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About D1ngle

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  1. Thanks all I think the supplement is basically the full payment. I can’t believe their behaviour. Literally turned nasty. Wife is in bits. The way and language they are demanding the full payment makes loan sharks look passive! As said I was going to pay it all as a goodwill and “hey we’re friends” but the way they are demanding makes me think that they can just go and cancel the hotel and rebook for a budget they can afford without my wife. I just wasn’t sure if there is any “loss” since they can cancel the hotel.
  2. Hi All Unsure if you can help and if this is the right section, but any advice appreciated. I have seen similar posts when I googled but not one exactly like it. My wife agreed to go on holiday with 3 friends (a family) staying in 2 rooms but cannot make it. She has agreed to pay them for the flight which is non refundable but the hotel is refundable up to the night before the stay. It’s around £460 pp for 5 days. My wife cancelling means the other single will have to pay a room supplement at that hotel. They have 3 weeks before they were due to go. As soon as my wife told her “friends” she couldn’t go they immediately they went off the handle and started threatening small claims before she even mentioned paying or not. At first I was saying “just pay it all”, but looking at some of these aggressive texts and now constant phone calls I’d rather not pay. What is everyone’s opinion on the hotel? It’s as much the moral as legal situation I am looking for. This feels like something out of Jeremy Kyle, very petty and quite embarrassing. Thanks D
  3. Thanks. I don’t think there is much we can do. It’s actually a Common [problem]. I checked on line. Basically fraudsters look for builders Emails and know they’re not that tech savvy and payments is pretty basic. They then monitor the comms on that email and then jump in with a spoofed email half way through so you think you’re talking to the same person when it’s not.
  4. Hi All Really appreciate your help on this. I have googled and I don't think there is anything we can do, but thought I'd check here. My mother had a quote for £2700 for some building work. She Emailed the builder and he set a date to start work. She had a reply saying it was confirmed etc. They sent numerous communications. Then she had a reply from the builder on a fake Email address that looked just like his asking for £900 payment to secure the date. She checked his references etc and it all seemed okay. 2 weeks later the builder called her asking for payment to get the scaffolding started. Obviously she thought she had paid. She hadn't. The bank investigated and the fraudulent account now has no money in it so they say she has lost it and it she was at fault. I told her to ask the bank in writing how long the account was open, how many frauds occurred and when was the first one. I heard you can complain based on the bank not closing the fake account in a timely manner. Anything else you would recommend? Thanks D
  5. Okay, thanks. I've just been quickly reading up and from what I can see I can only claim the charges and not the overdraft fee (due to the 2009 case)? If I went back 10yrs and could charge for the arranged fees then I'd definitely have a lot. I was always overdrawn by the end of the month. I'll SAR this week. I run through the SAR and basically pull out all of the charges and interest fee lines and add them up?
  6. Thanks all. Seems unanimous! I have SAR'd the bank in the past and claimed back agains the CC. I didn't realise I could reclaim fees and interest on the OD. I'll google that. There will be a lot I lived in an agreed £5k overdraft for 3-5yrs. That would have been several hundreds per year. I think it used to be £1 a day up to £1500 and £3 over £1500. Something like that. Should I SAR now or ignore it and then SAR if they try to take me to court? I assume if they attempt court I could then go and SAR and calculate the fees? Thanks D
  7. Hi All Lowells have just offered me 50% off a £5k debt on an overdraft from 5yrs ago. I have a letter and also on their system it shows the 50%. I can pay either in full or in part by Direct debit. Are overdrafts harder to defend due to not needing a CCA? Or os the opposite true and it's harder for them to go to court with? They say this won't remove the full debt from my file. This is what they say: Note: If this account is on your credit file and you opt to pay the 'Discounted Balance' your credit file will be updated to show as 'Partially Satisfied' once your payment plan is successfully completed. If you choose to pay the Full Balance your credit file will be updated to show as 'Satisfied'. It may take up to 50 days for your credit file to be updated. If you do not maintain your payment plan, your discount will be removed. I am leaning toward accepting this if I can pay by DD in affordable amounts and with no interest. However, if I pay by DD it seems open to Lowell changing the terms mid way through. Am I correct in this concern? Based on reading here, most cases are mainly based on F&F payments not DD, but I assume I need to write letters and get it in writing that they confirm if I start payments via DD then it will be full and final "settled" on my credit file when the debt is repaid? Any other advice before I enter into communication on this? Lowell had 2 debts of mine from this bank. One CC and one overdraft. The CC has been cancelled due to no CCA. I actually had a loan from the same bank which was meant to consolidate the overdraft and CC. The bank gave me the loan based on them cancelling the CC and overdraft. They said it was a requirement for approval of the loan from the underwriter. They did neither and I crept back into debt with both. Thanks again all. D
  8. D1ngle

    HMRC debt - 15yrs old

    Spoke to soon! They replied yesterday and sent me a large pack (although not as large I, I would expect for 17yrs worth). I am working my way through, but it seems just a series of financial statements. Is this normal and what they should have sent i.e. no context? From what I can see it is my employer, my tax code, then statement. Repeat for each employer and year. Nothing saying about how they got the total amount. Nothing I can see explaining about the initial £5k CCJ. Just a statement saying I owed it. Any key areas I should look for now and next steps? Thanks D
  9. D1ngle

    HMRC debt - 15yrs old

    Hi All Quick update. They still haven’t responded to the SAR, but have chased payment for a £100 fine for late payment of single year that is in dispute. Should I remind them on the SAR? I have called and sent past letters stating I was waiting for the SAR and getting advice. They told me my account was on hold on the phone. Thanks D
  10. If I did it again and had more time I would try to ask for the Tomlin on a much reduced overall amount before we got to court (assuming they had all the info that meant I would likely lose in court). In my case because the DCA had already paid for the solicitor to attend and they had all the info they needed by this point so they were less flexible with me. I had tried to ask for 50% total and they did go and check if acceptable so this probably wasn't out of the realm of possibility if done earlier. Unsure if other more experienced people agree with this approach.
  11. Yes. Mine was a bit dodgy from the debt collector and the judge didn't like their behaviour and since the judge has to agree the order she broke the session to get more answers from the DC before agreeing to it. On the letter that was backdated (that I received last week) the DC suggested to pay the whole amount or a Tomlin. I called the DC the day before the trial to discuss options, but they basically said "pay in full is the only option or you can ask the judge for a Tomlin". Then on the day of trial I called again and the DC added £210 for the solicitor and again said "pay in full". The solicitor arrived and discussed options with me. I accepted a Tomlin, but when we got in front of the judge she wasn't happy. I don't know if I'd have won and not had a CCJ, but she was questioning how they got to the final figure and the fees. She wasn't happy about me not getting the info. The DC was trying to say I had acted unreasonably by not responding (and so could add the extra charges) and saying I could have still settled a day earlier, but the judge was having none of it saying that payment in full wasn't a reasonable offer. I think the judge basically alluded that due to the 4-5yrs it took them before any attempt of action, the late sending of info and the fact I hadn't been given enough time to negotiate she would have removed all extra fees and probably have discounted some damages to me. This is when the judge and solicitor were going at it. To be fair the solicitor knew his stuff and did argue around the difference of CPR and SAR legislation etc. I don't know what would have happened if I tried to defend it. Like I say, they had the info they needed, but they provided it at really ;ate notice. I don;'t know if this would have been enough for the judge not to award in their favour.
  12. My problem was that my defence relied on them having not responded to my CCA or with the info I would have required to reasonably accept that I owed the debt and for that amount (and is legally required under CCA). They supplied the info I was saying I didn’t have in my defence at last minute. This meant I either went infront of the judge and argued they acted unreasonably but in reality they had the info they needed to probably get the CCJ. With the Tomlin I keep the CCJ off my record, they can’t just change terms on me and it’s a very affordable rate.
  13. Thanks Andy, yeah manageable, I don't have to worry about them changing terms on me and I learnt a lot. Especially when the judge and solicitor were going at each other quoting parts of CCA, CPR and SAR/Data legislation. I'm sure they'll be a next time... Thanks to everyone for the responses.
  14. Over. Accepted a Tomlin order. Judge was not impressed they were so late with returning data, but pretty much alluded she would have had to award CCJ.
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