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Found 11 results

  1. Today I received a large pile of documents from Prestige Finance, with whom I have a second mortgage. I have identified 10 unlawful charges of £35 each. But this account was previously held by lenders GE Money. Either they went into administration and "became" Prestige Finance, or GE Money simply sold my account to Prestige Finance. I have identified seven unlawful "administration charges" of £40 each while the account was with GE Money, before I found my account being handled by Prestige Finance. So my question is in two parts. 1. Am I entitled to recover the £280 unlawfully charged to me by GE Money before Prestige Finance aquired the account (and if so, who do I get the money from? Prestige? Or GE, who may no longer exist?) I had always assumed that if a going concern such as a lender was aquired by another going concern then the buyer going concern would also be buying the seller's liabilities as well as its assets (in which case Prestige would be liable to refund me the money that GE had stolen from me). But I may be wrong in this case. 2. How do I get my money back from Prestige Finance? Do I just ask for it back or do I need to take them to court? Can I charge interest at the statutory 8% and how can I calculate that? Can I add on anything else such as the time it has cost me and also the stress? Thanks in advance.
  2. Had to email the court to see where a claim against me was as hadnt received anything. Received an email from them today stating that due to me not filling out the questionnaire my defence was struck out, further down the email stated that the claim has also been struck out as the claimant did not file a directions questionnaire. I can pay money to have my defence considered, but its seems to be a standard email sent out as as the case has been struck out it is pretty irrelevant. My real questions are Can the claimant pay £XXX amount to reopen the case? If YES do I need to pay to have my questionnaire submitted or does it reset the clock? If they can do this will I be informed of this and my defence accepted? Full email below. Unfortunately we cannot process your Directions Questionnaire as it has been received outside of the time allowed. The defence has now been struck out. If you would still like to contest the claim you will need to apply to re-instate the defence. This application should be made using an N244 Application Notice and should be accompanied by a completed Directions Questionnaire. You will need to explain why you did not file your Directions Questionnaire within the deadline provided and why you feel you should still be allowed to contest the claim. All forms can be downloaded from www.justice.gov.uk/forms. If the claim against you was for over £10,000 please attach an N181 Directions Questionnaire; for claims of £10,000 or under please attach an N180 Directions Questionnaire. You will need to provide one copy of the application for each defendant, one copy for the claimant and one copy for the court. There is a £100 court fee to process the application without a hearing or a £255 court fee to process the application with a hearing, payable by cheque or postal order to HMCTS or by card by calling the Helpdesk between 9am and 3:15pm. If you are applying as an individual rather than on behalf of a company and you cannot afford to pay this fee you can check if you are eligible for help with fees by downloading the EX160A booklet. Please note that the claim has also been struck out as the claimant did not file a directions questionnaire. Please note, applications are not automatically granted. The outcome of your application is at the discretion of the District Judge or court appointed Legal Advisor. If you require any further information please contact our helpdesk on the number below. Alternatively you can email us at [email protected]; Please ensure that you state the above case number in the subject heading of your email
  3. Hi all I have had enough of stupid calls at all times of the day which are annoying and now a caller chasing something we know nothing about (perceived debt?) Many years ago there was a device talked about on these forums that allowed you to block all sorts of unwanted calls, it could filter out etc and also you could record them to an sdhc memory card, useful for all sorts as you can imagine Does anyone here remember what I am about, I apologize in advance as I did try searching here and also on google but so far I cannot find the exact thing im looking for.
  4. I’ve just been offered and agreed to take on some consultancy work by a local consortium. I’m currently working full-time in the NHS and this work, whilst linked, will be done in my own time (evenings / weekends). I’m wondering about the best way to separate and deal with the additional income which could be perhaps an additional £10k per year. I’ve looked, albeit very briefly, into creating a sole-trader company so that I can have a separate bank account and entity from my otherwise full-time PAYE income. So, what’s the best way to ensure I don’t get myself into a mire with the HMRC?
  5. Hi, Firstly sorry for the long winded post but just trying to summarise our problem and will get to the point eventually lol, hopefully someone can help with my fiances problem, My Fiance moved in with me in July 2014 and she has some serious medical conditions that have been going on for 9 years and aren't going to get any better, She moved from the south to join me up north and we both new it was important to become registered with a local GP as soon as possible with her requiring constant repeat prescriptions for controlled drugs. She approached the local GP surgery and requested registration, was given a form to complete and thought that was that, from there its been nothing but a nightmare. On our first visit to the GP we were informed that the secretary had registered her on a temporary basis and not permanent meaning her files wouldn't be requested and the GP would have no info on her conditions and problems, the secretary said it was done in error but it was ok as after the 2 month period she could register again on a permanent basis, creating major problems as the level of her medication which had been established over the last years with her old GP was under question by the local GP and trying to explain all the medical problems (there are many) seemed to be falling on deaf ears and literally taken with a pinch of salt and disbelief by the GP. As my fiance is on such high levels of meds she frequently had to request repeat perscriptions due to the GP not allowing the levels her previous GP and pain clinic had perscribed as they had no medical notes infront of the explaining her medical history. On one occasion my fiance (who struggles to get out of bed some days and has great difficulty getting about) walked up to the surgery as per practise rules to order a repeat prescription and allowed the 48 hours for processing, as my fiance was unwell and had ran out of her med's for a day I went to collect the script that had been ordered to be told that there wasn't one there and the secretary then looked at her computer screen and said there was no script, and went on to work out how much medication my partner should have left for the time period from the last script (thought this was a clinical decision and not one a secretary should be making or discussing openly on reception infront of waiting patients), despite my fiance being on a sliding amount relevant to her pain, this calculation made by the secretary was wrong leaving my fiance with no med's and told that it would take a further 48 hours to rectify (the med's are controlled drugs and cannot just be stopped), despite this there was no offer to rectify the secretary's error straight away and refused to be able to see a doctor urgently. Obviously we were disgusted and frustrated. On another occasion my fiance had an appointment to see a GP, as she is unsteady on her feet I escorted her to the surgery, her appointment lasted 25 mins to my surprise and on her exit she had a urgent referral letter to hand to the secretary, she informed me that the GP had found a lump in her arm, one in her armpit and one in her breast, the reason for the lengthy consultation was that the GP had to call a second senior GP for a second opinion, the urgent request was handed in and we awaited an appointment. Several weeks passed and we received a Book and Choose appointment to the local Skin Tag clinics, my fiance rang and enquired with the skin tag clinic if this was the correct referral for lumps in flesh i.e lumps in breast tissue and in armpits, she was told it was a skin tag clinic for removal of lumps ontop of skin and to contact her GP surgery and notify them there has been an error as she had been referred to the wrong clinic. upon doing this my fiance managed to speak to the secretary that had made the referral and she apologised for the error but was told that she couldn't rectify the problem and that she would have to go back and see the GP for it to be rectified, an appointment was made for two days later for 11.30am despite my fiance having an hospital appointment the same day for 3.00pm for an endoscopy but due to the worry of an urgent referral that hadn't turned out that urgent in their eyes my fiance accepted the appointment. On the day of the GP appointment and the endoscopy appointment my fiance hadn't slept all night with worry, she fell asleep at 7am. I tried to wake her (which is difficult enough on normal days due to the medication she is on) for her GP appointment but was unable to do so right upto half an hour before the GP appointment, so i rang the surgery 25 mins before she was due there to notify that she wouldn't be able to attend and informed them the reason why, I was told in a not so nice way that I should have called Half an hour before the appointment and that this would go down as an Did Not Attend, despite the secretary being very off in her manner I asked if we could reappoint as the appointment was regarding an Urgent referral that had been made with the wrong clinic and that the referral was supposed to Urgent despite 3 weeks passing and hadn't been rectified. With that the receptionist checked the appointment and informed myself that my fiance had been made the GP appointment but that she had Dropped of the system due to her only being temporally registered and the 2 months had expired so she wouldn't have been able to have see the doctor anyway! Obviously this created great confusion and frustration, my fiance had an appointment booked but had she have arrived at the surgery she wouldn't have been able to see the GP?? and was told before my fiance could have an appointment she would have to go to the surgery and register as a permanent patient, I was then asked if my fiance was available to talk (due to patient confidentiality) I told the receptionist that my fiance had just stirred from her sleep due to her bad night of worry and that she was'nt really in a state to talk but she said its fine if a can just talk to her plz so i passed the phone over to my fiance, i was by her side and could hear the receptionist being very abrupt and talking down to my fiance, to that my fiance asked the receptionist said 'excuse me iv'e only just opened my eyes, would you mind not speaking down to me like something you've just stepped in and talk to me a little more civilly), my fiance was explained why she would'nt have seen a doctor today if she had attended and told to visit the surgery and register as a permanent patient, my fiance hung up, this was a friday so she could'nt get to the surgery until monday as she had her endoscopy to attend that afternoon. Monday came and my fiance realised that her meds were very low and that she needed to register as a permanent patient to avoid complications as in the past, she rang the Surgery and asked what the procedure was to register permanently and that she needed an appointment due to her med's running low. She was told by the receptionist that the surgery would'nt accept her as a patient due to being Verbally Abusive to staff and she had to find another GP surgery, she was also informed a letter was out in the post notifying her as to the reason why. We never received any letter so we rang and asked the Practise Managers name to address our complaint to and was informed Dr X by the receptionist, so we wrote to Dr X asking for a meeting regarding the accusations and what had happened in the past, Dr X replied refusing a meeting/appointment stating that on several occasions my fiance had been verbally abusive to staff and due to the NHS zero tolerance procedure the practise wouldn't accept her as a patient. So we sent a section 10 Data Protection Act Request for my fiances notes and copies of any documentation including notes of the alleged verbal and abusive behaviour including dates and copies of any referrals made urgent or non urgent and to which clinic, along with the stat £10.00 postal order. we have since been sent a reply from Dr X returning our postal order stating that they no longer hold any records and enclosed a list of dates and circumstances that my fiance was supposed to have been verbally abusive to staff but these are written in his letter not copies and to be honest none of the dates tally with appointments she had and the seems all fictional there's double appointments she has missed apparently after the date her notes so called dropped of the system??? the GP clearly refers to evidence he holds in his hands and on a recent telephone call to the surgery with an enquiry about my fiances sicknotes the typed her name in their system and they informed us of dates that they stared and finished in the past, so obviously something is on their system. We sent a letter notifying DRx that he had failed a s10 Request and returned the postal order and that the days are still counting down, and just had a reply stating that ' we do hold statements from staff regarding your communication and conduct during your contact with the surgery, however as it has been abusive both in the surgery and over the telephone I'am refusing to release those statements to you on the grounds that should I do so, I feel there is a real risk of my staff having further abuse which is not acceptable' and that he has taken advise from his local NHS information Governance Support Officer. We have since found out that Dr X isn't the practise manager as informed although Dr X has taken it upon himself to reply and that Dr Y is the Official Practise manager. (again informed by receptionist that Dr X was Practise Manager???) Can anyone please advise if this is correct??? if we can continue persuing any documentation they hold on my fiance?? the pure incompetence of the receptionists is unbelievable and beyond belief the claims being made are so far from the truth, my fiance has been with her old GP for 13 years and not one complaint made against her but yet she moves here and within 2 months there's two or three and I have been with her in the surgery at the alleged times and also within earshot on the phone.. and none of these alligations are true. Since this farce with the Local Gp and only a week after the refusal to re register there my fiance ended up in hospital for two weeks prior to christmas and this could have been avoided had she her GP to call on... Again sorry for the lenthy post just hope we can get some help/advise Hadituptohere
  6. We purchased an Aqualisa Vitalise SLX 8.5kW shower as part of a bathroom suite March 2013. From then until about 6 months ago it worked fine (Max temp on setting 3 of 45°C) 6 months ago it started intermittently not heating up to full on 3rd setting (Max of 36-37°C). We just got on with it, having other things to deal with. The fault is that: Setting 1 does not "click", and does not affect water temperature. Setting 2 "clicks", lights dim slightly, and water temperature increases. Setting 3 does not "click" and does not affect water temperature. Therefore i'm guessing that Setting 1 switches on one heating element, Setting 2 switches on a second, and Setting 3 switches both on. (Hence why 1 and 3 don't work). We eventually had time to research the problem (November 2014) - these showers were recalled in Dec 2013 due to risk of electric shock. We contacted the company who said that if it was not leaking then it was not eligible to be replaced under that recall. (http://www.electricalsafetyfirst.org.uk/product-recalls/2013/12/aqualisa-vitaliseenergy-electric-showers/) We then contacted their technical support who sent an engineer to investigate, who turned up with a whole new (?refurbished) unit, and fitted it. He said that due to low local water temperature and it only being an 8.5kW unit, the shower may not reach the maximum temperature. He left with the shower not achieving more than 36°C, having lowered the house water pressure slightly. Having investigated more thoroughly since, it appears that this replacement shower ALSO has the same problem our previous one had. Throughout winter 2013 the shower worked perfectly. Question is, who do we chase? Since Aqualisa replaced our previous unit, does the Sale of Goods Act apply to them?
  7. In brief - We went to a local independent flooring company, wishing to purchase a wood floor. The owner talked us through the various products, came to our house to look at the area it was for, measured up, checked the subfloor etc. He then recommended a product for us, ordered it and arranged for "his team" to come out and fit. He arranged the day and time they were to come out and told us that we should pay them cash on the day. In the meantime, he took moisture readings, spoke to the manufacturer and also the manufacturer of the underfloor heating we'd had put down, to check what underlay might be needed. The floor was fitted by "his team" - his brother and another man. It subsequently failed 4 times in the course of a year. The first 2 attempts to remedy the problems were made by the fitters. After it went wrong the 3rd time, it came to light that the fitters and the company owner had parted company, so the company owner/supplier came out and attempted to repair it. The same thing happened again, and he came out again. At this point, the supplier offered us a replacement stair carpet for our trouble. We said that this was not necessary, but if the floor failed again, we would be seeking a refund. When it failed again, we requested our money back. The supplier agreed, minus fitting costs. When we argued, he withdrew his offer and offered us a replacement floor instead. We expressed our concern that we had no confidence he had the neccesary skills and knowledge to fit a floor, given our experience thus far. We then took advice from the CAB and wrote a letter before action, inviting the supplier to comment on what he believed to be the issue with the floor, and offering to go to mediation. He responded, trying to lay the blame on us with various spurious claims, including that the contracting of the fitters had nothing to do with him - since the receipt he issued clearly stated "supply only." We then wrote again, offering to have an expert inspection and report done on the floor, and asking that both parties share the cost in order to confirm what had caused the problems with the floor. He refused, saying the cost was too great in relation to the value of the floor. We once again gave him the opportunity to refund us, while warning him that he may be asked to pay the cost of the report, should we take our case to the small claims court and win. In order to ascertain whether we had a case, we had the expert inspection done. It found that the fitting was to blame for the issues, including inadequate moisture and humidity readings taken by the supplier. The expert contacted the supplier to find out exactly what prep he had carried out and the supplier told him. The report also queried the suitability of the product for the conditions of our property. Once again, we wrote to the supplier with details of the report's findings and requested a refund of both the flooring, fitting and cost of the report or we would have no choice but to take our case to the small claims. The supplier has not responded. We feel we have a strong case. However, our concern is that it may be thrown out on the basis that the receipt we were issued was for supply only. In the letters from the supplier, he does state that he tried to repair the floor on 2 occasions, hut says it was purely a good will gesture. However, he also states that he did the pre-fitting site visits and prep. So, what is our legal position regarding his responsibility for the fitting of the floor?
  8. Howdy! Entering a Token Payment Plan with StepChange as been avoiding creditors for long years now. Could someone tell me how to find old bank account numbers, old ref numbers to finish off my paperwork for TPP? I haven't kept any old letters etc, and I'd like to avoid ringing creditors at all costs. My credit report doesn't exactly show ref numbers. Is it actually crucial to find them anyway? StepChange said it would greatly help.
  9. lets hope they can get it sorted icetech have had enough problems and are an important employer in the highlands for youth too dx
  10. Good news is customers will be allowed to leave without any penalties. http://www.dailymail.co.uk/money/bills/article-2216136/Sky-hikes-line-rental-18--charges-SECOND-time-year.html
  11. No suprises there then. http://www.fsa.gov.uk/about/media/facts/fines/top
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