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About hendo29

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  1. Thanks again CitizenB. I will let you know how I get on. Hopefully get it taken of my CRF
  2. Thanks citizen that's what I thought. I wasn't certain on the section of the CCA though. Il escalate my complaint to ombudsman and hopefully get it removed. The final response states not only that they didn't send a default notice, also, that they are exempt from the law in that they don't need to send one and that they are unable to produce one. What about the fact they registered the default 2 years after the activity had taken place, anything wrong with that. Does the information commissioner guidelines not give a deadline of 6 months for creditors to register for a default? Or am I mistaken there Thanks again
  3. hi guys just looking for a little clarification relating to defaults on payday loans. it is in relation to an old payday express account where there is still a balance. the account was open between sept 2012 to dec 2012. in May this year a Default appeared on my credit file for the account the default was dated for dec 2012. no notice of default was ever sent. i wrote to payday express to challenge this and in their final response they have stated "It should be noted that Payday Express is not required to send you a formal notice before recording the loan as being in default with the UK credit reference agencies" then Quoting the Information Commissioners guidelines "a Default Notice will be issued for the following reasons - to terminate the agreement - to demand early repayment - to recover possession of goods - to treat any right as terminated, restricted or deferred -to enforce any security" "you will notice there is no mention of a Default Notice being required for the purpose of reporting to the credit reference agencies" surely this can't be right can it? under the CCA a default notice is sent to give you the opportunity to remedy the breach by a certain date. without the Default Notice i have not been given a reasonable opportunity to set things right. i am raising my complaint with the ombudsman now but would just like clarification if this is right? thanks
  4. Hi guys I have a query regarding overtime rates for employees who receive a shift premium, i have scoured the internet but can't find anything relevant. I receive a shift premium for working day/back/night shift, averaging out at 37 hours per week, over 8 weeks. When I work overtime on day/back/night shift, my payment is calculated based on my basic salary, without shift premium. I would assume that my premium is paid for my contractual 37 hours a week and any further shifts I work in overtime should include an additional premium for those hours. Can anyone confirm if this is right and direct me to some legislation relating to it. Thanks in Advance
  5. Sweet, thanks CB that's what I thought. The whole thing has been a shambals from the start contradicting lie after lie. I have it all documented though and will return my full complaint to FOS. I had previously raised it with FOS but they required a final response from m/hall first. Hopefully this time I will get somewhere Thanks again
  6. Hi guys Looking for a bit of advice regarding a default. I had a pdl with quickquid, they never issued a default. The account was 'sold' to mucky hall who on the date of purchase applied a default on my credit file. I have been challenging this since as I was never supplied a proper default notice. In the final response from m/hall they have supplied a default notice they claim was originally supplied by quickquid, which is dated 3 months prior to the 'notice' they had originally supplied and 3 months prior to the date on my credit file. They now claim that upon purchase of the account they updated the details of my default to reflect the date they had taken ownership. I am now raising my complaint with the FOS and need to know if what the claim to have done is in anyway legal? Thanks in advance
  7. No have not sent a SAR request yet, thought Id just inquier about the PPI first. I will send of a SAR first thing tomorrow and get all the info. Am i right in sayin that a financial institute should retain a customers financial records for a minimum of 6 years after the closure of an account?
  8. HiGuys, Ihave had a PPI claim in with John Lewis Financial services, who provided mewith a mastercard from 2004 to 2010. I have todayreceived a response headed "WITHOUT PREJUDICE SAVE AS TO COSTS" It goes on to say, "Unfortunately,we can confirm we are unable to uphold your complaint. Notwithstandingthe above, and without prejudice, a business decision has been made to refundall remaining PPI premiums, Please note that as we are only obligated to retainrecords for a maximum of 6 years, the refund is based on the premiums we haverecord of." It also refers tothe refund as a goodwill payment and provided the breakdown of the refundbelow, which makes little sense. Manually enteredpremiums £63.95 Pre-statementperiod estimated premiums £0 Total PPI premiums£63.95 Interest chargedto card(non-taxable) £6.95 Allcredit interest(taxable) £37.94 TOTAL£108.84 Ithought a financial organisation must retain records of your account for aminimum of 6 years after the account had been closed. Is this the case? Itappears that they are unwilling to commit to upholding my complaint but aretrying to fob me off with an estimated premium as a goodwill gesture as theyhave failed to retain my records. I believe that over the 6 years the accountwas active there would have been a rather more substantial amount of premiumspaid on the account as the account was maxed out for the first 3 years. Also,should there not be compound interest added to the refund they have offered? Anyideas on where I should go from here? Thanksin advance guys.
  9. thanks guys. your advice is much appreciated. will let you know how things go
  10. yeah, thats the route i am thinking dx. what about the fact the have claimed to be acting on behalf of QQ when not, should i start a complaint on that, or hold off for now?
  11. Got an update on this one. After M/Hall refusing to accept my F+F i offered a repayment of £1PCM, they have requested an income/expenditure form be filled out. Instead I challenged the owner ship of the account, as M/Hall have always pursued the account, stating there acting on behalf of the client QQ. Its been a little E-Mail ping pong but its shaping up nice. the conversations below, any personal info removed. M/Hall I can confirm that Mackenzie Hall are the owners of this debt. With regards to your balance the principle was £200 but this excludes fees, interest, and any charges. The loan was taken out on the xx/xx/xx and its due date for payment was the xx/xx/xx. As no payments have been made to the account the fees, interest, and charges have been applied which is why your account balance now sits at £ 1,004.00. These loans are meant to be paid back in one month. If they carry on for any length of time the balance owed does increase accordingly. As I have stated before we are more than happy to come to a compromise on the balance outstanding due to your financial circumstances hence why we have offered you a short settlement figure of £502.00. This offer still stands. I look forward to hearing from you and would appreciate you sending back your financial statement so we can assess your situation and help you accordingly Me I would have appreciated if you would have informed me of your ownership of the account at the start of this issue, instead of acting under the false pretence that you were taking action on behalf of your client, Quickquid. I believe that I should have been provided with a deed of assignment of the debt being sold on to you, I have never recieved this document. I also believe that a Default notice should have been sent to me prior to the default being applied to my file, again I have no recollection of ever receiving such a document. Therefore, again before we can discuss this case further, I requier that you provide me with the following documents 1. You must supply me with a signed true and certified copy of the original default notice 2. Any deed of assignment for when the debt was sold on. I will permit 1 week for you to provide these documents to me, via post, to my home address. If you are unable to comply with this request I will persist with an official Consumer Credit Agreement request, in which you will then be legally obligated to provide me with the data I have requested and you will need to produce a reconstituted agreement. I may also be forced to file a complaint regarding the negligence of Mackenzie Hall regreting to inform me of your ownership of the above account, and pursuing the claimed outstanding balance under the false pretense that you were acting on behalf of a third party, I will have no choice but to escalate the matter to the relevant authorities including, but not limited to, the Banking Ombudsman, Office of Fair Trading, Credit Services Agency and the Information Commissioner's Office. I look forward to your response. M/Hall I am sorry you feel that information provided to you has not been as clear as you would have liked. I have offered to discuss this account on the phone so we could come to an amicable arrangement but you have declined to do this. I am sure you can appreciate communicating by email is not ideal as it is clear in your last response you believe certain information has been withheld from you. I can assure you this is not the case and I have replied to you accurately and promptly on each of your requests. I would recommend based on your last response to please give me a call so we can resolve this matter to your satisfaction. With regards to the information you have requested I will flag this to the relevant department to organise. Me As I informed you at the start of this issue, I would like to maintain all correspondence in writing, this way I hold a permenant record of all correspondence. I have not related to the missing data as withheld, I merley stated that I do not recall receiving a Default Notice or a Deed of Assignment. I have requested that you provide me with these documents, you have 1 week to provide these documents to me, via post, to my home address. I also believe that I am only requiered to repay the original loan plus one months interest, therefore, I now also request that you send me a statement of account, with a breakdown of the original loan and any charges, fee's and interest that has been added over months proceeding the original loan. If you fail to provide me with these documents within one week I will issue an official Consumer Credit Agreement request, in which you will be legally obligated to provide me with the documents I have requested. I have documented evidence that you have pursued me for this alleged debt since November 2012, under the false pretence, that you were collecting the outstanding balance on behalf of your client, Quickquid. I you fail to comply with my requests, I will have no choice but to escalate the matter to the relevant authorities including, but not limited to, the Banking Ombudsman, Office of Fair Trading, Credit Services Agency and the Information Commissioner's Office. Any thoughts?
  12. i will try this road and if still dont get anywhere will start with a full complaint. i will post again when i get further correspondence
  13. Yeah ibelieve there is charges, sure there is an extra £200 on the original balance
  14. thought online companys could get round this post 2006?
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