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Everything posted by Bubble

  1. Thank you so much for your reply. I hadn't heard of the ICE - so that is really useful. Many thanks Abbey
  2. This might be stupid question but can an individual file a court claim against the CSA? Put briefly, I received regular payments from my ex until October 2007. Since then the payments have stopped although the CSA have confirmed that they have received payments from my ex in November and December. On numerous occasions they have assured me that they will process the payments but I have received nothing from them. What is making me really cross is that the CSA can offer no explanation as to why they have not sent the money and they have ignored my letters and emails. Several times I have been told that I will receive a telephone call back within 5 days but nobody has called me. Ggrrhh!!!! Any advice would be much appreciated.
  3. Thanks for that - it makes sense but a bit peeved I'll have to put up with an unreliable phone for a couple of months!!
  4. I had an 18 month contract with T-mobile which expired in November 2007. At that point I called them and asked for a ‘loyalty’ discount if I renewed my contract but didn’t upgrade my phone. They agreed to this and confirmed that I would be able to upgrade during my new contract but would lose my loyalty discount. I called them yesterday as my phone keeps freezing and I now want to upgrade but I was told that even the most basic phones would cost me a lot of money and I would also have to pay a £75 premium. I asked what the premium was for and was told, ‘Well, it’s like you pay insurance premiums’ (!!!???) I asked to speak to a Supervisor and was told that I would receive a call-back within 2 hours – this didn’t happen. Has anyone got any advice before I call in again as I would probably have upgraded my phone a year ago if I thought that I might now be in this position – i.e. tied into another 6 months of contract with a dodgy phone. Thank you
  5. Thanks for such a speedy response. I was just worried that I have written to a couple of crdit cards asking for copy of my CCA agreement and I signed the letter with my normal signature. Does this matter?
  6. I've seen on MSE that there are a number of different non-profit debt counselling services available CCCS National Debtline Citizens Advice Bureau Community Legal Advice Does anyone have any experience of these and are they all equally good or are one or two better than the others? Many thanks
  7. Hi I know I am being a bit lazy by not reading through all the threads, but just ina nutshell, why are digital signatures important?
  8. We have been advised by Debtline to open a new bank account as we start to negotiate with creditors. I was told that if you had a credit card with, say Halifax, and offered to pay less than the minimum payment, thehn Halifax could just take the rest of the money out of your current account. I know First Direct is part of HSBC, but how can we find out what banks are associated? Am I right in thinking that Halifax is part of RBS? Is Barclays linked with any other bank? Where could I find out this sort of information? Many thanks Bubble
  9. Many thanks for that. I have completed PE2 and PE3 and I think I can go to the County Court to get it witnessed. Hope this is right! I fel a bit calmer now - so thanks again!
  10. Can anyone advise? I have read through lots of threads but can't find anyone in the same situation. I have received a letter today from Collect Services Ltd stating that a Warrant of Execution has been issued because I owe £348.49 for an unpaid penalty charge - meter in penalty - on 15.12.06. I'm sure that I didn't receive this fine as, whenever I have received a parking ticket in the past, I have paid it immediately so that I only pay the lower rate. I have definitely not received any reminders or letters about this charge from either the local authority or any Court - this is honestly the first letter that has been sent!! However, in Dec 2006 I was due to move and changed my address on everything. The move fell through and I changed my address back to the original address (where I still live) so I suppose it is possible that letters went to astray (although no other letters did). Incidentally, I have received 2 or 3 other PCNs since Dec 2006 and have paid them immediately, online, through the council website - so, although there would have been no need to write to me about these charges, my address could have been easily checked. I have written to Collect Services and my local authority asking them both to send me copies of any correspondence that has been sent regardimg this charge - and I have also asked for a breakdown of how this charge is now nearly £350. What else should I do? Having read this forum do I need to complete a Statutory Declaration? What should I say in it? I have seen others advised to call TEC - do I need to do this? Please help!!!!!
  11. The 30th September was one of the dates to avoid that we had put on the AQ. We're back on 24th September. Good luck and let us know how you get on. Another report would be excellent! Bubble
  12. An excellent post and I can confirm it is totally accurate as I was there until 4.30pm. The judge was very down to earth and also very fair. Roger is right - although it is a formal process, the judge, in this instance, definitely had a sense of humour and, although I was there for 2.5 hours, it was pretty entertaining! I accompanied a friend of my daughter who is young and was incredibly nervous. Although I have helped lots of my kids' friends reclaim charges this was the first court hearing I had attended. When the session started I was frantically trying to suss it all out whilst reassuring my daughter's friend that there was nothing to worry about!! She begged me to speak on her behalf and that was fine (as we were virtually the last case and I had built up a bit of confidence!!) Incidentally, when her case was called the Barclays solicitor (who seemed quite nice, in the end) actually said that the bank simply 'hadn't got round to settling'! We were given a further date and have 'reserved costs' I believe the term is The solicitor told me that if my friend had to attend on the second date she would be able to claim costs for having attended last week. I'm trying to think who you might have been, Roger. I was the woman accompanying the young blond girl who looked like a supermodel!
  13. HELP!! I am bumping this up as we have a Court date - 25th July!! It is for a short allocations hearing but do I need to prepare/bring anything? There must be others that have been in this situation but I can't find them on this forum. Please can anyone offer some advice? A tad terrified now!!! Bubble
  14. Hi I am helping a friend reclaim charges from Abbey and it is proving to be an utter nightmare. Summary: 26.02.07 Initial S.A.R - (Subject Access Request) sent 12 months individual statements and 3 years of microfiche statements received 10.04.07 LBA (Data Protection Act) sent 27.04.07 Complaint sent to Information Commissioners Office 30.04.07 N1 claim filed 10.05.07 Claim ‘deemed served’ 10.05.07 Information Commissioners Office response received - our complaint will be sent in next ‘batch’ of complaints to Abbey at end May 29.05.07 Defence received from Abbey 20.06.07 Allocation questionnaire returned to Court The defence states (in paragraph 4) that Abbey denies it has failed to comply with the SAR as “all relevant data stored on the live system has been provided to the claimant”. The defence goes on to describe pieces of microfiche and storage boxes concluding that the remaining information we have requested is not the type of ‘data’ covered by the Act and the boxes are not a “relevant filing system”. Abbey’s defence look as though it is a standard one as in paragraph 14 it makes reference to the ‘Claimant’s claim for the refund of bank charges’ which we have not been able to even calculate yet! I thought this defence had been thrown out months ago. I have looked long and hard through the threads for anyone in a similar position…but… Is this case likely to go to Court? What should we do in the meantime to prepare? Has anyone else been in this situation recently? Please help!!!
  15. Thanks for your replies. So would my friend have to apply for the judgement to be ‘re-registered’ first and then apply for a warrant of execution? Is the fact that the registration has run out going to cause any problems, or is it fairly straight forward? Many thanks Bubble
  16. Hi – I hope someone can help with this! I am posting this question on behalf of a friend (as I am always banging on about how many knowledgeable people there are on here!) About 12 years ago, a man she knew owed her quite a lot of money (about £6K) and she took the case to court. The court issued a judgement and a charge was put on the guy’s house. My friend says that there were also other charges on the property and when the house was repossessed there was so little money ‘in the pot’ that she received nothing. My friend never knew what happened to him but, just recently, she was talking to an acquaintance who mentioned, in passing, that this guy was living locally as he had bought a house in the area two or three years ago (and not a cheap house, by the way). My friend has been trying to find out if it is possible to re-start her claim for the money, or whether too much time has lapsed. One source stated that as the court had made a judgement the ‘statute of limitations’ (I think it is !?) doesn’t apply. But then she read somewhere else that too much time has passed for her to be able to recover any of this money. The debt arose because she handed over a lot of money for building work but the work never started and the money was never seen again. Does anyone know anything about this?
  17. Hi Mogpeg I am helping a friend in a similar position to your mum and the Court told m the same thing. I then added £50 damages to the claim (time taken in reading and research, preparation of documents, etc) and sent the minimum fee of £30 with the N1. This was at the end of April and the claim seems to be progressing normally, i.e. no one has queried the fee yet. I have just returned the Allocation Questionnaire so we'll wait and see. Good luck Bubble
  18. Hi BGB Since I sent the crime reference number we haven't received any more calls, thank goodness!! A friend told me that the automated dialer puts the call through to a 'real person' when it is answered -apparently we hear a 'dead line' if there are no staff able to take the call, i.e. if it is medication time. I also noticed that the calls systematically varied week by week. One week my son would be on early call - from 8.30am including Saturdays and Sundays - the next week would be late turn and I could expect calls up to 8.45pm. Have just sent my complaint to the Financial Ombudsman Service so I will see what they say. Bubble
  19. Quick update!! Thanks to all the supportive posts I have received. They definitely gave me the confidence to 'brazen' it out! Yesterday the hotel deposited £100 in my current account!!! I am so pleased...but, I promise...I have learned my lesson! Thanks again Bubble
  20. My Court told me the fee would be £150 (as not a money claim). I added £50 damages (time researching, preparing, etc) to N1 and sent in £30 cheque for fee and this was accepted! Odd, I know and it may have been an over-sight, I suppose!
  21. Hi I have started this moan on an earlier thread but I wanted to start a new thread to keep my ‘Halifax harassment beef’ separate from the ‘charges’ saga. My son took out a £1000 loan with Halifax last June. He doesn’t receive a regular income and in January he incurred a late charge of £25. Although his monthly repayments are up-to-date, the charge now amounts to ‘arrears of £118.40’ because of telephone and letter charges and related additional interest. Between March and May Halifax made approximately 20 to 30 calls each week to my home telephone number. Although I didn’t log the calls at the time they were sometimes made up to 9pm in the evening and also very early on Saturday and Sunday mornings. Given that I also have a young daughter the sheer volume of these calls became intolerable and I asked that they stop. The calls continued and we sent a letter based on the BAG Telephone Harassment template on 20th April. The calls stopped for about a week and then started again. One Saturday evening the caller was so rude that I filled out a crime report online. A Police Officer called me a couple of days later, gave me a CAD number but told me that no further action would be taken. I wrote to Halifax, quoting the CAD number, and the calls have stopped again. In our letter sent on 20th April, ‘my son’ made a Subject Access Request for a log of all calls made (and answered) to his home telephone number. Halifax have informed my son, in writing, that he has incurred charges as a result of telephone calls made to him so I presume a record must be kept of these calls. Does anyone have any views on this? The likelihood of Halifax producing a record of the hundreds of calls they have made to my landline is probably as great as receiving an apology from them for the ‘distress’ caused as a result of these calls. Can Halifax charge for administrative costs if they don’t keep accurate records of the administration they carry out? I have also written to Trading Standards but have not yet heard back. I have to admit I am pretty hacked off at the attitude of the Police Officer I spoke to. I was told that the calls could not be considered a criminal offence. Me: “What, not under s.127 of the Communications Act 2007, after a written request NOT to call?” Response: “I don’t know that Act – but I’m telling you - it’s not a crime. It’s Halifax.” The nice man then gave me some helpful advice: a) change my phone number or b) ask Halifax not to call.
  22. Bathgatebuyer - Thank you for your reply and your support. Out of interest – have you managed to get your default removed? I did write to Halifax to say that I was surprised that a default would be registered when the account was in dispute. We have now received a letter to say that it is only a pre-default notice – apparently this has been issued because Halifax want to assist my son!!! Classic! After I reported the more recent calls to the police I received a phone call from an Officer who told me that the police would be classifying the call as a ‘crime-related incident’ and that they would ‘definitely not be taking further action’ – so not a lot of support there (perhaps they have HBOS shares!). I wrote to Halifax quoting the police CAD number and the calls have stopped again. I have filed a claim for a full refund of the charges as we received a “-*-* off response” to our LBA. However, I am particularly interested to see if the DPA Subject Access Request materialises with a log of all calls made to my home number. There have been so many that I am intrigued to see how Halifax will be able to provide an accurate log of the calls…but deny “harassment”! In response to your last query – my son was 18 years and 1 month when he applied for the loan. I don’t think lenders ‘have’ to check an applicant’s background but my belief is that a ‘responsible lender’ should make some attempt to ensure that the applicant is able to manage the repayments…or should that be the applicant’s mum?!
  23. God this is turning into a nightmare....and I hate Halifax more than ever.... Please can anyone advise: 1. Am I right in thinking that, as I have already asked for the unlawful charges to be returned, the loan account is 'in dispute' and a default notice can't be served until the dispute is resolved? 2. I have sent a Notice pursuant to s.10 of the DPA 1998 in the meantime - I hope this is right???? All the monthly instalments are up to date and paid regularly. The arrears are solely due to charges that have mounted up following one late payment charge of £25. 3. Although the telephone calls stopped between 26th April and 9th May, yesterday there were two calls. One caller (at 7.45pm) was very rude, would not let me speak to a supervisor or manager and then hung up on me!!! It's amazing really....Where on earth do they get these people from???? Anyway I was absolutely livid ... and I know I am going to regret this - but...I had used the harassment template letter which states: "Take further note that continued telephone calls after the receipt of a request not to call, may constitute a criminal offence under Section 127 of the Communications Act 2003". ...so I decided to report the rude call as a crime. I don't want to waste police time but I really feel this sort of intrusive and abusive phone call is totally unacceptable. Having written a formal request to Halifax to only communicate by letter, I stated in my online crime report that I was alarmed and distressed and harassed, etc. by the call which is in breach of the Wireless Telegraphy Act, etc. etc. I really am on a bit of a mission with this, I know, but I have sent off £10 and a SAR for the dates and times of all telephone calls made to my landline number. Halifax must have this information recorded as they have often charged my son £10 for the privilege of receiving a call from them. My question is - What do I do now?? If the calls continue do I press for a prosecution??? Will the police think I am wasting their time (and that I am a nutter!!!) Does anyone have any suggestions....please???? Bubble
  24. Thanks for the responses received. Following the lengthy letter I sent Halifax on 20th April 2007 all telephone calls from them ceased on 27th April - marvelous! BUT...my son received a Default Notice from them today (30th April) and the charges have risen fron £95.50 to £108.10. There has been no other correspondence from them so it is not clear what this additional £12.40 is for (interest perhaps?). I was intending to send an LBA on Friday but am not sure what to do now he has received this Notice. I feel partially responsible as these charges have accrued because I posted one instalment a few days late. On the other hand, although I have sent all the other payments on time, I have rarely received the cash on time from silly son. I do realise that I am not really helping my son take responsiblity for his finances, but I don't want him to have an awful credit history so I am now wondering if I should pay the arrears and then continue to reclaim the charges as planned. The default notice is purely due to the one payment that was one week late. Any ideas or advice, please.... Mamny thanks Bubble
  25. Hi I am helping a friend reclaim charges from Abbey. I have been searching for days to see who has filed a claim for non-compliance with the Data Protection Act and although I have seen the helpful N1 particulars of claim template (thank you abercromby!) I haven’t found any outcomes. We wrote the initial S.A.R - (Subject Access Request) letter on 26th Feb and enclosed £10 fee (which was promptly cashed). We have received the copies of statements for the past 12 months and 3 years ‘archived transactions’ but despite numerous phone calls, nothing else. We sent an LBA on 10th April giving a further 7 days and have also filed a complaint with the Information Commissioners Office (although have yet to receive a reply). I have now completed a N1 using abercromby’s template. I phoned the Court and they said the fee would be £150 as it is a non-money claim. I am helping a lot of friends and acquaintances reclaim unfair charges but this is the first time I have done this – if anyone has any experience or advice I would be grateful if you could let me know. Bubble
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