Hi Sparkles,

How did it go today with your friend of a friend?

Any advice for us?

Hi popeye & wednesday,

Thank you for your support. as I said, I need to see it in writing first...........But I am very pleased.

I would either call in to my local court or phone them. They are very helpfull in my experience and if you explain what you want to do they will advise you accordingly.

Keep posting to update your thread so that you can get help each step of the way.

Hi Paul,

No problem....you have been fantastic and verrrrrrrrrry busy!

It is a great relief and from your quick response I can see that your are watching and following all you can.

I will wait and see what the letter brings first and I will post any updates. We now have to decide on what action to take as regard stopping the DMP and taking control finally of our lives again! But rest assured we are alot more capable thanks to CAG!

Don't mean I wont be asking you for advice again though!

THANK YOU! THANK YOU! THANK YOU! Phone call today from CL's solicitors........They are going to discontinue proceedings!

Now I know I will have to wait for writen confirmation and until I get a letter from the court, assume it could be a ploy to get me to not turn up (not that I,m suspicious:D) but on the face of it........RESULT!!

I could not have argued this claim without all the input and knowledge I have recieved and I thank you all again.

Firstly, he explianed what the case had been about (as if I did'nt Know) and said that having reviewed the file and contacted hsbc who confirmed that the account had been closed and therefore they would not be continuing OR re-starting a claim for the managed loan account! (as long as I kept making payments through a third party (DMP).

I said that it was obvious from the phone call that they would not win at court and therefore as they cannot enforce the debt I would way up my options and take advice before commenting regarding any balance. He then re-iterated that I knew there was a debt to pay and repeated that as long as I kept paying they would take no further action.

Asked him what action they would take as they obvoiusly can't enforce the debt..............He just repeated the statment. So I thanked him and said I'd look forward to recieving confirmation.

What we'll do when we get it depends on the way its worded but on the face of it.......................another little victory for us all!

Thanks again,

scampjet.

Hi chinchilla,

I would word it something like this, but as long as you get your message across its fine:

Further to my letters of the 21st May ,3rd June and 20th June (copies enclosed)

In my letter of the 21st May, I confirmed to you that I would be accepting the payment offered by yourselves in your letter of the 8th May totaling £895.41 in full and final settlement in this matter. To date I have not received any response from you.

having agreed to your offer, I naturally expected to recieve your remittance by return as you had not specified a time scale.Please be informed that your lack of response has promted me to prepare a complaint to

the Financial Services Authority and the Financial Ombudsman

I may also consider lodging a complaint with trading standards with a full transcript of your actions to date. Furthermore, should your payment or confirmation of payment date is not be forthcoming within 7 days of your recpept of this letter, I shall consider filing a claim at my local county court in order to seek closure to this matter. You will be aware that the agreement I signed remains invalid until such time as payment is recieved and as such, should I be forced to proceed to court with this dispute, additional costs representing further expenditure and time will will also be reclaimed.

I look forward to hearing from you as a matter of great urgency.

Hi wellboy,

If you need any help with a particular problem, start a thread in the appropriated section and ask! someone will post to try to help and point you in the right direction.

welcome to CAG!

I am assuming there is no unions involved here and a small firm?

I would suggest the softly softly approach first though and not just threaten to leave.. but if theres no loyalty from the boss....I think I would up sticks anyway.

On another subject....you say you have debts.

Have a good read around CAG and at similar threads to your own circumstances. With a bit of luck you may not need a pay rise;)

Have you calculated your totals on the spreadsheets?

You need to be clear what you are claiming for beforehand.

Hi irishpoppy,

There will be other replies also but for what its worth I will offer you my thoughts on it.

I have been in a similar situation myself so can imagine how he feels.

If he has done his best and has a good record with this job I see no reason why he too should not be rewarded.

I would write a personal letter to the boss outlining that I was feeling undervalued and overlooked. I would also apply for another job so that a reference would be requested off him. If he is any sort of employer he will consider a couple of quid as opposed to the loss of a reliable worker and give your partner a raise. If not....then I wouldn,t be able to carry on working there anyway. If everyone else has had a raise, then I would agree it would seem to be discrimination.....I would also be tempted to ask the reason I had been overlooked.

Bump

write to them requesting that they honour thier part of the agreement and specifiy that it was signed on condition the money was paid by return. Tell them

that as you have not recieved your payment as per the agreement, you are considering a claim for this money at court. Unfortunately, filing a claim against them may be the only way.

Hi princesszing,

These pages should help you with the answer,

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/61081-ppi-some-notes-claimants.html

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/

Unless you already have the information prior to the six years, you may not gain much ground with this period. I believe it is only six years that they have to supply However, if you go through this info and tot up the charges etc in one of the spreadsheets with interest, you may be pleasantly surprised at the total;).

did they send a settlement agreement for you to return.

Is there a balance owing on the account and are you still paying them anything by arrangment?

Your grandson will be restricted in the grouping of cars he is covered to drive. The cost is born by the motorbility people but only upto the level of your entitilement. Insurance on ANY 17 year name is expensive and all new drivers have to pay very high premiums. The other thing is I believe, (you would need to check this out) that the whole motorbility package is set up for you and may not include provision for the personal use of a third party, only for errands/transport for yourself. your grandson may need to be insured in his own right for his own use. If you go and have a chat to a motorbility car dealer, they should be able to put you straight.

I will be corrected if I am wrong but if you did not make a file a court claim then the account is disputed on a personal level only and so there is nothing to stop the bank from passing on your account. If you make the claim it will be stayed and as such held in dispute.

As they have now sold the remainder of the debt on you will need to send CCA request to the new company for a copy of your credit agreement. However, if you have already recieved a copy of this or notice of assignment giving full details of the account with correct numbers etc. You will probably have to make an arrangment to pay. This does not stop you filing a claim for your charges though and you should do this anyway.

Hi Blossomandebony and thanks responding,

Notice is headed:-

Notice of Allocation tthe Small Claims Track (Hearing)

No other info other than:-

"The judge has considered the statments of case and allocation questionairs filed and and allocated the claim to the small claims track"

It then just says for each party to send documents to court by 03. All witness statments to be filed and bring original documents to court.

a good point made about the GMB by diskmandave. I do know that you are entitled to bring your rep with you to a disciplinary hearing and he must be given enough time to prepair for it. Even if this means it is postponed. If you went down this route and ultimately to a tribunial, it would not put your employer in a good light if he refused to allow you representation.

Personally, I would attend the interview so that it could not be used against me.

If your employer has taken things this far and it is as you say that the accusations are false then it is probably their intention to sack you anyway for whatever reason and if they don,t succeed this time they will the next.

What ever you do if you attend...do not do so alone. Ask if the interview can be recorded.

Hi Raeline,

I too would have taken this to mean they were no longer going to pursue this debt. I,m afraid I can't comment on what the best action to take would be, but I bet there are lots who will be answering soon. Meanwhile, may I ask if this BDWO was given in writing and do you have copies of the same?

Is the CC company in post 139 a new one or one youv'e CCA,d?

at the end of the day if they do not have an agreement they cannot add to the account. Each time you get a statement write a strongly worded letter to them again on the same lines as you have done already and demand that the charges are taken back.

Ultimatley they know that if they haven't got an agreement, they will not get anything in court, so are keeping on the pressure and will keep doing so until you give more, they take you to court or give up/pass your account to someone else. continue to pay if you choose to pending CCA. But Only what you can afford! send antother copy of expenditure and wait for the response. Even if they get an agreement you will be able to show your willingness to service your debts as best you can and they will be able to gain no more from you than now. Basically, for every letter they write... write back. Each day that goes by without the agreement arriving will result in them having less clout. But don't give them the excuse that you have ignored them. Just write again, explain the same thing and pay only what you can as per DMP. They are banking on you giving up under the pressure, but the more pressure they put on you, if you are reasonable but firm in your response the worse it looks for them it it ever came to court. If they have an agreement, you would have no defence against a case the brought you other than you are doing all you can... so if they have got one, the only reason they would hesitate is to increase the balance with charges etc. This is why You should ensure that you have requested it stops each time. The whole situation then looks at court that they have deliberatley "rail roaded" you!

Deep breath now:D A4 pad at the ready!

If the teller inputted £100 extra for your MIL payment then it would show as surplus on the days takings as there would be no corresponding account number. As there is more than one transaction on her statement and the transaction is for an account that is not hers, then someone has entered the unknown account number with the additional £100 and therefore the PO's investigation would not show an imbalance.

In this respect thier investigation is solid. As I see it there can only be a couple of reasons for this:

The teller was confused and trying to serve 2 customers at the same time and inadvertantly added the other account to your MIL's card or it was a deliberate attempt to pay a personal bill! I hope it was not the latter, but how else could the account number be inputted if your MIL did not supply it?

I may be wrong and I have no knowledge of the PO's systems but it all sounds a bit "iffy" to me!

Whilst you can reclaim unfair/unlawful charges on current accounts and credit cards - it doesn't apply to managed loans. Someone may contradict me, (and I hope they do) but I can't think of a case against a managed loan which has been successful

I do not know for sure whether you can claim on managed loans or not.

But I do know that all the charges I incurred on my loan were added to my current account and so were included in my charges when I claimed. I won them back!

If hsbc gave you the same options as me, then PPI was also included as a lump sum . This was also claimed back.

bump

Why not send them a letter before action and if no response make a court claim.

They will then have to prove that they have properly investigated (not just say they have) and produce documentation to prove what they say.

I always thought that these machines were designed so that one transaction is completed or voided before the next could begin. This being the case, the £100 must have been entered just prior or during your mother in laws transaction.