Jump to content

droddis

Registered Users

Change your profile picture
  • Posts

    98
  • Joined

  • Last visited

Reputation

1 Neutral
  1. Sorry title should read "payday loans" my mind going faster than my fingers!
  2. I've had a bit of free time today, and my mind has been working over time, as per usual! Couldn't a payday loan be considered unfair under the unfair terms in consumer contracts regulations 1999 (UTTCR). Clearly other than the astonishing interest rate the contract is not individually negotiated in so far as the charges are set in stone irrelivant of the period the money is borrowed for. if i borrow £100 for 2 days i pay £25 in interest, and if i borrow £100 for 30 days i pay £25 in interest. Which is clearly unfair and biased to the loan compnay, as who needs a one month loan the day after they've been paid! Maybe someone with more knowledge will be able to clarify if this correct. Also sorry if this is in the wrong forum i didnt know whether to go in here or legal! David
  3. Hi to everyone, and thanks for all your help. Just to update everyone, it was decided that we can do with out the stress of another court case as we have been in and out over the last few months, with various thigns, and have just admitted the claim and offered payment of £20 per calender month, which was accepted! David
  4. Hi Everyone, I am posting this on behalf of a friend. I have been told she went to get change and the road was icey and she was wearing unsuitable walking shoes and when she came back already had a parking ticket, and therefore didnt bother to purchase a ticket, which is clearly what they should of done. I have looked at the location on google street view, in relation to positioning of the signs, knowing they must be at least 5m from the either end of each bay, and spaced no greater than 30m apart. My question is there is a sign a one end of the bays, and the machine at the other, both within 5m of the end. Does the machine count as a suitable sign? I assume it does. The markings look to be correct and I can't see any problem. Could someone please check to see if the ticket has been issued correctly and there are no errors or missing information, the colour of the car is recorded incorrectly but i also assume this can be corrected as an administration error? Thanks Everyone David
  5. The second injury was classed as the same course of treatment by the insurer, as it was a bipolar condition, they sent me lots of jargon, but I couldnt understand any of it, it may as well of been in another language. The 1st Vet (the claimant) said the fee would be another £3300 but the insurance wouldnt cover it, all and was offered to do the treatment on my credit card!! which of course i couldn't afford, he was aware at this time i was on income support. I then went back to my local vets, who had refered me to the private hospital. They said could I take my pet to a different hospital where they would do a similar procedure for £750. This was of course settled by the insurer as the balance was available. I am unaware if the claimant attempted to contact the insurer for the second payment. I dont think they have sought legal advice, as there particulars of claim are extremely brief, no supporting documentation has been provided and the claim is in the vets name who perormed the surgery. There is also no claim for Solicitors fees. I do not fully understand what the £800 is for, i think it is the second consulation, but the claim says just says for orthopedic surgery on the 3 dates the pet was in. I will phone LD now, and see if they can help.
  6. We were aware of the cap before hand, but the vet was also aware we were on income support and couldnt afford to go over the limit. But with the quotation he gave this wouldn't of been a problem. He was paid for the the main part of the operation from the insurance as I said, which is why the insurance paid out on the second operation at the other hospital. I have contacted the insurer and as far as they are concerned the matter is settled and aren't interested in pursing the difference in cost between the two procedures, and said I had to deal with the claim on my own. I acknowledged the claim, stating that I intend to defend the claim. and the defence is due at the court on the 8th November. I believe that i may have access to a free legal information service from lyons davidson, so i will attempt to contact them to find out. If not where is the best place to go to get advice, would I be best contacting a solicitor or going to the local C.A.B
  7. Hightail, thank you for the response, I have briefly read the information provided, but will need to read into more detailed tommorrow. I have notice that the guidance sets out various responsibilities which i believe should have been followed. My Query at the minute is I need further information from the claimant to determine exactly what he is claiming for, as part of the majority of the bill has been settled. Do I still need to file a defence as there is a time limit? how do i get this information?? Thanks Everyone!
  8. Does anyone know whether there is a defence to this?
  9. Yes sorry, this is in the county court. 1. I cannot remember recieving a bill from the vet, there are no documents with the claim. 2. The insurer never wrote to say what has been settled but did inform me of my limit and explained i would be responsible for anything over the £4000 limit. 3. The Vet never informed of any additional cost, i was told the first consulation was £180 and the full procedure would be between £2800 - £3500. 4. In regards to the x-ray, afterwards i was informed I could of had the x-rays done at my local vet and they would of been about £180 each. The second procedure was £750 including ALL x-rays, and the second vet said in his opinion the procedure was actually better than the first one carried out.
  10. Ok, so i took my dog to the local vet as he had a limp on his rear right leg. The my vet advised me he needed to go to the hosipital to see a consultant and asked if i had pet insurance. I did and they refered me to the hospital. I had a consultation with the Vet and he said he needed to perform orthopedic surgery to repair the leg. and stated the bill would be between £2800 and £3500. The vet went ahead and did the surgery and the bill was settled by the insurance company for approx £3300. The vet then booked him in for a follow up examination where he did an x-ray. He then added £600 for an xray to bill and £180 for the consulation to the bill. It was never explained that this was an additional cost and not included in the procedure. My pet then developed the exact same problem on the other leg we took him to the local vet again and explained that the insurance only had an available balance of £700, they explained they could do an alternative procedure for £750 including all after care, and refered us to a different hospital, the procedure was done and the bill settled. The first hospital is now pursuing the balance of the after care, which i believe had already been paid by the insurance in the origional payment of £3300. My questions are follows. Do i have a defence to being overcharged, or the additional cost not being clarified (or would this be considered a quasi-contract?) Do I have a defence for negligence as they failed to offer alternative procedures (would this apply to my vet or the 1st hospital) If not is there any defence? The Particulars of claim are brief and as folllows: * Unpaid treatment cost for pet after recieving orthopedic surgery on the following dates xx/xx/xx. xx/xx/xx. * Efforts to contact clients with regards to payments of the invoice proved unsuccessful. *total amount outstanding £800. I can not afford to pay this bill as i am currently recieving income support and on a very low income.
  11. Firstly sorry if this in the wrong forum! I went on an online comparision website and asked for my details to be passed to an FSA registered stock broker about 5-6 weeks ago. I was contacted by the broker and was told about cetain investments, something didnt seem right while talking to them and i chose not to invest. It has recently come to my attention, that the comparision website sent my information and it was recieved by a different company to the one they said and intended it to go to, and that the company who recieved my information is an unregulated boiler room and being investigated by the serious fraud office. I have recieved the a letter stating this from both the SFO and the company itself. My concern now is who has my information, what was sent to them, and even worse is there anything they can do with it? Is this a breach of the data protection act and if so what can i do about?
  12. Hi does anyone have an example of a list of documents that need to be submitted in the county court for a repossession case?? There are three documents which i wish to rely upon. I dont have any other documents that are of relevance other than the contracts the bank has submitted already. I need to have this done by tonight and am in a quite a mess at the minute! Thanks David
  13. Does anybody have an example list of documents? and know which documents i have to provide and which i dont?? If anyone can please help it would be much appreciated! Thanks
  14. Can anybody help as i need to have this in the post by tommorrow afternoon? and i'm panicing now!
  15. Yes this is in the county court. The repossession is the result of a mortgage/bridging loan/secured overdraft (all three terms have been used) and non repayment (which is disputed they are entitled to at this point). We are defending on grounds of mis-representation. The mis representation is as follows: When the agreement was origionally setup the bank verbally agreed to roll up the interest on the mortgage until the sale of the property (there was no sale pending, but on the advice of the estate agent it should sell quick (in the halcyon days of the property boom)). The bank set up an agreement stating nil payment would be required with a credit limit - when questioned they said the limit would be increased as required (this was done on three occasions). After 12 months the bank claimed the agreement ended and there is a clause in the written agreement stating 12 months, in the origional meeting we were told this was standard practice and agreement would be renewed until the sale (hence the reason for signing). There is also a statement in the agreement suggesting it would run until the sale of the property. The bank refused to renew the agreement and therefore the account went into arrears (in their opinion) and they demand payment in full as per default on the agreement. We are claiming the contract was mis represented as if the contract was explained to have required a monthly payment of interest, the household income wouldn't have covered the full amount (let alone leave money to live on), and i could not have entered into the agreement. ____________ What do you mean by not protected by priveledge?? The only documents I have which are of any interest are: a) My Annual accounts showing that the contract could not be financially fulfilled. b) A letter from the banks customer engagement team - which was received after the claim but contridicts the particulars of claim. c) And the witness statement submitted by myself (to be done on by 15 Feb). d) The contracts which the bank have already submitted as evidence by the banks. The information i would like to see from the bank is clearly the attendance notes held by them to see if they support my arguement. Thanks
×
×
  • Create New...