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  1. Hi Guys I've been granted a default judgment against a large well known house builder company for just under £5k. They initially filed an acknowledgement of service to defend the claim but failed to respond after I sent the particulars of claim. I took the next step to request payment immediately but would like some advice about the best way to enforce this judgment if they fail to make the payment. Can they still apply to have judgment set aside at this stage? If so, what happens next? Your help would be appreciated as I'm unfamiliar with these matters.
  2. Hi All I have gone through the usual of wrting to Thomas Cook and being denied. Have just sent the LBA off and have started work on the court bundle. Can anyone help me with the particulars of claim or does anyone have one they have used? It was a package holiday and everything was wrong. No Assistance on flights, Inbound transfers driven by madmen, Dirty rooms, faulty showers, no air con, high pressure sales, dirty pools, stinking restaurant the list goes on and on and on. also the money used to pay for the holiday was from a recently deceased family member. This meant that we felt even more upset then we would normally. Help Peeps!!!!!
  3. Is it possible to issue a Warrant of Control against an individual at their business address? And by business address, they are the director of a company and i have found the registered business address on the Companies House website. I'm sorry if this is the wrong forum subject.
  4. Agreement 1 – 05/05/2015 - £1.388 – defaulted at £972.00 – Weekly £49 Agreement 2 – 13/08/2015 - £2,458 – defaulted at £2131.00 – Weekly £60 Agreement 3 – 13/08/2015 - £450 – defaulted at £374 – Weekly £17 Agreement 4 – 01/09/2015 - £429 – defaulted at £357- Weekly £21 Litigation to be commenced against Brighthouse in relation to Accounts held. I was not stranger to the business upon taking the first agreement in May 2015. The first agreement runs smoothly after 3 months I took out further finance, this was available from 8 weeks and each time I visited store to pay I was prompted to purchase take out further agreement, whilst I accept it was ultimately my decision to take out the finance I argue that they have not lent responsibly, until agreement number 2 my weekly payment was £49, in August they agree to more than double this by granting further finance of £2908.00 taking my weekly payments from £49 to £126. Two weeks later when I needed an essential small product further finance of £429 was granted increasing the weekly payment up to £147.00. In the space of 18 days my finance commitments had increased by £98.00 from £49.00 to £147.00. Needless to say this soon became unmanageable and by the third week of September I was unable to make the weekly payment of £147.00, the proof of income from the first agreement was used for the further 3 agreements. This is where my world could have fallen apart if I was not aware of my rights:- Their contact centre phoned me up to 9 times a day, In-house collections The store staff came knocking in a white transit van The unauthorised bailiff refused to move out of my front garden until I proceeded to dial 999 on my mobile. The agent remained parked in his van outside my house for 45 minutes. I was charged £5.50 per an agreement for the privilege of the above, £22.00 extra. Penalty charge I have been charged this £22.00 every week since 20th September. 26th September – letter sent to Brighthouse regarding repayments, made reference to the amount of monthly payments were on average £600 a month which was 50% of my wages and requested they remove all interest from my accounts, remove and stop all charges and agree to a repayment plan on £60 per month. Brighthouse wrote to myself on the 2nd October and agreed to the above repayment of £60 per a month, they stated that as interest is front loaded there would be no further interest charges applied to the account. However in order to accept the above I needed to visit my local store at my earliest convenience. I further contacted Brighthouse requesting bank details to make the monthly payment I also raised question of the interest and further requested it was removed completely and agreement was made for the cash price of the goods. Even though in their own written correspondence on the 2nd October they agreed in principal to a repayment plan I continued to receive weekly letters and charges of £5.50 per a week applied. THE ACCOUNT WAS IN DISPUTE November came and went no correspondence whatsoever from Bright house December came, Equifax credit alerts, Log onto my credit file and low and behold Brighthouse have registered a default on all 4 accounts. Until today I have been in discussions with Brighthouse and I have still not been supplied with bank details!! Brighthouse have registered defaults on accounts that were clearly in dispute, this is a breach of the ICO guidelines on registering defaults with credit reference agencies. Brighthouse claim that as they had issued a response the account was not disputed. I was not contacted before these defaults were registered, Brighthouse claim they were asked not to call or visit me whilst I accept this the only letters received were £5.50 weekly charges, these letters breached their acceptance on the 2nd October as the charges should have been removed and should not have been applied continuously. I know that the insurance has not been removed and has still been charged despite the account defaulting, in their own contract they state the insurance is cancelled once a payment is late. I wish to commence a claim through the county courts for a judge to review this as I am not accepting these defaults for a period of 6 years. Payment has never been refused, Means to pay have never been provided. I will not visit the store of the agent/bailiff who trespassed on my property and refused to move. My questions are:- What section of the Consumer credit act would refer to responsible lending? Would the claim value be the total amount of the outstanding debt? I do not believe adequate affordability checks were conducted, where can I refer to research this further? Can any refer to a claim that has been successful regarding registering defaults on a disputed account? Section 43 http://www.experian.co.uk/www/pages/downloads/compliance/guidance_on_defaults.pdf “If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed. Defaults filed in these circumstances may also be inadequate for the purpose of credit referencing in that they do not provide meaningful information about the creditworthiness of the customer.“
  5. Over the past 2-3 years I have reported on this forum about the risks that debtors face when taking 'legal advice' from the internet and in being encouraged by the relevant sites to issue proceedings against a bailiff company/and or a local authority. In order to warn debtors of the dangers involved I have provided details of the cases together with copies of the Judgments (when available). I cannot stress the importance of this information given that debtors need to be fully aware that if a claim is instigated against either the company (either by way of an Interpleader, Injunction or Small Claims action) or against the individual bailiff (by way of an EAC2 Complaint) that the enforcement company will always ensure that they provide a solicitor (and many times a Barrister) to represent them at a hearing. So far, that have been no reported cases of a debtor winning a court action. Instead, there are many cases where significant cost order have been imposed against debtors. Unfortunately, yesterday it was being reported that yet ANOTHER two legal legal cases had failed in court and in both cases, the individuals (a lady and a gentleman) had been encouraged to pursue hopeless legal cases by a highly unqualified individual with an utterly appalling history of court failures.
  6. Does anyone know if I can do a SAR request to Natwest Credit card & natwest bank in one go & save myself a tenner? I know that they are separate companies, but at a higher level, there must be a single company, but can I send a SAR to that company & get everything from the others, or will they respond with nothing, because the data is held by their subsidiaries? Grumpy
  7. Can someone please clarify exactly what Form I am supposed to complete for a section 214 claim against a landlord for non-protection of deposit monies. Is it N1 or N281? I obviously need to do it the cheapest way possible. I am also representing myself. Thank you.
  8. Hi Guys, First post. I was silly enough to help so called "friends" out last year and found myself being owed a good sum of money. It was £1200 in total. They, or rather, she, the wife, did make two payments of £50 into my bank account but thats all I have ever received. I have a print out of a Facebook conversation where she agrees to the 'loan' and its amount and states how and when she would pay me back. I also have a text message string confirming all the details and copies of bank statements showing transfers from my account to theirs. I have never phoned them and always gone for a written form of communication to ensure I have a record. Just before christmas I sent a letter, recorded delivery, to their home detailing all the fact with dates and amounts and stated if they failed to resume payment or make payment in full I would take the matter further. She only text to say she would pay me and she would ignore any letter from the courts. I received no payment. I filed the MCOL and judgement has been passed in my favour by default as neither of them responded to me or the court. I have progressed it online to ask for payment in full by the end of Feb 2016 though I doubt I will get a penny. My question is what would be my best course of action once this deadline passes? I see on the MCOL website I have several options, all of which involve a fee which I am happy to pay if it gives me a reasonable chance of getting some if not all of my money back. She works, part time I believe, and I know where and who for, he works for Royal mail full time as a post man so an attachment of earnings may work. They I am sceptical as I bet they come up with some rubbish showing they have no surplus after bills, which is total rubbish as they are out all the time drinking! I had thought about bailiffs but wondered how effective they are, apart from what you see on TV. Any advice or stories from people who have been through the same would be gratefully received. Thanks Matt
  9. I have received a letter where my previous landlord is making a claim against me for a property that I moved out on the 25th of Sept2016. The said property was a temp accommodation through the council so he had put the claim in to the council but I want to appeal this as when I moved out I offered to repaint the flat but he said that he was remodelling the whole flat that I didn't need to paint it so I did not have it done but I did hire a cleaner to make sure that it was clean when upon moving. The landlord did do a walk-around with my son upon our vacating the property and he said it was all okey. The landlord even brought me the cupboards out of the flat to my new home as I needed some in the kitchen. I have been by the old flat to see the new construction and he has totally redone the place... knocked out walls, resized the stairwell, made the two bedroom into one and put in a larger bathroom ... now my problem is that he has claimed against me for re-dec in both bedrooms, lounge and hall, stairs and landing due to heavy marks in the amount of £384.00 (I was in the property for 3 years) also, for the replacement of the carpet in all the rooms listed above too due to heavy marks it says (there was a previous tenant of two years before me and my move in sheet says small marks on carpet several spots) £996.00 What I am wanting to know does he have to show pictures of this damage or will the court go by his word? as I know that it isn't true but I did not take pics thinking that he was satisfied with the property. I am going to appeal the claim but I am wondering if anyone could tell me if I had a chance of winning this as I am disabled and this letter has upset me and I don't have 1380 to pay to the council as they are the ones trying to collect the payment now since it was a temp accommodation through them. The flat, as I said, has been totally remodelled and I don't feel that I should have to pay for his remodelling of the flat since I did offer to paint it before moving and he was fine with how I left it.
  10. Hi Everyone, this is my first post and I hope I can get some help to step out of this quagmire of negative discriminatory and unfair practices that I am subject to at the hands of the nefarious Nationwide Bank. My issues began in 2014, when I had just over eighty-thousand-pounds+ (80.000.00 +) taken out of my account. It was an unauthorised transaction. I was abroad, I'd used my card three times with the same vendor to buy some tickets to watch some football matches.Three different games. The vendor said, he'd give us some tickets the next day, and other tickets would follow a few days later as the games had not yet began. The following morning, I notice that a large amount had gone from my account, I rang the bank immediately on noticing the unauthorised withdrawal, Nationwide visa disputes team assured me they'd return the monies. About 14 days later Nationwide returned just under fourteen-thousand-pounds (14.000.00). they said, they were dealing with the other transaction of the larger amount and it could take unto 40 days, yet to this day two years later I Nationwide bank has not returned the sixty-seven-plus thousand. They returned the first monies as a cash-back, and said the other transaction, all with the same company could not be returned as a cash-back . I complained to them about this and asked why it had taken them 7 months to decide against their first decision. They gave various reasons for this at different times throughout the first year. I called and wrote to the Financial Ombudsman(FOS) who, lo and behold, after a year found in favour of Nationwide . The FOS and Nationwide said, I'd called the bank while abroad and told them to release this money. I did not, I asked them to prove this by citing the Freedom Of Information Act, (FOI) neither the bank nor FOS came up with any prove, i.e. -voice recording- saying anything of the sort. after a year disputing this situation the bank and FOS, a n FOS employee who is part of the Ombudsman's team said, I should resend in my complaint as an unauthorised transaction and not as a cash-back complaint . again I duly went through the complaint process with the bank who then asked me, why did I ask for a cash-back in the first instance, I replied that it was Nationwide's visa dispute team who advise me that this was a cash-back situation, but now wiser I know that this £60K+ comes under the regulations for an unauthorised transaction. Thereafter Nationwide CEO's executive assistant replied and stated in writing via email, that Nationwide would not open this as a fresh claim and would NOT read any more correspondence from myself nor discuss this matter any further. I discussed this with the Financial Conduct Authority (FCA) who informed me that I was being treated unfairly and that the bank was in breach on around 5 of their regulations. I returned to the bank with this information and they just reiterated what they previously said, that, they would not discuss my account with me any further. again returned to FOS, with this new complaint and brought in the issues about unfair practices as per FCA regulations. The people I spoke with including an ombudsman at first didn't know and could not tell me the difference between a cash-back (which comes under the Consumer Credit Act 1974) and an unauthorised transaction (which is covered in the FCA handbook as BCOBS 5.1.11). I asked this particular ombudsperson to look it up then come back to me so we can have a proper discussion. She called me back four days later, admitting there where differences between a cash-back and an unauthorised transaction. I have this in writing too. This woman ombudsman said, in the first now closed complaint, the ombudsman had thought about the unauthorised transaction aspect of this case, - though he did not refer to it in anyway in his final decision letter - I asked her, is this some Orwellian double-speak, how can he say he thought about a transaction that comes under different rules and regulations, yet makes no mention of it in his final decision letter? I said again, this is a new complaint . When the ombudsperson kept on referring to the old cash-back complaint. I pointed out to this ombudsperson, that it is written on the final decision letter, that FOS will no longer discuss this case again with me as I now have received the final decision letter. Yet again this ombudsperson referred back to that closed case -see how they change the goal posts when it suits them- and said, I'd called the bank, which I did not, I asked them to show me the prove or get the bank to show the prove that this fact is so . I stated if this alleged conversation was a true fact this situation would not be into year 2 of it's investigation. FOS, did not show me proof of this conversation I allegedly had with Nationwide bank and even though they had advised me to return with this new complaint, they decided that the first decision on the cash-back was enough and the rules applied were the same for a cash-back as for an unauthorised transaction. The FCA said this is not so.... Note, neither the bank nor FOS addressed the complaint(s) I had written to them about where they ARE in breach the FCA rules. With all this ongoing stressful situation the bank decided to play nasty with me. now, next they offered me a credit card, so I filled in the application, passed the criteria, they sent the pin and card, Then they called me and asked me to go to the bank with ID to verify myself. I went in gave them my bank card told the branch staff member why I was there I had on me my UK passport and utility bills, the staff member said they had to call head office, I waited and waited after sitting in the bank for an hour, note: they didn't ask to look at my ID or anything else, they said, the card was revoked. They gave no explanation for this even though i called the next day, they said they would not discuss this. three weeks later, I called and wrote to them asking them to explain why? Nationwide then said, there was no problem with the card, just come into branch again to verify myself with a picture ID and utility bills, I did this again, and again after sitting in the bank for an hour they said, the card was blocked because I'd ask for a loan in 2007. I did not do this and at that time, I was working for a government in another country which is easily proved. , after leaving the bank, I called and asked what is this problem? Nationwide said just reapply and everything should go through okay. I tried to reapply numerous times - called the bank in between times to make sure everything was okay on their end, Nationwide gave an affirmative answer - yet, always after completing the application the bank say's I have a card already. I haven't a card as the card they issued they blocked it with no valid explanation to why. I called again last week Now, they are again refusing to discuss my account and again asked me to go to branch. This time I told them, I know you are acting in a very malicious and nefarious manner and I will not go for a third time to the branch as this is just a nasty game Nationwide are playing. I have written to the CEO about both these matters and I received an email from the CEO's executive assistant who stated that, on answering my complaint about 1 of the regulations of the FCA, saying Nationwide do not think they are being unfair, that they will NOT discuss my account with me and any other letters I write will be left unopened . Remember, I wrote to Nationwide and FOS about them breaching 6 of the FCA's regulations. How's that for dystopia bank style. I really need some advice, and I really need some people who have know they have been unfairly treated by Nationwide bank to join me in a Class Action against them or if there is a class action happening, let me know how to join. My apologies that this is such a long post, but this is a summary of a two year plus, ongoing battle with this unfair uncaring not on anyones side Nationwide bank. , please if anyone has any ideas of how I can get my monies returned and how to deal with Nationwide, a bank that has shown me how vindictive, discriminatory and unhelpful they can be, I would be really grateful for workable advice.
  11. Valuation Office Agency – Rent Officers Handbook (Note: This is used throughout the UK not just England and Wales) Rent officers Handbook – ROOMS http://www.voa.gov.uk/corporate/publications/Manuals/RentOfficerHandbook/Other/Procedures/r-roh-rooms.html Rent Officers Handbook – SIZE CRITERIA http://www.voa.gov.uk/corporate/publications/Manuals/RentOfficerHandbook/HousingBenefitReferral/Determination/s-roh-size-criteria.html Court of Appeal Decision England and Wales – Burnip vs Birmingham City Council http://www.bailii.org/ew/cases/EWCA/Civ/2012/629.html Public Sector Equality Duty Government https://www.gov.uk/equality-act-2010-guidance#public-sector-equality-duty http://odi.dwp.gov.uk/disabled-people-and-legislation/disability-equality-duty-and-impact-assessments.php Equality and Human Rights Commission http://www.equalityhumanrights.com/news/2013/january/commission-publishes-guidance-on-the-public-sector-equality-duty/ Equality Act 2010 http://www.legislation.gov.uk/ukpga/2010/15/contents https://www.gov.uk/equality-act-2010-guidance The United Nations Convention on the Rights of Persons with Disabilities http://odi.dwp.gov.uk/disabled-people-and-legislation/un-convention-on-the-rights-of-disabled-people.php European Convention on Human Rights –Specifically Article 8 and Article 14 (Note –You need to download the booklet containing the Articles is in PDF Format) http://www.echr.coe.int/ECHR/EN/Header/Basic+Texts/The+Convention+and+additional+protocols/The+European+Convention+on+Human+Rights/ Department for Work and Pensions (Note –The following Link contains sources for, HB/CTB Guidance Manual, HB/CTBOverpayments Guide, Debt Management Offices by Postcode, Discretionary HousingPayments, ESA Operational Guide, Local Housing Allowance Guidance Manual). http://www.dwp.gov.uk/local-authority-staff/housing-benefit/claims-processing/operational-manuals/ Inside Housing – Knowsley HousingTrust Reclassifies Properties Article http://www.insidehousing.co.uk/tenancies/tenants-avoid-bedroom-tax-after-knowsley-reclassifies-homes/6525752.article National Housing Federation Article –Bedroom Tax Some Home Truths http://www.housing.org.uk/media/news/bedroom_tax_home_truths.aspx National Housing Federation (NHF) –Bedroom Tax New Impact Assessment http://www.housing.org.uk/policy/welfare_reform/welfare_reform_news/bedroom_tax_-_new_impact_asses.aspx Scottish Federation of Housing Associations – What are the latest updates for March 2013 Article http://www.sfha.co.uk/sfha/welfare-reform-latest-updates/what-are-the-latest-updates-for-march-2013/menu-id-326.html Govan Law Centre Bedroom Tax Blog http://govanlc.blogspot.co.uk/ Liberty – Promotes Human Rights Article on seeking a Judicial Review on Bedroom Tax http://www.liberty-human-rights.org.uk/media/press/2013/liberty-bedroom-tax-breaches-right-to-family-life.php Shelter England Only http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/changes_to_local_housing_allowance/housing_benefit_changes_2013 Scotland Only http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/housing_and_council_tax_benefit/changes_to_housing_benefit_for_council_and_housing_association_tenants
  12. READ MORE HERE: http://www.theguardian.com/uk-news/2016/jan/22/david-cameron-calls-for-action-on-spurious-claims-against-iraq-veterans
  13. I was in a legal dispute with a University over a discrimination issue. It was concluded by Consent of Order and I was awarded damages, but without admission of liability by the University. In the Order it stated the matter against the Defendant was concluded. I have a couple of queries... 1) Could I bring a claim against a couple of individuals from the University - as my previous claim was against the University, not individuals. I am not looking for financial award just a declaration of victimisation. All documentation and Court papers has the Defendant as this particular University. 2) The Defendant was ordered (by consent) to pay damages - but without admission of liability. Would people infer the University was indeed liable - because of the damages they had to pay and that 'without admission of liability' is the equivalent of pleading 'not guilty'.
  14. Hi There, we have bought a coffee machine for £559.82 inc delivery&vat and it is not what we want for our particular purpose , and we called back as soon as it arrived to for return arrangements but just been ignored.. you can see the invoice attached . so what i did started the money claim online process, i have attached screen shot of the claim page and the mail they sent me after receiving the court order.. we have sent the machine back and still not giving our money back. any advice , what should i say next or do please ? Thank you so much to all of you for having such a place and the time to help us who in need help . Regards Bill
  15. Hi, I recently brought a small claim online against a large insurance company (following a recorded delivery warning letter giving them 7 days to respond, which they ignored), they did nothing so when the appropriate time had expired I applied online for judgement against them, specifying I wanted the full amount, plus interest, costs etc, paid immediately (the original loss for which I claimed was 6 years ago). I now have the judgement as of 30th September, and confirmation arrived by post from the court yesterday. The MCOL service show the next step as to issue a Warrant, but it then states that this is only possible for claims up to £5000. The judgement is between £5,000 and £10,000. So, what would you recommend is the best way to get them to pay up? I'm looking for the easiest, rather than specifically the quickest method (though the quicker the better obviously). Thanks in advance for any help.
  16. Hi Guys, As I was getting off a double decker bus in London, the bus driver deliberately closed the doors on me which caused me to stumble off the bus but I didn't fall. I felt a bit sore the next day but it didn't last. The driver had a hostile attitude when I got on the bus even though I thanked him. I lodged a complaint and received a reply a few weeks later that was very apologetic and said they looked at the video, saw what happened (just as I'd said) and have disciplined the driver but they can't disclose any info due to their internal disciplinary procedures, etc. Bearing in mind that they found that their driver acted maliciously, how should I start a claim for compensation? I'm not expecting a massive payout but a token of goodwill would suffice as their driver behaved badly. I was going to reply to the email I received and ask who I should write to to claim compensation but I thought I'd see if anyone on here could help first.
  17. Dear all. My tenant are asking me to repair the rear fence. However, because of the different configuration of the garden behind us, our rear fence is actually the neighbour’s left hand fence. If this is the case, then are we still definitely responsible for this fence? The deeds do not say whose fence it is! Does anybody have any ideas please?
  18. hi, any advice on clarifying a small matter would be helpful. we bought a bed for our son from an online store. the bed was hardly used as was in spare room just before the one year warranty it broke. they sent him a part to fix it but it broke again, same fault as before . he got in touch with the retailer and after some back and fourth they have said not their problem and have given us the manufacturers details. are they right or should the retailer sort this out as we believe the bed is not fit for purpose any advice would be appreciated.
  19. Hi i would be grateful for any clarification other caggers can provide. LTSB Gold Service Payment application form circa 1990's. across the top of the application 'Lloyds Bank Gold Service Payment/Photo Card Application Form' underneath Credit agreement regulated by the Consumer Credit Act 1974. this is very confusing as part of the document states under 'Security' 'the overdraft facility made available under this agreement is unsecured and shall not be secured or treated as secured by virtue of any mortgage, charge or other security which i/we may have already given (or may in future give) to you. does this then mean that if there is a dispute that LTSB cannot enforce to change the 'unsecured' to 'secured' via a CCJ ? then further down it states 'to be considered for a Lloyds Bank Gold Service Payment Card you must sign in the box below' this implies to me the A4 form is an application form and not an agreement, however in the signature box it refers to 'this is a Credit Agreement regulated by the CCA' has anyone else come across this? and what is the position. Thank You
  20. Hi Guys. I'd be grateful for some advise please. I split with my ex partner and the house was sold. Prior to completion I was advised by my solicitor that there was a Charging Order on the house for my ex-partners HFC credit card bill for £1330, and that this money must be deducted from the equity. I didn'teven know that my 'x' had the credit card and suspect that it dates back prior to our relationship or almost definitely prior to us buying the house seven years ago. I also suspect that he never bothered even going to court to try and sort out the problem (whenever the court case was?) - and I certainly couldn't fight for my own rights as I didn't know anything at all about it. Unfortunately, we still have some large outstanding utility bills on the house and now that the money for the charging order has been deducted, without my consent, involvement or even knowledge of the outstanding credit card bill, there will be insufficient funds to clear all of our debts. My 'x' is knowingly playing a very selfish game as he is quite aware that the electricity bill is solely in my name. Furthermore, I am at a greater loss as my 'x' is refusing to pay his half of the expenses that I incurred, which had previously been agreed, like Council Tax payments, plus decorating and doing up the house, which achieved a considerably higher selling price (which he has benefited from). As if this isn't enough, in the early stages of our break up, he stole my dog, and has since said that the only way he will give the dog back is if I pay for 'everything'. If I had the money - I would! - I love my dog and miss him so much that it has made me ill! - But, unfortunately, I haven't go the money and even if I did, he still wouldn't play straight. Somehow now, I have got to find a way of paying for the utility bills, which due to his Charging Order for his credit card bill, we will not have sufficient funds to pay. If he paid back to me half of the money taken for the Charging Order and also his half of the bills that I have paid out as mentioned above, it wouldn't be such a problem. But he is ignoring my solicitor letters and we are getting nowhere, and now the utility companies are chasing me. Lets face it, he's had it easy. He's had his house done up and sold for him, had his credit card bill paid and also has my dog. The legal system doesn't seem to have any substance for people who are just trying to do the right thing and it seems that people who don't care about others, the law, or anything for that matter seem to get away with it! So, sorry to ramble on! I'm wondering now if any one knows if there is any way that I can get my half of the money back from 'his' Charging Order - as it wasn't my debt - and there are other bills (which are in my name) that still must be paid. I will then be able to pay off the remaining bills. I know that he just wont bother, and I don't want them hanging over me for the rest of my life. I'd also be grateful for any advice any one has about getting my dog back - Officially. ( I've had enough offers off friends to go and get him back for me - but I want to have him back officially). Thank you to any one who takes the trouble to read this and has the knowledge and wisdom to offer me any advice. It will be greatly appreciated.
  21. Hi All I bought a new Audi A5 under a HP agreement in 2012, the final lumps sum payment is due in March 2016. I have just discovered my engine IS affected by the VW emissions cheat device. As I understand it, the finance company is liable as well as VW, will be quicker and easier to deal with the finance company than join a class action against VW Under the CCA 1974, can I claim against my HP finance company on the grounds that: 1. The vehicle was not as described (i.e. emissions etc. not as quoted) 2. the vehicle is not fit for purpose (emissions cheat device fitted (knowingly) and Mileage, emissions, fuel consumption not as quoted) Is there any template for this type of letter? Any advice would be most welcome as a £10K final payment is due soon, thanks John
  22. Hi there guys, I need some advice, keep in mind neither party have pressed charges at the moment. about a week ago a debt collector came for a doorstep visit to arrange (bully) my brother into a payment plan. My brother is skinny he is like 8 stones he 30 years old and weighs less than most girls. when he called me and told me there was a "hench" guy. I decided to go see what was going on, now I'm 14 stone and 6.1. And we were pretty evenly matched before I even got round the the background I could hear this idiot shouting at my brother, which really got my goat as my brother isn't a threat. I am also former military (SSG Pakistan army) so I know close-quarter-combat and don't get intimidated easily, when I got round to him, he was pretty big. I don't remember exactly what happened. But we both go into each others faces after a long argument, I told him my brother isn't going to pay him and he needs to leave, and he started saying: "so you think your a big man?" the usual nonsense, I told him not to get into my personal space, and I told him my background, and that I would defend myself I made this clear to him at least 5 times, while I was moving back from him, anyway, he didn't do anything and eventually he said something like I'll show you, I'll be back blah, blah. So next day, I decided to stay at my brothers house, this time 3 guys came down big ones, looked like they'd just come out of a gym or something, they started saying "**** the paper work" and using all sorts of crude language, one of them started saying: "your not such a tough guy now are you? what do you doing to do call the police here, big man use my phone" they started goading me. To cut the long story short, we got into a little wrestling match, I choked one of them out and the other had his arm- he didn't want any more of it, the 3rd one out cold as soon as it kicked off. the neighbours called the police, and the police turned up... And they asked if anyone wanted to press charges we all agreed not to, and the police told them to leave or they'll be arrested for breaking the peace or something. today this morning my brother called me, and said he got a letter saying they'd reduce the debt by 90% and just wanted to settle this. And said that they don't want anything to do with him in person or over the phone. Sorry English isn't my first language but what do they mean? Are they taking legal action instead, seems abit fishy they just want to let it go so quickly , btw I've not had the police come to me or any letters etc. So I don't understand this kind of thing. Are they doing something legal on me do you think? Thanks guys for any advice.
  23. My wife keeps advising me to claim against any PPI I may have paid to companies in the past, I mentioned I could not find any details so have not really bothered, but earlier this week I found in some old paperwork I was about to bin a conditional sale agreement for a car we purchased from YCC around the year 2000. On this it states under additional insurances the following 10. £1213.40 Payment Protection Insurance Cash Premium 11. £650.00 Mechanical breakdown Insurance Cash Premium 12. £250.00 Gap Insurance Cash Premium 13. £2113.40 Total insurance premium (10+11+12) 14. £600 Less: Down Payment provided by Customer 15. £1513.40 Shortfall required by way of credit 16. £632.32 Add: Interest 17. £2145.60 Balance Payable (15+16) 18. £2745.60 Total Amount Payable (14+17) 19. 19.9 %APR 20. 48 Number of monthly Insurance Installments 21. £44.70 Amount of each Insurance Installment (17/20) the first payable one month after the date of this agreement. Are we only able to claim for the part that was taken on credit or should we be able to claim for the full amount as we had paid £600 as lump sum towards it. Also I was the main hirer and my wife countersigned. I have seen other posts on the forum regarding this company, but can someone confirm if I am still able to claim, must it be the main hirer only that can do this and do we send all the information to Direct Auto Financial Services P.O. Box 1135 Bradford BD1 9PU And if we do the Full Access Request, who do we make the postal order payable to thanks
  24. Hi all. My friend's parents would like to start proceedings to take out some kind of restraining order on their son to stop him ever visiting their premises or sending them letters. He has not threatened them although he does have a history of violent outbursts and seven months ago was issues a restraining order by the local court to stay away from their other son. Please can I ask if there is any advice anyone can offer them before they go to a solicitor tomorrow? Thank you in advance. B
  25. Hello. I am new to this forum but was hoping there may be someone who could offer some advice with regards a Limited Company we carried out work for. This Company is a cleaning company specialising in industrial cleaning. We are a small Ltd Company. Ordinarily we would not have carried out work for this Company but was approached by another client of ours who asked us if we would help them out as they had instructed another contractor to carry out some refurbishment works on a 3rd party premises, and they had not completed it to their satisfaction (that was what we were told although now, that may not be the case and maybe it was that they did not pay that contractor either). Anyway, to cut a long story short, we carried out the work, supplying all labour and materials to refurbish the washrooms and the Company has only paid half of our invoice. Following all of the procedures of sending reminders, letter of intent etc etc, we decided to request the services of a debt collection agency hoping this action would prompt them to pay, and hopefully avoiding court action and a ccj against their Company not knowing that this would be one of a few. Despite letters and emails from the Directors of the Company stating that they acknowledge the debt and that they will pay in full, they did not respond to any of the telephone calls from the debt collection agency leaving us with no alternative but to go to the small claims court. Initially the Company put in a defence which it seems was just a delaying tactic, as they did not submit any defence (they didn't have one) and the courts struck their defence out and issued the CCJ. Throughout all of the administration process etc I decided to do some investigation into the Company (a bit of closing the door after the horse has bolted) and I am amazed at what I uncovered. This Company persistently opens and closes companies on an annual basis. It changes its name marginally by adding a UK or Services to Solutions etc. The Director currently has 5 open Companies with a further 5 dissolved. They have not filed any accounts for the Company that they say we were working for and during the court process they have opened another Company with a view I would assume to close the cleaning company we have the CCJ against. They have changed the name of their new Company only by using the initials instead of words in the name. It is still a cleaning company with the same Director still operating in the same industry with no doubt still the same customers. This is frustrating. We have spent over £300 in taking this through the courts to get the CCJ which I am sure will be unenforceable as they will claim that they have no assets Their registered office address was an accountants; their new registered office is their new accountants. Is this legal for a Company to open and close Companies owing several thousand pounds - our CCJ is for just over £3K, they have another against another of their companies for closer to £4K and a smaller one against another of their companies for £500 and yet they continue to trade in the same industry under yet another name. We know we are not going to see payment of our invoice, but is there anywhere that I can take this to highlight the unscrupulous trading practises of this Director?
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