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Everything posted by footix2

  1. Would be worth asking Lowell to produce the notice of assignment or even pursue the possibility that Lowell defaulted me, rather than the original creditor (O2). I have seen reports of success from both of these tactics.
  2. I'm with you on this, but it is what it is at present. It also seems all the more annoying, that your credit file is trashed, by what in essence isn't even a credit agreement.
  3. The O2 one is with Lowells I have also paid it in full recently. The T-Mobile one is still with them, and I haven't had contact with them for several months now. Would a better tactic be to wait until they sell it to a DCA and see if I can convince them to remove it instead. Judging by what I have read. T Mobile are an impossible nut to crack when it comes to defaults. I have also heard that Lowells have been known to routinely remove the entry completly upon settlement Anyone have a good template, to at least try the godwill route with Lowells.
  4. They happened last year BTW. I'll probably still pay it, just for the sake of not having it hanging over me. I;ve trashed my credit file for several years now then. I've got lots of other debst I never miss payments on, and I may be in position to rapidly reduce the balance of all my debts to zero. Will this kind of good action, negate them degaults in the long run? I have no plans to take out any credit in the short term, but I may wish to move house in the next couple of years, and I expect this will make getting a mortgage tough. Though I do have a Halifax mortgage which I have ran without incident for 6.5 years,
  5. Hi. I have 2 small debts (from telecoms companies), caused by my own silly oversight at the end of contracts. The Lowell one originally came from o2 (for £42), and I recently settled this in full. The T Mobile £20) one I about to settle, but I am going to use repayment as a leverage for having the default removed. These are rather low amounts, so I was wondering what my chances are of having them removed, by either cajoling or threatening them with legal action if they can't prove the defaults were served correctly. A copy of my letter (I've changed it slightly to suit each instance) is below: As I said in the letter, these are for such small amounts and have an adverse effect on my credit file, when reality I manage to pay debts totalling Circa 15k with very little problem (and I am in fact reducing my debt levels each month). I also read that Lowells routinely removed the entry completely from credit files on full payment. Their letter to may certainly didn't say that, so is this true, or am I going to have to fight to get it removed.
  6. http://www.taxcc.org/TCC_News/02/08/2013/is-your-case-over-6-years-old/ Are you sure about that? I'm going to go down this route anyway. It's my understanding that VAT etc are no statue barred, but tax credit overpayments are, as outlined in the HMRC own manual. They could take them from future claims of course, but I am way over the thresehold these days, so that can't happen.
  7. We just recieved a letter from HMRC advising us that we owe £218 in tax credits from the year ending 2006/7. Looking for advice on what I should do next. To give you some background, we claimed tax credits when our son was born in 2006, and thanks to an error when we updated our details, we were overpaid around £1,000. The error I believe was their fault, as we rang up to change our details and the operative appears to have changed it to a solo claim, thereby disregarding my income (which was from a full time job). I have never challenged this overpayment, and given the changing of rules, and time limits on disputes, it almost seems impossible to do this anyway. Several hundred pounds was reclaimed via a reduction in our claim, and I later (around 2009) agreed to a repayment of £60 month. We had by this time given up on tax credits, and a little later we would be other threshold anyway. I maintained the repayment schedule for around 6 months, until a temporary pay cut forced me to cancel the DD. Fast forwards to 4 years later, and here I have a letter advising me I have fallen behind with my repayments! Now I appreciate I may have to pay this amount ultimately, but what are my options.? I see no way of being able to dispute this now, given the rules changes. I also believe that collection via the courts is probably now statute barred I would be happy to arrange a repayment of say £20 per month with them, but ideally I don't want to pay it, given the time elapsed and te general feckelessness of the system when I was actaully claiming. Advice please
  8. I was just wondering if a business can legitimately charge interest and charges (of £25) to a consumer for late-payments. Due to an oversight we did not settle our final bill when our child left nursery and it is now quite overdue. I know of at least two late payment charges and today received an interest charge also. I suspect the charges are probably legal. Although they were introduced part way through my childs time at nursery. But it is my understand that interest can only be charged on commercial (business to business) debts. I suspect neither were included in any original contract (if I even signed one) I could find any information to support or disprove this though.
  9. I believe this to be a breach of the banking code. Banks were warned to stop doing this a long time ago. I've often wondered why the banks pick a few people to do this too. I initiated a claim with Natwest while having an large overdraft on my account and all i got was their standard letter explaining the test case and so on.
  10. I was sold a PPI policy by Black Horse back in 2003. I specifically remember the woman telling me that if I didnt take out PPI my loaned would be rejected. Now even back then I was pretty savvy and knew that was a lie, desperately needed the money. The problem is it was so long ago I dont have any paperwork. Does anybody have any tips for discovering my account no.
  11. This is a copy of the letter i sent to UKPC: Dear Sir/Madam I write with attention to the above parking notice. The alleged contract breach above occurred in a private car park As the registered keeper of this vehicle I cannot be held liable as any alleged contract can only be formed with the driver at the time. A registered keeper is only liable for a parking fine if the offence occurs on a public road and is a criminal matter. Your attempt to assert this to be the case in the alleged incident above equates to your company breaching the criminal justice act as quoted below: "The Administration of Justice Act 1970" Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she: (a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation; (b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; © falsely represent themselves to be authorised in some official capacity to claim or enforce payment; As this is a civil matter I am under no obligation to inform you of the identity of the driver and that time of the alleged incident. Furthermore any attempt by UKPC to assert that I am liable for this fine will result me reporting this matter the police as a breach of the “Administration of Justice Act 1970” and for harassment. Please do not contact me again unless it is to confirm cancellation of the ticket and any purported charges Yours sincerely
  12. Firstly i know these are generally unenforcable in law anyway, but i thought id share my experiences. I got a notice to driver from UKPC today. For parking in a disabled bay. This was in a Tesco car park however the car park is owned by Legal and General. The funny thing is that the car park owners thermal lanced the markings off the road today as they are converting that car park area to a Taxi rank. So there are no disbaled bays... So anyway i took a photgraph of the car in situ with no markings visible just in case it ever caem to that. However im going to send them the usual registered keeper not liable under civil law letter and tell them to get stuffed. One question should I even mention that its no longer a disbaled bay or go down the registered keeper route?
  13. The only way I can see to avoid the possibility of lots of prosecutions being "satyed" is if someone is ballsy enough or crazy enough to not settle and fight the case in the mercantile court. However, is it a fair argument for claimint that you didnt settle in full out of court as you wanted to test the case to establish precedent. Also is it likely that a judge may award costs should the case be lost and you refused out of court. Or is all this without precedent and inadmissable... Slightly worrying turn of events i think
  14. I will look later, i have a few £14 unarranged borrowings on my account...
  15. The most likely will not cash the cheque.
  16. From what I can tell from reading other threads. You should continue to the LBA stage as you set out the timetable in your first letter. This is merely a stalling tactic IMO. Perhaps someone who has more experience can confirm this should be the case Id imagine also it is better to address all letters to the Registered office of Natwest (or your branch) as stated in the FAQ. Im sure the adress is in the sticky thread
  17. I recieved my full set of bank statements from a very helpful Customer Services agent at Natwest for the princely sum of £5. In this case should I just skip the SAR Request as i have all the information in need? I have calculated the charges to be in the region of £2000 for the past 6 years I am now determined to recover these charges. I have a had a good read of the forums and will continue to do so for a while yet before i start action. Before i start I have a couple of things I would like advice on. Firstly i have an overdraft with my account which sits at £1700 of which the proceeds of the claim will be going to (essentially i will be getting my money back off the bank and giving it back to them ). How likely is it that Natwest will withdraw this overdraft from me during the claim process? Also are the ways to pre-empt such action? I have set up a parachute account with the BoS and im farily confident that should Natwest pull the plug on my overdraft then I can service me BoS account with enough income to get a Premium account and probably arrange an overdraft to pay off my Natwest Overdraft. I am looking forward to starting my claim shortly just a soon as i feel fully comfortable with the whole process. I have previously studied Contract Law so Im pretty sound on the legal postion. I just need to feel comfortable with the whole claims process before i start. Thanks for any advice given
  18. Is it possible for me to pursue Credit and Store Cards for which my accounts are now closed (having setteled in full) Also how likely is it that they will be able to provide information under Data Protection if i cannot provide them with account numbers... or is that their problem?
  19. Yes you do want to reserve that right.
  20. I am originally from England and my Branch still remains there. However should I pursue a claim against my bank am I allowed to lodge it in an English court despite being a resident in Scotland?
  21. Im about to start a claim against Natwest. Looking forward to getting invlived in this forum
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