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  1. Try this letter There was no need for the attidude I HAD read your thread before replying !!!!
  2. 1) The Ombudsmen use an informal process, they do look at the law relating to the issue, but (and this is crucial) they do not consider cases where legal action has begun. As you'll see below the ombudsment is different to the courts. 2) I am less sure of the answer to this but I believe your assumption is correct. The Ombudsmen are less formal than the courts, you should simply present your complaint in ordinary language. Instead of making a specific request for compensation if you want to angle for this I would put something in relating to costs. Perhaps listing how many hours you have wasted getting nowhere. Whether or not compensation is awarded you may get the sort of outcome I got where HBOS didn't accept my complaint but still paid out the full amount of the charges plus interst Personally I would keep any legal arguments in reserve. The Ombudsment will first try to solve the dispute informally. This means they go to the bank and ask them to look at it again. This may prompt the bank to make an offer. The FOS will inform you of this offer and, if you reject it, they will formally investigate. It is this investigation which costs the bank money. I forget the figure perhaps £400 a time? Hope this helps.
  3. The credit agreement, as it stands, appears to be unenforceable. If they could show the document you signed had the prescribed terms on it, then it would become enforceable. However, considering you are not in arrears, i would advise if possible continuing with the account as normal. Failure to pay would cause years of harassment and difficulty, and should be avoided if possible.
  4. That's great news benmills! It's can be really difficult to get defaults removed......... so you've done a great job with this. Good luck with the new home by the way!
  5. Hi you multiply your total charges by 0.00022 this gives you the daily rate.
  6. In those 2 circumstances, you would be required to pay the fee. I don't think so, in this case. However, if that were to happen, you would most likely have to send medical evidence to the insurer and they would (hopefully) waive the fee. But in your case, you have cancelled the policy because you found one elsewhere with a lower premium. What you need to consider is: How long do you have left until the renewal date? If it's only a couple of months or so, you may as well carry on with the existing policy. However I can see in your case, you would have had another 9 months to go anyway. Also you need to consider: How much less does the new policy cost? Does it provide cover which is at least equivalent to or better than the one you are cancelling? I'm sure you would already have considered these things, but I just thought I'd mention it for the benefit of anyone else who might read this topic in future. Once you factor in the cancellation fee, you might find you would have been better off to carry on with your existing policy until the renewal date. Then you could always find another policy to start from your renewal date, and you wouldn't have to pay the cancellation fee. The cancellation fees are only applicable if you cancel the policy mid-term, not if you lapse the policy at the renewal date. This is standard practice for motor insurance policies. The FSA rules say that insurers are not allowed to charge anything that could be classed as a penalty. So, if you believe the charge is a penalty and you are not given any evidence to the contrary, then you could dispute it in that way. I'm not too sure why they are insisting you phone to obtain the information. Another thing to consider is: who is underwriting your new policy? If you took out the new policy via an intermediary, you might find that it is underwritten by NU anyway. Also, several banks have their policies underwritten by NU. If you check the terms and conditions of your new policy and you find it is underwritten by NU, then you won't have to pay the cancellation fee as you would still effectively be with the company, but just under a different policy number and a different sales route.
  7. This has the prescribed terms for a CC agreement - APR, credit limit or how defined and repayments or how calculated. If it alsoe has youir name and full postal address and your signature then it is enforceable. It should also have a signature from HSBC as you say and that, technically makes it not properly executed. However, it is probable that a court would give an execution order onit as you have signed it and it has the prescribed terms.
  8. I couldn't help myself from adding to this thread, which has gone off the rails few time. I wrote a paper few months ago about benefit fraud. I wanted to tell you that the figures which quoted as "lost to fraud" do not tell the whole story. In 2003-04 DWP spent some £109 billion on a wide range of benefits, employment programmes and the associated administration costs. It estimates that around £3 billion of this expenditure may have been lost from benefit payments because of fraud and error, the same estimate as reported in 2002-03 and 2001-02 . However the figures also show that official error results in almost as much benefit being overpaid as claimant fraud. It is therefore important to distinguish the losses suffered by DWP due to error and those which are caused by fraud. This is because, in my opinion and in light of this distinction, the headlines reporting 3billion loss are skewed and sensationalist. Dean and Melrose (1995) who produced a paper “Manageable discord” found that the predominant reason for fiddling was economic necessity, inadequacy of benefit payments, lack of belief in the system and lack of opportunities. The principal preliminary findings were that those claimants that fiddled were not especially “streetwise”. The research conducted in 2004 by Spark Research for DWP discovered that fraud investigators commonly accepted admission of an overpayment as admission of intent and that the claimants are being offered a caution under threat of being prosecuted if they do not accept it. This can lead to convictions for fraud in situations where claimant couldn’t have reasonably been expected to know that they are doing something wrong! Poverty and financial need are often cited as the main reason for people claim fraudulently. CPAG’s Ten Steps to a Society Free of Child Poverty states that “safety net benefits are worth around £192 per week for a couple with children (…)- £80 less then the poverty line (£272). For a lone parent (…) the safety net is worth £160, some £29 less then the poverty line of £189” Finally, there are vulnerable claimants, who are often illiterate, confused, unable to cope with complexity of the application forms, change of circumstances requirements and renewal forms. They very often are claiming many correlated benefits, like disability or sickness benefits, together with Income Support and passported benefits. They may have a care or prison background and very limited language skills. As the DWP does not see itself as having responsibility for ensuring that such people know what benefits are available, the question is - who is? Not being able to understand what is going on with their claim, very often does not prevent claimants from being convicted of fraud. It doesn’t help that this particular group of claimants would find it very difficult to challenge an overpayment/eligibility decision; therefore they are the soft target, the easy statistics. “Recent organisational change and the plan to shed a quarter of its workforce, possibly lowering morale and increasing turnover among the staff whose skills are most needed to combat fraud and error, will not make the Department’s job any easier.” These are comments made by Mr Edward Leigh MP, Chairman of the Committee of Public Accounts and contain, in my opinion, the other then fraud reason behind the large-scale losses suffered by DWP- an error made by the decision maker. Common sense tells us that dissatisfied, disillusioned staff are bound to make mistakes. It is widely known in a welfare advice sector, that plenty of overpayment appeals are won for clients on grounds of an official error. It is difficult to establish how much money exactly is lost through an official error, how much of it is recovered and how much is not recoverable. Additionally, we will never know, how much would not have been recovered if the claimant was able to appeal the original decision, instead of agreeing meekly with the overpayment decision. Mr Leigh talks about high level of error by staff making benefit payments costing the department estimated £1.5 billion a year. An example of the scale of losses due to an error as opposite to fraud was made by Kate Nash, Chief Executive of RADAR who said: “In reality, fraud among people claiming Incapacity Benefit accounts for less than 2% of the Department for Work and Pension’s total expenditure on benefits. Fraud accounts for no more than £20m, with over £90m being wasted through errors that are not the fault of claimants.” So, a massive 3 billion pounds leaks out of the DWP’s benefits budget. Most of this loss is preventable and at least half of it has nothing to do with “benefit cheats”. It would however be a political suicide for the department to admit it. The “scroungers” are a much more convenient headline. And finally setmefree: how would you recognise between those "named and shamed" in your local paper which one of these people were elderly confused chaps who did not know that they have to report a minuscule private pension? An illiterate 16 year old single mother who was never able to get an advice because she was embarrassed that she cannot read? What about a very sick person who had to cope with fantastically complex application forms on his own because the government cut the funding for advice sector to the bone? All these people, thanks to the way "fraud" procedures are set out, would be technically fraudsters. There is hundred of thousands of them. Your poor local paper would go out of business if they had to print even 1% of these names. I am not angry at your question. I just sought to clarify few things for those who are ignorant.
  9. Hi On your claim form under value Charges xxxxx interest under s69 county courts act 1984 £xxxxx this is the 8% interest Total xxxxxx S.A.R - (Subject Access Request) -(subject access request)fee....£10.00 In the right hand boxes Amount claimed xxxx court fee (if you have to pay other wise leave blank) solicitors costs leave blnak Total amount xxxxx when you do your spreedsheet it should calculate the interest for you you add the daily rate on your poc and not on the value section on your claim form on your poc tick no to human rights the claimant claims interest under county courts act 1984 at the rate of 8% a year from(this the date of your first charge and last charge)then the total of 8% interest and then the daily rate xxx
  10. Hi there I've just started an action at Edinburgh Sheriff Court for my business account and a personal account for my mum and dad. Firstly, I'd just like to say that the forms you download - make sure you download the forms 1B. You only need to download that form because the first one is the formal copy and form 1B is the form that you use when serving on the defender (the court does this!). I got confused because I downloaded forms 1A and forms 1B. You dont need to download the 2 sets - only form 1B. Secondly, I sent my form off to the Sheriff Court and got it back. They advised me to use the following as claiming for interest must be set out in a particular way: "Interest as a secondary crave (first to last) and continuing until payment 1. The pursuer claims from the defender the sum of £x (insert here total amount of the charges you are claiming!) 2. £x interest claimed from (start date of your claim) to (end day of your claim) at 8% annually. 3. Plus interest at 8% annually from (date you complete the forms) until payment. Insert the above text into Boxes 4 and 7. The above text only should go in box 4. In box 7, I set out the particulars of claim ie the law surrounding the claim etc., and then I added the text from Box 4 at the bottom of the claim. This has been accepted and is now in the process of going through the courts. I hope this helps you! Kind regards Gemspan
  11. Hi P1 I agree with you there! About a year ago (before I discovered CAG) I was getting endless phonecalls to my landline from (mainly) Merciless, so much so that I was leaving the phone off-hook during the day for about 2-3 months. Luckily I also have some VoIP numbers which I was able to give to friends etc. so they could still get through on a normal geographical number (these can be obtained FoC from companies such as Sipgate). Nowadays, having found CAG (and getting Barclaycard to accept token payments) I can once again use the normal landline number and no longer have DCAs calling me. Rob
  12. the use of Without prejudice...... would be in the letter, there is no need to write a second letter, it means that you can rely upon it when dealing with the issue of costs but they cant rely upon it in court its just a thought thats all
  13. Yes it has happened.... and yes, it can be re-enforced. In theory, DCAs/creditors should be pulled up when they fail to produce docs. within the legal timeframes but in reality, this rarely happens. If/when docs. do turn up, there are other avenues to go down, such as lack of a default Notice, incorrect balances on Default Notices, unlawful charges and so on. It doesn't mean that it's "game over", but tactics need to be altered.
  14. The way I understand it is. As long as the creditor can't supply a true signed copy of the aggreement, the debt is unenforcale. However, if they do manage to produce it (which is unlikely in most cases), then the debt becomes enforcable again. In other words, You don't have to pay BCW a penny at the moment. If they do happen to find your original agreement then i'm afraid they'll come looking or their money again.
  15. No, they are not, without a court order. You can of course apply for such an order. I am, i admit, concerned that it appears you were representing someone, and - unless you were properly registered, and insured - this may be illegal. What exactly was the invoice for? Are you professionally qualified in the area? Is there a written contract? Can you prove there was an agreement, and if so what was the subject of the agreement? I'm afraid like a lot of contract law issues, without having all the documentation in front of us, we can't give you any definitive advice.
  16. yes, you can, and if the CCJ installments are low enough they might accept it. make sure you say the cash is raised by a relative.
  17. Whilst you can withhold payment after 12 days (working days remember) i would advise she keeps paying until they are past the 12 working days (from the day following delivery) plus calender month by which time assuming they have not complied its unenforceable, no point in stirring things up too much when they have frozen interest and charges etc or they could just get nasty again
  18. http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/106783-halifax-bank-scotland-contact.html there are 'stickys' at the top of each forum under the announcments that give lots of helpful advice
  19. Hi, Olive.Family. It might be worth your while having a look through the successes... http://www.consumeractiongroup.co.uk/forum/halifax-if-successes-2.html You might find something in there to help you. Regards. Scott.
  20. my getting a happier new life pot is getting bigger and smaller each day. Used it to buy a new washing machine and freezer the other day. Moggie. Good that u have not started the DMP yet as l would only start them when l have the full information IF i bother to start one at all. I would rather do things my way and not a DMPs way. Hope all is going well with your son and the EX over his daughter. Chrissi
  21. Mt Ton, I posted this on one of your other threads, but it does throw up some interesting points and I've found it a good way of dealing with these to**ers. This is more-or-less verbatim and it happened to me a few months ago: Them: "Mr Bassett?" Me: "Yes" Them: "For security purposes, will you please confirm your date of birth" Me: "Whose security?" Them: "Pardon" Me: "Whose security are you concerned about here?" Them "Yours of course" Me: "Let me get this straight, you're telling me that for the sake of my own security, you want me to give you, a complete stranger ringing from a number that has been withheld, the kind of details that could be used to steal my identity?" Them: "Yes" Me: "Don't be bloody silly. Goodnight." Regards. Fred
  22. rang lowells up again last night in my best pakistani accent Lowell Reference number please LB Hello Please why you ring number Low reference number LB no reference number who is i speaking to please low RED LB Red what is red Low Well we dont have to give out that information until you tell us a reference number LB The english flag is red GOD SAVE THE QUEEN what Low could we have your postcode then LB My postcode what is this ? Low At the end of your address will be you postcode , if you give us that then we can see what you were called for . LB so you want the last thing on my address , let me think now YES i have it . Low what is it LB fullin stop Low No before the full stop there will be letters and numbers , LB ah yes I see now , who is this again please ? Low RED LB sorry RED I not going to give you my postcode Low why LB Because I dont want to , (CHANGES BACK INTO CORRECT VOICE) and as i have taken up your valuable time , therefore stopping you from making more of your pathetic threatening calls to harras them into paying debts that you cant prove you own you plank i wish you a good day . Brummie wins and stands on the moral high ground .
  23. And this is why I trust the CAG ... Simply awesome Paul ... I'll have a careful read this weekend and ask a few Q's and then it's a 'Special Delivery' for these ... erm ... 'nasty people' Thanks mate ... that's taken a lot of time and attention to detail. Now, I know that you guys won't accept personal help but the CAG needs supporting. Please let's go for costs here ... I'll give the lot to the CAG as promised. D
  24. Hiya Wornout. Welcome to CAG. Sounds like you have had a rough time. The best advice at this stage is to read as much as you can, and to familiarize your self with the site, as there is a lot to take in, but there is help along the way. When your ready, find the place you need to be, and post a new thread.
  25. You need to send a Prelim requesting repayment of charges and removal of default. Send a spreadsheet with it detailing the charges. Cap One will make a derogatory offer, send LBA, they won't up their offer, file N1 and take them to Court, they will offer all charges (they don't want to actually have to turn up in Court)but the default removal is more difficult. You should keep your claim together and reject any offer that does not include default removal. Have a look at Alphageeki V Capital One, also Mkandy V Capital One. If I can find the links I'll post them later. And can you expand a bit please? The more info we have, the more likely we are to be able to help.
  26. Greetings OLD Friend!!!! Hope all well with you, will be in touch!
  27. It is all marketing marketing marketing, if you dont want the crap they send out you can write to them and tell them, i managed to cut down almost all of my junk mail by signing up with Mail preference and then got rid of the sales calls by signing up for Telephone Preference, just google the names and you should get some links
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