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Aplogies as an absolute newbie here, however I was asked to create a new thread. There is another recent thread (I can't post links, maybe someone else could as seems daft to recreate a whole heap of stuff). I am in the identical situation at the same location I have just received an identical letter from UKCPS, all details completely as the above mentioned thread (same paperwork). My wife was driving my car that day, obviously she didn't spot any signage etc. 28 minutes over a 4hr limit..... Disgusted that companies can request such 'fees', she is disabled (was parked in disabled bay, with badge on show) which has left me even more disgraced at these cowboys operate, with no extra time for disabled people.... Question is approach them & ask for 'understanding'? Dismiss? etc etc -
Hi everyone, I am about to make a claim against the above. I have received claim doc from BoS to fill and return within 14days. Does anyone have any experience of filling the form or claiming against them, so I do not make an error. They have sent me questionnaires for loans and credit cards Also, I have previously claimed bank charges from welcome finance and capital one some years ago. I have lost all the paperwork. Can I still claim PPI against them, and does anyone have their address or know how to make the claim. All advice is highly appreciated.many thanks -
Hi, first post here, please forgive me for it might be a long one - I've summarised at the end if you want to skip to the questions. I recently won a small claims case against a car dealer a few weeks back, however, I feel that they have no intention of paying and I have a number of questions. The judge gave a deadline for payment of next week but no paperwork has been received yet. I tried calling the courts today but it was late in the day and nobody answered, I'll try again tomorrow, hopefully they're not shut due to the weather. With that in mind, if the payment deadline day comes and goes, I'll ask for the judgement to be enforced. The problem here is that the dealer could say that they have not received the paperwork (despite being given the deadline on the hearing day) and ask for it to be set aside. I understand that time is of the essence in legal matters so I'm unsure whether I should wait for the paper work to come through? Then I'll ensure I forward it on to the various addresses I have as this'll give me evidence that the dealer has received it. Or should I apply for the judgement to be enforced regardless and get the HCEO on the case? I ask this because I know they have no intention of paying and I foresee that they plan to mess me around and I want to try to stay ahead of the game. Even then the above timing issue is resolved I think I'll have to get a HCEO on the case but I have a feeling the dealer has been through this process before so will undoubtedly make it such that there is nothing for them to take. So, my next question is regarding the best possible route to getting my money back. I'm aware that there are a number of possible options: 1)HCEO (Shall be the first port of call) 2)Freeze bank assets (unclear on this one as I see them swindling out of this by changing accounts, using joint accounts etc) 3)Order for information (I think he'll lie, and the same goes for attachment of earnings) 4)Charging order - this is the one I quite like the sound of, however, I'm unclear about what happens when this is applied in the case of a car that has to go back to the dealer. Should the person not sell their house for the next X years, what happens to the car? Will it just need to sit around? I can't imagine there is any other option and this is what I'd like advice on please. To summarise: 1) Should I wait for the court paperwork to come through before enforcing the judgement? 2) Is a charging order on property suitable when there is a two way transaction required - if the property isn't sold the car will have to sit around. Many thanks.
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I work for a company that employs more than 1000 Trade plate drivers; we travel all over the UK delivering and collecting vehicles for many different customers. Many of the places we go to are quite remote, airfields and large compounds etc, there is not usually public transport to many of these places. The only way we can complete our work is to work with other drivers, sometimes this is arranged by the company and sometimes we arrange this between ourselves. When there is public transport it can often take a long time to travel between jobs, and quite expensive. Therefore, working with other drivers is normal. I received the notice from Metropolitan police was about seven weeks after the incident asking me to identify the driver of the car at the incident time. On average we will complete about three jobs a day, on that basis I would have driven about one hundred vehicles in average of three to four cars a day. How many drivers I would have worked with is not possible to work out. Under those circumstances I do not know anyone who could remember the details of a specific car or who they were working with at a specific time of the day seven weeks previously. The company do not keep records of who works with who at any time, the only thing they are interested in is that all of the assigned work is completed on time. I have asked many drivers if they can remember working with me on that day, none can. I have looked at any written notes I keep; this has not helped. I have checked my mobile phone to see who I spoke to around that day, nothing I have done has enabled me to identify who would have been driving at the time of the alleged incident. Also the photographs sent to me earlier by the Police wasn’t clear enough to identify who was driving the vehicle at incident time. I understand that the Police will ask for any information that will lead to the identity of whoever was driving, and in most cases it can be provided. I have however read what the law says in this situation. It clearly says that a driver/keeper cannot be guilty of failing to identify who was driving if they did not know with reasonable diligence. It seems common sense to me that the law was written that way because of exactly this kind of situation. The law also says I am not required to keep records. I accept that this is a very unsatisfactory situation, I remain willing to do anything I can to identify the driver concerned but I cannot see what else I can do. Metropolitan Police write to me again saying that I have a legal responsibility to identify the , further action in this matter has been suspended for 14 days. I do not know what I have to do with this, Thanks -
Retailers have rights too! New small traders' returns guide 22nd February 2018 Retailers have rights too! ParcelHero introduces new small traders' returns guide. At least 200 specialist online stores don't expect to survive the massive growth in returns this year. As UK consumers learn to make the most of new return regulations, ParcelHero has introduced a new guide for sellers, spelling out what their own rights are. A recent survey by leading courier price comparison site ParcelHero revealed at least 200 e-commerce businesses don't expect to survive the massive growth in returns this year. Returns reached 47% of all ParcelHero shipments in the first days of the New Year and traders say that they were often pressured into paying the cost of returns even for unwanted items - or risk losing their all-important 5-star ratings. https://caithness-business.co.uk/article/8110 ........... is it just me or is this a wee bit iffy... buy our insurance and we'll protect you...urmm..wonder whats mor expensive for the trader..refunding returns process or their insurance.... -
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) ? -
Hi, I recently commenced small claims court action against a builder who I contracted to do some work at my property summer 2016. Having telephoned him repeatedly about poor and unfinished work, I was finally able to get him to come out and visit me where he agreed he would complete the work by the end of the following week - as I had grown very suspicious of his intentions, in particular the ignored calls I recorded the final conversation on my mobile phone as voice memo without his knowledge as I could perhaps use it or a transcript as evidence should I need to make a legal claim. When he failed to return to site to finish the work, and continue to ignore my calls I sent mail correspondence, eventually seeking a second opinion from two other building firms (the view of both was was what he had done was crap and overpriced), obtained quotes and completing the pre-court action via recorded delivery which was also ignored. I filed the claim against his Limited company using MCOL, he filed a defence at the last minute, which was very poor and largely consisted of personal attacks/insults against myself than anything of substance. He has now missed the DQ deadline and been given a general sanctions order which he also appears to be ignoring. As such I expect to be-able to request judgement this week. I am now having doubts as to whether I should have initiated action against the Ltd company rather than him personally, my logic being: - I have subsequently read that enforcing a judgement against a Ltd company is difficult, he could dissolve the company, transfer what assets he has and move on. - My correspondence with him (quotes & invoices) didn't mention the Ltd company or show the registration number - The bank account that I made payments into, whilst a business current account, was in his name rather than the Ltd company the name. Should I therefore: - Discontinue the claim and re-issue it against him personally - Perhaps list both him and his Ltd company as defendants - Continue with the current claim and if unsuccessful try again with another claim against him personally? Any advice gratefully appreciated! Thanks Abe
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I have had several payday loans in the past some of which I shouldn't have been given. Can you tell me how to start a claim and what the process is? -
Hi I was hoping for some help and suggestions. I have had great difficulty on getting taylor wimpey sorting out issue with our kitchen that they have fitted. I have reported that there was a problem with the the kitchen cabinets which have started to swell about 3 months ago. They have acknowledged the issue and are dragging their feet. I have contacted NHBC who say that its between me and the builder if there is a problem within the first 2 years of the build. I have all the communation in writing they are hiding behind the clause that states that according to the contract I should allow them reasonable time. I have issued court proceedings to force them to comply and questioned the fairness of the term under the consumers rights act. I am yet to send out a full POC would appreciate your help in drafting one. I have tried to seek legal help and am more than willing to pay for the cost but seems like i am in this fight on my own. One of the lawyers i spoke to said they cannot take on my case when i asked why ? are they too big for you ? he said i cannot comment.
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Back in 2016 we commissioned a builder to undertake extensive renovation works in our house. He originally was a limited company but this company was dissolved in June 2016. He then started work for us as a partnership. His father has been involved with our job in that he came to our house a couple of times and the kitchen supplied was in the fathers name and address on the invoice. To cut a long story short, the building works went on far longer than they should and weren't completed until we sacked them. We asked for a partial refund and this was refused. In May 2017 We employed a solicitor stating our claim. The son said he did not owe us anything and was going to go bankrupt anyway. The father said he was never involved. We couldn't afford any more solicitors fees so we decided to lower our claim and decided to issue a CCJ to both father and son as joint defendants. The date of issue was the 24th November. Today was the deadline to "Acknowledge Service". The father has acknowledged service but the son hasn't. Now I don't know what to do. Can I request judgement against the son? Or do I have to wait another 14 days as I'm assuming the father is going to defend his part. The son isn't on the insolvency register yet so again I'm assuming he hasn't actually applied for bankruptcy. Many thanks oldpoyntz -
I am acting as Guarantor on a rented property for someone who is now in serious rent arrears, to the tune of almost £3k. If I pay this off, does anyone know if can I then make a claim (small claims court maybe?) against them in order to try and get the money back? If so, has anyone done it? How easy is it? What power does the court have to compel the tenant to pay me? Thanks, dK -
In September I received a Late Filing Penalty for 15/16 of £100 from HRMC, prior to this I had received no correspondence from them. I rang them up to explain I had received no prior correspondence from them at all. I was told the reason why I received the Late Filing Penalty for 15/16 of £100 was because I had under paid £190 tax in 15/16. I explained I was not self employed and normally procedure is for HRMC to deduct any underpaid tax from your wage automatically. I explained I was not self employed, but working for a company, so why was I fined £100 for not completing a self tax assessment form, because that's for people who are self employed and I was not. Having explained to the advisor I had received no prior correspondence to the £100 fine, I was told normal procedure is for HMRC to deduct under paid tax from your wage, but the computer system automatically sent the £100 late filing penalty charge because the underpaid tax had not been paid in time. Again I explained I received no prior correspondence from them, the advisor aologised, telling me to pay the £100 fine, she would then send a self assessment tax form for 15/16 out to me - I was to complete this and send it back and then I could appeal the £100 fine. I asked how much I had to pay, was told £190 underpaid tax, so I waited for the self assessment tax form for 15/16 to arrive. This arrived about 2-3 weeks later. A few days later, I received another letter from HRMC telling me I had not sent the self assessment (which had arrived and I was in process of completing) and now I had over £300 to pay. I quickly completed the self tax assessment form, sent it back recorded delivery and after xmas, I received a letter thanking me for sending back the self assessment form but I had to pay £520 because for sending it back late!! Now, how can I appeal 1. The £100 filing late charge 2. The £420 charge I only want to pay the £190 original under paid tax, which HRMC should have automatically deducted form my weekly wage in the first place and the HMRC advisor told me the HRMC computer system sent the late filing penalty automatically and it should not have been sent in the first place. Please need the more experienced guys help me appeal this asap Sent back the 15/16 self tax assessment form, -
My partner has a CCJ against her which we found out about when applying for a mortgage recently. The CCJ was created by Vehicle Control Services Ltd. PCN at St Andrews Retail Park because she alledgedly parked incorrectly or for too long. We still don't know which. She changed address a month after the parking occurred in November 2014. She didn't receive a ticket at the time (in fact we think she was in her shop at the time of the 'incident' and not even in the St Andrews retail Car Park), she hasn't had any communication about being taken to court and she hasn't had any notification of losing the case either. We think all correspondence must have gone to her old address. The 'offence' occurred on a Monday at 4.19pm. Her shop is a mile away and doesn't close until at least 6pm. BW legal must have sent the forms to her old address and not bothered to check if the address was still valid even when they took her to court in September 2016. I'd be grateful to hear how to remove this CCJ without paying the £255 to contest it. Surely a person can't be issued with a CCJ without any written information whatsoever? That can't be legal can it? There was no parking ticket issued either. -
Hi everyone, I need some advice on behalf of a friend. He started working as a self-employed DPD franchise driver last year. It means you get the title as self-employed but essentially you drive their van, you wear their uniform, they tell you what hours to work & theres little say on your part in this. During the course of his working day, he got into an accident. The insurance companies stated that they could find nobody to be at fault for the collision and any damages were paid for. I believe the other guy who was involved in the crash had quite a high excess and as such is looking to claim this back - by taking DPD to court. This is where things get complicated. The claimant wants to sue DPD to recover costs. As such, the case is being heard in the claimants local county court because DPD are a business. DPD have told my friend he is to travel some 300 miles to this court and represent himself. My friend has had nothing from any court come through summoning him to court. We believe DPD have all the paperwork. We think DPD is trying to make him go to court on behalf of them to deal with this claim. DPD do have solicitors working on this case - we have yet to establish if they will be present on the court date. My question is, if the case is against DPD the company, does my friend need to go? when essentially he was a self employed franchise worker and not an "actual worker". Has anyone got any advice for a situation like this? -
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This is a useful High Court judgment and one that should serve as a reminder to anyone considering litigation, that an error by an enforcement agent is not automatically trespass and most importantly, that any claims for loss/damages etc must be proved to arise directly from the agents misconduct -which very often will be difficult to prove. There is also the matter of the need to provide evidence to support any claims (something that was seriously lacking in this case). Background to claim: On 12th March 2015, a writ of control was issued against Mr Miller for £408,00. This related to a judgment from March 2010 for £330,000. I am assuming that the difference between both figures relates to interest on the debt. The Creditor passed the writ of control to a High Court enforcement company to enforce. Of significance, was that the address on the writ was ‘Sunnyview’. In 2014, Mr Miller had moved from that address to a rented property (called Yew Tree). On 26th March 2015, the enforcement agent visited an airfield*where Mr Miller had a business.The purpose of the visit had been to locate two small aircrafts (a Pitts and a De Havilland Chipmunk owned by Miller). The enforcement agent met with Mr Miller and took control of the vehicle that he had been driving (a Jeep), and one of the aircraft (the Pitt). The claimant made payment of £1,600 towards the judgment.Goods were not removed that day. Following the meeting, Mr Miller claimed that the enforcement agent went around the airfield ‘questioning everyone’before gaining peaceful entry into an airfield building where he looked for documents. He left, taking documents and keys to the aircrafts. The Enforcement Agent then went to an alternative address (xxxxx Mills) to make enquiries. Mr Miller had told the enforcement agent that this location was connected to his business. There he was allowed access to the property to search for the second plane; (the De Havilland Chipmunk). The plane was there, together with other aeronautical parts belonging to Mr Miller. A short while later, Mr Miller removed the plane to a friend’s barn in Cirencester. The following day, (27th March 2015) Mr Miller visited the High Court and made an application for a temporary 'stay’ of the writ. The stay was lifted 2 months later (on 27th May 2015) and re-imposed on 5th June 2015 (it was finally lifted on 24th July 2015 after he failed in an application to ‘set aside’ the judgment). Mr Miller's arrest and charge of ‘interfering with controlled goods. Despite a ‘stay’ being imposed, and despite his Jeep and one of the aircrafts being ‘taken into control’, Mr Miller removed the aircraft and aeronautical parts to various locations including his rented property (‘Yew Tree’). *He parked the PITTS on his driveway under a tarpaulin. The enforcement agent became aware that the seized items had been moved and accordingly, on 20th June 2015, he attended ‘Yew Tree’ . Nothing was removed on that day. Instead, the police were called and Mr Miller was arrested and charged with ‘inferring with controlled goods’. The court stay was finally lifted on 24th July 2015 and the following day, the enforcement agent removed goods. Further items were removed a couple of days later. According to Mr Miller, he had a number of hearings for the criminal charge, the final one being in January 2016 at Swindon Magistrates Court where he claimed that he had been acquitted. No details appeared to have been provided for the acquittal (more on this shortly). He claimed that the Magistrates Court had supposedly been satisfied that he had moved from ‘Sunnyview’ to ‘Yew Tree’ in April 2014. It would appear that he had been assisted in court by an internet sourced ‘Mc Kenzie Friend’. Removal of goods and sale. The goods were eventually removed by the enforcement agent at the end of July 2015 and sold at public auction for £34,000. The auction was advertised. (Continued in following post): -
Please help, I recently attend a county court for claim made against me by Mortimer/Cabot to be set aside. this is going to be a lengthy story but please bear with me . My story below; I obtained a vanquis credit credit in 2007. The limit was £1800, but I did not realise that they have increased my APR from 19.9% to 29.9% without any notification from them .i realised nearly a year they have done so and that was in 2009, I gave them a call immediately to find out why, but their response was they will investigate and get back to me but they never did. I called them on numerous occasions but I never get an answer why the APR was increased without any notification. I wrote them in 2010 after months of calling that I will stop paying them if they don't tell me why they increased my APR without any notification and that was exactly what I did. The last correspondence I had with Vanquis was in 2011. At this time the debt on my account was £1258 I moved out of that address in June 2014 to a new address. I found out in January 2016 on my credit file that the CCJ was set against in me in July 2015 for the total debt of £3909, I immediately file for a dispute and explained the reasons above and Noddle credit agency got back to me saying I should contact Cabot which I failed to do because I didn't want to have any conversation with them. I received a notice Attachment of Earnings from the county court in November 2016 which I provided and I did applied for the case to be set aside also. Judge dismissed this case and ask me to arrange a payment plan with Mortimer/Cabot. I thought the judge was very unfair, he did not listen to any of my reasons, despite that I have tenancy agreement that proof that I moved out of the old address and that I did not receive any letter prior to CCJ, he did not even look at my documents. He said I should have contacted the court in January 2016 when I found out on my credit file and that I should have contacted vanquis also of my changed address. Thank you for patience for taking your time to read this lengthy story. Please your advice on How do I moved forward from here. Thanks -
I've been asked by my Step Father to enquire about reclaiming Mis-sold PPI by the TSB on a loan he got back in the eighties. I've never had PPI myself so although I know it's a big thing now, I have no clue on the process of claiming. I know it is advised on this site to NOT use a PPI Claims Company because of the charges incurred. What I have been looking for is a Template Letter I could use to print off and maybe help him as best I can. Also, with the TSB now being Lloyds, can he still make a claim? If so, to whom? I also doubt he would know his old account number etc. Any help and advice would be greatly appreciated.
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I’ve started a small claim against a builder to recoup money paid in advance for work not done. I’ve sent two letters as per process and he disputed the claim, saying the money paid in advance was put towards cost overruns on other work he did for me. This was not agreed with me in advance. I’ve since hired another builder to complete the work not done. Now legal action has been launched he has decided not to dispute the claim. However, rather than acknowledge the claim he has contacted me directly to say he is selling his house and he is willing for me to have a charge on the property to the value of the claim (including costs) but he wants to do it out of court so he doesn’t have a CCJ against his name. I can’t see the property on the market via rIghtmove.co.uk. That doesn’t mean it’s not for sale though. He has told me that the mortgage company has a charge on the property but there is enough equity to pay the claim after the mortgage. He says he can’t afford to pay the claim outright and can’t get a loan. The claim is around £7.5K so I doubt he has movable assets that could be sold to that value which means, even if I did pursue the claim, the best I would probably get is a charge on the property. I want to settle this amicably as possible. I don’t think he’s a crook, he’s just disorganized, got out of his depth on a large job and let the budget get out of control. We had a good working relationship for two years before it fell apart on this job. So, questions: 1. Does this seem a reasonable proposal and how would I go about implementing this? 2. How can I check the value of any charge the mortgage company may have? 3. How much does it cost to put a charge on a property and how can I do it? 4. I assume I should seek some sort of written guarantee of his proposal? 5. I also assume I should apply some sort of time limit to selling the property at which point I would reinstated the claim if the house is not sold – maybe 3 months, or 6? 6. What should be done on MCOL? Should he acknowledge the claim saying he does not dispute the amount or would that result in a CCJ? Or should I just leave it dormant for three months then request a judgment it if the sale falls through? 7. Would it be safer to decline this proposal and proceed with the claim? -
Good morning everyone! I wonder if anyone could kindly give me someadvice for my next move: Barclaycard refused my wife PPI when she was hospitalised in 2011 saying she didn’t have a policy. In 2013 we found out she DID have PPI, so of course setabout claiming it back, and finding out why we weren’t given the opportunity toclaim. Barclaycard made it clear, that any payments would payoff the balance on the account (£8K) and that the account would be closed. During this time we negotiated a reduced monthly rate of paying the account, infact this was by continuous payment authority on a Debit Card, so the account was being paid. My wife was offered £11k initially, but we negotiated because of their many errors and got £15K. So they actually paid £7k to my wife after clearing the account. The PPI claim was ongoing from Dec 2012 to August 2013. in June 2013 without anyone being aware (even the PPI department), a different Barclaycard department sold the debt of £8k on the account to a DCA At the same time they put a default on my wife’s credit file? Then the DCA put a second default on my wife’s creditfile and Experian have told us it is impossible to have 2 defaults for the samedebt, but yet they are still there? We explained the situation to the DCA who refused to believe us, we told them the debt was cleared and the fault lay with Barclaycard. We explained this to Barclaycard who did the same and wouldn’t listen. We even had the final offer letter from Barclaycard that stated that the account would be Paid Off before we got the balance. And of course we have bank statements showing the Award minus Debt = balance going in to my wife’saccount. DCA (who have their own in house solicitors) have taken my wife to Court. We have counter claimed, only for a maximum £500 to keep down our costs. We figured we would deal with DCA then take Barclaycard to Court. But one of the questions I want to ask you guys on here is from what I have read, you can only claim for ACTUAL financial loss and not damages for reputation etc? Is that correct? And finally I am wondering if I can end this early: DCA (solicitors)have: 1. Failed to send in Allocation Questionnaire on time. 2. Failed to attend Court for Directions hearing when required to do so on May 5th 3. Failed to pay Court Fee ordered to be paid by June 4th 4. Failed to file Witness statements by June 9th. In the latter point (4) the Court office made a mistake in not informing them to file papers by the 9th June (they were told a later date), but if they had attended for directions on 5th the Judge gave me the paperwork to take away with me clearly stating filing date: Both the correct and incorrect paperwork did however both say they should pay hearing fee by the 4th June however. At the Directions hearing the judge said to me that “he would strike out the claim”, but that we need our counterclaim following through for costs, and more importantly to clear my wife’s credit file. He also stated that there was a danger that they would just claim again. Does anybody have any further comments to add or advice, because I think that for a DCA with their own solicitors they need teaching a lesson?
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Got a weird one here for you guys. In March i had a prang with a neighbour. I was driving out of our cul de sac and i stopped because the woman in the end house started to reverse. She carried on and i sounded the horn continuously, she stopped for a split second then carried on and hit my car. I notified the police as the woman's partner came out of the house and was very aggressive towards her and then myself. He later came to my door as we are neighbours offering me money for the damage but due to the car being leased from Motability i couldn't and my next door neighbour had to ask him to leave as i was getting very stressed and panicky. So the facts are :-- My neighbour damaged my car. Both myself and my wife were uninjured and the whole incident was witnessed by my next door neighbours. The woman driving the vehicle only had a provisional licence and was alone with a child in the car. The police are still investigating the matter. Today i got informed by my motability insurers that the other party claims that HE was driving and that I hit him and that because the two other witnesses apart from me and my wife are not independent because they live next door to me!! Even tho we ALL live in a small cul de sac with 9 homes. So my insurers are going to accept 50/50 liability!! I told them that in no way am i going to accept that and i was told that it didn't matter what i said, they will accept it because it is one word against another lmao. I have told them that it will affect my driving history and incur a financial punishment if i seek insurance after they accept. I have told that i will not allow any record of any liability to be entered against me on any records but they will not listen to me. I even told them that it was being investigated by the police and that by this guy saying he was driving, it was a serious offence but they said it was my word against his ............. where do i stand on this? I know it has no immediate effect on me but how on earth can they accept this? Like i could go up and bang into everybody's car in the cul de sac and say it was them and get away with it according to the way this bunch operate lmao. My argument apart from it being a total joke, is that RSA (my insurers) by accepting 50/50 liability are saying it was half my fault so he gets away with half liability and i get punished because if i seek insurance there will be a claim against me and i will be hit with more expensive premiums. What can i do?? -
Hi all I have received a claim form from Restons Solicitors on behalf of arrow global for a debt from 2003. Arrow say they purchased it in 2011 and I remember a claim form from them in 2012 with Bryan Carter. I'm pretty sure it's the same alleged debt but it was statute barred in 2012 it still is now. This debt is 14 years old. They've tried before it's no different now. I've asked them for the prove it and also made my defence of statue barred. I just wanted to know, can they keep filing claim forms with Northampton county court? or is this harassment because arrow has already been told once that it's statute barred. Thanks in advance
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Hi guys I was made bankrupt in October 2008 and was subsequently discharged 12 months later. In February I received a court claim from a personal debt that I forgot to include in the BO. I filed all the defence forms and the Judge ordered that I provide proof of my bankruptcy so they could consider the claim being struck out. I filed a copy of my credit report (showing date of BO and ref number), a letter from HMRC that was stating due to my BR my UTR was closed etc, a letter showing the release of interest from the OR in my property. I was unable to provide any more proof as none were still in my possession due to the time since the order. I have since received a N24 SO for settlement. The opening lines state that the Judge has stayed until a later date pending receipt of further information concerning the BO... I have a couple of questions if that is OK 1) What other proof can I file and where would I get such old docs from? 2) My BO was stated in the LG 3) The claimant reckons they knew nothing about the BR but it is my understanding that point 2 could make that a mute point (?) 4) The debt has been proved to have been incurred over 4 years PRIOR to my BO Any advice would be appreciated, Thanks
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Good morning everyone! My partner has had recent contact from this shower, who are acting on behalf of HSBC. A while ago, my partner opened a bank account with HSBC. He admits to running into an overdraft of £200, and, because he panicked, has ignored a number of letters from them trying to resolve it. He realised he couldn't ignore it any longer when a text message came to my landline for him, and I happened to pick this up, and asked him about it. he did telephone them, and spoke to the ethereal "Chris", who said that, if he coughed up instantly (there's no way he can), he would only have to pay £240, and not the £308 that they'd quoted (£108 being the "penalty" for not paying back the original £200). He has never denied that he owes the £200, but trying to set up an arrangement to pay in instalments is proving difficult. He telephoned "Chris" again about a week after the original call, and got his ansaphone, on which he left a message asking to be called back. That hasn't happened, at least, we've not had a call from "Chris". Another text message came to my landline last Saturday morning, from the equally ethereal "Claire", saying that no payment had been received, and they couldn't hold off further action any longer. He immediately phoned the quoted number, and found that the office was closed, even though someone somewhere had triggered off the text message, and so he left another message, saying that he was going to be out of the country until 4th October (he's a continental coach driver, and often away for more than 7 days at a time), please would "Claire" phone him back then, as he wanted to make arrangements to pay. I am typing a letter for him to send to them, as I think we should now deal with this only in writing - I'm sick of having to deal with text messages, and tw*ts who don't phone back. I have already suggested that he offers to pay £10 per month - this is what I would like your views on. Should this be agreed, what would be the best way to make payment each month? Neither of us is keen on trying to set up a DD or SO - I've read too many horror stories on this site! I've offered to write a cheque for him each time, but he's worried that they'll then have MY details, too, and try other nefarious things. He likes the idea of a postal order. Your opinions would be very gratefully received. Thank you all in advance.
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Hello, I've had a gambling addiction which has lead to thoughtless borrowing and large amounts of debt. Earlier this year i decided to do something about it and I've currently got the gambling under control, put in complaints with all the PDLs i borrowed from and joined StepChange. The CAG guides have been a massive help, so thank you to all those involved. One problem I still have is a £7500, 4 year guarantor loan with UKCredit. I've currently paid UK Credit £3,800 but have fallen short on the payments since March. I've found the guarantor loans really cause problems on a dmp, as StepChange are suggesting £97pm and UKCredit are making my guarantor pay the rest. When trying to go back to StepChange to get this increased to full 281.50pm, they've refused. Jan 16 | £7,500 | £281.50 a month | Current Balance £6998.09. My guarantor is my partner. My question is can I claim irresponsible lending like I did with the PDLs or does having a guarantor stop that claim? When I applied for a loan with UKCredit I had the following outstanding: 118 118 MONEY | £2500 | £190pm AVANT | £3800 | £175.42pm Sunny £900 | MyJar £1000 | £495.29 pm Payday UK £800 | £969.36 Marbles £900 - £25.36pm Mr Lender £250 | £274 Satsuma £300 | £88.40pm Santander Credit Card £1900 | £30pm Vanquis £450 | £45pm My credit file was littered with missed payments and my bank statements showed my gambling situation. -
Hello everyone. I submitted my N1 form plus fee and supporting evidence to CCMCC on 25/1/17 regarding Disability Discrimination by The Parliamentary and Health Services Ombudsman. Having looked on this site, I noticed advice being given regarding P36 rules but in doing so I am now a bit confused. My question is: - If The PHSO make a financial offer to settle and I refuse on the grounds that I am claiming for damages/compensation, which depends entirely on the judges discretion and therefore have no idea what the award could be, will this go against me if the judge awards less than the settlement offer? Thank you in advance.
