Hi all,

 

It's been a while since I last posted here but here I am again. I'm pretty much 'almost' debt free now. I've not got any bank charges in about 3 years now until last month. To cut a long story short my husband and I split. He's not paying child maintenance and I'm supposed to be going away soon and have come to a cash shortfall and attempted to get an ongoing overdraft and was declined.

 

I signed up to creditexpert for a 30 free trial and was looking at my file when I noticed that I have a few defaults. As I said before, it's been years but there are ones. I'll post some info on it so that anyone in the know can help me as much as possible.

 

- I have 7 green satisfactory records where I have either paid loans up to date/paid off/kept up to date on credit.

- I have 4 red defaults, according to the file scoring system on all 4 of these defaults 'you (I) have failed to keep your credit agreement and have not responded satisfactorily to requests to put your account in order. As a result the credit agreement has ended'.

 

Now, I agree with 2 of them which I recognise dated in 2007. However, there are 2 more dated in 2009 and 2010 which I'm not sure who they are....

- Credit account management (is this my bank?)

- LOWELL PORTFOLIO I LTD - no clue who they are.

 

Looking closer, the account says it was 'updated' in 2010 but I 'defaulted' in 2006 on the credit management one. So I assume that in 6 years after (2012) it will be removed. Is that correct?

 

I don't have many searches on there. Only insurance ones when I was looking for car/home insurance and the others are unrecorded enquiries.

 

How would I improve on my credit file from here? I have a mobile phone contract at the moment. Never missed a payment since it started in April (which shows on my credit file) as does Next and some old catalogues I have which I do not use anymore. I don't really want to take any further credit out nor use the catalogues. What would anyone suggest?

 

Sorry this is so long. Thanks in advance to anyone that can help me.

Hi all,

 

Just a quick Q. When is the best time to call the tax credits hotline (0800 300 3900) number and actually get an answer? It answers then hangs up on me, which has got my blood boiling. Argghh!

 

Not sure why they ditched the call waiting system! :-|

 

Thanks in advance.

 

-Lisa

Hi all, another month gone, another year older still nothing from the courts, no contact what-so-ever. I don't want to wait anymore, it's driving me insane (literally!) nothing seems to be happening.

 

My dad said that the consumers won at the commercial court. Is this true? If so, why aren't claims being paid and the ball rolling?

First of all congratulations on your win. Very nice. How did you win so fast? I've been doing my claim with NW for over a year now and I got my claim put on hold. I've not heard anything from them.

I can't advise on Atlantic's policy, but EDF have similar tariff called Energy Assist (15% discount), which is available to people in receipt of Income Support, Pension Credits and (I think) some Tax Credits, as well as those classed as 'fuel poor' - spend more than 15% of their net household income on energy bills.

Thanks for posting that. However, I do not spend over 10% (or 15%) of my income on energy bills. I would not be entitled to it. Why? Maybe I claim too many benefits?! *enter sarcasm for being penalised for that too lol*

 

Although, I still pay more than 'average joe' with a stair lift and electronic toilet and other means. I was thinking of even buying an electronic scooter to improve mobility however, I'm sat here worrying about the costs of the electricity rise in recharging it.

 

I thought energy companies might offer lower rates since they abolished the 'winter' electricity benefit from young people (only over 60's can apply!) It just seems silly that disabled people have to worry about affording their bills just to keep their mobility! *sigh*

Hi all,

 

If you are too lazy to read the 'detailed' part skip down to the bold red LAZY part

 

Atlantic Gas And Electricity have put up my electricity bill again. Quite frankly I cannot afford it so I phoned them up all worried asking if there is anything they can do to help me. I am disabled and have a stair lift which I need to use on a daily basis because of my disability. I do not work, my husband does not work. We have 3 children together, but they are in school all day and we do not have anything switched on in the day other than our laptop and the washing machine now and again when needed.

 

I was currently paying £44 in March pcm (which I couldn't afford then, so I changed every single lightbulb in the entire house with energy saving ones in the hope it would bring down the electricity. Making sure appliances were fully switched off at night etc), now it's gone up to £55pcm even after all my attempts.

 

I called them and he tried to bring it down to £40pcm which is what I said I could afford. My gas is absolutely fine and I'm in credit with that. He could not bring it down that far.

 

(LAZY) He said because of my disability and living off just benefits he would recommend me going on the "Plus Care" tariff. You get a lower amount per unit on it. But he did say that you only get it if you use 10% or more of your annual income on fuel bills. I asked him what my annual is but he gave me last years. I'm not happy about that because obviously last year was OK.

 

He said last yr I paid £480 in electric and £260 in gas, plus they would add on 15% because thats what its going up by. So with them taking last years charges into account maybe I should give them last years income then, yes? Would you do that? How would you do it? I'm confused. I want/need this. I really cannot afford their amounts. They also said they take ALL of my benefits into account except DLA which I think that means I will not quality for it

 

Any help welcomed on what to do.

Hi Lisa, I hope there's a light at the end of the tunnel for you soon too, and hopefully we'll start to see some movement on the bank charges claims soon. You've had a really tough time with this claim and you deserve a decent break now.

 

Sorry to hear about your dog - hope she's ok now.

 

Best wishes, hedgey xxx

 

Lisa hang in there. Its virtually a year now since you started on this crusade. Your patience has been tested to the limit. Isn't it strange how somehow we find that strength from somewhere to carry on . Justice will prevail and you patience will be rewarded. Good luck.

Thank you to the both of you. It's just... frustrating, isn't it? I mean, it feels like forever already. Well maybe that is overkill but since they said Jan/Feb and your sat here waiting, time moves slow.

 

I'm certainly hoping that the catchphrase "Good things come to those that wait" comes true for me. I seem to have lost hope that I am going to win this after all the waiting. I'm hoping my confidence will come back when things get moving again..... 'when' being the word.

Hi, I'm no the best person to answer this. But they have found you on the electoral roll. I would say you would need to pay all these back. It is important that you realise that you must not ignore debt collectors and companies in the hope they will go away, or not find you when you move. I believe this is most peoples flaws. They won't go away if you ignore them and they have means to find you again if you move, and by then you will have court fees + interest, so in the long run you will owe far more... doing more harm than good.

 

I would definitely pay off/arrange repayments to ALL of them, except Virgin Media. If the account is not in your name, then why are they chasing you and not your partner? I would call them and state that. They won't be able to talk to you about the account due to the data protection act, but you should be able to state this. You also say "started in your partners name" who's name is on the account now? If it's yours, then yes they will chase you and follow you, and yes you will have to pay it, you won't be able to get out of it by saying that it was started in your partners name then moved you yours, they won't care.

 

I was in the same predicament a few years back. I did the same thing, ignoring them and hoping they would just disappear, then moving and putting my name on the 'limited electoral roll' business aren't allowed to search you on that one, needless to say they found me and I owed more because of my actions. I then vowed to take care of me credit. I budget every single month now for everything, meal planner too. I am almost debt free now, with the exception of 2 loans that I cannot just pay off. It's a good feeling to feel like this. I am now able to take myself and my family on holiday again (something I had not done for many, many years).

 

I do hope you are able to sort this out. I wish you the best of luck.

Hi

You should have recieved correspondance from the d.w.p for a payment increase 07/04/2008 on the paper work,this should telll you the amount each week you will recieve. This hopefully will show how they have split the claim for the car/and your self.

 

-------

paul

Thanks Paul. I've not received anything yet from them sadly. I just got paid today (on 8th) from them too, same amount, so I assume the new amounts will come in on my next 4 weekly payment, next month

 

Hi,

 

The amount they have been taking is correct. The link to the website you gave gives the new amounts after their recent increase. The original amounts for last year would have been:

 

Mobility £45.00 (may 05 rates = £42.30)

Care £43.15

 

Total for four weeks is £352.60. Minus your payment of £169.20 leaves £183.40.

 

(Your payment of £169.20 is at the rate of higher mobility from 2005/2006)

 

Your next DLA payment should show as the revised amount due from April 08. Giving you a total payment to you of £197.20 every four weeks from 5th April 2008

That is brilliant. Thank you ever so much for your time and your breakdown, I had just automatically assumed that the website hadn't been updated as of yet. Duh me! Thanks again. Much appreciated.

Hi all,

 

I'm not sure if this is the right place to put this, so feel free to move it should there be a better area.

 

I will try and explain as best as possible, but I'm not the best person to explain things so as through as possible. I have been been claiming DLA since Jan 05. I am severely disabled with Psoriatic Arthritis. Presently am now on Medium Care and High Mobility. In May 05, I bought my own car using the Motability services at Hartwell Ford. At the time, I was surrendering ALL my Mobility to pay for the car. At that time surrendering it all was £169.20 per 4 weekly. It states that on the receipt for the car contract that £169.20 will be paid every 4 weekly for 52 weeks. OK, that's fine by me.

 

As I said above, I get High Mobility and Med Care. On this website. It states...

 

 

The strange thing though is that if you take that grand 4 weekly total amount of £366.40 and remove the car payment of £169.20 it leaves me with £197.20. OK? I'm not getting that though. They're paying me £183. Where is the rest of my money going? Are they allowed to take it? Is there something I'm missing? Are they allowed to take more than the £169.20 for the car to make it pay off faster?

 

I'm confused where my money is going. Please could someone help me, is this normal? It must have been going on quite some time, but I have always trusted them to work it out, until now.

 

-Lisa

Wow still nothing.

 

I'm hoping something can decided soon with this commercial court case. I need this money more than ever. Really struggling at the moment after my dog had an accident and had to have most of her tail amputated

When is this commerical court going to make a decision? I thought it was supposed to be in January? I've not heard anything about it, nor my court about my court case, nor cobbetts. Anyone please? I really need my money back from these leaches! Thanks in advance.

Hi guys,

 

Just wanted to update that I didn't get my stay lifted in December So waiting for the commercial courts to do their thing and hopefully will get my money back then. A pain in the arse but oh well.

Thanks Steven, yes they're a rubbish bank. Wish I'd have never signed up with them. They all are. As the saying goes... make the poor, poorer and the rich richer. It really does apply... so sad

 

I'm really poor at writing letters so could you check if this is OK and straight to the point? Thanks...

 

Mrs ::Lisa::

Street

Sub Area

Area

Post code

Cobbetts LLP

58 Mosley Street

Manchester

M2 3HZ

 

21st October 2007

 

Dear Cobbetts,

 

Re: Claim Number **edited**

 

Thank you for your letter dated 2nd October 2007. I see that you are asking for some evidence regarding my hardship because I am living off benefits solely due to the fact that my disability is severe and am not able to work. I’m not sure why you are requesting this evidence, but none the less it has been enclosed for your review. Please find attached a copy of my income support which also states that my husband Mr. ::Lisa:: receives carers allowance, and another letter which states my Disability entitlements. You also state that you want this information beause this will enable you to consider the claim in more detail. Please could you provide me with more information of what there is to consider?! It seems pretty clear already.

 

You also ask if I have contacted the bank in regard to my hardship. I can answer that I have indeed, but when I describe my circumstances on the telephone to the bank, they could not care less about my situation. The only thing they care about is when they will be in receipt of their money and were bullied into paying the loan at such hard times!

 

I’d also like to point out about the telephone calls made to NatWest in the times of hardship that you are requesting was not provided to me when I lawfully requested my S.A.R (subject access request) Request for Further Information under CPR Part 18 which is unlawful and I now require these immediately from your client NatWest. I will also be sending a copy of this letter to the court for their records and to show them that your client has failed to comply with the Subject Access Request under s7 of the Data Protection Act 1989!

 

I look forward to hearing from you soon and receiving the records I require.

 

Yours faithfully,

 

*squiggle*

 

Mrs ::Lisa::

 

I've now ran into problems as I have an income support letter which is dated in Sept 07 but when disability write to you it's only when I got it in 2005 so I have absolutely nothing from them since then. I will have to call them and get them to write to me as proof but that will delay this letter.

Hi Lisa,

 

This is an awful situation for you right now - you're in genuine financial hardship and, even though you're desperately trying to get yourself sorted - along comes the stay. And to compound the matter, the court wants to hold a hearing to discuss lifting the stay even though it will be the day after you take your meds.

 

At the mo, all I can do is totally sympathise with you. A hearing on 17th December is bad enough but when you're genuinely ill and need to take meds the day before this only compounds the situation further. I wonder if there's a way that you could communicate this to the court - possibly to try to bring the hearing forward/delay it by a few days? It may be worth a phone call (backed up by a lettr) to explain your circumstances further on this hun.

 

With regards to the letter from Cobbetts, TBH I imagine this is standard practice from them given that they're Nat West's legal representatives. However, you can back up the fact that you're in genuine financial hardship due to your disability - so I wouldn't worry too much about this hun. You have the paperwork to prove this via your DLA, etc. Also, Nat West keep telephone records - they have to! So there is already existing proof somewhere that you contacted them with regards to this situation. I wonder if some sort of letter to the correct department requestiing information on their telephone logs regarding you/your account would be in order? ;-) Under a full S.A.R - (Subject Access Request) that requests this sort of info, they may need to produce it!

 

Don't worry Lisa - you're doing a fantastic job. The hearing on the 17th of December will be fine as you've already done the groundwork. I'd suggest downloading the new stays bundle from the bank templates library, just so that you're well prepared for the hearing. And have a look into the above as well (telephone records, etc.)

 

Take care x

Aww thank you and thank you for replying and your efforts into helping. I haven't communicated with the courts and will leave it as is as I've decided to stop taking my medicines after I've been really really badly affected and very ill for longer than just 'the day after' for quite some time. But that's a whole different story which I won't go into detail.

 

I will be asking for more info when the time comes... I'm really scared and I've not replied to Cobbetts about what they've asked.

 

You could request that information from them under CPR Part 18. (Of course they should have sent it in reply to your SAR!!!)

Hi Steven. All they sent me was the statements and that was it. I suppose I should phone them and demand the rest of the S.A.R then? I feel silly now. Don't know what I'm doing. All LTSB gave me was copy of print ofs of charges only too

No need.

Keep a record of the fact they have banked the cheque as this will work wonders when/if another DCA comes knocking for the same debt.

Thanks to CapQuest you "debt" is now unenforceablely in dispute.

 

Too bad, so sad.

Thanks for helping me so much, it is really appreciated.

 

Ignore my stupidity and ignorance in this as I'm new to this all really but is it good that they've cashed it? Am I supposed to be receiving this CCA within 12 days that they've cashed it now in the legal eyes?

 

Is there any time that passes by where they cannot legally chase me for this debt and I can consider that I don't owe it anymore? *blush*

Bumping this up as you can see they failed to provide me with my CCA when I wrote to them ages ago back in JUNE... yes June.

 

Well guess what? I was doing my banking budgetting today and they've taken the £1 cheque. I know I should of cancelled the cheque but I forgot. It seems silly to demand my £1 back since it would cost me more than that to write the letter

 

Shall I report them for failing to provide my CCA in that time and then unlawfully cashing the cheque after the legal time limit?

Do your benefits get paid straight into your closed account? If they do, why not just change bank accounts and get your benefits paid straight in there?

 

I believe the law is the "1st right of appropriation" but if not, someone will be along to correct me.

 

hi again not to sure of this just something I found in my own records but never went any further because I managed to sort out my bank account.

 

S187 of the Social Security Administration Act 1992

 

Don't know if the section is correct but see what you can find on a search on goggle etc

 

I also so agree with the above post change your bankget payments paid into that then it's upto you how much you can afford to pay on the loan.

 

all the best dpick

Thank you to the two above posters. No I don't get it paid into that account. Everything that goes into that account goes directly to the loan people.

 

I don't think anyone understands what I'm trying to get at/say/mean. I apologise if I haven't typed it in an understandable way. What I mean is....

 

They've accepted £100 a month repayment (it was £266 at the normal rate before I was ill etc) Anyway, I cannot afford even that. I don't want it being reduced further as we'll be paying it off for bloody forever. So what I'm trying to say is because our income is purely 100% benefits and I'm entitled to 100% of that money by law and the social law, that means that they can't take payments from me because my money is purely benefits which I'm entitled to and cannot be taken into consideration?

 

Is that right?

Hi all (please read this all as I need help),

 

Just an update and help needed. Court has got back to me regarding the stay thing and they've requested a hearing even though I put I don't want a hearing as I'm really ill lately. The date of the hearing is the 17th December, which just happens to be a Monday and the day after I take my meds and therefore will be ill

 

I also received a letter this morning from Cobbetts. I'm confused as I have a very suspicious mind. They must have received a copy of everything I sent to the court including the letter I sent to the court. They have noted the hardship and also my disbility and asking for evidence of this. They also say have I contacted the bank prior in regard of the hardship. I will copy the letter below for your readings....

 

my name

my street

my area

my post code

 

Dear Madam,

Re: ::Lisa:: v. NatWest

Claim number xxxxxxxxx

Hearing date: 17 December 2007

 

We write in relation to the above matter and confirm that we are instructed on behalf of the Defendant.

 

We understand that following your application to the court, dated 5 September 2007, the court has listed your case for an application hearing on the 17 December 2007.

 

In light of the above, we are writing to request further details in relation to the financial hardship you refer to in your claim. In your application dated 5 September 2007, you make reference to the fact that you are in receipt of benefits, and that you seek to rely on the grounds of hardship as you are just living off benefits due to disability. Please could you provide us with evidence of this.

 

We would also ask that you inform us of whether or not you have spoken to the bank regarding your financial hardship. If so, we would be grateful if you could provide us with details of when you contacted the bank, who it was you spoke to in relation to this matter and what the outcome of your discussions with the bank were. This will therefore enable us to consider your claim in more detail. If you feel there is any further information relevant to the financial hardship you refer to in your claim, please do not hesitate to inform us.

 

We look forward to hearing from you.

 

Yours faithfully,

 

Cobbetts LLP

 

Thing is I did contact NatWest many times on the phone in regard to not being able to pay the loan. All they gave me down the phone was crap on how I have to pay it. They didn't care that we was on benefits, nor the fact I was disabled and hubby had just gave up his job to care for me full time. They still tried to take their money. I even broke down on the phone a few times crying but did no good. I never took down details if when or who it was though :?

 

I feel they're gathering evidence so they can show up at the hearing in December and make out that I did nothing, I didn't phone etc and that I'm lying.

 

Help please.

Hi "right of appropriation "

 

http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html

 

second link

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

 

Hi sorry this is a bit abrupt but am just going out you can also do a search on the forum threads fo appropriation

 

all the best dpick:)

Thanks ever so much for that link. Does this work the same way since my case is slightly different? I have an account with the bank but its closed and any payments that go in there go direct transferred to the loan.

 

I'm thinking that most of my benefit income is protected in my favour so an expenditure form I still write them down?

 

Does anyone know what this laws legal name is?

The FSA has given the banks a waiver in that they don't have to keep to their customer complaints procedures for bank charge complaints except in hardship cases. This is being interpreted by the courts as a reason to consider lifting stays too

Thanks Steven. I had already sent it off but i got it back because I forgot to sign one of the many forms (duh!) so I edited the bottom and put hardship on there

hi lisa and all

well i got my letter from blackpool county courts and i have filled in n244 they are going to list me for a hearing date

please if anyone would like to see what i have done so far please can u go to my thread as it is best keeping the one instead of me putting it all hear which i think i dont do but keep to the same thread so i thought i would let u all know my update etc

please can anyone advise or help if i have to conclude any more letters etc or put anything more in n244 part c

tyvm for all ur help

abroadgir v abbey

is where u will find all my letters etc thanku all once again

keep the fight going

good luck everyone

hugs

abg

I'm so glad your getting somewhere with yours

-------------------------------

Not heard anything at all well apart from sending back because of the non-signing but sent off straight after and nothing since.

Hi all, please could anyone tell me or link me etc to this benefit law where banks cannot take your money from you from certain benefits.

 

My husband got a loan before I became disabled and the insurance have paid him 1 year back and saying he can claim again but only if he goes to work for 6 months which is impossible due to him being my carer. We only live off benefits and therefore cannot afford to pay this loan and they keep bullying us into paying even though repeatedly told them we cannot afford to.

 

Anyway, all our money consists of is;

* Income support,

* Disability,

* Child tax (not the working one),

* Child benefit,

* Carers allowance to my hubby.

 

I'm pretty sure most of those (DLA, IS and CA) are protected by law and cannot be taken into consideration as expendable money but would like more information.

 

Please tell me about this law, what to quote etc. Been trying to get through to the citizens advice for days but it's always engaged or closed and I'm too sick recently to go down... ugh ugh ugh!!!

 

Thank you.

Looks OK. Presumably you are applying for the lifting of the stay on hardship grounds

Hi Steven, thanks for replying. Umm I don't know to be honest. I haven't put that. I copied the info into the part C from the thread I linked from.

 

I didn't know that you could apply for it on hard ship since if you are then you are assuming that you're automatically going to win lol.

Nevermind, I found this thread and have followed instructions.

 

I have wrote this letter (below) attached with both the EX160 and the application notice and the evidence of my benefits.

 

Mrs ::Lisa::

My Street

My sub-area

Nottingham

My postcode

Nottingham County Court

60 Canal Street

Nottingham

NG1 7EJ

 

5th September 2007

 

Application for removal of stay and EX160 form

 

Dear Nottingham County Court,

 

Court case: *******

 

Thank you for your letter dated 29th August 2007, in which you state that for removal of the stay I must therefore make in application form plus the additional fee. I have included this letter for your easy reference also.

 

Included with this letter is my application notice. It must be noted though that I am immobile and have checked the “without a hearing” check box. If it is needed that I do need to attend a hearing, please note my mobility issues. Due to being physically disabled, I am therefore exempt from the fees incurred for the application notice. I am in receipt of both disability living allowance and income support.

 

I have included also the evidence of my income support; this consists of a letter stating my weekly amounts as well as a copy of my last payment into my bank account, which has been highlighted for your reference.

 

Should you need any further information, do not hesitate to contact me. I will be glad to assist further.

 

Yours sincerely,

 

*my siggy*

 

Mrs ::Lisa::

 

Does that look OK? I will be sending it later at about 4pm

 

Thanks,

Lisa

OK back and having thought about it, I'm deciding to continue as is and apply to get the stay lifted with the application and the application to dismiss the fee together.

 

If anyone is looking, whats the best method? I want to check "without a hearing" at the top but is that silly and they'll just say no anyway? Which is best?