Showing results for tags 'against'.
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Christmas advertising Insight comes early The themes and images surrounding and associated with the festive season provide ample opportunity to create memorable and impactful ad campaigns. But some yuletide words of warning, the ad rules are for life, not just for Christmas. For instance, promoting a casual attitude to using a loan to fund Christmas spending is likely to be seen as irresponsible. Be good for goodness sake, read on to find out how. So if we see anything we think could be irresponsible we should report it to the ASA.
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Hi , I am new to the forum , i need help regarding filing a defence against Lowell portfolio 1 LTD and BW legal is acting as a legal representative for Lowell.I received a Claim form on 08/09/2015 and have acknowledge service on 14/09/2015 through the moneyclaim.gov.uk portal. Particulars of the claim is : The claimants( Lowell Portfolio ) is for the sum of £446.09 being monies due from the Defendant to the claimant under a Home Shopping agreement regulated by the consumer Credit Act 1974 between the defendant and Shop Direct Finance company limited under account reference XXXXXXX and assigned to the claimant on 22/12/2010 notice of which has been given to the Defendant.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claiim also includes statutatory interest pursuant to section69 of the county courts Act 1984 at a rate 8.00% per annum ( a daily rate of £0.10 from the date of assignment of the agreement to 22/12/2011 being an amount of £36.60 As i dont remember taking any goods under home shopping agreement from Very i have served a CPR31.14 request to the BW legal and Lowell through Recorded delivery of which they have acknowledge recieving the request on 15/09/2015 and have cleverly wrote me on 16/09/2015 saying "We Will seek to ensure that the information you have requested is provided as soon as possible,however this is contingent on receiving the documentation from your original creditor". The CPR31.14 request content i have wrote to both parties Lowell and BW legal is pasted below: Template removed I NEED TO FILE MY DEFENCE SOON AS POSSIBLE TO THE COUNTY COURT BUSINESS CENTRE( NORTHAMPTON) PLEASE CAN SOME ONE KINDLY HELP ME WITH THE CONTENT TO FILE A DEFENCE .
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We’ve been clearing out a load of old paperwork and have come across a loan with some PPI that was mis-sold because I wasn’t told about it (and would have turned it down if given the opportunity because I was self-employed). The loan was in 2000 for replacement windows from Safe Style, who also provided the finance. First National (now GE Money Home Lending) lent the money Commercial Union Creditor Limited administer the PPI The PPI is underwritten by CGU Underwriting Limited Who is my claim against, or is it statute barred by now? -
Evening Folks, Apologies if this is in the wrong section, if it is could the mods kindly move it. I have arrived home today with my wife to find that my wife has kindly received in the post a CCJ obtained by Lowell(Claimant)/Bryan Carter Solicitors on 16/09/2015. Now this has come as a bit of a shock as we have received no prior correspondence from them regarding this debt or anything to state there would be any date to appear in court to deal with this. The judgment has also been obtained in my wife's maiden name, despite us being married for 3 years. I would greatly appreciate any help to urgently deal with this. Many Thanks G__M
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In instances where the loan provider was non regulated does anybody have an experience of PPI claims against the Underwriter? The FOS have said it's not a problem that the provider was non regulated and they will go after the Underwriter, who is regulated. Now, I was mis sold PPI several different ways, and even though the Underwriter had nothing to do with the actual sale of the policies the product they provided was impossible for me to claim on - amongst other things I was self employed at the time of the sale. Regardless of my claim being successful or not, does anybody on here have any experience of claims against the Underwriter, whether or not the process is longer than a normal FOS PPI adjudication and whether not not I am able to take the Underwriter to court, if that is a quicker path? -
Hi all. I have received a letter from Debt Recovery Ltd acting on behalf of Civil Enforcement Ltd for a parking charge on 10 June 2013 in England, where I was not the driver. My wife is a Health Visitor and parked in a supermarket car park to go and see a new mum and baby and overstayed by about 15 minutes. We were then hit with this ridiculous charge which I have just ignored until now, as per advice but I have done some digging recently and found that the best thing to do is not ignore. Please can some kind person give me some advice? The letter states that I have to pay the full amount (which has increased from £45.00 to £150.00) or they will pass it back to the creditors solicitors and recommend that court action be taken. They quote Schedule 4 of the Protection of Freedoms Act 2012. What do I do now? Do I write to the manager of the supermarket and complain or am I too late for this as it is now with debt collectors? Or do I write to Civil Enforcement Ltd and state that I wasn't the driver, giving us time to appeal? Also, the letter was not marked "private and confidential". Am I wrong or should it have been? Anything would be helpful. Many thanks. -
A cagger has asked me to start a thread in respect of complaints against Credit Reference Agencies. The Link below is to an American article. http://www.housingwire.com/articles/34870-cfpb-complaints-against-credit-reporting-agencies-rise-sharply It would appear that complaints there against CRAs has risen considerably. Two of the 3 most complained about agencies are Experian and Equifax. I seem to recall that we have had several complaints about CRAs on CAG - one that comes to mind is where an Agency provided credit information to someone they shouldn't have. (I will try and find the thread and link it) The Court of Appeal has ruled that the CRAs are not obliged to ensure absolute data accuracy !!
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I have been putting a lot of creditors off for over a year now but the defaults are really starting to hurt. I want to take on Barclays first as they sent a copy of a T&C booklet as their s78 response (as I know they do quite a lot). I also asked them under pre-litigation discovery and data protection laws to provide me with a full and exact copy of a signed agreement and they haven't bothered. I want to issue against them and had a quick look around the site to see if there are any template POCs I could use as I seen a good one around somewhere but cannot find it now. I need help with the particulars of claim. Thanks. -
We are asking people to make donations in order to help us collect the cost of the transcript of the hearing and judgement in a recent successful case against Npower. You can read the Npower thread here: – http://www.consumeractiongroup.co.uk/forum/showthread.php?436401-nPower-Mismanaged-account-County-Court-claim-issued-aganst-Npower The case which was heard last week is the culmination of a long 2 to 3 year battle against harassment and mismanagement and incompetence by Npower and their legal department. Although the case did not produce the damages which were asked for, the judge did hold that Npower had contractual duties towards their customer and that they were in breach of their duty. This amounts to a very significant victory because Npower denied that they owed any duties at all to their customer - whether in the quality of their account management, their complaints handling or even in respect of a duty to provide accurate bills. (Frankly, you could scarcely make it up!!) Even during the case, the Npower lawyer tried to divert the discussion away from the issue of liability altogether. Furthermore, the judge criticised Npower and made it clear that he thought that the customer had had a very difficult time and was entirely justified in bringing the claim. The claim had been made unnecessarily complicated by the poor and unprofessional bullying approach of the Npower litigation department. This fact was not lost on the judge who went on to criticise Npower in scathing terms about the style of their litigation. We will be doing a full write-up of the case and also of the unprofessional approach which Eversir has had to endure for a considerable amount of time, just as soon as we receive the transcript. We will be publishing much of the transcript on this forum for other Npower victims to read. We have just made the application for the transcript but it is likely to cost in the region of £800-£1000. We need help to pay for this and so we invite anybody to make a donation to us. If we are lucky enough to receive more than the cost of the transcript, then anything extra will simply be used as part of our resources to pay our bills and expenses and to keep on going to provide our help for free. If you would like to donate, then please click on one of the donate links and you should be taken to a PayPal page. If you don't have a PayPal account, click the link anyway because you will be able to use a credit or debit card instead. Please only give what you can afford – but do remember that if you are giving a very small amount, that PayPal takes a minimum fee from every donation and also a percentage. This means that if you are considering donating only £1 or so, a substantial part of this will simply go to PayPal – and so without appearing to be ungrateful, you probably shouldn't donate. Please tell your friends or tweet this message using our short url http://cag.tw/1iqb -
There is a company (Provisita Ltd) who owes me over 3k for services supplied. This is money myself and my family could really do with. It's been a long time owed and it's very stressful thinking about it, especially as they are now ignoring all attempts to resolve. I have followed the advice on this forum, primarily by going through the small claims court (they didn't turn up or contest the debt) and most recently by obtaining a CCJ against them (successful in so much as the CCJ was granted, unsuccessful insomuch as they continue to owe me money). I am now unsure what the next best step is and before I pay for legal advice, figured I would ask the folk on here as others have been through this before it seems. As per bankfodder's request, Nichole Esparon is the person I dealt with at the company throughout the working relationship, but since the debt became overdue I have not had a single email or phone call returned from her. Her business partner Patrick S Frederick instead opted to speak with me and he and explained a few hardships but several promises to pay over the course of several month never materialised and contact totally stopped once I started court action. I wonder if others have had dealings with this company / these individuals...? I won't let this go, it's a lot of money for me. What's the next best step? Bailiffs?
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Hi I am looking for some help/advice regarding how to proceed with a CCJ I have obtained against a Limited Company I undertook some work for and have not been paid. The background is that a workmate and I are owed £2915 (total) from a one man band building company whose company address is registered at his Accountants. The CCJ is against the company at the Accountants address which obviously will not have any assets there belonging to the building company so there seems no point in sending bailiffs/sheriffs to that address to enforce the judgement. The owner of the building company made a personal promise (on his daughters life believe it or not) to pay us and has also confirmed that statement to 2 directors of the main contractor he was sub-contracting the work from. Can anyone advise how I can best proceed to recover the debt? thanks
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I challenged a PCN against Excel back in April.I sent the appeal to their address registered at Companies house,rather than the P.O. box address.I referred them to the PCn charge I won against them at POPLA back in july last year.PCN canceleld with immediate effect.I purposely left my reg.No on so that if any Excel staff are trolling through,they will see this -
Good day all. I've got some on going issues with debts being managed by Lowlifes (via our friends at BW Legal). I've covered most of these elsewhere but in brief over £500 was mysteriously added to the account according to my credit file, they weren't updating my file regularly to reflect payments made and also a default has been recorded unreasonably late (IMO). I raised a complaint and they replied with a derisory compensation offer but a promise that the accounts would be brought up to date within 3 weeks. I decided at this point that if this happened I'd be happy and waited. It didn't. They did reflect the payments to date (but it is now behind again and hasn't been updated) but didn't correct the £500+ charges added nor the default date issue. I sent them an LBA and have had no response and need advice on 2 issues: 1. I sent the LBA about 5 weeks ago. Unfortunately some work issues etc meant I have only just been able to get back onto this. Do I need to send a new LBA due to the time passed or is it within my remit to decide when I issue? 2. As it isn't technically a money claim (though I will be asking for compensation) but a claim for failures under the DPA and guidance related to it from the ICO can I issue online through money claim or do I need to get a paper form? Any guidance and advice gratefully received as always. -
Foreign Office advises against all but essential travel to Tunisia The Foreign and Commonwealth Office has today changed its travel advice to Tunisia to advise against all but essential travel for the time being. FCO travel advice has highlighted for some time the high threat from terrorism in Tunisia, but the evolving security situation since the attack almost two weeks ago means the decision has been taken to advise against all but essential travel to Tunisia. READ MORE HERE: https://www.gov.uk/government/news/foreign-office-advises-against-all-but-essential-travel-to-tunisia -
If you had administrative action taken against you as a result of a police caution it may be that you have grounds for a complaint. If you have now left the armed forces and had administrative action taken against you as a result of a police caution between December 2008 and September 2011, it may be that you have grounds for a complaint. The MOD has written to serving and former serving personnel because of changes to the law which took effect in December 2008 that meant such cautions should not have been taken into account after that date. However, whilst action has been taken to contact those affected directly, it is apparent that we have not managed to reach some people and they will be unaware of efforts to contact them about this issue. READ MORE HERE: https://www.gov.uk/government/news/information-for-those-who-left-the-armed-forces-between-december-2008-and-september-2011
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Hi, I've been in dispute with the Nationwide for the last 12 months, regarding unfair charges and incorrect data on my credit files. We have not been able to come to an agreement so I am considering starting court action in the next few weeks. First I will list a history of the account: Sorry it's so long, but it does cover everything. I've only got around to making a SAR request in the last few days, so I can't submit a claim until I receive the paperwork as I want to double check exactly what letters they sent me. But even before I receive the SAR paperwork, I want to prepare my claim and make sure that I submit everything 100% correct. The laws which I think they've breached include: Unlawful termination Unlawful default Breach of contract Unfair treatment Unfair terms Data protection act (passing on letter to MKDP) Data protection act (Incorrect data on credit file) As a starting point, exactly which laws should I read into more and are there similar cases that it's worth looking into? Also I would really like to claim defamation because that's what they're doing, but I've read elsewhere that defamation cases are highly risky and expensive, so I guess I'll leave that. One problem is claiming damages. I've read elsewhere that you have to show a breach of contract and law and the hardest part is that you have to show quantifiable damage. How do I quantify the damage to my business and credit rating? When I submit a claim, do I have to state a maximum that I am claiming, because if this is a high value, then isn't the court fee really expensive? Can I claim damages for the stress and hassle that this has caused?
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Hi could anyone help please. I have won a CCJ against the BOS. I applied for a money provisions order to register this in Scotland, the CCMCC have cocked this up and just sent a normal Judgement to me but took my £50 for the Form 111 anyway. This is being sorted today so I should have the money provisions Cert on the way. My question is; do I really need to transfer this to Scotland if the BOS have branches in England, in fact do they have branches in England? Google'ing this is unclear as they seem to be connected to other Banks in England? If so then fair enough, but I wondered. Many thanks in anticipation. -
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Six years ago (in 2009) a Freeman on the Land (FMoTL) supporter by the name of Mike Dobson (Mike:of the clan Dobson) drafted a Removal of Implied Right of Access notice which he used to ‘scare off bailiffs’. He advised on the Freeman Ireland website that the notice should be put up at the boundary of the ‘private estate’ and the ‘public access way/street’ and that if a bailiff came to the door of the house they should be politley told that they would be trespassing and that they would have just 60 seconds to leave before a call would be made to the Police. Due entirely to the internet, the Removal of Implied Right of Access notice drafted by Mike Dobson went 'viral' and appeared on the Freeman on the Land’s favorite media outlet; YouTube. In 2010, the notice first appeared on the popular FMoTL forum; Get out Of Debt Free. Within a short time all popular Freeman on the Land websites carried the notice with many of them making their own changes to the wording. In March 2014 I researched the background to these silly notices and started a thread on this subject which to date has received over 12,000 visitors (link below): http://www.consumeractiongroup.co.uk/forum/showthread.php?420602-Notice-of-Removal-of-Implied-Right-of-Access-(NOROIRA)....where-did-these-bizarre-notices-come-from PS: Unfortunately, the internet sites that recommended using this notice were unaware that the notice proved to be a complete and utter failure for it’s author; Mike Dobson (see link below) http://www.consumeractiongroup.co.uk/forum/showthread.php?420602-Notice-of-Removal-of-Implied-Right-of-Access-(NOROIRA)....where-did-these-bizarre-notices-come-from&p=4664219&viewfull=1#post4664219 -
Hello all, A good friend of mine has been given notice of eviction by his landlady after he complained about her workmen damaging some of his possessions and holding her liable for the cost. He is now unsure of how to go about following up if she refuses to compensate him. Does anyone have any advice? Thanks in advance! -
http://www.getsurrey.co.uk/news/surrey-news/claims-parking-restrictions-discriminate-against-9319524 Relates to this old thread; http://www.consumeractiongroup.co.uk/forum/showthread.php?405374-PE-sign. -
Hi, I am putting together a claim against a mortgage lender for misrepresentation [Fraud upon the court] in a previous possession claim. A possession judgement was made in favour of the alleged mortgage lender and the property was sold. Subsequently I have established that the Deed was not completed at the time of execution, the date being added at a later date which voids the Deed under s1.3 of the Law of Property (Miscellaneous Provisions) Act 1989. I am trying to establish what court forms I need to complete in my claim which is for 'repossession' of the property which was unlawfully taken from my possession. There is also a claim for damages so the overall claim is part money and part possession. I believe I need to file an N1 Part 7 Claim but am not sure if that is correct or if there is any other form to complete.
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Hi everyone I am having a terrible time of late and this letter has just about done me! On Sat I received a letter from BW Legal dated 13/05/2015 on behalf of Lowell (I'm pretty sure they are the same company?) saying 'A COUNTY COURT JUDGMENT HAS BEEN ENTERED AGAINST YOU' 'On 17 April 2014 our client obtained a County Court Judgment against you in the sum of £420.50 in the Northamptonshire (County Court Bulk Centre) under claim number ********' Details of this judgment will be enterd in a public register, the Register of County Court Judgments, That information will then be passed to credit reference agencies which will have an adverse impact on your credit file' 'Unless the full amount of £420.50 is received in this office within 10 days of this letter, we will seek our Client's instructions to enforce the County Court Judgment against you' Have I got a CCJ? I have tried checking my credit report today but it says it is not available. I already pay Lowell £6 each a month off 4 accounts I already have with them. Why would I not have set payment up for this one as well? I don't remember receiving any letters saying I was being taken to court. It is for an old JD Williams Catalogue debt. I am 6 months pregnant, I lost my job in March and have no income apart from housekeeping money my boyfriend gives me, until my Maternity Allowance gets sorted out and I am back on anti depressants so I really don't need any more crap piling on top of me. Can anyone help me out with this situation and what to do next. Many thanks Lisa -
Hi guys, I received today a county court form for the sum of £122 from DHL. Supposedly for a customs charge i didnt pay 2 years ago. I import items every couple of weeks and i pay up promptly. So im pretty sure DHL have got it wrong, unfortunately when i called them they said unless i can provide a ref number to prove i paid then they cant do anything. Of course i have not kept any ref numbers. today i received the court form papers, My surname is spelt wrong it has a extra letter in the middle. Prior to this i hadn't received any warnings about the late payment. I have no agreement with dhl and i have not signed anything to agree to pay anything. Ermm,, so its is there anything i can do about this? obviously i can go to court or sign the document to clear my name. But the thing is DHL do not release the parcels until payment is made ie...to the driver or to dhl.co.uk/epayments. So im 99% sure i paid these customs fees. So my options are: 1.Pay it and forget about it 2.Return the unsigned paperwork and say no mr **** lives here 3. ?? Thanks in advance.
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I wonder if anyone else here has had occasion to buy BMW navigation DVDs online from naviupdates.co.uk? His site advertises with '100% satisfaction or your money back'. However, reality is that if the product doesn't work, it is your fault and no refund is available. Since the sums are relatively small, £29.99 in my case, it slips under the cover offered by the Credit card issuer. I have to be fair: the vendor sent three different DVDs before I finally asked for a refund. I would be very interested in any suggestions of how I could get satisfaction? -
The IFA is long gone as he was associated with an Estate Agent and no longer works with them The policy is on a Norwich Union Life Insurance product I am still paying for with about 10 yrs left - the Payment protection was added onto the policy and I remember feeling quite pressured at the time to include it Who should i put a claim against ? The IFA or the company I pay premiums to Is there a standard letter I can send to activate the claim and start the 8 weeks countdown that the Financial Ombudsman require? Also would I need to request a SAR from Norwich Union (now Aviva) as I think when I moved overseas I may even have requested the PPI be cancelled Thanks, any help would be appreciated I am all at sea with this whole process!
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