Anyone any idea. Mick

Hi I received a letter from the TC office informing me I had been overpaid in Febuary 2009 and they intended to collect the overpayments by reducing future awards. They started to reduce my award in the 10th April 2009 and I went BR on 29th April 2009 including this in the bankruptcy. It was my understanding that once discharged that the reduced payments would cease and the debt written off. I have contacted the TC office and have been told because they did note make there final decision until May 2009 (after the date of my BR) that the debt is still outstanding and shall still have to be paid. This even though I was informed in Febuary 2009 2 months before my BR of there intension to claim the money back and the repayments being reduced 2 weeks before my date of BR to pay off the overpayment. Surely this can not be right, I just seem to be going round and round in circles and they keep saying its to do with the date of there decision to claim the money back. Even though they started claiming it before my BR date? Thanks for any advice or help in advance. Mick

Hi in Febuary 2009 we recieved an amended awards letter from the tax credit office telling us that we had been overpayed by approx £2000 and that they would reduce our award to clear this overpayment as they intended claiming this back. This was one of the main reasons for us declaring ourselves bankrupt 2 months later in April 2009. My understanding is that if the TCO has informed you of this overpayment and there intension to claim it back before you go BR then they can continue to reduce your payments until you are discharged and then its like any other debt and written off. I have informed them of this but they rtnd a letter saying they did not make there final decision until May 2009 of there intention to claim the money back so it was after our BR therefore we need to repay the lot. The letter we recieved for our amended taxcredits shows that they are wanting to claim this back and that our payments were reduced instantly, surely this is proof in itself and now the reductions should cease and the overpayment written off. Thanks for any help. Mick

Thanks for the reply, i have changed the link. thanks again mick

Hi i signed up to a 2 year contract, the gym is always so busy you can never use anything, there are wholes in the floor under the carpet where the weights are dropped which i consider to be dangerous and my wife hurt herself on a treadmill when it stopped suddenly, There are never any staff around to report this. here is my terms and conditions that we signed upto https://www.snapdda.co.uk/Clients/_MasterDocs/MasterTermsAndConditions_0709.pdf thanks for any help mick

Thanks for that Mick

Hi about 2 year ago i requested a copy of my cca agreement from Moorcroft for a catalogue debt. They wrote back informing me that there was no agreement so the debt was unenforcable. Eveything went quite for about a year but since then Phoenix have been passing this debt from one DCA to another monthly. I keep sending them copies of the letter from Moorcroft and they tell me no further action will be taken until the following week when Phoenix pass it on again and the process has to be repeated. I cant find any contact details for Phoenix to directly question them about this and am sick of repeating the process month on month. I also understand that my credit file should be altered if no cca agreement is held. Anyone any ideas what to do. Thanks Mick

Hi we applied for our charges to be refunded to us in may 2007 but as we all know all cases are on hold. We went bankrupt in April of this year but have recieved a letter from the OR informing us he us applying for early discharge. Once we are discharged if its ruled that the charges are claimable will we still be entitled to the amount we filed at court. Thanks

Yep off we go, thanks for your help with this Martin

Thanks Emma, going to court to pay the fee tomorrow. Usually used MCOL but doing it at the local court this time, all other times it has been for credit cards and have been paid up within 28 days, is this how it usually works with Virgin

Recieved another email from them today as I sent a further email to them having not heard there final responce yet as I was told that I would hear it on Friday. Email below. I have liaised with our legal team and as discussed with you on Tuesday with Dorothy, when customers fail to pay their bills on time or only pay part of their bill, the collection process inevitably starts. Whilst we're not obliged to give a breakdown of our business operating costs (including those of our collection process), we can assure you that the £10 late payment fee covers only the direct costs incurred by us in the collection process resulting from late payments. To help you understand the work involved with collecting late payments, here is a brief outline of what happens: An account is overdue when payment is not made in full by the due date for payment. If full payment isn't received by the time the next month's bill is issued, the £10 late payment charge is applied to the next bill. The collections process has numerous steps including reminder and other letters being sent to customers. Calls are also made to customers by the collection team. If payment is not received during this process, restrictions will be placed on services followed by disconnection and account closure. We've looked at your account and payment history over the last year and, as John in Customer care advised you, at no point have you cleared your bills in full, hence a £10 charge has been placed on each bill during this time. During your conversation with Dorothy, she recommended that you pay by direct debit, but you stated the payment withdrawals wouldn't coincide with when your wages were paid in and this would in turn cause problems with your bank accounting. She therefore offered to have your bill date changed so that direct debit payments are collected from you at a more convenient time, but unfortunately you turned this solution down. If you reconsider, and take up the bill date change option and pay by direct debit, We'll credit your account with £60 immediately to refund the £5 payment handling charges over the last 12 months. You'll of course also save yourself £5 a month in the future. However, as the payments you've made over the last year have never cleared your full outstanding balance, We regret the late payment charges must stand and can't be refunded. Please let me know your decision at your earliest convenience To which I replied declining of course. Can I ask how long does it normally take before they pay up. Plan on paying the fee tomorrow.

Thanks Martin. I will file my claim this coming wednesday. Mick

Anyone know if this is likely to be another offer, full amount or a refusal. Thanks Mick

Yeah thanks mate I read that thread, very interesting. Thanks again mate

So what do you think there next step will be Atwozee. Worried about them getting an attatchment of earnings

Hi I have not heard from MBNA for a while but have today recieved the letter below. They are threatening a defaut, court action, baliffs and an attatchment of earnings.

Just had a call again from Virgin, said that the matter had been passed to there legal dept and I should hear from them early next week. Wonder if this will be my money or me taking them to court. They have till Wednesday before I send of my claim to court.

No you cant add the interest until you have to go to court.

Hi Emma I would accept what they have offered you and then stary another claim. I have done capital 1 twice now, getting full amounts both times.

Hi sent them an email in reply to there final responce of a refund of £60 telling them that this is unacceptable and that I will be commencing court action. I have just recieved an email from them from a James Mitchell as below Thank you for you email to Neil Berkett, I will review this case and come back to you tomorrow with our final position in this matter. Thanks for your continued patience in this matter Regards James so lets see what they come back with. I am willing to take it to court if needs be.

Hi once you recieve your request add all the charges up and then write them a letter requesting them to be refunded also include a list of the charges. They will proberbly phone you and tell you that you are not entiteld to them and that is there final responce. Once you have had this responce by letter or telephone then send them the LBA.

Ok thanks I will do that now. Will let you know how I get on. Thanks Mick

Hi Emma I told the woman that I spoke to that I would be starting court action in 8 days time as £60 was unacceptable. They have had the LBA for about 6 days now.

Hi I sent a email to Neil Berkett last night regarding my account and recieved a call from his office 2 mins ago. The woman I spoke to said that they were only willing to credit my account £60 which is 5x12 non d/d fees. I told her I would not agree to this as I am claiming approx £500. She just said fine but OFCOM are well aware of our charges and we left it at that. Said she would note the account that I had declined the offer. Guess its got to go to court now. Mick

Thanks Emma, can you remember what you put in your email. Might be worth while me trying that. Quite despertae to get the money as myself and wife are going bankrupt at end April so would help towards the fee.