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Everything posted by twoofus

  1. Hi, Moorcroft are acting for MBNA and Apex for Yorkshire Bank. I guess the debt is still with the initial creditors then and these DCA's are just pursuing it for them but what difference does this make to me in regards the DMP? Also have you heard of anyone getting a mortgage whilst on a DMP Thanks
  2. Not sure what you mean by they don't buy debt who are their clients? Are you saying that I should put a claim in against all the creditors for PPI and for all of the debts sold on I should request the CCA? With the CCA is this so that if they cant provide it they cant enforce the debt? Thanks
  3. Hi, Sorry I'm a bit slow on picking all this up as it's a long time since I even considered applying for credit and yes I have been blindly paying creditors through my DMP but what else could I do? I guess my moral view is I initially took debt on then couldn't pay it so I went on a DMP all interest was frozen and I paid an affordable amount. My debts are all now with different companies to which they started so if thats what you mean by DCA then yes that's who they are with. I will start to look at the PPI stuff but at the moment I just want some support on martgages and any positive experiences of those in my position. I would also like anyone 'in the know' about the mortgage approval process to tell me what will happen as part of that process and where if anywhere my DMP may be highlighted. List of original creditors and who I now pay (Still Outstanding): Yorkshire Bank - Apex Credit Management (£5800 outstanding) MBNA Ltd - Moorcroft Debt Recovery (£1750) BOS Credit cards - Lloyds Bank (£960) First Direct - NCO Cabot (£650) Yorkshire Bank Card Service - Apex Credit Management (£350) Egg Card - Link Financial Outsourcing (£290) Argos Card - Lowell Financial (£250) Capital One - Capital One (£120) Creditors now cleared through DMP: Yorkshire Bank (BC) - Apex Shop Direct - Debt managers Ltd Next Directory - Moorcroft First Direct - Moorgate Loan Servicing NCO Shop Direct - NCO Cabot YB PLC - Yorkshire Bank Thanks
  4. The DMP is through CCCS, and I have about 5 creditors left. Never looked into PPI and don't know what you mean about CCA!! I just wondered if there are any stories of people getting mortgages with a DMP in place where there credit history is clear Thanks
  5. Hi, I am after some educated views/advice around a DMP and getting a mortgage. I have had a mortgage for over 13 years but unfortunately also a DMP for 8 years As my DMP has been in place for this amount of time my Credit file is actually very good and completely free from anything including defaults, arrears, and any trace of any of the debt making up the DMP. I have approx 2 years to go on the DMP with approx 10k outstanding. My question is what is stopping me remortgaging and buying a new house? I've had a considerable salary increase in recent years and can afford a much bigger mortgage so would like to move house. I accept that in some ways this also means I could pay off my DMP quicker, but having lived with it for 8 years and suffered all the consequences on my actions relating to debt I feel I am entitled to a bit of a break or at least to be treat 'normally'. If there is nothing on my Credit file to suggest any debt, I've actually had no defaults in over 6 years so don't have to declare it, and there doesn't seem to be a question on the mortgage application forms that ask if you have a DMP so again I wouldn't be disclosing it. Any mortgage experts have a view or any advice Thanks
  6. Wow thanks. So basically I need to write to the ICO stating that First Direct didn't file a default within 6 months of the debt going onto reduced payments, and that waiting for 6 years before entering a default is unfair on the basis I have made arranged payments accepted by FD and will now be treat less fairly than someone who didn't pay their debt at all. Am I miles off the mark Anyone know where there's a template letter
  7. No I haven't got any Penalty charges or PPI. Thanks
  8. Hi all, I've not been on here for a while but my how its grown since the bank charge days Right, I entered into a debt Management plan with CCCS about 6 years ago and most of my creditors defaulted me between February and November of 2007. This means that throughout this year most of my defaults will drop off, or so I believe. Now, First Direct never defaulted me and marked me on CRA as green paying on time from Feb 2007 till November 2012 when they decided to Default even though I'm paying the same as I always have!! I phoned and they said they transferred the debt to a DCA in the November so they Defaulted it at that point, apparently policies have changed within First Direct. I probably know the answer but can they just do this after 6 years
  9. Look, the point is here that eventually they will recover overpayments but it must be by agreement unless your contract has provisions for them to do so OR you agree to let them personally. MemoryMemory, are you a union member? If so contact your Unions free legal department immediately
  10. Aaronm, Try looking on the governments website then!!! From screams post: They can only deduct money from your wages IF YOU HAVE AGREED TO IT. They cannot do it without your permission, sorry i'll rephrase that, they can only do it and get away with it if you allow them to as it is unlawful unless you have agreed to them doing it. There are no ifs or buts it is not allowed without agreement either personnally or within your contract.
  11. Right, just am update. As of today (24th May) flights to Mexico have re-started. Unfortunately our flight on the 6th June has been cancelled and the Hotel we where to stay in is being removed from the Tour operators books so no flight and no hotel. This is no longer due to swine flu, it is simply breach of contract. Also having read ABTA's code of conduct and guidance notes, i feel they are also breaching the very body i.e. ABTA, that they reassure us they are a member of to protect US!! First of all in the code of conduct (gudance) it says that if they have a suitable alternative to offer they shouldn't ask for any extra money. They are asking us for £600 extra. Also, it states in there that they should notify the customer of any major changes as soon as they know. Well they have told us about these changes because we forced them into a corner, but they aren't officiallt annoucing it until Wednesday!!! Point is they say it will take 2 WEEKS to refund our money if we want it back as with everyone else. But 2 weeks from wednesday would be 3 days into when everyone who will be initially affected would have been on holiday so in effect if you want to travel on those dates you have to stay with them. [problem], con, out of order
  12. I have to say my son caught Salmonella on holiday last year, he was the only one in a party of 7, we where in an all inclusive holiday village and didn't leave it so it is the tour operators fault. If your mother was in bed for 9 of the 14 days I suspect she didn't leave the complex. There are different phage types of salmonella which will narrow down the source and believe me they can really narrow down where it came from, for example, with my son they narrowed it to an egg from a particular supplier. Go to solicitors I am sure they will take it on because they will now that potentially it could be the tour operators negligence. Keep going and good luck
  13. Hi, Sorry to here of your tragic loss. I would guess it would depend where your mother unfortunately caught the salmonella. The EHO should be able to tell you the type of salmonella it is and give you an idea where it came from. If she stayed at an all inclusive accomodation then chances are she would have stayed on site and caught it there then you should have a good case. I would strongly think about contacting a solicitor and running it past them, we had to when my son caught salmoella on holiday last year as travel companies do not and will not admit liability. We are still waiting although we are expecting an outcome shortly, but yes I would get a good solicitor that deals with holiday illnesses. I have heard these are quite good but have had no personal dealings http://www.pannone.com/personal-injury-solicitor/holiday-accident-claims.asp
  14. Thanks, i'm fighting inside my own head and can see all the different angles they will come. Its always good to have someone elses interpretation.
  15. Thanks for the reply, My reading of it is that they don't have to pay compensation because of the nature of the incident but with regards to the package, it is a binding contract and they are breaking that contract hence it implies a major variance to the package and the travel regs are very clear on what you are entitled to with regards their breach So unless they can prove they have no equivalent or superior quality package they should provide one.
  16. If your holiday to Mexico is cancelled due to the outbreak of swine flu then what are your actual rights?? I know what the likes of First Choice are saying, I know what ABTA are saying and i've looked at what the Package Travel regs say and they all have a slightly different spin on what you are entitled to if you holiday is cancelled. First Choice say "You have the option to make a free amendment to their holiday and select a different destination or alternative date up to the same value already booked." ABTA say "You will be entitled to receive suitable alternative arrangements" Travel regs say The consumer is entitled (a) to take a substitute package of equivalent or superior quality if the other party to the contract is able to offer him such a substitute. All say you can have your money back. Point is my holiday was a good price and if cancelled will be difficult to replace at the same price. Any views Cheers
  17. I agree with what Poppy has said. It all depends on how far you want to push this. There is a breach of confidentiallity, but from a union point they could argue that your manager has acted in a way that any trust has broken down and from that delving into Working Contracts whether written or not, part of a working contract is that trust must exist from you and from your employers so potentially you could have breach of contract. There could be many other ways to pursue this but you need to seek proper professional legal advice which you are entitled to through your Union. If your union reps aren't doing it go above them to the point of a national officer if neccessary. Don't let the rest, they should be giving you more assistance. Anything I have said is personal advice and not legal advice you should speak to a legal professional.
  18. My post is taken directly from the governments website, it is the law. Your contract of employment needs to be looked at to see if they have specified a procedure on overpayments. Basically if it doesn't then they have no right without YOUR permission.
  19. My apologies Allwood, you came across bitter but with your explination I can see why. I've been a union member for 18 years and a shop steward for 2 years and it infuriates me when I hear these stories. I maintain a relationship with my manager because I have known him for such a long time but, I know and he knows if there is a problem our friendship goes on hold and we battle things out. I can't see why people become Reps to further their career is there no way you can put a vote of no confidence in??
  20. No, the op was not 'stealing by definition' if the OP didn't believe that what they were doing was wrong. Sounds to me like they've sacked the OP to make a point to other employees, and because the other employees won't turn round and say "Hang on we all do this" the op really won't get far in these arguments. Should a sacking have occured for this particular instance, no it shouldn't have, either morally or ethically. At worse it should have been a warning to let the person know what is expected now and in the future with regards to conduct.
  21. Seeing as some keep mentioning theft. The legal definition of theft: A person commits theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly. This means you are only a thief if you knew you were acting dishonestly. The law is based upon it.
  22. Your employer is not allowed to make a deduction from your pay unless: Your contract says they can - and your employer has given you a written copy of the part of the contract which says so, or a written explanation of it, before making the deduction. It is required or authorised by law, such as income tax, national insurance or student loan repayments. You have agreed in writing to a deduction before the conduct takes place for which your employer proposes to make a deduction. This applies unless this is not the first time this has happened. End of story.
  23. Firstly Sidewinder is pretty much on the ball. I would put a formal request in for all evidence that is to be used against you at your hearing. That way they cannot throw anything at you that you haven't seen, it is their responsability to provide ALL info and failure to do so means it cannot be used. Also stay positive, they have to prove your guilt, you don't have to prove your innocence. Also check the companies discipline proceedure to make sure they follow it to the letter, if they breach it they cannot discipline you.
  24. How do you know they were within their rights when you don't even know the company policy???? Are people not allowed to make mistakes in life without the ultimate sanction being enforced??
  25. What union is this, i've never experienced anything like this in 18 years as a union member. My union have always supported me and my colleagues at work without any problems at all. How many work at your company? How many Union members are there? Allwood, you speak very negatively of Unions, you aren't a Manager are you??? Lets not forget what Union means, it is a union of people,, joined together to fight for better together and is only as strong as the members in it.
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