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  1. Thanks for your advice MARTIN3030, Will get on to the Landlord for their address details ( if he has them ). Vaz.
  2. Thanks for your reply Martin, Yes we do know who is making these comments. It is plain to see that one person is " loading the gun with bullets " and the others are firing. The biggest issue is this. The person/persons who are doing the shouting, are not on the original tenancy or water agreement. The tenancy started on 1st July 2011. The students paid half rent til September 10th when they were allowed to move in proper. Prior to the September date, two of the original tenants pulled out and were replaced by the two " guests ". These " guests " simply reimbursed the original tenants their bond of £260. It is these two " guests " who are demanding their bonds back. Do these two individuals have any legal claim to these funds? They are not named on any agreement. Can we legally return these funds to the original named tenants, minus the water bill, and let these individuals sort it amongst themselves? The " guests " are saying that it was my daughter's responsibility to sort out the Water bill. I don't agree. We can ask the landlord for their contact details but I am not sure if they are still valid. We have not heard anything from the water company or Moorcroft. Probably because all correspondence is still being directed to the property in question. Thanks for your advice Martin. Vaz.
  3. Hi thanks for the link. I have contacted Paratus and agreed a repayment plan to clear the arrears over the next 13 months. With this in place, no further arrears charges will be applied to my account. Time now to get my mortgage balance reduced by getting the old arrears charges removed. How do I go about this? Are there any templates in the Library? Thanks for any advice. Vaz.
  4. Thankyou ims, Hopefully it won't get to court but, I think I am in good company should I have to proceed. Regards Vaz
  5. Thankyou ims, I think I will pursue the claim through MCOL. Is there a step by step guide / thread to follow? Vaz
  6. Hi Martin3030, thanks for your reply and guidance. Sorry for not getting back sooner. As things stand with this situation the students who are demanding the return of their bonds have resorted to constant threats through a Social Network Site. So much so, my daughter now fears for her safety on return to University in 3 weeks time. Admittedly, and under advice from myself, she has refrained from corresponding through said Social Network Site. Purposely to gain as much information and guidance as possible with a view to resolving this matter in the most appropriate way. Apart from the initial post to all parties stating they need to pay the outstanding bill, she has said nothing. The other parties have in one way or another accused her of theft and/or embezzlement. There are five people on the original tenancy agreement. The same five people are on the Water Bill. However, the two people who are denying their responsibilities for the water bill are the two that are not on the original tenancy agreement. These individuals moved into the house soon after the agreement was signed because the original tenants pulled out. No new tenancy agreement was created or signed to reflect the change of names. They just reimbursed the original tenants the bond that they had paid. They then carried on as if they were the tenants. I hope this is making sense Martin. Please excuse me if you have already answered these questions. What I would like to know is this: What can I do to stop these threats? Is it harassment/bullying. If so, what would be her response? Can she adhere to the original tenancy agreement? i.e: The bonds returned to those named on said agreement? You have previously said she is entitled to pay any outstanding bills from any returned funds and refund the difference between the two. Would these funds need to be returned to the people on the original tenancy agreement? A few extracts from the messages she has been receiving: " "Embezzlement is the act of dishonestly withholding assets for the purpose of conversion (theft), of such assets by one or more individuals to whom such assets have been entrusted, to be held and/or used for other purposes." " N*********, we've messaged you several times about it, and we've been notified that you've read those messages. Burying your head in the sand is not going to make this go away. " " This is your last chance. Explain to us what is going on with our money. Don't keep us in the dark. If you don't reply to any of our messages before Tuesday morning, we're going to start taking this further, and once we do, it's not just going to be a matter of apologising for not dealing with the situation well. We don't want to have to take this to the small claims court - but we will. And you will lose. So just do the sensible thing, and tell us what's going on." " Lol don't worry we all do, just thinking if you're in uni with her you can corner her for it or something " Threat of confrontation. " Tom, you tried calling up the water company right? And they said they couldn't deal with you? " Because they are not named on the bill " Yeah " " Good, that's important." " Is It ? " " Of course it is. It shows that none of us had the power to sort that water bill and that it was N******* responsibility to sort it out.Which means we're not liable for the charges that ramped up.Which means she's stolen our money to pay for her own mistake." There are Five people named on the Water Bill. " You're not going to use our money to pay off the debt that you caused N********." HOW DID SHE CAUSE IT? They are all liable for the water bills. " I'm sorry, but if you pay off that bill with other people's money, you're committing theft. What theft? She has the money, just doesn't know what to do with it. " I've dealt with this exact situation before, and it didn't end well. Seasoned non payer then? What would be our most appropriate next step please? I feel we need to let them know what we are going to do with their money. That is pay the damn bill like it or not. Advice as ever greatly appreciated.
  7. Hi Ims, not sure if I have done this correctly, it was my first go. This is the letter they sent me rejecting my charges claim. This was, I presume, in response to the letter before action I sent them dated 29th August. Is it a normal response? My next step would be to issue in court as you have said. How do I start that process? I am a bit concerned about the court route. I am in full time employment, working a permanent 2pm til 10pm shift pattern, so I would be limited as to when I could attend court. Are there other ways I could claim? I have heard snippetts of MCOL. Would that process be suitable? Advice, as usual, more than welcome. Vaz
  8. Morning everyone, Sent Halifax my SoC along with letter requesting my money back on 13th August. They received it on the 15th. Sent them updated Spready on the 29th with Letter Before Action. Rang them on the 5th September to see if there was any update. Finally got through to somebody from Card Services. One of their staff said they had sent out a Full And Final decision letter on the 17th August rejecting my claim. I have received no letter. He also proceeded to tell me why they would not be upholding my claim. " Our charges are in line with your terms and conditions and are fair " he said. Still no letter, off to work now maybe delivered today. What do you think my next step should be bearing in mind I have sent the LBA on the 29th August. Your advice, as always, is greatly appreciated. Vaz.
  9. Hi Up2, The letter I sent on the 22nd August was a template from CAG. It is different to the one I sent on the 13th July. That was from MSE. Its different in the sense I made it global, rather than about a specific account. They cashed the cheque I sent them in July for £10 but wrote back saying " there were no charges made on the account in the last six years, therefore there is no information to provide". They enclosed a cheque ( not my cheque because they had cashed it ) for £10 saying " there was no charge for this service, however, if I require a copy of all personal data under the Data Protection Act 1998, I should send a formal request along with a cheque or postal order for £10". They cashed my original cheque back in July.... I sent their cheque " uncashed " back to them stating that the original cheque I sent them, which they have cashed, would cover the fee for the revised SAR request. I did not send them a cheque with the letter dated 22nd August because they have not complied with my SAR of 13 July. I returned the cheque they sent me. Uncashed. So basically they have cashed my £10 cheque and not provided the information I require. I hope I have made myself clear. Thanks for the number Up2, I will give them a call tomorrow to see what they are doing with my revised SAR. They really have pulled me from pillar to post on the phone, so frustrating. Vaz.
  10. Hi Up2, This is what I sent to MBNA on 13th July, I amwriting to request a fully comprehensive list ( Subject AccessRequest ) of all the default charges for late payments or going overmy credit limit applied to my account. Also, include all PaymentProtection Cover that I paid in relation to the same account. Pleasefind enclosed a cheque for the maximum statutory charge of £10. Ifyou are unable to provide this data, I will accept a copy of mystatements; I understand that statements on their own are not coveredby the Data Protection Act 1998, yet I’m not requesting thestatements per se, but the charges, which I’m entitled to by law. If youstore any of the older records on microfiche, please be aware thatthe Information Commissioner deems this to be a relevant filingsystem under the Act. As such, any microfiche data must be sent to mein fully legible and comprehensible form. Ilook forward to your response within 40 days, as MBNA EuropeBank is obliged to reply under the DataProtection Act. If not I shallseek remedy from the Information Commissioner. Yoursfaithfully, They cashed the cheque for £10 and wrote back saying " there were no charges made on the account in the last six years, therefore there is no information to provide". They enclosed a cheque for £10 saying there was no charge for this service, however, if I require a copy of all personal data under the Data Protection Act 1998, I should send a formal request along with a cheque or postal order for £10. I am confused now. Was the original SAR request not a formal request? Did I not enclose the appropriate fee? They cashed it!!!!!! My account goes back to around 2003 til 2006. Lots of charges and PPI. I wrote back with this: Date 22August 2012 MBNAEurope Bank P O Box1004 ChesterBusiness Park Chester CH4 9WW Dear Siror Madam, DataProtection Act 1998 Subjectaccess request DearSir/Madam Pleasesupply me with all data that you hold on me. This includes inparticular, but is not limited to, the following:- 1.The original signed, executed credit agreement/s and any terms andconditions that applied to the account/s at the time of default andat the time the account/s was/were opened. 2.Where there has been any event in my account history over this periodwhich has required manual intervention by any person, I requiredisclosure of any indication or notes which have either caused orresulted in that manual intervention, or other evidence of thatmanual intervention in relation to my account formerly held withAbbey. 3.True copies of any notice of assignment and default notices orenforcement notice that you/or name of the original creditor sent me,with a copy of any proof of postage that you hold. 4.Documents relating to any insurance added to the account/s, includingthe insurance contract and terms and conditions, date/s they were/ itwas added and deleted. 5.Details of any collection charges added to the account/s;specifically, the date they were/it was levied, the amount of thecharge, a detailed financial Breakdown of how the charge was/chargeswere calculated, and what the charge covers/charges cover. 6.Specific details of the fees/charges levied by any other agency inrespect of this account/these accounts and a detailed breakdown ofsaid fees/charges and what each charge relates to and on what datesaid fees/charges were levied. 7.A genuine copy of any notice of fair use of my data as required bythe Data Protection Act 1998 8.A list of third party agencies to whom you have disclosed my personaldata and a summary of the nature of the information you havedisclosed. 9.Copies of statements for the entire duration of the creditagreement/s. 10.Terminationnotices PLEASENOTE that unless otherwise stated by yourselves and if the abovedocuments are NOT provided, it will be CONFIRMED that you are unableto reproduce/provide in any way shape or form any copies of the aboverequested documents. You are reminded that you have a duty to informme if you do not have the above documents. This is confirmed in HighCourt Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) Youare reminded that you are obliged to supply all the above documentsin line with the Information Commissioners Technical Guidance update(Dated August 2007) Ifthere is specific information which you require in order to satisfyyourself as to my identity, please let me know by return. However,please note that the above address is the one which you normally useto communicate my private business to me and which you have hithertofound to be acceptable. Sinceyou have already cashed the cheque for my original SAR request dated13 July 2012, I will deem the fee for this service as paid.Therefore, I return your cheque as uncashed. Yoursfaithfully, Enc. MBNA cheque for £10.00 Did I do the right thing or will I have to start the process all over again? They still have my money. Trying to get information over the phone from them is nigh on impossible. Thanks for your advice Up2. Vaz
  11. Thx dx. Will draft and print everything tonight ready for posting tomorrow. Vaz
  12. Hello guys and dolls, I have recently joined C.A.G. and not sure if I have bitten off more than I can chew in such a short space of time. Big apologies if I have flooded the forums with my umpteen questions but I would really appreciate some assistance as I do have a " few issues ". Any advice on these through my various posts would be gratefully received. PM's also welcome. This post concerns PPI on a Halifax Credit Card. Hope you can help. Sent SAR to Halifax July 18 2012. First mistake.... Only requested information to a specific account number. Wet behind the ears and not subscribed to CAG at the time. Nice slab of paper received 3 weeks later detailing copy statements dating back to the account start date. This was 10 June 2004, of which they also sent me ,albeit a copy, the Original CCA. From what I have read on the various threads, this is unusual but welcome. I wrote to Halifax thanking them for the documents I received. I also said.. " However, I request ALL information you hold on me about ALL accounts and that the £10 fee you have already cashed would cover your fee for this service " Just thought I would try.. Still waiting for their reply but have enough info to press on I think. The CCA (credit card application) Employment value states I was a Labourer - Construction Industry. Gross Annual Income: £ 16000 I cannot remember giving an employer name or contact detail. Would that be shown on my application or another piece of data they may be witholding? To my recollection I was self-employed. What bearing would that have should I have needed to make a claim? The Credit Card Protection Cover box was " auto-crossed ". The Card Care box was NOT auto-crossed but they STILL charged me the annual fee. As I have previously stated, I am in posession of all my statements for the duration of the account. Thanks Halifax. I have a few questions I would really like the answers to before I send off the documents to prevent me making a fool of myself. 1. The FOS Questionnaire. I don't recall any events about the sale. Does that matter? Will it affect my claim? I was self employed. Is that all I have to say or do I have to go into more detail why I think the PPI was mis-sold. I only have the credit card account number, not the PPI account details. Is that sufficient? 2. When calculating the interest for the PPI, what spreadsheet is the best to use? Is PPI the same as Credit Card claims? As in Compounded Interest? What interest rate would be charged? 3. Is there a Cover Letter template to use? Many thanks to you all for your advice. Vaz
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