Showing results for tags 'challenging'.
Found 24 results
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MBNA sold debts that belonged to both me and my husband. Idem bought mine, Moorcroft bought my husbands. I emailed Idem regarding reduced payments that I would make, and eventually they responded agreeing to my reduced amount. However, Moorcroft ignore emails (sent day after day) and they will not reply despite my husband requesting that they not call, but put in writing instead. They call anyway, and to whomever called, I asked them not to call, but to respond to my husband's emails - however, the chap then called my husband's mobile immediately! I got a statement from Idem, and in exactly the same marked envelope (same return address, same statement format) my husband had one from Moorcroft. Does anyone know if this is the same company??? It's really cheesing me off that Moorcroft ignore all the emails. Also, they're sneaky so-and-so's: they are based hundreds of miles away from us, and yet they call the landline using a local number that they must buy to use, to look like they're someone local calling us - idiots! It doesn't take long for me to recognise the number and ignore it. But, they're making me so mad!!! I think I'm wasting my time re-sending the same emails but at least it proves the point that they're ignoring us, dispite contacting them on a daily basis!
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CIFAS handled ny complaint against an application fraud warning in a reckless manner. I decided to take CIFAS to Court. I would like some insights as whether or not CIFAS is subject to Consumer Rights Act 2015 for service provisions? My second question is: are there precedents of consumers taking CIFAS to Court?
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Does anyone have experience of challenging the 20% discount repayment for Right to Buy terms with a local council in the final six months of the five year no move rule. There is a proviso written in the contract that says in exceptional circumstances they will waive this. Would anyone know what these exceptional circumstances might be, or if there has been a successful challenge. I have been told it would be too costly to ask and I would be unsuccessful if I engaged a solicitor to do this hence my post to clarify this would be the case. Thanks in advance. -
Hi, This morning I had a very important meeting that I could not miss and went to park in my usual car park. Unfortunately it was full, this has never been the case before, but I sucked it up and used the larger car park across the road where the minimum stay is 4 hours and they charge £2.50, this is why I never use it. This car park is never more than half full, but was full today. Obviously something local was going on as this has never happened in all the years I have been parking. After driving around for 10 minutes and no space appearing I saw a space that was not blocking anyone at all, and it looked like a space. There was a small triangle of yellow lines right in the corner of the space, that made it look like you could maybe not park there, but I checked all around and it was blocking no one at all, there was ample room. I took the chance as I really could not miss this meeting and paid my ticket. When I came back I had a ticket on the car, this small triangle in the corner was half obscured by leaves and was not the easiest to see. I took a pic of the leaves covering it down the side and at the back, I also took a pic of the front of the car as it really did look like a parking space with white lines at the front and to show it was not blocking anything. It was just this small half obscured yellow triangle at the back that made me doubtful, but that made no sense as it blocked nothing. I am not trying to say I am in the right as I thought it maybe a non parking spot, but paid my money and had no choice but to take my chance, missing the meeting would have cost me far more than the ticket. Is there any point trying to challenge this ticket or do I just suck it up and take it, the least they could do is take the £2.50 off is the ticket was invalid. Thanks for any help Paul -
Dear All First of all, thank God for Forums like this and people who care enought to devote precious time to assist others in debt. A Debt collection firm, issued a claim, the progress of which was halted by a CCA request. It has finally come back, after a year following request, with what appears to be a copy of a signed agreement and t&cs and statement of account. Amount seeking is over £3,150. Can't claim time barred, owing to previous payments. They say they can proceed to seeking judgment unless payment arrangement is set up. They trade under three very very similar names. The claim was issued under a name the authorisation of which by the Regulator has now lapsed. Should I give in and set up arrangement? Can I apply to dismiss their claim? Should I request copy & details of assignment or ownership of the debt? Can they come back and reissue a claim under one of their authorised names? Please tell me what option I have. Very grateful
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Hi all, Got the little brown letter through the post today - what a farce. It certainly seems to me that they have been deliberately vague and limited in their reasoning. There is absolutely no detail, findings of fact and how those facts apply to the relevant descriptors. They may as well have simply said "sorry, your claim is refused" and it would have been just as meaningful. What is the best way to go ahead challenging this? I understand the average MR request is successful. Is it best to get the medical assessment report then put something in writing to the DWP? I understand I have around a month to do this. Sincere thanks in advance.
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im really confued as i didnt attend the medical but sent off a form explaining why , i then recieved a letter back saying :"we have looked at your reasons for not attending a decision maker says you are capable of work from the 15.04.2010 " (this box was ticked) then underneath is says "this means we have decided that you are no longer entilted to which were : Box One : Incapacity Benefit And National Insurance Credits Box Two : Severe Disablement Allowance Box Three : National Insurance Credits The Box They Ticked For Me Were Just : The 3rd One "National Insurance Credits" This is the only box ticked so i dont understand am i losing my incapacity and servere disability allowance cos it says first "u are capable of work from the 24.04.2010 but then says this means we have decided that you are no longer entitled to national insurance credits ! Im confused as i claim incapacity and servere but these boxes werent ticked so what do they mean im no longer entitled to national credits ? im worried if they mean that ill no longer get any benefits anyone plz help me thanks in advance
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Hi Everyone, I'm looking for some help/support on getting a couple of defaults challenged on my credit file. In short, 3 years ago I lost my job, got behind with a few bills and didn't realise at the time - but got stuck with a couple default notices. The debts have long been paid off in full and now 3 years on my income is good, my job is stable and I want to move up the property ladder. However, my credit report is stopping me from getting a mortgage, which is obviously frustrating. I wrote to Capital One essentially telling them I was surprised at discovering the default on my file and asking them to furnish me with all the details... a true and signed copy etc. under s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). However, to my surprise, they wrote back saying they were under no obligation to provide me with anything because the above act only covers open/current debt or accounts and as everything had been settled in my case and there was a nil balance, I wasn't entitled to any information. My thoughts are that I should now call their bluff and insist they provide me with the information I'm entitled too (presumably now under The Data Protection act)? Essentially, I want to challenge them on their paperwork as I don't think this default notice was ever sent to me and therefore the entry on my credit record is unsubstantiated. Does anyone have any experience of any companies refusing to provide information on the default because the debt has been paid off? Sorry if this is posted in the wrong section (not sure?) Any help much appreciated.
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I have a couple of questions I'm hoping someone can offer some advice with. I have a secured loan with Southern Pacific (Acenden) for £5500 taken out in 2006 and is due to finish at the end of April. In 2007 I was made redundant, got in to approximately £400 of arrears and was taken to court and ordered to pay the full monthly payment plus £20 per month towards the arrears. T his I did but Acenden added a £30 arrears fee each month to the arrears, hence I had no chance of ever repaying these arrears. The situation is that I now owe £12k which is due to repaid at the end of April and is made up entirely of fees, charges and interest. My questions are, 1. Does anyone thing there is any point going to court to challenge Acenden on the basis that they have frustrated the order of a court (or whatever the legal terminology maybe) as by them adding charges to the arrears I could never repay the arrears as directed by the court. 2. Does anyone know of any company that would be able to offer legal help (rather than just the generic advice you get from National Debtline etc.)? I have approached a local solicitors (in Bolton) but they want my to pay £500 up fron t just to look at the papers before deciding if they could help which I'm not in a position to pay. Any advice appreciated. -
I have a contract with EE. I was browsing facebook and clicked on a link. I immediately received a text telling me I was subscribed to a service costing £4.50 per week. Needless to say, I do not feel I consented to this. Certainly not enough to form a contract by simply clicking a link. I spoke to customer services at EE who assured me the charge was cancelled. However, they have let this company charge me for 6 weeks now and have now refused to refund the charges saying that it has nothing to do with them. EE have simply referred me to PhonePayPlus etc. I think we all know that the company in question are basically a [problem] company so I have no faith in them to refund me or cancel my subscription. My argument would be that my contract is with EE and so any charges I am charged by them should be justified by them. Im not saying they should be in possession of evidence to pass on, but there should certainly be more than an 'anyone can ask for money and we will just remove it from you and give it to them' approach. That said, this problem has been around for a while and I am not the first to suffer from it so there must be some reason why nobody has challenged a phone company via the courts. On what basis can they simply pass on this cost and deny contractual responsibility for it? I have a law degree and am considering pursuing this via the SCC. What legislation are they relying on that allows them to pass on third party charges unhindered? Surely any such clause in the contract allowing this would be an unfair clause as I am a consumer?
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Dear all, I have had an unfortunate experience with the General Dental Council (GDC) - they made a total hot mess (putting it mildly and politely) of a complaint I presented to them regarding a dentist on their register. I have initiated their complaints procedure and the response I eventually received some months later only added to my concerns. I understand I need to challenge their decision through the courts (high court it seems). Does anyone know the deadlines for this as I fear I have missed this due to the deliberate delay in receiving a response to my complaint? Also, does anyone know if legal aid is available for cases such as this? Many thanks. -
Could I please have opinions as to whether this guarantor agreement linked below would be legally upheld - the landlord referred on this to is actually the letting agent, and the witness is also an employee of the same agent. A county court claim has been issued for an amount of rent oustanding less than £1000 but has nearly doubled due to their charges and fees despite the claim form stating no solicitor has been instructed... No breakdown of fees was given with the tenancy agreement (referred to as an appendix but not provided) and has been requested twice but not provided so we are minded to dispute the claim based on the unreasonable fees (the rent is still being paid by the tenant) http://s6.postimg.org/hcha1cpm9/img023.jpg http://s6.postimg.org/god0w5ga9/img024.jpg http://s6.postimg.org/th14w2rw1/img025.jpg Any views welcome please -
Hello, First, look at the Google Street View here: http://goo.gl/maps/3uGzt This is a cul-de-sac with a few residential houses further down the road. No shops or businesses apart from a lone GP surgery. And a pedestrian entrance to a multi-storey car park. Until 2003, the road had 11 time-limited parking bays along its eastern side. This was sufficient as it was at the heart of an industrial estate at the time. What can now be seen as a shiny new residential development along the street, was then a power station. In 2003, a new, privately-owned multi-storey car park was opened off the road. Then, the local council issued a TRO that removed all the 11 parking spaces from this road and introduced no waiting (= double yellow lines) all over. Drivers visiting the nearby Kingston centre for shopping have since been forced to use this private car park. Link to the TRO: https://www.thegazette.co.uk/London/issue/57010 In 2014, the area lost its former industrial character altogether when the last non-residential site, the power plant, was built over with 150+ flats. Now, I believe that the council has gone too far introducing such restrictions on this particular street. I argue that parking along the street would not cause congestion (this is a cul-de-sac!), obstruct traffic (the road is more than 8 metres wide!) or block access to businesses along it (there are none!). The only effect of the lines is increase in income for the car park owner (who now asks £1800 per year for a parking space) and a huge trouble for the residents of the new development (which contains no parking spaces on it own but has 6 wheelchair-adapted flats = at least 6 people with mobility issues). Since people started living in the development, parking wardens have been on the spree, issuing dozens of tickets, mainly to blue badge holders who have no choice but to park in front of the building, and to the surgery's patients. I will be grateful for any advice, esp. as to where this could be challenged and what law can be applicable. -
Approx a year ago I asked Arrow Global to "prove" a debt they alleged against me. A year on they were still applying default notices and data on my credit file. For months I had been asking them to remove this data all of which was refused and met with "we are still investigating" As this was not getting any anywhere I emailed the CEO [email protected] who passed it on to someone else and I got a reply within 48hrs. So here is the reply in all its glory To be clear they are not chasing the debt at this time, I am requesting they remove data form my credit file as they can't prove any debt is owed. Comments and opinons please
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Due to extensive renovation work when I purchased my house, it needed my local Valuation Board to band it. They banded it E in 2004 (despite me purchasing the house in 2002). I accepted this as I didn't expect the Band to be different from the neighbouring properties which are all the same size. With the mass of information on the internet in 2009 I asked the Valuation Board to look at my Band and they visited the house, confirmed it was the same as the neighbours', but stated I could not appeal as I was outwith the six months and so was "statute barred". I have argued this over previous years and I have a Court hearing this Thursday (09.10.14) to argue my case that my appeal is still legal despite being outwith the six months. At this hearing I am not allowed to present my argument for a Band change, as this is a further hearing which is only set if I can provide enough evidence that my appeal is legal. My mid-terrace home is an E and the two neighbouring properties are D. Larger properties at the end of the road are E and when viewed even from outside they are obviously much larger houses. Part of my argument is going to be that the six month rule should not apply to my house as the Valuation Board have an obligation to ensure the Valuation List is accurate. They are also putting me at a disadvantage if selling in the property in the future as my Council Tax payments are higher than the neighbours. They are also saying that my property was of a higher value in 1991 and so they have escalated the property price which is illegal. Does anyone know whether the six month rule is a breach of any kind of rights. -
On more than one occasion I have been lied to, deceived, misled and threatened by advisers at Jobcentre. If only I could prove it!!!!! My questions are these; 1. Is it within the law for me to record interviews with advisers at Jobcentre on a pocket recording device without notifying the adviser? 2. Would evidence of any of the above misdemeanours, or maladministration of any kind, gathered by using such a device in such a way be admissible at a hearing or tribunal?
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I have been in receipt of lobs seekers allowance in a couples claim with my Husband the amount we have been getting is £222.05 per week, due to my Husbands age he was not required to sign on as he is over pension credit age. On 5th April he reached state pension age and I informed the DWP on a change of circumstances form and attached a letter from the Pensions people to say he would get his pension from 8th April (paid in arrears on 14th April). I signed in as normal on 16th April and also informed them on my work seekers diary about the change of circumstances however the next payment was full JSA and I had been overpaid I contacted them by phone to inform them and have been waiting for a letter to confirm the amount they want back and how to pay it. However I got a letter from them on Saturday informing me that my JSA was going down due to my Husbands pension The dates on the letter referred to my JSA payments from 3/9th April This is what I am disputing first of all as my Husband was still only 64 on 3/4 April as far as I can see we would have still been entitled to the couples claim on those dates and on 5/6/7th April would have still been entitled to full payment as the pension did not start until the 8th. I have no issue with the overpayment from 8th April indeed as I have said I told THEM about it But believe the other is incorrect I am going to write to them but need to get my facts straight before I do so any suggestions would be welcome. Also just to add another twist to the tale I am signing off on Monday anyway as my Husbands annuity comes into affect and I wont be entitled to income based JSA from then anyway.
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Advisors guide [ATTACH=CONFIG]49002[/ATTACH] Website for guide and further information http://www.revenuebenefits.org.uk/tax-credits/guidance/how-to-deal-with-hmrc/challenging-overpayments/ -
Hi, I received a parking ticket on Friday and when I challenged the one sign on a long street saying pay at meter. The nearest metre to my car was over two blocks away. When I explained to the traffic warden that I didn't feel that the sign was sufficient he advised me to appeal as 'a lot of people complain to about the parking notices around this area and the nearest payment machine is way down the road'. Can anyone advise whether they think it would be worth appealing under these circumstances? Thanks for any advice. Anedar -
I was told they were being challenged but i've heard nothing about it? I keep reading about frankly scandalous and shocking cases affecting people a lot worse than me and it seems like it's only going to get worse. I watch some news and political programmes and i never see it being a addressed at alll; why not? It's just sheer lunacy what's going on and i've thought about trying to return to work to avoid the uncertainty and difficulty of all these reforms. How they can get away with it? It's bad enough dealing with a health condition without the added pressure of some seemingly nasty and deliberate measures to hurt people or make things immeasurably worse. My question is how can this be allowed to continue withoyut legal redress when Atos doctors are coming forward and alleging they are asked to amend the interview notes. That's why i'm posting this, i was incensed when i read about that recently and i just remembered that Cameron said the weakest in society would be looked after with them in power but they don't seem to care which is why i guess they're called the nasty party! It's one thing to line you're pockets or be in bed with with big corporations but it's another to treat people clearly to sick or disabled to work this way. It goes against what this country, as i understand it, is about. Too unwell to continue so i'll leave it there! Cheers. Teej75
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Hi all, Please see this about PIP. help make a callenge to this [problem] that the DWP are doing. Challenging Personal Independent Payments mobility reduction to 20 metres. From Rightsnet, Leigh Day solicitors and human rights barristers from Doughty Street Chambers have advised campaigners that the lowering of the distance criteria for Personal Independence Payments mobility from 50 metres to 20 metres could be unlawful. They are considering how to challenge the regulations. To do so, of course, they need claimants whose circumstances make them suitable candidates to participate in such a challenge. For the best prospect of success, the barristers have set the following criteria (some essential, some desirable): See full story here http://www.rightsnet.org.uk/forums/viewthread/4344/ Come on people lets fight this:wink: -
Hi all I have just been helping my sister check her credit file for the first time. As it stands everything looks fine apart from a default from May 2008 registered by Arrow Global Ltd for £161. My sister did mention that she'd had some issues with someone fraudulently using her name years ago as part of a [problem] with a mail order catalogue but believes this was resolved at the time. She has no idea what this is for and is not aware of every receiving any type of default notice from anyone. Is there a standard request she can fire off to Arrow Global Ltd asking for details of what this (supposedly) relates to? Thanks
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Hello all, What an amazing forum! It is a bit of a maze for a new user to navigate to the correct area so I hope I am asking the correct question in the correct place. I have a number of creditors, both secured and unsecured. I have defaults across the board after running into financial difficulties over the past couple of years. I seem to have turned a corner financially now and I am keen to clean up my credit rating; using creditexpert, I have a 540 score which is 'very poor'. I have a couple of questions related to getting a better credit score... 1. I have one secured creditor (Welcome Financial Services) who I still owe a few thousand pounds. I have already paid back a huge amount but defaulted a number of times. As the loan is over five years, they have frozen the interest and I am paying every month. Q: Their details appear nowhere in my credit file which I suppose is a good thing. But does this indicate that there may be an error on the original paperwork and should I pay for a 'Subject Access Request' for £10? 2. I have a secured loan with Future Mortgages. I have had the loan for about 3 years but the balance has only reduced by about £1K, despite me now only being 1 month in arrears. Q. Is it worth getting a full report of their charges and original paperwork sent to me and have it looked over to make sure their calculations are correct? Final Q: where does one turn to in order to have interest rate and penalty charges checked against the terms of the agreement; an accountant or are there firms that do this? What sort of cost can I expect from this? If anyone could point me in the right direction, I would be so grateful. I am keen to improve my dreadful 540 score and don't really want to pay inflated charges and interest in doing so. Many thanks!!
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I have received a PCN for my car being "parked in a restricted street during prescribed hours." I parked in front of a school playground entrance that was bricked up about four years ago. Shortly after the bricking up, the yellow zigzags were ground away and the sign removed. One very faint zig (or zag) remains, with the rest being hidden by a layer of tarmac. A yellow line remains, but is not continuous, as it is partly covered by the tarmac for its entire length and sections of it are either completely covered or have been worn away. The only sign prohibits parking of goods vehicles over 5 tonnes between midnight and 8 am and buses between 6.30 am and midnight. My vehicle is an estate car and the ticket was served at 13.02. I was parked adjacent to railings, but these have been redundant since the bricking up of the gate. There is no sign at either end of the street to indicate that it is in a Controlled Parking Zone and there are no parking bays. Double no-loading stripes remain on the stone kerb, but are faint. Do I have grounds to challenge the notice?
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