Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default PLEASE HELP =( halifax and blairoliverscott

    Hey, well after yrs of burying my head in the sandicon ( not answering the phone, opening mail or even bank statements) I applied for online banking to TRY and regain control of my debts by allowing me to see whats happening in my acc's, heres what I discovered =(

    I have a credit card with Halifaxicon, the limit is £500 the balance is £1100 (600 being in charges)

    I also have a current acc which has an overdrafticon limit of £1250, i went over this 18 months ago and could not keep up paying the charges so had all my money paid into my cardcash acc, then in feb 08 i paid £200 into my current acc bringing it back within the overdraft, it is now sittin at £1500 again the 250 is all charges=(

    I pay 80 per month to moorcroft for my current acc aswel as transferring 40 per month into that acc myself so in total 120 per month.

    I then looked at my credit card acc and set up a transfer from my card cash acc of 40 per month to help pay that HOWEVER I noticed on my cred card that I apparently paid 100 on 2/2/09 an 100 on 29/1/09 with the next payment being marked as due on 28/2/09. there was a phone number which i called and it was blairoliverscott!!

    I have now viewed my cardcash statements and can see that blair oliver have helped themselves to 200 in 3 days and it appears they are going to continue doing so.

    Is there anything I can do?? I know its my fault I am in this mess but I am trying to get out of it =(
    j


  2. #2
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    Hi,

    Others will advise more here, but you need to open another bank account with a bank that has no connection with HBOSicon.

    They will say that their terms and conditionsicon say they can offset credit card debt, and they can take a percentage of your "disposable" income. However, they cannot do this until you have paid your mortgageicon, council tax, and other major expenses. If they can see debit card payments to restaurants, fashion shops, cinemas, etc., they can argue their point. However, if all you are paying is living expenses - groceries, utility bills, petrol, etc., that is much easier for you to argue.

    You should contact the Financial Ombudsman Service first thing tomorrow and explain the situation to them. Barclaycard did the same to me, and after I spoke to fosicon they refunded it.

    Good luck.

    DD


  3. #3
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    thanks I'll call them tomorrow, I was also going to call blairoliver do you think this is pointless?

    j


  4. #4
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    yes
    NEVER talk to a DCAicon on the phone.

    so when did you give BOSicon the permission to take money from your A/C
    what is it to do with?

    dx

    GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
    Credit Reference Agencies:Experian Equifax CallCredit <<<<CRA FILE INFO IS HERE<<<<

    1. Single Premium PPI Q&A Read Here
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    rather than hittting to be my friend - hit the star
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  5. #5
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    I have never authorised them to take any money from my acc EVER. It is concerning a Halifaxicon creditcard which i had 3-4yrs ago the limit was 500 I now owe 1100 so the 600 extra is late payment fees etc, initially i tried to pay but the fees along with charges just eft me in a vicious circle so i buried my head. when i added the card to my internet banking to start making payments (i set up £40 pm s/o) i noticed that it had two 'payment recvd with thanks' dated 29 jan 09 and 2 feb 09 which i did not make!! i checked my cardcash acc and noticed to withdrawels of £100 on these dates, having read through stuff here I now kno blair oliver are bank of scotlands in house debt team, it says on my cred card the nxt payment is due on 20th feb and the min payment is 900 as this is what is now outstanding =( I'm guessin that they will just help themselves again unless I move all my money elsewhere?
    j


  6. #6
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    also can anyone advise on how to deal with the constant phonecalls from DCAicon?? currently I do not answer my home phone and reject calls from numbers that are withheld, private or unknown to me on my mobile, can I answer and tell them to stop calling me? and do they have to listen?
    j


  7. #7
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    Hi, j.

    You could try sending them this, whether or not it will work is debatable


    - HARASSMENT WARNING -

    WARNING: PROTECTION FROM HARASSMENT ACT 1997

    WARNING: COMMUNICATIONS ACT 2003. s127.

    Telephone Number:

    Re: Harassment by Telephone



    ** *** 2009


    Dear Sir/Madam


    I am writing in relation to telephone callsicon that I have received from your organisation, which I deem to be personally harassing. I have requested that these calls stop, but I am still receiving calls. I now require the telephone number listed above to be completely removed from your systems.

    I am in the view that your continued calling puts you in breach of the Protection from Harassment Act 1997.

    This is a private telephone line, operated on a contract with the intention of receiving and making personal phone callsicon, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

    By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

    It is my right to require that this telephone line, which is licensed solely to myself, is kept clear for my own personal calls.

    It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

    Continued interference with my contractual rights in this manner will result in legal action.

    If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you will be liable for a substantial fine.

    Be advised that all telephone callsicon from your company will be recorded.


    Regards.

    Scott.

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

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  8. #8
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    thanks I will try this hopefully it will work
    juls


  9. #9
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    Hi, Jul's.

    You need to move your cash from your cardcash account, without doubt, they will 'offset' money from that account to the other.

    You should start the process and reclaim all your charges. If you need help, just shout.

    Regards.

    Scott.

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

    If you can, please donate to this site.
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  10. #10
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    so should i claim charges for my card cash, current acc and credit card? I applied for a cardcash acc with RBSicon today online, it has been provisionally accepted so hopefully it'll go through.

    I also have savings acc in my kids names with BOSicon but I am trustee does this mean they can technically recover money from these acc's as my name is on them??

    If RBS approve the basic cardcash acc I will just empty the kids acc to and move them all to RBS.
    juls


  11. #11
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    Hi, juls.

    so should i claim charges for my card cash, current acc and credit card?
    Yes, I think you should, have a look at the step-by-step...
    http://www.consumeractiongroup.co.uk...tructions.html


    I also have savings acc in my kids names with BOSicon but I am trustee does this mean they can technically recover money from these acc's as my name is on them??
    I'll check that out for you.


    Regards.

    Scott.

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

    If you can, please donate to this site.
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  12. #12
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    what buggers!
    i'd het the rest of the reclaim going, but p'haps deal with the current A/C sep?
    they could just turn around and use the excuse of the court case to stall it all!

    good luck
    keep us informed

    dx

    GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
    Credit Reference Agencies:Experian Equifax CallCredit <<<<CRA FILE INFO IS HERE<<<<

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan & Credit Card Charges Read Here
    4. The CAG Interest Tutorial Read Here
    5. Feel Bullied by Creditors or Debt Collectors? Read Here
    6. Staying Calm About Debt Read Here
    7. Thinking of a Full & Final Settlement? Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
    rather than hittting to be my friend - hit the star
    DX
    Siteteam

  13. #13
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    Quote Originally Posted by j.fra View Post
    I also have savings acc in my kids names with BOSicon but I am trustee does this mean they can technically recover money from these acc's as my name is on them??
    I have taken advice, and they should not touch your kids accounts, but some have been known to.


    Regards.

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    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

    If you can, please donate to this site.
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  14. #14
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    I have taken advice, and they should not touch your kids accounts, but some have been known to.
    If they were to attempt to touch this money make an immediate complaint to the fosicon. The FOS will uphold your complaint as the bank have no right to touch this money under their right of set off as it is not your money.


  15. #15
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    thanks for your help, god its such a minefield!!!!

    credit should come with a health warning!! lol

    I'll keep you posted I'm going to go to RBSicon tomorrow and try and open acc's for the kids and at least get that money moved asap
    juls


  16. #16
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    Sounds like a good plan, keep us posted.

    Regards.

    Scott.

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

    If you can, please donate to this site.
    Help keep it up and active, helping people like you.


    If you no longer require help, please do what you can to help others

  17. #17
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    hey spoke to the bank today and have discovered that they have taken a total of £900 from my acc not 200
    does any1 know, can they legally do this without informing me ?? it shows up on my statement as cash so i've been thinking i have withdrawn the money the previous month, i have requested a copy of my terms and conditionsicon and agreement


  18. #18
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    UPDATE not sure if i did the right thing or not but i called fosicon and they have lodged a complaint with the bank on my behalf with regards to the charges on my cred card as i only had a limit of 500 and they have so far taken 900 with the view to take another 900, totalling 1300 in charges even i thimk this is extreme. the bank have 8 wks to resolve the matter with me or i go back to fos, have i done the righ thing???


  19. #19
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    I think you have done the right thing. I would have done that. Hopefully they will back down rather sooner than eight weeks.

    DD


  20. #20
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    Default Re: PLEASE HELP =( halifax and blairoliverscott

    well got the kids money moved ok just need to try and get mine b4 they do lol



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