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Everything posted by lukebolger

  1. Hello everyone. I work for a cosmetics company, The company is owned by a bigger company (who make tools) [no idea why they would buy a hand made soap company!] Anyway, there is very little ventilation where i work, I am getting really ill from it, im going back to the doctor today. The main chemical is sodium hydroxide or lye and fragrances. But i think the main problem is just, lack of oxygen. I get very bad headaches and feel drwosy and confused - every day! I have mentioned this to the employer but she couldnt care less and would have no problem sacking me (or bullying me so much i quit) if i bring it up again. When the H&S exec came round to check the tool company a couple of years ago she made me lock the soap place and take the signs down so they didnt know it was there. I am getting really stressed as she is a psychotic bully, and since im the only person she employes I cant go talk to someone about it. Id be thankful for any advice. PS yes i am looking for a new job but there is not much around I keep sending off cv's but no luck so far. I am actually worried I might be doing damage to my lungs. PPS They also have asbestos tiles on the floor - a few of which are cracked!
  2. I should mention i didnt sign the contract he gave me in january, because of the state of the flat, that was a six month agreement.
  3. Thanks Rennuz, I was going to negotiate with him and pay back monthly - but i wasnt going to pay it in full, as i am not happy with the state of the flat. I am moving out on saturday, but I have the court papers here, he gave me no chance to sit down and talk he just fired off the court claim. I am not breaking any laws about the housing benefit. i recieve 16 pounds (one six) a month from the local council, and there is no law stating that i have to forward that to him, only if i have a drug problem is that the case.
  4. Hey guys, To cut a long story short, I rent a flat, which is a nightmare to live in. It has no central heating, the cooker trips the electric if you tunr more than one ring on and has given me more than one electric shock. The shower is broken. The sink is leaking. The fire alarm doenst work. and I'm struggling for money - so four month ago i decided, its either keep paying him for this pig sty, or feed me and my wife. So i stopped paying. Then on the 10th may i recieved this letter from him, Mr (spelt my name wrong right away_ Re: NOTICE TO QUIT As you are aware, your rental has fallen considerably in arrears in breach of your tenancy agreement, and I am therefore giving you notice to quit. If I do not receive a response from you within the next seven days, with your payment in respect of the outstanding rents, I will assume that you are no longer a tenant and please let me have a forwarding address in addition to you vacating the flat I will also need you to make arrangements to pay off the arrears. I will also need you to make arrangements for the return of the keys. Yours sincerely --- I straight away phoned the council, they told me that its illeagal to evict without 8 weeks notice - so I sent the landlord a letter telling him this - May 10, 2012 – REF:PR/BB NOTICE TO QUIT To Mr , As you aware I have not been able to make rent, however, you are required by law to give me two months notice prior to eviction. I have confirmed this with Gwynedd Council. If any attempt to evict myself prior to the lawful timeframe is made the police will be called, and I will take this to court. Please note the relevant statue below. Housing Act 1988. SECTION 21 POSSESSION. Where the tenancy is an Assured Shorthold Tenancy (informally just called a Shorthold tenancy) the landlord can evict the tenant under section 21 of the Housing Act 1988. The landlord must comply with each of the following requirements, and the tenant has a valid defense to the claim if the landlord does not do so. Firstly, the landlord must give the tenant written notice under section 21 of the Act, ending the tenancy. If the rent is paid weekly or monthly, which is the usual arrangement, the tenant must be given not less than *two months* notice to leave. You could be charged with Criminal Offenses if you don’t follow this statute. Without Prejudice, **** His reply, Dear Mr I was very disappointing to receive your letter and note its contents, and i am disappointed indeed that you are making no effort whatsoever to pay your rent. This being the case, please note that I have immediately entered my claim in respect to your outstanding rent. and you should hear from them very shortly. Rest assured, in view of your attitude, that I will do my utmost to collect the outstanding rent. In accordance with the Housing Act 1988, section 21 you refer to, I formally give you two months written notice terminating your tenancy. I note that you contacted the Council, and I also have been in touch with them, and I will be able to establish if you have been receiving housing benefit in respect of your rental and not passing the monies over to myself. Yours truly, ---- So now i have received papers from the court which are very confusing saying i have to pay the 1250 rent plus court fees. Im really struggling here, please advice ! thankyou I have removed personal identity for you own safety. Conniff
  5. 12 January 2010 REF ************* We are writing to further your complaint relating to bank charges. As you will be aware, issues relating the the level, fairness or lawfulness of these charges have been subject of legal proceedings between us (with several other banks) and the Office of Fair Trading which started on the 27th July 2007. These legal proceedings have now ended, with the Supreme Court confirming that the bank charges are not capable of amounting to penalties at common law and that the level of them cannot be assessed for fairness under the Unfair Terms in Consumer Contract Regulations. In summary we believe that the disputed charges were properly charged and the outcome of the legal proceedings confirms our position. We are therefore not upholding your complaint and we will not be refunding your bank charges. If you believe we have failed to address all the issues raised in your complaint, you may escalate your concerns by contacting us and setting out the details so that we can consider this further. All correspondents should be addressed to, The senior Manager, Service Quality team, HSBC bank plc, Arlington business centre, Leeds. LS11 0PP. Alternatively you can email us at [email protected] or call us on 08457404404. We should point out however, that we do not believe there is any legal basis on which the amount of the charges can be challenged. If we do not hear from you within 8 weeks of the date of this letter we will consider your complaint closed. I note that you requested that HSBC does not pursue any potential enforcement action as regards the debt presently due on your account by reason that this debt consists of bank charges which you are disputing. Following the decision by the Supreme Court on 25 Nov 2009 HSBC believes that the charges have been correctly applied and therefore is entitled to pursue recovery of the outstanding debt your sincerely Chris Mathews Service Manager END So... Please can someone inform me if I should bother carrying on my complaint as they are getting hostile? If I do take court action is there going to be any legal advice from the legal team on this forum? Please advise Luke
  6. Hey guys - I have sent the request of moneys to HSBC on the 5th. They have until the 19th to respond and on the 19th I will send the notice before action to them. I have not had a response yet.... If i receive no response of my request of moneys shall I just continue regardless?
  7. I don't care who is listening I have nothing to hide and even if they had heads up on my reply it will serve them no advantage thanks tho
  8. Hi guys! Well - up until september I had a motorbike - and when I sold it I rang to cancel the insurence, they said I had to pay a £40 cancelation fee - so I told them to get lost and just pulled the direct debit because I wasnt told when I signed up with them that there would be a cancelation fee. It was a telephone agreement. Anyway - I got a letter from the FINANCE company of the insurence broker Here is the original letter! Notice of Default IMPORTANT - PLEASE READ THIS CAREFULLY Dear Sir/Madam (IM A GUY COMON!!!) Re: Insurance Premium - Close Premium Finance Account No: ************* We are writing in relation to your obligations under clause 3 of the Agreement dated 29th-Apr-2009 to make minimum monthly payments to Close Brothers Limited (FIRST I'D HEARD OF CLOSE BROTHERS! THOUGHT MY INSURANCE WAS WITH BENNETS!) in order to repay amounts outstanding under the Agreement(why is Agreement in caps????). We have not received your payment(s) for 25-Nov-2009. This is now overdue and your failure to pay is in breach of the Agreement. You have until 16-Dec-2009 to remedy this breach by the payment of all sums due and owing to Close Brothers Limited under the Agreement at that date, which will be £ 40.89. This includes a charge of £20 to cover our administrative expenses. (WOA THATS SOME EXPENSIVE PAPER!!) IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION BELOW MAY BE TAKEN AGAINST YOU. (OOH THEMS FIGHTIN WORDS EH) This notice is served under section 87(1) of the Consumer Credit Act 1974 (the Act), in relation to a Close Premium Finance running account credit agreement between Close Brothers Limited of 21st Floor, Tolworth, Surbiton, Surrey KT6 7EL and yourself/yourselves dated 29-Apr-2009 (the Agreement) We will terminate the Agreement and demand early payment of all balance on the account. We may enforce our security by canceling your insurance policy (LIKE I CARE IVE SOLD THE MOTORBIKE!) as set out in the attached schedule, and applying any rfund of the premium in satisfaction of your obligations under the Agreement. You will be liable for any shortfall on your account. Insurer Axa Insurance Company Limited - Cover type Insurance - Ref ************* If you are not sure what to do, you should get advice as soon as possible for example you should contact a solicitor, your local trading standards department or your nearest citizens advice bureau. If you have any difficulty paying any sum owning under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing your more time. Yours faithfully Close premium Finance (there is a signature here but no name?!) HERE IS MY RESPONSE - Close Premium Finance, I Luke Bolger, a living soul agent for the entity MR LUKE BOLGER, do declare the following to be true and correct to the best of my knowledge with God as my witness. I am in receipt of your notice dates 02 December 2009, ref: Notice of Default ********* addressed to the legal entity (all caps fiction) MR LUKE BOLGER regarding an outstanding debt in the amount of £40.89 plus £20 in charges. I conditionally accept your notice of alleged debt upon receiving the following: 1. Proof of debt, Validation of the actual debt (the actual accounting) 2. Full disclosure of the alleged debt. (a lawful requirement of any contract) 3. Verification of your claim against me (a sworn affidavit). You are obliged to send me a TRUE COPY of the EXECUTED AGREEMENT that contained all of the prescribed terms, all other 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 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 the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before the account enters into default situation. it may be wise to consider the following terms of a lawful contract. 1. Full disclosure (we are not told that we are creating credit with our signature) 2. Equal consideration (they bring nothing to the table, hence they have nothing to lose) Lawful terms and conditions(they are based upon fraud) Signatures of the Parties/Meeting of the minds (corporations cannot sign because they have no right, or mind, to contract as they are legal fictions) I demand that all of the above conditions be met and presented in Affidavit format sworn under oath or attestation, under penalty of perjury and upon your full commercial liability. Due to the urgency and seriousness of the allegation, I will give you 14(fourteen) days to respond. If I do not receive such a response confirming to the above criteria within fourteen days of the date of this letter, it will be deemed a tactic agreement by your aquiesence that the debt is null and void and non-existent. Sincerely Luke Bolger Here is their response which completely ignores all my requests!!! Dear Mr Bolger Close Premium Finance Account ********** Thank you for your letter. As this agreement was set up with your broker Bennets as a Telesign Agreement, we do not hold any Credit Agreement or paperwork that we are able to disclose to you. When you entered into this agreement, you will have verbally been taken through the terms and conditions with your broker. Legally, your broker is bound to record these calls and as such, your query will need to be directed at Bennets who are contactable on 08703......*. Bennets will be able to supply you with the information you require. I hope this addresses your concerns, however, should you wish to discuss further please contact me on 0845...... Your sincerely Stuart Dalmedo Senior Advisor Personal Lines Administrator MY REPLY - Notice to CLOSE PREMIUM FINANCE (CORPORATION/LEGAL FICTION) on December 14th 2009. In reference to your letter (CLOSE PREMIUM FINANCE ACCOUNT 5001920289-01) in reply to my letter (Registered royal mail number DV 621477110 GB) sent to you on the 4th of December 2009. The Broker in question, Bennetts, is YOUR broker not MY Broker, as Bennetts are selling or representing your product and/or services and must be joindered to you and or your agents by a chain of contract or agreement, additionally as you are alleging a claim against MR LUKE BOLGER it is for YOU to present the evidence, including the evidence from YOUR broker Bennetts to support your claim. Failure to present proof of claim within the time specified will be deemed a tacit agreement by your acquiescence that the alleged debt is null and void and non-existent. If you continue to communicate with MR LUKE BOLGER after the deadline having failed to present proof of your claim within the timeframe specified in my previous communication (Registered royal mail number DV 621477110 GB), you will incur administration charges of £250 per hour for any work generated by your engagement of MR LUKE BOLGER's resources, this will result in an ad hoc invoice being sent to you for payment in full before any response from MR LUKE BOLGER is released to you. NOTICE: MR LUKE BOLGER reserves the right to take legal action or engage a debt collection agency in order to collect on invoiced parties that fail to pay their debts. Please be guided accordingly, you have been Noticed. Luke Bolger AT THIS POINT THEY SENT ME A LETTER saying my account is closed and they (the insurance financier) havnt chased me up for the fraud, i mean debt. So that battle was won! GREAT! BUT I received a letter from the actual broker just a few days ago basically saying I owe them over £200!!! How I have no idea!? So I have sent them a copy of my first letter to the actual finance company - How can the broker think I owe them money! Now they have said that they have passed my case to a DCA! HELP!!! Here is their letter to me (THIS IS THE FIRST I HAVE HEARD FROM THE BROKER - ALL OTHER LETTERS WERE FROM THE FINANCIER!) BENNETS POLICY NO.*************** Insurance for your Kawasaki Cancellation Notice Dear MR BOLGER, As we have not received payment of your outstanding balance of £213.96 (THE HELL!!?MINE), we have no option but to cancel your insurance policy. Please accept this as formal notice that we are canceling your insurance policy. In the "General Terms" of your policy documents, we commit to giving you seven days notice of cancelation in writing. This means that the cover under this policy will end at 12pm on 13/01/10 The road traffic act (theres one of those "acts" again!MINE) you must return any certificate of motor insurance you have for this policy. Please call us on 8******* to arrange payment. If we dont hear from you we will pass this matter to a external agency who will take further action against you to cover the amount due. Customer Service Department.
  9. Hey Guys, I was just reading a post on here about "HSBC no agreement contract". Im just wandering if I will need a copy of the original agreement I had with HSBC for going to court? Could you advise me If I will be needing this? All I have so far is the charges summary
  10. Thanks a million everyone I hav sent them a photocopy of the charges summary and a preliminary request of charges all recorded delivery
  11. PS - Do I send the only copy of the sheduul of charges with my letter requesting my charges back? I have only one copy...
  12. This is what I sent to HSBC - I am writing to request a fully comprehensive list of all the default charges for direct debit, unauthorised overdrafts and standing orders I have paid since 27 July 2001. Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law. I look forward to your response within 40 days, as HSBC is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner. Yours faithfully, I think for now i will proceed with the notice before action letter Many thanks!
  13. Thankyou for the replies guys! well I'm not sure what an SAR is but I sent a letter saying give me my statements fr the past six years etc if you don't I will seek remedy from the information comissioner etc and enclosed a cheque for 10 pounds. They sent a couple of pages with all (I assume) my charges on them with the dates try were taken. But this is not a bank statement like you get in the post. They said they won't charge me for the service and have destroyed the cheque I sent.
  14. Hello everyone! Happy new year to one and all (except the banks) I have got my charges summary back from HSBC - Just under £1000 of charges! I am at a loss of what to do now to claim them back.. Any help ? Thanks!
  15. Thanks Sea, Im with HSBC (heartless sick b*****d corp)
  16. It was about ten days ago. I just thought they would have sent them by now? Or do they wait till day 39?
  17. Hi guys, I am trying to claim my bank charges back (I think about £3000 worth over past five years) I have sent them a letter asking for the records of bank charges back 6 years and I sent them the £10 cheque. I have had no reply in one whole week.... Can they really get away with ignoring customers??? Please help
  18. lukebolger

    bad debt...

    Hi guys, Cool forum! Well... I am in debt... I took a £8K loan out two years ago - and it wasn't too bad to repay. Now I have had a family emergency and have had to leave my job and move back home to look after my seriously ill father - I cant afford to repay the loan at £130 a month. Im on jobseekers... I am going to file a DRO - just wandering is this the best thing to do for my situation? Also I have sent my bank (HSBC) a letter today asking for the amount they have charged me - with a £10 in it for their admin charge. This is the second such letter but this one I sent recorded so maybe they will reply this time! Any advice on what to do to get them to pay up my bank charges? Yours in anticipation... Luke
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