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  1. Hello I'm new here, but just wondered if anyone has experience with successfully challenging and overthrowing an ombudsman's final decision. The Financial ombudsman has made lots of poor excuses and failed to look at the significant evidence that yes car credit/direct auto have mis sold ppi and other insurances without permission. Many thanks if u can advise
  2. Evening all In need of some urgent help with Andrew James enforcement who are currently trying to enforce council tax liability orders and also a sundry council debt. Long story short I received a letter from them last Monday to demand payment or they would visit to remove goods. I came home from work today to find a hand delivered letter as they had made a visit and not want full payment it will return with a porter and remove goods even if I'm not home this notice is for the amount owed to the liability order and also the sundry debt which has no court order the letter regarding the sundry debt did not state that they would visit to remove goods for that. So I have a couple of questions I need answers to if you can please 1. The postmark on the letter and the date on the letter is 25th July 2016. I understand that I am supposed to be given 7 clear days notice of any visit but today is day 7 from the date on the letter. So to me they have not given the 7 clear days before visit can someone clarify if this is correct? 2. As no court order has been made on the sundry debt are they allowed to include that in the amount required for payment to stop the removal of goods as that it what they have done. My understanding is they could only attend to remove goods for the liability order amount. I am currently working with step change and have sent the letter offering payment while they help me with my finances which was posted last Friday but to me it seems this has been filed under bin by them. I have a copy of the letter with my details blanked but can't see how to add attachments so you can see the original notice. Any help or advice you may be able to give would be greatly received. Thanks in advance
  3. Where I work there is a staff car park where you can park for free for 2 hours (there is a staff park and ride which I normally use and pay £13 a month for). I returned to my car 3 minutes over the 2 hours. This was in March and I am now in receipt of a Liability Notification stating that I will be taken to court if I do not pay £100 in 28 days. What do people think? The car park is free so me overstaying by 3 minutes did not result in any loss of revenue. There is space for about 10 cars and, apart from my car, there were only 2 others cars parked so I did not prevent another member of staff from using the car park. The Liability Notification states that bailiffs may be sent to recover the costs. Can they do this? What are my chances of a successful outcome if I take it all the way to Court? The company concerned is Parkshield Collection Ltd or PCP Enforcement Agency.
  4. Vehicle Control Services issued a non- display of ticket 2 years ago by the evidence on an ANPR camera they then left it 14 months to start demanding money through the usual DRP/ZENITH and finally the bottom of the barrel B W Legal. They issued court proceedings when I refused to communicate with them as they had in my opinion broken data protection regulations in contacting me by telephone warning me what costs I could expect if going to court. I made the mistake of trying to fill in the court form online but on making a counter claim for intimidation the plea did not get entered so I received a court judgement in my absence. I applied to have the case set aside which I had found in my favour the judge was well in her words displeased with the conduct of B W Legal using unsolicited telephone calls to persuade people to pay up. I got a disapproval for not disclosing that I had in my possession the parking ticket, but in my defence I said that I was charged with not displaying and not non- payment. No costs were awarded to either party. I am now providing the court with the details of my case in case B W Legal wishes to continue the case or drop it (i expect they will drop it now they know I still have the ticket). The main issue I have is that they should not be issuing parking notices on the evidence of ANPR cameras only I asked for photographic evidence in the beginning but heard nothing I think they left it 14 months hoping I would not have the evidence to prove them wrong. Does anyone have an opinion on winning a case and maybe setting a legal precedent that ANPR cameras can't be used for evidence of not displaying a valid ticket without photographs for proof. This in my case shows that ANPR'S are flawed.
  5. Hello Firstly i am new here and just looking for a bit of advice, my issue is as follows: 15 October 2015 I parked in an Excel car park in Chesterfield . As usual i paid my £3 for a 24hr ticket. The machine issued the ticket. I put it in the car. When i arrived back i had a PCN. checked my ticket an realised it was only a £2 ticket covering a few hours. The ticket machine had swallowed the 3 pound coins ut only 2 had been registered by the mechanism. The last coin was not rejected. Hence i received a PCN. I took the old advice of ignoring this charge as i considered the PCN unreasonable and have ignored all letters from Excel and BWlegal. I was passed through the usual debt recovery agencies (DRP etc..) and the amount owed fluctuated. About 2 weeks ago i received a new letter from BW Legal , the Final Notice letter, stating that the debt has been passed to them and their client requires paying £154 including £54 costs failing which they will commence county court proceedings Obviously it is too late to appeal the charge through the usual avenues but i just wonder what the best course of action is now, i still think the £154 is incredibly disproportionate for what actually occurred and so i do not wish to pay it, however it is a bit of a nuisance having these people chasing me. Any advice welcomed! Thanks
  6. i have worked for this company for 16 years,this is the 1st written contract ive had,i do want to leave,i am pressured to sign a contract with these following clauses : Hours of work you normally work 40 hours each week.The company reserves the right to alter working hours as necessary.as at date of issue the company is operating on a "short time" basis.you have been made aware of this and acknowledge notification and agreement. sickness Absence the company may require you to undergo a medical examination by a medical practitioner nominated by us at any stage of your employment,and to authorise such a medical practitioner to prepare a medical report detailing the results of the examination,which you agree may be disclosed to the company.the company will bear the cost of such a medical examination.such and examination will only be requested by the company where it is reasonable to do so. changes to terms and conditions of employment the company may amend,vary or terminate the terms and conditions in this document and such change will be notified to you personally in writing or ,when generally applied ,by notice. severability The various provisions of this agreement are severable,and if any provision or identifiable part thereof is held to be invalid or unenforceable by any court of competent jurisdiction then such a invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions or identifiable parts. governing law and jurisdiction. in my eyes this is a zero hours contract which i have never agreed to,the medical clause seems draconian ,the changes to terms and conditions is this a unfair term ? and the severability clause is there because they know the contract is poor, thanks for you replies
  7. Bailiffs lock doctors out of Coombswood Surgery in Halesowen Mohammed Waqas, of Evergreen Pharmacist opposite on the Coombs Road surgery, said: "The staff turned up for work but could not get in as the locks had been changed. He added: "We are disappointed that the patient experience has been affected in this way, as are the practice, but we are assured that they are working hard to maintain patient services from their other sites." http://www.bbc.co.uk/news/uk-england-birmingham-36434956
  8. I need some help with a court claim regarding a parking charge from ParkingEye, The acknowledgement of service has been sent on time, Just need to put together a defense, Is there someone can help, I can explain in detail the history of the case
  9. There have been many questions about these companies and confusion amongst the many different 'Sher' companies and what they do so I thought I'd clarify the matter for those who keep asking. Shergroup Ltd Shergroup, which traded as Sherforce until recently, is the vehicle used by Claire Louise Sandbrook to undertake the execution of High Court writs in her capacity as an authorised High Court Enforcement Officer. On 3rd May 2016 there was a First Gazette notice for compulsory strike-off, the second one since they had the same on 29th May 2012. This is due to failure to submit company accounts. Companies House information Some peoples concerns are that should the company be dissolved as per the notice then that would likely see the bank accounts closed including the account which holds client monies recovered under enforcement activities. Sherwins Ltd Sherwins, is listed a a firm of solicitors and trades as the Sheriffs Lodgment Centre. This is the vehicle used by Claire Louise Sandbrook (the only solicitor employed by them according to the SRA) to 'transfer up' judgments and orders to the High Court for enforcement. Essentially it is her acting a Solicitor to the claimant and/or client on the transfer form N293A. On the 3rd May 2016 there was a First Gazette notice for compulsory strike-off again for overdue accounts. Companies House information The Sherbet Foundation The Sherbet Foundation was a registered charity that was set up to help individuals and families who had been subject to enforcement action. It is unclear how much was passed to these individuals and families but the details of the charity can be and some financial information found here: Sherbet charity info And here: http://www.thesherbetfoundation.com/how-sherbet-works.aspx It would appear that whilst no money has gone through the charity in recent years it is still actively registered. Shercar Ltd Shercar was a system that allowed qualifying enforcement officers and bailiffs the ability to check with DVLA the current registered keeper of a vehicle by inputting it's registration number. It is unclear if this is still used and I am advised that the license has expired. The company also appears dormant although it is unclear if Shercar was once a trading name of another entity. Companies House information There are other 'Sher' companies which include Sherbond Ltd, Sherforce Ltd, Shercurity Ltd and Shergroup Technology Ltd but these are now non-trading and most work goes through Shergroup Ltd.
  10. Hi All, sorry to trouble you. I just don't understand this. We went to drop off some family guests (who were from overseas) that had been staying with us to Leonardo Hotel Near Heathrow. The entrance to the hotel is a via a private drive to the rear. We helped them with their luggage, helped them check-in - at no point did the staff ask us whether we had a car or any charges for waiting. The check-in took over 15mins, we then helped them with their luggage to their rooms and said our good-byes and left the hotel. Received a PCN just a over a week later stating we had stayed 40mins and charge is £100 discounted to £60 if paid within 14 days. I rang the hotel, the unfriendly staff went on the defensive, saying there are 19 signs all round the hotel, in the lift etc. How does a hotel expect guests to be dropped off - just park up and throw the luggage out and wave out the car window as we speed off in fear of getting a parking charge. This is really below the belt behaviour. The hotel sent a short abrupt email stating that I had to call parking eye to deal with any issues - the number they gave me is the payment tel number which only deals with payments. Please could you advise what is the best way to do deal with this. I would normally ignore these type of letters, but I understand Parking Eye typically takes people to the court. Thank you.
  11. Hi All, I will set the scene with a brief timeline of events.... 1. Purchased a 62 plate car for 10k on a HP agreement with a £300 deposit, picked the car up from the dealers on the 2nd March 2016. 2. I made the first payment on the HP agreement on the 2nd April 2016. 3. On the 8th April 2016, the car was written off in an accident. The other party pleaded no contest and their insurers have admitted full liability for the claim. I spoke with my finance company yesterday after receiving a letter from my insurer declaring the car a write off. Naturally as the legal owner of the vehicle, the finance company are insisting that they deal with the insurers themselves. I fully expect however that the finance company will be acting solely in their own interests and not mine. I should also state that I have GAP insurance so I am not bothered about clearing the existing finance, but what does bother me is that it leaves me personally out of pocket, I believe (and this is where I need advice) that I should be able to claim.... 1. My £300 deposit which was paid to the dealer at the start of March. 2. As mentioned above, I paid my monthly installment at the start of the month and only had 7 days use out of the car before the accident, so I believe I should be able to claim at least part of this back? 3. My next payment is due on the 1st May, I am concerned that if things don't move swiftly and the finance isn't settled before the end of this month then I will end up paying another month's payment for a car that I no longer have the use of! My main question is... what route should I take to attempt to claim back these losses?? Should I wait for the insurer and finance company to conclude the settlement of the finance first? I am thinking of waiting for the dust to settle and then issuing a court claim to the other driver for any remaining losses, can I do this?? I am concerned that once the finance company has settled with the insurer then that will prevent any further claims being made?? Many thanks for any assistance given.
  12. In January of this year, I was hit by another car that drove between two lanes of traffic to overtake me from the left. The car pulled out in from to me, lifting my car off the ground and damaging the front side panel and bumper. In doing so they damaged all of the side of their car. Their damage to their car starts at the top higher up and then drops down. There were no witnesses to the accident , but there are photographs of the damage, which I believe support my case. The other driver has claimed that I overtook them from the right, in doing so that I mounted a raised diver between separating me from traffic coming from the opposite direction. I do not think that the evidence supports this. However Aviva are now saying that the want to settle this as a no fault claim, unless I can provide a witness of CCTV evidence, which I can't. Worse still, the are implying that may settle the claim in favour of the other driver, unless I accept this. I have indicated that I am not willing to and would be happy to go to court on the matter. Any advice please ?
  13. INSURANE COMPANY Refusing to provide any details of a claimant on my policy Refusing to provide the same to police obstructing an investigation Refusing to provide the same to allow customer to obtain quotes from other insurers Increasing a premium by 30% when renewal notice states the driver has passed their driving test but they list them as a Provisional Licence in error. My daughter needs urgent advice, she was involved in a very minor accident 10 months ago, a driver was indicating to turn right on a very wide main road, and traffic was flowing on the inside, just as she approached without any warning he swerved to the left blocking her path, she assumed he had changed his mind and was going to park on the left so she changed course at the last moment to pass him on the outside, keeping to her side of the road, however, what he was doing was attempting a complete u-turn causing my daughter to hit him, it was unavoidable, no indication and short notice. The man was quiet intimidating, my daughter has never been in an accident before so was very shocked and upset, he demanded she sign a piece of paper admitting liability saying the damage was £1000, she refused but gave him her full details, she phoned her mother who was close by, she arrived and the other driver left swiftly without providing any details at all, we didn’t even have his registration in all the confusion. My daughter reported the accident to her insurers straight away but due to shock and being upset she did not give a complete accurate account, she said she was not sure who was at fault as she has never been in an accident before, just he pulled across her path, he then said he indicated left and she just said yes, when in fact she meant right. My daughter reported the accident to the police and they advised the other driver had already committed an offence by not providing his details at the scene, they said should he make a claim your insurer will have his details so can you pass them to police to be investigated, they said if he was driving illegally it would be a win situation for her. We heard no more from my insurer for some time, then a letter saying on the evidence they have they will have to admit liability unless any further evidence comes within 14 days. I sent several URGENT emails to the insurer asking then NOT to settle that the police wanted to investigate him and can we have all the details, all emails to several department were ignored, I tried phoning being on hold for 27 minutes until my battery went dead. I sent another email setting all this out, it was then taken up as a complaint of poor service and we were given £40. I managed to get them on the telephone and they said they had to admit 3rd party liability, they said it had nothing to do with the police and they were not allowed to provide and details to me or the police due to the Data Protection Act, I passed this information to the police, we heard no more from anyone and assumed the claim had been withdrawn. My daughter has now received her Insurance Renewal Notice and has lost her 2 years NCB, costing her several hundred pounds more, she paid for her own repairs to avoid losing her NCB, she noticed there were some errors on it, it said Provisional Licence, under it stated date passed driving test which was wrong it was 6 month earlier. I advised my daughter I would make a formal complaint on her behalf to the insurers; however, she would need to phone them to make sure she has insurance in the meantime and point out the errors in case it reduced the premium, I advised not to go into the complaint as they would not be in a position to resolve it. My daughter phoned them today, said she wanted to pay on instalments instead of yearly, and pointed out she had passed her driving test 6 months prior to the date stated and made it clear she had a full driving licence for over 2 years, so not provisional, they said they would need to recalculate the premium and it came out £300 more, my daughter said that was crazy you are already insuring me as driving with a full licence so what’s the difference now, and I have lost my NCB due to them not investigating her accident, she asked for details of the claim, my daughter said we had already drafted a formal complaint so best deal with it that way. The insurer insisted she wanted to look into the problem, however, we went around in circles and she only repeated what had been said before regarding the DPA; I took over the call and asked how is my daughter able to get a quote from another insurer if you are refusing to provide any details of her claim? All she kept saying was I know where you are coming from, and I can look into it for you, I said you cant if you wont release the details, I said we were getting no where and wanted to end the call. Within minutes she was back on the phone to me saying she had spoke to claims and they have said its NOT settled yet (some 10 months on) and it may be joint liability, I asked why it had taken so long and why have we not been informed, she said something about emails were not coming to us, I said you have 2 email address for us and a postal address, its unacceptable, the lady was insistent I speak with claims now as they might have the answers, when I said ok, she said but they will only talk to your daughter not you. They would know from the very first call (recorded) after the accident they could run circles around my daughter and put words in her mouth, I said NO, please ask claims to put everything in writing and we will respond after seeking advice, she refused to do this and virtually begged me to let my daughter to talk to the claims department, I said we must at this stage have it in writing, if it was a simple matter why is it still ongoing after 10 months. My daughter will have no insurance in 2 days. Can an insurance company operate in this fashion; they must owe their customers a duty of care, and allow them to get quotes from other companies. Any advice will be greatly appreciated Bernie
  14. Hi I know it's Christmas but really hope someone can help me out urgently, I've had a claim through from cabot financial with 'right hassle' acting on their behalf for a very old Egg account. I submitted the AOS now need to put together a defence in the next 2-3 days and submit by thursday next week (i think that's the deadline having used the 33 day from service calc). Claim details/points Claimant - CABOT FINANCIAL (UK) LIMITED Address for docs & payments - WRIGHT HASSALL LLP Date of issue – 24/11/14 POC - POC ATTACHED but I can type this out if need be. [ATTACH=CONFIG]54992[/ATTACH] - Not sure if important but POC seems to include a mistake or two: using # symbols instead of £, also they quote a #19,***.** balance for the debt (far in excess of the c14K at close of account!?) and then go on to ask for interest of exactly the same total: "The Claimant therefore claims the sum of #19,***.** interest under s89 County Courts Act 1984 and costs." surely this is wrong and a basis to defend/strike out? Claim Value - ALMOST £20,000 Original Creditor - EGG (Card Account closed 2006) Type of Account - CREDIT CARD ACCOUNT Agreement entered pre-2007? - Yes 2004 Account assigned by Debt Purchaser? - Yes, by CABOT (bought from Egg 2009) Notice of Assignment? NOT SURE if I have a properly worded NOA: - had a letter from EGG (OC) late 2009 stating "We hereby give notice of the transfer of the debt due to us by you.. ..On XXX 2009 your account was sold to Cabot Financial.. .Any further communications and payments must therefore be addressed to Cabot...etc." -had a "Welcome to Cabot" letter stating similar (is that acceptable as an NOA) Default Notice from the original creditor? - YES 2006 but not sure if correct Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - YES BUT NOT EVERY YEAR (not in 2011 & 2012) Why did you cease payments? - BUSINESS IN TROUBLE SO SEVERE FINANCIAL DIFFICULTIES What was the date of your last payment? - to the OC May/June 2006 (can check exact date if needed) - to the DCA not sure either late 2008 or very early 2009 Was there a dispute with the original creditor that remains unresolved? Possibly - PPI charged when not asked for, this was refunded (2004) but can I use this? - CCA request to ARC in early 2009 recorded post, responded with a copy of a signed Egg Agreement but not the entire terms, very brief 2 pages - pretty sure I wrote back "account in dispute" as requested docs not supplied but what if I can't find letter/postal proof? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? YES, I wrote to them saying that I had severe financial issues asking for account to be put on hold, that I had been in touch with National Debtline (gave them the ref number) and had been making recent smaller payments, They wrote back saying no can do. PPI - as mentioned above never requested/applied for but charged at the start of the account, I lodged a complaint and was refunded the 2 charges. Interest - The interest has been accruing since the account moved on and has grown from c£14k to almost £20k, surely this is wrong when there are no details as to how they have come by an interest rate, what terms do they rely on etc? Can anyone help me out with some advice please, am I on the right track with some of my thoughts above? Most urgently I'm not sure if i should send any further CCA requests to Cabot or WH or even Egg? Too late for a CPR31.14? If i can get the letters into the post tomorrow morning they will reach the DCA/OC by Monday morning recorded delivery which gives almost a week - but I need to send them by 12pm tomorrow so if anyone is out there please advise. Many thanks. GF2k
  15. Hi Folks, My 15 year old son has been landed with a £60 fine from those wonderful people at Southern (Govia) for not producing a valid ticket. In fact, he does have a valid season ticket, but it happened to be in his other blazer so he didn't have it with him. I am told that he was informed at the time that if he produced his season ticket at the station office no further action would be taken. My son insists he did that (um, yeah - I will give him the benefit of the doubt, although Govia apparently aren't). I have explained the situation to Govia and have the season ticket to hand but they have declined the appeal. Do we suck it up and pay, or is there any form of kind words or actions that can be taken here? Thanks
  16. My Step-son has been insured with Hastings since passing his driving test at 18 and buying his first car. In 2014 a claim was made against him saying he had run into the back of another car. As my step-son did not have an independent witness he was unable to prove it was not his car and the claim was settled with my step-son losing his 2 years no claims. This was despite Hastings giving my step-son the incorrect date for the alleged accident for 8 months and my step-sons car's towing hook being on the drivers side when the dent to the third party car being on the passenger side rear!!!! The latest problem is that he was hit in the rear by another vehicle (Nissan Qashqai) Step-son's car being a 2009 Mini, while waiting to parallel park in a space on a side road. Step-son was stationary at the time as he was checking if it was clear to reverse into the space. He had reverse gear engaged ready to reverse in the space as soon as he could see it was clear. The road he was using was an entrance to a supermarket and is at least 50ft wide. Step-son said he felt a bump so he put the handbrake on then the Nissan driver was banging on his window shouting at him saying Step-son has hit his car. Nissan driver was foreign and was very aggressive saying Step-son's reversing lights were not working. Police were called who attended and managed to get the other drivers details. They even checked that Step-sons reversing lights were working perfectly. Accident was reported to Hastings the following day. Solicitors were instructed by Hastings to pursue the other driver. Hastings then wrote to my Step-son in February informing him they were settling the claim as the other driver said Step-son had reversed into him. Hastings say that as my Step-son was the manoeuvring party then he is liable as Step-son cannot prove he was stationary. The solicitors are fuming as Hastings have done this without consulting them. I am still in contact with the solicitors as my Daughter (who was 15 at the time of the accident) was a passenger in my Step-son's car. Can anyone give us advice on what we can do next?
  17. Hi, I was wondering if anybody can help. My friend was stopped by the police yesterday and has been fined £300 and received 6 points in his licence for driving a friends car. He was under the belief he was covered third party through his own insurance policy with Enterprise Insurance. This was a genuine, honest mistake and I too, until now, have never heard of the DOC clause in insurance policies. I've done some research and it appears this clause has been brought in quietly over the years by insurance companies? My questions is, has anybody ever successfully challenged this clause, and successfully won, thus setting a precedent? Any help/advice would be greatly appreciated as it appears many thousands of people have been caught out by this relatively unknown clause. Thank you.
  18. I am hoping someone can advise me on what to do next. I have read lots of posts on sites where they say ignore everything as these private companies have no legal right to fine you on private property etc etc but then I received a Court Summons. I parked and my husband paid for a ticket at 12.14pm (taking us to 14.14pm) in the old BlockBuster in Car Park in Darlington on the 4th July 2015. Husband returned to re-ticket the car but did not have the right money (only euros) and had left me with his wallet to pay restaurant bill. Returned to ticket machine where there was a massive queue (machine playing up with £1 coins) as car park was heavily in demand that day (the sun was actually out). Subsequently there was a 12/13 minute gap in the tickets. Second ticket took us from 14.27pm 15.27 and we actually were on camera leaving the car park at 15.02 meaning that every minute of our parking was actually paid for. I contacted ParkingEye as I had no idea there were cameras and explained the situation as I believed they just thought we had only purchased the first ticket. They came back to me and said I could either pay the £60 and not appeal to Popla or appeal and pay £100 if the appeal was lost. I thought I had such a good case that I downloaded the Popla form, filled it in and wrote and attached more info and uploaded it to their site. I had not heard anything back from anyone and thought that it must have been quashed until the 18th January 2016 when I received a Court Summons for £175. Astonished, I called Popla to see why they rejected my appeal but they could not find me on their system. They cannot use the fine ref etc and could only go on name and then car reg. After a while she asked me when it was sent in and I said around the 10th September 2015 to which she said that the administrators had changed since London Borough Council lost the contract and it was now the The Parking Ombudsman who dealt with it and the changeover date had been the 1st October 2015. She then said that they had had problems with the changeover, the systems were completely separate and that some people had fallen through the net as they could not see anything appeal from before that date. They then gave me the number of the old administrators and I called them - the lady was sick. I cannot believe that they only have one person who deals with this and I am expected to hope that my case is being dealt with fairly. I have contacted Popla (the Parking Ombudman) and they are going to ask ParkngEye if I can get another Popla Code but it seems to me that the general public are on a wing and a prayer. Does anyone have any advice - feel mugged!!!!!!!
  19. Agreement 1 – 05/05/2015 - £1.388 – defaulted at £972.00 – Weekly £49 Agreement 2 – 13/08/2015 - £2,458 – defaulted at £2131.00 – Weekly £60 Agreement 3 – 13/08/2015 - £450 – defaulted at £374 – Weekly £17 Agreement 4 – 01/09/2015 - £429 – defaulted at £357- Weekly £21 Litigation to be commenced against Brighthouse in relation to Accounts held. I was not stranger to the business upon taking the first agreement in May 2015. The first agreement runs smoothly after 3 months I took out further finance, this was available from 8 weeks and each time I visited store to pay I was prompted to purchase take out further agreement, whilst I accept it was ultimately my decision to take out the finance I argue that they have not lent responsibly, until agreement number 2 my weekly payment was £49, in August they agree to more than double this by granting further finance of £2908.00 taking my weekly payments from £49 to £126. Two weeks later when I needed an essential small product further finance of £429 was granted increasing the weekly payment up to £147.00. In the space of 18 days my finance commitments had increased by £98.00 from £49.00 to £147.00. Needless to say this soon became unmanageable and by the third week of September I was unable to make the weekly payment of £147.00, the proof of income from the first agreement was used for the further 3 agreements. This is where my world could have fallen apart if I was not aware of my rights:- Their contact centre phoned me up to 9 times a day, In-house collections The store staff came knocking in a white transit van The unauthorised bailiff refused to move out of my front garden until I proceeded to dial 999 on my mobile. The agent remained parked in his van outside my house for 45 minutes. I was charged £5.50 per an agreement for the privilege of the above, £22.00 extra. Penalty charge I have been charged this £22.00 every week since 20th September. 26th September – letter sent to Brighthouse regarding repayments, made reference to the amount of monthly payments were on average £600 a month which was 50% of my wages and requested they remove all interest from my accounts, remove and stop all charges and agree to a repayment plan on £60 per month. Brighthouse wrote to myself on the 2nd October and agreed to the above repayment of £60 per a month, they stated that as interest is front loaded there would be no further interest charges applied to the account. However in order to accept the above I needed to visit my local store at my earliest convenience. I further contacted Brighthouse requesting bank details to make the monthly payment I also raised question of the interest and further requested it was removed completely and agreement was made for the cash price of the goods. Even though in their own written correspondence on the 2nd October they agreed in principal to a repayment plan I continued to receive weekly letters and charges of £5.50 per a week applied. THE ACCOUNT WAS IN DISPUTE November came and went no correspondence whatsoever from Bright house December came, Equifax credit alerts, Log onto my credit file and low and behold Brighthouse have registered a default on all 4 accounts. Until today I have been in discussions with Brighthouse and I have still not been supplied with bank details!! Brighthouse have registered defaults on accounts that were clearly in dispute, this is a breach of the ICO guidelines on registering defaults with credit reference agencies. Brighthouse claim that as they had issued a response the account was not disputed. I was not contacted before these defaults were registered, Brighthouse claim they were asked not to call or visit me whilst I accept this the only letters received were £5.50 weekly charges, these letters breached their acceptance on the 2nd October as the charges should have been removed and should not have been applied continuously. I know that the insurance has not been removed and has still been charged despite the account defaulting, in their own contract they state the insurance is cancelled once a payment is late. I wish to commence a claim through the county courts for a judge to review this as I am not accepting these defaults for a period of 6 years. Payment has never been refused, Means to pay have never been provided. I will not visit the store of the agent/bailiff who trespassed on my property and refused to move. My questions are:- What section of the Consumer credit act would refer to responsible lending? Would the claim value be the total amount of the outstanding debt? I do not believe adequate affordability checks were conducted, where can I refer to research this further? Can any refer to a claim that has been successful regarding registering defaults on a disputed account? Section 43 http://www.experian.co.uk/www/pages/downloads/compliance/guidance_on_defaults.pdf “If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed. Defaults filed in these circumstances may also be inadequate for the purpose of credit referencing in that they do not provide meaningful information about the creditworthiness of the customer.“
  20. hi there not sure if this is the right place buthere we go five months ago i went into a buisness merge/partnership with a friend who is in the same line of business who was struggling financialy because i thought extra pair of hands would mean less hours for me. i left the partnership 2 weeks ago as he was hardly doing any work and i was working more than 80+ hours a week. i had agreed for a fixed income untill his debts were up to date at which point the profits would be 50/50 but he was not paying off his debts and just chilling leaving me to do all the work. i had a complete setup but he hardly had anything i even injected money into the business for stock but as i was seeing more of my hard earned money eaten by him i told hime i dont want to work with him and that i would just take all my stuff and set up shop back where i originaly had my business. when i went to pick up my things he told me that we need to sit own and do paperwork profit/loss before we do anything else so i had to wait so he can work it all out so i went home so i went home only to recieve a phone call from him threatning me, me being a nice guy decided instead of the police to get friends and family of our involved to sort this situation out and in return i just recived a invoice for my car at his place which i was not able to pick up because 1 he had it blocked in the yard 2 he threatend me so i did not go back just waiting for our friends to get a solution but now he has sent me an invoice plus all my stuff are at his place and the thing is we did not have a written agreement and the thing is i dont know what to do to get all my stuff back
  21. We live in a road, that is made up of privately owned houses and flats and which also contains around 15 social housing flats. These properties were built 5 years ago. This morning, a man from UKPC put up a load of parking notices, with various rules about parking in designated bays, displaying parking permits, time limits on parking in visitor bays and non return to visitor bays within 48 hours ETC. Charges are £100, reduced to £60, if paid within 14 days. None of the residents have been given prior notice that this company was going to be doing this! The road is a private road, operated by a separate entity to the lease holders of the properties, and is only for the 90+ properties in this road. At this point in time, no residents have been issued with any parking permits for their vehicles. It seems to us that this company (UKPC) could, in theory, start issuing penalty/charge tickets to anyone now using this road. Is there any legal right for residents to be informed that this was going to happen, or do the owners of the road have no legal duty to do so, other than putting up these signs? Thanks.JD444
  22. Hi just a quick one regarding regulations on red route signage. It's in camden high street outside of lidl/william hill. The first bay to oncoming traffic is loading only and the one after is free 30mins. Both bays separated by just lines and very hard to judge different restrictions. Should there be another sign indicating either end of loading bay or start of free bay. Thanks. https://www.google.co.uk/maps/@51.5362652,-0.1401768,3a,75y,32.97h,68.76t/data=!3m6!1e1!3m4!1sA35WUEWCOEaUumKqzc4Flg!2e0!7i13312!8i6656
  23. Hi Son is at Leeds Trinity , he lives on site they have TPS covering their car parks, he has received parking the charge advice please. He has to put a ticket on at 8am on a Monday for the Week they charge him £10 a week to park, he didnt get up in time.Ticket has come to my house as this is the registered address for his car. Will this go to debt collection agency thks
  24. Hello. I am currently getting income based JSA for about 1 year now. I stay with my mum, But all of a sudden my mum is saying i need to pay £27 towards to rent as the council will only pay £109. So why now do i need to pay. I have a brother who gets ESA, and my mum gets income support. What are causing the housing benefit deduction, My brother only started claiming ESA this year in march, And all of a sudden the housing benefit is cut. So could someone help me because i am getting the impression the cut is because of me but i have been getting jsa for around a year and my mum has been getting full housing benefit since untill now.
  25. Hi, thanks in advance for looking at my post. Basically, in 2006 I took out a buy now pay later deal through land of leather with creation. land of leather told me i would be contacted when i needed to start making payments but never did. after taking out this deal i went through a rough patch after having a prem baby and becoming a single parent in the space of a few months with no job and was extremely depressed and i forgot about the sofa payments. the next i heard i had court papers, i contacted creation to ask if i could start making the payments asap and they told me i had to pay the full amount plus the interest i would have been charged or they would register the ccj. i couldnt afford to do it and the ccj was registed and a charge was put on my house. anyway, the house is being sold, its meant to exchange next week. my solicitor has contacted creation for a balance and it is 5139.19!! the sofa originally cost 1495 and i took a 2 year warranty 240. on my credit file under creation it states 3639 and they have logged every month since 2006 sustained arrears. i contacted creation to ask why the balance is so high, they told me it was now with drydens. i called drydens, they told me the 5139.19 is the balance creation had sent to them and they had never added any fees and didnt have a breakdown. i recontacted creation and i was given the balance of 3638.55 and they told me any other fees must be drydens adding them. i am so confused and neither company is offering to help me or give me the information i need. i am about to lose my buyer. please help me
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