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  1. we had a visit from a bailiff the other day and he clamped the car outside. the warrant was for driving in a bus lane! The offence was not committed by me. I would like to know the new laws and the new powers that the bailiff have. The bailiff had clamped the car and put a levy letter through the letter box. my partner sat in the car and said she was not getting out of the car as she said she had written to the council to appeal. The bailiff called the police and they turned up. The bailiff showed them a piece of paper with this 68 (1) A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent. (2) A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse. (3) A person guilty of an offence under this paragraph is liable on summary conviction to— (a) imprisonment for a term not exceeding 51 weeks, or (b) a fine not exceeding level 4 on the standard scale, or © both. (4) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in sub-paragraph (3)(a) to 51 weeks is to be read as a reference to 6 months. Does this power above apply to both county court and magistrate court? as this is only a county court warrant. would someone get arrested for refusing to get out of the car when the state that this was a peaceful action. The bailiff refused to take part payment of half and half later. but I know that this bailiff had a hidden agenda as his brother had been to our house many years ago and was forceful and charging fees that were incorrect and lost out on all his fees when we complained to TFL. We know this because after we sorted out the payments to the bailiff he then asked what happened with his bother all them years ago! as if he didn't know!
  2. A friend has been taken to Court (County) the debt has been transferred up to the High Court for enforcement, the debt relates possibly to goods supplied IRO £2.2k plus fees now. Case heard and dealt with end of 02/15 the defendant did not defend or make representations, this shows up on their credit file (checked today) The first the defendant heard of this case was the notice of enforcement posted this afternoon The HCEO has attended the property and left a NoE through the letter box. The HCEO is ........ The original case was heard without being defended. CCJ by default. I have advised the following 1. Complete a N244/N245 and to do so straight away so he can have the Judgement set aside 2. There is a Motability (MB) vehicle on the drive with a blue badge on display + the handbook from MB 3. The defendant is in receipt of middle rate care and high rate mobility DLA 4. The person is often out of the home having appointments 5. The only person in the home is classed as vulnerable for enforcement purposes (the partner) serious MH issues, documented and letters available on the spot 6. The total amount of goods in the home WILL NOT COVER THE DEBT. 7. The defendant is recently disabled and has the DLA award letters to hand if needed. 8. The enforcement address is a council residence Have I missed out anything of importance if so let me know thx
  3. Firstly a big thank you to anyone whom helps. Going back now some 12 years I used to use a style card which was a store card with a silly high APR that in my youth a had loads of charges on for late payment and I believe also PPI. The card was owned by then RBOS and the card no longer available and hasn't been for some years around 2008 Am I still able to claim for the charges after this time? To whom would I write to requesting details and charges to my account? Many thanks
  4. Will keep it brief for now - I received a PCN for parking in a residents bay (my bay) but the permit not on display. However on the ticket they have got an address that doesn't exist, ie the car was parked in a road with a completely different name. However the parking ticket company has now claimed this is not important as the address on the ticket attached to the car matches the address they have specified in their contract with the landowner !! It appears to be a generic name for the whole area as opposed to the actual road name. They have sent me photos of the car - so would this stick in court ? Could the court argue I am being pedantic given I have been given the photos or can I state that the address has to be accurate else I cannot recall the events. Thanks for any help
  5. I have checked my credit file today and noticed something I am not sure if affecting me twice or not. I have an account that states it is in default, but the status of the account is closed this has then been sold to a DCA and they have put a default on the account as well. Default Info 1: Default Balance: £805 Default Date: 13 April 2010 Default Satisfied Date: 19 June 2012 Default Info 2 Default Date: 13 April 2010 Default Satisfied Date: Not Satisfied Am I right in viewing this as 2 defaults for 1 debt? If so, is it allowed? Thanks in advance
  6. Hiya I need a little advice. I bought a mattress from Bensons For Beds about 5 years ago - it cost about £900 and was a Reactaform Memory 1440. We bought it because the dude in the shop said it wouldn't dip, and it had a 5 year guarantee After about two years it had, and they sent a guy out who said it hadn't dipped enough, and that it wouldn't be replaced. As the end of my 5 year guarantee neared I tried again, and this time they found there was an issue. However they will only refund 75% of the original cost. I have to go and choose a new mattress from the same range meaning a will have to pay extra to get a similar mattress (it also has to be from the same 'range'). I questioned this, but I'm being told that it is all covered by the Sales Of Good act. Is this correct? Do I have a case to go to the Furniture Ombudsman? I've asked for a copy of the guarantee but they wouldn't produce it. Interestingly, the letter I got says they will give me £652.17, and I can go choose a new item 'Re-selection with no charges', but if I do choose an item that is more expensive than the original then I will have to pay the extra, which seems deliberately misleading. Any advice?
  7. when complaining to the g.m.c or ombudsman you are required to give permission for your medical records to be available. so it is very important these records are correct. you have a right to see any records ( without charge ) held by the n.h.s which are all available at your g.p. practice. you may also request photocopies so you may read them at home at your leisure ( there will be a charge for this ) if like me you have found errors in your records you must write or better email the practice manager and ask for for them to be corrected immediately, this could be the difference between your complaint being taken seriously and your complaint being cast aside. THE PRACTICE MANAGER KNOWS THIS
  8. can i check if this is sufficiant wording or if i would need to change it You can respond to this letter on the above address, I have asked Mr XXX to countersign this letter, this signature confirms that I have his full confidence and authority to act on his behalf, including the rights to bring court action in my own name on his behalf, and the right to represent him in court if necessary.
  9. Hi. I just have a question regarding ESA. My husband had spinal surgery in October and has been on ESA since the end of September. He has received a letter saying he has to attend a medical on the 13th February but thats the day he is due back to work and all being well he will go back that day. Do I ring and tell them that he is back to work that day and they should cancel the appointment for the medical? Many Thanks
  10. Hi, I was recently contacted by Lloyds to tell me I may have been miss old PPI on my business account. In deed I would have been as I have never knowingly had PPI due to being self employed and believing it wouldn't cover me. I also asked them to look at another business account I had with them. I had two separate businesses. The first Business (lets call it T) account it appears they managed to add it to 3 loans, therefore I believe it impacted on every loan that was replacing the last. As well as adding PPI to its overdraft. I have been offered £2791.38 settlement but no one can give me evidence of where this came from as I would need to pay £10 for them to get it from the archives! The letter breaks down amounts for each account but doesn't even give a date the loans were taken out. The second business (lets call it C) it turns out also had PPI added to a loan. This time they are able to tell me the exact date and I can check my statement and see it going out. This was 9th September 2004. This business account was settled (due to closure of the business) and a partial refund was refunded 16th July 2007. The total they are offering on this account is £2654.70, in my opinion suspiciously similar to the offer made on the account mentioned above. The first business (T) I sold a few years back so no longer have either of these accounts now. Firstly, the bank are fully aware I have no paperwork, insurance policy for these PPI insurances, as I had no idea I ever had them. Therefore as I said to them, they could be plucking figures out of the sky for all I know. Secondly, surely the PPI could have impacted on any charges I received in the current accounts of these businesses for using an overdraft facility? Regards the first business account (T) I have contacted the financial ombudsman and sent them the information as, a)I was really not happy that I was expected to pay £10 to get information I should have been supplied in the first place. b) When I phoned Lloyds they couldn't tell me how they came to the figures supplied, after a lot of going round in circles the only thing they could say was that they asked the insurance company! So My real question is a) Regarding the second © business account Loan, which they have supplied more information on, could it have impacted on the business account and so can I claim charges on the overdraft? b) Can I rely on the Financial ombudsman to get to the bottom of the First (T) Businesses PPI that was added to three loans and an overdraft? Sorry for such a long post but do not want to be ripped off and surprise surprise do not trust the banks!!!
  11. Can someone point me in the right direction to post a specific question regarding a debt collection company and a debt? John
  12. This forum has been amazingly useful to me in my claim for PPI mis-selling vs MBNA. To cut a long story short; I attempted to claim mis-sold ppi directly with MBNA who rejected the case. I then approached the FOS who (some 12 months later) have upheld my complaint and have informed me that MBNA will be making an offer of compensation. In order to calculate what I may be offered I have used the FosCISheet v101.xls. My concern is that this spreadsheet has calculated a SUBSTANTIAL amount of compound interest based on 2.5292% per month 30.39% APR. The credit card dates back to 1995 and I have (foolishly) always had an outstanding balance. The compound interest calculation is well into six figures! Can this be correct? Help and advice most welcome. Paul
  13. Don't exactly know where to post this, so posting it here My local poundworld is terrible for giving the correct change, more or less every day, they don't have 1p pieces, and the operator make their excuses.. .sorry I don't have any 1p coins, even when I asked for my 1p change, he just closed his till This has been going on for the last 2 years, I have even contacted there customer support, and once more today sent a strongly worded email I would like to know from someone who is in the know, would this be classed as theft, if it happened once or twice, then call it an under sight, but to happen all the time, some one must know its going on The xxxxxxxxx bit is something I want to take up with my local police officer, as I recon, Im owed around £3, in change not given to me, over the last 2 years I even consider, if this is happening in other poundworld stores, there something very underhanded going on
  14. Friend has a car on Sorn and mot expired months ago. She is putting the car back on the road next month, but she just bought a private plate for it. Will the registration change have to be done prior to MOT or can they issue another certificate without further testing?
  15. Today I had a visit from Whyte and Co bailiffs. Unbeknowst to me I had a pcn stat declaration rejected by Northampton county Court. They wanted £517.84. they gave no breakdown. They never sent any letters, claiming I had lost my right to any notification of rejection or correspondence from them as I appealed. I paid them all I had (£600, and they are returning every Friday for £100 until the balance is cleared. I had to pay them as they were threatening to clamp my work van. I am being sent an N244 form by the court, but am sure they have not behaved in accordance to rules. Any advice would be greatly appreciated. Thank you.
  16. Posting a link here (hopefully, as not tried before) for Womble68's thread. Has anyone had this experience in court please? Please see post number 15 http://www.consumeractiongroup.co.uk/forum/showthread.php?399130-Reclaiming-Santander-Credit-Card-Charges&p=4368182#post4368182
  17. Hi all, right lets go from begining. Bristow and sutor has started sending letters for £1800 council tax which we started making payments by instalments of £400 every fortnight. apparently we have missed and forgotten making last payment of £391 and month later they send warning letter saying we have to pay it otherwise they will visit. they came to our house few days ago but we didnt open the door and he put the letter thu with fees of £180. i have spoken to them and i told them we were about to make a full payment tomorrow (friday) but because £180 fees is ridicilous we will not pay it and they said thats because he came with a van to remove the goods and i told him there is no proof he came with a van and the charges are stupid and it should have only be £18. he has been here once but we did not let him in so he has no list of goods. he said we can make the payment of £391 tomorrow and the £180 fees next month. we are not going to pay £180 as its bit stupid. are the charges right ? what you guys reckon we should do ? thanks in advance for help.
  18. The idea of giving someone points for speeding. I thought that the system was fair. What i cant actually get around is. If points and a fine are given why is the driver the persecuted by the insurance company ?
  19. From research on other threads, I have understood that DCA's should not add interest to a debt. Is this correct:?:. I had a credit card account which was defaulted and then closed (by the creditor). I have been paying regular monthly payments to the original creditor, and most of these have been recorded and are shown on copy statements that I received following an SAR. The account was "charged off" by the OC and at that point and further interest was not added by the OC after that. The account was then marked "Debt Sale" on the copy statements, and then a DCA started to add interest, despite my monthly payments continuing. I have received no statements from the DCA, but my file on the CRA's show the sum owed as increasing. The account does not show on the CRA anymore, as it is over 6 years old now. I have the original agreement, but cannot find any reference to "transferring" the right to charge interest, or for that matter any other aspect of the account, to a third party. Where should I be looking:?: Is there a part of an act I can quote regarding "unlawful" interest please. Any help welcome. Thanks t
  20. A friend bought a commercial fishing boat which will continue to be used in a business venture . The year old boat was advertised at 150k so he phoned to ask if that was the full price or is there vat to be paid . 150k covered everything he was told . All the correct paperwork from the vessel registery and departments of fishing etc were duly signed by both seller and buyer (a process that took months posting forms that needed both to sign back and forth) . But now he's told by the vat office he could claim vat back if he had an invoice and the sellers vat number . He has niether . The seller has long been a fisherman so is obviously vat registered and had the boat built only a year before . As the seller almost definately claimed vat back on the build my friend believes the vat man would send him a bill when the boat was sold (is that how it works ?) Hence my friends business should be able to reclaim the vat . The seller has always been good to respond to letters but never answers the phone . His general attitude is "if you need something signed just post it to me and i'll sign it" and has been true to his word every time . I wonder if someone could offer a template bill of sale that will not set alarm bells off when the seller sees it , that will also satisfy the vat man so the money can be reclaimed ?
  21. I'd be grateful if someone could confirm that I am taking the right approach in seeking removal of a default placed on my CR by British Gas. Back story: I moved into rented acc. in 07/09 and received welcome letters for both Gas and Electric acc with BG - I think the letting agency had informed them of my moving in - though bills were in my name. I physically moved out of the property in August 2010 - was advised by letting agency to leave forwarding address with them to close down utilites - (1st time renting -know now its my responsibility to let utility companies know the former). The letting agency did inform BG of my move and forwarding address but on 5 October 2010, and BG sent a final bill on 14/10 by which time I had moved from the forwarding address. It looks like BG have let the Gas acc go (£16 owing), but the electricity acc was defaulted in April 2011 for £157 - I immediately settled it, with a debt agency, upon discovery on my CR (March 2012) - the default is registered by BG. I have written to BG requesting to the see a default notice, but they are of course not CRA regulated. I was thereforefore thinking to set out the above and see if they will remove the default - maybe also quote something from the DPA.
  22. Hi all. I'd really appreciate it if somebody could clear this up for me. I checked my Experian credit report a couple of months ago and realised an incorrect entry had been made by a "credit card" company (one of those pre-pay ones with a credit building facility) around 11 months earlier. I'm embarrassed to say I made a stupid miscalculation which meant I missed the final three payments without realising. I presumed I'd allocated the correct amount of money several months in advance but it seems I had a shortfall of three payments. As soon as I realised my mistake I made the payments and presumed the matter was resolved. I rang them and they confirmed that the payment had arrived but would be recorded as being "3 payments late". Obviously I couldn't dispute that because it was my own stupid fault. The account was closed (I think) in January 2012 but when I checked with Experian in November 2012, I discovered that Cashplus had recorded an inexplicable outstanding balance of £9.00 in January which meant it was regarded as "delinquent" by Experian (but not defaulted). It remained that way with no further activity until I checked in November. I wrote to APS Cashplus to point out their mistake and they have accepted that they'd made an error over the £9.00 and they've corrected it with the credit reference agencies. However, the account appearing on Experian has a status of "3 payments late" with a balance stating "settled". Of course I accept that the 3 late payments must be recorded but I'm not entirely sure they've done this correctly. In a nutshell, what I'm asking is if it's correct that I am being penalised by a "delinquent account" even though the balance has been paid (albeit slightly late) and is now £0.00 and the account is settled? I accept that it was three payments late but I find it difficult to believe that this should still be regarded as a delinquent account on my file for the next 5 years or so. The last two payments on this account have been recorded on Experian as "late" even though the balance was zero on both. I've copied the info below as it appears on Experian. The ones in orange were classed as late payments even though the last two were zero (is it possible to be late paying off a balance of zero?). Balance: £0 £0 £14 £14 £14 £14 £19 £24 £29 £34 £39 £44 Any thoughts and opinions would be very much appreciated
  23. I want to check if my employer has correctly applied my leave entitlement. He calculated my pro-rata entitlement to be 15 days. Which is what I expected. I work 36 hours per week with Mon, Tue and Thur being half-days. If Monday was a bank holiday, Is it correct for my employer to deduct 1 day from my entitlement even though I only work 0.5 days on Mondays?...I wouldn't be complaining if they actually paid me for a full day, but I still only got paid for 0.5 days. Unless I'm mistaken, it just doesn't seem right. Can anyone help confirm?
  24. I need to do an SAR for an old MBNA account - does anyone know of correct address to be used as I seem to have a number thanks
  25. I'm looking for some advise for my sister. Her own fault I know. Last year she was caught speeding on the motorway. She was doing 105mph on the motorway and without going into the how she managed to get away with 3 points. On April 1st this year she was caught speeding again and took the speed awareness course instead of the 3 points and paid £100 fine. 2 days ago she was speeding again doing 59 in a 50. She has asked me to say I was driving but I have refused. She may be my sister but I ain't breaking the law for her. She has been told that she will receive a driving ban of 6 months. Is this correct? She has been driving for 7 years. Many Thanks
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