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Everything posted by mutzi

  1. This topic was closed on 09 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. This topic was closed on 09 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
  3. This topic was closed on 08 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
  4. Can I ask if you had any luck with this? I just found out about this law after being charged £70 'admin' for references etc for a flat I've yet to move into. No fee, no tenancy, was their attitude when I queried it... so paid and then started looking into it some more. I have to wonder what it is the landlords are paying them for, seems like both sides are being charged for the same activity! I've drafted a letter (to send after I have moved in) with the aim of recovering this money and hopefully making them think twice about mucking me around with the return of the deposit when the time comes. Personally I'm mentioning the rent act first of all as the UTCCR, I think, is less clear cut here. You might want to include a reference to the housing act 1988, the rent act covers only protected tenancies, the housing act extends it to assured ones.
  5. You will owe for the last 2 years only, they also have to be reasonable in repayment arrangements. Look on the bright side you got 5 years free power
  6. Your post isn't 100% clear, what period does the £3600 relate to, the whole 7 years? Read the bottom 2 sections of this page: energywatch: Billing Basics Stay away from the keycard meter, they are more expensive to run. Don't pay extra for their mistakes.
  7. Unfortunately they can and will. All the banks tend to do this (that sounds familiar.) They will likely close her current account when she makes a claim, so they can't do it again at any rate. To be honest I would just tell them where to shove all of their accounts As for the notice period, this is set out in the banking code. The best I would imagine you would achieve by going down that route is simply a refund anyway.
  8. From personal experience energywatch seem to be quite efficient at dealing with these people, so you've done the best thing there. You could always try the press, local or otherwise, those responsible won't like it much. Depends on whether you're comfortable with any publicity over it.
  9. The problem, and the reason they get away with it, is lack of proof. There are a few threads around here where a bailiff has assaulted someone, usually trying to force their way in and when the police get involved they turn around and make out its them thats been assaulted by the debtor. He'll just deny saying any of it or with regards to listing your equipment that he didn't know it was required for your employment. It's your word against his. This however doesn't mean you can't lay it on thick with the council and try to get them to accept payment direct from you. All you can really do is demand they reduce the charges to the correct level. Obviously this IS something you can prove they've done wrong so they should back down pretty quick. It's just a pity so many people never even know they're being overcharged.
  10. Write (don't phone) and ask them to provide a breakdown of their charges. Work out from this page what you should have been charged: National Debtline England & Wales | Debt Advice | Factsheet 02 Bailiffs And Council Tax From the same page, they cannot take "such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation"; Good luck
  11. The 6 years limit refers to the date of the original default, any further payment or acknowledgement by the debtor in writing, whichever is the most recent. So if she hasn't paid anything and hasn't sent any acknowledgement in 6 years she's fine. The fact that they sent something last year (when it was probably already over 6 years anyway) is irrelevant. The letter mentioned above (http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html#post162366) should get rid of them.
  12. Referal fees sound like... penalty charges. Claim them back
  13. Sorry to hear they are still chasing you maggie. Remember how many deadlines they have said they will take you to court after, in your very first post in this thread you supposedly had until the end of September. It's just intimidation. And a couple of additional points you could throw in when complaining. Studio have charged you for PPI without any sort of agreement. Wescot have sent you a letter stating they are no longer dealing with the account and then continued on anyway. The ICO should be able to get wescot to provide you with the infomation requested. Neither the OFT or FSA will take up individual complaints, if laws have been broken they will act for consumers as a whole. Trading standards I think are still your best bet for ridding yourself of wescot.
  14. Yes, unfortunately, overdrafts are 'repayable on demand' and the OFT guidelines (http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/55579-oft-guidelines-debt-collection.html) are designed to cover accounts after default so they don't have to accept payments over time yet. Why they won't though is beyond me, a debt collection agency will take a cut of the original debt from abbey for their 'services' so from a business point of view they stand to lose out. I'm guessing whoever you spoke to just isn't capable or willing to accomodate you. Your obviously want to avoid a default notice so you could try writing to them (don't phone again) and offer a repayments as you can afford. If this fails perhaps you can arrange an replacement overdraft with your new bank to cover it, a bit like a balance transfer on a credit card. You'd be best to try this sooner rather than later as getting sufficient credit after a default has been registered will be considerably more difficult. Be wary of abbey adding charges to the current balance now that they've removed the overdraft, if you act quickly enough it may save you having to go through the process of reclaiming them again. Good luck
  15. http://www.dti.gov.uk/consumers/buying-selling/unsolicited/index.html
  16. Read this. Abbey should let you have access to benefit payments anyway. http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/36790-bank-taking-your-benefits.html This is from the CAB site: Payment of benefits and tax credits I don't know who's to blame for the payment not being transfered in the first place but the DWP are clearly at fault for the long delay. Good luck
  17. Oh dear (for them.) Is it £37 total or £37/month? The £21.50 charges I'm guessing are for late payment/over limit. What are the £3 ones listed as? Doesn't matter I suppose if there never was a credit agreement
  18. I'm sorry to hear things are going so poorly for you maggie. I would ignore this until after Ignore what studio have said, you only need the figures.How much are these 'admin fees' anyway? Have you got information on any charges added by wescot? If so add them all up. If the total charges from studio and wescot exceed the amount demanded then they owe you money If not I would ignore the deadline anyway as they would be stupid to take this further. You could get their number blocked as suggested but it's likely they'll have more than one, or just start using mobiles. If you can, make a note of the date/time of every call and the contents of any message left. If you want to try recording calls go for it, but I would guess they won't say much more once you tell them. Alternatively just don't bother answering if you know its them or hang up as soon as you realise. Once new years passed and you feel up to it I think your best bet would be to contact trading standards, point out the cca request failure, the phonecalls, the letter saying they'd closed the account, the fact you dispute charges on the account, everything. Remember for the CCA request alone they stand to face a fine of considerably more than £585 if you report them for it. Further the harrassment by phone is another criminal offence (or rather offences) and something you could also potentially sue them for damages over. Until then let do your best to ignore them and deal with the more important things. Your local office can be found by entering your postcode here: Trading Standards Central - Trading Standards and Consumer Protection information for the UK
  19. BT should have sent you a letter telling you it was sold on. Moorcroft should have stated they bought it initially too. The lack of any sort of contract with moorcroft is exactly why they can't charge you, but even if one existed those charges would still have to be lawful (minimal costs.) The £406 is the maximum you could possibly owe them. What you have to remember is that moorcroft will have bought this debt for peanuts, somewhere on this forum it's stated at between 7% and 12% of the original value so they always profit as long as they manage to collect.
  20. mutzi

    Direct Debits

    That depends how much of a fuss you kick up with pipex. Legally you owe them the money but if you complain about the stress of having it taken just before christmas, the bank charges (even if refunded,) them stating the DD guarantee didn't cover you etc they might knock some of it off as goodwill. Don't forget how disappointed you are and how your considering taking your business elsewhere. At the very least if you do owe them anything it should be paid off over however much time you need, not all next month.
  21. mutzi

    Direct Debits

    Found this as well Direct debits - what to do if one goes wrong
  22. mutzi

    Direct Debits

    Your just talking to the wrong company. The bank/building society are responsible for covering you and it's up to them to take the issue up with pipex. Just explain the situation and quote the above.
  23. I'm not sure about the second paragraph. You should be clear about what you want, drop the 'for example' bit and try something like 'I require a complete and up-to-date statement of account, detailing all activity from the date it was acquired by your company.' I would also read through the guidance your quoting from, there is more to it that charging and you might find it very useful now or in the future. You'll need adobe acrobat reader to open the file. http://www.oft.gov.uk/NR/rdonlyres/50F06527-9FC5-4610-B385-999D6E2A8950/0/oft664.pdf Once you've given moorcroft this letter you can check for charges that BT (probably) applied when they still had the account. I couldn't find a specific BT thread but here's a pretty thorough account of claiming late payment charges from telewest: http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-broadband/9306-telewest-10-00-late.html . With BT it might take some time before you get a result, but stick with it. Good luck
  24. Hi, I think there are two issues you need to look into. Firstly, did BT add any late payment charges (or similar) to the original bill? These can be claimed back in the same way as bank charges. If you don't know or don't have an accurate figure for this the first step would be to send a S.A.R - (Subject Access Request) to BT, which as you said is the data protection act letter. Secondly, moorcroft adding on their own charges. This is slightly different. The OFT pubished this in 2003: http://www.oft.gov.uk/NR/rdonlyres/50F06527-9FC5-4610-B385-999D6E2A8950/0/oft664.pdf which states The short answer is you have no contract with moorcroft so pretty much all of the above applies. These are just guidelines but the law does back them up. Your easiest first step might be to write to them, firmly state that they should remove any such charges from you account and quote from the above, if they do not you will report them to the OFT, trading standards and anyone else you can think of . You shouldn't have to send a sar to them for this as you know the exact amount they've added on at £101. They will probably reply refunding the charges as 'goodwill'. Debt collectors don't seem to have the stomach to argue like the banks. If they don't your other option is to simply stop paying after you've reached the original amount, there is not much they can do about it.
  25. You could try trading standards too, see what they say. You may want to use this in any further letters. This isn't legally binding but holding a credit license is subject to the OFT's approval. Quote from their guidance on debt collection: http://www.oft.gov.uk/NR/rdonlyres/50F06527-9FC5-4610-B385-999D6E2A8950/0/oft664.pdf Page 9 and 11 From a legal perspective there is the Administration of Justice Act 1970. This would be a criminal offence. You could take various action for harrassment but I would seek professional advice on exactly how to take this further. Good luck
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