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Posts posted by confused??

  1. hi all, sadly i am looking at entering a DRO.

     

    I have sought advice from CAB and CCS, but have had conflicting info re creditor payments

     

    I lost my job due to ill health about 18 months ago and defaulted on my debts that were not DD and let the DD ones be paid - both have said this isnt an issue as its making payments above and beyond that matter

     

    11 months ago i was lucky enough to be offered another job and i felt like i was back on track. My debts were still high but i had hope i could manage them.

     

    I had an accident and my car was wrote off so now use my dads car (he had a stroke and cannot drive) I pay insurance, fuel, MOT and service costs but its still his car on the understanding when (if) he can drive again i give it back. Car is worth 2k but its not mine so doesnt come into it. if he isnt given the ok to drive I will either purchase it from him or return it. He wont know for 12-15 months if he can drive so i can use it for at least the next year.

     

    My sticking point is my Mum recently offered to , and did, pay 2 of my cc's off for me (3k. These were the only debts she thought i had) CAB states its pref treatment of creditors but CCCS state its my mums money and she can do with it as she sees fit. As i haven't paid it myself it isnt in any way preferential treatment of creditors. The money was paid from my mums card not mine so i can prove it wasnt my money

     

    Opinions please? My debt currently stands at 14k so i need to move quite quickly as anymore charges etc could tip it over the 15k mark

  2. Hi all, looking for some advice.

    i split with my partner over 6 months ago and in this time havent claimed tax credits that i know as a family we would be entitled to instead i have worked 6 day 12 hour shifts but simply cant carry on like this.

     

    Anyhow, split with ex in March this year. Our house is in his name, (but we have a legal document set up saying 1/2 of any money in the home is mine. I was changing jobs at the time we re-mortgaged so the FA said to just do it this way) We cant sell due to negaitive equity so me and the children are staying here until the market picks up or i can afford to buy him out. As a result of this instead of paying child support (which would be about £400pcm on his income) he pays the mortgage £700 and i give him £150 so in effect we go halves on the other £300 outstanding for mortgage payment

     

    Decided that working 60 hour weeks isnt good for me or my children so am i going to have to apply for tax credits to assist.

     

    Just a few questions.

     

    My work involves shifts so ex stays here 2 nights a week as i work 2 nights (hes here i am not as i am at work.I come home he goes.) He lives with his mother for the time being. I ensured all his post and GP was changed over and i have informed the council tax etc

     

    I am concerned as i have spoken to people who say (rightly or wrongly)as he is financially contributing to the household tc will say he is living here i can assure you he isnt.

     

    Can anyone giev me guidance prior to me ringing to apply? The only thing he contributes is he pays a % of the mortagge instead of child support. When he does stay over (when i am working nights) he even brings his own food!

     

    I have heard so many horror stories i have steered well clear of tc and worked all the over time i can get, but its not a viable long term solution for my family and I

     

    Thank you

  3. Hi all, i have posted before reagrding this,and i will also post in the motoring forum (not sure which is best)

     

    Basically earlier this year i was invloved in a RTA - i wasnt at fault. Driver accpeted liablility etc and my car got repaired. Over the coming week I suffered quite severe pain in my neck and back, I needed physio and after speaking to my insurance co i decided to put in a claim for my injuries (i was unsure if i should do so at the time and posted here for unbiased views) in order to get the physio - which didnt happen and i had to wait on the NHS (reasons to follow)

     

    Anyway, I attened a medical with a specialist who, after reviewing my medical records decided that 90% of injury was due to RTA the other 10 % is down to an existing condition.

     

    The report went off to my insurers who passed it on to the 3rd party ins co. this was months ago. Anyway, today my ins co have sent me a letter to say the other ins co are saying that my 'injuries were not caused by the low impact incident'.

     

    I have asked them what happens from here and i was told another dept is now dealing with it and they will be in touch 'soon' ie in the next few weeks, in reality this will prob be after xmas as they are so slow.

     

    So, basically does anyone know what will happen from here? I did ask but was told to wait for someone to contact me. Hence me seeking advice from here once again.

     

    Thanks in advance

  4. Hi all, i have posted before reagrding this,and i will also post in the insurance forum (not sure which is best)

    Basically earlier thsi year i was invloved in a RTA - i wasnt at fault. Driver accpeted liablility etc and my car got repaired. Over the coming week I suffered quite severe pain in my neck and back, I needed physio and after speaking to my insurance co i decided to put in a claim for my injuries (i was unsure if i should do so at the time and posted here for unbiased views) in order to get the physio - which didnt happen and i had to wait on the NHS (reasons to follow)

     

    Anyway, I attened a medical with a specialist who, after reviewing my medical records decided that 90% of injury was due to RTA the other 10 % is down to an existing condition.

     

    The report went off to my insurers who passed it on to the 3rd party ins co. this was months ago. Anyway, today my ins co have sent me a letter to say the other ins co are saying that my 'injuries were not caused by the low impact incident'.

     

    I have asked them what happens from here and i was told another dept is now dealing with it and they will be in touch 'soon' ie in the next few weeks, in reality this will prob be after xmas as they are so slow.

     

    So, basically does anyone know what will happen from here? I did ask but was told to wait for someone to contact me. Hence me seeking advice from here once again.

     

    Thanks in advance

  5. Hi sorry for not replying sooner, internet been off..moving house!

     

    Yes she did have time off work as she stands a lot with her job and couldnt stand or move without discomfort. She attened the GP surgery 3 days after it happened, again 2 weeks later, she sought advice about it again from GP whilst attending regarding another issue and has been back about 2 weeks ago as well.

     

    She has decided to continue with the process thanks to the responses on here.

     

    What about physio? The solicitors have offered physio but there is a disclaimeer in there basically saying if she doesnt win the claim she is liable pay the physio bill. Is she better paying herself (lots cheaper) and claiming those costs?

     

    Thanks all for the advice, its been of great assistance

  6. Goodness, thanks for all that! As i thought - they are saying she is lying! I better not tell her this or she will be intimidated by it all, shes quite old school and will believe 'the insurers deal with this day in and day out so my injury must not be down to the car accident' which, we believe it is. I think i will tell her its all 'normal process' and see what she says, she was in tears this morning when she got this letter so if i tell the the above she will have a funny turn!

     

    Could the medical professional could state it is due to the accident but she is more inclined to get injured due to pre existing conditions? if so what happens then?

     

    Thanks all, such great info here. If anyone else has anything to ad (although short of 1st hand experience i doubt there is much!) it would be welcomed

  7. hi there,

    Thanks i will pass the web page onto her later so she can read the comments

     

    her main concern is that the 3rd parties insurers are basically saying she is lying about her injuries as they say 'the impact caused by the incident was at such low speed it did not cause much damage and would not have caused significant occupancy movement'

     

    well. it caused over £1000 worth of damage regardless of how fast/slow the other driver was going.

     

    As she does have a pre existing condition would this lessen/cancel any compensation she may be entitled to? she has had to give up things she usually does such as gardening and now has a gardener coming once a week to do her lawns etc, she is lots better, infact she could hardly walk the 10 days or so after accident but now just has trouble with her shoulders (which were never a problem before accident) and back (which did cause issues before but she says this pain is different to the 'burning pain' her artiritis gives her

     

    just to add she has seen gp 3 times about this and he has said it isnt down to pre existing condition.

     

    They want to see her medical records before she goes to be assessed. As we have never had a collission before we are very in the dark with all this

     

    thanks

  8. I was involved in an accident a few months ago. My mother was in the car with me. The driver reversed into the side of me reversing off a drive (rear end drivers side where my mother was sat) My mother suffered what the doctor said was 'tissue damage due to the accident'. She had a medical appointment booked, but its been cancelled for the time being as the 3rd party are now saying they dispute the injury was caused by the accident due to the low speed of the vehicles. It was slow, but was hard enough impact to cause over £1000 worth of damage to my car, which has now been fixed.

     

    My mother is quite upset about all this and has signed to say her medical history needs to be accessed. She had to have 3 weeks off work (she stands all day in her employment) and is still in mild pain ie cant lie/sit/stand for a long period of time.

     

    She does however suffer from arthitus (sp?) but hasnt suffered for a while due to being on medication for it. She says she knows the 'type' of pain the arthiritus gives her and this has been different ie shoulders which were never effected prior etc and constant back niggling since it happened.

     

    Her concern is that the 3rd party wont pay out for time lost at work (only on ssp) and any damages ie her whilplash and backpain as she has a pre-existing condition.

     

    Could anyone help me help to her to be a little more re-assured about the situation? I have been driving 10 years, her 30 and we have never been involved in an accident before so are quite in the dark. Her solicitor has said its a 'common issue brought up by 3rd party insurers' but thats not giving her much peace

     

    Sorry for the essay, but thought would include all i could think of.

     

    Thanks

    Anna

  9. Hi thanks! thats makes it clearer.

     

    I did/am suffering 4 weeks on, but as i havent had 'loss of earnings' i dont want to claim, i am really against the whole claims culture. If i had expereinced loss in wages etc i would consider it but i didnt so i just want to re-coup actual costs ie car seat and car seat.

     

    Thanks a lot! I did have the feeling i was being pressured into 'all or nothing' with them but i will make my intentions clear

  10. thanks for the response. Yes, i kinda follow what you are saying, and i agree. I need physio and the 3rd party should pay - but the way it has been put to meby this urwin mitchell (or whoever they are lol!) is i need to file a claim for injury and seek compensation, as part of that the physio and car seat will be paid. The company that called me are quoting 'average payouts of £1700 with around 6 months lead time for payment as teh 3rd party have already admitted liability' but i dont want £1700, i just want the cost of the physio and new car seat

     

    So, really what i want to ask is 'can i just claim for physio and a new car seat, but not claim for the injury itself for distress and suffering (or however they term it)?

  11. Goodness. I feel like i am making it harder for myself by trying to be honest and saying i do not want compensating for being involved in an accident i simply want the costs associated with it! I have never been involved in an accident in all my years of driving so i am not sure of the ins and outs.

     

    I really do not feel comfortable making a PI claim in order to get physio and a new car seat. The car seat is £100 to replace and the doc said i should start with 10 treatments (@ £35 a treatment) and see how it goes (he seemed to give an indication that 10 treatments would usually be enough when combined with excercises to be done at home)

     

    It just seems silly that for the sake of maybe £450 costs will spiral with solicitor fees, PI claims, doc reports etc but on the other hand i am not prepared to pay these costs myself when i was not at fault

     

    Thanks for the advice tho, i just thought they were pulling the wool in order to make a quick £ off the 3rd parties ins company

  12. I have also posted this in the motoring forum, but maybe here is a more appropriate place?

     

     

    Hi all, hoping this is the right place to post and that someone can assist. I was involved in a RTA just under 4 weeks ago. :evil:

     

    The driver reversed into the side of my car, she admitted liability and my car is in the garage as we speak (damages of £1000 although i fail to see how, yes there was panel damage but £1000!! i am not sure) The car was reversing so only going 7/10 mph or so its only cosmetic.

     

    Anyway, i have a question. I did suffer injury - GP says soft tissue damage. I am as bad today as i was the day after the incident. On friday my GP said physiotherapy/chiropractor (sp) would be a good idea but NHS waiting list is long. He said to call the insurance company as the other woman had admitted liability

     

    Now, i do not believe in claiming for whiplash etc as although i have suffered pain i have been lucky enough not to have suffered any loss of earnings - i am a stay at home mum, and we go a replacement car whilst ours is being fixed so oh can get to work and back etc so we are happy.

     

    i called my insurance co today to tell them what GP said and they said someone would call back - this company urwin mitchell? or something like that have called saying my ins co asked them to do so. I went through all thats happened etc and they said 'they will take on my case' i said i didnt want 'a case' i just wanted physio as per my GP and new car seat as per the local councils road safety team. (The local road safety team have also suggested i purchase a new car seat for my child as you should buy a new one if your vehicle is involved in any accident)

     

    But this irwin mitchel company are saying i need to put in a pi claim to get this?

     

    Surley this isnt right? I called my insurance co back and i got the 'you have been injured and are entitled to claim compensation for the injuries as you are still suffering 4 weeks later' cr*p..well, yes i am but as i have suffered no loss of earnings i do not want a PI claim, just for physio and car seat to be paid for.

     

    What do i do? i have the 3rd parties details do i ring her and ask her to pay for the physio and new car seat? or do i approach her insurance company?

     

    I am being made to feel i am being unreasonable for not wanting to claim for personal injury - is this really the culture we live in? or have i got the wrong end of the stick here?

     

    Thanks for any replies

  13. Hi all, hoping this is the right place to post and that someone can assist. I have also posted in the insurance forum! I was involved in a RTA just under 4 weeks ago. :mad:

     

    The driver reversed into the side of my car, she admitted liability and my car is in the garage as we speak (damages of £1000 although i fail to see how, yes there was panel damage but £1000!! i am not sure) The car was reversing so only going 7/10 mph or so its only cosmetic.

     

    Anyway, i have a question. I did suffer injury - GP says soft tissue damage. I am as bad today as i was the day after the incident. On friday my GP said physiotherapy/chiropractor (sp) would be a good idea but NHS waiting list is long. He said to call the insurance company as the other woman had admitted liability

     

    Now, i do not believe in claiming for whiplash etc as although i have suffered pain i have been lucky enough not to have suffered any loss of earnings - i am a stay at home mum, and we go a replacement car whilst ours is being fixed so oh can get to work and back etc so we are happy.

     

    i called my insurance co today to tell them what GP said and they said someone would call back - this company urwin mitchell? or something like that have called saying my ins co asked them to do so. I went through all thats happened etc and they said 'they will take on my case' i said i didnt want 'a case' i just wanted physio as per my GP and new car seat as per the local councils road safety team. (The local road safety team have also suggested i purchase a new car seat for my child as you should buy a new one if your vehicle is involved in any accident)

     

    But this irwin mitchel company are saying i need to put in a pi claim to get this?

     

    Surley this isnt right? I called my insurance co back and i got the 'you have been injured and are entitled to claim compensation for the injuries as you are still suffering 4 weeks later' cr*p..well, yes i am but as i have suffered no loss of earnings i do not want a PI claim, just for physio and car seat to be paid for.

     

    What do i do? i have the 3rd parties details do i ring her and ask her to pay for the physio and new car seat? or do i approach her insurance company?

     

    I am being made to feel i am being unreasonable for not wanting to claim for personal injury - is this really the culture we live in? or have i got the wrong end of the stick here?

     

    Thanks for any replies

  14. will keep it short as poss guys, but any input is welcome. I have posted in the past about this for my brother but i cant find the post. Had debt issues 6.5 years ago due to family breakdown, have worked hard to ensure that they are all paid off now except 1 account, this is the account have problems with

     

    oct 2003 - defaulted on account for £775 - recorded with CRA's as default on 19/10/2003 company as London scottish amount £775. registered at an old address.

     

    The entry stayed like this until 2008 when it was updated.

     

    it now reads from a different address, a different company (DCA) Robson way (or something simular) SAME amount, but a new default date of 2/7/2005.

     

    So, they have moved the default date by 18 months. CRA wont assist, they have contacted both London scottish and the DCA co who both say the dates are correct - we even have copies of my report to show same debt, different company different default date. we know he didnt default on this account in 2005, adn i have the proof in the way of an old credit report prior to 2008 that shows the original date as 2003

     

    Wrote to company in question by special delivery, no reply - this was mid sept 2009.

     

    I/we have contacted ICO but they are saying have to wait 60 days for a response as they are so busy.

     

    How can he get this company to change the default date back to the original date - thus it will drop off my credit file?

     

    I know we should wait for ICO to assist but i am curious

     

    my brother has the log in to my account here, so may also respond to any responses, just not to confuse anyone

  15. No, utility companies do not have agreements like conventional credit. If you don't pay they cut you off (after meeting their legal obligations) but you'd be better speaking to citizens advice as this could be complex....

     

    OR simply arrange to pay them something each month, such as £25/£50 til its cleared. No interest can be added though as they don't charge interest on debt (utility companies).... is it British Gas out of interest?

     

    They have been on watchdog a lot - have a look and see if anything there helps (www.bbc.co.uk/watchdog)

     

    Hi yes, it is british gas! I have spoken to CA and one of the debt helplines, they all seem to be clueless in the arena of utilities and defaults. I am really trying to get this default removed (i know its my own fault for not following what i owed up) but i was dealing with a dca (on one occasssion, telephone call) i was diputing the amount owed and they said they would pass the debt back to BG, this was in November - 2 weeks later i got a letter to state the debt had been passed back to BG, and within 24hours a default was placed on my credit file. Although i only found out recently. Some may argue the default should be there but given the above info i dont think it should - i still havent heard from BG.

     

    The issues for me re this default are literally LIFE CHANGING!

     

    i sold my house last year and moved into rented til a house i liked came up - now i cant get a mortgage due to the default.

     

    I am an open university student and can no longer continue my degree as you have to pass a credit check every year to be granted the finance - i have just been declined,

     

    Plus i was due to start a new job as a trainee financial advisor in may and have given notice on my current role, only for the employer to do a credit check and be told i cannot have the job now as i need a clean credit check.

     

    So this default from BG has in effect put an end to my education, made me unemployed and homeless as i have to be out the rented house in 2 weeks with no where to go as i will not pass a credit check for a mortgage or rented property, and the council waiting lists mean it will take approx 6 years for me to get somewhere, as they say i have made myself homeless!!

     

    I have no problem in arranging a payment plan when they get in touch, or when i find out if i can get the default removed - i did speak to them and they said it will remain but have read ppl have had them removed by BG. I am at the point now where i am thinking 'take me to court' as things cant get any worse can they??

     

    So any help is more than welcome!

     

    does the fact that it isnt a credit agrement mean they cant issue a default? I am usually really on the ball re these things but as it is a utility company info seems limited - even where the 'professionals' are concerned.

  16. thanks i have had a quick read and will read further later - my confussion lies with the fact it is a utility company, im not sure if they NEED to issue one etc. i have searched and searched but not got anywhere. ie is it a credit agreement if you pay your gas and elec 1/4ly etc..i called one of the debt helplines and even they werent sure, they will be calling me back but they said can take 14 days

  17. basically i have a default for 700, from old address. i did inform the company of the new address the day i moved.

    on my credit file there is a default for the week after i moved, i got all my mail re-directed so know it never went to both addresses. i am disputing this but it is a utility so cca isnt relevant

    My only hope is the default notice was issued incorrectly

     

    so , do they have to prove the letter was sent??? or is the fact they say it was posted enough to assume i got it?

    thanks

  18. DX, after speaking with them they stated they sent bills on 3 different occassions, they are sending me copies of these dated bills. they say it is enough they sent it - and as they sent 3 they assume i have got them, i did re-direct my post so queried if the bills had a 'do not re-direct' on them they said they did not.

     

    gizmo, i havent had the same experience unfortunately. i have spoke to them and given my reasons i think the default is incorrect etc and also tried to appeal to someones better nature - i spoke to a supervisor, they say it will stand. i asked, in principal if i was to pay the bill in full could they remove as a gesture of goodwill etc. i was promtly told if i did not pay they would be taking me to court for a ccj to be registered.

     

    Yes, we took photos of the meters - i can only assume i called them (as i did with elec and water) but it was 15 months ago now so cant remember actually doing it - but cant see any reason why i would ommit to do so. irrespective now the emter cannot be checked as the current owners changed supplier on the date they moved in so BG cant check against their account

     

    I have just realised as well that my next degree units are due for payment - i am an open uni student and pay via their finance schedule which is subject to a new credit check, so now this will stuff up my degree too!! i cant believe i have somehow got myself into this mess

     

    They dont be seeming to budge at all. i also pointed out that the start date of the account was the date i sold the house and asked how could they provide this info to the CRA's as it was incorrect - this is being looked into but is of little assistance to the default removal.

     

    It is just so annoying that 14 years after i took my 1st credit agreement out i have never missed a payment on amything and now my job, house and degree are all going to be a distant 'what if' due to this

  19. If you have paid the bill - ring them up and ask them to remove the default. They did it for me about 2-3 weeks ago.

     

    do you mean if i paid the bill prior to them issuing the default?

    I havent paid the bill, i was disputing the amount owed. i will pay it when i am satisfied i owe the whole £700 - dont quite know how i will figure this as i moved 15 months ago!

     

    Gizmo, Had you paid before default was issued?

     

    I am hoping to bargain by offering to pay in full if they willc onfirm in writting the default will be removed - is this possible,a nd does anyone think they will agree??

  20. Hi i will try and make it brief, i am in a right mess and dont know what to do

     

    dec 9th 2007 - sold and moved house

     

    Oct/nov 2008 got letter from dca re British gas amount i owed from prev address. rang DCA and said i thought the amount was way too much £700 when usually my gas bills were £200, they said they were instructed to collect the debt not query it.

     

    i asked could the debt be passed back to BG then and i would sort with BG directly.They said they would pass it back to BG as the dca couldnt enter into conversation re disputed amounts of money

     

    mid december i got letter from DCA to say debt been passed back to BG - great i thought - i can now get this sorted out!

     

    i must point out at this point i was about to give birth so had lots on my mind!

     

    dec 19th 2008 - british gas issued a default against me, even tho i asked the dca to pass back to BG - dca said they would tell BG i was disputing the amount owed, only found out about the dafault as i checked my credit file last week

     

    Now on my credit file it states the 'start date' for the british gas account was 17th december 2007 and the default was issued dec 2008 -

     

    How can the start date of the BG account be 17th december 2007 when i had sold my house???

     

    obviously the data is incorrect as i didnt have an account with BG that started on that date??

     

    Do i have any grounds for getting the default removed?

     

    As i explained to DCA i cant afford to have adverse credit as in june i start a job as a financial advoisor - subject to credit checks. obviously i will not be able to take the role if i cant get the BG account sorted 1st.

    Plus i moved into rented accomadation and have just seen a house i wish to purchase, obviously with this default i stand no chance in current climate - so i am potentially homeless and jobless due to the dafault. Already given notice on the rented property as my offer has been accepted and i got a decision in principal from lender in december - before default was issued!!! so i had no reason to assume i wouldnt get the mortgage

     

    i havent contacted BG as of yet as i need to get my facts straight 1st as to where i stand re teh account satrt date -

     

    also i never got a default notice, do utility companies need to isse them? they had my new address but the default was issued at my old address according to my credit file

     

     

    any help is much apreciated

  21. Tried that already - didnt work.

    the data they supplied to the credit ref agency is oncorrect - or i think it is?

    dont know if anyone can shed light on this?

     

    The 'start date' of the account states 19/12/2007 - but i sold the house and moved out on the 5/12/2007. so surely under DPA this data is incorrect? so does this make it anymore likely that ic an get teh default erased? obvioulsy i will pay what is owing but as i have only just found out about it i am trying to gain as much info as poss before speaking to the again

  22. Lowell cannot place a default - they have no powers to do so. The catalogue company may simply have noted the default for non payment of the catalogue debt (which means it may not be a CCA issue). He could be defaulted by the catalogue company at the time, but not additionally by Lowell. Was the debt paid in 2005? It may be that the date was (incorrectly) updated when the debt was settled.

     

    To challenge, he needs to contact the CRA that holds the data, dispute it and demand its removal. They will contact the agency that placed the info are ask for proof, if this isn't forthcoming or they don;t respond - it will be removed.

     

    Hi there, the default has deffo been placed by robson way - sorry not lowell.It was froma great universal or other type catalouge - he cant actually remember which as his g/f persuaded him to get it so it was her that used it. no default has been placed by the actual company he owes money to, but by the dca???? is this possible

     

    i have tried to copy and paste from copy of his credit file so you can see. The default was definately in 2003, october. i have the print out of the credit report that he printed off last year and it states exact same data but the dafaulted on date is 13/10/2003 and teh updated info date is 2007

     

    Company name: ROBINSON WAY Account type: Mail order Default Balance: £775 Current Balance: £775

     

    Defaulted On: 05/03/2005 File Updated for the Period to: 15/02/2009

     

    It is ok to say forget about it but he has been offered the chance of a new promotion later in year - is looking to rent out current property and buy again. obviously as default was in 2003 he would be in position to do this in oct - but as the date of the default has now been changed he cant carry out his plans - surely a default date cannot be changed, that is in effect holding wrong data - against everything the DPA stands for??

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