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Showing content with the highest reputation on 23/04/10 in all areas

  1. My thoughts too.. If you phone the Camera Partnership telephone number, they are in my experience VERY helpful, ask them what the problem is, and they will usually tell you... Come back for more advice..
    1 point
  2. In regard to the duty to inform, the onus always falls on the claimant. It is stipulated in the award letters that you must inform them of a change of circumstances, and this is also stipulated within the relevant legislation. Although the DWP stated they would inform the local authority that the JSA claim had ended, this not relieve a claimant of their responsibility to inform. My guess is that what happened is that the notification from DWP to the LA did not occur (this is an automatic notification which the computer is programmed to send - it doesn't always happen). My next gues
    1 point
  3. It will affect her credit score but as it ages it should lessen until it finally drops off after six years from the original default. Until then I'm afraid she's stuck with it.
    1 point
  4. Hi Sea-sidelady, The employer will be correct in this instance - post 12 months but less than 2 years service is a standard 1 week notice - usually!! I dont see any reason why it would be less otherwise it would be considered illegal in employment law. If your friend did not turn up for the week of notice period that would risk being unpaid for the time as it would be a breach of contract. I can however say that if your friend has any holiday pay due then that cannot be stopped - holiday pay is a statutory right. Hope this helps Beau
    1 point
  5. Are there any charges on the account do you know e.g. no payment fees, collection fees, etc? While they can take you to court the letter that you have received is a standard one designed to frighten you into calling them. If they were to take you to court you would be informed of this by the court and have 3 options. The first would be to admit the debt and apply for a time to pay order based on your disposable income. The court would decide the amount you had to pay each week/month and not the DCA/creditor. You on no accounts should be pressurised into paying this debt in full even
    1 point
  6. If this was done whilst you were negotiating a payment plan this was an unfair practice. If after a plan was negotiated it is nuts and shows that BG have still not got their internal communications sorted. They can off course threaten disconnection if you are not paying but a warrant of entry for disconnection etc must be heard by a magistrate, If you turn up in court to defend the application wil be withdrawn. They are only interested in getting easy warrants by default - which means that no defence case has been offered. The idea that applications will always be granted by the cour
    1 point
  7. Hiya heating-eng and welcome to the HSBC forum Have a read of this thread too http://www.consumeractiongroup.co.uk/forum/hsbc-bank/256053-hsbc-managed-loan-account.html pete
    1 point
  8. Hiya Hasselhoof what do you mean the rest is waffle.. its all waffle!!! Write back and tell them they are wrong, you can even quote Lord Phillips who stated in the test case appeal judgment (somwhere around paragraph 80 - 90 I think) that he considered clause 5(1) could be used. pete
    1 point
  9. I can't see the difference personally between a disputed or closed account. In either event the original CCA is at an end or terminated. In both situations thus making all terms and conditions of such an agreement null and void. A similar situation: I personally was taken to court by a former employer over a clause in my (then terminated contract) stating that I could not work for another company in the same trade as theirs for 6 months after leaving their employment. I argued to the court that since my contract is no longer current after being terminated that I am no longer held by
    1 point
  10. not sure if you are also disputing the validity of the agreement so you would write and point out that due to their unlawful rescission , which you have accepted, would they kindly advise you of the amount of arrears that were outstanding at the time that the alleged agreement was unlawfully terminated, against which, and assuming that the agreement was a properly executed and/or legally enforceable agreement you may have a counterclaim for their unlawful rescission the beauty is that they will NOT supply you with the figure because they will not accept that they unlawfully
    1 point
  11. Tilly best to keep to one thread. I cant help wondering why there is a need for a payment plan if you havnt spent the money. xx
    1 point
  12. First step is a CPR request. You want them to furnish a copy of the agreement and a copy of the DN, and anything else they intend to rely on in court. I'd like to get more feedback from Caggers on the legality of the DN and termination notice they issued - to recap, DN dated 15 January, account terminated 3 February. So... DN dated Friday 15 Jan. First day posted = Monday 18 Feb. Say, three days delivery = taken as served on Thursday 21 January. 14 clear days to remedy takes us to Thursday 4 February. Account terminated 3 February. Is this correct, Caggers?
    1 point
  13. The final result, a letter from Lowell to say that this matter is closed. I wonder how much it hurt to write that!!!!:D:D
    1 point
  14. Firstly lets take this step by step: 1-Did you have an arrangement with them for reduced payments? 2-Need to see whether the Default Notice is in fact invalid. 3-Default Notice (time )in which breach of remedy or action to take was increased from 7 Days to 14 Days in late 2006 cannot remember exactly.It is important to take into account postal period for service of Notice. 4.Default Notices Regulated by; Consumer Credit (Enforcement ,Default and Termination Notices) Regulations 1983/1561 Before we take this further please read this excellent clarification on how a d
    1 point
  15. You are welcome and do try to relax a little now if you can think of it as a game of tennis and for a while at least the ball is in there court. If I have been of assistance you may wish to tip my scales. G
    1 point
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