarke Solicitors are taking me to court for a debt. I believe this to be statue barred. Details are below. I should mention that I sent through the AOS to allow for an extra 14 days. Just to let you know that this debt does not appear on my credit file. Name of the Claimant - Hillesden Securities Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to – 14 DEC 2015 ( by my calculations 33 days is up tomorrow) – What is the claim for – the reason they have issued the claim? By agreement between Black Horse Ltd & the Defendant on or around 07/11/2006 (‘the Agreement’) BLACK HORSE lTD agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was aa signed to the Claimant. The Claimant therefore claims 5500 What is the value of the claim? £6000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? LOAN When did you enter into the original agreement before or after 2007? BEFORE 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT SOLD TO DLC/HILLESDEN. THEY ARE THE CLAIMANT. Were you aware the account had been assigned – did you receive a Notice of Assignment? I DO NOT RECALL. Did you receive a Default Notice from the original creditor? I DO NOT RECALL Have you been receiving statutory notices headed "Notice of Default sums" – at least once a year ? I DO NOT RECALL THIS. Why did you cease payments? LOW SALARY – I WAS NOT ABLE TO AFFORD PAYMENTS. AT ONE POINT I WAS OUT OF WORK. What was the date of your last payment? APPROX 2007. I MADE A PAYMENT OF £10 FOR A SAR TO BLACKHORSE – WHICH I MADE ABSOLUTELY CLEAR WAS FOR ACCESS TO MY RECORDS. I DID RECEIVE MY RECORDS. THIS DEBT AT SOME POINT WAS PASSED / SOLD TO ZINC WHO CHASED ME FOR THE DEBT. AT THE TIME I SENT THROUGH £1 FOR A COPY OF THE AGREEMENT. THEY DID NOT RESPOND. THIS WAS IN 2010/2011. ABOUT 2/3 YEARS AGO I RECEIVED A LETTER FROM DLC STATING I HAD MADE A PAYMENT OF £1 TO MY ACCOUNT. I DID NOT RESPOND TO THE LETTER AS I KNEW THIS TO BE INCORRECT. Was there a dispute with the original creditor that remains unresolved? NO. I MADE PPI CLAIM – WHICH BLACKHORSE PAID. THAT WAS APPROX 2 YEARS AGO. AT THE TIME THE DEBT WAS ALREADY SOLD TO ZINC / DLC/HILLESDEN Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? WHEN THE LOAN WAS TAKEN OUT ORIGINALLY, I DID CONTACT BLACKHORSE OVER THE TELEPHONE. BUT THAT WAS WELL OVER 8 YEARS AGO. I BELIEVE BLACKHORSE/ DLC/HILLSDEN HAVE THE DATES WRONG. I NO LONGER HAVE THE ACCOUNT OPEN WITH THE BANK FROM WHICH I MADE PAYMENTS FROM. I HAVE MADE CONTACT WITH THE BANK AND THEY INFORM ME MY ACCOUNT HAS NOT BEEN IN USE SINCE SEPT 2007. I SWITCHED BANKS OVER 10 YEARS AGO, SO I KNOW I HAVE NT MADE ANY PAYMENTS TO BLACKHORSE IN THAT TIME PERIOD APART FROM REQUESTING ACCESS TO MY RECORDS VIA A SAR, PLUS £1 TO ZINC FOR A COPY OF MY AGREEMENT. I hope I have provided enough detail above. I am seeking assistance in what to state by way of defence. Many thanks mbk.
  20. I am desperate for a bit of help, I’ve been ignoring letters from Cabot for a while for a pre-2007 Lloysd TSB credit card debt recently received a letter from Restons Solicitors demanding for full amount of nearly 15K within a specific date. I responded with letter 1 asking them to verify their claims, sent by recorded delivery to both Restons & Cabot the letter didn’t go the Solicitors within their specific time limit due to the Christmas busy period and 4 days later I received a county court claim form from Northampton County Court Business Centre. I’ve 14 days to respond which I believe will end on the 4th January, I'm rapidly running out of time. Is there any way I can extend the 14 days period so that I can have a bit more time to get advice from everyone here? I don’t know what to do and how to handle this; I’m going crazy just thinking about it. Your help would be highly appreciated. Many thanks.
  21. -IDEM Services replied that debt is unenforceable as they are unable to provide CCA paperwork, but they refuse to release me from my financial obligations. (£2000) This debt does show my on credit file, defaulted 09/2001 Not sure what to do here, please any help info on next steps??? stop paying ? wait for it to fall off credit file? offer full & final???
  22. Hi, would appreciate advice/comments on my situation. I have lived in the USA for over 3 years and have no plans to return to the UK (except for holidays). I own a house in the UK that has mostly been rented out but this year I have attempted to sell it - 5 months ago I accepted an offer and its been a long an protracted sale but I thought it was going to finally complete but have now been told that my buyer has been refused insurance due to the properties flooding history (last flooded in 2007!). Now I am faced with the very real possibility that I stand no chance of selling the house - yes I could rent it again, but will surely be faced with the same issues in the future and I thoroughly dislike renting long distance. There is a little equity in the property but that is meaningless with no prospect of selling it. What would happen if I just walked away from it, considering I do not live there and have no intention of returning permanently? Thanks.
  23. I need an urgent advice please. I originally lived in Hampshire a few months a go I moved to Birmingham for a new temporary job, rent a place there and failed to update the address on my car insurance. Even though I was fully insured with the option to drive other vehicles the police invalidated my insurance on the spot and seized my car. The policeman advised that the MIB cancelled the insurance. I now received a letter where I need to choose between guilty (£300 fine and 6 points) or not guilty and go to court. They treat me like someone who had no insurance at all. I called the MIB on 01908 830001 and they said that they have no power to cancel an insurance policy so I am confused about the whole situation and the right steps I need to take from here. Any advise would be very helpful please.
  24. Hi First post here. I have an old debt with Egg from around 2000 for roughly £2900. I was on a CAB plan paying £1 token payment for a while at the time but stopped paying , I never heard anything for years and now Capquest own the debt . I think I might remember paying them £10 a month 3-4 years ago for a while but due to financial hardship stopped paying. Though I cant be certain on this as I cant seem to find any details at the moment. They have recently sent me letters again and have refered it to Drydens Fairfax who have given me to the 30th Nov to offer a payment proposal otherwise court action. Which means I`ll have to send them a ltter either today or tomorrow .What should I do , offer £5 a month or something or play hardball. I don't really want a CCJ as I already have one from Drydens at £10 a month for another card debt. I wish I had know of the Statute Barred act before I may(possibly) have paid Capquest 3-4 years ago as it was probably unenforceable back then. thanks Tired and Weary
  25. Hi everyone, i have recently just purchased (16/11/2015) a 60 plate BMW 318d from a car supermarket. Unfortunately I was also sold auto protect gold warranty, i was sceptical at first and in hindsight after reading some of the horror stories regarding this company, it is something i shouldn't have purchased. Both the car and the warranty were purchased on finance, through 2 separate lenders. The dealership gave me the hard sale, and mentioned that virtually everything is covered, he also added that as the warranty was being purchased with the vehicle, that would in turn reduce the monthly cost of the car by around £30, i thought this was a bit odd. The cost of the cover worked out to be around £70P/M so this would in theory work out to an extra £40 per month (on top of the price of financing the car) to have the "Piece of mind of this fantastic cover" , and after forking out a lot on my previous motor, decided that this may be a worthwhile investment. I have received the paperwork from Santander for the credit amount that has been sent to APA/Auto protect, and in there it says i have the right to cancel this within 14 days no questions asked, perfect i thought, no problem. HOWEVER I have studied the paperwork from APA (Something i deeply regret not doing at the car shop). In these T&C's it states under Cancelation; "Should you cancel this agreement, there is no surrender value and no monies paid will be refunded":evil: Is that right?! Can they do that? Or have they just failed to mention that you are entitled to cancel with a refund within 14 days? I was under the impression that i could cancel this within 14 Days? AT NO POINT did he mention the cancellation rights? Can i use that to my advantage if he hides behind the "no monies... refunded" line... I'm just trying to seek all the advice i can before calling the car shop, as i can be more prepared. Details are; Car: cash price £8,995. With interest 20.7% over 60/M £232 Gold warranty over three years including interest!: £76.87 (£2,767 in total with interest, covering 9K! worth of repairs (yeah right!!) Also after reading the other stories from people, i realize the price of this warranty is far too much. But i was foolish and rushed through the paperwork part, being too eager to get my new motor. If anyone has any advice, it would be greatly appreciated. Thanks
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