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  1. I recently sent three payments from my paypal account to my nationwide account and the funds went into another persons account - the original error was a wrong digit in the account number - the bank wrote to the customer finally and they have not responded the phone and email address for the customer is not correct/not connected and the customer - how do I get my money back or how can I find out who the customer is to take it to civil court..this seems to be a huge grey area and no one wants to help - can anyone advise, I am currently waiting on the banks second letter to the customer but don't know what to do if they won't return the money. They have spent it the bank will tell me there are no funds to return at this stage. I know I have to raise it with the ombudsman and have started this process pending the banks final response...
  2. Hi, In may 2013 I got on a bus where I swiped my oyster card but somehow lost it on the bus, when the inspector came over to me I went to retrieve the oyster card from my bag but couldn't find it. I got off at the stop that I needed with the ticket inspector. I still couldn't find the oyster card in my bag and figured I must of dropped it on the floor. If the inspector wasn't so in my face and didn't distract me I may of found it on the floor/seat in time to show it to him before I got off. Anyway, the inspector took my details, and because I didn't want to have to pay an extortionate fine I gave him my old address, which was a bit silly because obviously they have tracked me down. So, thus far, letters have been sent to my old address including a summon to court. Obviously I didn't get these letters and now the fine has piled up to almost £500. The court hearing was heard without me being present. I have a few questions, I am grateful for any advice/help. 1. If I said that the person given the fine on the bus wasn't me, will they be able to prove otherwise? 2. I have actually been staying a few doors up from my old address, and was at the time of the fine, i.e. I was staying at number 1 and my old address was number 7. - My question here is as follows.. If I say to the court that actually when I wrote my details down I wrote number 1 which is where I was staying and that it is not my fault that they have seen this as number 7, which is my coincidently my old address, will they accept this? -bearing in mind I have no utility bills in the current address (number one) Again, any help is appreciated. Thanks for reading.
  3. Hi All, Anyone help me ? I have been zapped at 42mph in a 30 zone. However the gun had not been updated to the GMT and was 1 hour out. ie, i was clocked at 42mph at 1pm according to the sl700, when the police officer actually stopped me at 2pm. how would this go in court ? anyone. would it get thrown out ? thanks in advance
  4. My daughter's friend found an invoice by chance at home addressed to her from Littlewoods for items ordered from the catalogue. She discovered that her sister had opened an account in her name (her sister already had an account in her own name that she had defaulted on payment). She wrote to Littlewoods indicating what had happened. For a year she was passed around from department to department until this week she received a letter from Lowells indicating that as she knew the person involved it was not treated as fraud, it was a civil matter, and that the company would be chasing her for the debt. I cannot believe that this is the case and would appreciate any comments.
  5. http://www.consumeractiongroup.co.uk/forum/showthread.php?372400-MBNA-PPI-Award-“Interpretative”-Calculations/page25 The long running thread above is dedicated to the bizarre way in which MBNA calculate their PPI redress awards. The FOS apparently do not see the figures, so from what I understand, they are just confirming that PPI is due and that MBNA will provide them with a figure. One guy (next post) decided to investigate a little deeper and discovered that the original award of £3,000 was INCORRECT. This was confirmed by Ian Doherty(head honcho at MBNA) and he was advised there was another £8,000 due to him. He is waiting on his cheque to be processed right now.
  6. I am posting this question for a friend of mine. Her son opened a hand delivered letter this morning - it was a WPO on his car against a county court order issued by Bristol County Court. He phoned the number and spoke to the bailiff and was told that he would need to prove that he is not the person who owes the debt. It turns out that the bailiff visited No 2 Acacia Avenue and not number 5 (road name changed!)!!!! The bailiff later phoned to say there had been an admin error. There was no apology what so ever. I have drafted (after phoning the court) a letter of complaint for her and just want to ensure I have some details correct - by writing a WPO on an asset of a third party has the bailiff done anything illegal? I assume that had he removed the car it would have been theft? Also on the basis that the WPO has the defendant's name and financial details on it is there a data protection case too? Any suggestions? Many thanks.....
  7. A debt collection agent turned up at my office and levied a car on the car park which did not belong to us. (the debt is for a LTD company stock issue and not a debt for a car) I explaned that the car was not an asset but the agent was screaming like a demented banshi shouting that he has ordered a tow truck to collect the car. I continued to explain that the car was not mine. He disappeared , a tow truck never did arrive BUT I have now received a charge of £500 on top of the original debt for this idiots 10 mins of pleasure. Question: 1) Can DCA just simply pick any object they lay there greedy eyes on and place a levy on it? 2) Can I sue the DCA for the return of the extortion fee?? Any guidence would be appreciated. Thanks
  8. My car turbo just blow up. I took the car to the local garage and was advised that the engine is fine after the turbo was removed and will need to just pay for the turbo replacement so it is economically to proceed with it. After replacement was done the garage called to say that the change was done but the problem has escaladed now and it is an engine problem and this is non economical to do it because it would cost at least 3k. They said that they would like me to pay for the turbo and take the car for a part exchange post it on ebay as engine in need of attention. Do I pay for something that is non functional and was wrong advised on the course of action?
  9. Dear all, I am writing to ask advice on some issues that have arisen since I had a guitar in for modification with an independent “specialist” or luthier. The guitar came back with a variety of issues and the job was clearly not performed correctly on closer inspection. The issues that have arisen are due to poor workmanship, lack of attention to detail and general negligence. The guitar was worth around £1700 but has had its value significantly reduced due to the luthiers' poor workmanship. It will cost quite a bit to get it put right – potentially a very big job. I now need to either: Get the guitar in proper order, be adequately compensated for the loss in value or receive a new guitar. Thus far I have managed to cancel the cheque for £150 that I made as payment for the work. I would not consider giving him the guitar back to try and correct his mistakes. I wrote the cheque because I had not had chance to take a close look at the guitar which revealed many issues. Do I need to see a solicitor? The person is operating from home under a company name and was recommended to me. I would be very grateful for any advice I could receive on how to proceed with this matter. Thank you.
  10. Two years ago my wife took out an agreement with Tesco whereby they sold her a phone and signed a direct debit for £10 per month which was doubled by Tesco effectively giving her £20 credit. Because the quality of the phone was not good she stopped using it and stopped the D/D. Tesco wrote to say that she was in breach of a credit agreement (it was in fact not a credit agreement but a D/D to pay for atop up each month on a 'pay as you go' agreement). They duly reported this to Equifax and we objected. They agreed it was not a credit agreement 'as such' but told us that the entry must remain because we had brokren our agreement. Eventually they agreed that they would look at the situation. Last month we were refused credit for a very important requirement and on checking with Equifax there was still the entry which Tesco had placed. Is this legal and if not, claim compensation for loss of facilities and defamation?
  11. Hi all, I have got another problem with Call credit chcek of wrong default account on my file. I saw an unrecognized account on my file in May 2013 with differnent name and Date of birth.. It was someone else's O2 account appearing on my file since 2012 and become defaulted in January 2013. I immediately contact to CRA "call credit check" and O2. O2 replied to me that O2 do not allocate the account information to the individuals credit file. they send information to the credit agencies, who then allocate it to the “correct” persons credit report. In my case CRA seem to have made a mistake. I need to contact them directly and ask for a “notice of disassociation” I got a response from call credit check after 15 days that having investigated they could not locate it on my file and therefore no action is required ( dated 25 May 2013). It was taken off from my file without admitting that it was added by mistake.. I asked about justification of that how did they put that some one else acoount on my file without matching my personal details but did not get positive response. On 7th August, I found the same account again on my file from another company called Lowell, which I can Identify by the amount and last digits of account that it is same account... I once again contacted to them on 7th aug and got a standard reply of all details which I already provided with my email.. ..I sent them with all evidences of previous correspondence on 16th but dit not get any response from them and once I contacted again today on 31 aug I was told that I need to resend that email again as they did not receive it. I resned it again stating that I will just wait until 4th september as 28 days would have passed by then and I would then write to ICO for all stress and taking time out to write and follow up for nearly one month for this mess with my credit history. ( and yeh I tried to contact them over the phone several times but no joy. They don't communicate on the phone, only option is email) I need some advise about my options on these points... that Account was not mine and was removed in first place then how come it can appear again with different company name. and clearly lenders had not taken any responsibilty of giving my name to CRA they how come CRA can put some one else data on my file. Account was defaulted in January 2013, how come a company can put defaulted account to some one file after 6 months in August. ( though account is not mine and name and date of birth is different) How can I put a claim for compensation for all this stress and taking time out to communicate with them Any assistance will be greatly appriciated Thanks
  12. So, I bought 5KG of protein powder from myprotein, which usually sells for around £50. Due to a pricing glitch, it was going through for £1-something. I fully expected my order to be cancelled, however, it went through, and was dispatched. I received a despatch confirmation, was given a delivery time and the money was taken from my account. Now, the delivery time came and went, so I tracked it, and it said it was being sent back to consignor. I phoned them, to see why it had been returned, and was told that due to the pricing error, it was being returned to them. Now, my understanding was that as soon as the despatch confirmation had been sent out, and the cash had been taken, the contract was accepted, and could only be cancelled by myself. Am I wrong? Obviously, arguing my case that the error should have been noticed before dispatch fell on deaf ears. I have had a look around the net, but nothing definitive sticks out.
  13. Hello, My phone was delivered to my address and signed for by the wrong person. I managed to get company to send me a new phone. It took more than 5 hours on the phone and research but they changed from "it is my (consumer) responsibility" to "we are very happy to deliver your phone tomorrow" in 1 second. The story is long, but worth a read if you are experiencing similar problems. Save yourself sometime, I wish I had more guidance and didn't have to find out by myself! I am not a lawyer and I am sure there are some things which the company could have argued back, but they chose not to. It worked for me. Good Luck! - Received text from UK mail advising my package will be delivered on Friday 5th July 2013 between 12:00 and 16:00. - Package was delivered after 17:00, beyond the period notified by the company, and signed for by “X”. - On 9th July I called EE and was informed my parcel was delivered to "X" but then returned to UK Mail. Give 7 to 10 days for the phone to turn up and call again. - Call Costumer Services on Friday 19th July. Case heard by “Y”. On my behalf, he fills in a disclaimer where I assure that although the mobile was signed for, I have not seen it or received it. He then reassures me a replacement will be sent after the investigation procedure takes place and the investigation team will contact me. - Call Costumer Services on Friday 26th July 2013 as my mobile phone has stopped working. I am informed my T-Mobile SIM card has stopped working (standard procedure) and I have to go to a store for a £10 replacement. - Contrary to that which was discussed with “Y”, I am the one that I should take action with the parcel company trace the mobile phone. - I have read EE’s terms and conditions and there was no provisions for delivery, nor there is an option for the costumer to choose a preferred courier service thus engaging with EE's preferred service provider. Their website only declares: § If UK Mail tries to deliver when no one's there to receive it, the driver will leave a card with details of how to re-arrange your delivery time. They’ll automatically try again on the next working day, after which the parcel will be held for a further five days before being returned to EE. You’ll need proof of ID to collect your delivery. - UK Mail Terms and conditions declare: § 8.3 For the avoidance of doubt, delivery to the Delivery Address (or alternative address) means we will deliver only to the postal address. We are not obliged to deliver Consignments to a particular part of a property or location within the property at the Delivery Address, or otherwise deliver personally to the Consignee and we are not liable in respect of any Consignment delivered to the Delivery Address, or any other address specified by you (or the Consignee), or a nearby address pursuant to clause - By delivering to “X” UK Mail have apparently fulfilled their contractual obligation to EE. This is pending further investigation of the Sale and Supply of Goods Act to Consumer Regulations 2002 and the Unfair Terms in Consumer Contracts Regulations 1999, which may cause UK Mail Terms to be invalid. - According to Section 5 of the the Unfair Terms in Consumer Contracts Regulations 1999 § 5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer. § (2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term. § (3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract. § (4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was. -As declared before, I was not offered a chance to negotiate the delivery of my mobile and was imposed a Third Party’s Terms and Conditions without an opportunity to negotiate them. -I have entered in a contract with EE, a mobile provider, not UK mail, a courier service. - The courier contract is between EE and UK Mail thus, EE should trace the parcel, not myself. - In my view, it is EE’s duty to provide me with the appropriate device to use their mobile services. - According to advice given by the Citizens Advice Bureau to others, EE is “in breach of contract and that (I should) demand that (you) provide you with the phone as agreed”. - According to EE’s Terms and Conditions, point 5.7. “We (EE) will not be liable to You if We cannot carry out Our duties or provide Services because of something beyond Our control.” - I believe the correct delivery of my mobile device was an action within your control as you should have assessed the courier’s T&C to determine whether they would assist you in fulfilling your contractual obligations with me. - UK Mail declare: “EE have not provided UK Mail with appropriate apartment number, hence UK Mail could not deliver parcel and delivered to any person on the address without the proof of ID required” - Concierge identified colleague as “X”. He signed received and kept delivery. The delivery did not have a flat number. It is against their company policy to accept and keep packages which are not clearly identified. - "X" made these terms clear to UK delivery man who said to keep the parcel for 24 hours and then send it back. - “X” returned parcel on Monday 8th of July at 11:00 to a UK Mail representative, who did not sign or provided any receipt. "X" did not witness the UK Mail representative scan the package. -EE Insist mobile was delivered to my address, even when it was incorrect. -Quoted: § Section 29 Sale of Goods Act 1979 4) Where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until the third person acknowledges to the buyer that he holds the goods on his behalf; but nothing in this section affects the operation of the issue or transfer of any document of title to goods. -EE failed to provide accurate address. Phone delivered on terms I did not expressly agree to and were not negotiated, under a standard contract between EE and a third party. This makes terms unfair as I was not made aware, and were not negotiated. Third party (UK Mail) is not acknowledging possession of handset as they declare delivery has taken place. -Third person, by signature, for UK Mail acknowledged possession but has returned package. -After long discussion and quoting my rights, EE magically arranges next delivery to be signed for by me. -Legislation is magic.
  14. Not sure if this is right place to put this, however, a very good friend of mine lives in council accommodation the council OHA said that he needed a walk-in shower. He had a very good bath and sink installed by the council a few years earlier and initially only wanted the bath moved a bit to enable him to get in and out of the bath in safety. The council said that could not be done and recommended a walk in shower instead. He got all he specification from the council and even a picture of the shower that was going to be installed. However their contractors gave him a terrible time and they installed a completely shower unit for him. This unit is completely electric and not a mixer shower that could be used with his combination boiler. Anyway the shower malfunction and got to a scalding temperature but the council keeps insisting that does not happen as it is cut out at a certain temperature, but the manufacture instructions does say that they shower can reach scalding temperature if not installed or used properly. Anyway he wants the shower that the council told him that was going to be installed. Is there any thing he can do to insist on getting the shower unit changed to the one that should have been installed. Any suggestion on how he should proceed with this please.
  15. Hello I hope this is the right place to ask my question. We have just bought some curtains and taken delivery of them today, but they are the wrong material. I wondered where do we stand. Here is some more detail which i think complicates the matter: Purchased material from the curtain shop Picked up material one week later and delivered it to the curtain maker (not connected to the shop). We opened the material and had a quick look and all looked ok, but it was rolled up (this had come direct from the supplier and i dont think the shop had checked the delivery). Lady made the curtains and put them up today. My wife has noticed tonight that the material is the wrong one, but a similar colour (i didnt notice this morning). The material cost £300 and the cost of making was £200, so it is a lot of money. I havent spoken to the shop yet, but we dont even know the name of our selected material so i will need to go back to the shop to check they still have the catalogue. All we have on the receipt is a code. Basically the trail back to the material is not very good and we just trusted the shop to order the right material for us. I imagine the shop will say not our fault. So i wonder could we be successful in the small claims ?
  16. The idea of giving someone points for speeding. I thought that the system was fair. What i cant actually get around is. If points and a fine are given why is the driver the persecuted by the insurance company ?
  17. OK I do not, nor have I ever paid for a TV license. I know some people will think that is wrong, but I never watch live TV and actually only figured out a couple of months back that I can declare this to avoid paying it...rather than just ignoring their letters as I have been doing Anyway. Last year, 'I' got a letter from the TV license company..but instead of the usual 'to the occupier'..it had 'my' name on it. The first name was correct, however the surname is that of my partner. We are not, and never have been married, so I really do not understand it at all. It said I had signed some sort of contract (which I hadnt) and had not paid my bill so they were taking me to court. Since I have had many empty threats of court over the years..I just ignored it. But more and more letters kept coming. I sent them all back saying 'not known at this address'. I have had about 10 or so over the past 6 months. Yesterday morning I got a letter that looked quite important, for my first name/partners surname. I opened it and it was a letter from 'Collectica'. it appears that one of the letters that I sent back may have been a court warrant and a decision has been made in 'my' obvious absense. My question is..can they legally enforce this? Given that they, and the court, along with the TV license people have the wrong name for me? It says on the letter that if the name and such are wrong, to send a copy of the households council tax bill. But on the CT bill it will say Vicky R******* and G**** F*******. Whereas the person they are looking for is Vicky F******* I am absolutely baffled as to how they have put my name and my partners name together for this bill, without either of us ever speaking to them. I really am.
  18. Hi There About a month ago I received a copy of my credit file from Experian via a free trial. I got into financial difficulties in 2005 and defaulted on various debts. None of those were listed on my credit file even though I paid all debts in full by late 2009 and I also finished paying a Barclay loan in December 2012. Today I have just checked my file and have been shocked as information has been added to my file with regards to some of these debts. My main issue is with the Barclayloan which is showing up as still being in default from 2011 even though I have paid this debt in full. I spoke to Experian with regards to this and they are saying because Barclays logged the account as being in default in 2011 this will stay on my file for the next 6 years. I explained to Experian that I have a copy of my original default notice, dating back to December 2005 and Experian are saying that you cannot have more than 1 default notice for one debt and that I need to get this corrected. I am currently at the beginning of a mortgage process so what do I do? Tried to call Barclays this morning and getting fobbed off. I also have an entry from CL finance who I paid in full in 2009 but is saying that I've made 6 late payments in the last 6 months. Any info greatly recieved as I'm in a blind panic.
  19. Hi guys Long story short: - Had a dvla fine for non payment of tax on a car i'd scrapped - Was in process of applying to have case reopened as I moved shortly after scrapping car - In the meantime bailiff turns up demanding £567.67 for £80 fine - Paid in full on the spot, not going to risk my stuff being moved Yesterday found out the case was heard (and therefore any warrant issued by HM Court) using a date of birth exactly 20 years different to mine. For arguments sake 01/01/1956 instead od 01/01/1976. My V5 and DL were/are in the correct DOB. Is this a reason to have this quashed? I'm NOT trying to avoid a legitimate fine! I have paid a fine I should never have been given and will take any technicality to get it back!
  20. Well, I know I keep banging on about PPC's getting smarter, but it's good to know the opposite is true as well. A completely new "offence" has been invented, as a complete opposite of a parking charge. I saw a sign today, as I passed through a town, which was a "no parking" charge. On a small trading estate/shop front, serving a single shop, with a sign saying "No thoroughfare" and words to the effect pictures will be taken, and a charge of £70 will be made. On a sign visible after you turned in, and had to continue past to leave again. So, you drive in, to a shop premises open to the public, and if you don't park, it's 70 quid! If you park, it's free. And it doesn't lead to anywhere, it's just the front of the shop. So it's not even a thoroughfare. And the best bit of all- it's on a 24hr drive thru! Which also isn't a drive thru, as you have to stop, and go in the shop, which is only open in the day, not 24hrs. The drive thru bit is an out of hours drop box, that needs to be pre arranged. I didn't entirely see the name on the sign, but I believe, it was these. http://www.britishparking.co.uk/News/bpa-terminates-membership-of-vp-parking-solutions So, not a member of the BPA, (how do you get thrown out) so can't get the RK details from the DVLA, - or can they. It's not a parking ticket, it's a not-parking ticket!
  21. Hi, first post - sorry if its in wrong place! I was rejected for a Santander current account and they suggested I ask with CIFAS, Experian, Equifax, Synectics, Callcredit and N Hunter. I applied online for Equifax and Experian and sent postal applications to the other four. Equifax and Experian have come back and there are a few things to clear up, but mostly seems right. HOWEVER, I got a letter from CIFAS addressed to a similar but different name, and one that I certainly haven't given them or given anyone as my own name. Basically, I am Jonathan and the letter was addressed to John. I sent copies of my driving licence and passport, so they definitely have all the right details for me, but they have requested an original proof of address. How can this have happened? Does this mean they have a record at my address for this fictional John (None of my family are called John) or is it an error of some sort? What do I do? Obviously I need to bring it to their attention, but how? I've never been in touch with CIFAS before this week.
  22. Hi all, I have just received a parking ticket whihch I am appealing against, and have just noticed that the wrong road is on the parking ticket. I was parked on Furzedown Drive and the ticket says Furzedown Road. Do any of you know if the ticket is void? It also says that a photo was taken, does this affect it? Any help will be much appreciated! Thanks Rebecca
  23. Just been sold a car by the Sheffield car company which had no tax. I was an idiot and so I could take the car on the same day I said I would sort the tax. Turns out it has not been officially swapped from a previous private vin. The result is the mot doesn't match the car. The dvla won't tax it. I could apply for another log book but that is 6 weeks without a car and without the cash to do anything to get myself mobile again? What rights do I have? I just need transport, it's essential for work. I'm not after compensation just don't want to be stranded or have to pay for a hire car for six weeks.
  24. I have a bit of a conundrum with regards to a missing PCN and NTO, plus their website showing the wrong car. I will give you the run down, please be patient I have a motability car and I have a designated driver to ferry me about when Im not well enough to drive it myself, They take the car home which they are allowed to do with in a few certain radius which is ok. This particular driver lives in a permit zone, so he calls up Parking Partners and lets them know, they tell him that its fine to use his own permit and that they will inform the local Traffic enforcement team that this is permitted. No problems, I am now able to drive myself so the car is back with me. I get an NTO yesterday basically telling me that I now owe £50. Im a little confused at this as I wasnt aware and neither was the driver aware that a PCN was placed on the car, this was in the road where the driver lives and was issued at the time the driver had the car. I can make representation with regards to this NTO on line via their website, so I did. It shows photo of the car and where the contravention happened. When I looked at the photos, it wasnt my car, the reg was no where near what mine is and the car, although the same colour as mine is a totally different make, plus the car is parked in a different road, two roads down to where my car was parked. It showed the tax disc of this car, plus a CD on the dash and a photo showing that a PCN had been placed on the car. There are about 7 photos and one is of the sign stating it is a permit area, but this was also in a different road to where my car is parked. However the last photo is my car but taken at a distance where a permit can barely been seen in the front screen on the drivers side where it is meant to be. No PCN on the car showing at all. The car was not parked there unlawfully. I have made the representation, but Im not quite sure if they can make me pay the PCN at the £50 or if at all based on them showing the wrong photos. Can anyone throw any light on this please. This parking company is council run and not a private firm, however they have been making many mistakes lately.
  25. Hello hoping someone could give me some advice, I stupidly took out a loan with CFO a few months ago but I lost my job so was unable to repay it, I contacted CFO numerous times on the phone to set up a payment plan but was always refused and was told I need to make payment in full to prevent legal action. Last month CFO offered me there resolve product to wipe off the current interest I have on my account and I thought this would be great that way I can avoid over £100 in charges, but the problem is when I applied there stupid staff put my account number in wrong so my resolve loan amount was sent elsewhere, after waiting 10 working days (ringing them everyday but no-one seemed to no where the money had gone) they finally received the funds back. I was then told I would need to re-apply for the resolve product so I could have the interest removed from my account, I re-applied and now CFO are stating I no longer meet there lending criteria!!! And I'm liable to pay all outstanding charges on my account by my payment date of 31/5/13 I have wrote a email of complaint to them but doubt if that's going to get me far, is there anything I can do about the interest I was told I can have taken off ?
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