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Everything posted by scousebird

  1. Thx. I will have to get copy of finance agreement. At no point over nearly 3 years have solicitors ever advised of any additional charges so if they are entitled to add on I am hoping that there are rules about regular statements %rates applied etc. Which they haven't complied with. Thanks again everyone.
  2. Thanks cant get link to work. However if they can are they meant to notify me every 6 months of %rate and charges to date? (Never been mentioned in any communications) Also response they gave when challenged was more about my payments (as per court order) were late in month. Didn't quote law or court order. Thx .
  3. Had a loan for shop equipment. Defaulted. business closed. Formal letter received advising of arrears and loan/account in default etc. Ccj obtained and monthly payment made. Secured on house. Solicitors acting, usually communicated by email and every 6mths asked for payment review as was their right. Order allowed for up or downward. On one occasion I asked for 3 month half payment which was granted and then reverted back to normal amount. Their usual emails advised of money paid so far off the court order and excessive time it would take to pay off debt and this wasn't fair to their client and I needed to increase payment or they would go back to court. My replies where that I was paying and that court would not look favourably at their threats to which they normally said carry on paying. I have not missed a payment but acknowledge they were usually late. Meant to be 15th of month but due to how I was paid and tight finances usually month end. That said I never missed and had advised via email that my payments would be month end. So crux of this query! Asked for a settlement and they have added extra interest based on a daily rate. I don't recall order advising they could do that. And at no time in their emails to me have they ever informed me of their intention to do this or provide a balance which referred to additional interest being added or % rate charged. When challenged they said they could as I have made late payments. Can I object or just bite the bullet? Ccj was for 5.5k approx and I recall it had interest and fees included at the time. Thanks.
  4. Thx martin2006 (and bazooka boo but too late!) i have written saying i consider acc in dispute as cca never complied with and enc copy original letters. so will wait and see. Hopefully bazooka boo you are right that they have nothing. thx.
  5. hi dx100uk the card was started in 2005. definitely no ppi as i was self employed at the time so knew it would not pay out. whilst i acknowledge its justifiable for them to want an i&e - i think asking for pay slips and proof of debts is too much? thx.
  6. great thanks. i will enclose copy letters, that asked for the CCA info and then reiterated that they had not complied and was in dispute. im hoping/thinking that for them to offer 50% discounts means they are either feeling generous or maybe dont have all docs?!?
  7. barclaycard opened 2003. defaulted dec 2012. cca to mercers jan 2013. mdka then sent statement of account dec 2014. as earlier posts i have never had compliant paperwork. robinson way then sent me an offer of 50% feb 2016. another letter april 16 saying they see i have activity which shows improved credit status [i wish.... my status is shot.] i am about to respond this time to robinsons. should i just refer them back to my original cca request to mercers? any thoughts. many thanks.
  8. Wrote to advise of financial difficulties. Have been paying min payment for last 3 yr due to other debts. They actually didnt renew my card when due 2yrs ago so they obviously not happy to extend credit. Have now defaulted (3mths) and advised will only pay £1pm. Also asked them to look at fact that interest etc over 3yrs is majority of debt. In light of this would they look to reduce debt accordingly. they have replied saying may consider my offer but need i&e. Gesture of gw have refunded x3 late payment fee and x1 returned payment fee. charges and interest are in line with my credit agreement they state. no PPI. they have asked me to provide i&e plus bank statements and payslips plus proof of other debts..... They know i have debts as they didnt renew my card due to credit history being shot! How much info are they entitled too? Any thoughts? Worth haggling over trying to get balance reduced due to their extortionate rates? Debt about £400. I didnt ask for cca as didnt think apply to store cards. Thx in advance.
  9. As the mum of a jnr doctor.... i support the strike. After 5 yrs study and the expense of student loans (not for booze filled weekends... but basic study and living costs) there will be at least another 4 yrs studying whilst working. It isnt all about fair pay for hours worked (which in her first year usually meant her 8-5 shift was actually 7-10) just a safer working regime for staff and patients.
  10. Well its worth a try. Technically hardup for over 3yrs but can certainly substantiate for last 2.. as my mortgage is with them and had reduced payments interest only etc so they are aware.... plus a loan thats defaulted and no payments for 3 yrs.... I would be happy if they go back 3yrs as would pay off o/d !!! Thanks.
  11. @bazooka boo sorry to hijack.... but can you advise how its ok to reclaim fees? Similar situation. O/d £3500. Halifax charges average 100pm based on their account terms ie daily rate. I have self managed debt plans but need to tackle halifax as cant afford these fees. Am about to ask them to freeze charges but didnt think could ask for refund as well as these are their t&cs for having account.? Thx.
  12. As a person who lives next doot to someone who has at least 3 dogs living outside and numerous inside who bark and howl daily.... plus use a chain saw regularly for wood cutting ! Noise can become an issue when you feel nothing can be done. therefore if i had a neighbour who only made noise like you do twice a week i would be grateful! That said. You referred to a 'parish' council? First off they have limited powers as such and probably wont get involved. At most would refer the neighbour to city/county council. Even if noise was then found to be above level you would be requested to refrain between certain time frames (assuming it got that far. Especially as you appear to be sensible when doing it and your own records will show that plus other properties noise activity!) Bonfires do havw different rules but again you use an incinerator (again sensibly and recorded!)and if you are in an area where logs fires are allowed how can it be objected too. i think the issue here is purely an elderly neighbours expectation and it may never be resolved. i wouldnt be writing notes as it would probably be used against you at some point.... i would call personally to advise that you dont want to fall out and as you need to cut logs regularly is there a preferable time? And maybe 1hr max? (Being elderly they may sleep in afternoon for example) he may go with this but if he is as you describe then nothing will appease him. You may have to just do as you do. Keep records. And wait for any official route he may take. Then if its a noise query you can respond with your own records which will show your consideration and his own unreasonableness.
  13. Well it all sounds promising.... i would be inclined to strike whilst the irons hot and make the first payment. that way you show willing and they cant refuse to take it.... any back dated credit will go off the arrears first. one you up and running you could also try to get bailiff charges removed/reduced but you.may be glad to just run with it as is! All the best.
  14. Under 2 years you have limited/almost no protection. I think though there is the fact that you do have your own disability should make them extra careful with regards to how they follow this through to ensure they dont leave themselves open to any discrimination backlash. your leave was for emergencies (so could be taken from holiday entitlement) so not really a sickness issue to reflect on your reliability for work. Potentially they could offer to extend your probationary period..... get everything in writing and if you havent had a copy of their employers handbook/t&c's outlining the probationary and disciplinary process then you have a right to see one. If you dont have a work rep to help you then especially due to your condition you can bring outside help to attend any formal meetings. (Always good to have a witness). If there is a union join it now..... they cant help once you are in discussions.... they have to be involved at the start. As andydubb said above get everything in writing. Also keep notes of any verbal 'threats' your manager makes if you feel its personal as his actions may need to be reported higher up if possible especially if you need to defend any negative outcome. Good luck.
  15. Not sure of scottish law... but a council has a duty of care for any agents that it appoints and are consequently responsible for their actions especially if unreasonable or threatening. i would be inclined to write to council to back up your recent offef which has been accepted and advise them of the stress and unreasonablness of their agent and that going forward you wish to deal only with them directly. Stress the recent unhelpful events and your offers to pay etc. i would also then send agents a copy of said letter along with a covering note confirming that you will be dealing dirdct with council and will not be liable for any additional fees etc they try to impose going forward and any further attempts to collect will be referred back to the council. Meant to add..... i had similar situation (uk) and council were helpful. if they push for court or have even proceeded then all written communications will back up your attempts to resolve and show that agents have been unreasonable.... . which hopefully support your defence. good luck.
  16. Similar happened to me. Traffic jam motorway. Hgv foot slipped off clutch. Rear ended me. He admitted it and wrote his details down as i was shaking. fast forward.... his company denied being there. Till i produced paper he wrote on. They then said i must have rolled back... as he rolled foward! Flat road. They pushed 50/50 all time and i blame sols... large co who used legal clerks and its just a numbers game. Eventually i had to give in although willing to go to court... as they withdrew financial/legal cost backing so couldnt afford risk. My advise is stick it out but get a specialist solicitor.
  17. Thx all for input. i will let sleeping dogs lie for now! In six months if they push again i will refer them to the order and the advised review interval period of 12mths. I didnt want to quote too much in my initial letter so not to get their backs up. In fairness this is the first time they have had a full i&e as even the court hearing wasnt as thorough when i offered payment so they probably got a shock when i proved ive got no £.
  18. Update. Sent i&e which showed deficit funds. Didnt say house for sale but that their client was secure due to ccj. As per terms of court order for review (up or down) I wasnt able to offer more but conversely so i wasnt asking to reduce payments either. They have replied saying will look to review again in 6mths. so bit of breathing space. thx all for advice.
  19. Ccj is secured on the house. Isnt that the same as a charging order? But i wont say house up for sale. Thx
  20. Thank you all. i did think they would need to go back to court for any formal changes.... ie speedier settlement especially if i had advised i was unable to incease payments. also by asking me to agree it was unreasonable for their client to wait so long! Im happy my figures show i cant increase.... should i mention im trying to sell house.... could they try to force a sale? My understanding is they could only push for this if i wasnt paying?
  21. Ccj. 6k. £50 Monthly Payments agreed in court order with reviews annually; with wording that no guaranteed increase/decrease at review. 1st review left payment as is. Now 2nd annual review solicitors have asked for proposals and said they think it unreasonable their client should have to wait another 8 years... .. they hope i agree and they wait my offer to settle more quickly. I am happy that if i provide i&e it will show no more disposable income.... plus i have other debts. Just wondering how far they can push...... My house is up for sale 2yrs. Price drop twice. One offer recently but they pulled out. Should i advise them of my attempts to sell when outlining my inability to pay anymore.
  22. Similar situation with rossendales who were less than polite. Long story short i wrote to council advising them that i would not be responsible for any charges incurred by rossendales as they were threatening and abusive and that the council have a duty of care for who they employ as their 'agent'. Said i would only deal with the council direct. i would suggest that in the interim of getting a final balance you agree an interim payment plan to show willing. my council were helpful but i think this was i said they had duty of care! i also wrote to rossendales and told them i was dealing direct with the council and that i was advising them of their inappropriate behaviour (recorded delivery!)and they were to cease action. Quote who you are dealing with at the council to add weight to your statement. Hope that helps.
  23. Defo want it to end. but they are reserving right to start a new claim. waiting for cca info.
  24. Andy its not over by any means. just postponed..... they have still to respond to cca request. I argued they shouldnt have issued a claim whilst in dispute. Tbh was gearing up to ack claim as wasnt convinced they would/had sent discomtinue order.
  25. Just to confirm court have confirmed claim discontinued.... court sent me email as well to back up telcon but advised the claimant should also notify me. Glad that i have a breather.
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