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  1. Hi Folks it's my first email post so be gentle with your comments please, The problem I have is that I signed up for a credit card a few years ago (2015) I was issued with a credit card and received my bills on line, my monthly bill was paid then in March 2017 I agreed to pay less than usual which took me up to June 2017 and after that I have never paid another penny, the current status is £2300 but when my life changed in March 2017 I did inform them of my situation and my limit went down to £2100 from the £2500. Now the main problem I have is that I applied over the phone for the card (so I was never asked for a wet ink signature. The digital signature contract has what states my account number 16 digits , on the paperwork I requested Regards a copy of full accounts, they have the account number as a 19 digit pan.number which is the same number they have as my account is entered in all credit reference agencies . As well as this they also have another account stating Requested Account Number which is a different number entirely and 16 digits long. What I would like to know is where do I legally stand with regards to the whole situation, this is only for 1 account and I have made the company Aware on various occasions
  2. Hi there, looking for some advice on how best to handle this situation. We bought a new house, but rented it for 3 months prior to completion. We did not live in the house until the completion date, so the gas and electricity meters were started that day, with OVO energy, which was the same meter readings given by the previous owners, when they left. Unbeknown to me, the previous owner had given Eon (her supplier) my name and they have been contacting me to pay just over £300. I have spoken to EON on the telephone, to put them in the picture and have returned emails, but they kept sending the demands. They have now sent it to Arvato, who have strangely said that the balance is £40 They obviously have no signed contract or anything from me, as they only know my name from the previous owner. What is the best course of action? Thanks in advance
  3. Hi - I know this has been advised on loads of times, so i'll keep this brief as possible. I have read and read the threads and have formulated my defence, I just wondered if someone would cast their eye over it and make sure it reads okay. Background: Name of the Claimant - Lowell Portfolio Date of issue – 7 February 2018 AOS on MCOL entered on 7 February 2018 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. Full POC 1.The Defendent entered into an agreement with BT Plc under account reference..... 2.The Defendant failed to maintain the required payments and the services were terminated. 3.The agreement was later assigned to the Claimant on 27.3.2017 and notice was given to the Defendant. Despite repeated requests for payment the sum of £349.54 remains due and outstanding. Claimant Claims: The said sum of 349.54 Interest pursuant to S69 County Court Act 1984 at the rate of 8% per annum from the date of assignment etc etc Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure What is the value of the claim? Total £458.75 Inc fees and costs (373.75 claimed) Is the claim for - BT Broadband Account When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? January 2014 account was closed (or I thought it was) What was the date of your last payment? 18 January 2014 for £301.88 which I thought settled the account. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No I requested details the day I received the claim form from Lowell under (mistakingly the CPR rules for Credit Agreements, I got back an email stating that they were not required to retain and provide me with a copy of the agreement, also default notices does not apply and are therefore not issued etc. I honestly cannot remember what happened with this account. I left my home with my children as my husband was in a black hole of addiction at the time, and I left without most of the paperwork. He has subsequently passed away so I can't ask him either. So this is my proposed defence The Defendant contends that the particulars of claim are vague and generic in nature. Paragraph 1 is accepted. I have, in the past, entered into a contract with BT PLC, which was in dispute and never resolved to my satisfaction. I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim in my letter to them of 7 February. The claimant responded on the 13 February, but refused to provide me with a copy of the agreement, stating he is not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received. Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974. The account was in dispute and never resolved by BT. Paragraph 3 is denied. The claimant never served a Notice of Assignment pursuant to the LoP Act 1925. However they did subsequently send me a copy on the 13 February 2018. Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show and evidence the nature of breach and termination. (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. As the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim, due to contraventions of Section 136 of the Law of Property Act. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief. Any comments or help greatly received
  4. Hi I put a claim to the Ombudsman for the return of fees for my Advantage Gold account after months of wrangling with the bank over its perceived mis-sale which the bank denied. However I received a letter from the Ombudsman who has advised that whilst they haven't looked at my case or paperwork yet the bank wants to make me an offer which constitutes of the return of my fees plus interest, less any benefit I received for the preferential loan and overdraft rates I received. Thats fine as it stands. However I want a lot more than that if redress is supposed to put me back in a position I would have been had I not paid those Service fees. If I do a running total on the account from the account start, the bank hypothetically owed me £85 in Service fees before they applied a lending charge of £25 to the account. If you remove that charge and add subsequent Service Fees, the next charge of £35 was again more than covered by what the bank is now prepared to return to me in Service Fees. When you continue in this vein all of my bank charges are wiped out and i believe should be returned to me with interest. In short we are talking about a reconstruction of the account. I hope this makes sense. Now I believe Lou Lou probably benefited from having a running total of Services charges which facilitated the return of her bank charges which her bank returned. However, this occurred without the intervention of the Ombudsman and my bank having previously kicked up a fuss will not want to pay me 20 x what they are offering. (Which would be the outcome) I believe the Ombudsman would be reluctant to do the same given that they have recommended that I take the offer as they believe it to be fair My questions are below: Has anybody benefited from this approach from an adjudication via the Ombudsman before when they got or sought redress? If this level of redress has been declined by the bank and or the Ombudsman, has it been tested in court and if so what were the outcomes? Other than Lou Lou on another site do we know of any other cases out there where the accounts were reconstructed and lending charges returned? The Ombudsman as not actually come up with an adjudication as yet and has asked that I wait for the bank to get back in contact with me. I am asking the above questions in anticipation of receiving contact from the bank and I just need to determine my next steps. Do we have any Advantage Gold/Ombudsman/redress specialists on this forum who can answer my questions? If so, please do! Thank you
  5. Hi Came across this recently. For those struggling to obtain a basic Bank account, there is another option supported by Payplan and a number of different organisations. This might be particularly useful for people who have been homeless or are still homeless and need to have an account for any benefits money to be paid into. https://www.thechangeaccount.com/community/
  6. So here's a brief rundown of my situation. I have a large loan with RBS, and was paying it off fine until about 8 months ago when I got into serious financial difficulty. RBS helped for a short time reducing my payments to just £1 per month for three months but of course still adding interest at £200 per month...which by the way they said they would not do but that's another story. My circumstances didn't improve and I have spent the last 5 months trying to reach an agreement with them. Eventually they agreed to accept a token payment of £1 per month and stop all interest and charges. However they also said in order to do that they would make my accounts "non-operational" and that I should return my debit card and see other banking facilities elsewhere. Fair enough but of course I need at least a basic account for money to go in and out of. I looked at Nationwide as their basic account seems to do everything I need however it seems that it is only available to bankrupts and/or people who do not already have another UK account. This leaves me with a problem because "technically" I no longer have a functioning UK account but it still "exists" if you see what I mean? I can't proceed with the online application if I answer yes to the question "do you have another UK account". If I answer no..would I be lying? I can't apply for the normal account because my credit rating is as low as it can possibly be right now so not only would it be an extra search on my file but I would be refused. Maybe I should just answer "no" to that question about other accounts. Just wanted to see what others experiences are.
  7. Hello, Sorry if this is long winded, I will try to be as brief as I can. I am having issues with Halifax regarding an Ultimate Reward current account that I had. In January 2014 I moved to another country to live, work & travel. I kept the account open as I may have needed to use it, and I did not know how long I would be away. Also initially I did have some money left in it. I didn't inform the bank as I knew I would have no fixed address due to always being on the move. I know I should have informed them now. The account at some point went over it's £100 arranged overdraft limit by £1, charges were added which went up to over £200. By the time I returned 6/7 months later the account had missed payments and had been defaulted. The bank have recently said that the account was closed 3 days after it was defaulted. I arrived back 3 days after this. I do not think I was aware it had been closed, I believe I used it when I returned and even gave the details to my new employer. I remember being able to see the account online, with the amount over £200 still owed. The day I expected to be paid I logged in and the account was no longer visible. I called them up and it had been closed. I asked what happened to my money and they said they could transfer it and I would need to open a new account. I did this and gave the details of the new account with them, they said it would be transferred ASAP. 2 weeks passed and I had still not received the money, I called and complained. I was told by recoveries or collections (can't remember) that it had been processed incorrectly and sent to different account details, this was their fault not mine. At some point I was given £50 compo into my account for this. Several days later the wages were transferred minus the outstanding overdraft, looking back it was transferred twice from different sources. Fast forward to present day. I have been looking at my credit reports and decided to enquire about the default/closed account. I called, and was passed around departments before being passed to recoveries/collections. The guy totally ignored my enquiries into what actually caused the account to be overdrawn and the subsequent default. He did bring up a double payment into the account and said I now had an outstanding balance of over £2k. I asked him to substantiate this, he just said it was owed. I said the account was closed in 2014, how can it now have a balance? Why have I received not notification or communication of this? He said I owed it and ended the call, he gave no information. Not even a demand or request for me to pay. When quizzed he said it would not appear on my credit reports but would always be outstanding with Halifax. A few days later I was called by someone from Customer Services for Lloyds banking group, we discussed the situation and she said she would remove the Default. Made no real explanation into why. She gave me £50 compo which I, perhaps foolishly accepted. 3 hours later she called back, she said she made a mistake and there was over 2k remaining balance on the account, she said she would still remove the default and could I pay the balance back. For her mistake she offered another £50, again I accepted. During these calls she was incredibly helpful and obliging, in hindsight maybe overly helpful. Later that day I made a payment of 1/3 of the balance. Perhaps this was a foolish move. The next day the default was off!!! Now the missed payments, the original c.£200 overdraft outstanding, and the account itself all showed up from Dec 17 to October 17. I now have loads of recent, red adverse marks on all 3 credit reports, the account is now showing as active and has moved to my open accounts section. 1 report now also lists a solitary missed payment and arrangement to pay over a 4 month period in 2015 when the account was well and truly closed. There are also warnings on both Experian and Equifax saying 0 months since last serious payment problem. This has had a very negative affect on my credit scores (I know the score is not important) and the overall condition of my reports are all now messed up by issues on this account. I tried for days to get intouch with the agent, she had given me her extension number. Eventually she called me back, I was now recording my calls. Her tone was totally different, she was quite rude, abrasive and had started accusing me of being deceitful. She said that I was mistaken about our agreement, she said the default would be coming off only once I had paid the outstanding balance in full (It's still currently off). At one point she said "can you give the phone to someone else so I can explain it to them, as you are not getting it". This was because I said the original default can't be used to force me to repay money that they transferred by mistake twice. She threatened to replace the default and if I didn't like it I should complain to the FOS. She informed me that the markers were correct and showed the account before it defaulted in 2014. They would come off once I had paid the remaining balance. I tried to explain they were now for 2017, she didn't listen. At a point that I was totally calm she said I needed to calm down. She became irate and then said I had really upset her. She also asked why I was addressing her as if she was responsible. She actually said in previous calls that she was in a senior department, could make any and all decisions and would be my single point of contact. I explained that I was addressing her as a representative of her company, not an individual. After the rollercoaster call I was honestly shocked to the point of laughter. I emailed her screenshots of credit reports relating to the new markers in 2017. I received a call today from the same agent, much calmer this time. She had looked at the screenshots, claimed they were correct and I was mistaken. They are apparently for 2014 and will be removed once I have paid. My main concerns and enquiries are as follows: -I was £1 overdrawn, hit with numerous charges, then defaulted and account closed. The £1 itself may actually be due to a charge or fee for using abroad. Is this fair/allowed? -They closed my account, I believe without notification and allowed me to use it before they did but after the default date. Did they allow this just so I would settle the c.£200 overdraft of charges? -They made a mistake and transferred the money to either someone else or a non-existent account. -Then they credited me twice. Never have informed me or notified me. To be fair i didn't notice or notify them at the time, I had various amounts going in from various sources that month and it was nearing payday again. -Agreed to remove and have removed default. -Effectively opened a closed account with CRA's, reported recent missed payments/arreas and have listed the account as active. -Are Demanding payment/refund for their mistake immediately or will continue to list recent adverse markers. -Threatened to replace old default at any time. I have requested my old statements and will likely send a SAR in the next few days to see what the charges are. I want this dealt with but feel they may just replace or add a default. In the meantime my credit reports have all been adversely. I feel Halifax have made many mistakes and are acting unfairly. Can anyone advise on how I should proceed? Thanks so much, I know this is a very long post but needed to explain in its entirety.
  8. Sent my appeal off with some brief details of why i was appealing , Had a Letter from DWP confirming that they received my appeal, and about how much ESA i will get until it's heard, But so far over 1mth since requesting the full written statement of the Atos wca Form IB /ESA85, But so far i have not been sent it, The person that i recently spoke with from DWP ,Confirmed that they could see that i had previously requested it, but could not understand why i had not yet received it, What can be done to force them to supply this info,(assuming it actually exists) ?
  9. Hi, I have read through a number of posts but only managed to confuse myself more, so thought i'd better just post. I have an old HSBC Current Account that I think was sold on in around 2000/2001 (memory a little hazy) to a DCA (but I cannot remember which one) and I paid them £1 a month. Around 2013 Cabot bought the debt and I continued to pay £1 a month. This was a joint account which they refused to acknowledge, said it was only in my name and they had no record of my partner on the debt - great! So fast forward to today. I stopped paying them in July this year, completely forgot as was paying by postal order - my own fault, and have since received the following letters: 05/10/2017 "Welcome to Cabot Credit Management Group that own your HSBC Bank Current Account. We have recently confirmed you are living at the above address and need to make you aware that we are now responsible for helping you manage your account and receiving future payments" Then a bit about contacting them etc. 22/10/2017 "We have recently confirmed that you are living at the above address. We do this through a variety of checks, so we're confident we have the correct address for you. We need to talk to you to arrange a repayment plan on your account; we can help you find an affordable solution. 06/11/2017 A bit about understanding how it's difficult to clear debt, we want to help etc then "We own your account and are prepared to reduce the balance in order to help you become free of this debt sooner. If you would like to take up this offer call us" I have a couple of questions: I have looked at other forum messages advising sending a CCA but I don't think this would apply to me as its a current account - is that correct? What would be the route for me to follow if I can't go down the CCA road? I've seen some info on pre 2007 agreements - does this have any bearing on my case? Can Cabot put the debt back on my credit file as a default, as i've stopped paying, even though its over 6 years old? I'm sorry for the long post and thank you very much for reading
  10. We had a car on a 4 year lease with Lex which ended in March this year. Late last year I got 3 or 4 private parking notices in London - Parking Eye and suchlike. Lex say that if you don't pay fine then they will pay any reminder on your behalf as they have liability as the registered owner. When I got the first notice I wrote to Lex saying I did not authorise them to pay any fines on my behalf, but they could provide my details to the parking companies which then moves the liability onto the driver. Lex did this initially but paid 3 fines on my behalf, which I disputed. My credit rating has now gone through the floor because they added the fines to my account which now shows that I have missed 3 months payments on parking charges of £450 odd quid. Does anyone know if they can do this as the parking charges don't form part of the credit that I was given? cheers
  11. Last July my car insurance renewed, I was on holiday at the time and just let it go through. When I got back at the end of July, I had a letter saying that they hadn't been able to take payment and that I had to pay by the 4th August. Now at this point I didn't have enough cash in my account (being the end of the month) I thought I'd leave it until after pay day as that would be in time. With the date in the letter fixed in my mind I rang up early (~9am) on the 4th to pay the money owed. They told me that they had just cancelled the account half an hour earlier. The letter had said 00:00 on the 4th which I feel is both ambiguous and misleading. I asked if they could just reactivate the policy and I would be perfectly happy to pay the full amount owed. They refused. They said I owed them ~£11 for the 22 days insurance (including the 4th) plus a ~£50 cancellation charge. I contested the charge saying it was disproportionate and offered to pay the £11. They refused. They passed it on to their debt collection team with an extra £25 charge. The debt collection people were weirdly much more reasonable and tried to get the charges removed for me, but this was denied. Now they have passed it on to a debt collection agency with an additional £20 fee. So now apparently I owe roughly 10 times the original amount. Do I need to worry about this debt collection agency or should I just ignore them? Are they likely to take it to court and how might the court view it? I have tried to be reasonable all along and was more than happy to pay for the policy in full or the policy in part (having been cancelled). The cancellation charge seems clearly unfair. Thanks
  12. Good morning all On 16.09.2017 i have received a claim form from county court business centre Issue date 13.09.2017 Particulars of claim The claimants claim is for the balance due under an agreement with Talk Talk Limited dated 25.03.2010 which was assigned to the claimant on the 26.03.2014 and notice of which was given to the defendant on the 26.03.2014 and which is now all due and payable. The defendant agreed to pay monthly installments under account number 100326xxxx but has failed to do so. And the claimant claims the sum of £423.54 The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £33.88. Amount claimed 457.42 Court fee 35 Legal representative costs 50 Total amount 542.42 On 18.09.2017 i receive the following letter from Moriarty law: Date 15.09.2017 Dear Mrxxxxx Re: JC International Acquisitions LLC vs Mr. A xxxxx in the Northampton County Court Following our earlier letters regarding the above outstanding balance we have now issued proceedings in the County Court at Northampton to effect repayment of this debt. You will shortly receive a County Court Claim from Northampton County Court along with an information pack containing details on how to respond. It is still not too late to amicable resolve this matter and therefore please call our offices within 14 days. Alternative you may write to us at the above address or email within 14 days. Based on the particulars of the claim should i defend? Looking at the dates is this a statue barred debt? Should have they sent me the letter before the claim form and not after? What is the best way to go forward? I haven't yet acknowledged the claim on the website Many thanks Andrew
  13. Advice please Lowell had been chasing me for a Lloyds Credit card Debt. back in May I requested a CCA from Lowell, and eventual received a letter in September from Lowell's saying that the CCA was no longer available due to length of the time since the account was opened and that they were closing the account. Now they are defaulting on my credit file can they do this. ( I still have the letter from Lowell) I have put in a dispute with the credit file asking for it to be amended but they say Lowell are saying they have received no payments and the entry on my credit file can not be amended.
  14. A description of the issue : Barclays bank agreed to make an international transfer GBP 65,000 from my current account to an overseas property developer . ( my wife and I were buying a small flat and had already paid a deposit on it). Barclays did that in the branch and gave me the proof of transfer. Next morning I checked on line and found that the transfer had not gone through. Instead the balance of my current account from the previous day ( GBP 69,000 ) had been taken out with a description “TO RECONCILE” and so my balance was now zero.
  15. Hi, Very new to this forum although I have read many a post... I was unfortunate enough to receive a claim form from Restons Solicitors for and alleged debt owed to Capquest for a shop direct account. After reading many a good post I acknowledged the claim on the MCOL site with defend all.. CCA request sent to Capquest via signed for service, its been received but to date no response. CPR 31.14 sent to Restons on 05/12/2016 again via signed for service, received on the 6th December 2016 and signed for. Today I have received a response from Restons and it reads as follows. Dear Madam, RE: Capquest investments Limited v. Yourself Account Number: xxxxxxx Original Creditor and Product type: Shop Direct - Isme Mail order Please find enclosed a draft letter which purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to it. Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.. Yours faithfully Miss N Didsbury, Case Manager Is this a standard response from Restons for receiving unsigned CPR requests... Should I respond back? or ignore Thanks in advance ClaraCluck
  16. At the beginning of this year i was shocked to see 2 companies that i didn't recognise taking money out of my TSB bank account via my debit card. Add's up to approx £15k i was oversea's at the time i called and informed that these were not my charges [ one charge after the other]. They would tell me the correct person was not there or that i had to speak with someone in fraud department but could not have the number. They had to call me. I waited and got no calls. I was shocked that despite informing the bank of these fraudulent charges that new charges from same company kept being debited. When i finally got a chance to talk with fraud dept i was told they would not put these charges back and that i had to call the companies directly. The companies have been no help to assist me. What kind of step should i take next?
  17. Hello, I just wondered if anyone has any advise. I will try keep this brief 1. I own a bedsit flat (inherited from mothers estate) and my brother is named as a life renter. 2. Brother had accident 3 years ago and is now brain damaged (I am his only relative) 3. Brother needs 24 hour care so cannot live in the flat 4. I rent out the flat through an agency and use the proceeds to pay for care to help him. 5. Flat was vacant for a 3 month period last year 6. I receive a debt collector letter (in my name) to my home address for the gas/elec costs of £94 7. I immediately contact SSE directly and they advise my name was given by the letting agent, they contacted them for meter readings and resent a revised bill for £55. 8. I pay immediately and ask them to set up a direct debit going forward so this situation doesn't happen again. 9. I check my credit report and they have registered a £94 default in my name which is stated as partially satisfied. 10. I called them to advise I paid in full and they updated their records to state default is satisfied £94. 11. the amount owed was never £94 it should be £55. 12. I googled legal owner of a property which says a life renter is the legal owner but its me that has suffered this. 13. I complained to SSE who responded 10 weeks later to say they will not remove nor alter the default figures. 14. I complain to Energy ombudsman who says that they have requested SSE apologise for the delay in responding to my complaint and they have asked them to update the default balance to say £55 and not £94. does anyone know what i can do with this? I only just managed to repair my credit file and now i have this
  18. Hello, and thanks for reading this. I am in a strange situation of trying to open a bank account, even a basic one. At the moment I use a credit union and it works brilliantly. Unfortunately, they are restricted to a maximum of £20K. In a few months , I am due an inheritance and I need somewhere to put it. Both the Co-op and Barclays have refused, despite saying yes at first, and sending account details. Today they have rescinded their offer. Now there are some defaults on my credit file. Two are current from Anglia Water, which have a note of dispute about them. The others are old, roughly 6 years and due to drop off the file next year. There is no fraud alerts, no CCJ's, everything else is clean. In the past 4 years I have 3 loans from my credit union and have never missed one payment on them. In fact I have a sizeable nest egg that I have saved up. None of this was taken into account, only that I have defaults, and that they must be accurate because the creditor says so, and we all know they don't make mistakes. do I challenge the defaults via the Information Commissioners Office. Cabot tried to sue me over a 5 year old credit card which I fought them off with help from this site. They have gone quiet, but I am wondering if it is worth suing them for filing an inaccurate and unproveable credit report. The Co-op bank may offer me an account if I write and explain things. I did that with Barclays, but to no avail. They treated me very shabbily with broken appointments, not informing me of refusing the account after they sent the details. The alternative is a simple savings account to deposit this inheritance into. I use the credit union for my everyday banking. The account must accept cheques in $dollars, as it is from an American friend who has died and left me some money. Any help will be greatly appreciated and I will return the favour for others who may be having trouble with debt collectors and banks.
  19. Hello, I was recommended to post on this site and time is also not on my side! I appreciate any input and advice, thank you a) I went insolvent in September - since the date, I went to the HSBC branch with my wife to remove my name from the joint account and sign over responsibility to my wife as a sole account holder (including overdraft £900 and joint consolidation loan £326p/m on 18k). She did IE sheets and was telephoned across, approved, and we signed. The joint loan was part of my bankruptcy I understood it that my wife would take responsibility of that, hence going to branch and doing this. b) Since then, she was issued a final demand notice out of the blue, claiming default on arrears (there are no arrears, never have been) and 18 days to settle balance in full (£18k). No mention of any BR, just a final demand which is inaccurate in it's detail for the reasoning - and as it transpires, resolving it. c) 3 days of calls, and about 5 hours of speaking and on hold between departments because nobody seemed to know what was going on, we were told by the Financial Guidance Team to do nothing, let it ride out as they needed to charge off the account because of my bankruptcy - they'd even refund the latest payment which was automatically made after this demand letter. But doing this, of course would result in a default marker for my wife. and the recovery department would be in touch to collect the debt. Not knowing who to believe, I was passed to the 'insolvency team' who told us that my wife must get back in touch with the Financial Guidance Team, do a I/E and set up a repayment agreement BEFORE the 18 days. Needing clarity, and being frustrated at being told different things between departments (as well as being emotionally crushed, not to mention the psychological damage of listening to that HSBC hold music), we went to branch to have someone work with us to resolve. She made a call to the department on the final demand letter, who also said - get in touch with the Financial Guidance Team to do an I/E and set up a payment plan, if she does that then the default will not be passed to the CRAs. She put us in a room to make a call to the Financial Guidance Team, but then the whole fiasco started again... d) The Financial Guidance Team are adamant that they will not allow a payment plan. One guy we dealt with even went through a I/E with my wife but then came back after speaking to his manager, sorry, actually, that this isn't possible. I have spoken to the Manager who also insisted that it simply is not possible to set up a plan because of my bankruptcy, the account needs to be charged off. Period. I have argued that this goes against the terms of the loan in that she has not had the opportunity (actually denied!) to resolve this and she is being forced into default unfairly. The original contract has a clause about calling in the loan if bankruptcy happens to any party, but there is a line also that states that such action won't happen without notice and an opportunity to resolve, which is what I believe is being blatantly breached here. The manager raised a complaint for me - I have the reference number and intend to follow this up with my version not knowing what the complaint that he has raised references. Even after I spoke to the manager (who I suspected had either got this very wrong or has is own agenda), I asked to get put through again to the insolvency team again, who again stated the same - 'speak to the Financial Guidance Team' and get it sorted before the 18-days! Stalemate. My final call with the Financial Guidance Team yesterday, I spoke to a very nice woman who looked into everything and took it upon herself to speak between departments, not me, and get back to me. Her news: anyone who has told me that you could set up a payment plan is incorrect and has probably not understood that the final demand was generated because of my insolvency (even though the final demand says nothing of the sort - it even gives a reason it has been sent which is due to previous notice of arrears [not true]).. . the insolvency team I was repeatedly passed to was the 'wrong one' based in India, not in Birmingham... and apologies for the mix up but 100% we cannot set up a payment plan, the account needs to be charged off and your wife will have to speak to the recoveries people after. e) So what now!!? For our efforts, we are totally unable to resolve this through a payment plan, it's 18K or default. I have a complain reference number. They say that expect about 4 weeks for a reply to the complaint but maybe up to 8. I understand that I cannot do anything with the Financial Ombudsman until I have a reply (or 8 weeks). To recap - my issue is that my wife is being forced unfairly into default with every effort and the ability to repay with amounts of the original agreement. a black mark on her credit reference with a default. Plus, we have no idea even if there is no escape from this situation, what demands will be placed by the recovery department (i.e. currently the loan is 60 months at £326 p/m). But then, if my wife has a black mark anyway, what options are there for her to make a reduced offer or anything of that nature? We're in territory that we didn't expect and don't really understand. Perhaps naively, we expected the burden of the joint loan to simply fall on my wife, not being called in with a £18k demand. I'm also unsure what to do in the interim - if I'm raising a complaint, do we get any period of grace here - do we commit to whatever collections dept gets in touch after, or hold them off? Any help is very very very appreciated - our 18 days is up on 3rd Nov, and we've wasted a week speaking to them on the phone and getting absolutely nowhere! Thank you
  20. Hello, I'd be very grateful for any advice on how I resolve the following: - I noticed a card payment for 143.66 to Lending Stream going through my account. Realised it was fraudulent and got my card stopped etc - later that day I checked my account more thoroughly and saw that another exact same debit had gone out the month before, but I'd not noticed it - I called lending stream who confirmed they have no account in my name, or at my address and agrees the charges were fraudulent - I have now called multiple times and emailed many more but I've had no further response from them. Where do I go from here? I'd be grateful for any advice. I'm more annoyed that they feel they can just ignore the fact they've allowed two fraudulent charges against my card. Thank you
  21. I wrote to Amex asking them to review my account for PPI on Amex blue card. I do not have any information or account details. Amex wrote back and said they cannot find any details, and unless I can confirm the card number, they will not review this further. The card was held in around 1997-99 I think. Is there anything I can do?
  22. My bank has just sent me an email with upcoming changes to my (and your account) which causes me great concern and wonder if other people have had the same. Basically it says: there will be no payments in/out of my account over the weekend. What really concerns me is they warn of a new financial system where TPP (third party providors) will offer to manage my bank account, they could ask for (that means WILL ask for) my banking login and password details. Of course the bank says, if I do this then it's nothing to do with them if my bank account goes to zero. I would think that new service will trigger a zillion crooks into action - beware! The email says this scheme is forced upon them by the EU (I thought we opted OUT!!) and it gets worse... Changes to Payment Regulations Thanks EU
  23. Hi, I had an account with Nationwide about 4 months ago, at the time I had an issue with a company taking funds without permission I contacted the bank which in turn refunded the two payments back to my account. A short while went by I thought this was the end of the issue with the company in question. I ended up closing my account to move to another bank which were offering a good switch to us deal therefore I did. Move forward to now, I've received a letter from Nationwide asking me to pay back funds of £500 as the company which I had the dispute with provided evidence to indicate the transactions were of my own, therefore they've requested me to pay back the funds into an account of which they've provided on the letter, this letter has come from the 'Payment Processing Controls'. I've tried telling Nationwide I did not give the company permission to take funds, the evidence the company provided were that of my details that were provided to them when I created an account with them, I told Nationwide I had an account with them however I still did not give them permission to take money from my card, they've simply told me I would have to take this up with the company now as there's nothing else they can do. I don't have the funds at the moment to be pay the money back they're asking for, I firmly still believe I do not owe this money back. I've checked my Credit Report which also shows the account as closed and satisfied. I did speak to the Visa Disputes Team who told me there's nothing they could do to get the funds back as the account is closed, the member of staff words being "we don't have a leg to stand on". However someone somewhere within the bank is clearly trying to retrieve this money. Where do I stand? Can Nationwide legally chase me for this money?
  24. Hi, I have a friend (no really) who has debt problems which are being added to I believe by the charges levied on her account. She had a basic account with no overdraft facility although she did keep going overdrawn and hence accrued charges, these have snowballed as happens and resulted in the account being closed. The thing is she is on benefits which the bank are obviously aware of and as soon as the benefits are credited they have been swallowed by charges adding to the debt problems she has. I have tried finding posts on here but dont seem to be finding what I need so can anyone point me in the direction of reclaiming charges under hardship rules if this is possible. would it be prudent to send an SAR or is this likely to be a dead duck ? I am in the process of collecting all the info that I can. Cheers
  25. hello all I wonder if anyone can help me. I took out a loan with Blackhorse in 2002 and it had PPI on it. I was in fulltime employment and had no need for PPi, but was told it was needed. with this being the first loan I had ever taken out, I didn't know any better. I tried to make a mis-sold PPi claim. problem is, I don't have any paperwork with account details. my own bank - HSBC - tell me they cannot go back to 2004 when I finished paying for the loan to help me get the account details. Black horse cannot find me on their system, and therefore reject my claim. I approached FOS who came back to say that Blackhorse had sent screen shots of their attempts to find me on their system, and they were satisfied Blackhorse had done all they could. My question to the more experienced folk on here is: is there any more I can do to make a claim, or do I just accept defeat hear. BTW: the loan was £6k repaid over 18 months. so I'm not even sure how much PPi I paid and if it would be worth chasing. thanks in advance for any help
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