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Found 19 results

  1. My sister has been getting DLA at £88 per month, I recently filled in her PIP forms with help from her care home and have been informed her payments will be £110 per week. Nothing has changed in her circumstances just wondering how there can be such a difference.
  2. My daughter took her ex to court over monies he owed her, currently standing at over £6k. She won but he paid her nothing a year later she went back to court and the judge awarded her a Charging Order over his property (he co-owns with a previous ex). She has tried to register the Charge with the Land Registry but they appear to have awarded a Restriction. What is the difference and what should she do?
  3. SECTION 75 (Only) Protection when buying Goods using a Credit Card - Section 75 Claim By law, if you've spent between £100 and £30,000, providers should refund you if there's a problem with your purchase. But this vital consumer protection, known as "section 75" claims after the relevant clause in credit law, can be denied to customers, even after a refund has gone through. This is due to a little-known loophole that means section 75 claims can be reversed. Other borrowers complain that drawn-out compensation claims have left them without any goods or their money back under Section 75, due to the lack of a legal time limit when resolving claims. The Financial*Ombudsman*Service, which said it receives a significant amount of Section 75 complaints by consumers each year, said that even savvy consumers commonly misunderstand when they are due compensation. Common misconceptions include that you are not protected if you use your credit card abroad you are and that you must need to take the retailer to court before making a claim you don't. Your refund rights under section 75 Shoppers who use a credit card are protected by laws dating back to the Seventies, which apply to goods or services bought online, in person or over the phone. Under Section 75 of the*consumer credit*Act, the credit provider is equally liable with the provider of goods or services where there is a breach of contract or misrepresentation. When a credit card provider makes a refund, it is surprisingly common that it doesn't claw back any money from the retailer, essentially this is because the credit card company may regard it as more effort than it's worth. But what banks don't tell you is that any reversed transaction can be charged back, if a retailer raises a dispute. There is also no legal time limit for card providers to consider claims, meaning a Section 75 dispute can last several months.... or even years. However, in practice, as card providers are regulated by the Financial Conduct Authority, then they must respond to complaints in accordance with their policy. So if there is no response then it is best to raise the issue as a complaint to try to force a response. Many Section 75 claims turn into lengthy disputes - especially where it is difficult for consumers to prove how their purchases have failed to be supplied as promised. Section 75 Rules Under these conditions, the lender will have equal liability for misrepresentation or breach of contract by the merchant. Purchases must be between £100 and £30,000 Goods or services must be bought using a credit card - or any purchase involving pre-agreed credit, such as a point-of-sale loan or some store cards The amount of credit provided to the consumer towards the purchase must not exceed £25,000 There is no time limit to make a claim, but the statute of limitations is six years (five in Scotland) - the deadline for pursuing a claim in the courts Added rules around section 75 The retailer has 45 days to dispute a reversed transaction, and a further 60 days to gather evidence There is no time limit for card providers to consider your claim, although you can take your case to the Financial Ombudsman Service (FOS) after 30 days Claims might be rejected if there's no direct relationship between the borrower and the shop...if you pay money into a PayPal account, then buy an item and pay for it using the payment platform. Protection when buying Goods.pdf
  4. SECTION 75 (Only) Protection when buying Goods using a Credit Card - Section 75 Claim By law, if you've spent between £100 and £30,000, providers should refund you if there's a problem with your purchase. But this vital consumer protection, known as "section 75" claims after the relevant clause in credit law, can be denied to customers, even after a refund has gone through. This is due to a little-known loophole that means section 75 claims can be reversed. Other borrowers complain that drawn-out compensation claims have left them without any goods or their money back under Section 75, due to the lack of a legal time limit when resolving claims. The Financial*Ombudsman*Service, which said it receives a significant amount of Section 75 complaints by consumers each year, said that even savvy consumers commonly misunderstand when they are due compensation. Common misconceptions include that you are not protected if you use your credit card abroad you are and that you must need to take the retailer to court before making a claim you don't. Your refund rights under section 75 Shoppers who use a credit card are protected by laws dating back to the Seventies, which apply to goods or services bought online, in person or over the phone. Under Section 75 of the*consumer credit*Act, the credit provider is equally liable with the provider of goods or services where there is a breach of contract or misrepresentation. When a credit card provider makes a refund, it is surprisingly common that it doesn't claw back any money from the retailer, essentially this is because the credit card company may regard it as more effort than it's worth. But what banks don't tell you is that any reversed transaction can be charged back, if a retailer raises a dispute. There is also no legal time limit for card providers to consider claims, meaning a Section 75 dispute can last several months.... or even years. However, in practice, as card providers are regulated by the Financial Conduct Authority, then they must respond to complaints in accordance with their policy. So if there is no response then it is best to raise the issue as a complaint to try to force a response. Many Section 75 claims turn into lengthy disputes - especially where it is difficult for consumers to prove how their purchases have failed to be supplied as promised. Section 75 Rules Under these conditions, the lender will have equal liability for misrepresentation or breach of contract by the merchant. Purchases must be between £100 and £30,000 Goods or services must be bought using a credit card - or any purchase involving pre-agreed credit, such as a point-of-sale loan or some store cards The amount of credit provided to the consumer towards the purchase must not exceed £25,000 There is no time limit to make a claim, but the statute of limitations is six years (five in Scotland) - the deadline for pursuing a claim in the courts Added rules around section 75 The retailer has 45 days to dispute a reversed transaction, and a further 60 days to gather evidence There is no time limit for card providers to consider your claim, although you can take your case to the Financial Ombudsman Service (FOS) after 30 days Claims might be rejected if there's no direct relationship between the borrower and the shop...if you pay money into a PayPal account, then buy an item and pay for it using the payment platform. PROTEC~1.PDF
  5. SECTION 75 (Only) Protection when buying Goods using a Credit Card** - Section 75 Claim (** or any method of Finance covered by the Consumer Credit Act) By law, if you've spent between £100 and £30,000, providers should refund you if there's a problem with your purchase. But this vital consumer protection, known as "section 75" claims after the relevant clause in credit law, can be denied to customers, even after a refund has gone through. This is due to a little-known loophole that means section 75 claims can be reversed. Other borrowers complain that drawn-out compensation claims have left them without any goods or their money back under Section 75, due to the lack of a legal time limit when resolving claims. The Financial*Ombudsman*Service, which said it receives a significant amount of Section 75 complaints by consumers each year, said that even savvy consumers commonly misunderstand when they are due compensation. Common misconceptions include that you are not protected if you use your credit card abroad you are and that you must need to take the retailer to court before making a claim you don't. Your refund rights under section 75 Shoppers who use a credit card are protected by laws dating back to the Seventies, which apply to goods or services bought online, in person or over the phone. Under Section 75 of the*consumer credit*Act, the credit provider is equally liable with the provider of goods or services where there is a breach of contract or misrepresentation. When a credit card provider makes a refund, it is surprisingly common that it doesn't claw back any money from the retailer, essentially this is because the credit card company may regard it as more effort than it's worth. But what banks don't tell you is that any reversed transaction can be charged back, if a retailer raises a dispute. There is also no legal time limit for card providers to consider claims, meaning a Section 75 dispute can last several months.... or even years. However, in practice, as card providers are regulated by the Financial Conduct Authority, then they must respond to complaints in accordance with their policy. So if there is no response then it is best to raise the issue as a complaint to try to force a response. Many Section 75 claims turn into lengthy disputes - especially where it is difficult for consumers to prove how their purchases have failed to be supplied as promised. Section 75 Rules Under these conditions, the lender will have equal liability for misrepresentation or breach of contract by the merchant. Purchases must be between £100 and £30,000 Goods or services must be bought using a credit card - or any purchase involving pre-agreed credit, such as a point-of-sale loan or some store cards The amount of credit provided to the consumer towards the purchase must not exceed £25,000 There is no time limit to make a claim, but the statute of limitations is six years (five in Scotland) - the deadline for pursuing a claim in the courts Added rules around section 75 The retailer has 45 days to dispute a reversed transaction, and a further 60 days to gather evidence There is no time limit for card providers to consider your claim, although you can take your case to the Financial Ombudsman Service (FOS) after 30 days Claims might be rejected if there's no direct relationship between the borrower and the shop...if you pay money into a PayPal account, then buy an item and pay for it using the payment platform. Protection when buying Goods.pdf
  6. Hi, I was recently convicted of benefit fraud, during my case my prosecutor kept making personal attacks against me. I made the mistake of letting the court know that I suffer from sever social anxiety and can't handle confrontation. it made me suspicious as to why he would do this when a piece of evidence that he told the judge of how much I had illegitimacy received over the time period of my claim I calculated there was an error in the numbers. When I applied for benefits I let the job center know that I had over the £6000 limit in savings, so if my national insurance contributions had run out there was no way I could have received £70 a week. I tried to tell my solicitor, but because the prosecutor heard me try to tell my solicitor of the error, the prosecutors abuse escalated causing me to turn in ward and not be able to think. I was only latter that I realised that my solicitor had not been provided with this information when I looked through the evidence that was supplied by the investigators. I believe that this infringes on my human rights to a fair trial. This was also not the only problem with my case. When the DWP decided to pass my case on to the crown prosecution service, it took another 10 months before I was called into court to answer charges and have a court date set. It took another 3 months for my trial to happen, but my trial was canceled because the prosecutor had scheduled another trial on that same day that over ran and my trial date was pushed forward another 3 months, when I heard of the error in court my time limit of 13 months to appeal the DWP decision had run out. I have tried to appeal through the tribunals but the judges are not interested in hearing what I have to say and just tell me my time to appeal has run out. Does Social Security Administration Act 1992 s116 (2) apply to my case and could you tell me of any other laws or decision that could help as there as been gross abuse of process. I can no longer find work in the area I am educated in, can you help, my situation has become very desperate. Thanks, suffy
  7. How do these work exactly. I have a loan with Mobile money but they don't have the log book as they gave me the loan when I first had the car and had sent off for the log book. As I am now in financial difficulties with them, how can they seize the car without the book? Also, could I still sell the car and then pay them back rather than them seizing it and selling it cheap?
  8. Hello, I am a newbie here. Hi, curious to know what Difference Between the current default Balance is? I have 3 defaulted account 1 shown the Default Balance as 2198.37 & the Current Balance as £2002.56 The Other One Shows the Default Balance as £567.00 but The Current Balance As £577.00 in the Third one both the Default & Current is the same . but I have not Acknowleged it or made any payment to any of them since the Default appeared. what do these mean? Current vs Default and in the context of my file . P.S : I noticed these Balances changed somewhere during the last year one's current balance went up the other down Kind Regards,
  9. I have an old catalogue debt that I am planning to SAR but there is a discrepancy between the balance at default and the balance that was passed to debt collection agency. I have it in writing from the collection agency that this is not something they have done, they have not added any interest etc on to my account and I have all the statements from them which clearly show this. So I was wondering if I should edit the SAR letter slightly to ask what the difference with the balances is? Or will that be evident in what they send for the SAR anyway? My current balance is less than this difference so if I can find out what this is and claim it back it will be one debt cleared!
  10. Am I right in thinking that the HCEO employ there own bailiffs and there are also independent bailiff companies and are they part of the HCEO ?
  11. My noddle report is pretty poor as it has 2 defaults on it which are 5 years old (and both currently being disputed). Today I paid the fee and viewed my experian report and that says I have excellent credit and no record of the 2 defaults? I have an old experian report from 2012 and that has one of the defaults on it, but not the other, but now they no longer appear on it. I even called experian to check, and she said there was no active record for them, so they are not part of the credit report. My 2012 report was in the region of ~700, but now it's mid 900's, and even says at the top that it has improved because there are no longer delinquent or defaulted accounts on it. One other thing that confuses me is that Experian have no record of my current bank account. They have my main bank account down as an old closed Barclays account. Again, I asked them and they said if the account was opened over 10 years ago it may be that my bank never agreed to share the information. So my credit score is now so good, do I risk calling my bank to ask them to share info? I've been a customer for 15+ years, have a 1500 OD that I basically live in. This may look negative!
  12. I received a letter from one of the debt companies that have taken over a debt I had for £165 they offered me a settlement payment of £50 so I took this offer and I have paid the £50 The guy I spoke to was rude and very unhelpful! He told me that this account would show up as Settled instead as Satisfied .. If I were to pay the £165 then it would be satisfied, he then went on to ask me a number of questions as to why I could afford to pay £50 but yet I can not pay £165. So I am wondering what the difference between Satisfied & Settled is ?
  13. Can anyone help on this one? We haver taken over a small business (fitness centre) this is in a larger building (a rugby club house) and is leased from them. The rent in 2008 was £10000 pa. We have half the first floor for an office, changing rooms, reception area, studio and gym, total area 350 sqm. The other half of the first floor belongs to the rugby club and has an office, reception area, changing rooms and a bar/conference centre/kitchen, total area 350 sqm Both premises were valued by the VOA in April 2014. We are valued at £16250, the other half of the first floor is valued at £7000. At first sight, this seems horribly iniquitous (as well as putting us at a major disadvantage relative to other local fitness centres) and I'm trying to work up to the formalities needed to contest this. But before I start, am I missing something obvious… is there a reason that I don't know about which will explain the discrepancy?
  14. Hoping to go away a few times this year and am looking at travel insurance. I've been given quotes that range from £30-£100 ish. But is there really that much difference between the insurance that each company offers? I've had a look on compare the market and put my details in to see what comes up. I am aware that some compaies won't come up on comparison websites.
  15. Now this may seem like a silly question and I may have got this totally wrong. Having read several threads on this forum it seems like there are two types of CCA replies for unsecured credit card debt. One seems to relate to post 2006/2007 CCA's and the other to pre 2006 CCA's. For the pre 2006 agreements it would appear that only a genuine exact copy of a signed CCA is sufficent for the creditor to be able to enforce the agreement. However for a post 2006/2007 agreement it would seem that an unsigned generic agreement will suffice. Is this correct or have I got it entirely wrong? Would a forum expert or two (or more) please take the time to tell me what to expect from a CCA request. I have several credit cards all either year 2000 or earlier. What would any creditor be required by law to provide me with in order to fully satisfy any CCA request made by me? I'm somewhat confused, as it seems that different posters have different opinions. Some say no signed agreement means that the agreement can't be enforced. whilst others disagree and say otherwise. Please forgive me if this question has already been asked, and thank you for taking the time to read this opening post. I look forward to your replies.
  16. Hi, I have received a TE3 ORDER FOR RECOVERY of unpaid Penalty charge (Parking). I'm within my time period to reply. I have been sent a TE9 form (Filing witness statement), but on reading through various posts online, I'm now confused as to which form I need to fill. The reason I haven't paid the PCN is because I made a representation to the council and they haven't replied back. So what is the difference between TE9 form and PE3 form. When should each of these forms be used. Thanks for your help in advance.
  17. Hi I recently sent a CCA request for the card I took out with RBS in 1999. This was an Advanta card. A few years later the card changed to Mint. My CCA request produced the information for the Advanta card but not for the Mint card. Can anyone remember if the T & Cs were different for the Mint card and if a new CCA had to be signed? Thanks suvin
  18. Hi What is the difference between a Parking charge notice and a Penalty charge notice? tx
  19. Hi could someone please explain the difference between LPA & Fixed Charge Receivers? Have recieved a letter from the LPA receivers solicitor refering to the fixed charge receivers. Have ust read that LPA receivers are incorrectly refered to as fixed charge receivers but it doesnt explain the difference. Any help would be appreciated thanks.
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