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  1. DNA

    DNA vs Nationwide

    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. My partner has received this letter from BCW. Pursuers: Glasgow City Council Enforcement of Summary Warrant Council Tax Arrears Despite contacting you on numerous occasions, you have not responded to any of our requests to settle you outstanding Council Tax arrears. This notice is to remind you that a Summary Warrant was granted in the Sheriff Court for payment of your outstanding Council Tax. New regulations require us to instruct Sheriff Officers to serve a Charge for Payment of Money on you before taking any further action. This will result in additional expenses being charged against your account. These expenses will be recoverable from you. If you do not pay the sum specified in the Charge for Payment the following action can be taken: Arrestment of Earnings or acounts you have with Bank/Building Society Arrestment of other money and moveable property Attachment and auction of property held out with your home. We will hold this action for seven days to allow you to clear your account or contact us on 0845 300 6891 to discuss a repayment arrangement. I need to ask advice on the following questions: 1. The alleged debt relates to Council Tax arrears for a property my partner rented from Glasgow City Council from 1997 to 1999. Can a debt this old be chased? 2. My partner lives in England. How can a warrant issued in Scotland be enforced in England. 3. My partner tells me that he was claiming full Income Support for the period he lived at the address in question. I know that water rates are included in the Council Tax but not covered by Council Tax Benefit. In a telephone conversation with BCW recently they said that some of the arrears were for Council Tax and some for water. We asked for a breakdown but none was sent. If he was being paid Council Tax Benefit, how can Council Tax arrears accrue (understandable that water rates accrue and may be payable but we don't know how much). Does anyone have any observations or advice? Many thanks Aleks (on behalf of Dave)
  4. My partner has received this letter from BCW. Pursuers: Glasgow City Council Enforcement of Summary Warrant Council Tax Arrears Despite contacting you on numerous occasions, you have not responded to any of our requests to settle you outstanding Council Tax arrears. This notice is to remind you that a Summary Warrant was granted in the Sheriff Court for payment of your outstanding Council Tax. New regulations require us to instruct Sheriff Officers to serve a Charge for Payment of Money on you before taking any further action. This will result in additional expenses being charged against your account. These expenses will be recoverable from you. If you do not pay the sum specified in the Charge for Payment the following action can be taken: Arrestment of Earnings or acounts you have with Bank/Building Society Arrestment of other money and moveable property Attachment and auction of property held out with your home. We will hold this action for seven days to allow you to clear your account or contact us on 0845 300 6891 to discuss a repayment arrangement. I need to ask advice on the following questions: 1. The alleged debt relates to Council Tax arrears for a property my partner rented from Glasgow City Council from 1997 to 1999. Can a debt this old be chased? 2. My partner lives in England. How can a warrant issued in Scotland be enforced in England. 3. My partner tells me that he was claiming full Income Support for the period he lived at the address in question. I know that water rates are included in the Council Tax but not covered by Council Tax Benefit. In a telephone conversation with BCW recently they said that some of the arrears were for Council Tax and some for water. We asked for a breakdown but none was sent. If he was being paid Council Tax Benefit, how can Council Tax arrears accrue (understandable that water rates accrue and may be payable but we don't know how much). Does anyone have any observations or advice? Many thanks Aleks (on behalf of Dave)
  5. Anyone applying for a Charging Order over a property should have carried out searches at HM Land Registry to ascertain the identity of the proprietors and serve notice of proceedings, the proceedings themselves and any subsequent orders/applications/etc on all proprietors - if the property is held in your husband's sole name, you will not have had to be notified. The Bank will have asked for your consent to the Final Charging Order being made because of your matrimonial interest (I think) and because (I assume) you are over the age of 18. All it means is that when your house is sold, the Bank would be paid from any proceeds of sale after the first charge (assuming it is your mortgage company) is paid. Anything left after everyone who needs to be paid is paid off will come to you - it doesn't matter at this stage if there is little or no equity. I think I am right in saying this but I am not legally qualified and you should seek independent legal advice.
  6. Tell you something - if someone owed me in excess of £7k and then I was sent a letter saying I'm not paying you, I'd be on the phone straightaway! That said, this is Welcome we're talking about ... nearly a week since I sent my letter (you know, the one to my local office, to Welcome's Nottingham office and to the Chief Executive of Cattles) and not even a dicky bird! All letters were sent by fax and I have confirmation reports for each fax - so I know they've got the letter ... so what do I do? Sit back and wait for a response or sell the car on eBay - I'm reluctant to wait much longer as I'll lose another month's road tax refund and a month's car insurance if it goes past 1 May.
  7. As far as I am aware, you can VT a hire purchase agreement at any time before the end of the agreement and not just when you've paid a certain percentage. The arrears point doesn't work - even if you have arrears, you can still VT as any figure submitted by them as a final figure to pay would include those arrears. The sticky point is whether or not they have validly served a Default Notice - if they have, they can quite rightly argue that you are not allowed to VT. I've cut and pasted the relevant section of the CCA 1974: "99 Right to terminate hire-purchase etc agreements (1) At any time before the final payment by the debtor under a regulated hire-purchase or regulated conditional sale agreement falls due, the debtor shall be entitled to terminate the agreement by giving notice to any person entitled or authorised to receive the sums payable under the agreement. 100 Liability of debtor on termination of hire-purchase etc agreement (1) Where a regulated hire-purchase or regulated conditional sale agreement is terminated under section 99 the debtor shall be liable, unless the agreement provides for a smaller payment, or does not provide for any payment, to pay to the creditor the amount (if any) by which one-half of the total price exceeds the aggregate of the sums paid and the sums due in respect of the total price immediately before the termination." It doesn't say you've got to have paid a certain percentage before you can VT. It means that when you do VT, you are liable to pay to them "the amount (if any) by which one-half of the total price ..."
  8. Well, our post has arrived and no letter from either of the three recipients of my letter to them - you'd have thought it was important enough to reply straightaway considering I told them the agreement was over and the car was mine! The interest on administration fees point is quite interesting - I'm pretty sure that they can't do this; however, on the hire purchase agreement statement of account I have related to the modified agreement I signed in April 2003, the first three items are the "loan" sum of £7.5k, the full amount of interest on the new agreement (front loaded) and the admin fee. Nowhere on my statement of account does it show that extra interest has been added, just some random charges of £20 and £5 for letters, telephone calls and doorstep visits. If interest has been "front loaded" on your agreement, they cannot charge additional interest.
  9. I like the tenor of your letter - I've seen something similar somewhere before! I sent my letter by fax to Cattles, Welcome in Nottingham and to Welcome's office in Stockport.
  10. You should have asked your mortgage company as the company having the first charge on your property (if you sell up, they get paid off first) and most mortgage companies require their permission to be sought before you go for a secured loan with another company and (in my experience) they can and do refuse permission - if that happens, your only option may be to re-mortgage to get the extra funds you require
  11. So the HP agreement on their part is "Progressive Financial Services Limited trading as Welcome Financial Services" and is dated 21 March 2004. In that case, on 1 December 2006 when Progressive Financial Services Limited changed their name to Welcome Financial Services Limited, you should be pursuing Welcome Financial Services Limited for any dispute on the HP agreement. With regard to the loan agreement dated 5 December 2006 from "Progressive Financial Services Limited trading as Welcome Financial Services" despite the discrepancies on the agreement - you are dealing on this agreement with what used to be called "Welcome Financial Services Limited" which is the company I'm up against! Could I make a general suggestion that we all direct our claims to Sean Mahon, the Chief Executive of Cattles plc (being the parent company of all these bastard companies) at the Kingston House address - cut out the middle men and go for the jugular.
  12. Very confusing! When was the agreement dated?
  13. I sent my letter to Welcome with a couple of minor amendments - faxed it to the Local Collections Unit in Stockport, to Sean Mahon (Chief Executive, Cattles plc) in Batley and to Welcome's offices in Nottingham - let's see what response I get!
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