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  1. I am 40 this month and am currently on £220 Housing Benefit per month and £202.70 Income Support (Incapacity Benefit) per fortnight, and I have been concerned about the "horror stories" concerning the ATOS reassessments based on their medical examinations. I personally take medication, like Sulpiride for anxiety and paranoia, and Omeprazole for a hiatal hernia caused by my abdominal obesity, ie. I look like a pregnant man, my belly is so big. My knees are also quite stiff, and I don't like resting on them to look in cupboards and so forth. So when I get a letter from ATOS/DWP saying I have to come in for a medical, I just go ahead and answer truthfully, right? If I'm deemed fit for work, I will have to attend interviews and so on, but for a while will only end up with something like £71 per week during the "assessment phase", but eventually end up on the "work-related activity group" at £99.15, right? That sounds not much less at all than the benefit I'm on now, which is a good thing. And I've been thinking about reentering employment for a long time now, as voluntary work just isn't cutting it and I want more money, frankly. The job market is dismal, but I'm strangely confident, for some reason. I would class myself as only slightly disabled, but is it the fear of reduced benefits or having to travel to interviews that are petrifying the genuinely needy disabled people out there, leading to the poverty and suicides we've heard about when they're deemed fit for work? Or am I missing something? Also, does the Universal Credit mean that Housing Benefit and ESA will be all combined into one lump sum per month?
  2. Sorting a debt out for and elderly relative.. Notice of Assignment came on Friday, but the OC are not quite sure who to assign it to just yet lol.. They say it will be assigned to one of the following, possibly.. Freds Moorcrap Robbers Way Buchannan Arse & Smells 1st Crud
  3. I got a quote from a Kent company to have my smashed double glazed window replaced, and I am still waiting for the work to be done. I paid a deposit of £50 by cheque - I'm I likely to get my money back. Who do I contact? - I have called the company on numerous times, but no reply, I even emailed them. Have I been scammed? They seemed very professional, I got a receipt on a very professional paper. The company is www.windowmedickent.co.uk All they have is a free phone number, which I thought was a reputable company. Can anyone advice where I go from here? Thanks in advance
  4. Hi, does any one know if are child / working tax credits will be affected ? currentlly receive child tax credits and working tax credits, one child gets DLA so i get a higher child tax credits due to that i think. also get £33 a week towards rent from Housing Benefit. anyway are incomes are ther same or near eneough as last year so wasnt expecting much of a change, then today a letter came from the housing benefit saying they had been informed of a change in circumstances by tax credits that we receive higher rate because a child receives DLA, and that they didnt calculate this in are housing benefit and should have been awarded more. this goes from 2011 to present, they owe me £7280 and weekly HB now gone up from £33 to £82 a week, they also sent me a letter to sign for help with council tax. does anyone know if this back pay of £7280 and the HB increase will come off my tax credit awards ?? i just received extra payment like most people last week and it was £5 more than my normal payment ? i think this also means my renewal form is on way. any info on this would be great, ime currenttly thinking there paying me this back in one hand and will be taking it back in the other! Also the letter attached about council tax says iam also probablly now entitled to this benefit and to sign and return the form! then goes on to say this can not be back dated so make sure you apply in time!! i have applied every year and been told i was not entitled so if i get it now its because of there error in not adding my childs dla ?? which also means i should have been receiving this since 2011 ? is there anyway to get them to back date this too :?: Thanks everyone.............. Kristyn
  5. I signed on this morning and my advicer gived me a leaflet about payments been sent early but don't understand when my payments will go in my bank and just wondering if anyone know from this: Expected Issue date Payment for Period Ending 15/03/2013 15/03/2013 27/03/2013 29/03/2013 12/04/2013 12/04/2013 I know the top one as I signed on today and it will go in my bank on the 20th (on wednesday) But when will the 27th go in? is it on the 29th it will go in my bank or the 3rd? I should signed on the 29th of March but due to been good friday Jobcentre is shut. Any advice would be great, cheers
  6. I went bankrupt in 2010 jan I have lost my job thru ill health and now on benefits and struggling. I have been informed by the bank that I had ppi in 2008 2007 which I dint know about the bank sent me the forms to claim it back. I was told that the Insolvency can claim it this back I was discharged in jan 2010 from the bankruptcy can the Isolvency claim it If I do fill in the forms and why should I it was not my fault what happen to me I have been suffering with my health just found out I have cancer can someone help me and when does the bankruptcy stop
  7. Hi all this is my first post so not sure if I am doing it correctly, but here goes. About 3 years ago me & my wife's small business went bump, owing money to a few suppliers & the bank. We were left with nothing we lived in rented property & didn't have a car or anything just the dole. We wrote to everyone explaining & sent proof & most excepted that bar one. He threatened us with court we offered what we could but he refused & took us to court. The bottom line is he got judgement & a Bailiff has been. We filled a form to set aside but it got sent back saying no grounds & if we want to ask for time to pay a fee of £50 had to be paid (which we cannot afford). The Bailiff has been today we didn't open the door or speak to him he waited outside for a bit then pushed a note through saying he will be back with a van & locksmith to break in & remove goods. Can he do that what can I do? Any help please?
  8. http://www.independent.co.uk/news/business/news/lloyds-caught-innew-ppi-storm-taxpayerbacked-bank-saved-tens-of-millions-of-pounds-by-wrongly-cutting-compensation-to-customers-9213188.html
  9. Got asked to look after a cat that needed rehoming. Got told "it is an outdoor cat and won't be any trouble"... As soon as it was let out of the cat box, it made a beeline for a cupboard and hid up behind a stack of tinned food. Over the last few weeks, it has emerged to stuff its face from the food bowl under the cover of darkness and make use of the litter tray. It has shown absolutely no interest in going outside, even after being shown an open door. I'm wondering if it is worth getting a small pooch harness and taking the little beastie out for walkies....
  10. Hi, I'm new here and only found this lovely place by looking on google. I have been working for my current employer since June 2011 (temp till 12 Dec 2011 made perm). My company was well aware I had long term illness issues which I do everything in my power to control. Last year I had a PIP done (Performance Improvement Plan) as they said my sick leave was to high. I accepted this and tried to make sure I was here as much as I can be. But now since I have had time off again it has been brought up again. This time there are going back to the time I started I have had 32.5 days off sick (24 individual occasions), 9 of those were related to my chronic lower back injury and pain, 6 to migraines, 1 for time off with stress, rest thing like cold ect... Now they are using it all saying I have to go back to the occupational health nurse who prior wrote a report to say I am classed under the disability act and that the conditions were ones that were not going to change at all. Some background, I have had 2 surgeries on my lower back for collapsed L5/S1 disc. Both failed. The last operation caused damage to my sciatic nerve, which causes chronic lower back pain, back spasms and stiffness. I suffer from Migraines caused by stress. I am currently receiving help from a psychologist for stress. I worked my butt off to get off my PIP and even came to work when I really should not have. What is my standing on how to go to HR and deal with all of this as my manager is now calling into question my capability to do my job.
  11. I paid for a laptop on Ebay only to receive a box with with a telephone directory inside..reported it to ebay and paypal and reported it as 'item not as decribed'. The seller added the tracking number to paypal and the postge receipt which showed the weight of the item he sent (box with telephone directory) inside, so paypal sided with the seller saying the receipt shows the item weighed like a laptop. Now I have lost over £750 and the seller has my money and the laptop I would never use ebay again to buy expensive items
  12. Hi all, Got a letter from Bryan Carter this morning, dated 29/08/13 informing me that as I had not paid the monies owed to Lowell financial, they have issued litigation proceedings in the county court . I will receive the claim forms in the next 48 hours. What does this mean? Have no idea what this debt is for and not had any previous communication Any ideas? Thanks
  13. Hi, I am very new to this forum business and don't really understand how it all works but would be very grateful if anyone could offer me some advice as to whether there is anything that I can do about my vehicle being repossessed?? I refer to the vehicle as mine, although, it was on HP in my husband's name with Black Horse. The first I knew about the vehicle being repossessed is when an agent knocked on my door at 6.50am on Tuesday morning! We had received no correspondence from Black Horse advising us the account was in arrears nor have they logged a default on my husband's credit file. We moved house in July 2013 and informed Black Horse, in writing, of our new address, however, the only piece of correspondence given to us by the repossession agent (Anglia) 'Notice of Termination' from the Asset Recovery Department of Black Horse was issued to our old address. We were also given a piece of paper (by the agent) headed 'other relevant information' , which states that they have made numerous visits to our new address, although there is no evidence of this, however, it is proof that they have our new address. We have missed 5 payments on the vehicle. Following investigation, I have concluded that all of our direct debits were transferred to a new account and the old account closed. The Black horse payment was not transferred as it was standing order. Was the repossession agent within his rights to take the vehicle when no default had been issued on my husband's credit file and we had not received any correspondence at all from Black Horse, I.e. A pre-possession notice that would have allowed us 15 days to make arrangements to avoid the repossession. Upon contacting Black Horse on the day of repossession, I was told by them that we could pay the arrears (£1495.02) and get the vehicle back. However, the repossession agents would not allow this so Black Horse then requested the full settlement of £8413. This was because the vehicle had already arrived at the auction site before we made contact with Black Horse - what did they expect when the vehicle was driven away just after 7am! I have 3 children, 2 of which I need to get to school. I also require my vehicle for my job (courier). No car means no job! Any advice on whether/how I can get the vehicle back would be appreciated. Many thanks. p.s. Paying the full settlement of £8413 is not feasible).
  14. Hi all Well thought I would get back in touch after a long long break. Lots has happened but thought I would post what I have achieved in the last 6 months. Have to get another mortgage and from having over 20 defaults on my credit file back in 2008 I had 5 defaults remaining. So I got to work and here is the result: Default 1 - was issued in 2010, got it back dated to 2007 and it fell off late last year. Default 2- Issued in May 2008. Checked the date of the default notice to when they issued it and it took them 5 months not the 28 days as per the notice. Quick letter to them and they back dated it to Jan this year and has now fallen off file Default 3 - was issued in 2010, they could not produce the original default notice but insisted it was issued. Told them I will take them to Court and the judge would want to see the notice so either remove or show. They removed the default notice. Default 4, 5 - Again they could not find the original default noticed issued in 2008 so they removed. All clear apart from some wrong late payment info back in 2008. If this stops me getting a mortgage I am going to issue proceedings under the DPA and sue for damages. They can not justify in any way why they are reporting the info but been stubbon they will not remove. Luckily I have house insurance cover that hopefully will pay for the proceedings. The motto here is 10 -15 years ago banks had all the wrong paper work and did not keep records. Just ask to see the notices, if they can not produce grind them down. Good Luck HAK
  15. Hi all This is the most difficult thing ive ever written,started claiming child tax credits and working tax credits about 10 yrs ago. about a year after claiming partner started a part time job working 5 hours per week Stupidly took advice from workmates that i didnt need to inform HMRC shortly after this partner got more hrs now working 15hrs week stupidly didnt tell HMRC. Why i listened to these people i dont know As the years rolled on i felt i was on runaway train i wanted to tell HMRC but was afraid of the outcome. I now know i should have informed them straight away but i didnt now my life feels like its come to an end having real dark thoughts as im convinced we are going to jail losing my job losing our house. Cant believe ive been so stupid as im writing this im shaking like a leaf cant eat cant sleep i really do feel my life has come crumbling down.All i want to do is pay the money back somehow but think HMRC will want to convict me because of the 9yrs of deceit.Still cant beleive ive got myself in this situation it really wasnt intentional it just snowballed out of control. Any advice from you kind people would be much appreciated
  16. My partner had two loans, one with HSBC the other with beneficial finance and both had PPi's. Both have been paid of in full and monthly payments stuck to. In 2009 my partner lost his job and so claimed on these two policies, however when they were sold to him, he was in full time employment so would have received sick pay and when made redundant could have used his redundancy pay to cover payments but obviously as he had these policies he claimed on them. When he took out the policies he was told it would increase his chances for being accepted for the loan and so I believe they have been mis sold? My question is, can he re claim ? also they were front loaded and interest charged on top so the actual amount he repaid on these loans for the ppi and high interest is tripple what the origional loan was so can he claim back any of the interest? He was also charged odd fees over the years for changing direct debit dates. Any advice appreciated
  17. Hi, brandnew to the forum so first post - My partner took out a loan for £4k going back to 2006 and struggled to make the loan repayments and was then pushed into taking an additional £4k by an ex partner!! now i know the debt has to be repaid but the repayment plan that Capquest have set up means it will take her just shy of 40 years to pay back !! the interest has gone out of control and the debt now stands at 12k ! she repayed the loan for over a year at around 150 pounds per month - this does not add up to me and seems unfair that the amount owed is now 12k. is their a way that the interest can be frozen and the debt repaid at an amount that is fair ?(actually pays the debt and not just the interest) any help would be much appreciated
  18. Hi, can anyone tell me if my vehicle has been repossessed unlawfully?? I had a logbook loan with Loans 2 Go and last week at 6.50am Hermes Property Services Limited repossessed my car due to non payment. I wrote to Loans 2 Go on 22 August 2013 with regards to my financial circumstances, my ongoing mental illness and self harming issues. I explained thoroughly how this came to be and also enclosed a personal budget sheet and supporting documentation/letters from the medical professionals I see, namely my GP, Counsellor and Psychiatrist. When I called HPS Thursday afternoon, they confirmed that my letter had been received but to date, I have received no reply or acknowledgement what so ever. They also informed me that the fee as of 17 October 2013 that I would have to pay to get my vehicle back would be a total of £795.08, which includes £279.60 repossession charge, £24.00 to release the vehicle and £2.40 storage charge (which is applied daily) along with a 2.9% charge for making a payment with a debit/credit card. The last written correspondence I received from them was a Default Sum Notice served in compliance with section 86E of the Consumer Credit Act 1974 dated 6 September 2013, informing me of a £15.00 late payment charge. Have they acted unlawfully and not followed or adhered to certain guidelines put in place by the Consumer Credit Trade Association? I have never been provided with a copy of their official debt and mental health policy or your complaints procedure either Consumer Credit Trade Association Code of Practice SECTION 14 - DEALING WITH CUSTOMERS EXPERIENCING FINANCIAL DIFFICULTIES 14.1 Members shall ensure, by regularly examining their debt collection procedures and those of any third parties they employ, that they conform to high ethical standards and allow for proper consideration of the customer’s circumstances and in particular: (a) encourage customers in financial difficulties to inform them of their difficulties at the earliest possible moment (and members will endeavour to respond sympathetically, without prejudice to members’ rights) (b) provide in all relevant correspondence the name or title of a specially trained member of staff who may be contacted if difficulties arise © take into consideration, before determining whether to enforce an agreement, all information supplied by the customer or otherwise in relation to the cause of any default and the customer’s future ability to repay. If the customer has disclosed multiple debt problems, members shall inform the customer of the availability of advisory services. 14.2 Members shall, where appropriate, refer customers to debt counselling organisations and notify customers where they can get free advice, such as Citizens Advice Bureaux, Money Advice Centres, National Debtline, the Consumer Credit Counselling Service or Consumer Direct. Members will work with debt counselling organisations to assist their customers. 14.3 Members shall have due regard to the Debt Collection Guidance issued by the Office of Fair Trading and in particular shall not engage in any unfair business practices identified in that Guidance. 14.4 If a member passes a customer’s account to another person to collect overdue payments, such as a debt collector or solicitor, it will inform the customer. Members will always choose debt collection firms which agree to abide by the Credit Services Association Code or OFT Debt Collection Guidelines. ADDENDUM TO CCTA CODE OF PRACTICE PAYDAY AND SHORT TERM LOANS 6. Help for customers in financial difficulty If the customer is in financial difficulty, lenders will: > Deal with the customer sympathetically and positively and do what they can to help the customer manage what they owe. This may include making new arrangements about how the customer will pay off the debt. In doing so, the lender will consider other debts owed. > Freeze interest and charges if the customer makes repayments under a reasonable repayment plan or after a maximum of 60 days of non-payment. > Not contact the customer or take any action to recover the money owed for 30 days, if the customer is making a genuine effort to agree a repayment plan using either a debt-counselling organisation or a ‘selfhelp’ approach (for example, the customer is suggesting a repayment plan). If the customer or their adviser provide the lender with clear evidence that real progress is being made in reaching a repayment plan, but work has not yet concluded, the lender will extend this ‘breathing space’ for an additional 30 days. > Tell the customer about free and independent debt-counselling organisations. These include: Citizens Advice, the Consumer Credit Counselling Service, National Debtline or the Money Advice Service. > Not allow you to borrow further from the lender until all outstanding loanswith the lender have been repaid. > Deal with people whom the customer has asked to act on their behalf, with the customer’s authority, unless those people behave unreasonably. 9. Rigorous complaints procedures When the customer takes out a loan, the lender will tell them about their complaints-handling procedure. Lenders will do this: > in writing – at or immediately after the point of sale; > by giving the customer a copy of it, if asked to do so; and > by giving the customer a copy of it, if they send us a complaint. This information will also be available on the lender’s website or at theirbusiness premises, where appropriate. If the customer wants to make a complaint, they should contact the lender first using their complaints procedure. The lender will acknowledge the complaint within five days of it being received by the lender’s Complaints Department. If the lender needs to investigate the complaint further to respond fully, the lender will tell the customer and keep them regularly updated. If the customer wants to make a complaint to the trade association about the lender’s conduct under the Charter or this Addendum, the lender will give the customer their contact details. As a first step, the trade association will refer the complaint to the lender’s Chief Executive (or a nominated representative) who will make sure the lender investigates it and send a response to the customer. If the customer is still not satisfied, the trade association will try to help the customer reach an agreement up to the time the matter is resolved. The customer may also refer the complaint to the Financial Ombudsman Service and the lender will give the customer their details. Further information on how we deal with complaints is available in the industry Codes of Practice. CCTA GOOD PRACTICE CUSTOMER CHARTER PAYDAY AND SHORT TERM LOANS Key commitments by lenders: When providing payday or short-term loans, we will: > Act fairly, reasonably and responsibly in all our dealings with you. > Not pressurise you to enter into any loan agreement or to extend (‘roll over’) the term of your existing loan agreement. > Tell you that a payday or short-term loan should be used for short-term financial needs and is not appropriate for long-term borrowing or if you are in financial difficulty. > Tell you how the loan works and the total cost of the loan (including an example of the price for each £100 borrowed, together with fees and charges) before you apply. > Check whether the loan is suitable for you taking account of your circumstances. > Carry out a sound, proper and appropriate affordability assessment and credit vetting for each loan application and before the loan is extended (rolled over), to check you can afford the loan. > Explain in general terms what types of information we will consider in making a decision, if you ask us to. > Explain how we will communicate with you during the term of the loan, how payments will be deducted from your bank account and how you can contact us by phone, email or online. > Set out clearly how continuous payment authority works (if we use it) and your rights to cancel this authority, so you can decide if this type of repayment is acceptable to you. We will remind you that if you cancel, you will still owe any outstanding debt and will need to provide an alternative method of repayment on the due date to avoid going into default. > Always notify you by email, text, letter or phone at least 3 days(1) before attempting to recover payment using continuous payment authority on the due date. This notice will ask you to contact us if you are in financial difficulty and cannot repay. THE LENDING CODE Help if you are experiencing financial difficulties Each organisation that follows the code is committed to acting sympathetically and positively if you are experiencing financial difficulties. Contact your lender as soon as you think you will experience financial difficulties and they will work with you to overcome them. This will include: • considering stopping asking for repayments from you for at least 30 days to allow you time to get advice or present a repayment plan; • making sure your repayments leave you with enough money to meet reasonable day-to-day living expenses; • considering reducing or suspending interest and charges if these would cause the debt to increase or lead to the repayment term becoming too extended; and • considering accepting token repayments (a small amount you can afford) until your situation improves. If you owe money to a number of lenders, independent money advice may be recommended. At the end of this guide there is a list of organisations that provide free advice. If you have any mental or physical health issues that affect your ability to repay your debts, you should let you lender know so they can make appropriate arrangements. Debt collection OFT guidance for businesses engaged in the recovery of consumer credit debts July 2003 (updated November 2012) SECTION 2 - OVERARCHING PRINCIPLES OF FAIR BUSINESS PRACTICE 2.1 In the OFT's view, there are a number of overarching principles of consumer protection and fair business practice which apply to all debt recovery activities. 2.2 In general terms, businesses should: • treat debtors fairly – debtors should not be subjected to aggressive practices, inappropriate coercion, or conduct which is deceitful, oppressive, unfair or improper, whether unlawful or not • be transparent in their dealings with debtors and others – information provided should be clear and should not be confusing or misleading • exercise forbearance and consideration, in particular towards debtors experiencing difficulty – we would expect businesses to work with debtors with a view to providing them with reasonable time and opportunity to repay debts and, where appropriate, to signpost them to sources of free independent debt advice • act proportionately when seeking to recover debts, taking into account debtors' circumstances – actions taken in respect of arrears or default should give proper consideration to available options and the likely effect of such actions on the debtor • establish and implement clear, effective and appropriate policies and procedures for engaging with debtors and other relevant parties, including having appropriate mechanisms for responding to reasonably queried and disputed debt and (other) complaints • establish and implement clear, appropriate and effective policies and procedures for identifying and dealing with particularly vulnerable debtors. Most debtors may be regarded as 'vulnerable', to some degree, by virtue of their financial circumstances. Of these, some may be, permanently or temporarily, rendered particularly vulnerable by virtue of the fact that they are significantly constrained in terms of their ability to engage appropriately with those pursuing them for the repayment of debts owed. Debtors with mental health issues and/or with mental capacity limitations (amongst other types of actually or potentially particularly vulnerable individuals) may fall into this category. Physical/psychological harassment 3.7 r. failing to suspend the pursuit of recovery of a debt under circumstances in which it is understood37that the debtor might not have the mental capacity to make relevant decisions regarding the management of the debt and/or to engage in the debt recovery process at that time. Deceptive and/or unfair methods 3.9 M (ii) using the CPA in a manner which is unreasonable or disproportionate or excessive in failing to have proper regard to the possibility that a debtor is in financial difficulties and the consequent need for forbearance For example: • seeking payment before income or other funds may reasonably be expected to reach the account • seeking payment where there is reason to believe that there are insufficient funds in the account or that this would leave insufficient funds for priority debts or other essential living expenses • continuing to use the CPA after the debtor has informed the creditor, or the latter has otherwise become aware, that the debtor is in financial difficulties and cannot afford to repay • continuing to use the CPA for an unreasonable period after the due date without taking steps to establish the reason(s) for the payment failure • seeking part payment before reasonable attempts to collect in full on the due date have been made. Whether use of a CPA is reasonable and proportionate, and not excessive (as regards the frequency or period of collection attempts), will depend upon the circumstances, including whether there may be evidence of actual or potential financial difficulty and whether the debtor has been notified of the failure to collect and has responded to contact from the creditor. The OFT would expect creditors to exercise appropriate forbearance where there is evidence to suggest that the debtor is, or may be, experiencing financial difficulties. If the creditor is unable to recover the whole of the due amount by the end of the next business day after the due date, the OFT would generally regard this as indicating the possibility of financial difficulty. We would generally therefore expect the creditor to suspend use of the CPA until reasonable efforts to contact the debtor to establish the reason(s) for the payment failure and whether the debtor may be in financial difficulties have been made (unless this has already been done subsequent to the initial payment failure). If the parties have agreed an alternative payment date, as a fallback if the full payment is not available on the due date, we would generally expect the creditor to suspend use of the CPA after the due date, and again after the alternative payment date (if the creditor is unable to recover the due amount by the end of that day), and make reasonable efforts to contact the debtor as above. If there is evidence of financial difficulty, we would expect the creditor to reassess the position with a view to agreeing a revised payment schedule or alternative repayment arrangements where appropriate. If reasonable efforts to contact the debtor are unsuccessful or the debtor refuses to engage (and there is no further evidence of financial difficulty), any subsequent use of the CPA should be reasonable and not excessive with due regard to the possibility that an unresponsive debtor may nevertheless be in financial difficulties and that a debtor not in financial difficulties at the time of contact may subsequently be in financial difficulties. If attempts to recover payment continue to fail, we would expect the creditor to make periodic further reasonable attempts at contact, at reasonable intervals, to establish whether the debtor may be in financial difficulties. What is ‘reasonable’ will depend upon all the circumstances including information the creditor has on the debtor’s position, the result of previous contact attempts and the period over which payment attempts have been unsuccessful. Part payments should be sought only following reasonable efforts to collect in full on the due date and having regard to the possibility that the debtor is in financial difficulties. Attempts at part payment, where used and whether successful or not, should be reasonable in number bearing in mind the possibility of such difficulties. For example, if part payment is taken to avoid a debtor incurring a default charge, we would generally expect that only one such payment would be required for this. Debt collection visits 3.13 Examples of unfair or improper practices are: b. visiting a debtor at a time when it is understood or suspected that he is, or may be, particularly vulnerable I note that the OFT expects businesses engaging in debt recovery activities to have regard to The Money Advice Liaison Group's (MALG) voluntary guidelines for best practice in the management of debt; for consumers with mental health problems and debt, which I do not believe they have done. They have also not taken into account The Briefing for Creditors and Debt Collection Agencies by The Royal Collage of Psychiatrists and the Money Advice Trust on Debt Collection and Mental Health; ten steps to improve recovery. Their own Bill of Sale states that “If you have a material change of circumstances we will take this into consideration and may agree to reduce your repayments until such time as you are able to continue with your contractual repayments”. I do not feel this has been done. Yesterday I received a Default Sum Notice served in Compliance with section 86E of the Consumer Credit Act 1974 with a repossession charge for £279.60, four days after the vehicle was seized.
  19. Firstly, this post is NOT intended to condone shoplifting. It's to protect people from somewhat rogue security officers/retail profit protection colleagues from abusing their positions. Theft is theft and if you comply peacefully, you'll most than likely end up in a better position than running. People steal for all sorts of reasons, sometimes it's an accident (You forget you have an item in your hand), compulsion, to make ends meet etc. The fact is, if you remove an item with the intention of permanantly depriving the rightful owner of it - It's theft. If you forget to pay, use self scan and make an effort to scan it but it doesn't register or a cashier doesn't scan an item, it is not theft. If you find yourself stopped for shop lifting, there are various rules that the civilian making the stop has to follow. This does not count if you've been stopped by police. Remember, a Profit Protection Colleague, Security Officer or any body else other than the police have only the same rights as you or me. They have to see a certain set of instances known as "SCONE". S - Selection of the item. (i.e, approaching a shelf empty handed, picking the item up). C - Concealment (Putting the item in a bag, coat, whatever) O - Observation (They have to watch you consistantly. If their vision is broken at any time, they shouldn't make a stop) N - Non payment (Going beyond the last point of payment in store - This is your last chance to make your name clean by paying or making an excuse at the checkout) E - Exit (Leaving the store completely past all points of payment with no intention of returning immediately) If YOU believe that any of the above have not been followed, seen and recorded mentally by the officer who is observing you, YOU have every right to put the item down and leave the store. If the company in question offers you a banning notice, you can do as you please with your excuse. More than likely, if you've made it to the last point and bailed, it's more than likely that you were going to remove the item from them. If you've left the store without the item and the security officer stops you, politely tell the officer that you simply did not want the item and have put it down. You do not wish to discuss it further. At this point, you are free to go, whatever he says as without SCONE, the officer hasn't seen an indictable offence take place. If you've left the store without paying for an item, security/colleagues should be polite and courteous. In the case of contract officers, this is worth their license to them. Once they've politely reqeusted you return to the store, they SHOULD inform you; "I am employed by XXX to protect profits. I have seen you remove an item from this premises without permission and therefore I am detaining you under Section One of the Police and Criminal Evidence Act (PACE). You do not have to say anything, but it may harm your defence if you do not mention when questioned, something which you may later rely on in court. Anything you do say may be noted and used in evidence. Do you understand?" The Security Officer will have to explain it if you do not understand. If you inform him you don't understand what he's just said, he should give it to you straight. If he says "Tough, you're coming with me" or similar, you've got a point of complaint. If he does not read you a caution, it doesn't mean that the citizens arrest is null, it means that you can say to him what you please and it will be less credible. Bear in mind, a lack of a caution can work two ways. Security Officers generally have the final say in what course of action to take; If that means you can negotiate with the officer and store representitive, all the better. There's no harm, just as if your kid breaks a neighbours window with a football; Theres not often reason for police involvement. It's a civil matter until the police arrive. If the word shoplifter/thief etc is used, remind them that YOU are innocent until proven guilty, just as YOU are entitled to leave at any time. Remember, civil matter. If they withold the right to use the toilet, drink water or be comfortably warm/dry/cool etc, they have removed your liberty as a citizen. Now, the police can be called or negotiations can be made. If you're pleasant, inform them of ANY genuine reasons that you've stolen/removed items without payment and comply with their request to come quietly to the office, you'll get off on the right foot. Negotiations can be made. Hell, if you're in hardship with three kids and abusive husband (for example), I've offered bags to take the goods away (minus the £35.00 turkey the woman had hidden in her babies "Cosy toes" foot warmer - I'm not THAT nice!!). If the police are called, remember, you've got the right to plead your case. There is discretion in it all. You can be remorseful and pleasant, or you can kick off. If you kick off and smack the person stopping you, you'll get CHARGED for two offences - For definate. There'll be no negotiations and you may be made more uncomfortable than somebody who is compliant. The rest is elimentery. Your rights; There's the right to pursue a false arrest claim if the person making the stop detains you and wont release you even though you've no goods on board or SCONE has not been followed. Remember however, the police CAN stop you and search you AND most towns have CCTV and WILL track you. Remember, if you've not got the goods on board at point of exit, you are NOT committing an offence. You have the right to remain silent. You have the right to make notes of what is happening and you have the right to leave - They can NOT lock you in a room or physically restrain you unless you are violent. You have the right to water, toilet facilities and fresh air if available. Nobody can remove your liberty and not allow you the right to water and certain drinks if you suffer from diabetes etc - As long as you're paying, of course! You have the right to ask questions. However, these should be limited and always as "Alleged". You have the right to give the goods back in a saleable condition and negotiate. You have the right to dump goods at the last point of exit if a security officer/store detective is watching you. NOBODY (aside from the law) has the right to search you, remove items from you or look in bags/coats/buggy's etc Remember, unless the goods leave the doors, you are NOT a thief. If you're stopped without having goods on board, the best thing you can do is comply. It's embarassing for the shop, it will ensure an investigation by the SIA (If relevant) and will enable you to complain and potentially reap the rewards for 10 minutes of your time. I've known people get £205 worth of shopping refunded AND £50 gift voucher because an officer stopped them without seeing SCONE. By complaining, you are ensuring that other people will not have to endure the same treatment. The store will complain to the relevant people, the officer will be disgraced and retrained as required. But please, if you're really desperate, take a crisis loan from the job centre and pay for the goods rightfully. Borrow from friends and family or go without. There is nothing worse for us than catching somebody who clearly doesn't want to steal. We're there to stop the big gangs (Booze thiefs, Chewing Gum thiefs, Refund [problem]mers etc). We DO NOT want to be dealing with somebody who is trying to make ends meet. We're not all bad people and as referred to above, are known to turn a blind eye in certain cases; It doesn't happen always and we can't all be the same. End of the day, don't steal. It can end up wrecking your life. This isn't a guide to tell you how to do it, but to avoid becoming a criminal. Yukiko.
  20. I've been absent for work for 2 years and I'm still employed without any pay or SSP. Why haven't I been dismissed for capability? Seems a long time to continue to employ an absent person and I wondered what reasons a company would have to let it go on for so long.
  21. British Gas broke into businesswoman's home over an unpaid bill despite not having any gas appliances in her flat Read more: http://www.dailymail.co.uk/news/article-2431864/British-Gas-broke-businesswomans-home-unpaid-despite-having-gas-appliances-flat.html#ixzz2gMoyfcLV I would hope they provided this poor woman with more than just an apology !! This is not a one off situation, there are many similar stories on CAG
  22. http://www.telegraph.co.uk/culture/tvandradio/bbc/10256679/TV-licence-offences-account-for-one-in-ten-UK-court-cases.html
  23. I had sent my car to a mechanic to get it fixed. Unfortunately the mechanic and his landlord have had a dispute over the rent lawfully due and the landlord has now decided to lock the garage and has taken the keys to my car. The landlord claims not to have taken anything from inside the garage and only secured the garage with his own padlock. My mechanic has not been able t access the garage and the police have refused my mechanic from re-entering the garage. I am therefore unable to retrieve my possessions. I have agreed with my mechanic that I can have my car back and will not owe them any money. My mechanic was unaware that the landlord had came and taken my keys and locked the garage. I have spoken to the Landlord of the building ad he claims not ot have the keys to my car. In addition the landlord has stated that he will only allow me to have my car back once he is able to obtain a copy of my logbook and drivers license. I have tried to contact him to arrange a date to regain possession of my items and he is giving me the run around. I feel that he is messing me around and I do not believe that he should have a copy of my logbook and drivers license especially as I think he he has the keys to my car and come steal my car at any time in the future if I was to get a spare key cut. My car is now impounded in the garage and the landlord does not appear to be forthcoming in allowing me to regain my possessions. He has told me he will only return my car at a date and time of his discretion. I feel powerless and given that this would appear to be a civil matter I can not even got to the police or can I report him for theft? I want to know what legal action can I take and what part of the law am i protected by. I need to do something asap Can someone help me
  24. Please could someone advise me I have just received a phone call to say my ATOS assessment has reulted in a nil assessment. My benefit ESA has been stopped as of yesterday. What do I need to do Help please so stressed
  25. I'm just looking to see if anyone has been to a DLA tribunal and if they could let me know what to expect - I have a date next week on behalf of my 5 year old son and have no idea what I am likely to face. The DWP made a catalogue of errors in deciding my sons case - am I correct in thinking that will all be disregarded and it's just basically a "my say vs their say" on my sons medical probelms? Any help would be greatfully received.
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