I have a builder who has almost finished an extension on the back of my house. The only remaining task was to build a soak away which was included in the original quote. However, we both came to an agreement to remove the soak away from the quoted list of works as it was no longer required but the only problem was that this item was not explicitly priced in the quote so there is some dispute over how much should be deducted. The builder is adamant that the soak away will cost £500 and is not willing to accept other quotes from other builders. I still owe him some money so where do I stand on this? Am I in my rights to deduct from what I owe him the cost of what other builders would quote for a soak away?

Hi we had to take out a loan in 2006 to cover death duties, loan was £824,000, then in 2008 barclays claimed we took out another loan, a restructuring loan for £904,000 (we knew nothing about it till much later) they put us straight into debt recovery because of account change, when we said we didnt take out new loan they would not mediate and have now sold property of ours that they valued at £1.6 for £260,000 totally undervalue and now they are coming for rest - any advice We have sent numerous requests for clarification and kept up our payments but under protest and duress for a while, then barclays wrote ad said they hadnt received any payments since 2008!! we have all receipts - so we said we would not pay until they confirmed they were receiving them money and they answered our concerns. They didnt!! please google- Guy Taylor insight- and this will explain full situation. thank you

Hi, My partner purchased two iPhone 4s last year at same time. the man in shop put them both on same agreement at £20 per week. we have a few other things also and have never really had a problem until now. In the summer months (can't remember which month but it may of been July.) my partner had a problem not being able to pay full amount so was told to go in on the Sat morning and they'd sort the agreements out so we didn't have to get into arrears. he did and signed new agreements. it was only last week I happened to check the receipts and noticed we've been paying for a 3rd iPhone which we've never had. He went in today and said they'll go through the agreements when they had time and he was going to ring them at 5pm today. they said they've looked at agreements and he did sign an agreement along with others. they said it was July we purchased it. this is not true but they have an agreement he has signed. We can honestly say we have only two iPhones along with other things. I have a receipt from end May showing this 3rd one wasn't on there. I just don't know how to sort this out as we know for a fact we've purchased nothing since may and that was a playstation.

Hi , I would very much appreciate your help with the debt i have... Firstly i was sent back in june/ july 3013 about an impending county court date for the amount off £1100 from a Capitol One credit card. The collector named was Lowell Portfolio whom i believe had also appointed LRC Legal Recoveries. I replied to the county court letter by responding to Lowell sending them a CCA Request (rather than replying to the court letter) about me disputing the debt. As i never informed the court the proceedings went ahead anyway and i now have a CCJ with a new debt of around £1600. The CCA request was ignored for nearly 3 weeks so i issued to Lowell "Account in dispute" letter" which they promptly replied by also thanking me for my 1st letter "CCA Request" they said there were dealing with this. That conversation was on or around the 3rd of August. I have not had any correspondence or contact with LRC or Lowell prior to today 9th Sept via a phone call made by myself to Lowell. Lowell replied by saying that on the 14th August they sent proof of the debt to LRC (nearly 4 weeks ) i havnt received any proof! Could anybody shed some light with there opinion/ advice if they think the proof is legit how to obtain that proof ? and how i should proceed if they do or dont have proof. If they dont have proof they i would like the CCJ removed from my credit file Any help or advice would be very appreciated thank you Craig

Cut and pasted from my facebook to save typing out again. chap from around the back says my tree is damaging his wall and he wants me to chop it down, I said its a mature tree and been there for years and is a benefit to everyone, it cleans the air, brings wildlife into our gardens it looks beautiful and I like it. He said it doesn't matter its under threat anyway there is a disease that is killing Ash trees, I said then its our duty to protect it. He said ok just needed to let you know, the ace I never mentioned is its not my tree its growing on his land just leaning over mine because it knows he hates it, permission to enter my land to remove it is denied and the small portion on my side has permission to remain, not sure why you would build a wall on a tree anyway, don't know how it will stand up in court and cant afford to fight or have it chopped down. The tree is on his side of the original border fence, even the original fence netting is still on my side, [ATTACH=CONFIG]46298[/ATTACH] The issue I have is if he decides to charge me for the damage to the wall I am quite happy to make him aware that the tree is on his side and he must pay for it, I would like to keep the tree because it is a beautiful tree and makes the view from my house very pleasant compared to a poorly build breeze block wall, If I refuse him access to remove the tree can I be liable for the cost of the repair of the wall, can I refuse for him to have the tree taken down because some of it is on my land without risking any penalty? haven't received an official complaint yet but just wanted to be prepared. Cheers Steve

I have received a letter, out of the blue, from Lloyds, demanding money back from a payment made in March 2013, which was due to a mistake between them and the account holder. I dispute their demand. For my sins, I am a student landlord. I rent rooms to students for a set period. The students pay me, either via Standing Order, cheque, direct bank transfer, etc., whatever is easiest for them. In March 2013, a monthly payment came through from a student, £303.00, as expected and as due. Around the same time, that same student asked me how much rent was left to pay off the rest of the tenancy. I gave him the figure, which was based on the fact he had just paid the March payment, and he stated he would pay off the full amount in April, which he duly did. (the tenancy ran until June). As far as I am concerned, he had paid me in full, the correct amount for the year. He owed me no more, everyone was happy.... or so I thought. Today, whilst in another student house, a letter came through the door addressed to me. It was from Lloyds Bank (I do not have an account with them). It is stating that a payment made to me in March 2013 which "credited your account" was made "in error". The reference was for a student staying at a different address at the time. It is stating that I have not "re-imbursed" them and that I am not "legally entitled to retain this money and have not offered any explanation as to why you have not returned the money..." If I don't send them a cheque they are refering the case to their "legal department", according to this. I am bl**dy furious!! Why?.. Because: 1. This is the first I have heard about this. 2. Their letter is sent to an address that, although I "own" (mortgaged to the hilt, mind!), I do not live at. It's not my home address. It's only luck I was here dealing with a roof problem when it arrived! So I phoned them up to find out what was going on. They claim they have sent numerous letters - well, none are currently at this house, the students that were here have all left months ago, and none have ever been recieved at my home address, so I am mystified by this claim, but anyway.... They also claimed they had contacted my Bank (Barclays) and that they had been told my "Relationship Manager" had been in contact with me to talk about this - well, actually, no he hasn't. I don't even know who my "Relationship Manager" is, let alone had any sort of conversation with him. When I asked for dates/times, they said they were only repeating what Barclays had told them!! Well, I repeat - I have not been contacted by Barclay's in any way shape or form about ANYTHING for about 5 years!!! - Lloyds and/or Barclays are just making this up!! Lloyds told me I have to pay the money back because it should not have been paid. I stated that the money was due, I have a Tenancy Agreement showing it was due, and when it arrived it was checked off on my spreadsheet. Why would I think anything was wrong? If there had been some sort of cock-up beween them and their client (my tenant) then as far as I am concerned that is for them to sort out. I did not recieve any money that was not due to me, I have not been paid more than I should have been paid - the amount on the Tenancy Agreement is the exact amount I have recieved - no more, no less. From what I can gleam (or guess) - I think what happened is that my tenant wanted to cancel the sheduled payment due in March, told his bank, they messed it up by paying me - so they refunded him and are now demanding the money back from me. The problem is - I have done nothing wrong. It was not my instruction. It was not my mistake. I was entitled to that money at that time. The bank seem to think that because I had money they don't think I should have had due to their cock-up (even though it was due to me), that I should pay them back the £303 and then try to locate this "ex-tenant" - wherever in the world he might be now - and then try to pursuade him to give me a extra months rent!!! What planet do these people live on??? Why should I lose out and be threatened with legal action for having a payment made which was due anyway and that I am perfectly and legally entitled to? I am a single person business, struggling to survive actually, and it is hard enough getting students to pay up sometimes, but why does a bank think it can, out of the blue, demand back a rent payment from 6 months ago!! As it happened, they did not have my name (umtil I told them) only my "trading as" name - and they certainly didn't have my home address(even though using my trading name on Google shows it on the 1st page - I don't hide!!) - as no letters or phone calls have been recieved at my home address. Basically, I told them on the phone to "sling their hooks" - it's between them and their customer/client if they have lost money through their own mistakes and stupidity - nothing to do with me - I have only got what I was fully entitled to. But, can anyone tell me where I stand with all this? Thanks.

Will try to keep this short but for those with a very short attention span - Summary cliffs: a letting agent is refusing to repay a £1,200 holding deposit after negotiations on the tenancy agreement broke down despite them agreeing (prior to us paying the deposit) that a disagreement on the tenancy agreement would lead to our deposit being refunded (clearly fraudulent on their part to not repay??). Long form: all communication detailed below happened over email. -------------------- - Looking at a property (Mayfair/Marylebone) managed by Landlord X being shown to us (friend and I) by Agent Y: Agent Y requests non-refundable holding deposit of £1200 to take property off market - I comment that we can't agree to a non-refundable deposit before seeing the tenancy agreement (wasn't ready yet) as it may have a number of strange clauses in there which we would not agree to - Agent Y states deposit will be refunded if we can't get to an agreement on tenancy agreement: at this point, we paid the £1200 (nothing signed yet) - Tenancy agreement is sent to us and we send back with comments on a number of clauses we couldn't agree to. Main ones highlighted below: -----no use of washing machine and dryer if no one is home -----landlord can claim ownership of any furniture or fittings in the property even if property is restored to original state prior to us moving out -----unless reported asap, tenant liable for all damages in the property even if such damage existed prior to tenant moving in - Landlord X rejected our changes to/deletion of the clauses above and said we'd have to accept their tenancy agreement - We sent email cc'ing both agent and landlord stating we decided not to proceed with the flat as we could not sign their tenancy agreement in its current form and requested a full refund of the holding deposit One month later, we're still yet to receive the deposit back: Landlord X states Agent Y never told them deposit would be refundable if tenancy agreement wasn't agreed. Agent Y says Landlord X refuses to pay full deposit back but that they will "try" to recover some for us. Obviously above is unacceptable and I refuse to settle for anything less than a full refund. I just emailed them both a "Final Notice before Legal Action" including all of the above (all email was saved in Outlook so all evidence described above was attached) and gave them a final opportunity to repay us in full - they ignored it (I assume they think we are bluffing? I'm excited by the opportunity to prove them wrong). Question: which court / govt agency / process should we use to follow up on the above? Would a small claims court see this case? Any other thoughts on what we should do here? Have a number of lawyer friends who can help for free so lawyer fees not an issue - not sure how good their Real Estate expertise is though. Frankly, both the agent and landlord seem to be detested in the area for having dodgy practices and a part of me doesn't want them to repay as I would love to see them hit with a punitive and exemplary damages order and for them to be driven out of business. Appreciate any thoughts on the above.

Hello, in short, bought a faulty phone from Get Connected, refused refund of even replacement. Sent two letter before court action.The only response was if I want resolution, I have to travel from Bristol to Wales (I don't drive) to check phone in one of their branches. By that time I verified with an authorize repairer that the phone was indeed faulty and informed them about it. They wouldn't accept it. Started a claim with MCOL. Several days after the claim papers were served (today) received check for the cost of the phone in recorded letter. Just check, nothing else. Now that I paid to start the claim and for correspondence with them, I am not satisfied with the sum of refund. What do I do with the check? I think there's a formal letter I need to write to reject it? Do I send the check back or do I inform MCOL that I received partial refund? Please advise.

Hi all, I hired a van from a local company a few weeks ago. We both inspected the vehicle, but just a 30second walk around. The guy didn’t evenhave a pen and marked out the form (with the cc) with a key! When the van was returned (out of hours), Ipopped the keys through the letterbox as per their instructions. The next day I went away to visit mygirlfriends grandparents who live in very rural Romania. There is no phone reception or internetconnection. The nearest town is a good30 – 45 minute drive away. Anyhow, mostpeople know I am away and just leave messages on my phone knowing I will pickthem up upon my return. I have just returned home to find a number of messages fromthe hire company telling me there was damage to the drivers side sill and it will cost £500to repair. I have no knowledge ofdamaging the van or hitting anything to cause this damage. And to be honest, neither I nor the chap whoI walked around the van with really checked the sills. There were the usual dents, scratches andscuff marks which is typical for most of the vans from this company (I haveused them many times before). I have no written correspondence from the hire company, justtelephone messages. They state they havealerted the police to the circumstances as I have not retuned any messages forthe past 3 weeks (reasons stated above). Now, do I have a leg to stand on with regards to disputingthe damage? When I paid for the van, Ipaid cash and they didn’t take any card details. However, they have been through their recordsand have taken two lots of £50 from my account over the last 2 weeks using card details I have used with thempreviously. Do they have the right to dothis? And if so, do they have the rightto keep taking money after they have taken one payment. It turns out they took £100 from a client ofmine last week who I hired a van for some time ago where he paid directly viahis card, but they have refunded this to him. Any suggestions for my next move? Many thanks

Hi all Here I go again, needing advice of my forum friends regarding ppi I had a loan with alliance and leicester in 1996 and claimed what I remember being 3 months in 2001 coming to the end of the loan. On requesting mis selling to santanda I declared about the ppi claim and they wrote back 4 weeks asking did I have any further information for them. I sent a copy of the final claim I made as the loan was finishing along with a copy of the FOS questionairre ..again!! Santanda has replied 2 weeks later saying that I paid £1634.16 in premiums and claimed £6828.68 in claims I know this is untrue but dont have the first claim letter just the last which shows they paid £108 for each week of 7 weeks (this works out at £5616 only if they paid me for the full 12 months) I believe that I claimed 12 weeks at £1296 Does anyone have any advice on how I can word a letter to ask for proof of these claims because I know I only had 12 weeks claim due to sickness please please help Thank You

Hey, I had a credit card with RBS (Mint) a lot of years ago. In 2009 I was being chased by Wescot and after sending them a CCA request which they failed to respond to, I sent an Account in dispute letter. Around 1 week later, I got as reply from them stating that they had "received instructions from their client to withdraw the account and therefore, you should receive no further contact from Wescot in relation to this matter." Now, 4 years later I received a letter from ARC (Europe) Ltd. chasing me for the same debt. So where do I stand, is the account only in dispute with the original DCA (Wescot) or is this now a new account as it is now being pursued by another DCA (ARC Europe)?? I am thinking about sending them a CCA Request assuming that they do not have any paperwork and then put the account in dispute again but is there a quicker way for me to nip this in the bud given the history? Thanks Euro

Dear all. My tenant are asking me to repair the rear fence. However, because of the different configuration of the garden behind us, our rear fence is actually the neighbour’s left hand fence. If this is the case, then are we still definitely responsible for this fence? The deeds do not say whose fence it is! Does anybody have any ideas please?

I wonder if anyone can help. I had a Cap 1 CC account from before 2007, that was defaulted. I sent them a cca request last year, after they failed to respond within the statutory 12 + 2 days, I sent them the 'account in dispute' letter. They eventually supplied a copy of an application form, with no terms and conditions either within, or attached to it, a 'made up' reconstituted agreement, and terms and conditions at default. Now it is my understanding that they would require the Original Agreement to be able to enforce this in Scotland? am I correct. I received two letters, one from lowells telling me that they had bought the debt from cap 1, and a letter 'perporting to come from cap1, saying they had sold the debt. The weird thing is, that both letters arrived together, and they were both addressed to the wrong address. Now this is obviously against the law, to send private and personal information to an incorrect address, so who do I complain to? ICO and who else. Having done a bit of reading on lowlife, it seems that they will go to court with no paperwork, so need to watch this one. I received the first automated call from them this morning, so it begins! So, I really need some advise, is there any point in requesting another cca from lowlife? should I write and let them know that to date, no original agreement has been received, and that the account is unenforcable? many thanks, tom

Hi all, Really sorry if I have posted this in the wrong place so do tell me We have a dispute with our previous private landlord over outstanding arrears, I will try and keep it short - Firstly when we moved into the property we had to redecorate, clean (it was disgusting and the bathroom toilet was vile). We notified the landlord and the property manager of this and whether they chose to do it or we would do it and invoice them for the labor and materials as according to our agreement the property was menat and should be put back to neutral colours etc etc. S we carried out the work and the invoice total came to £1200 which we sent to them, they acknowledged verbally however we have still never received payment for this. My partner and I fell on very hard times at the end of last year as his business died of death (he's a builder) and we fell behind with our rent, we notified the landlord of our situation and managed to keep paying them until we exhausted all avenues until we had to go to the council and ask for help, neither of us had done this so all very new. Council were lovely but we fell a month behind on our rent- when we notified the landlord that the council were involved and back dating our rent to cover that month they basically told us they didn't care and 4 hours later whilst we were at home as I had just had my son who was only a week old a section 21 was posted through our door, we tried to resolve this but they were not interested. We moved out at the end of April due to this prior to the eviction - our parents helped us secure our new property. However during the period whilst we were moving furniture etc to the new property they entered the property illegally (they have admitted this) not once but twice! Stupidly at the time of moving I couldn't find my watch or earings and I thought I had just packed them but never brought this up since finally unpacking they and several other items can not be found Not only this but they have kept our deposit without informing or notifying us and are still trying to claim an outstanding amount. We openly gave them our new address and they have the correct contact numbers yet have made no effort to resolve this matter or speak with us Where do we stand as I have had a thug from direct collections turn up who I have to say was down right rude and told me they would make us bankrupt. He went off this afternoon and said that he would be back this evening with a bankruptcy order - needless to say he hasn't reappeared! His behavior was intimidating. I was at home with our son on my own and from what I have seen on this site they are not pleasant to deal with. He showed me no paperwork or id except for a business card -- I have to say they must be doing well as he was driving a brand new bmw!! I explained the situation and that there was a dispute and his attide was tough **** not my problem pay up and I will go away Could anyone offer any ideas in regards to the dispute and secondly how do I stop direct collections ltd, I do not want to be put in a situation where I feel unsafe and threatened especially with a young baby ?? Thanks

Hi, I signed up with Cardsave in March 2012 and never once used their service so in December I called them to pay my last quarterly payment early and end the contract. They took the payment over the phone and the advisor told me that all I needed to do now was cancel the direct debit. Regardless, the next day I send a letter anyway. I posted it around 22nd December. March 2013 comes around and Cardsave start chasing me for quarterly fees. I rang them and said that I had cancelled the account as far as I was concerned and they said someone would call back. Nobody called back and the letters kept coming, so I wrote to them instead, telling them I had cancelled the contract and it shouldnt have renewed. They eventually rang and said they will need to charge me termination fees as well as the rest of the year's worth of quarterly payments! They said they had never received my cancellation letter. I wrote to them (this time via recorded delivery) with a copy of the letter (I take copies because I know what these companies are like) and also stated that regardless of whether I had sent a letter, I was TOLD that the account was now closed anyway. I have today received a more official sounding letter with a copy of my contract signed in March 2012, asking for £240 and call it quits or they will seek further action and claim the £550 something they say I owe them. I have never used their terminal or any of their services. As far as I was concerned the contract was over. What are my options here when they claim they never received the cancellation letter? Thanks, Mark

Really need some advice about a letter i have received from local council regarding the recent extension of my boundary fence. The problem has stemmed from me having a nosey neighbour who has issues with everything and everyone, so much so that i stopped talking to him a few years ago. He built his shed on a platform which enabled him to stand in the doorway of it and look directly into our house. He has used the chance to do this constantly. I have had no privacy and had become increasely distressed by this. He makes unlimited pointless trips to the shed whenever i am outside to watch whatever i am doing. I then had to take on my daughters dog as she moved into a flat and couldn't take him, i already had 2 dogs of my own. It has take a while for the new dog to settle, made worse by my neighbours constant messing in his shed for no reason. I then decided to put a little extension in height of fence just at the height of where his door is visible into my garden. He came out on the night and i heard his wife ask what he thought to which e replied he had no problem. Today i have received a letter saying the fence is now 2.3 metres and needs to come down to 2 metres. I have emailed them back with my concerns over his shed, also he has a tree against my fence that is at least another foot above my new higher fence. Do i have valid claim against his shed height and privacy as it is on a platform? I said in email i have no problem with lowering fence but have issues with the shed. Hope i have put this in the right place Thanks in advance

Housing Benefit Reviews, Appeals, DisputeForm and Guidance If you have received a Housing Benefit ‘Decision Notice’ and disagree with the decision that has been made there is a three stage process to be followed: Stage 1 Ask the Council to Review its Decision. (NO COSTS) Stage 2 Take your Housing Benefit case to a Tribunal. (NO COSTS) Stage 3 Judicial Review (YES- LEGAL COSTS) STAGE1: Asking the Council to Review its Decision If you think the Council has made a wrong decision about your Housing Benefit, you can ask the Council to look at its decision again. What sort of decisions can you ask the Council to look at again? You can ask the council to take another look at its decision if it says: Ø Your application for housing benefit has been turned down. Ø You aren’t entitled to housing benefit anymore. Ø You‘re entitled to less housing benefit than you think you should get. Ø It has paid you too much housing benefit, and wants you to pay some of it back. Ø It will start paying housing benefit from a certain date, but you think it should be sooner i.e. if you had asked for your claim to be backdated. Ø It is going to pay your housing benefit direct to your landlord in the future. How to ask the Council to review a Housing Benefit decision You must write to the council within one calendar month of the date on the decision letter. If you leave it later than this, the council may say that it doesn’t have to look at your case. If the council’s letter doesn’t explain why they’ve made the decision, you can ask them to write to you with a proper explanation. If this happens, you’ll get extra time to appeal. The days between the council receiving your letter asking for reasons and replying to you don’t count towards the one-month time limit. In your letter to the council, try to explain clearly why you think the decisionis wrong. Include evidence if possible. For example: Ø If the council is wrong about how many children you have, you could send them your child benefit award letter Ø If it says that you’re earning more than you actually do, send photocopies of your payslips. Ø If the figure amounts used to reach the decision are incorrect. It's always best to hand the letter in to the council’s offices - (Always make sure you get a receipt - including the date you handed over the letter - and keep it somewhere safe). If you post the letter – (Always get a certificate of posting and/or use recorded delivery and remember to keep a note of the date of posting, along with a photocopy). What happens when the Council reviews a Housing Benefit decision? Your case will be looked at by a different decision maker from the one who made the original decision. The decision maker will take into account the reasons for the original decision, and any new information you have provided. You may be asked for more information at this point. If this is required the council will write to you again requesting the information they require. You will then get a letter from the council telling you if the decision has been changed or not. The time it takes for the council to decide will depend on how complicated your case is. STAGE 2: Taking Your Case to a Tribunal If you have asked the Council to review its decision and it doesn't change its mind, you may be able to appeal to a tribunal. This will involve a judge looking at your case, and making a decision on it. At a tribunal, a judge will look into your case and make a decision based on your evidence and the council’s evidence. You can attend the hearing if you wish. It’s best seek advice before going down this route, as Tribunals are quite complicated and time-consuming. Are there any Legal costs in Appealing to a Tribunal? NO There aren’t any legal costs What you can’t use a Tribunal for Some decisions made by a Council can’t be taken to a tribunal i.e. those to do with how frequently your benefit is paid. Tribunals also don’t deal with administrative problems, like if there’s been a delay or lack of courtesy from the council. If you think you’ve been treated badly, you should take this up with the Council’s Customer Service Department. Starting your Appeal to Tribunal You can download a Step by Step Guide from the Ministry of Justice website: http://www.justice.gov.uk/tribunals/sscs/appeals You must ask for an appeal in writing. The council may give you a form to fill in, or you (or your adviser) could write a letter. Make it clear what you are appealing against, and why you think the decision is wrong. If possible, include evidence to support your case. Your appeal form or letter must reach the council within one month of the date on the decision letter. If you miss this deadline, you’ll need to ask the council to accept your appeal even though it’s late. Make sure you explain why you are applying late i.e. if you have been ill. If the Council says you haven’t given enough information When the Council looks at your letter, it might decide that you haven’t given proper reasons for an appeal. The Council may write to you and ask for more information. After that, if the Council still thinks you haven’t given enough information, it will ask the Tribunals Service to decide whether your appeal should go ahead. If theTribunal Service is satisfied that you’ve given enough information, the appeal can proceed. If not, your appeal won’t be allowed. Next stages in Appealing against a decision on your Housing Benefit The next step is for the Tribunals Service, which runs courts and tribunals in England and Wales – to decide whether you have a right to appeal or not. If it says that you do have a right of appeal, your appeal can go ahead. If it says you don’t, you won’t be able to carry on with your appeal. You’ll be sent a ‘pre-hearing enquiry form’ if your appeal is given the go-ahead. You must fill this in and send it back within 14 days. The appeal process will end if you don’t send back the form on time. If you can’t meet the deadline, it’s very important to contact the tribunal and let them know why. The form will ask you what sort of hearing you want. This can be either: Ø An Oral Hearing – You or Your Representative will need to go along to the tribunal. Ø Paper Hearing - You don’t have to attend. An oral hearing gives you a chance to put your case in person and answer any questions about your situation. The form also asks for details of your representative, if you have one. This is so the tribunal can send copies of your appeal papers direct to them. If you need a Translator or Interpreter to attend the hearing, make sure you let the tribunal and your representative know well in advance. Preparing for a Housing Benefit Tribunal Hearing Before the hearing takes place, you’ll need to put together evidence for your case and send it to the tribunal. If you’ve asked for an Oral Hearing, the Tribunal will let you where and when this will be held. They will tell you this at least 14 days before the Hearing takes place. It should be held somewhere you can get to fairly easily. (You will be able to claim travel expenses). If you can’t go because of a medical condition, you can ask for the Hearing to be held at your home. For a Paper Hearing, you won’t be told when it will take place, so make sure you send your evidence in as soon as possible. What happens at a Housing Benefit Tribunal Hearing? The Tribunal will involve the evidence being looked at by a legally qualified judge. They will consider all the facts, take into account what the law says and come to a decision. At an oral hearing, you or your representative will get a chance to explain your situation. If you go to the hearing, try not to be nervous or emotional. Make sure you present the facts as clearly as you can. The council may send someone to put forward their case as well. The judge will usually make a decision that day, or you can wait for the decision to be sent to you in writing. STAGE 3: Judicial Review If you don’t agree with the tribunal’s decision You might be able to appear to another, Higher Tribunal – known as an ‘Upper Tribunal’– if you don’t agree with the decision. It’s only possible to do this if you believe that the Tribunal didn’t apply the law properly. You will need to talk to someone who has specialist knowledge of benefits law, such as a solicitor or a welfare rights officer. Applying for a judicial review of a council’s decision Sometimes it's possible to use a process called 'judicial review' to challenge the council’s original decision in court. Judicial review can only be used to challenge the way the council made the decision, not the actual decision itself. It’s a complicated and expensive legal process, and you’ll need to get help from a solicitor or law centre. Appendix 1 contains Housing Benefit Dispute Form and Guidance (In PDF Format):

I purchased a product from a small company's website (they may be a sole trader rather than a ltd co), paid with a business debit card, but the goods never turned up. I've emailed several times, and always get a reply admitting that they still haven't sent it yet, but I will receive it in a couple of days time. Last contact was over a week ago, and I stated that I require the goods to be delivered by the next day, or to cancel my order and issue a full refund instead. Was again told I'd have it in a couple of days, but still nothing arrived. I spoke to my bank to request a chargeback, but they told me that they can't do it, and I need start a dispute through Paypal (the card processor, it wasn't done through my Paypal account). I have just spoken to Paypal who say they will look into it, but is it right that my bank cannot perform a chargeback on a debit card transaction like this? I won't name the business, or my bank for now, unless that would help?

Parked in a side street off a main road, many other cars parked there on the day, it was at the side of a cscs test centre, but mine was the only one booked. The offence stated was parking in a restricted street during prescribed hours. Id have thought though that the dyl were to stop people parking on the main road and cant see why I should be charged for parking in a side street with no dyl on the ground. Should I refuse to pay it? Thanks.

Hi everyone. I'm having an extension built at the rear of my property, which includes a zinc roof. We obtained a quote from local builders, and shortlisted, went to view his work, and spoke to his customers - all spoke well of him. The build progressed well up to roof level, at which point the builder mentioned the contractor he had included within his quote to supply the zinc roofing had gone under. He proceeded to identify a zinc supplier himself, order the sheets, and fit them. The finish didn't look correct (as I'd been looking on-line at finished projects), so I questioned him on the finish, and he stated it was fitted correctly. Still not happy I brought in a few zinc installers who have all stated its been incorrectly specified and fitted with problems including incorrect type of zinc, wrong size nails in the zinc clips (could result in the sheets coming loose), sheets being too short, not watertight - and the list goes on. When I gave him the news, his answer was - "you asked for zinc, you got zinc". He's been aggressive in his communication and is threatening legal action against me as he doesn't want the cost of correcting this using experienced and trained contractors. In a nutshell, he's tried to increase his profit by doing the job himself, has purchased £2k worth of zinc that looks as though it cannot be used, and he's been told to do the job correctly is going to cost between £4-6k. He'd already left site as we were waiting for windows and doors to be manufactured and fitted, but in all honesty I don't want him back. This work hasn't been done with a contract, just on the back of a hand-shake. I'd appreciate some advice on how to proceed, as I need to understand where I stand with regard to formally ending his involvement and bringing in trades to complete the work. There's also the £2k of zinc that I've paid for and cannot be used, and he's also retained structural steelwork that I've paid for and will need to finish the work. Many Thanks.

Hi All, First of all am new here and I ve just stumbled upon pinky696's thread which has taken a good 2-3 hours to read through the thread, so here is hoping someone can advice me. I have an HSBC account with an overdraft limit of £1,500 this was my salary account and has always been paid into this account, I have a default registered in April 2007 but is still showing in my credit file 6 years later, but now that I suppose it should no longer be there based on the fact that a default should drop off the account after 6 years, should this still be registered on my account at all? Account Opened 21 March 2007 Last Updated28 February 2013 Opening Balance £0 Credit Limit £1,500 Headroom £1,500 Worst Status 1 If not who should i take this up with, Callcredit or HSBC? Thanks in advance. PS: Just edited the Post title as it seems a but misleading.

Hi, I think I need a lawyer to answer this one! Cutting a long story short, back in November last year I bought a car on finance - it is on HP. Aside from issues I have had with the way in which the dealer extracted money from me for the car, it has been a nightmare - constantly breaking down and not fit for purpose. After lots of to'ing and fro'ing the dealer has offered £400 to settle my claim for repairs - the actual cost to me has been £1000 - and the car still has problems. I was told by CAB that the responsibility for the car is with the finance company - I have been dealing with the finance company - but suddenly the dealer made the offer as above. Now I am also in dispute with the finance company - they are saying that they did not authorise work to be done on the car (work which the dealer is not prepared to pay for and not included in the £400 offer). What I need to know is: 1. The finance company is quoting the Sale of Goods Act 1973 - and saying that they can choose who does the repairs or they can rescind the deal and have the car back. Is that the correct law - I don't recall that that is the law that CAB quoted me as being relevant? 2. Although the dealer has offered £400 and asked me to sign an agreement that I accept that as full and final settlement of any claims against them, can I still pursue the finance company for the repairs that the dealer will not pay for? 3. How would I stand if I took the £400 and returned the car to the finance company and refused to pay them any more installments? Fred

Hi I’m a new member and feeling a bit unsure of how/where to post so please bear with me. I know this is long but I wanted to include everything so that readers would have the whole picture. Thank you in advance for your support. On April 2, 2013 I listed a wedding dress auction. I had indicated in the listing, this dress came as a donation item in effort to contribute to active fundraising activities. The dress description indicated that the item had the tags in place, would need to be cleaned and pressed, and had a few clasps that were coming loose. The listing gave specifications of the dress to include measurements, fabrics, and original retail price. Also included in the listing was that the dress was donated and all proceeds would be directly given to the charitable organization, in my area, I included details about the organization name and efforts. Pictures used were taken the same day as the listing was created. Upon completion of the listing, the dress was wrapped in plastic, was then placed into a box with packing papers for added protection, and made ready for shipping. The buyer contacted me on 04/08/2013 with an inquiry about the train length; she requested that a photo be taken of the dress on so that she would have more of an idea as to the length. I explained that the dress does not fit me and an attempt to photograph myself in the dress would not be a fair representation. I did not tell the buyer that I’m just five feet tall, 109 pounds and a size four, the size 22 dress is 18 sizes to large but only that I did not feel it appropriate that I model the dress. I instead sent her a photo of the train and a link to the David’s Bridal webpage so that she could get exact dress specification. She responded that what I had sent would suffice. She then sent a follow up message asking what color the dress was. I told her it was Ivory. The auction ended with her as the highest bidder. Once payment was received total amount of the funds were taken from my personal account, minus shipping and selling fees funds and donated in the original dress donator’s name. The buyer and I exchanged a few very pleasant messages; she requested a tracking number which I provided. I messaged her tracking details and expressed that I hoped she would be pleased with the dress. On April 22, 2013 the buyer contacted me to express her dissatisfaction with dress; she indicated that the train of the dress was dirty and that she believed that the tags had been replaced after it had been worn. I responded conveying my disappointment that she was not pleas with the dress, assuring her that the dress had not been worn, as well as reminding her that the listing had clearly stated that the dress would need to be cleaned. I further explained that the funds had been immediately donated to the Best Buddies organization and were no longer in my possession. She responded that “it is an insult to have a worn wedding dress on my wedding day.” At which point I remained apologetic in her disappointment but assured her that the dress had not been worn prior to her receiving it; I again reminded her that the listing clearly indicated that the dress would need to be cleaned. At which point (01:04 PM PST 04/22/2013) she exercised the “Buyer Protection” option under the classification that the item was not as described, stating that the train was dirty and that “NO BRIDE WANTS A DIRTY WEDDING DRESS ON HER SPECIAL DAY!!” Throughout that same day we, exchanged many of the same details within the dispute resolution process. I attempted multiple times to assure her that the dress had not been worn but as indicated in the listing, it did need to be cleaned. She indicated that she would send pictures of the dress and that I was untrustworthy. That same afternoon (03:54 PM PST 04/22/2013) she responded stating that she would keep the dress under the condition that I pay for cleaning. At which point I stated that she was essentially asking me to pay for something that was stated as needing being done in the first place but to go ahead and get the estimate and in the meantime I would need to find out what my rights were. The following morning (07:32 AM PST 04/23/2013 she indicated that she had taken the dress to the cleaners and that it was estimated to be $100-$150. She went on to details other areas of the dress that were of concern; stating that they were the professional opinion of the cleaners. I expressed an interest in seeing an itemized statement from the cleaner, as my own wedding dress with preservation had not been as high. I also told her that the areas of concern were not noted when the dress was in my possession. I also asked if she had taken it to more than one cleaner. She responded that she had taken the dress to two cleaners and that the second cleaner estimated that the cost of cleaning would be $100-$125. She also indicated that the cost of living in area residence was much more affordable. She knew this because she has shopped in an area that is more than four hours away and that she knew “all about the CHEAP PRICES THERE.” Moments later she responded stating that "ALSO TAGS CAN BE REATTACHED!!! AS I BELIEVE IS WHAT HAPPENED HERE. CONSIDERING I USE TO WORK IN RETAIL. I HAVE HAD SEVERAL PEOPLE RETURN ITEMS WITH THE TAG ATTACHED BUT SMELLED LIKE PERFUME AND HAD BEEN WASHED. " While I did not agree with her request, for resolution purposes I agreed to pay ½ of the cost of her lowest cleaning estimate, which would have been $50. I did not hear from her again on this day. I contacted an ebay representative (07:36 PM PST 04/24/2013) in order to understand how the process works and how I might be able to submit several of the photos of the dress while it was still in my possession, as well as a written statement from the donor in regards to the dress condition and history. At the suggestion of the ebay representative I requested (08:26 PST 04/23/2013) that the buyer upload pictures of the dress so that I might be able to see her concerns. The following morning (06:04 AM PST 04/24/2013) the buyer responded, stating that she would accept $65 for the cleaning of the dress and that she would upload pictures of the dress if ebay would instruct her as to how to do it. I repeated the instructions that I was given by the ebay representative who indicated that it was allowable to use the ebay messages area to upload supportive evidence for verification purposes; stating that once an upload has been completed to then make a note in the resolution area, both platforms are monitored by ebay & will be used when making any determinations on the case. I again requested that share the images in the ebay message area and then make note of the upload within the resolution area. This request elicited a withdrawal of all previous negotiations and a cease in all communications from the buyer. Her last communication (07:40 AM PST 04/24/2013) "I CAN DO SOMETHING EVEN BETTER FOR YOU. I WILL SEND THE DRESS BACK TO YOU SO THAT YOU CAN SEE FOR YOURSELF. AND I WILL SEND A NOTE WITH THE DRESS DESCRIBING ALL THE AREAS OF THE DRESS THAT ARE DIRTY. THAT WAY YOU CAN SEE WITH YOUR OWN EYES. I WILL REQUEST A RETURN LABEL FROM EBAY TO SEND THE DRESS BACK TO YOU TODAY. THAT WAY WE CAN SOLVE THIS TODAY....I WILL NOT GO THROUGH ANOTHER DAY OF ARGUING. THIS IS WAY OUT OF CHARACTER FOR ME. I USUALLY WALK AWAY FROM ARGUMENTS. I WILL LET YOU KNOW THE TRACKING NUMBER WHEN I TAKE THE DRESS TO THE POST OFFICE. HAVE A BLESSED DAY." That evening I had not heard back and sought clarification as to where we were in the process, previously the buyer had indicated that she would share pictures and was agreeable to splitting the cleaning expenses. Based on her last communication I asked for clarification as to my understating of where we were in the process stating that my understanding “As I understand it, you do not wish to send photos & plan to move forward in the dispute process. Is this correct? " The buyer did not respond and did not supply me with pictures or a written estimate of the cleaning bill. When the time for “working it out” had passed, I contacted ebay and asked if I would be able to escalate the process. I was told no that the buyer would have to do this but at that time I would be able to submit my pictures and written statement from the original donor. The buyer escalated the case early the next morning at which point I received notification from ebay that I would be contacted within 48 hours. This morning, I received notice that ebay had made decision, stating the following: Decision: We've asked the buyer to return the item to you for full refund. Comments: The buyer has been asked to return the item to you. Once tracking shows the item has been delivered to you, the buyer will be issued a full refund. I contacted ebay again. I told the representative that I had been advised that I would be provided an opportunity to submit my own “evidence” once the case had been escalated but this had not occurred but yet a decision had been made in favor of the buyer. I was told that message may be a bit misleading. At this point the buyer was to return the dress to me and I was to inspect it and contact ebay upon receipt. At this point I would be able to file an appeal and give my “evidence” as to the condition of the dress. The rep assured me that by no means was the case closed. I’ve been a user for some 12 years, I have successfully engaged in hundreds of mostly buying and a few selling transactions. While I am disappointed in the outcome of this transaction, I have tried unsuccessfully to negotiate a fair end for both parties. As indicated, the posting clearly stated that the dress would need to be cleaned. Even though I do feel that I accurately represent the condition of the dress I still offered to share this burden of cleaning for the sake of resolution. I made no unreasonable demands, nor did I question the buyer’s integrity (though mine was continually attacked). I continued to keep respectful communications open but was met with opposition of silence. The funds from this sale were given to charity, I simply do not have the means to meet this out of pocket burden and I’m not feeling overly confident that ebay will be of any support, there is no recourse for me as a seller and there has been no opportunity to be heard. I strongly doubt that once the dress is returned and in my possession I will be given any other means of dispute and will have to shoulder this regardless. I plan on closing my ebay account once this is resolved, based on principle. I have no desire to continue contributing to any operation that is biased and partial. I do however I do need my paypal account. I’m clueless as to what to do at this point. Please any advice would be greatly valued.

Hello all, new here as this is the first time ive needed help with this sort of thing. Ok lets get into this... On 11/04/2013 I listed a brand new iPhone 5 on eBay with not Buy it now or Reserve on the listing (This was one of the first sales i made on eBay). About 25 minutes before the auction ended, i get a call from the top bidder on my auction. He was asking if it would be ok if he could pick the item up instead of me sending him it if he won the auction. I replied to him saying that it would be fine as long as he sent payment via PayPal promptly. (Little did i know that this was a well known [problem] on ebay) After the phone call, i contacted eBay directly using live chat support because i didn't know how he could have got my number. I enquired as to how this person obtained my number. I was told anyone who bids has access to this information. I also asked the eBay operator if there would be any issues with me giving the item in person once payment had been received. I was told this would be fine as long as you have received payment. The auction ended for £410.99 and the money was promptly in my paypal account. As soon as the funds appeared i transferred the entire amount into my bank account. I then made arrangements to meet with the buy in person about a mile from my home address. After meeting him, i handed him the phone and came home and retired for the night. The very next morning i got an email from paypal stating that there was an investigation regarding a payment reversal. I then logged into my paypal and could see that my current balance was -£396.82. I then decided to check the buyers information. After checking the information i notice that the buyer had conflicting information between his paypal and ebay account. After all this it quickly became apparent that either the ebay and/or paypal account was fraudulently used and that the person who picked up the phone was not genuine. Since then, the genuined holder of the paypal account has been in contact with ebay/paypal and ebay removed the listing from my history and credited all fees to my account. Yesterday, paypal 'resolved' the dispute, i am still in negative balance and paypal want me to restore my balance back to 0. Am i completely screwed or is there something i can do? Thanks alot!

Hi CAGers, hope you are all well, I know it's been a while since my last post, but here goes... After nearly a year of silence from my 3 debtors, it seems one of the CC companies wasn't happy with me. The rough timeline is as follows: CAPQUEST was repeatedly badgering me for money owed to Barclaycard I requested a CCA by letter about a year ago (recorded and PO for £1 enclosed) Heard nothing after the legal period had passed, so sent follow up stating the account was now in dispute as no CCA had been sent to me. Then...bliss...at least for a while Now it seems even though I had requested the CCA and sent the letter of non-compliance, the debt has now been sold to some muppets going by the name MKRR Got a nice "friendly" letter from them a few weeks ago with a freephone number (refreshing), gave them a call and told them the account was in dispute and they were illegally contacting me. They kept badgering me for a reason of non payment (I wasn't going to humour them by telling them I was in a deep 3 year depression, broke and trying to "support" my wife and then-new-born kid) I told them I would not discuss such things on the phone and told them to stop contacting me. They told me they couldn't take me off their dialler system and i would continue to receive calls/letters I told them I had requested a CCA from the previous DCA which was never received and demanded that MKRR obtain this and leave me well alone. They said they would request the CCA (no letter to prove this mind you) but they would not put the collection on hold. At which point I told them that I would only converse via letter. Now....I have received this lovely (and familiar) FINAL NOTICE letter from MKRR (as attached) I have read through it and have those old feelings of anger and upset boiling back to the surface again. Where do I stand with this guys? I think they don't have a leg to stand on and are probably breaking some kind of law trying to chase me with the account in dispute, but I don't know this for certain. Thanks for any advice you are kind enough to offer me, P.