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  1. I have had bad right flank pain for 10 weeks, moderate right flank on and off for 10 months Monday I had my cholecystectomy apologies for longish text, just need to get full detail down I met with two consultants on private medical recently. The 2nd doctor (Dr A.) took swift action and with issue of HIDA scan, established I had diseased gallbladder with 12% ejection fraction Now, the first consultant I met with (who I had seen previously on two occasions this year for liver check ups), took the attitude and I quote 'I am a thorn in his side', his exact words to me when examining me for my chronic right flank pains, nausea etc at the time because I was so spaced out I did not think too much about it, but then he seemed to get frustrated, not bothered to do anything about my diagnosis. He said 'we can do a thousand tests, but...' he then stopped himself in sentence, kind of put his head in his hands. I did not want to to do a 1000 tests, only one would have sufficed essentially the vibe of the consultation was strained, he seemed to get very stressed and annoyed with me. Like I was just this pain in the rear, and I got the feeling he would have been happy if I just left him alone with hindsight I should have demanded a HIDA scan there and then. cutting long story short I side stepped this 1st doctor, found a specialist in gallbladders (Dr A.) at same private hospital who took immediate action. Trouble is I was referred to first doctor (Dr S.) from my surgeon who took polyp out from my colon last December this first doctor's attitude cost me 4 weeks delay in getting diagnosis, operation. I realise in NHS world this time scale is nothing, but this is private medicine that I am paying for 1st doctors bills have arrived in now. I feel like writing to him and saying look, your inaction cost me weeks of delays, and 100s of extra pounds. I want to say to him he can have his money, say half first, but does not get rest until I get an apology from him for his attitude toward me. This doctor is on 200k per annum, no problem with that, but his attitude was at the time unacceptable and referring to me as a thorn in his side was totally unwarranted in my opinion if you were in my situation would you write to him as I want to and complain? ok, we all have bad days, but this is private medicine. I had only seen him twice before for different reasons, routine MRI on liver. I did present all my symptoms to him clearly for right side pains, and my GP conducted a positive Murphy's sign test on my gallbladder which this first doctor totally ignored. This was put in writing to him from my GP, asking for swift action. I was losing weight terribly fast too, nausea, headaches, right shoulder pains, right back pains. Nausea after eating fatty foods. This Dr S.'s response was to suggest it was some kind of muscular/skeletal problem His impertinence and lack of willingness to carry out tests I think would have bothered most people I have no need to see this Dr S. ever again. I would not trust him now with a knife and fork, let alone a scalpel if you say don't bother, move on, then that is fine advice, but please no heavy negative replies, I only had operation Monday, I am already very bruised
  2. Hi, I was wondering if it would be possible to get some advice please. Late 2011/ early 2012 (sorry I can't remember the exact date) I took a loan out through Providemt for about 300. I paid weekly to the lady collector who arranged the loan and then a new collector started working for them and I continued to pay him weekly (for about 4 weeks) until late mid 2012 when I was moving to a different county. At this point I paid my balance to the collector in cash as was the arrangement and moved away. Over the past few years I would occasionally get a 'debt' letter from Lowells which I queried with them the first time then ignored as I believed it to be just an error. However this morning out of the blue I received a claim form from moneyclaim.giv.uk asking for 464.94 plus 85.00 fees. They haven't put the original date of the loan in the particulars just a date 29/08/2014 which is when they say they took on this 'debt'. I really don't know what to do. I don't see why I should pay twice but as it was five years ago I don't have the provident payment book to prove the collector took the cash. Any advice greatly appreciated.
  3. Hi all, A 78 year old good friend was due to fly back home to Austin, Texas, via Houston on Wednesday. Singapore airlines would take him to Houston and then United were due to take him to Austin. His flight were cancelled so I contacted Singapore and they agreed to pay for BA flights tomorrow from Manchester to London and then on to Austin, which is great. However, they have refused to reimburse him for his accommodation and food costs. Is this correct, please?
  4. There is an electrically operated gate across the entrance to the development which can be opened via a key pad on the outside or a button on the inside. There's also an emergency release lever for if (when) the gate fails. The management company have put a padlock on the emergency release lever so it can't be used. Their argument is that it's use may cause damage to the gate, which supposedly will only fail in an open position unless there's a power cut. As a result, when the gate failed whilst closed on Saturday night one resident was trapped outside and had to book into an hotel and everyone else was trapped inside until someone cut the padlock off the next morning and opened the gate, without damaging it. My engineer hubby thinks it's unlikely that operating an emergency release lever would ever cause damage, so are the management company talking c**p and just using this as an excuse to get us to pay extra for their emergency service, who would have the combination for the padlock? There's no manufacturer name or any other details on the gate or any of the controls, but there is a warning notice directing pedestrians to the (imaginary) pedestrian access!
  5. Hi there. I want some advice on what to do next and will start from the very beginning so that I have all the details in the right order. Over a month ago my Dad and myself worked with companies that can help you claim back PPI, we went with different companies and never heard anything back. I only have a credit card but my Dad and my Mum (who has passsed on) had a lot of loans and a mortgage about 17 years ago. This was cleared off in 2009 and the loan was with Blemain Finance. my Dad had a lot more than me. Unfortunately about 3 weeks ago my Dad had an accident which required him to be in hospital for just under 3 weeks about a week into his time in hospital my sister got a letter that was addressed to my Dad but it was her address on the letter and she said in this letter there was a lot of charges and money owed back to my Dad. One was over £200 and then there was another sum of over £300 so altogether it was over £500. I mentioned the name Blemain Finance because for years I know my parents paid them for the loan they had for the mortgage, it's the first name that came to mind and my sister said yes. Unfortunately my sister cannot find that letter now but is still looking to try and find it. I don't want my Dad to lose out on this letter I called the PPI company that was in charge of his claim and they said they knew nothing about it, they had heard no word from anyone and they actually never contacted Blemain Finance so they can't explain it at all. They just advised to wait and perhaps another letter would be sent out and whatever letter or offer was sent would be sent to my Dad, they said they wouldn't know about any kind of offer that was offered. I then asked for advice on another forum and a kind member of that forum directed me to here because I have no way of contacting Blemain Finance directly and I can see on this forum that other people are having this same trouble too. I can only go from memory, I'm sure the Bank of Scotland/Halifax were involved in the mortgage too, I think in 2009 a good 18,000 was owed and paid to them. My parents sold their house and I know that £18,000 was paid to clear the debt with Blemain Finance. I've no idea what was paid over the years. My Dad says it was a good 17 years all in. Can anyone advise me on the best steps to take from now on? My sister did say yes it said Blemain Finance on the letter but obviously I never seen the actual letter, it could have been another company acting on their behalf. Also bare in mind that the debt was cleared in 2009, the £18,000 was paid but I've no idea the total paid for all those years prior The offer was over £500 but with all that money paid to them and some of the horror stories I've read on here I can't help but feel that there could be a lot more owed to my Dad. What would be the best course of action for my Dad to take to not only see about the £500+ owed but to see if that sum is actually right and if more money is owed to him. If anyone can give me advice on what to do and how to do it I would be very grateful. The only thing I can't explain is how the letter was sent to my sister's address. What can we do to not only contact them but to see if over those 17 years and what my parent's paid and if there is anything owed back to my Dad? Thanks
  6. Hi all, I'm new to this forum and hoping for a little bit of help and advice, if possible. Briefly, I owe cira £20k on credit cards and loans. All were taken out within the last 2 - 3 years and, as yet, I have not missed a payment on any of them. The breakdown is as follows: Nationwide Loan 8k (taken out 2015), Nationwide Credit Card 5k (taken out 2014), Virgin Money Credit Card 4k (taken out 2016), Sainsbury's Bank Loan 3k (taken out 2015). Like I said, to date I have not missed a single payment on any of the cards/loans (I'm frightened to do so) but due to a big change in circumstances I most definitely will be missing payments soon. I suffered a heart attack a couple of years ago and have been struggling in my job ever since as it was a very physical. Unfortunately I had to give it up in June this year as it was affecting my breathing. At the time I lived in England but moved to Northern Ireland to be near family last month and for a new start and less stressful life. I am not currently in employment and as yet, I have not tried to claim any benefits (I struggle with that concept). Up until now I have been living on what little savings I have but these will be exhausted in the next few weeks. I've read through a lot of the threads on here but am getting very confused. I guess what I am asking is for some advice on what to do first. Should I let the debts default? Or should I contact the lenders now, before that happens? I'm in Northern Ireland so I know the rules regarding debt is slightly different. Any advice would be greatly appreciated. Thank you. Worried51
  7. Complaints to energy companies research report 2016 Publication date 22nd September 2016 Information types Reports and plans Policy areas Domestic consumers Electricity - retail markets Gas - retail markets Show Related links Ofgem publishes bi-annual survey on how suppliers handle complaints Latest data on volume of complaints 2014 wave of complaints handling survey Every two years we commission independent research to see how satisfied energy consumers are with how suppliers handled their complaints. This report produced by Quadrangle is the fifth survey we’ve undertaken. This survey is conducted within the context of falling complaints numbers. Data on complaints to individual suppliers shows that the volume of complaints is down significantly since 2014. Information from here >> https://tinyurl.com/ya6behjz Go to the bottom of the above link to read the open letters to each CEO of the big companies...
  8. Hey guys, was wondering if you could give me some advice on whether I've handled a used car situation, as after putting it off as much as possible, I've been given no other choice but to take a car dealer to court 8th December, me and my girlfriend traded in her Corsa for £400, for a Polo plus £500 cash (£900) total. The dealer checked her car, and had access to it for about 4-5 hours. I test drove one car, which broke down straight away, then test drove a similar but more expensive one, but only at 30mph up and down the local road. I refused the £50 Mot offered (Had 4 months left), as I have a very trustworthy garage that I wanted to take it to. As soon as money changed hands, the car cut out when I drove it out, to which the dealer said it was just because the car was parked on a slope and it's just the petrol and would be fine after putting some petrol in it. despite driving 15 mins back to my home, and putting in £10 petrol, the car kept cutting out, whenever going over speed bumps the car would make awful scraping sounds. when I took it to my garage they said there were two minor problems and an oil leak from the sump pan. They said the dealer illegally sold me the car, and that they would have to fix these problems straight away. Dealer argued the case, but eventually accepted that they needed fixing, and booked me into his local garage. 5 days later i took it to his garage, and when the work was done the mechanic denied that he was even told to look at the sump pan, and that he wouldn't look at that until the dealer gave the go ahead (he did fix the 2 minor problems again, contacted dealer, who reluctantly said he would book it in, to which was another 5 days away. When car was taken to garage, he kept it for a few days, and finally rang us to pick it up, but it was still cutting out while driving. due to it being Christmas, it took just under 2 weeks to get it checked by my garage (5th January) to which they said that it wasn't fixed, and that I need to take it back. Again contacted seller who arranged it for the 9th (a day after a month of having the car). On the day I was unwell and my girlfriend didnt feel safe driving the car, I text to cancel, but then the dealer started ignoring us. I tried ringing but no avail. i gave it a few days and then text him again to say that I wasn't happy with the car and would like a full refund. No response. spoke to citizens advice, who said send him a recorded letter. Which I did. But again no response, i text him saying if i dont hear back I will take it to court. Thats when he finally responded saying that it's my fault for buying a used car, and that he won't be giving me a refund and that I can take him to court but to let him know in advance. There's been a lot of back and forth between me and him, but the only thing he's willing to offer is £400 refund as he says the Corsa I traded in had a Head Gasket problem and it's cost him £480 to fix, even though I was not aware of this problem, and he had ample time to check and reject the trade in on the day. He's also listed the car without saying that he's fixed it, but is saying he's fixed pads and discs, which he never mentioned to me. I offered that he could have the Corsa for free, but the minimum I would've taken was my £500 cash back, to which he declined. Now I've applied for small claims court and am claiming over £1200 as I've had to keep the car insured and taxed to keep it on the road as I have no where else to store it I was debating whether to claim for traveling costs, as the car was bought to travel to football matches but I've had to get multiple coaches and trains on the day Do I have a good chance of winning?
  9. Hi Guys, I want to apply for a 0% credit card to do a balance transfer but a couple of days ago I viewed a property that I want to buy with a buy to let mortgage. I already own several BTL properties but my concern is about applying for both within the same timeframe. I was wondering how long it takes for credit applications to appear on our credit file? I would like to apply for both this coming week.
  10. For years I have been struggling with debt but I got in contact with payplan and applied for a DRO. All the paperwork was set up with all my debts on. Council tax is with Marstons. I then received a letter from Rundles saying they were recovering council tax. I thought the council and changed agents and now everything was with Rundles. I informed payplan and they amended the paper work. I was just about to pay the £90 fee when last week while I was in bed asleep after a nightshift. An Enforcement guy...tapped on the front door and walked in scaring the life outta my partner who was in the living room. He demanded that I pay £420 or he would take my living room items away (tv dvd player units ect) Tried to explain that I was paying my DRO fee at end of week. He was having none of it. I was scared and shaken up...I did not receive notice that he was coming. I didn't have the cash and he was adamant he was not leaving till I paid £420 or take my goods. I made some calls and manged to get about a months wages from my boss.( Agreement from boss that I pay from my wages straightaway which means at the moment i don't have money coming in to live on) Anyway I paid him and got a receipt. He was now arranging a payment plan for the rest. I told him I couldn't afford anything but he was insistent...All I wanted to do was to get him outta my house so I agreed to 20 a week. He made me sign what I thought was the payment plan but in fact was a control of goods I later noticed after he left. He also left an envelope on table which had inside a notice of attendance letter dated that same day in pen with a stamped date of the warrant for the following day. I got back k in touch with payplan who advised me that now that I had signed a control of goods order the council tax can not be included in the DRO. I am mortified as council tax is the main debt. I am now ready to pay the fee but holding back as I don't know what to do or where I stand. Oh and to add it,2 days ago I've received a letter from Marstons warning of a notice of attendance... Now I thought everything was with Rundles. I have checked the reference numbers and it's all from different years. Confused and scared is not the word!!! I don't know what to do. I am finally facing my debts and this happens a week before my DRO is finalised
  11. Apparently Falcon Management Services Ltd have had their membership of the Credit Services Association terminated.
  12. Hello all, I was hoping someone here can help me regarding this issue. I took out a loan in 2011 with a Credit Union in Scotland. They have defaulted my credit file with the wrong info, including amount, default date and address. I've had both the ICO and FOS involved in this matter and am now tearing my hair out to get it resolved. A high level timeline of events: In August, I contacted the CU about the default and they gave no indication that this would happen. It was also not reported for 4 years after the fact. In September, I paid outstanding amount. They told me the default would be settled and closed. In October, wrote a letter and called the CU several times. They told me it would be marked as settled by November over the phone, no formal response. In November took to the FOS, couldn't do anything without a final response letter, until 8 weeks had past, and my letter was ignored by the CU. In December contacted the FOS and they sent a letter to the CU. In Jan, followed up with the FOS. Their letter had been ignored. They called called the CU. In Feb, they finally respond to the FOS stating the default was sorted and the FOS sided with them. I responded with a copy of my credit file and told them this was not the case (felt bad for the Girl totally deconstructed her email with DPA legislation etc, she clearly was worried in her response to me). The FOS, as part of the closure, say the default was fair to be recorded after 4 years.. .. guidance from the ICO states 3 - 6 months. I also complained to the ICO. However, the FOS reopened the case because the CU hadn't sorted the default. In March / Apr, Information gathering by myself, the FOS and Experian. In late April, FOS sides with me and awards compensation. ICO finally assign a case advisor. In May, wait two weeks for the response, then the CU say not happy with that, escalate within the FOS and I need to wait for an Ombudsman to be assigned.. .. as it was an investigator who made this decision. Today, ICO respond saying that they can't uphold the complaint as they deal with the org and not the individual, but are willing to be communicated further information. Email in progress.... but they also notify me that CU's aren't regulated under the CCA. So my questions really is... the distress this has caused has been over 9 months. I can't get a new car (which I could lose my job over), I need to sort out the Mortgage for my current residence (which means I could lose my home) and in all honesty I've spent hours on this. What can I do? The FOS is saying it now may take the ombudsman a while to respond. Bringing this whole incident to 10, possibly 11 months. The other thing I'm unsure of is if the CU isn't regulated by the CCA, what can actually be done? How can this be fair processing of consumer data? Thanks in advance and sorry for the long post!
  13. I used to send complaints to the OFT, Consumer Credit Fitness Department, now everywhere just seems to refer you to make a complaint to the Debt Collection Company themselves, then after months of waiting for a final response go to the Ombudsman. Can the Ombudsman fine them, revoke their license or order them to comply with something? If not, who can now the OFT isn't dealing with this? Who monitors if they are behaving lawfully and in accordance with their license terms etc.? I have found the Ombudsman to be a joke in the past and they usually just return everything to me and tell me to wait for the company who is ignoring me to reply. This is no help. Can local Trading Standards do anything? They usually fob you off and to go to the Ombudsman too. Maybe the local MP can do something but we don't have one now for 3 weeks. I am not seeking compensation. I want someone in Authority to be informed as to how the DCA are behaving and adding fees unlawfully to accounts and other dodgy practices.
  14. Hi all. A long story cut short - over the last few years I have never enjoyed picking up medication from our local Doctors surgery, which is a small branch of a bigger surgery, because of the awful service that you have to put up with - very slow service, pills almost always being mislaid or sometimes not being able to be found with a request to 'come back later'. I finally had enough last September when a I was waiting for over ten minutes for an employee to find my pills when I was in a rush as I had a busy day ahead of me, I phoned the main surgery to question why this was always happening and spoke to someone (let's call her 'J') in the position to deal with complaints. She advised that to make 'the board' aware of any issues, she needs to receive the complaint in writing. I explained that I was recovering from concussion and that my concentration levels were quite poor and asked her to pass on my concerns to them. She said again how if I was serious then she would need it in writing. I asked what would happen if she didn't receive it and she said that she would deal with it informally and I got the distinct impression that she was trying very hard to persuade me not to put it in writing and that she wouldn't deal with it. This did the trick and I never got around to completing the letter and ever since then I've always thought what an effective filtering system it is because rarely do people actually sit down to write letters these days. Unfortunately, due to the effects of the concussion and other issues, I never did complete the letter of complaint. During December I attempted to make contact with her manager (let's call her 'S') because I felt frustrated that J had effectively stopped my complaint from being passed on and still the local surgery was awful (I was in a line of people who were all saying similar things to "It's always like this"). Getting hold of her manager was extraordinarily difficult with various promises of a call back never materialising. Finally last week I rang the surgery and asked the receptionist to get S to call me back as I would like to complain about how 'J' dealt with my verbal complaint. Finally S left a voice message saying how she had heard that I wanted to speak to both her and 'J', which I found a little odd. Just now, I finally got to speak to 'S' on the phone. She explained that 'J' was listening in to the call. I asked for a meeting next week. S said that next week was not possible but whenever the meeting does take place then J will be present. I stated how I believed that being as part of my complaint was about J then this would make things quite awkward and uncomfortable for myself. S insisted that J would have to be present so that they would both hear what I had to say. S did press me for what my complaint was about and I explained that if she were to look at J's notes (that J promised me she took at the time) then she would know exactly what this was about (at this point I was suspecting that J never did take notes on my complaint and just let the matter slide) Although I persevered with getting a meeting with S in two weeks' time, she again insisted that J be present. My question is, is it the norm when making a complaint about someone that they be there whilst you are making the complaint? If it is, then so be it, but I am curious. *Sorry for the length of this, I guess I didn't cut it short after all.
  15. Why take any dispute to the Ombudsman , is it worth the trouble? For the 3 time of trying to post this reply but worth reading:- Rights of Entry (Gas and Electricity Boards) Act 1954, The Gas Safety (Rights of Entry) Regulations 1996 In a genuine dispute there are no rights of entry(i.e magistrates warrant issued), however I would also caution health and safety matters if its a gas leak. if electricity meter dispute The Electricity Act 1989, The Utilities Act 2000 Note schedule 7 of 1989 act and schedule 5 of 2000 Act, an electric meter cannot be removed until a dispute is resolved. I did provide links to laws but the post is not going through. Hope this helps you and others. Mike
  16. Hi, I have been left rather confused by an ebay transaction recently. I have been ebay-ing for 10 years or more. Basically I won a samsung galaxy s6 edge+ spares and repairs. It had screen burn. I knew samsung would fix it under warranty and they have done. That is not issue as such. The ebay seller I got it from is a on-line cash generator type pawn shop. My hubby didn't realise that at time of bidding. I asked the seller if he'd done a Checkmend report before I paid for the phone but after I'd won it. He said 'No'. I paid for the phone and did my own Checkmend report the day I received it. The Checkmend report revealed a red Asset Watch marker. For those who don't know what a Asset Watch marker is, it means that the phone may be owned by a company and may be under a Hire Purchase agreement. The company who own the phone is Brighthouse (Checkmend contacted them on my behalf). Brighthouse's Fraud department has been in contact with me and have told me that I don't need to return the phone to them, at this time. I know that potentially that the phone could be become blocked in the future and if that happens, the Ebay seller will accept it back and I will get a refund. I am certain that the phone was not stolen and given to the Ebay pawn-broker. I guess that person who had it under Brighthouse HP agreement pawned it for cash. I am thinking should I keep phone or not ? I have done nothing wrong. I don't mind giving up the phone but Brighthouse are giving me no information. I have clearly asked Brighthouse fraud team under what circumstances would need to occur, for them to ask the phone to be returned ? I am still within the 30 days for Ebay protection and 180 days for Paypal protection. The tricky thing is that would require me to return the phone to the seller, which Brighthouse may not like as they own the phone. I don't know what to do ? Advice please. Thanks x
  17. Hi, I'll try to keep this short. Preface: So I am working for a retail company for last 6 years, and since summer last year I've been on an 8 hour contract to give me flexibility for my studies. I've been working for 25 hours a week for the last 4 months but now that exams and coursework deadlines are approaching I've asked to only work my 8 contract hours per week until they are over. I have been told by management that I need to give them 4 weeks notice as they have already done the rotas for the next 4 weeks and they can't be changed. I'm only contractually obliged to do overtime during December, all other times are optional. Question: Am I obliged to work the overtime shifts I've been given because they already put the next 4 weeks rotas up, or in the nicest way possible can I tell them I will work the 8 hours I'm contracted for within the availability I've given them, and refuse any overtime? Many thanks for your time.
  18. Hi, I'm in a regulated tenancy. The rent's just gone up. The council, who pay my rent (I was on ESA in the SG long term, now I'm on GPC), are now complaining they overpaid on the old rent. They are threatening to suspend my HB claim or get the alleged overpayments back, presumably by underpaying the existing rent till they think we're square. They aren't offering any evidence of overpayment, however. My landlords, who have contacted them about this by email and ccd me on it, say the council always have been and are paying the correct rent, and have briefly broken down how the rent is arrived at for them. The council refuse to accept their figures and insist they've been overpaying. I want to see evidence of what they've been paying so I'd like to do a SAR; to whom should I address it please? I have the details of the head of housing benefit and they'd seem to be the right person. Perhaps you could either confirm that or make a better suggestion? Many thanks, SWLABR
  19. Hi All, im looking for advice. On Monday 13th March a bailiff came to my door saying he had a warrant to enter and search my home with the intention of removing goods. I asked him why and was told that my son had an outstanding court fine for running a red light last summer some time and that it had not been paid so he was here to collect the debt in full or recover goods to the value of. He said he had a locksmith, removals van and the police on route but if I let him in peacefully and paid the outstanding amount he could cancel the police and locksmiths presence. I refused and said I would try to get hold of my son but he said it needed to be paid straight away and said if my son or myself could not the full amount of £561 within the next 10 minutes he would proceed with forced entry. After 15 minutes of trying to reason with him whilst also getting my granddaughter ready to go out and get my nephew from play school I said that if I found him in my house when I got back that I would call the police myself. Eventually he left leaving a card that said notice of intention to enter @ search your premises -removal notice and told me to ring him later that day to arrange payment. I told my son all about this later that evening and he says he knows nothing about any court fine and has not received any letters r notices in the past. On my return from the play group I did some research on line and found that he did have the right to force entry and remove my goods unless I could prove none of it was my sons, I tried to message him to find out which court the fine originated from and the exact date of it. He didn't reply. He came back yesterday morning with the same intention of removing goods, bringing a van, locksmith and police but this time he was able to get hold of my son on the phone and insist he pays the debt there and then or he would again proceed with entry. My son said that he had no knowledge of the debt, what it was for or when it was issued but to keep the bailiff away from my door he tried to negotiate a payment plan of half today (yesterday) and half next Thursday. This was refused he told the bailiff he would get back to him. The bailiff left after 10 minutes but said if the debt was not settled by 8pm he would be back before 9pm. Later my son told me that he had phoned the court and find out what he could do, he was informed that as he had no previous knowledge of the fine that he could apply for a statutory declaration and have the case reheard if he pleads guilty. What can I do in the mean time to stop the bailiff entering my home and taking my possessions whilst waiting to get the declaration and the court date. The bailiff as informed of my sons plan of action but insists he will be back today at some point to make an actual enforcement as he has already wasted 2 days here. What am I to do, im at my wits end, I have my 2 year old granddaughter here during the day and my 27 year old son who has a severe learning disability. Can some please advise thank you
  20. Last week I informed the dwp that I had moved in with my partner. they sent me an ESA3 10/14 form to fillout which I think just assesses financial eligability for the benefit. I know that due to my partners income and savings I will lose all benefit. The form is a bit confusing and I cannot get through to the DWP to speak to them as they are always busy even if I wait an hour on the phone. My queries are these: 1. It asks me if my partner agrees to my making this claim? My partner knows he has to give his details but isn't happy about giving his savings information and so on. He says he is not making any claim, which he isn't. 2. As I have just moved I am currently in the process of switching doctors, this will take a few weeks to do but I have to send the form back asap. Should I just put the name of my old GP or the name of the new surgery I will be going to even though I don't have a doctor there yet? 3. The form asks about work my partner has done since I made my first claim. My partner has always worked since 2002 and earned a good wage (he also has savings in excess of £30,000) however we were not partners then and I only moved in together last week. I am worried that by filling this in the DWP will say he should have been supporting me for the past 5 years even though we haven't been together that long and were only just living together now? 4. The form says they will tell me if I am not entitled to ESA they will write and tell me. I expect to not get any money but I am not better at all and would still like to have my stamp covered by being on the benefit, will this be ok? Thank you for your help!
  21. Hello, I owe roughly 15k, on credit cards and a catalogue. I've missed no payments so far and am managing to make all minimum payments with a little on top. The problem I'm about to have is that my financial situation will change in 8 months. I have a disabled daughter who will be turning 20, and the extra money we get at present will stop. I had hoped to get it all paid off before then, but that's not going to be possible. I'll still get carers allowance for her, but income support & housing benefit will be drastically reduced. I'm a single mother, so no partner to help me out. I'm worrying myself sick about it, and it's looking increasingly likely that I'll have to go bankrupt - from what I've read, you can't do a DRO if you're on benefits - and my daughters condition means that I'll be her carer for the rest of her life, so benefits will be all I have. We live in a council home, and I have no savings. We have a car, worth roughly 1.5k and a 15yr old but much loved campervan worth about 3k. Both are registered as used for disability, with the van being the main vehicle. Both are registered under the blue badge scheme. I know that I have bigger things to worry about, but that campervan is the only way we get to have some respite . My daughter is severely autistic and we use the van 2/3 times per year for weekends at quiet beaches. We can't travel by train or airplane, and the van allows us to make multiple stops along the way, should we need. Having the campervan also means being able to afford to even get away. The van is our only asset, so I know that we will have to sell to put toward debts. I'm just hoping there may be other options open to us that I might not know about, that will enable us to keep hold of it. My daughter loves that van and we've got so many happy memories from it. I just don't know how I could make her understand that the van has to go. If anyone can offer some advice, that'd be great. I'm struggling to sleep and eat with the worry of this debt.
  22. Hi everyone, wanting some advice for my sister. In January 2016 my sister bought 2 matching sofas from the Range online website. Everything was ok with the sofas until December 2016 when her husband pushed the sofa to make room for there Christmas tree. He noticed one of the sofas arms very loose, he had a look and notice a bolt had come away from the wood frame. She rang the Range and they said they would send someone from Homeserve to have a look at the sofa. A couple of weeks ago the guy turned up and promptly told her he was independent and didn't work for the Range or for my sister. I was at her house and also heard him say this. She explained that her husband had noticed the arm loose when he tried to push the sofa a few inches to make way for the Xmas tree. He examined the sofa and told her the range would be in touch, and left. On the 18th January my sister got a letter from the Range saying it's not a manufacturing fault that the sofa is damaged. It goes on to say the damaged was caused by the sofa been dragged across a carpeted floor. This isn't the case as my sister never used the word " dragged" ........ She has rang the Range and complained and as a gesture of good will they offered to collect the damaged sofa and give her a refund, only problem been is she bought 2 sofas so she is going to be left with one odd sofa. Does she have any rights as we both think this is out of order. The sofa should not be broken after 11 months of use, there is only my sister and her hubby using the sofa( children grown up and live away) Any advice would be most welcome, thanks
  23. Hi everyone . I want to thank everyone in advance and also apologise in advance - as I realise my questions are probably very common here, but I have very little time left and I am overwhelmed with so much info on internet , while trying to do my duties at work and as a father. Summary : 1.My debts are in the region of 4,000 for a loan, credit card, overdraft and phone account. I started missing payments in 2010 due to family separation and depression, stopped making payments and stopped contact with lenders in 2011. Meantime paid some sums, made some agreements, paid some money on those agreements, on some haven't, don't have good recollection , don't know if i owe some of the debts, if they are for correct amount, if some of them are statue barred, unfair charges etc. 2.All of debts are now being owned by various debt collecting agencies, sometimes changing hands more than once. some already started offering me full and final settlements of 50-60 %. 3. For one of the debts(Cabot, original overdraft from Halifax in region of 1000, now 1400) a court proceeding has started december 2016) -claim form has been sent to Northampton county court. Currently I haven't sent any form back to court, as i called the solicitors representing Cabot - Mortimer Clarke Solicitors LTD and they agreed to give me time until 31.01.2017 to prepare my expenditure form and make offer for repayment and/or full and final settlement upon which they said won't continue with court proceedings as it is up to them to request them. Unfortunately they refused to give me written confirmation of that (twice) which leaves me in a situation where they can decide anytime to request court decision and court won't even know I am in contact and agreement with them while issuing the order. 4. My credit report has inaccuracies- default dates are years more recent than they should be and one of the debt collecting agencies (Cabot) opened a new account with same default date and amount of original debt, but no markers that this is debt bought from original lender, which might lead to confusion this is different debt imo while accessing my credit report. What would you advise me in this situation? My first aim is to get relevant and accurate information on debts, so i know where i stand. Do I have the right to ask the dca for all the info or need to contact the original lender ? Does the dca has the right to redirect me to request the needed info from original lender or they are obliged to provide it as the new owner of the debt. Also templates I found so far are just for one issue or used long time ago. I need a template which requests original agreement, payments, any voluntary arrangements we had, so I know if i owe anything, different amount or if it is already statue barred. What should be the fee i have to pay ? What will happen if they cannot provide the requested inf o- will debt become unenforceable until they do ? Can I use that also to correct my credit report ? I am not sure what template to use for debt for which there is already a started court case - I am afraid that when i send that request to the dca in question they might instruct their solicitors to request immediate judgment. Thanks again
  24. This doesn't relate to a specific case, but may be helpful to the many people defending claims in court. If POFA is not followed to the letter, the only party that can be the lawful defendant is the Driver. While I understand the need to refer to the Registered Keeper in the third person in all communication with the PPC and their lawyer of choice, so you don't negate the protection you have under POFA, how far are you permitted to go in court to deny that you WERE the driver? There was a case on here just last week where a judge required the defendant to state whether he/she was the driver or not. If you say not, but you know that you were (or there is a strong likelihood that you were), are you committing perjury? How do you get around this (as civil cases need only to be proven on the balance of probabilities)?
  25. Over the past five years or so I have made frequent threads on the forum concerning complaints that were made to the court about bailiffs (Form 4 Complaints) and the many times that courts did not find the bailiff at fault and ordered that the person MAKING THE COMPLAINT must pay the bailiffs legal costs in challenging the complaint against him. The worst case that I reported about concerned a debtor who had been ordered to pay over £20,000 !!!! In April 2014 when new bailiff regulations took effect, a new complaint procedure was implemented and 'Form 4' complaint forms were done away with and a new form (EAC2) was introduced. Crucially, the new regulations specifically state that the court can make a finding that the person making the complaint can be ordered to pay the bailiffs costs. During October I received enquiries from THREE individuals who had been ordered to pay costs. In the worst case, a lady was ordered to pay £3,000. Another lady was ordered to pay £1,500 and a gentleman ordered to pay £900. Worryingly, in two of the enquiries, the individuals had submitted an EAC2 Complaint to the County Court where the bailiff was certificated on the very SAME DAY as the bailiff visit. It simply beggars belief that anyone would do this without first making a complaint to the enforcement company or creditor (usually the local authority). Worst still, in one of the cases (the lady who was ordered to pay £3,000), she was a SOLICITOR !!! In EACH case, the person making the complaint had not known that the PURPOSE of the complaint was to seek the Judges agreement that the bailiff was not a 'fit and proper' person to hold a bailiff certificate. If anyone considers that a bailiff has done something wrong, then the FIRST step should be to make a complaint to the company that he works for. If their reply is not satisfactory, then a further complaint can be made to the local authority etc If a bailiff has a complaint made against him to the County Court, he will know that the Judge has to consider whether or not to remove his certificate from him. If so, this will lead to his immediate unemployment. It is for this reason that the bailiff will ALWAYS have legal representation and if the court do not find fault, they can....and do.....order the complainant to pay these costs.
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