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gavman99

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Everything posted by gavman99

  1. In August 2013 I bought a car from a dealer and I arranged insurance through Admiral. The car is due Road Tax at the end of November but since I never received a road tax reminder, I contacted DVLA to find out where it was. DVLA told me the car has not been registered in my name and its still with the previous owner, so the garage has not sent them the new keepers details form. Now considering one of the insurance questions is "Are you registered keeper of the car" which I answered Yes to, does this mean that currently, I am not insured to drive it ? To make matters worse, about 8 weeks ago I was in a crash (my fault - damage to my car and another car) and everything went through the insurance company. What should I do ? Get the car registered in my name asap and forget about the insurance implications as they don't know anything ? Or should I be contacting the insurance company and tell them that, through no fault of my own, I think i wasn't covered when the crash happened. Not sure if the garage would be liable for the repairs here ? Any assistance appreciated. Thanks, Gavin.
  2. A couple of years ago, I put in a claim for a refund of bank charges against the BOS going back many years. Needless to say they knocked back my first letter. I sent a second letter which they said they would investigate......then a few weeks later they replied saying that had investigated, didn't find any wrong doing, original response still stands i.e. I still got knocked back. I never sent anymore letters after that. A combination of moving house and getting married and before I knew it, everything had been put on hold with the test case, etc, etc. So my question is this.........can I still use my original claim from 2 years ago to pursue a refund once the "claims on hold" rule gets lifted......or do I need to submit a new claim which effectively means I lose 2 years money from what I can claim ? I live in Scotland. My original letter was sent in April 2007 and my second letter was sent in May 2007. Many thanks, Gav.
  3. A couple of years ago, I put in a claim for a refund of bank charges against the BOS going back many years. Needless to say they knocked back my first letter. I sent a second letter which they said they would investigate......then a few weeks later they replied saying that had investigated, didn't find any wrong doing, original response still stands i.e. I still got knocked back. I never sent anymore letters after that. A combination of moving house and getting married and before I knew it, everything had been put on hold with the test case, etc, etc. So my question is this.........can I still use my original claim from 2 years ago to pursue a refund once the "claims on hold" rule gets lifted......or do I need to submit a new claim which effectively means I lose 2 years money from what I can claim ? I live in Scotland. My original letter was sent in April 2007 and my second letter was sent in May 2007. Many thanks, Gav.
  4. I sent my desktop back for repair just over 6 weeks ago and PC World have not been in contact with me about it. Therefore under the Performance Agreement terms, I am entitled to a replacement. However the desktop was over 3 years old, so its very unlikley that they will be able to replace like for like, so I wanted to ask if anyone knows what my options are ? Will PC World simply replace with the cheapest desktop they have ? I say this because chances are their cheapest desktop now has a better spec than the one I bought 3 years ago. I have checked the cheapest desktop and although the CPU, memory, HDD are all better, there are some components that it doesn't have that my old desktop did, such as two DVD drives and two firewire ports. Can I reject what they offer if there are any components at all that fall below my original spec, even if their are other components that are better than my original spec ? Also, how likely will they offer vouchers instead of a replacement ? Will they deduct "3 years value" from the original cost (how is this calculated ?) or should the voucher value have to be to allow me to replace with a spec NO LESSER than my original spec. Quite a lot of questions there I know, but wanted to get my facts straight before I contact them. Many thanks.
  5. have a question regarding an extract from the HMRC website(http://www.hmrc.gov.uk/manuals/recmanual/REC2421.htm) "Insufficient Goods - You may still levy distraint even if there may not be enough goods to cover the full amount of the debt and the costs incurred, provided that in the event of a sale, the costs and a reasonable proportion of the debt will be cleared. (This text has been withheld because of exemptions in the Freedom of Information Act 2000)" Does anyone know what percentage HMRC consider a "reasonable proportion" to be in these scenarios ? I would also be grateful if you could also specify whether your answer is definite or an educated guess. Many thanks.
  6. Thanks very much for your quick answer. Do you know if theres any way she can speed up the process of getting one of these letters ? It has already been dragging on for 5 months. All she gets is letters from either the comanies she owes money to or the debt collection agencies they have passed her details to. But it seems no-one wants to take her to court. All they do is sell the debt on to some other debt collection agency. Citizens Advice Bureau told her not to respond to the letters or telephone them. I'm not sure how this is helping though ?
  7. A friend of mine who lives in Scotland has no job, no assets and thousands of pounds of debt. She wants to make herself bankrupt, however Scottish Law states that in order to apply for self-sequestration, one of her creditors must have served her one of the following :- 1. a Charge for Payment and fourteen days notice have elapsed or, 2. a Statutory Demand and 21 days have elapsed or, 3. an Earnings Arrestment as a result of a Charge for Payment. She has received a letter which is titled "Default notice served under section 87(1) of the Consumer Credit Act 1974" If she doesnt pay the outstanding amount before 16th January 2008 they will (quoted):- 1. With effect from the date shown, by this notice we terminate the agreement, close your bank account and demand payment imediately of any amount you owe us on your account: and 2. on or after the date shown, we may take legal proceedings against you and/or instruct a debt collection agency to recover any amount you owe uson your account. Does anyone know if this letter is considered a "charge for payment" or a "statutory demand" as per the above ? Many thanks in advance.
  8. Can anyone confirm if the bankruptcy order basically null and voids the walking posession order that HMRC have yet to collect on ?
  9. Thanks everyone......much appreciated. Any further info would be most welcome......cheers.
  10. Heres my situation......... I allowed an HMRC officer into my house to discuss the outstanding income tax bills I hadn't paid. He asked if I could paid the monies there and then and I said no. He then listed the car and all items of value in my house on a walking posession order which I signed. I then had five days to pay the debt or those items would be removed by HMRC bailiffs. Two days later, I went to court and made myself bankrupt. The court successfully granted the bankruptcy order. I am now waiting on the court appointed trustee to contact me to discuss my assets, etc. I have not contacted HMRC to let them know that I am now bankrupt. I have been told that as they are listed as a creditor on the bankruptcy order, the trustee will contact them in due course (Is this correct or should I let them know ?) So my question is this......... 1. Can the HMRC bailiffs still remove the goods on the walking posession order ? 2. Or does the bankruptcy order override the walking posession order and all assets must remain in the house until the trustee arranges for them to be sold off ? If it's the latter, would HMRC basically rip up the walking posession order and leave it up to the trustee to rewrite the asset list ? Many thanks for any help you can give. Cheers Gav.
  11. Hi.......I realise this now.......what confused me was the bit about interest in the prelim template letter. I now realise this is OD interest. Should I really follow up with an amended prelim letter with no interest charges mentioned ?
  12. Now I'm a bit confused. The prelim template states "I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken". I thought this was what I have done ? If not, how do you calculate overdraft interest ?
  13. I am requesting repayment of the charges plus interest at 8%. So surely it makes sense to have detailed this on my spreadsheet ?
  14. Hi........heres the latest on my situation. BOS eventually sent me (albeit 7 days past the 40 day deadline) every bank statement covering the full banking period I was with them, going back to 1994. I calculated my charges and sent away my preliminary request for repayment of charges plus interest giving them 14 days to respond. In this I included a table detailing the date of charge, the type of charge, the amount and the interest at 8%. Yesterday, approx 7 days after sending my letter, I received a response to this letter. To summarise it states the following :- 1. Sorry to hear you are unhappy about the charges. 2. One of my colleagues will carry out a full investigation of your complaint. 3. Unfortunately the information I provided is insufficient to investigate my concerns, therefore can you please telephone us on the number above. Please have your account details to hand when you call. 4.Our commitment is to ensure we will respond to your concerns at the earliest opportunity however we do want to ensure that the issues you raised are thoroughly investigated. If for any reason we are unable to respond fully to your concerns within the next 4 weeks, we will write to update you of our progress. Should I call them as instructed ? Should I reply to this letter ? Should I ignore it and send my LBA as I said I would 14 days after I sent my preliminary letter ? Should I send my LBA now ? All advice appreciated. Thanks. Gav.
  15. Thanks Pete. So you're saying that at no point did the bank ask for your wifes signature on any documentation ? Did you get to the point of receiving a settlement cheque ? Was the cheque payable to just you or you and your wife ? Gav.
  16. Hi......heres my situation. I'd appreciate any assistance you can give. In 1993 I opened a bank account with Bank Of Scotland in my name only. In 1999 the account was changed to a joint account with my partner. In 2003 we closed the joint account. BoS have just sent me my SAR statements for the entire 10 year period I banked with them. The statements show that when the account was operated as a single account in my name, my bank charges totalled approx £1,400. When it was operated as a joint account, my partner and I had £400 in bank charges. I am no longer in touch with my ex whom I had the joint account with, which throws up the following question. When I send my inital claim letter to the bank, can I request that I am making a claim against charges only for the period 1993 to 1999 ? If they settle, can I request that any settlement cheque for this claim be made payable to me and me alone, as opposed to me and my ex ? Or are they likely to only ever settle for the latest names on the account i.e. mines and hers, regardless on the dates ? Does anyone know if the BoS can settle via CHAPS funds transfer (for a smal fee no doubt) or is always done via cheque ? Thanks for any help. Gav.
  17. I eventually got a response to my subject access request letter. Their response was dated exactly 40 days after they received my letter. And all they said was my statements have been ordered and I should receive them within 21 days and if not, to call a phone number. Can they legally do this ? Their letter also stated that the bank is under no legal obligation to record levels of manual intervention on my account so they are unable to provide this information. Is this the normal response ? Should I just wait the 21 days or should I call them now ? Thanks. PS - They weren't so low to cah my £10 cheque, which they did after about 12 days of receiving my letter !!
  18. So are you saying that if ask them to, a bank would issue two settlement cheques, one payable to me for half the amount and the other half payable to my ex ? Also, can anyone answer my previous question regarding settlement via a CHAPS transfer (minus the transfer fee). Do banks do this if I requested ? And is the account name validated on a CHAPS transfer or is it just the sort code and account number ? Thanks.
  19. I doubt it's something she would consider doing. Any charges were as a result of me going overdrawn, not here. Plus I was the main earner by a long way, so I could argue that it's me who deserves the refund. Putting aside the question of whether we both have to sign a letter accepting settlement for a minute, would they wire the money to my current account if I asked them to as opposed to sending me cheque. I would be prepared to pay the £35 CHAPS money transfer fee if this was the case. I take it in a CHAPS transfer, it's done simply to a sort code and account number i.e. they don't validate the account names ?
  20. Thanks for the reply. I read in the FAQ's (see below) that you do not need both signatures to make a claim against the bank as long as each person has full authority on the account. This was a standard joint account which means that only one signature is needed to sign cheques, direct debit mandates, standing orders, etc. I believe the only things you need two signatures for is to a) close the account, and b) remove one person from the account to convert it to a single account. Can anyone clarify this please ? See below for the URL to the FAQ's (it's the bottom one on this page) http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=4
  21. Hi, I'm making a claim against a closed account with BOS. I issued my statements request letter a few days ago recorded delivery. A bit early to hear back from them but never mind !! The account I'm claiming for was held jointly with an ex partner. I am no longer in touch with this woman and the account has been closed since August 2003. My concern is that any refund I receive will be payable to me and my ex, as opposed to just payable to me. If this is the case, my current bank have confirmed they will not allow me to pay it in. I even called one of these cheque cashing shops and they said pretty much the same thing. I'm sure any request from me to the bank to issue the cheque in just my name will be promptly refused. I doubt I'm the only person to be in this predicament so any ideas how I can get round this will be most welcome. Thanks. Gav.
  22. Hi, I tried searching the forums for an answer to this query but couldn't find any answers. I'm claiming a refund of bank charges for a bank account I held jointly with an ex partner. I am no longer in touch with this woman and the account has been closed since August 2003. My concern is that any refund I receive will be payable to me and my ex, as opposed to just payable to me. If this is the case, my current bank have confirmed they will not allow me to pay it in. I even called one of these cheque cashing shops and they said pretty much the same thing. I'm sure any request from me to the bank to issue the cheque in just my name will be promptly refused. I doubt I'm the only person to be in this predicament so any ideas how I can get round this will be most welcome. Thanks.
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