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Posts posted by Tigi

  1. Really confussed and hoping that someone can give me some advice, every year im getting the same letter then nothing for the rest of the year and no chasing every year im threated court action and it never happens, ive appealled it twice but never get a response apparently overpayment is between Aug 16th 2007 -Sept 15th 2007 because of change in circumstances, however I was unaware this was happening. Partner cant of moved in with me on 15th August as we were on holiday abroad for 2 weeks.


    Statement of events so far, I am at a lost as to what to do. I can not afford to pay this over the next 12 months.


    15th September 2007 - Letter from HMRC saying we are not going to ask you to pay it now no period stated or amount.


    19th September 2007 - Single Claiment Amended Tax Credit award received no overpayment mentioned.


    4th May 2008 - Annual Review Tax Credits Award received - Joint Names stating joint award started 16/08/2007, no payment breakdown given. Therefore no idea it was wrong.


    21st August 2008 - Single Final Tax Credit Award received - overpayment mentioned.


    29th September 2008 - Inland Revenue Letter of Notice to Pay to HMRC outstanding amount.


    02nd October 2008 - Notice to pay £10.00 a month to HMRC with income and expenditure - no responce received from HMRC


    11th November 2008 - Letter demanding full payment, threating legal proceedings.


    15th November 2008 - Letter to HMRC notifying them that I had disputed their claims and letter was sent to them on 2nd October by Royal Mail track and trace. Proof sent to them of this, letter also mentions that I asked to speak to a manager at the HMRC which they refused. Letter threatens to send copies to Adjudicators Office and Parliamentary Ombudsman.


    19th November 2008 - Letter confirming receipt of my correspondence saying to contact the office to agree payment, when I phoned they refused to let me pay it over more than 12 months which I couldnt afford to I took it to appeal.


    20th November 2008 - I wrote to HMRC for appeal on the grounds that no overpayment mentioned at time of overpayment, letter stating no repayment needed, advised them we were on holiday on 15th

    August 2007 therefore werent living together have proof if required and on the grounds that I had no idea of the overpayment as my payments matched the award notice.


    21st May 2009 - Letter received from HMRC to say an overpayment of the single award was made from 16/08/2007-17/09/2007.


    10th August 2009 - Notice to Pay from myself to HMRC - I wrote a response to tax credits offering a payment of £20.00 and asking them for a way to pay this due to hardship and not being able to afford anymore, I asked the HMRC to give me the options in how I could pay this, again no response from HMRC.


    January/February 2012 - HMRC chasing payment again threatening payment.


    28th January 2013 - HMRC chasing payment again threatening unless its paid now we will pass it to private debt collection agency.


    Can anybody help I have got no idea what to do.

  2. I bought a laptop from PC World in August which was a Samsung model which came with a £100 cashback offer, I sent my cashback form via post with all the relevant documents and received an email from Samsung to confirm receipt of it and that it would be processed within 30-45 days for purchase. On day 50 I had still not received anything from Samsung so I phoned them up to find out what was happening, I was told that they had a massive backlog and they gave me a reference number, still not confirmation as to when I would receive the cheque and that it could take another 45 days. I have had a manager from PC World chase this for me who got know where but was advise by Samsung that only two people where doing the claims and that it could take up to 365 days. I have again chased this with PC World and they have said that they cant do anything even though it was there offer at their store and I have also sent Samsung another email asking where the cheque is. I have contacted Watchdog and am wondering whether its a good idea to contact trading standards as I cant seem to get my Cashback off them, this was the whole reason I went for the deal in the first place and if I knew it was going to take this long to get it back I would of gone with the other choice of laptop which was £100 cheaper in the first place.


    Anyone got any ideas as ive now been waiting 81 days?

  3. Yep fully understand that but how comes before he was due to leave it was a no to being able to be part time or flexible but now he is leaving they have offered him that, either there is a business need there or there isnt doesnt make much sense, but yeah agree its now their loss as he has got another job which fits perfectly with the hours he needs. :-)

  4. In October my partner requested under the flexbile working act to work from work till 2pm and then 2pm till 5.30 from home via Laptop, this is due to being a carer for a disabled son and needing to be around for the school run which our disabled son gets distressed about and needs to be carried everywhere and is over 15kg, we have 3 children one in a pushchair. Anyway this was denied even though they knew all the reasons but never put in writing despite chasing Directors, Managers and HR. The reasons they gave where the team was too small, he had to be based at work and that they were concerned other members of the team would ask other people rather than contact him at home. He has decided that there is no other option but to leave and has been offered another job who will allow flexible working so he has handed his notice in and given them a week I know that he should be giving more than this but they said they fully understood his reasons for leaving and had a feeling that he would. Since him handing in his notice they have asked if there is anything they can do to keep him there, and offered paying for taxis everywhere for me and the children, however this doesnt help as its when he is out of the car its the issue plus isnt practical getting the car seats out the taxis 6 times a day with 3 car seats in tow, so he kindly turned that offer down, they then offered him part time working 4 hours a day but this still wont fit due to the appointments with OT that our son has so would actually put him on a 15 hour week they also only wanted this on a temp basis and that if it didnt fit the company he would have to go back to his normal hours, again this is worrying as they could change their mind any time. Also surely before he handed his notice in this wasnt an option according to the company so why have they changed their mind. He has turned this down, now they are asking for another week from him notice but he cant do this. Any advice, should he be saying constructive dismissal??

  5. with regards to the accident its in the hands of the insurance company and liability has not been admitted by us we are allowing the insurers to battle that out, the fact that they are still parking there even though they have a drive way empty is what we want to get stopped to avoid there ever being this situation again, also we exchanged all details with the party at the time of the accident and informed our insurance company, we still havent got their full details and they have failed to give them even though they have been asked, we have passed their reg number to the insurance company to trace details. The problem has been even though she has contact details for the driver, has been knocking on my door everyday since the accident and admitted on the phone that she knew I was in which means I have been being watched as they do not live here. All very complicated I know. I have been advised by the police and insurance company not to open the door and let them deal with it. We just want to get it stopped in the furture as the parking issues affect us all living as none of us can get to our drives here just from inconsiderate parking.

  6. Hi i wonder if someone can help me, what happens if a tennant of a landlords house is breaking their deeds, we have a access road which allows access to all our properties, the deeds state no parking, blocking at any time on the access road and they keep having people that are visiting them parked then sometimes even when there is no one parked in their driveway and they have room for two cars, this makes it extemley difficult for both us and our neighbours to get our cars out and its recently caused a iccident.



  7. Thats just the problem Northern Rock are saying unless I can remember what the details are they cant speak to me due to Data Protection but because I dont have any information on it they wont speak to me. Im trying to get the information from the Bank see if they can come up with previous bank statements.

  8. They have left it a year before replying to the letter therefore are way out of their timeframe to reply in and the letter was suggested to send from here, it was also checked by CAB and apparently it was the correct letter to send confussed have only sent what I thought was correct on advice given, hence why I am confused as to what to do as they seem to ignore all letters you send to them anyway.

  9. This was the letter that was sent to them regarding CA.


    You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.


    On 21st November 2009 I made a formal request for a true-signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for document sent by Royal Mail and I have proof of posting.

    You have failed to comply with my request, and as such the account entered default on 5th December 2010.


    The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.


    Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.


    This limit has expired.


    As you are no doubt aware section 78(6) states:


    If the creditor fails to comply with Subsection (1)


    (a) He is not entitled , while the default continues, to enforce the agreement.


    Therefore this account has become unenforceable at law.


    As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8


    (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'


    (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'


    Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.


    Furthermore I shall counterclaim that any such action constitutes unlawful harassment.


    Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.


    This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.


    Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data.


    It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.


    Should you not respond within 14 days I expect that this means you agree to remove all such data.


    Furthermore you should be aware that a creditor is not permitted to take ANY

    Action against an account whilst it remains in dispute.


    The lack of a credit agreement is a very clear dispute and as such the following applies.


    * You may not demand any payment on the account, nor am I obliged to offer any payment to you.

    * You may not add further interest or any charges to the account.

    * You may not pass the account to a third party.

    * You may not register any information in respect of the account with any credit reference agency.

    * You may not issue a default notice related to the account.


    I reserve the right to report your actions to any such regulatory authorities as I see fit.

    You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.


    I would appreciate your due diligence in this matter.


  10. I wonder if anyone is able to help me I am having some problems with 1st Credit here is a timeline of events.


    20/08/2005 - Letter received from Wescot confirming £50 a month acceptance of payment.

    25/05/2005 - Letter confirming reduced amount of £5 a month acceptance of payment.

    19/11/2009 - Letter from 1st Credit demanding full payment within 7 Days

    6/11/2009 - Letter from 1st Credit chasing possible address for client

    08/7/2010 - Letter from 1st Credit chasing possible address for client

    09/07/2010 - CCA request letter sent recorded to 1st Credit for proof of debt

    08/09/2011 - Letter from 1st Credit chasing possible address for client

    19/09/2011 - Letter from Northern Rock Plc confiming debt sold to 1st Credit in 11/01/2006

    23/09/2011 - Letter threating legal proceedings unless £10.00 is paid for copy of documents and payment arrangement made.


    Please can someone tell me where I stand on this, not been paid since June 2005 from what I can gather but I need to get that confirmed (exact date trying to be found out) and I have no paperwork anywhere as ex destroyed all documentation I ever had.





  11. I am a little confussed as to your post, they werent samples, they placed a order with me for the 7 sets of white pearl necklaces and earrings no other specifications were asked for. They were aware that this was a bespoke package for them and that materials would have to be bought in especially for it, they had the order a week before mentioning they werent happy with it yet continued to wear it whilst stating this, why didnt they contact me before hand on receipt of the order and state that they were unhappy with it not wear it for the next week as now I will be unable to sell this to anyone else, surely any retail outlet would not allow you to wear a item for a week and return it.

  12. I wonder if there is anyone that can help me, I am self employeed and own my own bespoke Jewellery business. I have recently made a rather large order and been paid for it as this was a bespoke order, now the customer is unhappy with what they have got yet have been wearing it for a week.


    This is the orginal order placed, quote : Can I please order 7 sets of necklaces & ear rings.


    Please note a invoice with the below T&C's were then sent after this email and payment by bacs for the bespoke order was sent.


    This was the email I received after they have received the order and been wearing the order or a week quote:


    Thank you for sending through the samples.

    Unfortunately the earrings are not the style and size that we expected- I was under the impression that ....... had shown you the original jewellery as examples.

    The ear rings are not full pearls.

    Also, the pearls used on the necklaces are much smaller than the original that ..... had given you to mend.

    I’ve also been informed that one necklace has just broken within the first week.

    Can you please let me know what we can do to resolve this?


    I am wondering what I should be replying, they were not samples as a order was placed, there was no specification when the order was placed only that they wanted white pearl necklace and stud earrings, no size etc was given in their specification. Also they have admitted to wearing them in email which means I can not take them back for hyginene reasons as stated below on the invoice as I can not sell these on. Also why were they wearing something they werent happy with??? I am quite happy to repair the broken ones free of charged but I am miffed as to what I should be replying to them, can I hold them to the below and no refund is due????


    My Invoice clearly states the below :


    (Company Name) offer a 14 Day Money Back Guarantee. Jewellery must be unused and be in pristine condition and be returned with the original presentation packaging .Specially ordered bespoke items and earrings (for hygiene reasons) cannot be returned


  13. Hi, I dont believe phoning him all morning was a emergency no, not when they already knew where he was he phoned 6 different numbers to let them know he was stuck and couldnt get into the office due to over a foot of snow and to pass it to other members of the office I think is disgusting and a breach of his privacy especially as they are still trying to use this number now to contact him when he is in the office just because he is busy and not at his desk, its his own personal mobile, his boss even asked for my mobile number in order to get hold of him should she need too, I think this is wrong.


    He has managed to get a copy of the bully and harrasement policy, the real reason it was inconvient for work was because his boss was off on holiday in the afternoon and didnt have anyone to cover not really his fault if public transport wasnt running due to snow and the car stuck.


    Yes there is big up rore at the company at the moment due to redudancies and unfair treatment with a lot of people going through acas

  14. Hi I wonder if there is anyone out there that can help, my partners work during the period of bad adverse weather couldnt get into work and phoned in to let them know, his HR dept took it apon themselves to take his mobile number off his HR file which was down for emergency contact only and passed it to 4 members of staff in order to contact him for work related purposes, is this allowed. He challenged this and said that he wasnt happy with it and put in a official grievance against his boss and put it into the HR department, he didnt receive a reply until recently when he had to put in another complaint against his boss for trying to force him to do overtime at 5pm one evening when he said that he couldnt as he had commitments to get back home too, she then threatened him by saying you either lose your plans this evening or you cant go to your partners maternity appointment in the morning even though this had been approved over a week ago. He therefore then made another greivance chasing up the one that he already placed and included the new one, to get a reply saying he had to take this up with his boss but she is the one he has the greivance with, also in responce to the phone number being given out he was told it was necesssary as he had failed to phone in and speak to his boss on the day of question this is untrue as I have the bt phone bill here confirming he had phoned in and was here when he did. What can he do, I feel like he is being bullied in the work place. He is consantly made to feel that he can not take holiday as its alwasy too incovieant for the business.

  15. Hi I know that this isnt related to a Debt Collection Agency but wondered if you guys knew whether it was allowed for a Solicitor to give out my new address to a third party. They have my new address obviously for the sale of my property, however instead of asking if it was ok to give it to the maintenance company they just went ahead and did it, I didnt want them to have my new address and thought that everything was supposed to go through my solicitor am i correct in thinking they have broken the Data Protection Rules

  16. I wonder if anyone can help on giving me some advice on where I go from here, I have a Shared Equatity propety that has been on the market for 3 months and even though has dropped price three times from 135k to 115k we still havent had any buyer, I therefore approached my Lender on my mortgage and the Housing Association and they both consented to lease in the short term until a buyer was available, for say six months, however this was on the say so of the Local Authority, they have come back and said no on the grounds of section S.106 which disallowes it, even though ive met with them and my solicitor and they can see I cant afford the property any longer, I am now looking at defaulting on my mortgage cos I cant afford it. Would you be tempted to go to the papers as the lender and the housing assocition has said yes its only the Council being difficult, they would rather see the property repossessed.

  17. just looked up OFT guidelnes and they are breaking the rules on all these grounds how do i get them stopped


    Physical/psychological harassment

    c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties

    d. using more than one debt collection business at the same time resulting in repetitive and/or

    e not informing the debtor when their case has been passed on to a different debt collector[/font]

    f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so[/font]

    k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt

  18. Hi in answer to your questions


    Can you clarify exactly who is dealing with this account - Fenton Cooper or Rockwell? - I am now completely unsure and conversations they both sqay they are dealing with it, Yet they are the same company, I am paying Rockwell who have said if I default they will take me to court and Fenton Cooper are asking for payment too.


    What sort of account is it and (approximately) how much is outstanding?

    Loan and credit card now been lumped together total 17k


    Who was the original creditor? Intellgent Finance


    When did you send the CCA request, did you include the £1 and do you have proof it's been delivered? Begining of October yes sent recorded they defiantely got it and responded that they are trying to obtain it.

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