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  1. Hi there need some help urgently, i have a debt for 6k which has been statute barred for the last 6months when i say statute barred, the last payment was september 2008, and the default date january 2008. the dca 1st credit, contacted me in september, i requested statement of account, and they left me alone.. after which i never heard nothing again. about 2 weeks ago, i started receiving phone calls which i ignored from them. today in the post i have received a letter from the original creditor who sold the debt to 1st credit, that back in 2008 they applied a charge to my account when they transferred the debt to another company. and that they were refunding this charge to my account , and also gave me a cheque for the same sum aswell, as a gesture of goodwill. they also state that they have contacted 1st credit to apply this to my account. im in dire straights now, because the original creditor has done this, surely 1st credit can argue because a payment has been received, that this debt is not statute barred? even though its been statute barred since the beginning of the year. has anyone got any experiences in this situation... ive worked so hard to get myself sorted, and now this happens..... i may be panicking for no reason, but it all seems very convenient that since receiving these phone calls a couple of weeks ago, this happens.. hope someone can give me some advice... thanks
  2. Went to ATM link cash machine in my local shop .i wanted to withdraw £500 the machine made the right noises £180 came out the cash machine and then the machine came up with an error I then checked my bank statement which showed £500 taken from my bank.now am £320 down what can i do? Lady in the shop said this evening when the shops closes the machine will be checked will i get this money or not my bank has made note of this
  3. on Friday the 17th April I was caught with my little bothers 11-15 Oyster card which is free for him I told the inspector that it was mine but he said I looked to old. I tried convincing him I was 15 but it didn't work out. I know it was wrong of me. I'm 18 but I have a 16+ Oyster card because I'm still in sixthform my travels are free for me I lost my 16+ oyster weeks ago and that's the reason why I used my little brothers Oyster card I told the inspector all of this as well and he took my details in a notebook and asked me to sign it ? I received a letter from Tfl asking me to fill in my details and to comment on my side of the story, they said In the letter I was caught with no valid Oyster card and I could be prosecuted. In the letter I replied back that it was wrong for me and that I was on my way to my aunts who just gave birth and I was desperate to visit her which is why I used my brothers and that I'm sorry aswell as telling them I tried to order a new Oyster card to replace my lost one but it wouldn't work. what I want to know is what actions could Tfl take could they fine me or take me to court even though I have a 16+ free travel valid for myself ?? Please help
  4. Hello need some advice. Been a tenant for 14 months always paid rent when it was due.Small family myself wife and two kids 4 years old and 3 month old baby, Our landlady decided out the blue to put the house for sale and has gave us two months notice Few questions i have 1) our deposit was never but in a scheme we have never had an issue whre do we stand on this 2) with the house going for sale is she allowed to show up when she likes when she has viewings? 3) anyway we can delay the eviction after two months roughly how long have we got if we stay put 4) we have never had a new tenancy once 6 months where up it just rolled over as much info to help us please
  5. hi guys and girls, thank you for taking the time to read this in advance.. this is quite a long story, i will try to keep it as short as i possibly can without missing anything out. i met my now partner a few years ago while going through quire a lot of financial difficulties, which at present are still ongoing. at the time, i worked away for the majority of the week and only being home a couple of days. i lived alone. we met, got on great she had a one and half year old daughter. for a very long time, she was not willing to make us a permanent item or such, having a great deal of trust issues due to physical and mental abuse from her daughters father, which was understandable. eventually came the point i could not afford to keep my own place, so gave it up, my parents, due to my younger sister, would not let me use their address, but kirsty said it would be ok to use hers as we had known each other a while and any mail and such would be safe. i did stay with her on occasions, along with staying with my parents when needed as they both have cancer, so i was needed quite often. a few years later, i found a job closer, but, as it meant not working away anymore, and kirsty still not finding a job, i had to "sofa surf" as i wasnt prepared to put her and her young dependant in jeapordy of losing their home. she finally found a small part time job local to her in a bar, 3 nights a week, and having no family close to her, was able to rely on myself to go to her place of work, collect her daughter and a set of keys, and babysit for her. then, she gets a letter stating she is to be interviewed for benefit fraud, she attended this, the whole while feeling bullied and talked down to, and unable to put her own points accross, they where very rude to her. During this interview, the showed her MY bank statements (which show no evidence of me contributing to her household whatsoever) but apparently as was evidence enough?!?! and that my car was insured at her address (to insure a car an address is needed, and as i worked away, her drive was a safe place to keep my car). no photographic evidence available to the contrary nor of me living there which i wasn't. only one witness statement was read out to her, from her previous employer (which has come to light is now being sent down for a 3rd time for fraud) which actually contradicts their claim. in this statement, in her statement, knowing us for around 6 months, she states we where a couple living together.... yet i would collect my partners daughter from her place of work, and a set of keys to gain access to her home (sometimes get all the way to her home and realise i had no keys and have to go back, also stated in witness statement). my partner told them of my sofa surfing and being homeless, they asked for names, names given, then stated would interview these people and myself.... between ourselve now have 41k in debts to be paid, and not one person including myself have been interviewed except kirsty. myself and my partner are on low wages (her on only 34 hours per week). all of this is causing a lot of mental stress to us both, and as you read this, she has been sent home AGAIN as its now causing physical stress to her, causing her problems at work, (she has now found a job as a carer) and in her state is unable to carry out her job to the standard needed. today the cause was an AOE for £19300.91 for housing benefit. neither me nor her can ever be able to pay 41k which will lead us both and her daughter to end up on the street as far as we are concerned. The AOE comes with no court order or anything. just a bog standard printed letter. no liability order. we have also received a letter each stating bailiffs will be coming for 10k of c/t, no court stamp, no wet signature. I am positive ive missed things out, but when i remember will update many thanks in advance apologies, i meant to state, i have no idea what to do, and im useless at letters or correspondence and have never had this to deal with, i myself am still in financial difficulty, and this is putting a huge strain on our family unit. just to point out, we went into the council office stating these debts are unrecognized, i was put onto the phone to one of the interviewers, who in turn was not interested in the slightest and put the phone down
  6. i bought a car on 30th of march from a dealers in leeds i went to view it, i tried my best to look as im no expert we noticed slight smoke from exhaust we asked him and he said it was due to the repairs he had done and it will wear off after a few days with it just passing its mot i believed him as i presumed that the mot means its road worthy, after the 1st day i noticed the tyre tread on left wheel was completely worn down on one side and after 2 days the engine management light came on so i text the man and no reply i left it a few days and the problem was appearing now physically it was dragging and not picking up speed so i rang him this time and basically he said you bought the car its not my problem its yours im not doing anything for you or that car. so i text him and told him what problems the car had and how when he sold me it it was not roadworthy and that i will report him to trading standards if he will not offer to repair or replace and he basically said see you in court mate. so i had no choice i needed the car to run so i had to go to a different garage upon looking he noticed the front part of the exhaust was falling apart and on diagnostic it showed the coils needed replacing, i fixed the exhaust and left coils as not enough money to pay for it, after 3 days i returned for the coils replacing the mechanic had found he had fitted old reused cheap coils and old reused cheap spark plugs and the valve stem oil seals are failing, so basically ive bought a car that is useless as its only a vauxhalll astra 03 plate... the mechanic did what he could and flushed it out changed oil and coils etc but he said its only going to last 2 months max. im devastated as a single mother id saved up 600 to buy my first car and i might as well of thrown it away and not only that had to spend 300 on top of that to fix. what can i do? i know i have rights but how hard is this to pursue and how much extra will it cost i dont want this person to get away with this. any advice please is appreciated.
  7. Hi guys, I need some advice please. My daughter who resides with me received a train fare fine around 2010, she was arrested by warrant officer early December and taken to court for order to pay WHICH SHE FAILED TO DO!. She is 24 Marstons have called at my door once before they arrived today with a warrant to take goods I opened door would not let them in they both placed their foot in the door so I could not shut it, they said as I opened the door they could enter. The 'fine' currently stands at £569, I phoned the police who attended but were just there to keep the peace. We could not get the money together so they entered my properrty and tried to take my settee television vases lights mirrors etc all my property but I have no receipts for them. I managed to get £250 for them they said they will call tomorrow for the rest if I did not have it they would take MY property and if I failed to open the door they would get a locksmith. The problem we are having is we cant get the rest of the money together what can I do? she owes the money yes buts its my property please help me
  8. Hello to you all, I've turned to this fine site for help on a situation i have found myself in with a company called Excel, and really need the help of someone with some knowledge on this. I was given a parking ticket from Brighton council, whilst parked on a main road, and I completely forgot to pay it. In January of this year, I received a letter from Excel saying I owed them around £160 for non-payment of the fine. I have no issue with this at all. I forgot to pay the fine in time, and so I accept the consequence. And here is where my issues begin. I was away for a few weeks in January, dealing with some family stuff in Spain. I saw the 1st letter from Excel and spoke with them, as their “expected” date for payment was nearing ., and they gave me some extra time to pay. As I’d been out of work since November and not back until this month (injured my wrist and I’m a musician), I realised I wouldn’t have the funds to pay them on the date we agreed. to avoid any further issues or charges, I sent them a letter asking to arrange a way that I can pay them over a few payments. I also explained that the address they have for me is my parent’s address, as that is where the car is registered. I occasionally use one of my parent’s cars as they have an estate car. My parking ticket, so my responsibility. Over a month went past and I heard nothing from them, until a few weeks ago. An “enforcement” agent arrived at my parent’s house, with a "letter of attendance" saying I NOW owe them £387. I’ve been in contact with Excel, but they say they have no record of a letter being received about this issue. I know I sent it recorded delivery, so really annoyed they’re now saying this. Unfortunately, I cannot find the receipt stub I got at the post office to be able to prove that I posted it to them. I feel stupid for not keeping it safer, but as I’m just about to move house, I got rid of a lot of paperwork. My own stupid fault. Like I said, I don’t have any problem whatsoever paying the original £160 fine. I didn’t pay my 1st ticket in time, so it’s my own fault. The issue I have is the extra charges they’ve put on top now, and the fact that my parent’s car could possibly be clamped for non-payment. Sorry for this long message, but thought I’d try explaining as best as I could as I’m a tad worried about this all.
  9. HELP I have received a hand delivered letter in my letter box today from BAILIFFS It is addressed to my son who hasn't lived here since he was 17. I dont normally open any of his post and just bin it however this letter was not totally in its envelope. I have been estranged from him since he was this age as he was in considerable trouble with the police Now I have notice that these people are to return to my address to remove goods Help what can I do
  10. Went to shopping retail park at weekend; I was not driving car ( it is registered in my name and a named driver was driving) . Car park was packed - no place to park anywhere, so we droive right to the back and decided to park alongside an unmarked kerb, still allowing space for cars parked along side/oppositeto reverse and get out. There were no notices anywhere that we could see which said no parking/ no yellow lines or marked boxes. When we returned we found PCN affixed to windscreen stating contrvention code C - park only within marked bays; £90 fine reduced to £50 if we pay within14 days. Very upsetting as we had been out budget shopping to save money! Not sure how to deal - are we really liable to pay this and should we bother appealing? I almost submitted the appeal form online when prompted to confirm if I was the driver and I stated "no" - they then wanted the driver to enter into a contract online a to pay anything found to be due! I thought that was unfair and so did not proceed further and the appeal has not been submitted. Can they get a judgement against me for this? I ahve no CCJ's and worried how this could affectme professionally + credit rating. What if there was a notice somewhere which we did not see telling us we could not park anywhere except within marked bays? Would apprecaite any comments at all. Thank you very much.
  11. Hi I moved from a rented house to another rented house 8 months ago. There was an outstanding council tax bill of £650 on the old house which I hadn't paid. I gave them my new address etc and promised to sort something out but I then lost my job and have been unemployed since. They passed it onto bailiffs - Rossendales. They wanted £28 a week which doesn't sound a lot but when you add it to all the other debts and current bills etc it was too much I asked them to reduce it until I found work. I sent off the paperwork proof they asked for but never heard anything from them until just now. The bailiff knocked on the door and handed me an enforcement notice saying he would be back in two days to remove goods. I have emailed Rossendales and asked them why they didn't get back to me and what has happened to the paperwork I sent them and why haven't they looked at it. They haven't replied yet. I am at my wits end and don't know what to do. I have enough cash to pay the original debt of £650 but not enough to pay Rossendales which is £900. But if I paid the original debt it would leave me short for the rent which is due in just under 3 weeks time so that would be even worse - maybe!!! I just want to die. Can anybody offer any advice? thanks
  12. Hello everyone, I just wanted to start by saying that I am so sorry to only just have discovered this amazing resource and the kind, intelligent people who use it, and then ruin my 'wow' moment by having to immediately BEG for your help... The story is too long to type at this hour, and the clock's ticking away very quickly until I have to have written the document about which I desperately need guidance/examples of similar/a miracle... So the short version goes like this: UNUM provide group PHI cpver for my employer. I was signed off sick in 2012 and then in july 2013 UNUM ceased my claim owing to lack of medical evidence proving that i continued to suffer from the (permanent) diagnosed condition for which i was signed off sick. There are only 3 months where GP notes were unavailable as i had moved house and not registerd with a new GP - consequently i was unable to get prescriptions for my long-term medication (a fact that UNUM are using to prove that i no longer suffered from the condition). My employer supported me in appealing the decision as, sadly, there was a reason for that 3 month gap in GP notes and medication: I was suffering from extreme domestic abuse and had been repeatedly, against my will, put at great risk of contracting HIV. I was virtually under house arrest and that is why i never made it to register with a new GP. Alongside all the medical evidence both (a few months)before and quite soon after the date that unum ceased to uphold my claim, i also submitted my own account of the events that had led to the no-gp-notes-scenario. which i reckon was pretty brave, and very, very tough to do. Every single medical professional that i have seen since August 2013 has written a report that not only states that i am clearly still unfit for work currrently, but ALSO that, in thier professional opinion, the account i have given of the missing 3 months is 100% plausible and that they are in no doubt whatsoever about my integrity. Appeal was submitted in december 2013, rejected in feb 2014, re-appealed in april and finally rejected again in july. There are 2 steps left now. first, i must write a letter of complaint to UNUM about their decision. Ultimately this will be disregarded immmediately but it is the stepping stone in order to take them to the financial ombudsman service - which is something that both my employer and I feel we simply MUST do. Finally, here is the problem and the cause of my plea for help: I literally cannot write this complaint letter. Not because i don;t know what to say or how to write or anything, but because i am exhausted by evrything to do with unum and life and people demanding and expecting me to do things that are easy yet impossible when i am going to pieces as i am now. PLEASE, i beg of you, if anybody has an example of a similar complaint letter in terms of its function within the entire process of appealing claims that have been terminated, i would be beyond grateful for your help. my brain feels like it's dissolving and i simply cannot write one single stupid word of this letter - and if it's not at least drafted out by midday tomorrow then my only chance to get it right (with my wonderful father's help - who is currently beyond despair at my inability to have sent him a basic draft by 7pm this evening, despite repeated promises that of course i would) will be over. as in, game over. Please can anybody help me with an example/sample or something that i canjust about craft enough into a basic draft in time for tomorrow midday - cos then at least i'm in with a fighting chance. and, my god, i really need one cos i can't cope with anymore sadness, not now, not again, please. Sorry, but thank you for taking the time to read this and help if you're at all able to. Thank you xx
  13. Evening I have an eviction notice for Wednesday 1st April. This was a suspended order from 2013 I made all due payments but have unfortunately fallen behind and now owe £4,115.. I filled in an NN24 form but it has been returned as I didn't include copies I will be going to court tomorrow to hand deliver. I have offered to pay £2000 immediately and assured them I will pay the remainder within 2 months but the solicitors have refused this offer and the lender refuses to discuss matter with me. Please any help would be greatfully recieved, Thanks.
  14. Hi there I am posting on behalf of my daughter who is a student in London "I am a student living in London - in wandsworth council - with two other students. Therefore we are exempt from paying council tax. When we first got our council tax bill we sent off our exemption forms. Never heard anything so assumed was all sorted. Months later, we received a reminder, I tried to call the council to say we had sent off forms, could not speak to an actual human being no matter what options i pressed. Gave up as read on a forum that they sometimes send a bill anyway (stupid mistake of mine in hindsight). We then got a final notice letter, I again tried to ring up, couldn't speak to anyone, sent an email. Never heard back. A few days later we got a letter from chandlers debt collectors - all escalated very quickly. If I am honest I think my flatmate, who is foreign and doesn't speak a lot of english therefore we rarely communicate with her, might of being opening the letters and not understanding them and therefore disregarding them, as we have recently discovered she also did it with the electricity bill!!. Chandlers were due to come and collect on the 27/3/15 according to the letter, last wednesday, 18/3/15, i rang the council again, could not get through, scoured their website, they said their calling functions weren't working and to email, emailed and got an automated response saying someone would get back to me in 10 working days. All i want to do is speak to someone to explain that we are students and sent our expemption forms off and what we need to do to make sure they get to the right place next time. Then today i came home to a letter from the bailiffs, they had been around to collect, nobody was in, stated that they would return again and if we ignore the notice they would get a magistrates court order to collect in our absence. I immdiately rang chandlers, they were unhelpful and said there was nothing they could do as it is just an order they get. I then rang citizens advice and they said to pay the debt and they try and claim the money back off the council by proving we are exempt. Which seems ridiculous as we don't owe it in the first place. We are all hard working students and don't even have anything of value apart from my laptop for them to collect, we don't have a TV, car or anything! Fridge etc belongs to the landlords. My plan is to go into the actual council on wednesday (earliest i can do it due to work) and try and explain, but not sure what else to do as chandlers said they would be calling again tomorrow and we are all very worried!!! any help or advice I would be so grateful for!! thank you!
  15. Hi all, I have just reviewed my online credit file have discovered that I have a default/delinquent balance registered on there for £97,691. This account was opened in 2007 by someone with an different name, however it reports on my file under my address. The company who have registered this is NRAM, I have identified this is due to a repossession of a house. This is a substantial mount of money that has and will continue to have a detrimental affect on my any guidance how to resolve this??
  16. Hi, i really need some good advice on what to do. i was silly and made a mistake about settling up my council tax and stuck my head in the sand. I got two enforcement arrangements made and passed over to jacobs. i set up a payment plan with them which was more than i could afford. they were supposed to take payment every month. I'm not someone who regularly check my bank statements and didn't know the payments had not come out. they said they sent me a letter but i never got one or a phone call. I came home and found a letter in my door saying if i don't pay in 24 hours, that they were going to take my possessions. the debt is for 1700 and i simply don't have the money, i live barely hand to mouth as it is and struggle all the time. it says that if i don't pay in full within 24 hours they will take everything. i have hardly anything of value and the letter even says they will take things even if i am not there. what am i supposed to do? what can i do? jacobs head office says everything is in the hands of the enforcement agent now and they can't/won't re instate the plan with me and its at the sole discretion of the bailiff. what do i do? i have a car i use to get to work, i live in a somewhat remotes area and without it i couldn't get to work. i won't let them in at all but they say they can come in without me there! i tried calling the bailiff but got no answer other than to leave my name, number and postcode and he will get back to me. do i need to stay home to make sure he won't come in? i know i was stupid but i tried to fix it but i don't know what to do. i live in a rented flat with my partner and we really struggle financially. do they have to agree to a payment plan? please give me some advice, please.
  17. I need help with a Claim form I have received today please. Many thanks to anybody who replies, Toots.
  18. Hiya Any help would be very much appreciated please. Started up in business in 2003. Due to the recession the business was closed in 2008. Due to lack of money the vat retuns from july 2007 to oct 2008 weren't filed until close of business at end of 2008. The said returns were all sent together with a covering letter stating the business was now closed and I was de-registering for VAT. They replied and sent a form to fill in to officially de-register, which was duly filled in and returned. Somewhere around 2011 I received one of there yellow surcharge letters saying I hadn't filed my vat return on time so a surcharge would be added etc. I phoned up and was told there must be a glitch on the system and to just ignore it. which I did. Then in Feb last year (2014) received a call from HMRC debt management saying we owed in excess of £7000 in unpaid vat saying we were still in business. They were told that is not the case as the business was closed in 2008, and asked they put it in writing. Received a letter stating they had decided the business ended in 2008 and to file the final vat online. I could not file online as never had a log-on (didn't even know you could it was always a paper return). in a panic, I sent them my photo-copies of the vat returns and de-registering form as I did not have a working printer to copy them again. I sent them off with a hand written letter as to why I couldn't file online. Heard absolutely nothing from them until Dec 2014 when received a letter of impending enforcement for £3000. Phoned them up and explained what had gone on and said would send a letter stating we would look for the information and gave various contact details so they could advise a course of action. Letter was sent. Yesterday the bailiffs turned up at the door, hubby told them go away and promptly phone the debt management team. They said they never received a letter to which I cant imagine what hubby said as I was at work, but eventually after looking she said oh here it it and read it back to him. As its been over 7 years since the business closed I dont have the paperwork anymore, but I did find a box of old floppy discs where I managed to get a disc to work with the VAT accounts for the business from start to finish. Phoned HMRC debt management up this morning and said I have all the information that is needed. She informed me that she would arrainge for the vat returns to be re-issued so I could fill them in again and she would personally deall with them and bring this farce to a close. Finally. Well so I thought anyway. 10 mins later she called back and said that vat returns cant be sent in more than 4 years late so the debt still stands and the bailiffs have been informed to continue. Is there anything I can do? It's my word against there's. I know I sent the returns. Why has it taken until now before they suddenly decide I owe them money. I have 14 days before the bailiffs can returned for the money or goods to the value of. Sorting out the appeals procedure letter but that wont stop the bailiffs and I dont have any money. Any ideas please Oh and I forgot. After sending the returns they should owe us money albeit less than £50
  19. Hi, all, need some urgent advice. TV licence fine debt of £20 was sent to collectica. Had been paying fine off but due to payment issues with ESA, missed two £5 payments. Received a letter from collectica charging me £75 plus the outstanding fine debt of £20. I was really angry that no notice had been given to me of it going to collectica, but it's my fault for forgetting to chase it, called collectica to sort out paying. The guy on the phone was awful and so rude and obnoxious. He left me in absolute tears. He wanted the whole lot in one go, and said that the bailiffs would remove my property, or send me to prison if I didn't pay up. I eventually managed to get him to agree to letting me pay in instalments. He offered 4 weekly instalment amounts, I asked if I could pay double the amount as I get paid fortnightly. instead of 4 weekly instalments, I would pay two fortnightly payments of £52 each fortnight. He was happy with this. I got a call at the crack of dawn on Monday from him to take first payment of £52. The next payment is due Feb 9th, as agreed. Forward to today, i've got a letter from collectica stating my next payment is due. Have just called them and was told I have to pay up today or they will forward to bailiffs. I explained I had an agreement to pay the next payment on he 9th, they are saying I'm lying and that it's due now. I have no idea what to do. Am so upset. Explained that the whole reason I was paying larger amounts was because it was agreed I could pay fortnightly. They just won't listen. now I'm looking at another £230 bailiff charges because they have noted wrong date on computer, and im completely up the creek as it's my word against theirs. Can't believe the upset this is causing, and the debt was only £20. Is there any way I can deal with collectica ? They have made this error and I am so very very angry that they are adding another charge on top. This is just so unfair. Is there anything I can do ? Thank you so much for your time. I just don't have the money to give these people. Paying the two lots of £52 is bad enough and I had to get a damn Wonga loan to give them their first payment.
  20. Hello Everyone, My friend has her first work programme appointment on the 24th June 2013 and was unable to attend due to being very anxious, being sick and had panic attacks! I rang Ingeus and spoke to her Employment Advisor, he was busy when I rang so I left a message that is was important he call back because it was to do with my friend's appointment and that she was unable to attend that day! He did call back and I duly answered the phone call, I told him why my friend was unable to attend and if she can have another appointment date and that I will come with her, I've explained about her anxiety and panic attacks and also told him her advisor at the Job Centre knows of her circumstances as I've had to cancel an appointment she had with her job centre advisor before, I requested that my friend will need a private room as she will not cope being in a room full of people! All what we asked was granted and I also told Ingeus advisor to send me a letter to confirm my telephone conversation with him! Today a letter arrived there was no mention of speaking to me nor mentioned about requesting for a private room all the letter says! 'We have attempted to contact you by telephone but was unable to reach you. We have therefore arranged an appointment for you on such a date etc, etc. I couldn't believe what I was reading' Good job I wrote a letter confirming my telephone conversation with him on the 24th June and mentioned everything we spoke about, I've kept a copy of course and sent the letter to him! I need to write a letter to him about the letter I've received today not mentioning anything of our telephone conversations, my brain has gone pickled at the moment and I want to be careful how I write the letter! He has lied and also not stating the fact of out conversations has anyone come across this sort of problem with Ingeus it will be good to know about them a bit! Thanks helen
  21. I will try to keep this brief: We were in financial difficulty and so in July 2012 we gave the keys of our house back to the bank as voluntary repossession and left. We moved from England to Scotland and started afresh. Around xmas time my wives parents forwarded mail from the council to us which was a bill for council tax. I wrote on the bill that we had given the house back to the bank and they should pursue them, and sent it back to the council. Fast forward to October 2013 and we get a letter direct saying we hadn't paid the council tax and that fees had been added. I wrote back telling them exactly what I had written previously. It's been to and fro since then, with them acting like they are above the law. They haven't sent any bills marked Reminder of Final Notice to our address (or any address). They haven't sent any letters before action to our address. They haven't sent any letters giving us a date for the hearings. They haven't sent any letters regarding action after obtaining liability orders - which were apparently gained on the same day as the summons'. They haven't sent any liability orders to us - either a council construct or an original legal document. They even admitted failing to send them to me - they claim to have sent things to our previous address. They instructed bailiffs to contact us - even though we're now in Scotland and this is not allowed. I've complained and pulled them up on loads of stuff but they are trying to fob us off. I have also explained that we haven't paid anything because we simply don't have any money - we wouldn't have given our house up if we had money!!! It seems that because I'm standing up to them they are now saying that they are going to the magistrates and asking for a warrant of commitment and recommending we are sent to prison. This seems like they know they're in the wrong and are just trying to punish us for standing up to their bully boy tactics. I am going to put in an escalation to the complaint today and say that because none of the letters they say they sent were to our current address then the law says we haven't received them and as such they should set aside all summons/liability orders etc. I've seen it suggested somewhere that I can ask the magistrates to set aside the liability orders because of this. Any thoughts on this? How do I go about getting a magistrate to set aside liability orders?
  22. Hi Had a call from a balliff saying that I hadn't paid the amount. Original Amount was £295 Admin Fee £85 = £380 2 Payments made 27/11 £140 13/01 £150 (Error should of been £240) Upon checking my friend who I asked to pay had only paid £150 not £240 as requested when I advised this I was told that the charges for sending & attending stood, as he has gone to incorrect address is this right. I have today paid the balance outstanding through their automated system. So the original amount is clear. Where do I stand, I don't want to give them my new address, and the Balliff first said he would return to the property with a locksmith & gain entry, when I advised I didn't live at that address he said he would get a warrant for my arrest. I don't want to be arrested, if the amount is clear before he gets a warrant would it still stand, can he go to the old address and just force entry Surely if he goes back to court they have to have all the information up to date and when they check as I've cleared the original balance there is nothing to pay can anyone help as soon as possible.
  23. Hi everyone, I'm sorry if this is the wrong place to post but I think I read somewhere to first introduce yourself in the Welcome forum. I am also new to forums, so hope I'm doing this correctly after having spent some time reading various threads, FAQ and how to's. I read some information regarding the harrassment techniques used by MBNA which my OH and myself have also experienced. Of particular interest was the threads from past employees which then made us aware of how they treat their customers and that we were not alone. It is my OH's account where they did the low introductory offer, increased the credit limit at various stages without solicitation and then increased the monthly interest rate dramatically. He also had missing statements, which they do not bother to re-send, and there never is a yearly APR figure on any statement we have received. When I rang to find out how much of the balance is at the balance transfer rate and how much is at the cash rate, they could not tell me. Also, I asked them why they never told my OH when they increased the interest rates, as his other lenders had done and asked if he would like to freeze the rate if he did not accept the increase, provided no more transactions until the balance is zero. MBNA told me they were not obliged to do this when I rang them November 2010 and I told them that's why people run into trouble with their extortionate rates and by not receiving statements so that people can see what they are doing with their fees and interest rates! As I could see they were not really interested in helping with our new situation unlike other providers including our mortgage company which changed us to an interest-only mortgage, I told them I would be asking for the original terms and conditions as well as the CCA. He was not very happy about it as he was trying to get us to pay the arrears over 6 months, with no freezing or reducing of the interest rates or fees including for being over the credit limit, due to their charges and them accepting less than the minimum balance. I pointed out that the oustanding balance would still be increased over the 6 months, even though the arrears would be cleared. So how was this a help and he could not answer it. We sent a letter to them by registered post in early December based on a letter template I think my OH found on this site, asking for the CCA, pursuant to s77/78 of CCA 1974. We included the £1 fee and also checked with the post office it had indeed been delivered the next day and it had been. We were due to pay a reduced amount, as we could not pay all the arrears or the now much higher minumum amount, by 31.12.10. (We had also paid less than the minimum the previous month or so, based on their verbal agreement and them taking the amount as we paid them by debit card.) However, we read somewhere that if they did not send the original and true signed CCA, along with the original terms, within 12+2 days, then the account is automatically in dispute and they cannot issue any default notice. As it was the Christmas period, we gave them extra time to give us what we asked for. However, the same man who knew we were going to ask for the CCA emailed us to say we would be in default if we did not pay by 31 December. So my OH emailed him back to say he did not have permission to email him over such a personal and confidential issue and over his harrassment by ringing me constantly when he did not have permission to do that (and leaving silent messages). So we were going to complain to Ofcom and the Information Commissioner. My OH also wrote in the email, that as he had not received the CCA or a reply to his letter, then the account is in dispute and no default notices could be served. He asked the man to forward the email to their complaints and customer service departments, so that MBNA could send a reply regarding the CCA request and regarding our complaints of harrassment and confidentiality. We received a letter dated 6 January 2011 from MBNA's Rachel Nixon, Customer Advocate Office Manager saying they will respond to the complaint with 28 days. We still have not received a reply to the CCA request, so presumably they do not have it as the account was open in the nineties. Despite the fact the email told them they could not issue a default notice until we have the original signed CCA and Rachel has indirectly acknowledged the email complaint (although she calls it a letter), we received a "Default Notice Served under Section 87(1) of the CCA 1974" dated 10 January 2011. It said my OH had to pay all the arrears by 31.1.11 to remedy this breach. (The notice was received on 13.1.11 by ordinary post but due to all the stress of having to deal with MBNA & their telephone harrassments, we both have been too ill to deal with this earlier.) 1) Does anybody have any idea as to what we should do next as we still have not received the CCA or any reply about it? 2) Should we stand our ground and refuse to pay anything until we receive the CCA? (I saw some posts on another forum and on this too about a recent case (Carey?) where a county court judge said a a CCA could be reconstituted rather than be an original or signed one but I do not know if this is a real case or fake posters really working for the institutions, giving advice to put others off from pursuing their basic rights of there should be a signed contract to prove there is an enforceable agreement.) 3) Has a default already been written onto my OH's credit file based on the notice served mentioned above and can anything be done to correct it, saying the account is in dispute and so it should not have been served? 3b) Also surely they should have given us 28 days notice of their intention to issue a default, based on what I read here, and telling us how many months in arrears we are, even though they had accepted a lower amount over the last few month? 3c) Did that man's email to us on I think 31.12.10, to say we had to pay today or else the account is in default today count as their notice, even when he did not have permission to contact my OH by email and my OH replied as above? 4) Since they accepted the lower amount by telephone, then were we technically in default for those months? 5) Can someone post the link of where your SAR template letter is as we do need to know what MBNA have been doing all these years including getting past statements? 6) I read somewhere that you should not accept their records only go back 6 years? Is this correct? 7) Should we just give them £10 postal order for their SAR letter reply and all documents? ie, not accept their demand of £10 or whatever per document, which could be expensive, given the account started in the nineties? Thanks in advance for you help. Best wishes, DemandFairness Forgot to mention, they say if the arrears is not paid by 31.1.11, then they can demand the whole balance and will take court action but they will not issue any more statements. Is this correct for demanding the whole balance and also for not issuing any more statements, as surely people need to see how a debt is accruing with their interests and fees?
  24. I really need some advice please and not sure if I am posting on the correct sub forum January 2009 I left my husband and left with nothing, I lived with a friend for a few months who then kindly gave me a job. I then started looking for places to buy to start back on the property ladder but was not earning enough to buy a property on my own as such. my son kindly offered come onto a property with me as he was employed and had a very job at the time. Now I put the deposit down on the property, using the money from my divorce settlement and have made every single mortgage payment since. My son has never even lived at the property ever. He agreed to go onto to the mortgage purely so I could by a place of my own. in the past three years, my son became very ill and kept this from me as he did not want to worry me, (only found out in the last year). He lost his job due to his illness and used his credit card to keep him going and in this time he has got himself in debt. of course the issue has now come to light as he has not been able to pay his credit card. He is now registered as disabled and has not been able to work. He is now in receipt of ESA and the enhanced personal care component of PIP. So has very little money to live on. During all this time he has not managed to keep up with the minimum payment he agreed with Barclaycard and they have now sold his debt onto 1st Credit. He has now received a letter from them asking for full payment with a 20% reduction of £6416.00. If he does not pay the full amount then they said that they will get a CCJ and then a charging order for the property! I have tried to find out as much as I can regarding the charging order and the all I keep seeing is conflicting information. I have also paid off a lot of debt for him already which were secure loans to stop any potential charging orders. I am just not in a position of finding this money for this debt! I simply do not have it. Can anyone offer any advice on what I should do, good or bad, I just need to know for sure on what I should be doing. Many thanks in advance
  25. I was taken to a room for questioning, upon leaving a departmental store, for allegations of shoplifting. I had picked up several cosmetic tester samples from the stands, as often (for products apart from foundations), the staff do not give you free samples and it is difficult to get an accuracy of colour matching in lighting outside the store. I wish to emphasise that these were all tester products - they had been used already/ were not brand new. Some were also smaller than the standard product size. So it wouldn't be fair to equate them to the price of a brand new, full-size product, nor the theft of an actual product. Though, I do feel it was not the right course of action. Nevertheless, I was given an exclusion order from the store. When I was questioned, I was asked to put out all the Make-Up testers I had picked up, and I co-operated fully in returning these. Given they were for high-end brands, the total was estimated at around £200 (in any case, given they were opened, non-full size testers, this estimation is inaccurate in itself); I was told by the Store's Security Officers that this would affect the charge RLP would ask for. However, in the letter RLP wrote to me, they contradict the store staff - RLP are saying that due to all items being recovered, the £197 I owe is purely for the "substantial amount of time...in observing, apprehending, interviewing you..". I believe this is quite an extortionate amount in light of the circumstances, and the fact I was fully compliant. Moreover, when I was questioned by the Store staff, they asked for my University address (assuring no correspondence would be sent there), as well as home address. They may have confused University with University residence, but they did not make this clear. Eitherway, RLP addressed their charge letter to my University, who had to open it before redirecting it to me. This is infringing on my privacy, and I am now also concerned if this could affect my employability? I didn't receive any Police Order (it is a civil matter), but could future employers see this on an DBS (CRB) check or elsewhere? Does paying the fee clear my name from any databases? Should I dispute this case, or ask for a reduced settlement? Any advice would be much appreciated. This is really worrying me, and making it hard to focus on my work.
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