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Tom & Luster

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  1. My friend does not get paid when he is off sick for 1 day, is this right? He has been with this company for nearly 3 years.
  2. Do you think not sending a Letter Before Action, sending the claim to the incorrect address, entering the incorrect postcode in the defendent address box on the application would be reason enough to get it struck out?
  3. It won't allow me to attach a word document. I guess without the details - I have a default from high OD fees. Can I get it removed and/or reclaim the OD fees from 2011?
  4. I opened a current account with Santander at the end of 2010. At this point I was working and managing my bills ok. It all went down hill from there!!On the 17th Jan 2011, I had a balance of £800. To make things easier I will now copy details direct from my statements, a list of letters between myself and Santnder, followed by my dialema and questions.Transactions 18th Jan 2011 to 13th July 2011----------------------------------------------------------------------Date Description Money in Money out £Balance18 Jan Balance bought forward 800.6819th Jan Card Payment (Orange mobile) on 17-01-2011 350 450.6819th Jan Card Payment (Insurance) on 17-01-2011 395 55.6820th Jan Direct Debit (Council tax No 0001) 200 -144.3220th Jan Direct Debit (Reversal Council tax) 200 55.682nd Feb Cash withdrawal 50 5.688th Feb Unpaid direct debit No 0001 for 100.00 was not paid because there was not enough money in your account (think this was from previous month) 35 -29.3217th Feb -29.3210th Mar Unarranged overdraft monthly fee 25.00 -54.3210th Mar Unpaid direct debit No 0001 for 200.00 was not paid because there was not enough money in your account 35 -89.3216th Mar -89.3217th Mar -89.327th Apr Unarranged overdraft fee 25 -114.327th Apr Unarranged overdraft interest 0.37 -114.6918th Apr -114.6919th Apr -114.6910th May Daily unarranged overdraft fee 100 -214.6916th May -214.6917th May -214.697th June Daily unarranged overdraft fee 100 -314.6916th Jun -314.6913 Jul I closed the account and at this point had to pay £414.69 so I guess they had added another £100 daily unarranged overdraft fee.So thats the details on the statement. Here is list of letters:14/04/11From their collections & recoveries asking for £114.6923/04/11From their collections & recoveries asking for £114.6912/05/11From their collections & recoveries asking for £214.6924/05/11From their collections & recoveries asking for £214.6924/05/11 I write to them explaining I was in financial difficulty and will pay soon08/06/11They reply acknowledging my letter13/06/11From their collections & recoveries asking for £314.69 and threatning defaultUndatedLetter saying a default was added 15/06/1122/06/11From their collections & recoveries asking for £314.6930/06/11From their collections & recoveries asking for £314.6911/07/11Debt Management & Recovery Services instructed to recover £414.69During this time I tried to closed the account a couple of times but was told this was not possible and I would have to pay the balance to do so. Not having the money at that point I was unable to do so and obviously the amount increased further making it even more difficult for me to close. I was by this time out of work and struggling. On 13 July 11 I went in to the branch and closed the account with a cash payment.Questions:Is there anything I can do, as I feel the OD fees were too high and caused me to go further into debt?How can remove the default/late payment marks on my credit report?Is it too late to claim unfair overdraft fees like people were doing a few years ago?I don't want to start any action untill I here in case I do the wrong thing. P.S. I opened the account in branch and did not know the OD fees were so high or I would have run a mile....
  5. I know really frustrating - It was formatted perfect but when I submitted it it just went like a that. If I write it again in word then copy that into the box will the formatting be lost? not sure whatelse to do
  6. I have now received a copy of the original money claim. The address of the defendant (me) at the top of the page to the left was correct apart from the last letter of the post code. The address in the box at the bottom where it says address to send correspondence, was typed and had the correct address but an entirely different name for the road. By the way my ex-wife lived at this address for 8 years! The court have since told me the original claim was returned to them with 'no such address' on the envolope. Also, I never received any letter giving notice of this claim either and am sure I have a really good chance of defending the actual claim itself. Like as was my first thought - she delibratly did not send the first letter, letting me know she was going to make a claim and what it was for. And delibratly wrote the wrong adddress - knowing I would not get any letters, just a knock on the door from the collections men (who we all know don't want to listen just want payment). I have applied to have it set aside and am sure this will happen but my questions are these:Is this either a crime or a missuse of the court system? Can I have the case dismissed? as she did not follow proceedures i.e. pre court protacalIf the case is dismissed is she allowed to re-open it following the correct process?She will of course deny not sending the pre-court letter, as she has done so many times before during our long drawn out divorce now 4 years ago which included harrasment by her and all sorts of issues. Finallay do you know if there are insurance policies out there to protect myself from someone who may make faulse claims/accusations which could and did in the past end up in long court cases-all of which I won in the end but were time consumming and costly...
  7. I opened a current account with Santander at the end of 2010. At this point I was working and managing my bills ok. It all went down hill from there!!On the 17th Jan 2011, I had a balance of £800. To make things easier I will now copy details direct from my statements, a list of letters between myself and Santnder, followed by my dialema and questions.Transactions 18th Jan 2011 to 13th July 2011----------------------------------------------------------------------Date Description Money in Money out £Balance18 Jan Balance bought forward 800.6819th Jan Card Payment (Orange mobile) on 17-01-2011 350 450.6819th Jan Card Payment (Insurance) on 17-01-2011 395 55.6820th Jan Direct Debit (Council tax No 0001) 200 -144.3220th Jan Direct Debit (Reversal Council tax) 200 55.682nd Feb Cash withdrawal 50 5.688th Feb Unpaid direct debit No 0001 for 100.00 was not paid because there was not enough money in your account (think this was from previous month) 35 -29.3217th Feb -29.3210th Mar Unarranged overdraft monthly fee 25.00 -54.3210th Mar Unpaid direct debit No 0001 for 200.00 was not paid because there was not enough money in your account 35 -89.3216th Mar -89.3217th Mar -89.327th Apr Unarranged overdraft fee 25 -114.327th Apr Unarranged overdraft interest 0.37 -114.6918th Apr -114.6919th Apr -114.6910th May Daily unarranged overdraft fee 100 -214.6916th May -214.6917th May -214.697th June Daily unarranged overdraft fee 100 -314.6916th Jun -314.6913 Jul I closed the account and at this point had to pay £414.69 so I guess they had added another £100 daily unarranged overdraft fee.So thats the details on the statement. Here is list of letters:14/04/11From their collections & recoveries asking for £114.6923/04/11From their collections & recoveries asking for £114.6912/05/11From their collections & recoveries asking for £214.6924/05/11From their collections & recoveries asking for £214.6924/05/11 I write to them explaining I was in financial difficulty and will pay soon08/06/11They reply acknowledging my letter13/06/11From their collections & recoveries asking for £314.69 and threatning defaultUndatedLetter saying a default was added 15/06/1122/06/11From their collections & recoveries asking for £314.6930/06/11From their collections & recoveries asking for £314.6911/07/11Debt Management & Recovery Services instructed to recover £414.69During this time I tried to closed the account a couple of times but was told this was not possible and I would have to pay the balance to do so. Not having the money at that point I was unable to do so and obviously the amount increased further making it even more difficult for me to close. I was by this time out of work and struggling. On 13 July 11 I went in to the branch and closed the account with a cash payment.Questions:Is there anything I can do, as I feel the OD fees were too high and caused me to go further into debt?How can remove the default/late payment marks on my credit report?Is it too late to claim unfair overdraft fees like people were doing a few years ago?I don't want to start any action untill I here in case I do the wrong thing. P.S. I opened the account in branch and did not know the OD fees were so high or I would have run a mile....
  8. I won't know what she is claiming for until I recieve a copy of the original claim but the financial side of our divorce was settled years ago now and there is nothing that I can think of that could possibly amount to £30 let alone £30k. I should find out soon as I have requested a copy but in the mean time I was wondering if it was a crime to make a completely fabricated claim up in order to affect someones credit
  9. I am one of the few lucky men that got custody of their children. After some time, I managed to start receiving payments for my son from my ex wife, via the CSA. At first my ex wife did not supply the CSA with wage slips and lied about her income and so they went direct to her employer. That was about 5 years ago and I have recieved regular payments ever since, with no increase. My wife was and still is an estate agent. As anyone knows, the housing market has picked up and so too would her commission based wages. I called the CSA in 2011 and asked them to review the claim, as her wages had increased. They called her and I was told by the CSA that she had said her wages were the same as before. Knowing this was untrue I continued to press the CSA for a review. After many more attempts and months later, I believe it has now be done. I have been told by the CSA that they have requested payslips direct from her head office and they have since been recived and are with the checking off department before the new statement of amount is sent to me. I know I can request for the payments to be back dated to the time when I first asked the case to be reviewed but I also know this may be a battle. My question is: Can I take this to the small claims court independantly of the CSA? If so how do I do this and what do I need to proove my case.
  10. I recently received a letter containing a Judgment for Claimant (in default). The envolope which it arrived in had the correct door number, town and post code but a completly different road. I am not sure how the letter found its way to my home with the incorrect address, as the sorting office asured me it would have been returned to sender, however, I beleive it may just be that the postman was familiar with the names at my address and posted anyway. Even so, I am also puzzled as to why I did not receive any documents in the run up to the hearing, which seems to have lead to the CCJ. I have applied to the court to have the judgment set aside on the grounds that I did not receive the origial claim and asked for the court to send copies of all the documents relating to the case. I also called the court to ask further questions and although they were unwilling to give me any further details of the case over the phone, the admin assistant did not bring in to question the name of my road when asked to confirm my address - leading me to believe the road they have on file is my correct road. At first I thought my ex wife had delibrately used a different address to prevent me from responding in time and so knowling causing me to be issued with a CCJ. She would know this would affect my chances of getting a mortgage and it just so happens that the application was made around the same time my wife saw me painting my house preparing it for sale. If the court do hold my correct address on file then it is unbeleivale that the first couple of letters did not make their way to my address. If the address held at the court contains the incorrect road name then this seems odd that the assistant did not mention this on the phone. Apart from the mystery of the address, the amount my wife is claiming for is £30k plus £600 costs!!!! A huge amount... for which I have no idea. My ex wife does have a contection at the local sorting office (cousin) so I have bore this in mind too. My questions are: If my wife has knowingly made a false claim for money that was never owed, is this a crime? If I can prove she delibraely wrote the incorrect address, would this be proof enough to proove she knew I would never recieve the original claim form. If so is this a crime? If so what can I do about it?Can she put in costs i.e.£600 if she never used legal help?(she also has a legal secretary friend) Is what she may have done an abuse of the court system? If yes could I claim against her for the time and stress caused dealing with it. P.S. as soon as I receive a copy of what the claim is for, I will update this thread.
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