Susie You can do it. Many others have. Remember the 5 (or is 6) P's. Prior Preparation Prevents P*** Poor Performance! Do the research, follow the process and the support is here.

I took out HomeCare 6 months ago as house now about 7 years old and no previous services done. Took a while to get first inspection visit for Service. Shortly after the Control Unit needed replacing and was done swiftly and the engineer redid the service properly this time! A couple of weeks ago the expansion vessel needed replacing. I'm happy and quids in at the moment. It's an insurance deal at the end of the day and avoids unplanned big payouts when things don't work.

Could try SKY Channel 990

Did your letters to them ask for the interest?

Thanks for that. I'll modify that spready and letter to up it by the £10. Cheers

OK on closer inspection the charges add up to £244. Have done the spready for just the charges. I note in the SAR I said I would also claim the fee for the SAR. Have drafted the Prelim. Do I add the SAR £10 fee to the spready as an additional charge? What have others done in respect of this? Any help on this one appreciated. Thanks

I note egg have changed their T&C's to be able to demand full payment if you have an IVA. Seems they think they should come before anyone else because their T&C's say so. 19.2 – this change is to broaden the circumstances when we can ask you to pay the full amount owing to us. This now includes Individual Voluntary Arrangements (IVA), and sequestrations (bankruptcy in Scotland).

flirtytitch I think you may be right in that the payments for unsecured loan haven't been included and so they have gone for a CCJ followed by CO. I wouldn't have thought it necessary to go for a charging order via the courts in such a case. You say that the loan is with the same company as the mortgage. Normally on deeds of a property it will say that additional charges against a property can only be made either by agreement of owners and the existing charge holders (ie mortgage company that have a first charge on the property) or by order of the court. If the loan is with the mortgage company then you & they can probably agree to the additional charge against the property without a court order and the associated costs of same. As sequenci has intimated a charging order is usually to secure a debt against a property after obtaining a CCJ. Your transcript suggests that a CCJ was issued on 27 Sept 2006 and that the amount owed was to be paid in full. You should have received all the letters from the court for the CCJ process but you say you haven't and this may help in any defence. It looks like NR are hedging their bets against any future problems. If you are now in a repayment plan on the debt that the CCJ is in respect of then you probably also have a defence against the charging order. You need to clarify with NR what they are doing and why. It looks as though your initial invite to court which said you didn't need to attend was the initial application. It would have been an opportunity to argue against this approach and suggest alternatives. You do however have the opportunity to attend the next court hearing and present any reason why the order should not be made. There are few reasons why a Judge wouldn't make it permanent. The notice will also probably say you don't have but if you do wnat to then you need to let the court and other party know along with any defence you intend to argue. Usual process is debtor applies to a court for an interim charging order (without necessarily informing you) and the judge grants an interim order which you are notified of. Judge may add conditions that other owners on the deeds are notified. Any charge applied will only be against the beneficial interest of the debtor which in your case looks like mr & Mrs...... I would agree with seqeunci that it is difficult to get a charging order stopped. I know as I tried it to stop an order being made for beneficial interest of daughters ex partner. Judge said the process has been followed and even if it did have an effect on her so what and also even though other creditors would be disadvantaged they all had the process avaialble to them, ie could apply for charging orders and so on. If you check the link sequenci listed then a list of reasons is there. You could suggest that the payment plan option was in discussion already and is in place and would be appropriate and also if it would have been possible for you and the mortgage company to agree the charge without court action that you have been disadvantaged by the additional and unnecessary additional costs. Just my thoughts based on the limited information here. I know that you will need to research your options and know what is in your deeds and your mortgage conditions and loan conditions and what has occurred to date in your own situation. Good Luck.

Good question. I would like to know the answer to that one as well. Looking to get 1 entry removed. I suspect it will be all or nothing. I think I will need to follow the route of contract ended so no right for the data to be supplied to CRA.

I'd go with the process and templates that have served CAG members well. Much waffle in this 2nd letter me thinks. Timescales may appear unreasonable to a court. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

Snap!

Isn't that exactly what is in the Template Library http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html Looks like it word for word the same as the CAG copyrighted version.

matt-man What's your objective here? Is is to get the default removed? I have a similar scenario with my daughter. See http://www.consumeractiongroup.co.uk/forum/legalities/67854-vf-default-has-got.html We couldn't see much we could do other than dispute until proof provided in form of invoices. Proof of use of the service is easy for phone company to prove. They do seem quick off the mark at defaulting and probably do it after the period of notice on the default irrespective of what happens in that period of notice. Wish I knew their exact dates of when they did what. If it is default removal you are after the SurlyBonds approach looks OK to me. I think you will find the details in the Legalities forum.

It's big one so will take a while.

I simply can't see where a penalty comes in at all. Tenant had no contract and paid no money so what do they expect back? They have no basis for bringing a claim. They haven't suffered any loss through this contract. They may have lost elsewhere but that isn't the fault of either of the parties to the contract. The Company that contracted for the room may have a case but it isn't the Company that have asked for the money back. At least that's how I understand what I have read in this thread.

Given that room is only rented out twice per year for the courses there is probably not an opportunity to mitigate loss by renting to someone else as the other attendees already have their rooms. It doesn't look as though the room is constantly being let out to any comers. OP has contracted for a specific period and actual losses would equate to what has been paid as per the contract. There is no unfair penalty here. Seems it was a fixed price contract for a specified time. The other party simply breached the contract. If it was me I would contact the centre and see if they have removed from their list and see if there has been any adverse comments made. If so and I wanted further introductions via them I would speak with the company that paid out and see what their view is and if necessary return some of their money back to them if it would get me back on the list. I would try and find out exactly what the motivation is of the person who is suing.

I'd like to hope that the OFT or some body will tell the banks to repay any substantiated charges claimed on demand a bit like some are doing with mortgage exit fees. (or am I just dreaming).

I think they'll settle before getting in front of the Judge if previous experience of other is anything to go by. See some of the Lloyds successes in the Success thread for reassurance. Good Luck

Having spent many hours reading hundreds of posts and most recently SurlyBonds, dayglo, Sarrahk, ffocus and others covering defaults and in particular reference to VF mobile contracts I am thinking I now need to help my daughter out. She has been looking to open a parachute account before claiming back charges and 2 banks have refused due to credit reference results. The VF default is a very recent one and the story goes along these lines. Sorry for the length. VF deal was an 18 month one and no paper bills so online billing (no Direct Debit) with emails to tell you when a new bill was due for payment. Anyway a few times they cut her off as the bill payment was late so she rings up and pays and reconnects. In mid 2006 she gets cut off again and goes online to find out how much to pay and to make payment but can’t get logged in. The system says something like “technical difficulties” which it transpires means we wont let you login till you contact us! She wings off an email to them saying she is having problems logging in. They reply we cannot tell you your password via email. Well she knows the password so keeps trying with the same result and gives up and gets another phone with a different provider. VF say they sent her an automated letter end September 2006 and nothing happened. Anyway it didn’t arrive here but then with RM performance that is no surprise. Too many letters don’t get delivered to us but sometimes neighbours do post miss delivered ones through our door. Between Christmas & New Year (quick postal service then I think not) they send a Notice of Default giving 7 days for payment, may register as a bad debt, refer account to collection agency but can still re-establish full service if you ring the 0870 number. RM Signed For service used to send letter stating account in dispute arrived with them 8 days (5 working days) after the date of their letter. Letter outlined the above and asked for access to the online bills to verify before making payment or paper copies would suffice. Also suggested that they delay any further action pending receipt of invoices for services provided. The same day they received this letter they wrote back apologising and stating they would like to help and by separate post they are sending out the invoices (bills in their terminology). Also gave an 0800 if would like to discuss. Oh and a postscript about a friendly speedy email service…. A week later the invoices arrive. 2 days later letter off to VF agreeing invoices OK and offering payment plan to clear debt to them. Same day as that is posted letter headed Creditors Note from CQ debt collection agency arrives. A colourful job with bright corporate VF red background. Payment required in 7 days or County Court claim. Another letter off to VF suggesting they have been premature and one to CQ telling them in discussions with VF and to await the outcome of those with a copy to VF. All went quiet for a few weeks so another letter off to VF asking for response to offer letter and subsequent letter about CQ and giving 7 days for response or would assume acceptance of offer. They write back stating they haven’t received the last 2 letters which have been signed for by the way. Please call to discuss and the same postscript. Also receive a letter from CQ with same date as VF one saying they will accept the payment plan as proposed but for a reduced settlement will accept a lower one-off payment within 6 days. Wait a minute here. Have you spotted the flaw? The letter with the offer was sent to VF and signed for and yet VF have stated they hadn‘t received it. Time to use a phone. Got daughter to ring both VF & CQ to give them permission to speak with me and rang them. First VF to get some understanding of how they can say they haven’t received letters they have signed for yet CQ have the details of those letters. Got some useful info from VF and in particular the date that the contract was actually terminated. You may see where we are going with this. Then rang CQ and tried to negotiate down a bit for immediate payment but they wouldn’t budge so got a few extra days. Rang again after the extra few days and paid the reduced amount. All sorted then. Not quite…. Got the experian report and VF have put on a 432100000000. Not an 8 that shows a default. First Direct refuse an account based on response from CRA which is what prompted looking the report. This week Barclays have also refused based on data from CRA. The only nasty thing on the report is the VF record. All other records show a single loan, credit card balances all with a perfect payment record and a few other entries of bank accounts again with perfect payment records. 8 searches over a year one being a credit card which was accepted in mid December so credit record must have been reasonable good then. The goal now is to get rid of the VF details which were placed on there fairly recently and state updated to period 4 days after looking at credit report which must mean they have supplied the data after the contract ended over 3 months earlier. It looks like the best approach is going to be based on SurlyBonds posts. I will start drafting something but if anyone wants to chip in with any comments or advice then please feel free to do so. Hope this long start hasn’t bored anyone to tears.

You will all probably be aware of the case recently reported that led to huge bills for owners of a farm who had a field that was rectorial property. Couple face £200,000 bill from ancient church law-Business-Law-TimesOnline

Claiming for kids and have sent off SARs for eldest. NatWest refunded all the charges when the account was closed several years ago so nothing to pursue there. Waste of a tenner! Halifax will surely be a different story. 07/01/2007 – Standard SAR request sent to Halifax 09/01/2007 – SAR received by Halifax according to phone call of 13/2/2007 24//01/2007 – Standard Letter from Ken ___________________________________________________ Thank you for your letter requesting specific information on your account with us. I can confirm that copies of duplicate statements have been ordered and will be sent under separate cover. If you have not received these within the next 10 working days would you please advise us on 01422 391152. If you requested information relating to manual intervention on your account, I regret HBOS plc is under no statutory obligation to record this information and therefore, I am unable to assist further with your request. Should you have any general account queries, please contact 24 hour banking on 08457 20 30 40. Details of how we use your data can be found on the Internet under the Security and Privacy section at Halifax Online - UK Banks, Finance, Telephone & Internet Banking or Bank Of Scotland - Home -. If you would like a copy of the registered Data Protection Notification details, this can be found at ICO – Information Commissioner's Office. Alternatively, please let me know if you would like me to forward a copy of either to you. Yours faithfully K Patton Ken Patton Data Protection Consultant Business Risk – Retail ___________________________________________________ 13/2/2007 – Ken’s 10 days has come and gone and no statements so thought we’d let them know – just in case they’d forgotten. Wouldn’t want them to default on any legal obligation! So phoned them today and was firmly told they received the request on 9th Jan and the 40 days is up on 16th which is when the statements will arrive. I guess they have a note on the account that states when the 40 days are up. 15/02/2007 – Statements arrived 1 day early! Quick addition gives £108 (4 charges as notified) over 2 years on account that hasn’t seen any action for the last 3 years. Seems like my eldest wasn’t getting charged often at that time. Will send out the request for return of these shortly and start on youngest who in the last year or so has racked up more on just 1 account in last year alone. Then also SAR to FD for eldest current account in last 3 years.

Janine Take a look at this thread http://www.consumeractiongroup.co.uk/forum/legalities/65306-forget-32-limitations-act.html A view on when 6 years starts and relevant case law I think. Another one recently posted at http://www.consumeractiongroup.co.uk/forum/general/66227-limitation-act-1980-s32.html

You would have thought that any reputable company would ensure that they have the Post Office redirect their mail when they move. Just think of all those important communications that wouldn't get to you such as all the cheques that people are paying them. A Judge accepted that lame excuse.:o

Looks to me that the only entity that could ask for repayment is that which made the payment, ie the company. The contract (in whatever form it took) was with the company. You offered the room for a period of time and they paid for it. A contract existed in that an offer was made and was accepted and a consideration (payment) made with a legal intention for OP to deliver a room for a stated period. The person who used the room is not actually party to the contract and has no rights to ask you to repay them something they haven't paid you for. IANAL - Just my thoughts.

So GE assume every one has callerID. Maybe you could respond along the lines of "I don't have caller ID. Let me hang up and use 1471 and then you call me back in half hour after I check the number you are calling from." Of course when they ring back you start again at the beginning as they don't know if you have a callerID phone and so it goes on. But of course as they use am automatic dialler it will be a different person who next rings you. The cold calls I get from Egg are from an automatic system checking recent transactions are not fraudulent. Pretty swift as well.