If its England and Wales then the lowest amount that you can petition for bankrutpcy is £750, but you will easily spend another £500 on top for the deposit. So you have to ask yourself is it worth it

I see what your worry is, but reading that it seems to indicate that wild trees (and other plant matter) is not covered, so my reading of that is, were they tended and maintained, because if you (or someone paid by you) looked after them, then they are not by any defination "wild" but that is just me

I can confirm this is the case as it is where i have worked for the last 8 years, but i will see if i can find a link for you tomorrow at work. It is probably in the technical manual under advertising

There is no automatic requirement to anymore, the OR has the discretion to not do it (which most exercise) the only place that is done in all cases is the London Gazette. It was changed a while ago and i am sure if you needed to could track down the source.

Well Martin3030 a bit of an interesting development, they responded too the letters with an offer to refund all the charges (but no interest or DPA fee), with no information which shows that there amount is accurate (and i am fairly sure it is not). They then state that the refund is due on me accepting a higher APR with no fees on my account, or that the account is closed and will be paid off. I must say i do have a dislike to being threatened in this fashion, so i have written back giving them 14 final days to actually give me what i have asked for. but have you heard of this (will try and scan a letter later today so that you can see). Van

Well have printed it and will read at lunch time today and have sent 2 strongly worded LBA's to try and get the information without going to court.

I have no issue with going to court at this point, and i am sure i can convice Mrs V as well, so what is the next step? Van

Well i had no responce from them, which is a tad annoying, i take it i bang off a complaint to the IC and send a LBA to them with a 14 day warning?

Thanks i will amend the letter and bang it off for the wife and i tonight, the downside is that i am in the US for 3 weeks in 12 days, but i guess i will have to enjoy my holiday, then kick bottom!

Hi all Not sure if this is the right section, but having an issue with a SAR i have done with Vanquis Bank (credit card account). They have replied within the required timescales, but the information (which there is a lot) is a pain to sort through. The information that i was looking for was the charges (so i can reclaim them) but they have lost it with the total amount of interest charged (so it would say that since the account was opened they have charged £3,000 in interest and charges) and there is no way with the information to break it down. Can i write back and request from the a specific breakdown as required by the SAR? thanks Van

i have had a chance to talk to some people at work and once you go bankrupt, the claim against the PPI vest (in essence belongs to) to the Trustee. The reasoning for this is that the PPI is considered a right of action and as such if trustee does not follow it through it remains with him. The main reason that these were not done is a section in the Insolvency Act (which number escapes me at the second and my copy is in a box somewhere), but it is titled Mutual Credits and Debits. Basically this is if the creditor is owed £10k, and owes the bankrupt £2k they claim in the bankruptcy for £8k. The main arguement has been if there was a case for a further £3k in a ppi, they would simply apply it against the amount owed, and the Trustee would have gained no funds for the creditors. So basically it was seen as a paper exercise. In the last 6 months the Insolvency Service has decided to test the waters, by arguing that the PPI as an insurance product is seperate (or should be) from the loan itself, therefore the mutual credit and debit, should not apply. We have managed to get quite a bit of money for some creditors. So to answer the question, if you have gone bankrupt, then any PPI claim should normally pay into your bankruptcy, even if you have been discharged (as has happened to one of mine), there is a chance that the INSS will not know, but it would seem to be a waste of your time. Hope that helps Van

My ex LL has not responded to the letter, and i am at a loss as to if to take court action or not. I was hoping for something to confirm that i was writing to the right place (i am 90% certain, but always dealt with agents and they have closed shop now). Should i send a more formal LBA and see if that works? thanks

Actually as someone who works in the system and having dealt with this recently at work the money was claimed for the bankruptcy estate, this was after the discharge of the peoples bankruptcy. I am not sure that the advice that has been given is correct. The money was claimed on the basis that a right of action (which is any event that could potential go to court) has to be resolved by the Trustee in bankruptcy before it can be continued by the bankrupt. The issue with PPI is that technically under the IA86 the creditor has the right of set off, therefore in most cases the OR doesnt bother as it would simply be a change of a numbers, and a bureauctic , but lately this is being tested. I will check with some people at work, but it might be a waste of time in all.

As someone who works in an ORs office, if you wait till they are brought in, it will probably be too late to get money back as most of their company work is simply to put the company to bed (as there are no assets to sell). You could go to their website (The Insolvency Service Website) to find the office local to you and see what the situation is. all in all you seem to be doing the right thing, but it looks like your out of pocket.

sent the letter and had no responce, so straight on to court or another shirty letter?

Well i thought that since there is no rush and i want to get this done right i have sent off the SAR to see if there is any further information that i can use.

any thoughts?

Bumb any other thoughts before i post this off and see what happens?

My wife had 2 HSBC Loans and when tidying up the paperwork i note that we seemed to have accepted PPI on both loans, however although we were both working at the time in PAYE employment, this would never have helped us as we had a large number of loans and credit cards and if we had lost our jobs then we would have strongly considered bankruptcy. So my question i feel that these products were missold (and also my wife thinks she was told that she had to have the product) can i go back to them after these two loans have been done and try and get the money back? I have the agreement numbers and the details as to how much it was should i send off a SAR ? or start the arguement about missold? thanks Van

So is it best to wait for the other court cases to resolve themselves, and does it matter that some of the charges are from 2001? as it had been my intention to send a few letters to test the water and see what responce i got from them.

The name of the business does not possess any Ltd, and nor do any of the leases, there is a same name with people on Co House, but it has been dissolved and to be honest i dont think that they could claim that it was the ltd company as none of thier paperwork did

I am writing to you concerning my tenancy of the premises at XXXX and leaving the property in August 2007. I request that you return my deposit of £550.00, as the premises were left clean and in good repair when the tenancy ended. Allowing for fair wear and tear, the premises were left in the same condition as they were in at the beginning of the tenancy. The deposit must not be regarded as extra rent, nor to be used to improve the condition of the property. Any amount deducted from it must be equivalent to the amount needed to replace “like with like”. For example, if the carpet was worn at the start of the tenancy, you cannot retain the amount that would pay for a brand new carpet. You cannot deduct the replacement value of any item, even if it was brand new at the start of the tenancy, as this would be "betterment". You can only deduct from the deposit a percentage of the item's value, based on (a) its on condition at the start of the tenancy (which you must prove using the inventory from the start of the tenancy), and (b) the expected life of the item. Nor can you make deductions from the deposit for general “wear and tear”. The tenant is only liable for damage that creates extra cost; the deposit is not there to provide a redecoration fund. You must redecorate at your own expense. You must in any event prepare a dilapidation schedule, and you must have the relevant tradesmen give a written quotation (not an estimate) for each item of cost that you include in it. I request that you give me receipts or invoices for work carried out, or quotations for work yet to be done. The onus is on you to prove that there are circumstances justifying the retention of any part of the deposit, and to date you have not provided any such evidence. I will therefore be in a position to demonstrate that it is unreasonable for you to keep any part of the deposit, should you be unable to produce the requested evidence and matters proceed to court. You must remember that the deposit is my money. You must account for it properly. It is a common misconception that the deposit belongs to the landlord, but that is not the case and withholding it without proper grounds is unlawful. I require your reply to arrive no later than 14 days after the date of this letter, together with your cheque for any amount not in dispute. If I receive no satisfactory reply by then, I will begin a county court action for recovery of my deposit without further warning. The Court can order you to pay back the deposit, and the proceedings are very straightforward. Also, the Courts are very sympathetic to tenants whose landlords do not fulfil their statutory obligations. I look forward to hearing from you within 14 days. Yours faithfully,

I left my property in the August of 2007 due to moving to Solihull to be closer to family (her mother to be exact, still not sure why but there you go). And the LL held on to the deposit, I tried unsuccessfully to get it back but due to a variety of cash problems, life problems and other things that got in the way. I have now beaten the CC companies with a big stick and also claimed back all forms of PPI and the wife and I are now in a different place. So I have a few questions about this matter. Has it been too long to take the matter up again (it was August 2007), and also do I send the letter found below. My intention was to bang of that letter, and await response and failing any reasonable response start court action? The only difficulties i can see is that i lack any pictures or information, i can get a friend to testify as it were as we cleaned up the propetry after our goods were gone and before we handed it back, but i just want to try and get something back! Does that sound about right? Van

I have recently toted up the amounts that Lloyds owe me from around 2001 to present, and it surprised even me when it came to £2,599. I have used Martin Lewis calculator and the interest on that is £751.52. I understand (as like many I have been watching the developments) that claiming charges back has become both harder and more complicated due to the test case that trundled its way through the court process. My question is according to ML there are two basic arguments, the human one, or the legal one. I am tempted to do a hybrid one of arguing where Lloyds caused my wife and I great difficulties (that have taken 7 years to get out of) as well as slap them with the legal one (which is section 140 CCA I think of the top of my head). I am in the process of drafting the letter to put to you guys here, but what do you think?, as I am about to be finished with our credit cards now (on the last one WOOHOO) and I really don’t want to let this amount of money slide. Any thoughts, as I understand that Lloyds are in the process of defending a couple new cases is that right? Van

Well after some lovely games of brinkmanship they have agreed to pay it all, i have signed and sent back the forms and also asked the court to stay until i get cleared funds. hopefully this will all be done soon thanks Van