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Posts posted by jonnyk

  1. Thanks Both.


    I think required notice was given, and I don’t think there was any payment plan - just housing benefit being paid directly to HA without touching tenant.


    Also conscious that the last overdue rent payment listed was April 14, so 5.5 years ago.  My understanding is that when the age of this debt extends to 6 years old, it becomes statute barred and unenforceable, providing it is not acknowledged...


    I’m wondering whether it would be better to ignore the correspondence and hopefully this would not be escalated to bailiff, playing the waiting game until April 20, by which time there would be no way of legally chasing the debt?  Could there be a danger of engaging in further dialogue, which would jeopardise the statute barred timeline?


    Many thanks,



  2. UKSearch Limited


    Sorry I'm not sure what you mean "bet it doesn't say will anything if read CAREFULLY".


    Original letter states:  


    "Dear XXXXX


    Re: Debt Address: XXXXXX

    Type of Debt: Former Tenant Arrears


    UK Search act on behalf of our client XXXX who has instructed us to recover the amount of £XXXX, being owed to them under their reference above.  As you have not responded to earlier communications to clear this debt in a satisfactory way.  **There weren't any previous comms**


    If you are unable to pay in full, call us immediately with your proposals for repayment.  We will consider repayment by installments, based on your individual circumstances.


    If you do not respond to this letter within 7 days , we will need to escalate this matter to recover the debt on behalf of XXXX.  If you call us, we will explain this further."



    Does that help?

  3. Hi,


    A friend was receiving housing benefit paid directly to the housing association where she was living until April 2014, when she moved to private accommodation. 


    She recently received a letter from a debt collection agency requesting payment for around £1200 due to unpaid rent from her time at the HA. 


    This was the first letter that has been sent, and was out of the blue as rent at HA was all covered by housing benefit, and paid directly to HA. 


    She sent a 'Prove It' letter to debt collector - they then sent back a schedule of rent / payments that showed housing benefit hadn't been paid by council for the last 3 months of her occupancy.  It also showed that during her time there, housing benefit was paid sporadically, so there might not be a payment for 3 months, and then 3 payments made in a week to cover this.


    It looks like that the housing benefit was not paid on time by the council over the last 3 months of residency - and this has remained outstanding until now.  


    She is now getting letters threatening bailiff attendance.


    What advice should I give?

    Any help much appreciated.


    Kind regards,




  4. My partner had her review meeting today, and they have now extended the probationary period by a further two months. Is this on? It will be a total of 11 month's probation when the contract states 6 months with no mention of a provision to extend.


    As mentioned previously, on two occasions her probation period has been completed, and twice the company have attempted to degrade her status to probationary, despite the probationary period having been passed by default.


    Her treatment to me seems completely unreasonable and causing much undue stress. She will be 4-5 months pregnant by the end of January review and we both want to live without this uncertainty over her future employment status.

  5. Hi, thanks for the feedback.


    It is a sales role and the probationary period was extended due to targets not being met. Since the probationary period was extended, her sales results have continued improving - one month target was beaten considerably, the other two months targets were not hit but there was still improvement vs her previous performance. It is not unusual for sales targets to be missed across their work force.


    The recent time line was - we were on holiday in early November. During our break, her colleagues were informed of a new stream of work to be handed over to her responsibility. This is ongoing, indefinite business with no end date.


    The other half informed work of her pregnancy a few days later. The immediate response to this was that her probationary meeting would be brought forward (pregnancy should be irrelevant here so why the need to bring forward??), and when she inquired about the work that was to passed to her, there then seemed to be a lot of uncertainty over whether this was actually going to happen. This is all within the last week or so.


    Contractually her probationary period finished on 22 August. It was then extended, which contractually they were unable to do, until 22 November. This has again expired. An extract from her letter dated 23 November, is shown below:

    "On 24th August your probation was extended for 3 months. This period has nowcome to an end and we would like you to attend a probation review meeting to beheld on 26th November 2015,

    During the meeting, we will discuss your performance to date against the setcriteria for your role. You should bring to the meeting any records ofperformance you have relating to your 9 months in the business.

    This is a formal meeting and one of the outcomes from the meeting could bethe non-confirmation of your probation period and the termination of youremployment with the Company."

    I wonder whether the company should be informed that contractually the probationary period has already finished, and the time has elapsed for the probationary period to be reviewed in this way?


    If she is let go, I think we have clear evidence of unlawful dismissal on the grounds of discrimination and also breach of contract, but then she would be unable to get another job that entitled statutory maternity leave because she is already pregnant.

  6. Hi,


    I'm writing on behalf of my partner and will be grateful for any advice received.


    She began work on 23 Febraury 2015, with a 6 month probationary period. This would then expire on 22 August. On 24 August she had a end of probationary period review where the probationary period was extended by 3 months, due to her falling short of sales targets (although there was an upwards trend).


    A couple of points here: a) My understanding is that the probationary period is passed by default if not reviewed before it expires, and b) there is no mention of provision to extend the probationary period in this time in her contract. Is this a lawful extension of the probationary period?


    This brings us to now, when the 3 month probationary review is due to tomorrow, 26 November. Again, even if the clock was to start ticking from the review in August, the probationary period would have expired on 23 November, so is now again passed by default?


    As a side plot, she has since fallen pregnant :-) and informed work as soon as this was confirmed by the GP. This was approximately two weeks ago. Since this was discussed with her employer, the immediate response was 'we better bring your probationary period forward ', and a pipeline of work recently planned for her into the new year has been withdrawn.


    I am naturally concerned that her employer is considering letting her go within their interprsatation of the probationary period and I'm considering the options should this happen. I think there are a couple of things to go at - probationary period reviews after the probationary period has finished X 2, and in the worst case scenario, unlawful dismissal on the grounds of discrimination, given the change in behaviour after pregnancy was declared.


    Should we inform her employer that she has already passed her probationary period by default prior to her review tomorrow, and maybe influence her employer's views on what they can or can't do? Or wait to see what happens, and be prepared to fight if necessary?


    Any advice greatly appreciated.



  7. Hi guys,


    Finally managed to get to my parents' and dig out their paperwork. Please see the attached file.


    Does this look like anything that could be progressed?


    Any contributions appreciated.




    The very top of the doc says Rugby Finance Ltd.


    'Credit Agreement Regulated by the Consumer Credit Act 1974


    Lender: Cedar Holdings Ltd


    Total Loan 27306 paid by 180 payments of 442.10


    PPI 2255 repayment of 180 monthly amounts of 36.51


    Cash advance 180 payments of 405.39


    APR% 19.7


    signed 15 May 1991.


    Hope this helps with any advice.








    Think this should show ok now...

  8. Ok - sounds promising....


    My mum has said that she has the original paperwork detailing the £100 / month PPI.


    I was unable to find too much regarding PPI claims against Cedar Holdings, just people in similar positions to my parents' who were unsure where to address the claim. Some people had suggested that because the loan was taken around 1994ish that she would be unable to claim.


    My mum had rang Lloyds and they denied accountability for the PPI.


    Should she go directly to the FOS?


    Thanks again for any advice:-)

  9. Hi guys,


    I've done some googling but don't seem to find any clear guidance...


    My parents have details of a large loan taken out in the 90s with PPI added at £100 per month over 5 years.



    The loan was through Cedar Holdings who I believe have since been acquired by Lloyds / Black Horse.



    My parents were not in need of this PPI, this was missold.

    This would be a sizeable claim.



    Is there any avenue for redress?


    Would really appreciate some advice from this fantastic community! :-)


    Thanks in advance for any help offered.



  10. Hi,


    Thanks for your reply. I was employed at the time and did not have any medical history (well, asthma), but there were absolutely no discussions about suitability of product, needs assessment or availability of alternative products.


    The insurance was taken out in Feb 2001, which I appreciate is now over 10 years ago and doesn't put me in the best position.


    Would the advice now be to go the Financial Ombudsman, or is there a more effective route? Or given the age of my insurance, am I unlikely to have any joy.


    Thanks again,



  11. Hi,


    I have been trying to claim the PPI I had on a House of Fraser Storecard through GE Capital / Santander.


    Today I've received a letter rejecting my claim saying that "the insurance has been clearly shown on all statements... ...and could have been cancelled or a claim made at any time", and that there is "no evidence of the miss-selling of insurance".


    A photocopy of the application form I filled in has been attached. There are crosses written on all the boxes I was told to sign by the Sales Assistant who processed the application, including the PPI signature box. As a naive young man at the time I duly went ahead and signed where I was told to. I definitely remember that I was not given any information about the insurance though. And it's not something I would have wanted.


    Would the crossed boxes by the sales-assistant be any kind of evidence of miss-selling?


    Please could somebody advise whether I have a case for miss-selling, and if so the best way of progressing it now given the rejection.


    Any help is most appreciated.


    Thanks in advance



  12. Hi


    Me and my housemate moved out of our rented property on the 28th November 2009.

    we then moved to a new property just down the road where we paid concil tax from the move in date.


    The council are trying to make us pay for the month after when we wasn't living there. we have called the council numerous times to tell them this along with emailing them and contacting our landlord to ask her to sort it direct.


    the council asked for a copy of the tenancy agreement which i sent via post but they said they didn't receive it.

    I have emailed the council and copied the landlord in pleading with them to resolve as this isnt our issue.


    well since then the baliffs have got involved and been to our old property demanding money and the bill has gone from 185 pounds to 415 pounds. we shouldn't have any bill what so ever. Today i have emailed the council and the landlady again asking for this to be resolved between them selves, we are also sending another copy of the tenancy from the agency via recording delivery to the council tomorrow.

    the landlady isnt replying to us, can anyone offer any advise on what we should do next?

  13. Couldn't agree more with the clamping ban - hard to believe that this practice is legitimate in England.


    Thanks for the advice, Coupon - I've checked on the website and it appears to be a valid number, but you're right, there is no name on the receipt, just a signature. Does this give me any anything more to go on then, if I choose to sue?


    It was night, but I think the signs were illuminated. To be honest, it's not something I had paid particular attention to at the time - it's a place I go to quite regularly, so I was perhaps complacent when I parked where I did. Although I still cannot believe that it justified being clamped.





  14. Hi,


    I was clamped last night at Star City, Birmingham as I was parked at right angles in a parking bay instead of the normal way, as this was the only 'space'in the full car park that I was able to fit my car.


    My car was not sticking out in any driving area, dangerous or any obstruction otherwise. And I feel the clamp and the £125 release fee was an absolute joke.


    I've attached photos of my car, the receipt, the clamp sign and a satellite view of the parking bays to indicate my parking (mine in black). Also, is it ambigious whether the triangular marked space that my car is in, is intended for parking or not? No yellow lines etc. I honestly thought I was doing nothing wrong.


    Be really, really grateful if people with the know-how/experience could have a look and let me know their thoughts on grounds for appeal...


    So angry! Going on holiday on Wednesday and this is exactly not what I needed....


    Thanks so much for any help and advice offered.









  15. Right, i'll get her on to it immediately.


    I couldn't find much on this site, just linked to somebody elses thread that didn't appear general enough. But via google I found advice as below: Presume advice here is much the same?



    How do I apply?


    You need to ask the court for a general application form called an N244. See the example application form attached. You should fill in the N244 to include:-

    • The claim number of the case and details of the creditor or "claimant".
    • The reason for your request to set the judgment aside in PART A on the front of the form.
    • In PART B you should tick the box saying you rely on the "Evidence in PART C ".-
    • In PART C on the back of the form you need to include any evidence you have to support your case such as proof you have changed address or were out of the country. Any information you have about your possible defence should also be included.
    • Sign the "Statement of Truth" on the bottom of the form.
    • Send the form back to the court and remember to keep a copy.

    You must fill in PART C of the N244 to outline your evidence in support of your application and to include brief details of any defence. You should explain any delay in making the application. See example application form N244 attached.

    Also ask the court to stop any enforcement of the judgment until after the hearing to set the judgment aside.

    There will be a hearing in your local County Court in private with a District Judge.

    The court will take into account how quickly you made the application and may want to know the reason for any delay e.g. you only just found out about the judgment. "

  16. Hi,


    Thanks again for your help.


    It now appears that there was communication from a court order, but was sent to my girlfriend's previous address - she had moved house shortly after the incident on the train.


    So if there has been a genuine court order but the summons to appear wasn't received as it wasn't sent to the current address, how should this be handled given that there is now a bailiff chasing payment for over £300.


    Again, much apprecation for the comments and feedback here.

  17. Hi,


    Towards the end of last year, my girlfriend travelled with a train ticket that she was unaware had expired by a day, and received an on the spot fine. The normal fare for the journey would be less than £3.00.


    She (naively / something harsher!) disputed this and refused to pay the penalty there and then.


    Next stage was an increased fine received through the post, which she again disputed, writing back to explain that it was an accident that she had travelled with an invalid ticket, and thought she should pay something much closer to what the fare would have been.


    She didn't receive a reply.


    Bailiffs have now been involved, issuing a £300+ fine which she has now been shocked into the verge of paying.


    I've only just found out about all this, and, while I believe that the initial fine is something that should have been paid and not disputed, cannot see how a £2.50 train ticket 'avoidance' can turn into such an hefty fine.


    Would really appreciate advice of what her rights are and what the next action should be. A fine of £50 or so would seem harsh but fair. £300 is ridiculous.


    Just another comment. I have been reading up on the types of bailiffs and their fees, but not sure where this would sit?


    Would really appreciate some advice as soon as possible.


    Thanks in advance!



  18. Hi Norwich, thanks for your feedback. I'll try and have a look at your thread when I get home this evening, won't be having much of a lunch today unfortunately! :(


    I just missed the boat with my unfair bank charges claim last year - I had a court date for my hearing in the summer, just after the OFT anounced the Test Case, and I have now been stayed.


    Besides my Barclaycard, I feel I have also been missold PPI for my Barclays overdraft - it is not something I agreed to when I originally applied for an overdraft, and when I have extended my overdraft beyond the original amount online, I was unable to remove PPI - ie my application was unsuccessful unless the protection was ticked.


    As I have details of all PPI payments from my earlier bank charges claim, (although I don't think I have my original overdraft application) can I jump straight to sending a letter reclaiming these payments?


    I just phoned Barclays to try and cancel this PPI but was told I had to do this either by letter or by visiting my branch.


    I want to get my claims underway as soon as poss, but don't want to hinder my chances by jumping the gun in any way.



  19. I can't pretend that you can't see it - you can. Compared to the other preticked (precrossed) boxes, the difference in size would probably be similar to X x. So you can see it, but it is definitely easier to skim past without acknowleding when you read the contract, which I guess is exactly what's intended to happen, and it's definitely much smaller than other preticked boxes on the contract.

    Ok, when agreeing to a contract I should have been more thorough in what exactly I was signing for, but as a naive 20 year old at the time, you're not so aware of the way these things work and get easily duped into such schemes.


    I feel that I've got a pretty good case for misselling of PPI, how best should I prepare my argument?


    Thanks guys.

  20. I don't have any of my original contracts, just the copies that I have recently received, which is my Barclaycard Application, my Barclaycard Terms and Conditions and another updated Terms And Conditions.


    I was intending to write a letter to that address (thanks for that info) requesting a refund on my PPI charges on the basis that I have been paying for insurance that I did not know I had taken out so could not have been explained properly to me, and refer to the preticked box. Incidentally, the printed cross in this box is about a quarter of the size of other preprinted crosses in the application, as if designed to be subtle and missed by the reader. Is that relevant??


    Do I need more information before I can proceed with the above action?


    I also want to claim charges I have incurred, but to get things in motion thought I'd maybe handle the two claims seperately.


    Thanks a lot for all of the advice already given, all help is very much appreciated.

  21. Okey dokey, I'll keep my eye on the calendar for those 40 days..! Thanks for your help :)


    Oh, one other thing - I did only send one ten pound cheque to them for the request which was for both copies of my contracts and my transaction history. Do you think that there is any chance that they will be of the opinion that the £10 did not cover all their administration costs and will not be forthcoming with both requests???

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