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  1. Firstly, I do have another unrelated deposit thread from 2014, this relates to a different tenancy held in my name on behalf of daughter! Just ended a tenancy where we had resided for four years. We had some issues with mould throughout the property and felt that the LL or agents were doing nothing to resolve the problem. We gave notice, and thoroughly cleaned the property and had all the carpets professionally cleaned. Tenancy ended on the 26th March, we met with a LL's representative at the property on that day, who went around the property with my partner and expressed that he was satisfied with the condition and he also discussed the mould in detail, that there had been problems with it previously and that he was going to clean it up and decorate over it. Also the agents representative met us around the same time, did not do an outgoing inventory, took the meter readings and the keys and quickly left. Assuming that there was no issues we waited until the 6th April and then requested repayment from the DPS of our deposit. And we waited, we noticed on the 25th that the deposit has had a dispute issued. DPS emailed and advised to contact the LL/agent to liaise with regards to this. My partner has emailed the agent, requesting details of the dispute, despite them having all the forwarding address details, email and phone number he also requested as to why no-one has come forward to discuss any issues. No signed ingoing inventory done, but a inventory was handed over at the start of tenancy, and of course no outgoing inventory, so we are at a loss as to what the issues are. We have taken photos of the mould, and photos of each room prior to leaving. We will now wait 7 days for a response from the agents, and then go down the ADR route? I am grateful for any comments or helpful advice.
  2. Afternoon all having been a long time lurker on this forum I thought I'd post and ask for some of you experts on here to give some advice on a situation with K & Co (Shop Direct). The background to the situation is as follows. My mother in law opened an account with Great Universal some 20 years ago. They have now changed to K & Co and are part of the Shop Direct Group as you are all aware. The problem arose when a customer of my MIL (in fact my Sister in law) ordered a number of items on BNPL one of which was a note book computer type thing. My SIL states that the notebook was fully paid for within the interest free period, but despite this K&Co applied the full interest amount to the account balance (which i note from the statements I have they seem to do as a matter of course one month before they state the interest will be applied). This caused a dispute and my SIL refused to pay the interest amount therefore the minimum payments made were lower than K&CO requested on their statements. This started in April Last year. My SIL bless her has endeavoured to sort it out through telephone calls (eek!) to K&Co "Customer Excellence" and has as you can imagine been fobbed off at every pass. She has written to K&Co numerous times about this dispute and eventually escalated the compliant to the FO who were next to useless but in fairness having seen the letters I do not think enough info was provided by my SIL or enough evidence to back up her claim. As the minimum payments have been lower than requested my MIL has accrued a number of charges on her account. My MIL's position is that as my SIL was her "customer" and K&Co were fully aware of that fact then they should be pursuing my SIL for the notebook not my MIL. K&Co however deny all knowledge of my SIL as a customer of my MIL and therefore state that my MIL is liable for the entire debt. No-one is denying that money is owed, they simply dispute the amount and the validity of charges imposed when K&Co were fully aware that the balance amount was disputed. The matter has now been referred to NDR and my MIL has panicked and asked me to look into it. I have told her that NDR are just a trading company of Shop Direct and I have written to NDR (cc K&Co) explaining that my MIL will not be speaking to them on the telephone as the account is in dispute and that no payment arrangement other than the one currently in place (£84.00 pm) will be entered into until the dispute is resolved. Therefore my questions are: 1. K&Co final decision letter was written on 30 June last year. Can we still CCA and SAR them? 2. Is it worth sending a CCA as there obviously is an agreement in place (goods ordered/received etc) or is it best to go straight to SAR? 3. Does the fact that the FO was involved mean that no further action can be taken? FO involvement ended abruptly in Nov/Dec last year when MIL and SIL fell out over this. Any suggestions very much appreciated!
  3. Hi All, I was hoping to get some advice on the best way to handle a dispute I have with Virgin Media, which is probably something I should have done a long time ago. About a year and a half ago I switched from Virgin to Sky and informed them in writing (as is their policy) but it they deny receiving this letter. I wrote to the most local office to me and addressed it to Customer Services. Two or three months went by and I noticed that Virgin were still charging me by Direct Debit. I canceled it through my bank and called Virgin up, informing them of the situation. This is when they told me they'd not received my letter and considered my cancellation date to be from that time. Their policy is to be informed a month in advance so they told me they're going to charge me for another month. I told them I wasn't going to pay that, we had a little to and fro in writing and over the phone - I told them if they felt they had a case to take me to court. I heard nothing from them since. Over the last few days I have looked into my credit status using Experian (who have been great) and it turns out that this has really damaged my credit rating. Currently it is ranked as "poor" and I can't seem to get credit from anyone. Experian tell me that this is one of the main reasons but there are a few other very old things that they are disputing on my behalf. I made my point clear to Virgin at the time that I didn't feel this was owed and if they felt otherwise, to forward me some kind of legal case. It turns out that they just decided to hurt my credit rating and never contact me again. Am I in the wrong here? I don't want to call Virgin up at this time because I will only be making the same points again and as far as my credit rating goes, seems like they have all the power. There's nothing new I can say to them aside from please stop hurting me. Will I have to bite the bullet on this and make a repayment offer. It's only over £88 but money's a really serious issue for me right now. What do you think? Am I going to have to pay them to improve my credit rating? Any input would really be appreciated.
  4. Hi All, This isn't really a dispute as such as they don't reply to any of my correspondence but I'm hoping to get some guidance as to what actions I could take next. Here's some background: - Made an online order 3 weeks ago for a weights machine @£550. - Payment made using V12 0% Finance (£55 deposit paid upfront and then monthly payments starting in April) - Delivery was agreed and confirmed for 23rd March. I took a day off work and waited in all day but package did not arrive. I tried throughout the day to contact them for an update but could not get through to anybody who knew about my order. Their contact number has 2 options. 1 for new sales and 1 for existing orders. Nobody picked up option 2 the entire day and not one response to my voicemails. The sales team (option 1) just kept putting me through to option 2 even when I asked them not to. It wasn't until 5.30 that someone actually helped me (I had to be very abrupt). At that point they told me the order could not be fulfilled and that they would contact me on the Friday (4 days later) to update me. - I then checked the website and it said items was out of stock until 4th April - Next day I phoned (again no luck) and used the Online chat to cancel my order due to poor service and the item being out of stock. Again, sales team were not interested. I was promised on three occasions that the manager would call me back within the hour and It never happened. - I sent an email to cancel the order too so that I had it in writing but guess what, no response. I just wanted to ensure that I had formally requested a cancellation within the 14 day cooling period. - I went about 7 days with no response or help. Just wanted confirmation that my order was cancelled and a refund of £55. - I contacted V12 finance too to tell them the situation - No response. - Last week I sent an online chat message saying that If I do not receive cancellation that I will leave a bad reviews online. Manager called and left voicemail a few hours later. Too late, I had already done it. She didn't even acknowledge my cancellation request in her voicemail. She just wanted to re-arrange delivery. You can read their reviews on Trust Pilot and see what other's also think of them also (not just me)" powerhouse-fitness.co.uk" i'm not sure what to do next. I know that £55 isn't a huge amount but it's principle and the customer service has been absolutely shocking. I'm more concerned about the v12 contract as I don't know where I stand on that. Any advise would be appreciated. Thanks Ryan
  5. Hi there I'm new to this forum so please be gentle! I won an item at the end of auction and when i went to pay for the item it would not let me then when i rechecked it someone else had bid on the item after the auction had ended and got the item i had already won i contacted ebay and they say it is a glitch in there system and they will get back to me but have not got back to me yet i sent them copies of my message showing i clearly had won the item normally if im not going to win an item i get the option to bid higher which i would have done but because i had won the item and the auction ended could not add extra bids so what i seek advise on is if ebay is at fault should they re run the auction or what are the legallities as once you have won an item is it not a legally binding contract between you and ebay. be glad to get any advice on this thanks:tea:
  6. i have been with vodafone as a Customer for about 20 years, with the same number I will add, in the last few years the customer service was diabolicical, i choose not to pay via DD as vodafone prevoiusly cannot be trusted to take the money when they should, and thus is used to pay by their portal throughout most of 2012 & 2013 this portal never ever worked it was offline or had an error, the telphone payment service was too painful to use , having teh money to pay the bil was never an issue getting them the money was! main isuse was back in july after a text mesage for vodafone threating to suspend my account due to none payment, at this time teh account was set up on a direct debit for about 6 months, any way i rang teh foriegn helples desk person ad vodafone and she told me after taking bank detail all wil be ok i stipulated and im stil waiting for vodafone to provide this recording that vodafone was advised if my service was disrupted again i would cease to be a customer dure to breach of contract which was accepted by teh vodafone agent, any way 2 days later my phone service ceased. after a very heated converstaion and taking about 20 mins just to get through to teh right person i was descied that i was going to leave vodafone and vodafone was going to let me leave, they also promised to send me a copy of teh contract which im stil waiting for, ther are also other issues to do with canceled insurance, wrong insurance which i can idd but wont add teh details here. In short as adised by one of teh Vodafone representaives as was advised this is best course. I wanted to leave Vodafone amicably without any extra cost, but now Freds are involved and added 15% to account Z Voda ref #8490120
  7. Hi folks can you advise please, If you are on bail you do not have any restrictions on your bail terms, someone calls the police says you have breached your bail conditions, you are arrested locked up for the night, the police did not bother to check the bail conditions, appear in court the next day to be told by the sheriff that this should not have happened there are no restrictions on your bail terms. What if any redress do you have? for instance can you use the freedom of information act to find out who made the call to the police? we think this is a deliberate act to make this person look bad the court hearing is due next week, can this be mentioned in court as both parties are to appear, or is it not worth mentioning. This will take place in the Scottish courts I believe the law is different from English courts, thanks for any comments.
  8. Hello, Just received a Court Summons letter for unpaid Council Tax, but I believe that I'm not liable. My wife and I rented a flat from a private landlord from June 2013 to January 2015. We have a copy of our Tenancy Agreement which states clearly that "the rent is inclusive of gas, electricity and Council Tax". A Council Tax bill arrived in July 2014 but was ignored (in hindsight, probably should have dealt with it). Another Council Tax bill arrived in December 2014. This time I wrote an email to the Council stating "we're not liable - see attached Tenancy Agreement to see we're not liable". The Council wrote an email back stating "you are liable as your name appears on the bill". wrote an email back stating "we're not liable, did you even look at the Tenancy Agreement, under no circumstance will we pay unless a Judge insists we must". Note that the Council only wants Council Tax for the period July 2014 to January 2015. I have two concerns. Firstly, it's clear something changed in the summer of 2014. I worry that the Court may say something along the lines of: "the Tenancy Agreement terms were changed by the landlord, so that rent was exclusive of Council Tax, landlord didn't inform you - you need to pay the Council Tax and sue the landlord separately". Is this something that's legally possible? And Secondly, I worry that if the Council finally realise I'm not liable, that they will continue to seek payment for Costs of £86 which appear on the Court Summons letter. They may say: "you didn't inform us about the liability dispute until the Costs had already been added so you have to pay". Whereas I would argue that my emails sent in December should have been enough to see that I wasn't liable. Do I have a case? I have booked an appointment with the Council so will hopefully try to sort it out. Affordability isn't an issue as we would be able to pay in full if required. Any advice will be appreciated.
  9. We were granted planning permission for a rear and side (wrap around) extension which doubled the floor area of our very small bungalow. The approved drawings showed that all of the walls except the front facade are to be demolished and a completely new roof structure is to be constructed. All work is being carried out under Building Control supervision. However, a local busy body complained that we are undertaking more than just an extension. The council have agreed and requested that a new application for a new build/rebuild is to be submitted. The enforcement officer has been involved but (for the time being at least) has not issued any formal notices. The planning and enforcement officers view is that the planning permission notice description does not state that all of the walls and roof are being demolished and the drawings alone are not sufficient (!). Furthermore, had we built the extension first, and then demolished these walls and roof, we would have been ok (there is no condition in our Decision Notice to state the order of works). We are adamant that our PP is valid and are building to the approved drawings. We currently do not have a mortgage, but will be looking to either take out a mortgage or sell the property once complete. If we go down either route, I presume that any lender's or buyer's solicitor will undertake a Local Search, yes? If so, will they be advised of the local planners current opinion/dispute, and will this have any merit in view of the completed property looking as per the drawings in our existing PP for the wraparound extension? Via a telephone conversation, the enforcement officer stated that upon any future sale, the council would have to advise a solicitor that the property does not have PP.
  10. hey not sure if i have put this in the correct section but here goes nothing. i contacted by bank because i was dealing with another matter that needed me to go through statements since i first opened the account and i noticed sporadically payments coming out via my card which i never authorized or had a connection with any branch of the company thats taking them. i got in touch with the bank this morning and they said because its over 120 days i'd have to print out all my statements which is going to cost me money i can't afford since i'd have to go to the library and pay for them or pay for them from the bank, both would be £10 round trip on top of whatever they statements cost me. after having a look around online to see if there was anything regarding this sort of thing, ive seen a few articles that say the 120 days start when i realize the problem which would have been saturday or sunday. bank still adament that the 120 days are from the date of the transaction. just want to be sure that the 120 days from realizing the problem is right before i go contacting the ceo....again. TIA
  11. Hello Hope someone can please give me some advice on my situation. As a mature student I enrolled on an online degree course. At the time of enrollment when I asked about hours of commitment I was advised verbally that 15 hours per week was enough commitment to follow through with the degree course. Eager to start I enrolled and had 14 days from the date of the course date to change my mind. After a while it became clear to me and other students, that the hours we had been advised at the date of enrolment, did not coincide with the course reading lists and activities, as the hours recommended on each exceeded the 15 hours of commitment we had been advised during the enrolment process. A couple of other students and myself voiced our concerns on their online student forum a few weeks into the first semester, to which a student support officer replied, however I did not keep a record of this. The forum is no longer in existence. After the 1st semester it was clear I was not going to be able to maintain the schedule of works as I run my own business and needs must, and therefore dropped out, and was unable to login to to the course content and forum from this point on. I had paid approx half of the years course fee at this stage. The Uni then started to write to me about outstanding debt, to which I pointed out my dis-satisfaction with their enrolment process, and argued I felt 14 days was not enough of a cooling off period for a mature student to re accustom themselves with higher education and a degree course. They advised me of their complaints procedure. I stated before I can undertake their complaints procedure I would like copies of my forum posts and their student officers reply to that so I could include this to their Vice Chancellor in my complaint, I also asked for a copy of the syllabus and schedule of recommended reading and activities, again so I make my case. They refused to give me any information and still hold me accountable for the full years fee despite me not receiving either the full years course content and modules, or a full year of teaching. Each time they wrote to me I wrote back and contested the debt and asked for the information. I made the point again how can they advise someone 15 hours is enough per week to achieve the highest grade on a degree course without any prior knowledge of that individuals academic capability in the course he/she has enrolled for. I argued if I visited a physical university would I be told 15 hours a week was enough to achieve a first place on a degree course. On Feb 25 they wrote to me again advising of their complaints procedure. I wrote to them on the 27th again requesting the information and heard nothing back. In December I received a letter from STA international and have done some research on this forum and believe as the debt is with the Uni I have not taken an agreement out with them and therefore they have no right to chase me for the debt. I emailed the Uni accounts department and they confirmed receipt of my letter but advised me they had told me how to go about their complaints procedure. I told them I had requested information from them and they had no right to pass my debt to an agency. I have an email now form STA international stating: We are a debt collecting agency working on behalf of our client the ****** We have been instructed to collect the above outstanding amount and we have sent you a letter to this effect. To avoid any further costs or legal action you must contact us immediately on 0044 (0) 844 324 0607 quoting your pre-legal reference 1331195. Alternatively you can respond to this email. We await your urgent correspondence. So I wanted to ask: 1.) Should I have done a SARS on the Uni would that have provided me with the forum posts I wish to argue my case with their Vice Principle? 2.) As STA are working on behalf of the Uni does it mean they have a right to enforce the debt? 3.) How should I reply to STA? Or should I ignore? 4.) Is their any claim for mis-advice/information because of the enrolment process? 5.) As I was not able and have not received the full years course content/module and they have provided no service to me can they really enforce the debt? I understand they run a business but the way the lady reeled off the answer of 15 hours when I asked the question, in hindsight I know it was a common question and she knew she was not being entirely honest about the process. I also have a suspicion seeing the number of students who graduate each year on this course compared with the number who start is small, and I suspect their aim for first years is to get everyone on board signed up and then those that falter like me they can sell their debt on. Anyway any answers to my questions would be greatly received. Thanks for your time and assistance.
  12. Hello I was hoping I could receive some help with a PCN my friend has received. He had parked on a yellow line (just after a parking bay). The sign itself says restrictions from 1pm - ***. This has been defaced. (The time was scratched off). However, the traffic warden has not taken the sign of the sign and has instead issued my friend with a PCN with the following ' Not parked correctly within the marking of the bay or space'. The evidence is given here: removed Should I base my dispute on the basis that the PCN in invalid because the yellow line sign was defaced? And do you think I will be successful. I look forward to your advice. Many Thanks Abby
  13. I bought a parcel of 3 small plots of land from a property developer 11 years ago at the rear of my garden. I have letters agreeing to the amount and a plan of the plots. Their solicitor transferred the title but omitted one plot. I didn't notice at the time. The developer now claims they own it, even though all correspondence shows that the sale was for 3 plots. They claim the agreement must have been amended but can show no evidence. What are my options. Can't afford a solicitor. The plot is worth £1200 according to them.
  14. I have an issue with Vodafone, they have sent me a letter saying i owe £401 as my contract was cancelled, the contract was cancelled because they did not set up the direct debit, I have paid them £245.21 since march 14 asked on their "chat" if i could make a plan to repay the rest @£61.83 per mth for 6 months told "phone collections" I do not want to converse with people on the phone and felt harrased by the way the chat rep was refusing to give me any other option of contact, they have threatened me with collectors and a further £100 charges to cover this, why cant a company of their size make a decision to accept or refuse my offer without all this harrasment and stress?
  15. PENSION DISPUTE WITH CLERICAL MEDICAL (PART OF THE LLOYDS TSB GROUP) AND THE HANDLING OF THE COMPLAINT BY THE FOS AND FCA In 1993 I transferred my final salary scheme fund to a pension fund with Clerical Medical (CM), a Lloyds affiliate, under a Section 32 Buyout Plan. I had been provided with a ‘Product Guide’ by CM with a BSI kitemark on the cover which stated- ‘CLARITY APPROVED BY PLAIN ENGLISH CAMPAIGN’. The relevant clause in the ‘Product Guide’ stated:- ‘If the transfer payment comes from a scheme which was contracted out of the State Earnings Related Pension Scheme (SERPS) where a ‘Guaranteed Minimum Pension’ (GMP) was to be provided, then you will have to invest enough money in the With-Profits Fund for us to provide this guarantee. However, once you have provided for the GMP, you can invest the remaining amount in our Account, in the funds of your choice.’ On that basis I signed a Contract which stated:- ‘I request that any amount not required to provide GMP and any other fixed benefits is applied to the investment funds as shown below:-’ Clerical Medical’s acceptance of the fund was under a Section 32 Buyout Plan, which according to subsequent legal advice I received, was subject to Government regulations under British law:- ‘I must confirm at the outset that your Clerical Medical pension is not a personal pension, but a Section 32 Buyout Plan. Although this plan is not a final salary scheme, the pension funds held in this plan are the result of a transfer from an old occupational scheme as you note in your letter. A portion of the fund is made up of contacted-out benefits from that employment, known as Guaranteed Minimum Pension or GMP. As the name implies, GMP guarantees to pay you a certain level of pension income in respect of the contracted-out portion of your pension funds.’ All very clear, plain, straightforward and simple. However, when I retired, CM insisted that a further document which had only been available on an ‘on-request’ basis totally contradicted the issued documents and the contract I signed in good faith, and maintained that they could use the ‘Investment Funds’ to supplement the payment of the GMP, resulting in a significant financial loss. According to the above legal advice the only term at the discretion of CM was to quantify and define that portion of the fund containing the ‘contracted-out portion’, and on that basis CM had no legal right to use the other portion of the fund to supplement the payment of a GMP; I understand that non-compliance with Government regulations under British law would be classed as a criminal offence. The FOS ‘decision’ upheld CM’s view yet, based upon the above legal advice, the FOS in my opinion appear to be condoning a criminal offence. According to the FOS:- ‘…our ombudsmen have a statutory duty to reach a decision they consider to be fair and reasonable in all the circumstances of the case.’ The FOS Independent Assessor also stated that:- ‘… whilst Ombudsmen have to take account of the law they are not bound by it.’ In my opinion I find it difficult to believe that ombudsmen have the authority to allow a firm to commit what appears to be a criminal offence and how such an offence can be considered to be ‘fair and reasonable’! The actual statement by the former ‘Economic Secretary at HM Treasury’ was:- ‘Accordingly the Ombudsman is not required to follow the approach which a court might take to evidential matters although he must “take into account the relevant law”.’ If you take the law into account then surely there is only one option – you must abide by it. The FOS subsequently sought legal advice at the insistence of my former MP but refused to provide a copy of Counsel’s assessment claiming legal privilege; I finally acquired a copy after 3 years under threat of the FOI Act. On receipt of Counsel’s assessment I complained that the FOS had misled and misinformed Counsel and did not provide him with a copy of the ‘Product Guide’, but the FOS refuse to comment. The assessment stated that:- ‘Naturally, if my instructing Solicitor has any queries arising out of this Opinion, seeks advice on any other aspects of Mr …..’s complaints or wishes to discuss the matter, she should not hesitate to contact me in Chambers , by telephone or email’. The assessment also stated that:- The FOS ‘General Counsel’s Department’ were ‘Solicitors for the Intended Claimant’. Yet I was never consulted, and my requests that a corrected assessment should be obtained where I am fully represented and allowed to ensure my evidence is taken into consideration have been continually rejected. The FOS website clearly states that:- ‘As in any organisation, things can sometimes go wrong, if this happens, we want to know about it, so we can try to put things right.’ Yet when my current MP raised my concerns with the FOS, the Chief Ombudsman simply refused to provide answers because he maintained that their final decision ‘…marks the end of our complaints handling process’. My MP stated:- ‘As your Member of Parliament I can ask the regulatory authorities to review how they have handled a case and reconsider if the correct outcome has been reached. I am not in a position, nor should I be, to insist or force the authority to come to a different decision’. Surely an MP has every right to insist that a Government agency responsible to Parliament review their ‘decision’, particularly if there is evidence that they may be condoning a criminal offence. The response from the ‘Chair’ of the Public Accounts Committee was that they are ‘precluded from investigating individual cases’ despite the fact that between 2010 and 2012 there were 3,771 complaints against CM related solely to ‘Decumulation, life and pensions’. Furthermore, when I retired CM refused to allow access to my pension fund unless I signed a disclaimer absolving CM from all future claims, which also caused both considerable financial loss and significant stress. I was obviously not prepared to sign a disclaimer under the above conditions as I was still attempting to pursue my complaint via my MP, the FOS, the FCA and other routes. The FCA subsequently issued a directive which declared that the contract was unfair and instructed CM to remove the disclaimer clause, but CM again refused to compensate for the loss of income and unnecessary stress. The ‘decision’ by the FOS, who must follow FCA regulations, was that it was my fault because it was ‘fair and reasonable’ for a consumer to sign a disclaimer which the FCA had declared was ‘unfair’! The ludicrous part is that had I previously signed a disclaimer I would have been unable to raise this complaint! Complaints to the FCA are rejected because they do not consider pre 1995 contracts even though they inherited the role of earlier regulators, and because it is considered to be an ‘individual’ complaint. Yet the FCA website showed that between 2010, when CM ceased selling new policies, and 2012 there have been 3,771 complaints against CM related solely to ‘Decumulation, life and pensions’, Also, according to the FCA:- ‘The FCA’s Supervisory activity focuses primarily on the manner in which and the extent to which firms it supervises are acting in accordance with the provisions of the relevant handbook, rather than the application of “British Law”.’ Yet again it would appear that an agency appointed by the British Government does not have to apply British Law! The usual trite comment is that an individual pensioner can always take legal action against a financial conglomerate although, of course, they are fully aware of the fact that it is way beyond the means of most pensioners, and no individual within the Lloyds TSB group will be personally financially liable. Has anyone else had similar problems as in my opinion the whole episode has been little short of disgraceful.
  16. Looking for a letter to send to the credit agencies to dispute a default on my file.
  17. I wonder if anyone can help. I had a Cap 1 CC account from before 2007, that was defaulted. I sent them a cca request last year, after they failed to respond within the statutory 12 + 2 days, I sent them the 'account in dispute' letter. They eventually supplied a copy of an application form, with no terms and conditions either within, or attached to it, a 'made up' reconstituted agreement, and terms and conditions at default. Now it is my understanding that they would require the Original Agreement to be able to enforce this in Scotland? am I correct. I received two letters, one from lowells telling me that they had bought the debt from cap 1, and a letter 'perporting to come from cap1, saying they had sold the debt. The weird thing is, that both letters arrived together, and they were both addressed to the wrong address. Now this is obviously against the law, to send private and personal information to an incorrect address, so who do I complain to? ICO and who else. Having done a bit of reading on lowlife, it seems that they will go to court with no paperwork, so need to watch this one. I received the first automated call from them this morning, so it begins! So, I really need some advise, is there any point in requesting another cca from lowlife? should I write and let them know that to date, no original agreement has been received, and that the account is unenforcable? many thanks, tom
  18. Hi i am disputing a copy of a loan agreement i have asked for from major bank Its a very shoddy copy and some of the type set has changed and also looks like been copied over. I was just wondering what legally is passed as a exceptable copy , as there is no loan number and there are no terms and conditions The bank say the have ful filled their duty with CCA section 77 Just wondered if there are any other avenues i can go along as i disagree with certain parts of the agreement. As feel the agreement is not a genuine copy many thanks
  19. Hi all, I really need some help with this. Over a month ago I purchased a guitar from the USA. I paid via PayPal from funds already in my account. After not hearing from the seller for 2 weeks, I contacted him and asked for a tracking number. He replied telling me that the guitar was not built yet. I was notified in his email the guitar was not the one on the listing, it was a replica (copy or fake in my mind) that he builds. Next thing I did was respectfully ask the seller for a refund - he declined. I informed him that I did not want the guitar as in my mind, it was a copy. This was not pointed out in the listing. I then opened a PAYPAL dispute, the seller did not respond at all. Six days later I get an email informing me that they have sided with the seller. So to top it all off - he has over £400 of my money. I haver nothing and ebay/paypal wont offer me any protection at all. I have truely been ripped off in a big way! Now - to add insult to injury - the guitar 'I purchased' was relisted and sold again. The ebay buyer who bought it the second time has now left negative feedback saying the seller has 'stolen his money'. I do a lot of business on ebay/paypal, and I can not believe they have sided with the seller when I am clearly in the right. A friend of mine has told me that I can take paypal to small claims. Please if anyone can help out - I would really appreciate it.
  20. Hi All Have a question ( hope I am posting in the correct forum) A friend of mine lost some money on an online gambling site (Jackpotjoy) and he wants to claim that back through the bank because he feels that the site misquoted the winning odds and he didn't win a single game. Is it possible to claim the money back through the bank since he essentially missold a product? or am I wrong here? Any advice will be helpful.
  21. Hi I'm self employed and have had "sole trader" status since 2012. Prior to that I was in a business partnership. My business partner was responsible for the financial side of things. He "resigned" in 2012 and I discovered he'd left everything in a right mess. He took all the money from our business bank account, hadn't paid suppliers or the VAT. It took me a while but I sorted all of those issues out and now the business is back on an even keel. I also discovered that he hadn't submitted HMRC tax forms. I submitted all the ones that I could, paying 100 fines for lateness etc. One form that they would not let me submit was the 2011 tax form as I "wasn't the nominated tax partner." I tried getting my ex business partner to submit it and got the usual lies about it "being submitted years ago" etc HMRC fines grew to £1200 for the overdue form. In desperation I submitted the form anyway. and wrote to HMRC explaining what had happened and asking what I was supposed to do, as I was in the surreal situation of being fined thousands for non submittal of a tax return that I was not authorised to submit. I received a reply from HMRC saying that as I had submitted the tax form I could now be considered as the nominated partner and could now appeal against the fine. I duly wrote and sent off my appeal to HMRC. A month or so later I received a letter from HMRC saying that they could not accept my appeal as it had been made after the 30 day limit of the original tax fine and that I had to write another appeal to appeal their decision not to accept the appeal! I wrote the appeal of the appeal and sent it off. Then I head nothing for a while, then they went back to demanding the fine payment. I wrote to them saying that I was appealing and got a letter back saying they had no record of my appeal of the appeal and as over 30 days had now lapsed I couldn't submit it again. They've now passed the fine to a debt collection Agency by the name of Akinika. What do I do now? What do I tell Akinika and how do I proceed with HMRC? The whole thing is rather surreal and doesn't seem reasonable or fair at all!
  22. Hello all, what a great forum I have been reading through the subjects for hours but cant seem to find answers to my specific situation. Also I do hope this is in the right section. The basics : Building works quoted at £8k, Deposit paid £3k, I have refused to pay outstanding amount as work completed is not fit for purpose.Builder now completed online court claim of outstanding balance £5k. I have reports that state work needs to be demolished and rebuild and will cost £7.5k I have been advised by Citizens Advice to counter claim this amount. First question, and no doubt there will be many more to come, the Defence Form received from the court. Should I be writing a very detailed defence here and enclosing all evidence (photos, documents etc) to be returned asap or should this only have enough detail to explain the reason for disputing the claim and wait for further questions from the court to add the full detail? Hope this makes sense, all this legal wording is giving me a headache.
  23. Hello I am going to apologise if this post begins a bit 'rambly', but I feel I need to fill you in on some background information. Approximately 6 months ago Sky TV sent me a letter alleging I owed them some money for an account at my home address that I do not remember having as I still live at my Mum's and have no bills in my name. I began to dispute the issue with them and have not heard off them for around 4 months. Fast forward to present day and I thought it would be a good idea to purchase a Now TV box. I paid £10 for it and bought a £4.99 entertainment package (which coincidentally is non- refundable). I set the box up, get excited about the films my sister and I can watch when perusing the guide............... ...........and then BAM!! Now TV cancel my packages which I have paid for because of this account Sky alleges I have. I cannot get in touch with Now TV unless I go through Sky customer services as Now TV have closed my account which means I cannot email them. I spoke to James from Sky TV's Leeds Customer Service base tonight for over 25 minutes. He was most unhelpful and kept telling me that he could not disclose when the account was from due to the Data Protection Act, but when challenged that under this very same Act, I could access my data, he got flustered. He also denied me the opportunity of talking to his manager or supervisor. Can anyone advise me of next steps? I either want my Now TV subscription reinstated, or a full refund of the £14.99 I have paid so far. Thanks in advance.
  24. ok we had an argument with the house across the road we had to park a car on the road, we had the inlaws caravan on the drive, as background its on the drive for less than a week a year when they clean it, they had a go at us as they "couldnt get the car out of the drive", they never asked us to move it in the last 10 years of living here suddenly we have had loads of abuse along the lines of "you shouldnt let every tom dick and harry store stuff", "you should be ashamed taking your kids out at 5am (yes i have to take them to inlaws before work but daughter gets us up at 4:30 anyways), to "if we hit your car its your fault (they have reverse sensors) i know people have been cranky from the heat but ??? recently we had a cctv camera installed (co-incedence it was ordered 3 weeks earlier but had to get here from china) however this has shown up several things, one of the things we kind of threw back after the argument was the fact that their kids are on the street from 7am to 11pm, we found a video on the camera of their kids trying to tempt one of the cats to them, when the cat wouldnt come, they walked down the drive and tried to kick something, we cant tell from the camera (it didnt pan enough) weither this is the cat or the gate, but it is definatly a kick any advice on how to procede (if it helps i can utube the video)
  25. Hi. I purchased a double step advertised for caravan or motorhome use last march, they have been used 3 times and are now leaning to one side. On inspection I found on the manufacturers label the warning, Only to be used indoors, I took some photographs of the steps and emailed the company. ishop247 emailed back and asked me to return the steps and they would either repair or replace them under guarantee but as I have had them since March no refund could be given. I asked for a refund stating under the consumer rights act 1979 the steps should be fit for purpose and should last a reasonable time. ishop247 replied with their same response totally ignoring my mention of the consumer rights act, they have now done this 3 times. I said I would go to Trading standards, email this website, even consider the small claims court but to no avail. I believe these steps could be potentially dangerous, as mine also show a small amount of rust around the step welds. Can this retailer sell something like this ignoring the manufacturers warning ?
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