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  1. Its a long first post, but please bear with me...desperate? In 2001 i had a major epileptic seizure while at work, i have never had a seizure before and was taken to hospital.(where i spent the next 4 days) Over the next 6/12 months i was having quite a lot of tests done to see what brought on this seizure. In 2002 my wife and i bought our ex-council property,when we took out this mortgage we took out PPI i disclosed my illness which hadnt stopped me from working, and the seizures were now only partial and unfrequent there was no pattern to them at all. I was perhaps having maybe 1 or 2 every 3/4 months. When the PPI was taken out as i said i disclosed the illness, it was a fixed term of 3 yrs and they contacted the hospital and my GP for eveidence. However in late 2002 i was eventually diagnosed with a ''cerebral brain tumour of the right temperal lobe which was causing the seizures'' The insurers were made aware of this i think at the time i was paying around £62 per month PPI. In June 05 i had a call from my insurers they said my fixed term was now ending and did i want to contuine it, also had my condition chnaged at all. I said yes i did want to contuine it, and yes my condition had got worse. The reply was ..well as you havent claimed against this policy before there is no need for any further medical eveidence. But my premium was now going to be £65 per month, thats ok i said. My seizures were now getting very frequent and i was having 2/3 per week i was taken back into hospital for tests. Where lucky enough they caught this one on VT test and it showed that i was blacking out but having only partial complex seizures (not full ones). I was advised by the hospital to stop working and they would go for removal of the tumour (i was having regular MRI scans that showed the tumor was not growing , not cancerous, but was sitting on a part of the brain that was giving me seizures) and the removal of it was the best option, it was in a good position to be removed. Because my mortgage was taken out after 1995 i would have to wait 28 weeks before i got any help from the DSS. I wasnt unduly worried as i had the PPI...But they neglected to pay out!!! Their get-out-clause was A) It was a pre existing medical condition. B) it was a new policy? It wasnt a new policy i had just carried on the old one, and they knew of my medical history ...so what were they covering me for and why was it a higher premium? I went thru the Financial Ombdsmen/LLoyds back and fourth went the letters and then they changed the reason they were not paying out to: ''they didnt ask me to go for a medical i wasnt covered for the only thing that was wrong with me''?? Where can i go from here as to trying to get redress from either the insurers or brokers (was the policy mis-sold)? Anyway late 05 the mortgage company try to reposess and take us to court, the judge awards them 28 days? I borrow some money and employ a barrister who takes it back to court and this time we get a good judge who sees we have done all we can to resolve things and allows 3 months to sell the property, which we do in a week and are now in rented accomodation. We have a 17 old at college and a 13 yr old at school. When we were in court on the second time the mortgage company sought reposseion or £146k settlement. That was the figure they asked for. When we get the last statement after the sale we see they mortgage company have taken £156k, They say £8k on early settlement figure £2k on fee's. IMO an early settlement is the same as penalt clause in this situation (ie we were forced to sell) and therfore a penalty clause is NOT ENFORCEABLE in a court of law. I have now asked the barrister to look into this, he said the Penalty clause is NOT ENFORCEABLE IN A COURT OF LAW, but they are trying to get round it by saying it was an Early settlement figure, which they would be intitled to ''if i moved mortgage companys to find a better rate'' for example. Does anyone know of a case like this? What was the outcome? ANY help would really be appreciated, although we could really do with the money i would rather the barrister had in fees, than let the mortgage company have it!!! Thanks for taken the time to read this long post...appreciate it! well second like an idiot i posted in the wrong forum i posted under ''general consumer issues'' insted of looking at the site properly, so appologies to the MODS and other users of this board. please have a look in the general forum under ''repsosesion/PPI/early settlement'' I would really appreciate it if someone could take a look at for me or if the MODS could possibly move it to this forum. I never knew so many people had probs with gmac/eversheds llp (solictors) Thanks again all and i will update if i get some news from the barrister Three threads merged
  2. Hello chaps, I am afraid I got myself in a situation. I will skip the emotional stuff and try to be factual. I managed to develop an online shopping addiction, which resulted in high volume of returns to the stores hence security started watching me. I was detained on exiting a TKMaxx store on allegations of a theft (worth 35 quid) and fraud for replacing price tags on 2 items. Never had incidents or a CR before. I was given a 12-months store ban and the police was called to take details but still waiting for a voluntary interview date. I was told that the theft was not too bad, but the fraud bit is more serious. I am still deliberating between admitting and denying but a solicitor said it all depends on evidence, which will only be known at the police station. However, there is an additional problem with returning the existing purchases. I still have a number of items (receipts in date) to be returned as well as a few internet orders still unopened. I usually return the orders to a store, which is free. Returning by post will cost me quite a lot but I am not prohibited from doing so. However, I am trying to work out how on earth do I get refund for items bought in stores if I am not allowed to enter the stores? My OH is refusing to get involved fearing to be seen as a co-offender and I am too embarrassed to ask friends. Any idea what can I do??? We are talking a substantial sum here, not pennies, so letting it go is not an option for me. If I change my appearance and go into a different store, will my credit card get flagged up during transactions and I will be detained, or will the till get a call from security asking to put aside all returned merchandise for later inspection? In any case, there will be a breach of a ban, and that in itself is another offence? What on earth do I do???
  3. A motorist has hit out at Asda after she was 'charged' £99 before she filled her car up with fuel. Jade Louise claims she was debited £99 on top of her £5 petrol transaction at an Asda in Dewsbury, West Yorkshire and says there were no signs warning customers about the fee. MasterCard said the charge was introduced at automated fuel pumps so that customers didn't fill up with more fuel than they could afford - but says no money will be taken from their accounts. However Jade claims she was left out of pocket for three days. http://www.dailymail.co.uk/news/article-5703487/Customers-slam-Asda-charging-motorists-99-deposit.html?ito=social-facebook
  4. I recently won against PRAC financial in a claim they made against me for a disputed PDL. (The dispute is still awaiting FO decision). Exact reasons the judge quoted were no evidence of assignment of the debt to PRAC and no evidence of a Default letter sent. Also their default was in the wrong company name. My other thread regarding the claim... https://www.consumeractiongroup.co.uk/forum/showthread.php?484274-PRAC-BW-claimform-old-PaydayUK-PDL-Debt-***Claim-Dismissed*** Today I had an email about a change to my credit report. Turns out the change is PRAC reporting a missed payment. Considering I won the claim what do I need to do to them. I assume writing to them stating the judge ruled no default/assignment so they have no right to either use my data, make changes to my credit record or in any way deal with me. Then demand they remove all entries? Any tips/examples floating around that will guide me?
  5. Hi, I have recently been to the small claims court to claim £200 from an individual who owed for services I supplied. The defendant failed to attend and after a hearing, I was given judgment with costs. After 14 days no payment has been received so I went to instruct the county court bailiffs but was told this costs £150. Now I thought this seems a lot especially if they are unsuccessful. I decided to call on the defendant and suggest he pay me to avoid adding bailiffs cost to his bill. His was not interested and said bailiffs or not he would not be paying. What if any are my options. Thanks in advance.
  6. I hope someone here can give me some advice. I am divorced, living in the marital home which has a joint mortgage and a joint secured loan. My ex husband is living with his new girlfriend in her house and is making 0 contributions to either the mortgage or secured loan. I am currently paying the £1200 per month on my own. As I am the one living in the house with my son, my ex knows the mortgage company and secured loan company will lean on me rather than on him to make payments. I have been going on for 5 years like this with no contribution from him. My ongoing problem is I can't get him off the joint mortgage , (I can't remortgage on my own, due new mortgage lending criteria they say I can't afford it, although I have been paying it for 5 years on my own) Every 2 years when the current mortgage deal expires I have a problem getting a new deal sorted out as my ex is obnoxious and won't fully cooperate. He now says he won't agree to any new deal to force me on to the standard variable rate which could potentially mean I won't be able to meet the repayments anymore. So although he no longer lives at the property and makes no financial contribution towards it, he seems to hold all the cards to potentially make me loose the house, is there anything I can do ?
  7. I received a written warning at work without any hearing or evidence or disciplinary meeting... just the warning based on what some colleagues said. I raised a grievance as I felt this warning discriminated against me as I work in an all male team, I felt the complaint wouldn't have been raised if I was a male on the team. I also feel that the process would have been dealt with differently if I was a male on the team. They then dismissed me 2 weeks later after I submitted my written grievance. I'm trying to get an understanding of whether disciplinary action can actually be discriminatory or not? I've already put my claim into the tribunal.
  8. Debt management bosses banned after transferring half-a-million from own companies READ MORE HERE: https://www.gov.uk/government/news/debt-management-bosses-banned-after-transferring-half-a-million-from-own-companies
  9. 17-year bans for claims management bosses after breaching regulations READ MORE HERE: https://www.gov.uk/government/news/17-year-bans-for-claims-management-bosses-after-breaching-regulations
  10. Grave of a Seaforth Highlander rededicated 100 years after he was killed in World War 1 READ MORE HERE: https://www.gov.uk/government/news/grave-of-a-seaforth-highlander-rededicated-100-years-after-he-was-killed-in-world-war-1
  11. Car hire sites to provide full costs upfront after CMA action READ MORE HERE: https://www.gov.uk/government/news/car-hire-sites-to-provide-full-costs-upfront-after-cma-action
  12. Anglian Water pays £50,000 after water pollution incident READ MORE HERE: https://www.gov.uk/government/news/anglian-water-pays-50000-after-water-pollution-incident
  13. I have received a letter from B W Legal, stating that it is a `Discount Offer` to settle a PCN which they state has not been resolved. Their letter is in the usual format. Interestingly, they state that the contravention was dated 23rd June 2012, which I understand pre-dates the official inception date of POFA. I do not have any memory of this alleged event as the car was only in my name for insurance purposes and belonged to my son. As this pre-dates POFA, am I right to assume that if I state that I have no knowledge of the driver, especially after 6 years, they cannot enforce this?
  14. Bailiffs in at greater Anglia Railways after passenger sues for delays Greater Anglia sued by passenger over 'continuous' delays Full story:- http://www.bbc.com/news/uk-england-suffolk-43310621
  15. Hi there, I recently fell asleep in a services area because I was too tired to drive. I then received a Charge Notice from the lovely people at CP Plus. Below is the relevent information for my case. Any help would be very greatly appreciated. 1 Date of the infringement 11/2/18 2 Date on the NTK 20/2/18 3 Date received: Didn't note, just screamed profanities. 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? No, it mentions the Data Protection Act. 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? I sent this email to MOTO which they kindly forwarded onto the appeals email. Good afternoon. My name is ..............., I am writing to you because I recently received a charge notice from CP Plus. I work in the railway and I was working at an area called Grately. I was driving back to Leyton in London where I live when I became too tired to drive and pulled over at the services area in MOTO Heston Services. I remember I was around 45 minutes from home at that time but I was just too tired to continue safely. I fell asleep almost straight away and woke up leaving the services area and overstaying by 32 minutes. I’m just an honest working guy and felt it was dangerous to continue driving. I’m appealing to you to please cancel this charge notice as it was an sincere mistake made in the sake of safety. he notice reference number is ................... I can supply any other supporting information that you may require to verify my case. Thanks for reading my email and considering my situation. Kind regards, ........ 7 Who is the parking company? CP Plus 8. Where exactly? MOTO Heston East I'm looking at an appeals template and it has this as a possible argument in it: Your Civil Parking Notice constitutes an invoice for payment. Accordingly your invoiced charge must include an element of VAT. However, your civil parking notice does not state either a VAT registration number or an invoice reference number and so cannot constitute a lawfully valid demand for payment. Any success, with this approach?
  16. Hi My sons moped was written off after a van reversed over it - non fault He has been receiving letters from his insurer asking for the outstanding premium to be paid, I havent been in this situation before and unsure of - If the remaining premium needs to be paid If the at fault party should cover the unpaid premium is there anything I should be doing instead Thanks in advance for advice
  17. Hi I'm hoping someone can help me My car a citroen grand Picasso 2010 was in the citroen garage a month ago to fix the boot whilst in they advised it had an oil leak and diesel leak and a belt needed changing they did the work at a cost of 1700 ive split the payments so payed 425 so far the next payment is due in two days. Less than three weeks after this work was done I was driving back from a day out for my son's birthday the first time the car had been driven over 60mph for longer than 10 mins. The car had done less than 300 miles since being in the garage. Anyway the car started making a funny noise and about 30 seconds later it came up stop oil pressure and I pulled straight into a layby and switched off the engine. The engine fan was still going and white smoke coming from it. I phoned RACand they towed it back to citroen. The car wouldnt switch on at this point even after he tried to jump it. After they looked at the engine they said it was nothing to do with the work they did however it may have contributed as now the top engine was fixed it would put pressure on the bottom. They offered Labour at half price to put in a brand new engine for 6500. The car is worth 4000 tops really. So now I'm stuck with a car that won't work on my drive and a 1700 bill. Is there anything I can do?
  18. British Gas owner Centrica says it will shed 4,000 jobs by 2020 as it announces a big fall in operating profit. The group said that it was chasing savings of £1.25bn per year by 2020 and that this would likely see a "reduction in like-for-like headcount of around 4,000" by the same year. Some 65% of of the savings will be in operating costs and around £350m will be in the consumer division, which will see "further digitisation". There will be a further 1,000 roles created by 2020 across three departments, however. The announcement came as the firm reported its full-year results to 31 December, which revealed a 17% fall in group adjusted operating profits to £1.25bn. Centrica's group chief executive Iain Conn described the firm's financial results in the second half of last year as "weak", and said that political intervention in the UK energy market was a major factor. https://uk.news.yahoo.com/british-gas-owner-centrica-significantly-reduced-profit-uk-075600459.html
  19. Hi, I wonder if anyone could clear things up for me, I purchased a used car 5 months ago which broke down yesterday, the steering lock is electronic and will not disengage meaning the car won't start. I had to have the car recovered to home as it was in a pay and display spot. It is my understanding of the CRA that if a fault occurs up to 6 months then the dealer has to offer a repair or replacement. They said there was a 3 months warranty and that's that. Upon ringing the dealer today, they told me to book it in and it will be chargable. Recovery has already cost me 200 and dealer prices for the repair could run to a new steering column which would be astronomical. I bought a car with such low miles to avoid any unwanted repair costs. I'm 33 weeks pregnant and need the car to get to hospital every week as its a problem pregnancy. I have now had to hire a car just for this purpose. The car is only just over 3 years old and cost me 10000 pounds. And I have covered only 2500 miles in it. I am now unsure of my next step, I have car that won't run and can't afford to fix right away, and the dealer's stance is that its chargable even though the CRA says otherwise. Please help! TIA
  20. I was offered a sales/ admin role for a company near me last year. advertised on indeed as a full time permanent position. nothing in the advert stated self employment. gave p45 from last job, NI number, passport and bank details. paid by bacs every week @ £260. the arrangement was for commission to be paid on top also but did no happen due to lack of business. part of my role was to drive to businesses in my own car. the owner gave me cash everyday for fuel despite asking for it to be placed in my account. after 2 months i became concerned that i had not had any payslips or a contract so approached the boss. He informed me that i was on the books as a self employed administrator/ sales consultant and i would need to prepare him invoices for the past 8 weeks. informed the owner that this was not how the job was advertised online and i expected to receive payslips and a contract. on the way home, received a text message saying my attitude is terrible and my services are no longer required. upon closer inspection, i realised he was paying me from his personal bank account, not the businesses. As far as i am concerned i was mislead in believing the role was full time and permanent. i trusted the owner of the company to prepare all the paperwork and i submitted the appropriate information for him to put me on the books properly. i am now concerned that i will be chased for the tax i may or may have not paid to hmrc. i dont plan to make a song an dance about it.i know i should have asked for my contract earlier. i have learned a valuable lesson from this and now in secure employment. I am just worried that HMRC will throw the book at me if they find out and he will get away with what he did. from what i can gather when i spoke to other clients, the owner has done this to several other sales consultants who also left after a few months. any advice/ experience most welcome.
  21. Sent my appeal off with some brief details of why i was appealing , Had a Letter from DWP confirming that they received my appeal, and about how much ESA i will get until it's heard, But so far over 1mth since requesting the full written statement of the Atos wca Form IB /ESA85, But so far i have not been sent it, The person that i recently spoke with from DWP ,Confirmed that they could see that i had previously requested it, but could not understand why i had not yet received it, What can be done to force them to supply this info,(assuming it actually exists) ?
  22. Hi, I was repo'd 4 years ago but have nothing showing on my credit file and can't see anything on the registry trust website for either of my two previous address including my repo'd address. The whole court case dragged on for a couple of years as we tried to sell the property but eventually the court granted the decree for repossession. The mortgage no longer shows in my credit file (previously showed as settled although there was negative equity when bank sold it) having checked on noddle, clearscore and checkmyfile. Where are repossession decrees recorded in Scotland? As there was no money featured in the decree would it even be registered? Am I free of this now or is there another register that lenders could access and see the decree or my old mortgage arrears? Thanks in advance. Been a while since been here used be -1 in user name but can't access the email address I used back then so have resigned up.
  23. I work for a large national company and am facing a disciplinary due to absence. The company policy is if you are off 3 times or more or off for 3% or more of your total work days in a 12 month rolling period it triggers a disciplinary. I have been off on three separate occasions and a total of 20 days which equates to 9.85% of my total days. On each occasion I have gone through the correct reporting procedure and obtained the relevant doctors certificates where necessary. I have been informed this morning that I will be invited to attend a disciplinary hearing and it could result in a formal warning. I've no idea if this is allowed so I'm hoping someone more knowledgeable than me can give me advice. Thanks in advance for any replies.
  24. In short a stent was left in after an operation which should have been removed after 3 months , Two years later it has shown up in X rays and long term illness and pain . I have raised a complaint with the hospital as being clinical and medical negligence . I have now had a reply to say the claim has been escalated to a serious incident review panel (external). Does this increase the chances of making a claim against them ?
  25. Hello, I’m desperately seeking help regard a claim with my travel insurance. Here is my situation: - Policy: Economy Light (attached) - Insure and Go is the insurance company - Incident while abroad: Money and travel documents stolen from inside our hotel room in Lyon, France, on the 1st night of the trip (22nd December 2017). Unfortunately they were not in the hotel safe. - Travel plans: The trip was originally organized in 2 parts: o 1 week in France: starting in Lyon (where the theft happened) and going to the south of France (Nice, Marseille and Perpignan) o 1 week in Morocco: Departure from Perpignan to Marrakesh and flying from Marrakesh back to London Luton. - Consequences of the incident: Cancellation of hotels in south of France (as we had to go to Paris instead in order to sort new passports) and complete cancellation of the Morocco trip as we couldn’t get passports in time. Extra accommodation and tickets to get home to the UK from Paris (1 week earlier as we missed the holidays in Morocco). - Claims I made: o Section I3: Passport and Travel documents: Seeking for payment to replace the documents (£100 each) o Section I2 - Personal money: Seeking for payment of the U$450 stolen o Section J - Cancelling and cutting short your holiday: Seeking for compensation of having cut my trip short because of the passports being stolen - Response from the Insurance: o Section I3: Passport and Travel documents: They agreed to pay but under this section it’s saying it includes all the extra expenses incurred in order to replace the passports (£100 doesn’t even cover the costs of the new passports, let alone all the extra expenses!!) o Section I2 - Personal money: They are saying there is an exclusion for this: (4. Cash or passports that you do not carry with you on your person (unless they are held in a locked safety deposit box).)"- so I guess I won’t be able to get this money back. o Section J - Cancelling and cutting short your holiday: They are saying that passports being stolen is not in policy as a reason to cut the trip short (which for me is more than absurd as without a passport you cannot travel!). But I don’t see it in the exclusions. They are saying that only these reasons are covered: "Travel and accommodation expenses that you have paid or have agreed to pay under a contract and which you cannot get back, including any local prepaid excursions, tours or activities, if it is necessary and you cannot avoid cancelling or cutting short your trip; and reasonable extra travel costs if it is necessary and you cannot avoid cutting short your trip." I really feel that passports being stolen affect the trip and in my case made me miss flights and my trip and accommodation in Morocco. - Costs incurred: Amongst hotels we missed, extra accommodation in Paris, flights missed and extra ticket to get back to the UK we spent over 2,000 euros! Is there anything I can do to get any compensation under Section J (or any other section that apply better to my situation)??? I’m considering to raise this with the Travel Ombudsman, but not sure how to approach. Please help.. this has ruined my Christmas and my 2 weeks holidays and I’m trying to get a sensible response from the Insurance, but so far I only got “rejections” of my claims. I would greatly appreciate any help or suggestions you can give me! Travel Insurance Policy.pdf
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