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Everything posted by tendogs

  1. Just received an N24 General Form of Judgment or Order with the Claimant and Defendant transposed. Is this important?
  2. Most of us here have come to this site because we have crashed into a wall of debt, commonly through no fault of our own or because we were not financially savvy. There is no clear moral position as far as I can see, some say “you’ve had the money so you should pay it back” and some others characterise all the financial institutions and their more unpleasant hangers on (debt collection agencies) as spawns of the devil. The reality is, as always, somewhere in-between. You have identified that your present problems are made worst by the amount you are paying to credit card companies and for your loan account. If that is stopping you from buying food for you and the kids then it is there where you need to begin making changes. Now you need to determine which cause of action you intend to take. First you can consider the Consumer Credit Act, if your credit cards were taken out before 2007 then you can challenge the enforceability of the credit agreement, the Consumer Credit Act imposes strict criteria on the way an agreement is laid out and the wording and content of the agreement. If your agreement fails to comply with regulations (a surprising number fall short here) you can challenge the enforceability and, sometimes, not have to pay the debt back. Another option is to ask the Credit Card Company to accept smaller payments and to freeze interest until such time as you return to a stronger financial footing this can work with the help of some organisations like the Citizens Advice Bureau or one of the national debt help organisations helping you. This is OK for some people but the financial institutions are not beyond reneging on their agreements, selling the debt on and plunging you into bother when you are not expecting it. Another option is to just stop paying, this will lead to all sorts of letters and telephone calls, threats of home visits, notice of default, assignment of the debt to a debt collection company, the possibility of court action, threat of bailiffs and entries on your credit record. If you ignore all the threats and bluster in the final analysis all that happens is you go to court and a judge will determine a repayment schedule that will never be for more than you can afford and your credit rating will be damaged for a few years and, for some of us, not being allowed to go into debt again is a good thing. There are also issues around what actually constitutes your debt, if you can determine that some of your debt is made up of unfair charges and the interest applied to those charges then you can reclaim that money. Also, if some of the debt is made up of payment protection insurance (PPI) then there is a chance that it might also be reclaimed. What the majority of people who are members of this forum do is clarify their position by making a request for a copy of their credit agreement under the rules of the Consumer Credit Act (CCA) this cost a pound, or they make a Data Subject Access Request (SAR) this costs ten pounds but for that you are suppose to get all the data that an organisation holds on you. Armed with this information you can then decide what route to take. Of course it can become more convoluted than that and nearly always does but the guys on here will help all that they can. If you have any questions just ask.
  3. Never really thought much about them, tips that is. Usually leave one and usually it’s about 10%. The mechanism of managing the money is another thing and I think that was the point of the original post. There are issues about who owns the tip, if it attracts tax (always), if it attracts National Insurance and if it attracts VAT and these variables change depending upon how the tip is paid. If I leave money on the table for a member of staff, for whatever reason, that money is their property, it does not belong to the management, the VAT man or the National Insurance woman, the inland revenue, however, will always take a portion and they expect records to be kept and disclosures to be made. One might hope that the recipient of the tip would find it in their heart to spread the cash around the pot-boy or the cleaner but they are under no obligation so to do.
  4. Evening butterfly, it's good to see you on the forum, I'll give the moderators a call and see if they will move your thread to a more appropriate section. The guys are going to need a little more detail, for example how many credit cards/loans do you have? What condition are the accounts in? Do you have payment protection insurance on any of the accounts? Do the accounts have charges upon them? I’ve asked if your thread can be moved to the getting out of debt forum. Speak to you later.
  5. I once called my mother in law a whey faced old ratbag and she overheard.
  6. My flaccid popinjay of a neighbour remortgaged his house to set up a business running this clap trap, needless to say he's failing in a spectacular fashion
  7. Hi Jacky, we meet again. I have, somewhere, a crib sheet for filling in a DLA claim form for anxiety, depression and other psychological presentations. I'll try and dig it out and post it up for you in the next day or two then you can edit, copy and paste and fill in a form on line. They will contact your GP so it's worth going to see them but if you lose and have to go to appeal we can sort that for you as well. Never lost one
  8. Hi, just off to bed but I thought I'd reply first. Glad you're a fan of CBT, Dental Hospitals are, most commonly, part of teaching hospitals and it's where they train dentists, treatment used to be free. Put "dental hospital (name of your town)" in Google and see if you have one close to you. CBT treatment is also free on the NHS or should be according to NICE guidelines, ask your GP. Referral from a cbt therapist to a cbt trained dentist should also be free. I know things are never that simple but it's worth a try.
  9. Evening chuck, I've an idea that might help. Bruxism is a common symptom of anxiety and, as you've learned, can cause all sorts of damage. Nocturnal bruxism is the major precursor to adult headache and can, to some extent, be prevented by using a tooth shield which can be made by your dentist. There are dentists who work specifically with dental phobics and people with anxiety related dental issues and you will, most commonly, find these in dental hospitals. Your GP should be able to refer you to a cognitive behavioural psychotherapy service that ought to have contact with CBT trained dentists. It's worth a try.
  10. Afternoon AC I thought this might amuse you. I received a letter from Mr Bartle today it is the same as the one in post 60, with different details of course. This is for a Barclaycard account which, and here’s the interesting bit, another DCA tried to collect last year. This previous attempt to collect went as far as Northampton, I acknowledged service and entered a defence stating that the debt was not enforceable, this was in June of last year and the case has been stayed since that time. Now Mr Bartle wants me to pay the money to someone else and, if I don’t, guess what, they’ll take me to court. You couldn’t make this stuff up.
  11. My understanding is that some banks were unhappy about having charges claimed and would close accounts as a consequence. Again, as I understand it, they no longer do that as it was seen as being petulant. I cannot say that they will not become difficult if you contest their credit agreement but, unless they have cause, I think your fairly safe with the mortgage.
  12. I had a manager called Jack, this was some years ago, and every time I met him I would say "Hi Jack, take me to Cuba". He never found it amusing, I, on the other hand thought it was hilarious. I became his boss a few years later and, because of the aforementioned personality defect, I carried on with the torment and he began to laugh at it. God is good.
  13. This is all my fault, I'm going to start a thread in the bear garden so we do not continue to hijack this one.
  14. Morning Gav, I've found this very useful http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html
  15. Good morning, I've just read this: - http://www.vantisplc.com/NR/rdonlyres/2D1186D0-C895-4FCB-B13E-96463B94DE8E/0/TheVantisPodcast02Transcript.pdf it seemed to clarify things (very complicated) forgive me if you've seen it before.
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