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Everything posted by Poppy07

  1. Thank you both very much. It is his own car for which he receives a car allowance, and on top on that he is able to claim back petrol costs used for business miles. The general cost in the office is 18p per mile, however he has a bigger engine car which obviously uses more fuel, the same as me and when I put in my claim for 25p per mile it was accepted! Though he doesn't want to go down the route of naming others who receive more money as this may result in them having their costs decreased too. He has not claimed for his private mileage only business mileage, I think your both right and a complaint needs to be logged in writing. Thanks sidewinder, the HMRC form is to be completed in april isn't it? xx
  2. I work as a surveyor and everyone in my office and I claim back our fuel expenses every month. We do this by submitting our fuel receipts and stating our business mileage and personal mileage every month. My colleague is having a few problems with his claim at the moment and I believe that the accounts department are behaving incorrectly. He has submitted his expenses form and divided the cost of the fuel by the mileage done as we all do as we have been told to do it this way. His cost per mile works out at 24p, however our head office has now said in writing that they agree that his fuel is costing him 24p per mile however they are not prepared to pay anymore than 17p per mile! Can they do this? His contract states that he will be reimbursed for any business expenses incurred. Any help would be great, thanks x
  3. I wrote to Black Horse a while ago about the charges they put onto my loan account, they wrote back saying that I cannot claim blah de blah as it was a loan and not a current account, the letter was very formal and from their solicitors, and to be honest it scared me off and I have left it. After reading your thread I am definitely going to start the process again, and do the same for my partner, whose loan with them has literally doubled due to charges!!! Hopefully the OFT case will hurry up and go our way!! Just thought I'd say thanks for your helpful thread!!
  4. Hey Tori, I have no news about our cases - just thought I'd say hi!!! Hopefully we'll all here something soon seems to be dragging on foreevva.....!!! xx
  5. Thanks loads for your replies and help! Sorry slick, thought new subject new post!!
  6. Hi All Does anyone have an update on whats happening with the bank charges/court situation?? I haven't seen anything on the news about it, nor can I find much on here. If anyone can give me a quick update or a link i'd be really grateful! Thanks xx
  7. My sister took out a secured loan with NEMO, who also persuaded her to add payment protection, 11 months into the loan and she wishes to redeem it by remortgaging. The loan was over a period of 156 months, for the 11 months she has payed the payment protection cost on top of her monthly repayment. Now however NEMO are saying that she has to pay the outstanding 145 months worth of PP amounting to an additional £2745, is this correct? Does anyone know whether or not she legally has to pay this?
  8. I'd like to report RMA/NCO for continually harassing me by phone and by letter even though my account is in dispute, as I have asked for a copy of my CCA and they have failed to provide one. I have written to them to ask them to stop ringing me and to only communicate with me by letter but this has made no difference to the harrassment. Also when I spoke to a member of staff at RMA and asked him to stop calling me he said 'no, not until the debt is paid, until then we have every right to phone you'. NCO also send postcards to my house claiming to be sending someone to my house to discuss my account, although this person never turns up. I think they're behaviour is appalling.
  9. I am going through the process of claiming back my charges from Barclays, I have done this before for my partner, but it is so easy to forget bits!!! Anyway, I have submitted my court claim via MCOL, received a letter from Barclays legal team saying they intend to defend whole claim. I sent a letter to the court and to Barclays attaching my up to date SOC. The court have written back saying my case has been transferred to my local court and that they are dispensing with the AQ, so I have written back attaching my draft order for directions. All fine so far, however I haven't received Barclays defence, surely I should have done by now. Should I ring them? Or what shall I do? Thanks x
  10. I am submitting a claim via MCOL to Halifax for my charges over the last 6 years, on the last page it asks you to enter how much you are claiming, does this include the interest? As with interest my claim is for £5628, and the fee is working out at £250!!! Is this correct? Or shall I enter the total without the interest which takes it to just under 5k? Thanks x
  11. Brilliant, Thanks so much for your help Zoot. xx
  12. RMA!!! They continually harrass me! I have sent them a CCA request by recorded delivery - have had no response, they're time for replying is well and truly up, and yet they still phone me a couple of times a day, they then phone my mothers house at least once a day even though she has told them I do not live there anymore. I sent them a letter to ask them to stop harrassing me, and only communicate with me in writing, sent this by recorded delivery but to no avail! Yesterday received a postcard from them saying that someone will be calling at my house, even though I am well aware that they are not allowed to do this and told them so in the harrassment letter I sent them. I will not answer the phone to them as the last telephone conversation I had with them consisted of them being extremely rude to me, to the point I wanted to cry in frustration, and then he told me that I should take out a loan to pay off the debt I supposedly owe them, when I said no, he said I should borrow the money from relatives! I am going to report them to trading standards.
  13. I thought that was the case, sneaky lloyds are trying to confuse me (not hard!!). Thanks both! x
  14. Hi there, I requested my statements from lloyds to enable me to reclaim my charges and this morning I received details from Lloyds of the list of charges I have incurred over the last 6 years, which is fine. However, within the list they have included o/draft interest as a charge, am I right in thinking that we can't claim this back? Thanks x
  15. Please Someone Help!!! There seems to be no info re Swift at all!!! Swift have entered a defence against my claim, this is it: 1. It is admitted and averred that: (1) the Claimant and one other (it was a joint app) took out a loan ("the credit agreement") with the Defendent and the loan was secured against the Claimant's property by deed dated 7 Dec 05 ("the mortgage"); (2) the Claimant and other defaulted in their obligations to pay the agreed monthly installments uner the credit agreement, the first default being on the date for the first repayment which fell on 7 January 2006; (3) charges were added to the Clamaint and others' mortgage account in accordance with a tariff of charges provided to the Claimant and other upon completion of the mortgage. 2. By reason of the Claimant and other being joint borrowers their obligations to the Defendent under the credit agreement and mortgage were joint obligations; accordingly, in respect of any action against the Defendent for breach of contract (liability for which is denied) the other is a necessary party to the action and unless and until she is added by the Claimant as a party, the action is not properly constituted. In the circumstances the Defendant will invite the court to dismiss the claim. The following matters are pleaded without prejudice to the said plea that the Claimant's claim is not at present properly constituted and cannot therefore be determined. 3. Copies of the credit agreement and the legal charge are appended hereto marked Appendix 'A'. 4. Claimant and others account was in default from the outset: the claimant and others first installment which was due on 7 Jan 06 was returned unpaid: from the due date for paument of the third installment (7 march 06) until redemption in Jan 07, the claimant and other mortgage account remained in default at all times. 5. The Credit Agreement contained the following, among other, provisions: "D. if you pay us by cheque, standing order or direct debit and we cannot collect the payment when we ask for it, you will have to pay a charge for this. This charge will include all bank and other charges we have to pay as a result of our trying to collect the payment. K1) if you do not make any monthly payment on the date it is due, we may (as well as enforcing our rights under this agreement) make the charges mentioned overleaf including those for each and every letter we send to, or receive from, you or your agents and for each telephone conversation about any missed payments. L. ...you must pay the following 1) all reasonable costs and expenses we have to pay or decide to charge as a result of any term of this agreement or the legal charge being broken 2) all other reasonable costs and expenses we have to pay or decide to charge in connection with this agreement or the legal charge... 6. The sums that were charged to the claimant and others' mortgage account were applied pursuant to the contractual entitlement under the terms of the credit agreement (as set out in part above) in respect of, among other things, the said missed payments, letters and telephone calls. 7. Accordingly, it denied that any sum debited to the Claimant and other's mortgage account was a "penalty" or "unfair penalty" whether at common law or under the Unfair Terms in Consumer Contracts Regulation 1999. 8. In the premises it is denied that the Claimant is entitled to the sum claimed or any sum for the reasons stated or for any reasons and it is denied that the Claimant is entitled to any interest. STATEMENT OF TRUTH The Defendent believes that the facts stated in this Defence are true. I am duly authorised by the defendent to sign this statement Matthew William Payne. Swift sent this defence to me, and I received again this morning from the court along with an AQ, which I have just completed and attached a draft directions letter as advised in the guidance on this site. What else do I need to do? Do I need to ammend my claim so that the joint applicant is mentioned? Please can someone help me, as I think the court is gonna throw this out! I've paid £120 for court fee and £100 for AQ which I cannot afford to lose and I don't want Swift to keep getting away with it!!!! Any help on what my next step should be would be very very much appreciated! Thanks x
  16. Thanks Rob, will have a look on there now x
  17. Hi, yep your exactly right!! Can I do anything?
  18. I was issued with a parking ticket October time last year, for supposedly parking on a yellow keep clear marking outside our local college. However, when I realised I had been given a ticket I got out of the car and checked and I was definitely not parked on the marking, close I admit, but not actually on the zig zag lines, though my boot or the shadow of my boot may have been overhanging them slightly. I wrote to the ticket issuer and explained this, and they wrote back saying that I was issued with the ticket for parking illegally and that if I dispute this then they would take me to court. This morning I received a court summons (I actually had thought that the whole thing had gone away!!), telling me I am due in court for this offence on the 31st July. I don't know what to do! I feel like a criminal when I genuinely was not parked there, and it is the traffic warden's word against mine. Any advice on what I can do? xx
  19. RMA still ring me up to 5 times a day!! I have sent them a CCA request with which they have not complied, and I have also sent them a letter regarding the telephone harrassment, both by recorded delivery. It is really starting to annoy me now - what else can I do???
  20. Can anyone help me? I have sent the above letter, outlined in my reply #13, do I need to send anything else at this stage? I'm waiting for Swift to enter their defence - they have until the 17th July. ~I need to get everything right with Swift and I'm not 100% sure what I'm doing!!! xx
  21. But I haven't had an allocation questionnaire yet, surely I send these together?
  22. Do you mean the following by saying draft letter? Me –v- Swift Advances Claim No: Date Issued: 14th June 2007 Please find enclosed a schedule of penalty charges, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £ I respectfully request that the enclosed schedule should be attached to the particulars of my claim. Yours sincerely, I sent this letter along with schedule of charges to Swift and to the Court. Do I need to do anything else? They say they are going to defend, so will see what they come back with, they're is nothing else I can do for now is there? Thanks x
  23. I received a reply from Moorcroft today regarding my Barclays debt and my CCA request. It says: "Please find enclosed a copy of the relevant agreement under the Consumer Credit Act in relation to the above account. I can confirm that I have placed your account on hold until 14/07/07 and request you make immediate contact with our call centre to discuss a repayment proposal you can afford and maintain. Signed Mrs K Dyde." Then attached is a copy of a Barclays document, which says thankyou for your application which has been approved, please ensure to read through the following documents regarding your loan. Then it goes on to state for me to check the details on the agreement forms and sign and date, read the T&C's, and outlines my repayment and repayment rate. At the end it says 'Important - You Should Read This Carefully - Your Rights The CCA 74 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not,the Bank cannot enforce the agreement against you without a court order' This I find hilarious as thats it, thats all there is to it, I have not signed it!!! It just seems to be what they must have sent to me originally when taking out the loan - a standard letter, it only says my name and address at the beginning - there is absolutely nothing with my signature on!!! Are they for real? Surely they can't think I am going to fall for this? What should I do now? Write to them informing them that what I have received is not my CCA??? Hope i'm making sense - i'm rushing to get this all out!!!
  24. Hi Tori, only just seen your reply!!! Money has gone already we had to pay a tax bill unfortunately, but hey we would have had to have found it from elsewhere if it wasn't for Barclays!!! Its between William, Dylan and Nicholas now!!! Gonna think of something hideous and tell matthew thats what I like just to make him sweat!! After all i'm going through getting fat and backache don't see why he should get off scot free!! Tee he!!! My parents went to Switzerland and they said it was so clean and beautiful, quite expensive tho isn't it? Heard anything re your claim yet? xx
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