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Everything posted by mcfadwmc

  1. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. getting back onto the subject of the charges on the account. i asked for a sharia account with hsbc a few years ago but they said no on religious grounds. the deal at the time was that the account had to have a minimum balance though of £1000. questions if the sharia account doesn't charge default interest then should it charge higher fees not lower to cover the difference. the banks decision making process on allowing a payment should be the same on either account so why can there be a different charge structure. my halifax account now charges £1 per day for being overdrawn so surely if they brought out a sharia account charging differently then that would be unlawful as the £1 a day charge is not interest why are the charges different on the accounts? charges aren't interest based, they are a fixed fee. so why should the charges be any different on the account
  3. i know someone who is sorting out the finances of a relative that recently passed away. a credit card company has said that £1000 is owed on a card and have provided the latest statement but nothing else. i have advised to CCA them as i think it wouldn't be right to pay out without receiving a copy of the agreement as there is no way of checking the correct apr was applied or that the agreement contained the prescribed terms. They have written back and are not providing a copy of it. So i think that we should write back to them and say that all the finances would be sorted out within 14 days and if they don't provide a copy of the agreement then their claim will be turned down. can anyone see how they would have a claim against the person sorting this out if they later provided a copy. in my eyes they are already in default and so currently have no claim against the estate
  4. hello not been on the forums for ages but doing a welcome claim for a friend so thought i'd see if there's any new tactics. did anything come of the insurance premium tax or SFO investigation. claim is roughly 3k but theres also another 8k added to the amount paid in settlement for which there is no explanation can i go through FOS and original loan taken in 2003 but 8k added in 2005 when settled. i know i had amounts unlawfully added to my account which i was unable to recover (unlucky day in court) but this is in a different league.
  5. a long time since i last did a claim so asking around for advance notice of new tactics a friend has a claim for roughly 3k ppi against welcome which i'm kindly doing for them. just about to get started so wondering if theres anything new on the ppi front as it's been about 18 months since i last did one. last i read there was some investigation into insurance premium tax? also SFO investigations? plus.... the same account had 8k added to it without reason which my friend paid off without questioning. as this was all done in 2004-2005 were welcome fsa regulated then? so can i take it to FOS
  6. it doesn't work google - basil rankin you'll see how many people question his theories
  7. If someone wants to do a s77/78 request or SAR request for a credit card where the person has died to authenticate any claim then should it just be done in the same way as doing it for yourself. Plus what law relates to the passing on of debt from parent to son/daughter on death
  8. is there any template practice directions for dealing with a CCA case when filing an allocation questionaire
  9. hello thread resurrected!!! jesus is it only a year since i was in court. seems like ages ago court was in northwest, i had a trip down to nottingham to deliver court bundle by hand though. stopped in a very nice best western hotel too looking back, my mistake was to concentrate on claiming that they told me the PPI was compulsary. there are so many other reasons why it was mis-sold which i could and should have concentrated on more. all the paperwork said optional so it was my word of what they said against their evidence in writing. anyway, my account was paid up and so for me this was just a straight PPi reclaim but i find it quite funny that one of the points raised on the day by welcome was that the agreement may be unenforceable (ie, court not able to force a refund from them) as the £75 admin fee was added to total charge for credit along with PPI. was talking to someone the other day who has plenty of dealings with unenforceable credit agreements who told me they're getting tanked on this at the moment what goes around comes around though, good to see cattles looks like it's on it's way out. re;Second issue was that of retaining a wrongful credit maybe that's why they've had to restate their accounts and suspended several directors. Would i be cheeky in asking the FSA if they found my overpayment while they were looking through welcomes accounts....
  10. thanks for the reply the DCA has implemented court action and an N1 form has been received. i will send off a s77/78 request as well as a DPA request but i need to make sure a defence is filed before any deadline for compliance would be up so have drafted the following so far. any comments or additions please _____________ DEFENCE _____________ This defence is filed and served without prejudice to the defendant's case that the particulars of claim do not disclose reasonable grounds for bringing a claim. In the event that the claim is not properly particularised, the defendant will apply to strike out the claim and/or for summary judgement in respect of the same. No admissions are made by the defendant of any indebtedness to the claimant. No admissions are made as to the amount owed by the defendant in respect of an unidentified account with the claimant. On allocation the defendant invites the court to direct that there be a case management conference in order for the court to consider the making of appropriate orders to give the claimant the opportunity to properly particularise the claim. From the brief details stated on the claim form, the defendant seeks clarity from the claimant and requires further details of the ‘Credit Agreement’. The defendant has therefore made a request under s.77 and s.78 of the consumer credit act 1974 to receive a copy of the executed agreement and any other document referred to in it (a copy of which has been given to the court). If the claimant confirms that the alleged agreement is regulated under s8 of the Consumer Credit Act 1974 (CCA 1974) and does not fall within any of the exemptions in s16 CCA1974 or under the Consumer Credit (Exempt Agreements) Order 1989 but fails to provide a true copy of the original credit agreement, then under s61(1)(a) CCA1974, a regulated agreement is not properly executed unless a document in the prescribed form itself containing all the prescribed terms and conforming to the regulations under s60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner. Under s65(1) CCA1974 an improperly executed regulated agreement is enforceable against the debtor on an order of the court only. Under s127(3) CCA1974 the court shall not make an enforcement order under s65(1) if s61(1)(a)(signing of agreements) was not complied with, unless a document (whether or not in the prescribed form and complying with the regulations under s60(1) itself containing all the prescribed terms of the agreement) was signed by the debtor or hirer (whether or not in the prescribed manner). From the brief details stated on the claim form, the defendant seeks clarity from the claimant and requires further details of the ‘Credit Agreement’. The defendant would therefore remind the court of the requirement of the Civil Procedure Rules (CPR). Paragraph 7.3 of Practice Direction 16: 7.3 Where a claim is based upon a written agreement: (1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Until the claimant remedies the lack of particulars in the Particulars of claim, the defendant is unable to plead and reserves the right to plead upon further particulars. Statement of Truth The defendant believes that the facts stated in this defence are true.
  11. has anyone got a template defence where a debt collection agency has taken someone to court where they have bought a debt from the original lender i want to file a defence and make a s77/78 request in the mean time thinkin of using If a case based on such an agreement comes to Court, the defence should point out strongly the requirement of the Civil Procedure Rules (CPR). Paragraph 7.3 of Practice Direction 16 says Quote: 7.3 Where a claim is based upon a written agreement: (1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. has anyone got any further details of a defence
  12. don't know if i've already stated this on here before but when i was in court with welcome over PPI amongst other things, i said that as it was included in the total charge for credit it should not be considered optional. Welcome then countered saying that the agreement should be unenforceable on both parties as the PPI in the TCC amount renders it unenforceable. Since i had paid off the loan previously, this was an attempt by them to use the unenforceable arguement to avoid paying up on the PPI. in the end the point wasn't even considered by the judge but i wish i'd asked for a declaration to go on record or somethin like that. i'm not even sure if the unenforceable arguement works like that as it seems to be centred on the borrowers indebtedness rather than both parties
  13. you need to be careful about bankrupcy and gambling. no experience of it myself but i'm sure that i read that if gambling is involved in debts then it could be up to 18 yrs before you're discharged. will try and post a link if i can find one
  14. We just moved into a property and noticed letters from several DCA's, Baliffs, County Courts etc. for everything from driving offences, non payment of council tax to credit card debt, loans arrears If bailliffs do turn up then i've got a copy of the tenancy agreement handy but is there anything i can do if they try their luck in entering property or clamp my car. Would a call to the police work? or is there something else i could do to instantly get rid of them?
  15. i've been to court with welcome re: PPI and lost. two of the issues were that the PPI agreements (which were supposedly original copies) had addresses on them which i didn't move to until three years after taking the loan out!! so i alleged that the policy documents did not exist making the policy void as it was impossible to make a claim without the documents which never received. secondly, i SAR'd Direct Group who sent back saying they had no information on me at all, no policy numbers or anything. when i showed this to the judge, welcome produced an email string of a conversation between welcome and direct showing that they had trouble with locating my account and had written to me later in the claim (nothing received by me of course). very convenient i thought and this evidence was not submitted prior to the hearing. i lost by the way purely because it said Optional on the agreement
  16. Quick question i'm having a tax year assessed and came across the EIM32712 flat rate expenses table. have i got this right - if i'm a joiner working in the building trade on PAYE then i can claim £105 back from what i paid in tax last year. or is there some sort of assessment of what i actually spent on stuff? i also confirmed that i can claim back six years so should i just write to the tax office and ask fro £630 for flat rate expenses it surely has to be harder than that to get some money back in a tax claim has anyone tried/succeeded with a flat rate claim. whats the process like
  17. thanks for the reply seville. i've got info back from my first employer. it states that my total earnings and taxable pay are almost the same figure. As i got a redundancy payment within this total earning that shouldn't have been taxed i think i'll get a tidy sum back. Part of my redundancy overall payment was pay in leiu so i understand that that has tax, nat ins applied but the actual payment for being made redundant shouldn't be taxable should it? i'm sure i read that anything under 32k is not taxable. just waiting on the info from the second employer now to get the full picture for the year
  18. thanks for the replies i've got my first employer to send me copies of all the info i need with regards to pay and redundancy. the second employer is trying to charge me to provide a statement of earning though as they say they'd have to look through archived records to get hold of the correct info. are they allowed to charge for it? Should i just SAR them for a tenner? would these details be covered by DPA....... wish i'd have kept my P45/60 I've found the correct tax office to send it to too. What do i write? dera mr taxman, can i have the year 2002/03 assessed for a tax rebate? or do i need to put in more details of why i feel i've paid the wrong tax
  19. just a quick question to see if anyone has gone through a tax rebate assessment with the inland revenue i was made redundant in 2002 (right on the six year deadline) and i've asked for an assessment for the year but i'm looking for any advice on how to do it easier/quicker basically i'm trying to collect a statement of earnings from the job i was made redundant from and the job i went to. Then i'm getting details of my redundancy payment. should i be looking to provide the inland revenue with anything else. also where do i send the information to, my local tax office? thanks in advance
  20. personally i'd just search google for "watch - movies . net" qualities not brill on some films but it's free and they're more recent films than sky have it's streaming so no downloading either
  21. paying back before the first installment is set out in the CCA so you just quote that but the problem here is that the people you're talking to won't know about it. their systems probably won't offer this option either. i think the way to approach this is to pay off the amount asked and register a formal complaint straight away with the person who takes your payment. get details of the banks complaints procedure and make sure they stick to it. ie, confirmation in 5 days, final response within 28 days etc. shouldn't imagine you'd need to take it further as your rights are clearly stated.
  22. it's legal under early settlement of loans regulations but............ have you checked that the interest they say you've been charged so far is correct. you'll find that they may have overstated the interest you paid earlier in the loan but the figures need checking through an amortisation calculator (search google) they're allowed to charge interest up to a maximum of two months after you ask to settle the loan.
  23. moving shortly and using a new letting agent who has sent us forms headed with a 'leaseguard' logo to do the reference checks etc. now having endured years of being ripped off ( and subsequently reclaimed everything) i'm suspicious of the wording on the application form on several points..... 1. it says that they'll check the credit stuff, employment etc and consult a lettings database to see if we have previously wrecked anywhere (but i've never even been asked for my authority to be added to such a database by previous agents) then they'll add our details to this database to supposedly keep track on what we do at our new place. i don't mind them telling everyone we're great tennants but what if they put something bad on this database that i don't agree with. will i be able to see what they've written? it doesn't seem like i have any comeback 2. unfortunately if they turn us down we have no rights to find out why but they will still keep a record of why we were turned down for future reference? surely against DPA 3. the whole thing reminds me of PPI. leaseguard seem to be involved in insurances so why do they deal with reference checks. i suppose i'm thinkin that the letting agent will tell me that my rent is say £1000 a month, then tell the landlord that i'll pay £800 a month, and they split the difference with leaseguard to offer the landlord !!FREE!! insurance against us not paying our rent...... 4. letting agent charging £150 but leaseguard website says they'll do it for £20 so who's keeping the other £130? and for what? am i just being paranoid or does it sound a bit dodgy. i don't have anything to hide and don't mind credit checks as i've got an excellent credit record and i'm the model tennant (ie, long term, no fuss, rent always paid on time, no loud parties, no decorating etc), it just seems like it's all a bit cosy for this company and the letting agent. anyone else had any experience with leaseguard
  24. interesting i posted this several months ago that there was a report about pre-ticked boxes in relation to PPI agreements "not sure if anyone has come across the dti report from oct 04 or whether it's discussed in other posts with regards to ticking boxes on agreements with PPI included. it says to look at part iii of schedule 5 of CCA but i can find schedule 5. For a copy click here: DTI Document last section titled 'Signatures for the purchase of additional contracts of insurance' any ideas" appologies... i have no idea how to quote or link so hopefully it'll work but if not then it's in the PPI forum under useful documents
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