Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

DuffNCustard

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    249

  • Joined

  • Last visited

  • Days Won

    3

DuffNCustard last won the day on November 13 2012

DuffNCustard had the most liked content!

Reputation

236 Excellent

1 Follower

  1. Anna1s1 started following DuffNCustard
  2. DuffNCustard
    I used booking.com to book a hotel near Frankfurt for two nights in October this year, 12 Oct. and 10 Oct. I paid in full using a credit card for both nights. I have requested a cancellation and have been informed that I will forfeit the full price. An email has been sent to me requesting that I confirm either acceptance of this or do not cancel my booking. I have a notion that despite the fact I did not insure my booking, I am entitled to a refund, on the grounds that they have ample time to find another 'punter' and that they have had the use of my cash for 3 months now. Is this the case and if so what legislation can I quote back to booking.com/ hotel.
  3. DuffNCustard
    National debtline has some good info:- https://www.nationaldebtline.org/EW/factsheets/Pages/18%20EW%20County%20court%20-%20interest%20charges/Default.aspx Plus the creditor MUST send you at least one statement a year. They cannot back-date statements either
  4. DuffNCustard
    They can try - but they need to apply to the court. Contacting you and making such demands might be construed as harassment, so log the details and file in your records just in case you feel like pursuing a complaint against them in the future. Now have a brew and settle down with a nice cup of tea and enjoy shouting abuse at the politicians on the tele
  5. DuffNCustard
    then breathe easy because they've got more chance of collecting it than I have of sliding down a moonbeam -- oh dear how sad never mind. You have a CCJ that states how much you owe and at what rate your monthly payments are and it binds them as well as you.
  6. DuffNCustard
    If the 'added debt' that you refer to in you last post is included within the original CCJ then any interest or charges accrued by the bank on the side is not enforceable unless they meet the two conditions I mentioned above ie have a clause in the original contract with you - and they need to be able to prove it and they must have sent you at least one statement a year; then they may have grounds to try to enforce it but they would need to put another CCJ claim in. I reckon that this would be very unlikely as the case law relating to this indicates that they would not have a 'cast iron' claim. It all hinges on whether or not the interest being accrued by the bank stems directly from one of the debts that were bundled up in the CCJ behind your CO - its not clear from what you have posted if this is the case or not. If it is to do with one of the debts already enforced by the CCJ then don't go poking at it or trying to figure out what the bank may or may not do leave it alone, the CCJ now defines the terms of your debt and you are paying it each month as required If this interest is completely unrelated to the CCJ and stems from another debt/s entirely then we will need to attend to that separately or depending upon the detail leave it alone entirely all up I don't think you have too much to worry about.
  7. DuffNCustard
    They may very well be but there is a CCJ in place now secured on a property. The amount awarded on the CCJ is an absolute amount comprising of outstanding loan amount, court fees, solicitors fees and interest. Considering the amount of 'interest' made on the claim the debate has been whether or not it was statutory interest at 8% or whether it was contractual interest at ??% or a combination of both. The claim was upheld and the CCJ now supercedes the original loan contract(s). If the creditor is accruing interest in addition to the amount of the original claim, there would need to be a clause in the original contract (and there may be several contracts involved) stating that contractual interest would be applied in the event of a default and any subsequent judgement. Further the creditor is required to provide a statement showing the transactions of interest on the account at least once a year. If these two conditions are met the creditor would then need to make a new and separate claim to recover this accrued interest. If these two conditions are not met then the creditor can accrue away - its of no consequence to the debtor, it is unenforceable. From the information provided on this thread I would advise pay the amount on the CCJ (it is too late to challenge any of the original claim components) and if they decide to try and shovel more of your money request that they prove the debt and do them for harassment. I don't think you will hear much more from them - oh and don't depend upon them to clarify anything for you they have a vested interest in keeping you confused and worried
  8. DuffNCustard
    I would add to the excellent advice already given here, that you bone-up on facts about consumer debt. I too was once a debtor with a seriously large amount of debt, I found that the National debt Line website was an exceptionally useful source of information: https://www.nationaldebtline.org/ Finding out all the facts as they pertain to you and getting all the good advice here will enable you to 'take charge' and select a course of action. A well informed person backed up by the great folks here will not be intimidated or dictated to by creditors.
  9. DuffNCustard
    Sorry for being dense but I do not understand - is there a way that I can use VISA to get my cashback?
  10. DuffNCustard
    I used my Visa card
  11. DuffNCustard
    I bought a printer from Amazon on 22 Jan this year. It was advertised with £60 cashback if you also bought some ink to go with it. So I did. To claim the cashback you have to register at the EPSON UK websites (allowing them to use your data) and provide proof of purchase that shows all the details. I provided my Amazon order acknowledgement and my Amazon invoice. Each document showed all the details being requested by EPSON. Both were rejected with no explanation. I have asked Amazon 3 times to provide me with a VAT invoice, it has not been forthcoming. I know I am being yessed to death so that I cannot claim my cashback. What course of action is open to me. I am absolutely livid. I'd be very grateful for any suggestions
  12. DuffNCustard
    Many thanks for your replies. Is there a form A restriction? No , in fact the only thing registered against the property is the mortgage.
  13. DuffNCustard
    We bought the house on a mortgage as Joint Tennants. My husband received a CCJ that was secured by a charge on his share of the property, which I understand changed the ownership to Tennants in Common. The CCJ was paid in full and the charge has been removed from the property, we have all the documents confirming this. Will ownership now have reverted back to Joint tennants or is there something we need to do to make it so. Grateful for any advice and guidance on this one.
  14. DuffNCustard
    They don't have to accept but you should nevertheless make the offer. If you fail to reach an agreement with them then you can opt for mediation. This is done through the court and can be performed via a conference call. If that fails then the creditor can seek to force the forthwith payment (bankruptcy) given that the judge instructed that a repayment deal be thrashed out you should strain all sinews to try and secure one. Then if it fails and you do end up before the old beak again your efforts will stand you in good stead. You could then apply for a redetermination (I think that's what it's called) which is where you ask a judge to decide the monthly amount. In this case they would have to accept the payment but are likely to ask for a charging order as a quid pro quo
  15. DuffNCustard
    Regarding those idiotic interest charges, they cannot apply them to your balance unless they provide you with a statement at least once a year. In defending this claim you should dispute this amount citing no statements received, if indeed that is the case, and that therefore you are unable to audit (use that word) the claim fully.
  16. DuffNCustard
    If they have been adding interest the fact that they have not sent you a statement means they can whistle for the amount charge over the years in interest plus of course the 'interest on the interest'. To apply interest they must send you a statement every six months. The can't send you a statement next month with all the interest since 2007 etc backdated either, only 6 months worth. I'd keep shtum

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...