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  1. I have sent Halifax a CCA request several times over the past year, which they seem to be ignoring! This card was taken out in the late 1980's I'm guessing they are having difficulties retrieving any documentation. I have spoken to the Financial Ombudsman and they say they cannot force a company to produce documentation they do not have. If I raise a complaint with them they can only ask the same way I have. They have not sold the account, they have passed it on to a DCA to manage the account who are now demanding a massive increase in the monthly payments. Without the contract I do not now what my rights are. So, what should I do next? Thanks in anticipation sidley
  2. Hi all This one's a worrying departure from companies generally steering clear of taking people to court for old/possibly dead debts - Hoist Portfolio Limited (HPH2 Ltd) have had a CCJ issued on me for a years old debt that may be statute barred. *If* it is the debt I am thinking it is, it is from an old bank account and is an amalgamated loan, overdraft and credit card debt that I had when leaving them after I lost my job and became very ill. I had already made several years repayments on it while it was in the black, but then became unable to continue and had to default. I sought advice from CCCS and established I could not afford to pay them any more than a token £1 a month payment. Some time later, my father came into some money and kindly offered to settle it for me. I also had another debt so he divided the money up in a percentage between the two as advised by CCCS. The other company happily took the offer, this bank declined. He made them a second offer. They declined. We explained I was in ill health and would never be able to pay it back in full so they really should accept the offer as it was all they were likely to get and the offer would not be on the table forever etc. They declined. I am afraid I do not know the dates of any of this, only that it is several years ago now. I wrote to them asking them to correspond with my father not me as I was in poor health and could not reply in a timely manner. Several other companies bought the debt, my father made the first two or three the same offer, they all declined, we did not hear anything for about two years. Enter Hoist. They have decided 1) not to contact my father but myself and consequently I do not have most of their letters as 2) they also have the wrong address on their letters, the address of the 'main' building I live in, not the actual address so I have not been getting them. The first letter I did get was one from the court telling me they had issued a CCJ against me! immediately confirmed it was real and contacted CCCS (now Stepchange) who advised me to write to the court asking for motion to put aside, which I did and also sent a CCA request to them, which they returned with the postal order and no documents. still do not have the documents (August). the hearing to set aside is on Thursday, which I just found out, since they are STILL sending the letters - including the court - to the wrong address! made it quite clear in my reply they needed to address the letters properly for them to get to me. was not aware that there would be a hearing to decide if we were to have a hearing. presumed the judge would look through the letter I sent and decide. After digging through the junk mail, found a letter from Hoist, who said they will not 'challenge' this hearing to set aside, which is very nice of them, as long as I started making payments. They still did not enclose the documents I requested. the hearing is on Thursday am I was wondering if there was anything I should know/bear in mind from other people who have done this. My defence is 1) sent to the wrong address 2) asked to correspond with my father due to my ill health and have ignored request 3) they have added interest to the debt when I was told 'once it is amalgamated interest and fees can no longer be applied, so that's one good thing about this'. 4) the debt may be statute barred 5) I have asked to see original docs and they have ignored request 6) if this is the debt I think it is - my Dad made several offers which they declined, and he explained that they could either take it or nothing, and they declined. So...well... 7) it may not even be a real debt or mine - I need to see the docs, which they have not sent. My name is actually very common, it is not completely impossible. I guess I go there on Thursday in my best suit and go through those things? It is really having a terrible effect on my already terrible health and I am so fed up with the whole thing. I believe we have tried our best to come up with a solution and it is not my fault that I became ill and unable to pay. Our offer was fair and certainly, for a debt co who probably bought it for 15 per cent or whatever, I do not understand why they have chosen this route rather than the money. Thank you all in advance for your help. These forums are literally life-saving. xxx
  3. Can anyone help. Due to depression and anxiety i was on esa, i was in the support group and allowed to do permitted work. I failed my assessment and have been taken off ESA. on all other occasions i have been told that permitted work will have to stop so that is what i did this time. I am now being refused full jsa because i stopped the permitted work. I did ask what i should do about permitted work when they told me i could not claim esa anymore but no one seemed to know so that is why i finished as that had been the case before.
  4. Hi there I`m wondering where i stand with my issue. I ordered a £50 bottle of vodka from Very. When the delivery arrived, it was a totally different item (worth around £5). I arranged for them to come and collect the incorrect item and re-deliver the bottle of Vodka. The courier collected the item next day, then i got an email to say the Vodka was out of stock and the order couldnt be fulfilled. There was mention of a refund so i did an online chat with them, i was told that they need to wait until the incorrect item is returned, inspected and approved before a refund is issued, which could take up to 14 days then a further 14 days for refund. So far ive been out of pocket for nearly 3 weeks and i feel like i've essentially just give Very an interest free loan - where do i stand, am i able to invoice them for interest at the rates a standard payday lender would charge?!
  5. I'm after some advice if possible. in my stupidity I haven't being paying my water charges. about 4 weeks ago I received a letter from the county court for welsh water charges from 2016-2017. My wife immediately opened a new account from 18th Nov and has made a monthly payment. I replied to the court with a part admission for the charges from April 2016 to Nov 16 as my wife had opened an account and was making regular payments, I also supplied the new account number However I have received a response from welsh water that they have denied my claim for part admission. are they allowed to carry on with the courts for the full amount for the financial year, as they will essentially be getting paid twice from 18th Nov for water charges at the property.
  6. I'm a court appointed deputy for my husband. In 2008 he was placed under the court of protection due to a severe head injury, at that time he had a Barclays Bank account with an overdraft of £600. When the CoP was put in place he had been in to his local branch and they refused to serve him or talk to him. He was lied to about why and we only found out a few weeks later that it was due to the CoP which had taken over a year to be put in place. His original Deputy was extremely incompetent and cause no end of problems. In a nutshell they began paying his overdraft off at £15 per month but they continued to add charges and interest. In July 2104 the amount owed was down to £126 despite over £900 having been paid, the following month they changed the interest rate and his next interest payment was £18.75, more than was being paid into the account each month. His deputy failed to notice this. I took over as his Deputy in September 2015 and only discovered this around January 2016 when the previous Deputy forwarded a bank statement for him. I then sent required CoP court rulings showing change of deputy to Barclays, who basically ignored them and I also opened a complaint with them regarding the amounts and what had been paid etc. They offered to refund the amount owed and close the account, I asked that they return some of the money that had been paid as it was far beyond what was owed. They declined so the complaint continued. They continued to try and contact the prior Deputy, who having had their duty discharged duly stopped responding or indeed forwarding paperwork to me. The updated deputy court order they had received they continued to ignore. I again contacted them in May or June this year to be told that we now needed to go into the bank to process the deputy change. Which we did, they then very quickly sent through telephone banking details and immediately afterwards a letter saying that the account had been closed and that they would be taking action to recover the outstanding amount which had now built up to £405 overdrawn again. They have closed the complaint and are refusing to refund the overdraft that they had originally offered to do and have told me to contact the Financial Ombudsman if I'm unhappy. Anyone got any suggestions how to progress this please? I'm more than happy to open court proceedings. My husband, with my help successfully won a case against them after his head injury. For bank charges etc, so we're happy to go ahead with that.
  7. In the first instance, don’t delay…but whatever you do….don’t rush into issuing an injunction (more on this in my second post). Why has my car been taken? In most cases, the vehicle would have been taken because it had been identified by a bailiff using ANPR (Automatic Number Plate Recognition) in relation to unpaid penalty charge notices owed by the previous owner. Why this happens is because the warrant carries upon it the vehicle registration number of the vehicle involved in the parking contravention. Will the bailiff company give me my car back? Unfortunately, without documentary evidence being provided to support the sale, the vehicle will be unlikely to be released. Why is this? Bailiff companies frequently come across cases where a vehicle has ‘allegedly' been 'sold’ in order to assist the ‘real owner’ evade payment of their parking debts. In other words, it can be fairly common for 'sales’ to be ‘bogus’. It is vehicle owners such as these, that are to blame for genuine purchasers being required to provide so much documentary evidence. What do I need to do? In the first instance, ask a question on the bailiff section of the forum. If your car has been taken, you will need to contact the enforcement company as soon as possible to make a Part 85 Claim . This claim must be submitted within 7 days . Almost all companies will ask you to provide the following five items as evidence. Most of the larger companies have their own set Questionnaires. V5c Log Book If the purchase was a recent one, this document can be difficult to provide as it can take up to 4 weeks for the new V5c to be processed by DVLA. If this document is not available, you should provide the tear off New Keeper supplement from the Log Book. Proof of Purchase. If payment for the vehicle purchase had been made by bank transfer, this is ideal. If payment had been made by cash….this can be problematic. Most enforcement companies will request evidence by way of a bank statement showing cash being withdrawn a few days before the purchase. You will also be required to provide a copy of the sales receipt. How the purchase came about. If the car was purchased via eBay, Gumtree, Auto Trader or a garage etc, then a copy of the advert and receipt will be required. If the purchase has been via a friend or relative, this can be problematical. Once again, please post a question on the forum. Copy of vehicle insurance. This will be one of the most important documents. It is a criminal offence to keep a vehicle on a public highway without insurance and all enforcement companies will require some evidence that the new owner has obtained insurance within a day or so of the purchase. If the vehicle is not kept on a highway, evidence of SORN registration should be provided. Evidence that road fund licence has been purchased. Most new vehicle owners will tax their vehicle online with DVLA and will either make a one off payment or monthly instalments. A copy of the bank statement evidencing that road fund licence was obtained around the time of the purchase will need to be provided.
  8. Hi - just wondering if I could get some advice. My daughter's boyfriend upped and walked out one day leaving the tenancy (in both their names) and a pile of debts. All credit cards were taken out in her name (about £15k), money borrowed from us (her parents) which amounts to £3000 and utility bill debts, some of which are in both their names. The last thing he took with him was a phone that she had recently taken a contract out with (because he was denied credit) and has consequently run up a bill amounting to £100. She mistakenly thought that he would be reasonable and they would come to some agreement regarding the debts - he has since said that he didn't sign anything (regarding the credit cards and the money owed to us) and would not be discussing this further. She has now blocked the SIM card but hasn't blocked the phone as he has stated to police he has the phone and will give it back with witnesses. This was over a week ago and he has made no attempt to give the phone back. The police have said they will not act in retrieving the phone either. I've said to my daughter that the best course would be to add the phone to the long list of money that she won't get back and get the phone blocked as well. Does anyone have any other suggestions? I'm perplexed how some people just have no morals whatsoever!
  9. Hi I made a complaint to the financial ombudsman regarding the charges that this company had applied to our mortgage. (we are no longer with this company). The ombudsman have come to a decision that SPML must pay us 1500 pounds by the 28th August. SPML have not complied with the ombudsman when they have requested any paper work connected to our old mortgage. I dont think that they will pay up by this Thursday, so what will happen? will we have to take it to court? Can the ombudsman step in or because they ahve made a final decision is this as far as the ombudsman will go? Has anyone else been paid up when the ombudsman has dealt with their complaint? Thanks
  10. Hi I work for a small business which has no HR department. It's a combination of the administration manager and the finance department who deal with any HR related matters. I'm leaving the company and have asked for a note of my remaining holiday entitlement. They are saying I have no remaining annual leave as I've taken it all. I haven't. I've only taken 5 days. They say I've taken 16 days (I wish). I can prove that I was in the office on the days they say I was on annual leave but it's a proving to be a battle. When I first handed in my notice I was told I had quite a bit of remaining leave. As soon as I say I want to use some of it, it disappears. Can they take away holiday entitlement? What are my rights as an employee if they refuse to correct their records? The holiday year starts on the 1st April, I'm leaving in October. This has happen before but with sick leave. I was reprimanded for taking too much sick leave after being off for 3 days with the flu. When I asked to see my sickness record they had me off for 8 days. Again I could prove I was in the office on the additional 5 days. They only corrected their records when I threaten to get the union involved. I don't want to do this again, I want to leave peacefully. It's a great company to work for, it's just a shame that the HR side is in a shambles. I'm the only person who carries out the type of work I do. It does create problems when I'm not in the office. Holiday requests are a chore and when I do finally get a holiday my line manager is constantly on the phone and e-mail asking me to do work. Booked holidays are cancelled at the very last minute. Same with sickness. Those 3 days I took off, they were constantly checking on me each day. Even when I was sat in the doctor's reception - every 10 minutes, "have you seen the doctor yet?"!! My theory is the additional sick leave was a ploy to ensure I didn't take anymore sick leave in the fear I would lose my job. Needless to say, this disappearing holiday entitlement does not come as a surprise. Thanks B
  11. Hi I only just noticed that £13.99 had been taken from my Santander123 cureent account by Ancestry.com via DD !!!!!! I checked the DD and it states it started on 29/07/16 and i most DEFINITELY did not start/confirm this Direct Debit. Thus far they have taken £13.99 on 29/07/16 and today 02/09/16 !!!!!! How do i go about cancelling this, i can not recall using this service !!!!! I have an excellent credit rating and am more worried about it effecting that. Also i have no details of an account with them, so would not know how to even 'log in' to cancel it on their site. Anyone advise. Thanks Little update, i had full info on the DD, it has been taken by - Payee name: GLOBAL COLLECT BV RE ANCESTRY.COM I have NEVER authorised this !!! Anyone advise ? Thanks
  12. Hi - not sure which forum this belongs to so will try here. Firstly (I say this first to make the situation clear) I deliberately did NOT sign a contract with these guys because I didn't agree with the terms. I was sent reminders to sign all the way up to the date of the first DD.. and then they duly took the first and subsequent DD payments without the agreement signed. (What is this type of contract called where some basic terms are implied by the exchange of money? "Implied Contract"?) this is for car insurance. My favoured insurance broker uses Close Premium Finance for payment installments via a credit agreement - they get the money upfront, you pay 5 monthly installments to the creditor. My final instalment of £47.51 didn't go through as I didn't have the funds. This was on 16th October. On 18th October I receive a default notice dated 17th now claiming £77.51 because of an added £30 fine as per the "agreeement" (which I didn't sign). Several days later they tried to take this from my account by adjusting the Direct Debit amount. I should say here also that I did not sign a Direct Debit agreement either with Close Brothers but only gave my bank details to the insurance broker for this purpose as part of the data they needed to enable payment by installment on their system. The default notice gave me until 6th November to pay this increased amount (the total called "arrears") or they would terminate the "agreement" (which I didn't sign..) . I still didn't have the money until this week - am self-employed and had a backlog of invoices to send out and be paid - and also busy so made no contact or payment. Today I received in the post a letter saying they have terminated the "agreement" and are threatening to demand the remaining six months' insurance premium from the insurance broker and pay themselves the arrears, now increased by a further £15 to £92. If they do this, they will both cancel my insurance, get £150 odd back from the insurer and take their £92 (and return £58 to me from what I understand). Yet I'm only £47.51 short of the full amount (£315 I think total - some £70 odd was paid direct to the broker upfront). I'm at a loss as what to do as I don't know where I stand! I have a few questions: - I did not sign the agreement deliberately so as not to be held to the penalties (they call them "fees" of course") so can they even default me at all and does the Consumer Credit Act come into force for ANY loan, whether you sign a contract with mention of it or not? - Can a creditor default someone after just one day and without sending a notice of arrears first? - By me allowing them to take the payments as scheduled and by them acting to take the money, do we have a contract at all and if so what are the terms? Can they automatically include their full terms or is it only a simple implied agreement of supplying the basic credit in exchange for the scheduled payments? - Have they violated Direct Debit rules by both not getting me to sign a mandate explicitly and by then changing the amount from the schedule that was set out? At no point had I agreed to or been informed of a variable Direct Debit. - What steps can I take to prevent them from taking the remaining premium and paying themselves the fees? Or better still stop them from cancelling my insurance with the broker? (although they've stated they've cancelled the loan?) Any help would be much appreciated as I've no idea as to my rights here or what steps to take (I realise thought the amounts may be trivial compared to some other's difficulties!).
  13. On behalf of my sister. Can anyone advise please. She was on Facebook and clicked on a pop up offering products for free with only p&p being required. At no time was she directed to a website or any Terms and Conditions and there was no mention of it being a free trial. Three weeks passed before her credit card company rang to say she'd been charged £200. She explained the situation to them and they said that because she'd opened the products and been using them it was impossible for them to do anything and she would have to take the loss. They did stop any future payments. She's now been in contact with the company directly. At first they denied everything and accused her of not reading the T&C's. Now they've offered her an £80 refund under the condition that she doesn't seek a refund from any other 'body'. First question is did the bank act correctly? Second question is how to deal with Stemologica? Should she accept the offer or keep fighting for the full amount? It's the first time we've experienced this type of [problem]. My Mother and I were also caught out but we returned the products unopened and received a full refund of £50 each. It was the same [problem] but they seem to charge different people different amounts. Any advice greatly appreciated
  14. Hi I joined a Gym called Fitspace during the first Month a double payment of £11.99 was made to them . I only realized this when i checked over a week after it was taken out via my bank statements. This indicated to me that it could happen again as I was not contacted by the gym regarding this mistake. I sent a letter to by Bank and to Fitspace stating that the Contract had been breached as the contract stated the first payment of £11.99 will be taken out on the 16th of August 2015. however a double payment was taken out on the 17th of August 2015. I expressed that i have lost trust in the Gym for making this error and not following up to rectify the mistake. I received an email from Fitspace apologising for the mistake, instructed me to cancel my DD immediately by 27th of August 2015 and they offered me a free month if i was to rejoin. The reason for the double payment was a duplicate account was made, which i have no idea on how that happened. Then on the 3rd Of September I received a letter from harlands stating 'We write to you to confirm that your duplicate membership has been cancelled and the duplicate payment has been credited against your missing August installment on your live account. The terms of your Membership Agreement mean that you have to repay all your installments by Direct Debit. Therefore, you must call Harlands Helpline immediately'.... I chose to ignore the letter and received another letter on 20th of October saying that they have added admin fee leaving me at £31.99 in arrears. I chose to ignore this letter also. Then on the 20th of November 2015 i got another letter stating that they have added a further £20.00 charge which is leaves me at £63.98?? (dunno how they did the maths on that). They further threatened me saying that further charges will be added if i do not contact them by 4th of December 2015 and the balance of £159.90 will be passed on to a DRC who will add their fees onto my account. So i have written out a letter but before i send it i wanted to check up on it with the experts (YOU GUYS ) 26/11/2015 To whom it may concern I am writing to you regarding the lawful cancellation of my FitSpace membership, Fitspace reference number: First of all my argument against you is that Fitspace has acknowledged the mistake made by them and allowed me to cancel the membership on terms of breach of contract. They asked me to cancel my direct debit immediately by the 27th of August. They also offered me a free month if i was to ‘re-join' with them. The word 're-join’ confirms the agreed cancellation of my membership. No disputes were made by them about having to reinstate by direct debit because they know just as well as you do, if the contract is breached I am in my legal right to cancel my Direct Debit. I have this written in Email sent to me by Fitspace which i will attach to this letter. I hope you realize under The Protection From Harassment Act 1997 you are breaking the law by sending out these invoices in the pretext of bills/debts. You have no power or authority to do so, if you choose to continue with harassment I will be forced to report your actions to the Trading Standards and to the CMA. I would also like to notify you that I entered in a 12month contract with another one of your Gyms (Xercise4less). If this harassment continues I will most certainly be cancelling my membership at the end of the contract with Xercise4less . Also I was told by Fitspace that the double payment would be cancelled but it never was. I did not chase this up as I wanted to leave with a good gesture . Also do not attempt to settle me with further ‘good gesture payments’ as I am absolutely aware that I do not owe any money and I did not break any membership agreement as you argue against me. If you genuinely believe I owe a debt then do not hesitate to skip all the nonsense and pursue this case in court. I hope you are aware of a high court ruling where a judge openly said these gyms are out to take advantage of people and that there is no room for this kind of practise in business. Your Sincerely Il be looking forward for your sincere advice and help Thanks Jon
  15. I was caught stealing at tk maxx today. It was a very foolish thing of me I admit. Something that costed £7.99 and I didn't want to pay for it as I had already purchase worth £70.01 at tk maxx and didn't have enough money for what I wanted. I took of the security plastic tag off the box and put the item in my bag while I got busy with my daughter as she was crying and kicking a fuss. I continued to checkout with all my other items amounting to £70! Then left the premises. A security came running down the stairs and spoke to me saying I believe you have something in your bag which you haven't paid for. I said ok let's check I opened my bag and saw the item then remembered I put it in my bag. I forgot about it as I spent nearly 2hours in the store looking for lots of things. He escorted me to the back security room and asked me to place everything not paid for on the table. I then placed the only item that was in my bag worth £7.99!! He asked me did you steal the item. I said I didn't mean to they were so rude and shouting. He then said look I'm calling the police and I cannot wait for that woman to tell me. Then I was obliged to say I stole it so that he doesn't call the police. Then he cut off the phone and said to me if I admit I stole it I said yes and started talking again he was angry saying that I'm fed up now I'm calling the police cause you're not ready to tell me. Then said that how are you going to explain to your partner if I call the social services because you stole £7 your daughter got taken away!! I stayed quiet and didn't wana say anything so they don't call the police. Now reading other threads I guess there will be a letter coming for me to pay for god knows what because the item was left un damaged. Shall I tell my partner �� I'm scared. I do not work to pay off any money to anyone. Please help me. They took my ID CARD with my details on it . And forced me to take my provisional license out of my wallet to show my address.
  16. Hello New to here and after a bit of experienced advice I have worked as a window fitter for almost 3 years now for a small local company and gone from being a 'fitters boy' learning the ropes to now leading a team and running my own jobs. I've learnt on the job from colleagues and completed NVQs along the way I started on a low wage with a view that as I learned and could do more my salary would increase, this didn't really happen and I only saw a small increase after a years learning. As it was a job with a friends family i stuck it out and cutting a long story short after being given my first job to run and then subsequent ones I had a review meeting with my line manager and the MD (she runs all HR, payroll, accounts etc as we're a small company) and it was agreed I would go from £17k to £24 which I was over the moon about and felt like I'd finally go somewhere. At the end of the meeting she said she'll need to write a letter to add a change to my contract and summarise what we said in the review meeting (plans for further training, planning for future etc) 4 weeks on after I had an accident which left me with a broken toe and received a parking ticket (which I offered to pay as it was completely my fault) I have been told I won't be getting my increase this month. Initially the MD wanted to hold it back for 3 months but my line manager fought my corner and so far has made it only a month. My main question is can she do this? After all we agreed a new salary as my responsibilities and role had got bigger and now I'm expected to work on my old salary and do more My second issue is with our working hours. The company hours are 0800-1700 (1 hour for lunch) and there is a clause that says from time to time it may be necessary to work earlier or later to meet the needs of a particular job and also that an extra hours worked outside these times would be collected as lieu time and can be taken back as time off or in exceptional cases paid as over time with our salary All of the above I'm fine with but a few weeks back our MD has emailed everyone saying that any time worked between 0700-0800 and 1700-1800 cannot be claimed as lieu time anymore and her justification is that if you work a bit earlier or later it shows you're going the extra mile will be taken into account when it comes to bonuses etc (which are discretionary) so potentially she could have 2 hours a day free work from us Is this change allowed without any kind of consultation? Sorry for the long post and I hope someone can help and perhaps I could one day share any knowledge I've got.
  17. Hi Received a statement from MKDP today for a statute Barred Debt. In June last year before the statue I sent a S77/78 request along with the £1.00 Postal Order clearly stating it was for the Fee incurred and not to be used for anything else. I didnt receive anything from my request. On their statement its gone down as payment received!!! The Debt was statute from Feb 2015 I thought this wasnt allowed??? Hadituptohere
  18. Hi all, first time poster but long time lurker and admirer! I am a former Bank worker (not Halifax) so know a little about complaints procedures but now need your help. For background - My partner was formerly in an abusive marriage. Her ex was emotionally, financially and physically controlling. All of this is documented in court papers and he is not allowed to see my partner's child and has no parental rights. During the course of the relationship, the two of them opened a joint bank account with Halifax (before he became completely abusive). My partner's debit card was at some point confiscated from her by him so she had no access to the account. During this time he attended a branch, obtained a form and forged my partner's signature in order to obtain a £2750 overdraft limit on the account without her knowledge. She had no knowledge of this overdraft (which he maxed out in really short order) until after the divorce proceedings had begun and he had had a restraining order placed on him. Halifax began sending chasers for payment to my partner. She put in a formal complaint which was rejected by Halifax and followed it up to the FOS which was also rejected. Naturally she wasn't best pleased attended the local Halifax branch where the Branch Manager managed to bring a copy of the document she had allegedly signed up on his screen and showed it to her. She then showed him several other documents with her signature on and he confirmed that it was clearly not the same signature or even close. He promised he would look into it and get back to her. Unfortunately he never did. After she chased him twice by email, he just stopped responding. My partner suffers from severe anxiety and depression as a result of the marriage so naturally thought this would be the end of it and simply put it to the back of her mind. This all happened before I met her. The current - Fast forward nearly two years with no correspondence from Halifax to March of this year. My partner received a letter from Halifax confirming that the account had gone past its OD limit and they were now expecting payment of the £86.54 arrears from her. We wrote a formal complaint email to the CEO and requested a DSAR so that we could have a copy of the signature. This was picked up by someone in the executive complaints team and we've been going back and forth with them requesting confirmation that my partner is not liable for the debt (as it was taken out fraudulently by her abusive ex) for the last 4-6 weeks until yesterday when we received what appears to be their final decision. they've completely ignored our request for a copy of the signature (although we are still due to receive the DSAR within the next 4 weeks), completely ignored any points we've made regarding the financial abuse, completely ignored everything - and now the account is being passed to collections, a default is to be registered against my partner and she has been issued with a formal demand for repayment as the account is "jointly and severally liable". As a former bank worker myself, I understand this point but surely this is invalid if we can prove that she did not sign for the OD? WHAT DO WE DO NOW?! I feel like we did the right thing by only corresponding via email/letter and emailing the CEO direct but I just feel like Halifax are completely steamrolling us and insisting she pay this debt. We've tried the local paper (and told Halifax we are contacting them) but so far nothing. Any advice you guys can give would be really appreciated
  19. Good Evening Forum Once again i am being taken to court by a doorstep lender. I had a loan with them paid in full then took a small loan with them again which they failed to turn up and collect, The whole reason i took the loan as its convenient and i am a full time carer so don't really get out much to do anything so really handy them coming to my house. I have explained to the company the reason why payment was not made and they said it was my responsibility to make sure i got them money to them, I explained that its a doorstep loan and agent should of called, They wont admit they done anything wrong or restart the payments again considering everything. I received in the post a money claim for £175.00 - I have done the AOS already Particulars of claim is vague how can anyone possibly make a defence around its particulars these are exactly how its written also there is no solicitors costs so assume they are doing it themselves Particulars of Claim Defendant has defaulted on repayments of an unsecured loan with this company There is no dates, no reference numbers, account numbers this could be for a loan already paid off nothing is clear?? The deadline ends tomorrow, I have done the AOS so now have till the 18th May to submit defence Any advice on what i should do would be so much appreciated Regards PCR
  20. To cut a long story short, my car broke down 4 weeks ago. Took it to my local garage who, after 3 days, diagnosed burnt exhaust valves. This shoudl take less than a week to fix and put back together. However they still have the car, in bits, after making various excuses about things going wrong, the latest one today is they need to take the head back off and send it to a machineing shop for some more work, and I 'should' have it back early next week. This will be over a month since I first took it to them. I've completely lost confidence now in their ability to fix my car. Do I have any rights re; taking my car back in its current state, would I be liable for any repair/parts costs? Thanks for any help
  21. On 14th March, I received a letter from Nat West Fraud department asking me to check the recent transactions on my credit card. I hadn't used the card for the best part of a year so I was immediately concerned by the letter and sure enough I logged into my account and found two transactions (19th Feb & 26th Feb) which I didn't recognise and which totaled just over £3600. There was also a £12 charge added by Natwest as an over limit fee since the transactions took the total above my credit limit. I immediately contacted the Fraud Dept using the information on the letter, and confirmed both the transactions as fraudulent, at that point I was also told of another attempted transaction on 3rd March which they had blocked and which had triggered them sending the letter, I hadn't made that one either. They then confirmed that they now had all of the details that they needed and that the transactions would be refunded within 5 days, they also mentioned sending a letter to me to sign in order to confirm the details. As of typing this, I haven't had a refund, nor had the letter which they wanted me to sign and return. On 18th March, a Direct Debit was taken out of my Bank Account to cover the £3600+ balance on my Natwest Credit Card, despite them being reported as Fraudulent 4 days earlier. I found an article online which said that although investigating the actual card fraud may take a "reasonable" amount of time, interest shouldn't be charged and payment shouldn't be requested by the card issuer until proof of liability was determined and provided. However Natwest decided to cheerfully take their payment, clearing the balance on 18th March, before any conclusion has been reached and whilst the investigation is clearly still ongoing. I contacted the Executive Office stating that it was two weeks since the fraud was reported and making an official complaint regarding the balance on the card being settled prior to any investigation being concluded, and telling them that I wanted the £3600 restoring to my Bank Account whilst the matter is still under investigation. This was met with a reply from the Executive Office, stating that my complaint had been received, apologising for me being mislead in relation to the amount of time I was told that it would take to investigate and refund the transactions and stating that it would probably take a further ten days for them to now investigate my complaint. Needless to say, the £3600 hasn't been refunded to my Bank Account, and that point has been entirely ignored. So my first question, is it ok for them to collect payment for Fraudulent Transactions from me after they have been reported and before any investigation has been concluded?, advice from other sources suggest that it isn't and that I should continue to pursue the refund, but where can I go to with the complaint next?, i've already complained to the Exec Office and I believe that the Ombudsman won't investigate until Natwest address my official complaint, and reply to it, which they effectively have eight weeks to do. I don't really care how long it takes them to investigate the transactions, provided they remain just a balance on the card statement, its the fact that i'm now £3600 out of pocket for card payments which I didn't make whilst Natwest drag their heels investigating the fraud, and now, also address my complaint. I've also reported it to Action Fraud and passed on the Crime Number to Natwest on my complaint to the Exec Office.
  22. Hello, I was apprehended by security in primark yesterday after I left the shop. I went back into the detention room and he searched my bag. He brought out the items I hadn't paid for and called the police on me. I really do not have an excuse for this and I am greatly ashamed. I panicked and started crying and apologizing, even agreed to pay the £95, now I don't know how that value came by because I did some exchange and paid some money via my card, I was too distraught to challenge it but that is not even the problem. The security man collected my provisional driver's license, wrote down my details and passed it on to the police men when they arrived. One of the cops went with the security man while the other sat with me. I wouldn't exactly call it an interview, he questioned me gently and went through the things I had which were all baby clothes (I have a 2, month old) I told him I needed to call to make sure my baby was alright but he said I could only do that at the station. I broke down into tears again and he offered to call my mum who was watching my kids and tell her I was with the police but well and fine. I declined this offer cos I didn't want my mum to know anything about what was going on. She would have been very disappointed. The process seemed to be dragging and I told the cop I needed to be home to breastfeeding my baby, he said I would have to go in with them and it was going to take a few hours. I started crying again, he asked if I had ever had a run in with the police and I said no. He said the only help he could offer if my trace came back clean was to call his sergeant and get clearance for him not to take me into the station so I could get home soon. Now, so many little processes were followed by primarily staff, such as refunding my money, giving back my exchange... But they were all a blur as I was in a state by then. The police took my children's date of birth and said they were going to pass it on to ss to make sure they were all right and I could get a visit or not. I refused to do this at first cos they are innocent in all this. Secondly, I was taken into the van and heard him call his sergeant and said something about caution or process on the street, I'm not sure of the exact words. He read me my rights and basically said I won't be taken to court if I pleaded guilty. Which I did. What is this street processing or caution? Will it go on my records for life? 3rd, primark gave me a printout saying I should expect civil recovery. Again what and how will this be handled. Lastly, I was taken home by the police, they wanted to make sure my kids were ok, I requested that they wait in the hallway cos of my mum. He agreed to wait outside the door but held the door open with his feet. I brought them to him and they left. I have been unable to sleep and I've berated myself for this foolish act. What a great price to pay for something so silly. Sorry this is a long post, I wanted to include as much details as I can.
  23. Hi all, Hoping somebody may be able to shed some light on my question.. I have a judgment against an individual. I have come to realise his name is misspelt on the judgment. Have been advised by the court to make a formal application to correct this using an N244 form 'Notice Application'. My question really is regarding what court fee I am supposed to pay. Ive read the official fee guide but it doesn't make it very clear regarding this type of application. Any thoughts? Ive already emailed the courts to ask but thought somebody may have the answer on here. Thanks in advance
  24. I have just received 2 attachments of earnings for old council tax debt. One is for £1070 the other £72.50. My monthly take home pay is usually around £1800 and this month I have been paid £1300. I have been on an online calculator and found out that they should have had £317 for the first order so with this takeb off I would have been paid £1483, even if the entire amount of the second order was deducted I would have been paid £1411.50. I called them and they even said that I shouldn't have paid this much but in a word tough! Is there anything I can do. I was expecting maybe £300 and budgeted accordingly but this has left me very short and if they do the same again next month I don't know how we are going to manage. Surely if the law says 17% for each order thereference must be something I can do? Please help back to work tomorrow and am very worried
  25. Hi everyone! I have read previous threads in this forum, but have began panicking and would much appreciate personal help! Long story short, my direct debit of £9.99 bounced on the 5th of August due to lack of funds, and I fully admit responsibility. I was on holiday until Tuesday, and returned to a letter dated 6th August saying that the £9.99 plus £25 admin charge will be taken from my account on the 16th, and will not be able to stop after the 14th (tomorrow). I emailed the company on Tuesday (after reading threads advising to stay off the phone) however have had no reply other than a generic thank you for your email which I received yesterday. In my email I stated I would be happy to pay the £9.99 on the 16th, however should they take the £25 I will be unable to pay my next monthly instalment and would need to cancel my membership. I was hoping they would waive the fee as this is a first time offence. I haven't used the gym in two months, so would be looking to freeze my membership anyway, but I don't want to cancel the direct debit if it will result in further letters and a damaged credit rating. I am desperate to get this sorted today so they don't take money I don't believe is theirs (admin charge). Any advice would be gratefully received! As a side note - I have since looked up my membership terms and conditions, and the email given at the time of joining says I have paid no admin fee and am paying £9.99 for 11 months. I joined in the gym, with a member of staff, however she charged me £10 admin fee and I was not told it was a year contract at any point. Is this enough of a reason to phone the gym and complain? Again thanks for any help!
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