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  1. Hi can anyone help? We viewed a property that we liked and we told the agent that we had adverse credit and an IVA. The agent said that the landlord was flexible and we COULD use a guarantor for this property. We were led to believe that if we failed the credit check (which we thought we would and were honest about) it wouldnt be a problem as we had a guarantor in place. The landlord accepted our offer for the monthly rental price and we went to the office to pay the application fee and fill in the application forms. Upon returning the forms we left the credit page blank so we could ask the agency staff member AGAIN that a guarantor was acceptable for this property. She stated our IVA and adverse credit on the application form, then proceeded to give us a guarantor form for us to fill out quicker upon a failed report coming back. We left the office after paying £180 for the application fee assured that we would be accepted for this property by way of a guarantor. The following week from the initial viewing i received a phone call stating that the report had failed and the landlord is not accepting it. i asked about the guarantor and he said no, not even with a guarantor. He offered to show us some more properties which were not in the same area and quite dismissive about the first property. My partner had gone abroad for a few days at this time and i told the agent i would get back to him. The next day after liaising with my partner i rang the office to complain that i wanted the application fee returned, as i thought the way the guarantor option had been withdrawn was unfair. this was the only reason we paid the money as we knew the credit check would fail. I said that if the landlord was not willing to accept a guarantor they should have told us at the viewing and we would not have gone ahead. She said that the landlord was willing to accept a guarantor at the time but he has now CHANGED HIS MIND and that he has a right to do that as its his property. She also explained that a credit check has three outcomes 1=pass 2=fail recommending a guarantor 3=outright fail. This was NOT explained to me on the day i paid the fee and she admitted that on the phone. She said the only way they give refunds on credit checks is if the landlord withdraws from the deal. i said he HAS by refusing a guarantor after saying that he would accept one at the start, so its his fault it hasnt gone ahead. This is stated in their terms and conditions on the back of their application form, however she didnt photocopy the form double sided so i dont have a copy of that and she didnt show me in the office either. She said that she is not able to issue refunds but she will pass the message on to the manager who will tell me exactly the same thing and refuse anyway. Is there anything i can do about this as i really think this is them twisting the terms to make quick money on a property before they get it let. thanks
  2. Hi all, Although this is my first post I have spent the last 3 month reading advise givien to other members on this forum. On 20/02/09 I sent CCA requests to 12 creditors (11 creditcards & 1 unsecured loan). So far I have recieved 1 signed agreement form Liverpool Victoria. The responses from the others so far are listed below. Abbey: None Halifax: Returned request as Postal order didn't have a Payee Name on it. Barclaycard: Sent me a photocopied leaflet of Barclacards Conditions. Mint: None RBS: None Tesco: None HSBC: None Egg: Refused to issue as my letter was not signed. MBNA: None Capital One: Sent me a leaflet of Terms & Conditions. Post Office: None I am under the impression that as 12+2 days has now passed I can dispute the debt. I have a standard letter to send those who have not responded or have sent T&C's. However can anybody give me advice on how to deal those creditors who have refused to process my CCA request (Egg & Halifax)? thanks. Me against them!
  3. Never thought I'd be writing asking for advice on fences! My neighbour (who refuses to talk to me) erected a heavy 6ft high wooden panel fence by screwing the large heavy panels to my dainty picket fence and its 3ft posts in the summer. All without my permission, I just came home one day and it was there. I was worried it would all get ripped down in heavy winds, as my fence posts weren't designed for large solid panels, and in yesterdays storms I was proved right. One of my posts has been snapped in half and so has the frame of one section. I'm looking for advice on a short letter to write to my neighbour requesting all their fencing be removed from mine to prevent further damage, but would also like to know if I can expect them to pay for the damage caused to my fence, and how I should approach that. In their mind, I'm sure they'd now love to just replace my now half broken fence with their own large one, but I'd like to keep my fence as is (once repaired) and request they make whatever arrangements for a large fence on their own property, without physically affecting mine. Is that a realistic request? Thanks!
  4. Hi all, I have a question relating to a fine issued for a contravention of being in a bus lane. I will detail what has occurred up to now. At the beginning of September I received a Charge Certificate for the amount of £90 from Reading Borough Council. It said I owed them this amount because they had not received the full payment of the Penalty Charge within 28 days of issuing it. I knew nothing about the Penalty Charge Notice as I had never received one in the post. On the advice of the Citizens Advice Bureau I wrote a letter to Reading Council enclosing the charge certificate. The letter stated: I am disputing the charges levied in the attached Charge Certificate because, as such, the procedure for issuing the Penalty Charge Notice was not carried out correctly as I have never received any Penalty Charge Notice. On the 30th October I received a letter back from Parking Services. The letter is pictured below. I hope you can read it. [ATTACH=CONFIG]47493[/ATTACH] I am willing to pay the £30 as I was definitely in Reading that day, at the time, and remember being lost at one point so it is possible that I did drive in a bus lane. I have tried to call the CAB for advice but had to hang up after 30 mins of waiting as my lunch break was over and I had to get back to work. I have a few queries relating to this charge. Should I just pay the £30? Do I have any basis to dispute this, and if so, does anyone know how? I was considering disputing this letter as the correct procedure still had not been followed. I have still not seen a PCN nor any evidence that I have committed any offence at all. If there are any people with similar experiences or any advice that could help that would be brilliant. Thanks in advance.
  5. Will try to keep this short but for those with a very short attention span - Summary cliffs: a letting agent is refusing to repay a £1,200 holding deposit after negotiations on the tenancy agreement broke down despite them agreeing (prior to us paying the deposit) that a disagreement on the tenancy agreement would lead to our deposit being refunded (clearly fraudulent on their part to not repay??). Long form: all communication detailed below happened over email. -------------------- - Looking at a property (Mayfair/Marylebone) managed by Landlord X being shown to us (friend and I) by Agent Y: Agent Y requests non-refundable holding deposit of £1200 to take property off market - I comment that we can't agree to a non-refundable deposit before seeing the tenancy agreement (wasn't ready yet) as it may have a number of strange clauses in there which we would not agree to - Agent Y states deposit will be refunded if we can't get to an agreement on tenancy agreement: at this point, we paid the £1200 (nothing signed yet) - Tenancy agreement is sent to us and we send back with comments on a number of clauses we couldn't agree to. Main ones highlighted below: -----no use of washing machine and dryer if no one is home -----landlord can claim ownership of any furniture or fittings in the property even if property is restored to original state prior to us moving out -----unless reported asap, tenant liable for all damages in the property even if such damage existed prior to tenant moving in - Landlord X rejected our changes to/deletion of the clauses above and said we'd have to accept their tenancy agreement - We sent email cc'ing both agent and landlord stating we decided not to proceed with the flat as we could not sign their tenancy agreement in its current form and requested a full refund of the holding deposit One month later, we're still yet to receive the deposit back: Landlord X states Agent Y never told them deposit would be refundable if tenancy agreement wasn't agreed. Agent Y says Landlord X refuses to pay full deposit back but that they will "try" to recover some for us. Obviously above is unacceptable and I refuse to settle for anything less than a full refund. I just emailed them both a "Final Notice before Legal Action" including all of the above (all email was saved in Outlook so all evidence described above was attached) and gave them a final opportunity to repay us in full - they ignored it (I assume they think we are bluffing? I'm excited by the opportunity to prove them wrong). Question: which court / govt agency / process should we use to follow up on the above? Would a small claims court see this case? Any other thoughts on what we should do here? Have a number of lawyer friends who can help for free so lawyer fees not an issue - not sure how good their Real Estate expertise is though. Frankly, both the agent and landlord seem to be detested in the area for having dodgy practices and a part of me doesn't want them to repay as I would love to see them hit with a punitive and exemplary damages order and for them to be driven out of business. Appreciate any thoughts on the above.
  6. Hello all, new here as this is the first time ive needed help with this sort of thing. Ok lets get into this... On 11/04/2013 I listed a brand new iPhone 5 on eBay with not Buy it now or Reserve on the listing (This was one of the first sales i made on eBay). About 25 minutes before the auction ended, i get a call from the top bidder on my auction. He was asking if it would be ok if he could pick the item up instead of me sending him it if he won the auction. I replied to him saying that it would be fine as long as he sent payment via PayPal promptly. (Little did i know that this was a well known [problem] on ebay) After the phone call, i contacted eBay directly using live chat support because i didn't know how he could have got my number. I enquired as to how this person obtained my number. I was told anyone who bids has access to this information. I also asked the eBay operator if there would be any issues with me giving the item in person once payment had been received. I was told this would be fine as long as you have received payment. The auction ended for £410.99 and the money was promptly in my paypal account. As soon as the funds appeared i transferred the entire amount into my bank account. I then made arrangements to meet with the buy in person about a mile from my home address. After meeting him, i handed him the phone and came home and retired for the night. The very next morning i got an email from paypal stating that there was an investigation regarding a payment reversal. I then logged into my paypal and could see that my current balance was -£396.82. I then decided to check the buyers information. After checking the information i notice that the buyer had conflicting information between his paypal and ebay account. After all this it quickly became apparent that either the ebay and/or paypal account was fraudulently used and that the person who picked up the phone was not genuine. Since then, the genuined holder of the paypal account has been in contact with ebay/paypal and ebay removed the listing from my history and credited all fees to my account. Yesterday, paypal 'resolved' the dispute, i am still in negative balance and paypal want me to restore my balance back to 0. Am i completely screwed or is there something i can do? Thanks alot!
  7. Hello all. I am in dispute with a company that are trying to insist that I provide photographic I.D. to prove who I am, and that the ICO is allegedly backing them up in this. The company is not to be trusted, so might as well be Mickey Mouse saying that photo I.D. is required!lol Please don't ask for specifics about the company, can't give them at present, but would appreciate bullet proof arguments, case law, any relevant info so I can tell them to go **** themselves! Thanks in advance! Figgydoody.
  8. On the 4th Oct, I went to a NATWEST atm as Nationwide was out of service. Printed balance, and then went to top up my mobile. I cancled the transaction, the NATWEST atm the did not give my card back, and went out of service. I had to go to the flat to phone nationwide to cancel my debit card (as they can take sometime to be sent out). at 9.30, I went to my bank (Nationwide) only to find that £130 had been taken... Its now been over 10 working days and noting! What shoud I do?
  9. Logged a visa dispute with my bank for a holiday which was not as described. ended up flying home after 2 days. The charge back was logged and extra information provided and then i was sent a letter saying claim will be investigated and money refunded in meantime. Money never arrived so phoned to chase up to be told claim has been declined as services have been received. Have made a complaint regarding this and the outcome is that the bank say services have been received and I cannot make a claim under services not as described as there strict guidelines on what reasons a dispute can be made. Can anyone advice how i can get this dispute actioned
  10. I have a builder who has almost finished an extension on the back of my house. The only remaining task was to build a soak away which was included in the original quote. However, we both came to an agreement to remove the soak away from the quoted list of works as it was no longer required but the only problem was that this item was not explicitly priced in the quote so there is some dispute over how much should be deducted. The builder is adamant that the soak away will cost £500 and is not willing to accept other quotes from other builders. I still owe him some money so where do I stand on this? Am I in my rights to deduct from what I owe him the cost of what other builders would quote for a soak away?
  11. Hi we had to take out a loan in 2006 to cover death duties, loan was £824,000, then in 2008 barclays claimed we took out another loan, a restructuring loan for £904,000 (we knew nothing about it till much later) they put us straight into debt recovery because of account change, when we said we didnt take out new loan they would not mediate and have now sold property of ours that they valued at £1.6 for £260,000 totally undervalue and now they are coming for rest - any advice We have sent numerous requests for clarification and kept up our payments but under protest and duress for a while, then barclays wrote ad said they hadnt received any payments since 2008!! we have all receipts - so we said we would not pay until they confirmed they were receiving them money and they answered our concerns. They didnt!! please google- Guy Taylor insight- and this will explain full situation. thank you
  12. Hi, My partner purchased two iPhone 4s last year at same time. the man in shop put them both on same agreement at £20 per week. we have a few other things also and have never really had a problem until now. In the summer months (can't remember which month but it may of been July.) my partner had a problem not being able to pay full amount so was told to go in on the Sat morning and they'd sort the agreements out so we didn't have to get into arrears. he did and signed new agreements. it was only last week I happened to check the receipts and noticed we've been paying for a 3rd iPhone which we've never had. He went in today and said they'll go through the agreements when they had time and he was going to ring them at 5pm today. they said they've looked at agreements and he did sign an agreement along with others. they said it was July we purchased it. this is not true but they have an agreement he has signed. We can honestly say we have only two iPhones along with other things. I have a receipt from end May showing this 3rd one wasn't on there. I just don't know how to sort this out as we know for a fact we've purchased nothing since may and that was a playstation.
  13. I hope somebody can help. BACKGROUND: I live in the top flat of a converted house. There are three flats in total. I own the freehold of the top flat and another person owns the bottom two flats plus the freehold of those two flats, which are rented out. We own the freehold as individuals and not as a company. The person who owns the bottom two flats has also appointed themselves as managing agent of the building in 2010. I moved into the property in February 2012. There were obvious roof works that needed to be carried out as there was a huge damp issue. Because of this our solicitor held back a sum of money from the sellers to help us with our share of the work to be carried out. There was also a contract in place which stated that if work was not carried out within 6 months of our move date the seller would claim back their retention. The managing agent/freeholder reluctantly went through a section 20 process on works. However, in doing so he did not declare his own interest in wanting to carry out the works himself in the quotes given. We only found out when we matched addresses to past correspondence. It is at this point that I should tell you the reasons why we had reservations with this person carrying out the work... 1) The year before we moved in (2011) the service charge account summery shows £12,000 for general maintenance (£4000 being billed to the previous owners parents as the owner had passed away) and £200 for testing fire alarms. When questioning him about this £12,000 and wanting a breakdown of what 'general maintenance' was carried out he can not/will not answer. He can't remember. During one phone call he said it was damp proofing the basement. We have since found out that no damp proofing has been done. When we moved in there was a hole in the floor boards in the communal area. If £12,000 was spent on the property it should have looked like new. There is no sign of any work being done to the property. Instead what we have is a property that needs a lot doing to it. 2) We have since discovered that all fire alarms in communal areas have been disconnected so how he spent £200 on testing them is a mystery. Back to the matter in hand... Upon finding out he had quoted his own company as the lowest quote, we were really frustrated. However, we said that we would go ahead with his company, but due to conflict of interest we would have to have references, insurance certificates, and require invoices and receipts as work was carried out. We would also instruct an independent surveyor too check the works as they were being carried out. We thought this was only right as he was demanding £13,000 from us and we wanted to know it was being used honestly. He refused to comply with this. Saying references would delay works, he has never had to work with people who want to see receipts and basically that we were being unreasonable. By this stage it had been 10 months. Water from the roof was coming through the electrics and our solicitor gave us a final notice to carry out work under the contract we had. She instructed us to keep the freeholder/managing agent informed at all times and give him enough notice (30 days) to respond. We have now, after a year completed the roof works. We kept the other freeholder informed at every step of the way. Giving him 30 days notice of works as well as all invoices, receipts, insurance, references from the builder we contracted. In three months of emailing he never answered a single email. According to the lease he is liable to pay for 2/3 of the cost towards the roof. It has been over a month and he has not paid. When I contacted him saying I would take matters further, he finally got in touch but only to say 'I should be very careful before going to court and basically I can not ask him for anything.' I have spoken to the leasehold advisory people and they seem to think I don't have a case as if I went to court I would basically be suing myself? I find this really strange. I feel helpless. Would anyone else trust this person? Am I in the wrong? I feel sick with worry. Please help.
  14. Hi , I would very much appreciate your help with the debt i have... Firstly i was sent back in june/ july 3013 about an impending county court date for the amount off £1100 from a Capitol One credit card. The collector named was Lowell Portfolio whom i believe had also appointed LRC Legal Recoveries. I replied to the county court letter by responding to Lowell sending them a CCA Request (rather than replying to the court letter) about me disputing the debt. As i never informed the court the proceedings went ahead anyway and i now have a CCJ with a new debt of around £1600. The CCA request was ignored for nearly 3 weeks so i issued to Lowell "Account in dispute" letter" which they promptly replied by also thanking me for my 1st letter "CCA Request" they said there were dealing with this. That conversation was on or around the 3rd of August. I have not had any correspondence or contact with LRC or Lowell prior to today 9th Sept via a phone call made by myself to Lowell. Lowell replied by saying that on the 14th August they sent proof of the debt to LRC (nearly 4 weeks ) i havnt received any proof! Could anybody shed some light with there opinion/ advice if they think the proof is legit how to obtain that proof ? and how i should proceed if they do or dont have proof. If they dont have proof they i would like the CCJ removed from my credit file Any help or advice would be very appreciated thank you Craig
  15. Cut and pasted from my facebook to save typing out again. chap from around the back says my tree is damaging his wall and he wants me to chop it down, I said its a mature tree and been there for years and is a benefit to everyone, it cleans the air, brings wildlife into our gardens it looks beautiful and I like it. He said it doesn't matter its under threat anyway there is a disease that is killing Ash trees, I said then its our duty to protect it. He said ok just needed to let you know, the ace I never mentioned is its not my tree its growing on his land just leaning over mine because it knows he hates it, permission to enter my land to remove it is denied and the small portion on my side has permission to remain, not sure why you would build a wall on a tree anyway, don't know how it will stand up in court and cant afford to fight or have it chopped down. The tree is on his side of the original border fence, even the original fence netting is still on my side, [ATTACH=CONFIG]46298[/ATTACH] The issue I have is if he decides to charge me for the damage to the wall I am quite happy to make him aware that the tree is on his side and he must pay for it, I would like to keep the tree because it is a beautiful tree and makes the view from my house very pleasant compared to a poorly build breeze block wall, If I refuse him access to remove the tree can I be liable for the cost of the repair of the wall, can I refuse for him to have the tree taken down because some of it is on my land without risking any penalty? haven't received an official complaint yet but just wanted to be prepared. Cheers Steve
  16. I have received a letter, out of the blue, from Lloyds, demanding money back from a payment made in March 2013, which was due to a mistake between them and the account holder. I dispute their demand. For my sins, I am a student landlord. I rent rooms to students for a set period. The students pay me, either via Standing Order, cheque, direct bank transfer, etc., whatever is easiest for them. In March 2013, a monthly payment came through from a student, £303.00, as expected and as due. Around the same time, that same student asked me how much rent was left to pay off the rest of the tenancy. I gave him the figure, which was based on the fact he had just paid the March payment, and he stated he would pay off the full amount in April, which he duly did. (the tenancy ran until June). As far as I am concerned, he had paid me in full, the correct amount for the year. He owed me no more, everyone was happy.... or so I thought. Today, whilst in another student house, a letter came through the door addressed to me. It was from Lloyds Bank (I do not have an account with them). It is stating that a payment made to me in March 2013 which "credited your account" was made "in error". The reference was for a student staying at a different address at the time. It is stating that I have not "re-imbursed" them and that I am not "legally entitled to retain this money and have not offered any explanation as to why you have not returned the money..." If I don't send them a cheque they are refering the case to their "legal department", according to this. I am bl**dy furious!! Why?.. Because: 1. This is the first I have heard about this. 2. Their letter is sent to an address that, although I "own" (mortgaged to the hilt, mind!), I do not live at. It's not my home address. It's only luck I was here dealing with a roof problem when it arrived! So I phoned them up to find out what was going on. They claim they have sent numerous letters - well, none are currently at this house, the students that were here have all left months ago, and none have ever been recieved at my home address, so I am mystified by this claim, but anyway.... They also claimed they had contacted my Bank (Barclays) and that they had been told my "Relationship Manager" had been in contact with me to talk about this - well, actually, no he hasn't. I don't even know who my "Relationship Manager" is, let alone had any sort of conversation with him. When I asked for dates/times, they said they were only repeating what Barclays had told them!! Well, I repeat - I have not been contacted by Barclay's in any way shape or form about ANYTHING for about 5 years!!! - Lloyds and/or Barclays are just making this up!! Lloyds told me I have to pay the money back because it should not have been paid. I stated that the money was due, I have a Tenancy Agreement showing it was due, and when it arrived it was checked off on my spreadsheet. Why would I think anything was wrong? If there had been some sort of cock-up beween them and their client (my tenant) then as far as I am concerned that is for them to sort out. I did not recieve any money that was not due to me, I have not been paid more than I should have been paid - the amount on the Tenancy Agreement is the exact amount I have recieved - no more, no less. From what I can gleam (or guess) - I think what happened is that my tenant wanted to cancel the sheduled payment due in March, told his bank, they messed it up by paying me - so they refunded him and are now demanding the money back from me. The problem is - I have done nothing wrong. It was not my instruction. It was not my mistake. I was entitled to that money at that time. The bank seem to think that because I had money they don't think I should have had due to their cock-up (even though it was due to me), that I should pay them back the £303 and then try to locate this "ex-tenant" - wherever in the world he might be now - and then try to pursuade him to give me a extra months rent!!! What planet do these people live on??? Why should I lose out and be threatened with legal action for having a payment made which was due anyway and that I am perfectly and legally entitled to? I am a single person business, struggling to survive actually, and it is hard enough getting students to pay up sometimes, but why does a bank think it can, out of the blue, demand back a rent payment from 6 months ago!! As it happened, they did not have my name (umtil I told them) only my "trading as" name - and they certainly didn't have my home address(even though using my trading name on Google shows it on the 1st page - I don't hide!!) - as no letters or phone calls have been recieved at my home address. Basically, I told them on the phone to "sling their hooks" - it's between them and their customer/client if they have lost money through their own mistakes and stupidity - nothing to do with me - I have only got what I was fully entitled to. But, can anyone tell me where I stand with all this? Thanks.
  17. Hello, in short, bought a faulty phone from Get Connected, refused refund of even replacement. Sent two letter before court action.The only response was if I want resolution, I have to travel from Bristol to Wales (I don't drive) to check phone in one of their branches. By that time I verified with an authorize repairer that the phone was indeed faulty and informed them about it. They wouldn't accept it. Started a claim with MCOL. Several days after the claim papers were served (today) received check for the cost of the phone in recorded letter. Just check, nothing else. Now that I paid to start the claim and for correspondence with them, I am not satisfied with the sum of refund. What do I do with the check? I think there's a formal letter I need to write to reject it? Do I send the check back or do I inform MCOL that I received partial refund? Please advise.
  18. Hi I took out a loan withSwift Advances which is secured on my property as a 2nd Mortage. I am up to date with my monthly payments and have been for the last 9 months. When my husband & I came out of work previously we got into difficulties and racked up approx £3200 in arrear charges, phone calls, letters etc etc from Swift. I wrote to them saying itwas unfair to levy say £35 for a letter & a £60 fee for account management whilst in arrears. I asked for a full list of all charges to be sent (which I never got!) What I did g et was a letter saying that they were prepared to knock off £750 & interest levied off the £750. I rang the FOS who couldn't help as they said that 2nd mortgages are not regulated(?) by them I wrote back and said I wouldn't agree to just £750 being knocked off and it should be more but I couldn't say too much as I didn't know what they'd knocked off in 1st place!! Now I have rec'd a letter from them which says "We've recently reviewed how payments you might have made towards the fees and charges applied to your loan or refunds we have given you could be applied. In te fuure so that you pay less interest as a result of our review we've reduced the amount of interest applied o your account and have reduced the overall loan balance to£6779,28. All future additional payment you might make towards fees & charges will be applied in this way ensuring you are charged minimal amount of monthly interest." I sent them an email asking a) what was balance before they reduced it b) why have they reduced it (is this the £750 + interest taken off?) c) Will it effect the term of my loan. No reply so emailed them again still no reply Has anyone any idea what they're on about as I haven't a clue!!!! Thanks PAm:???:
  19. Hi all, I hired a van from a local company a few weeks ago. We both inspected the vehicle, but just a 30second walk around. The guy didn’t evenhave a pen and marked out the form (with the cc) with a key! When the van was returned (out of hours), Ipopped the keys through the letterbox as per their instructions. The next day I went away to visit mygirlfriends grandparents who live in very rural Romania. There is no phone reception or internetconnection. The nearest town is a good30 – 45 minute drive away. Anyhow, mostpeople know I am away and just leave messages on my phone knowing I will pickthem up upon my return. I have just returned home to find a number of messages fromthe hire company telling me there was damage to the drivers side sill and it will cost £500to repair. I have no knowledge ofdamaging the van or hitting anything to cause this damage. And to be honest, neither I nor the chap whoI walked around the van with really checked the sills. There were the usual dents, scratches andscuff marks which is typical for most of the vans from this company (I haveused them many times before). I have no written correspondence from the hire company, justtelephone messages. They state they havealerted the police to the circumstances as I have not retuned any messages forthe past 3 weeks (reasons stated above). Now, do I have a leg to stand on with regards to disputingthe damage? When I paid for the van, Ipaid cash and they didn’t take any card details. However, they have been through their recordsand have taken two lots of £50 from my account over the last 2 weeks using card details I have used with thempreviously. Do they have the right to dothis? And if so, do they have the rightto keep taking money after they have taken one payment. It turns out they took £100 from a client ofmine last week who I hired a van for some time ago where he paid directly viahis card, but they have refunded this to him. Any suggestions for my next move? Many thanks
  20. Hi all Here I go again, needing advice of my forum friends regarding ppi I had a loan with alliance and leicester in 1996 and claimed what I remember being 3 months in 2001 coming to the end of the loan. On requesting mis selling to santanda I declared about the ppi claim and they wrote back 4 weeks asking did I have any further information for them. I sent a copy of the final claim I made as the loan was finishing along with a copy of the FOS questionairre ..again!! Santanda has replied 2 weeks later saying that I paid £1634.16 in premiums and claimed £6828.68 in claims I know this is untrue but dont have the first claim letter just the last which shows they paid £108 for each week of 7 weeks (this works out at £5616 only if they paid me for the full 12 months) I believe that I claimed 12 weeks at £1296 Does anyone have any advice on how I can word a letter to ask for proof of these claims because I know I only had 12 weeks claim due to sickness please please help Thank You
  21. Hey, I had a credit card with RBS (Mint) a lot of years ago. In 2009 I was being chased by Wescot and after sending them a CCA request which they failed to respond to, I sent an Account in dispute letter. Around 1 week later, I got as reply from them stating that they had "received instructions from their client to withdraw the account and therefore, you should receive no further contact from Wescot in relation to this matter." Now, 4 years later I received a letter from ARC (Europe) Ltd. chasing me for the same debt. So where do I stand, is the account only in dispute with the original DCA (Wescot) or is this now a new account as it is now being pursued by another DCA (ARC Europe)?? I am thinking about sending them a CCA Request assuming that they do not have any paperwork and then put the account in dispute again but is there a quicker way for me to nip this in the bud given the history? Thanks Euro
  22. Really need some advice about a letter i have received from local council regarding the recent extension of my boundary fence. The problem has stemmed from me having a nosey neighbour who has issues with everything and everyone, so much so that i stopped talking to him a few years ago. He built his shed on a platform which enabled him to stand in the doorway of it and look directly into our house. He has used the chance to do this constantly. I have had no privacy and had become increasely distressed by this. He makes unlimited pointless trips to the shed whenever i am outside to watch whatever i am doing. I then had to take on my daughters dog as she moved into a flat and couldn't take him, i already had 2 dogs of my own. It has take a while for the new dog to settle, made worse by my neighbours constant messing in his shed for no reason. I then decided to put a little extension in height of fence just at the height of where his door is visible into my garden. He came out on the night and i heard his wife ask what he thought to which e replied he had no problem. Today i have received a letter saying the fence is now 2.3 metres and needs to come down to 2 metres. I have emailed them back with my concerns over his shed, also he has a tree against my fence that is at least another foot above my new higher fence. Do i have valid claim against his shed height and privacy as it is on a platform? I said in email i have no problem with lowering fence but have issues with the shed. Hope i have put this in the right place Thanks in advance
  23. Hi I’m a new member and feeling a bit unsure of how/where to post so please bear with me. I know this is long but I wanted to include everything so that readers would have the whole picture. Thank you in advance for your support. On April 2, 2013 I listed a wedding dress auction. I had indicated in the listing, this dress came as a donation item in effort to contribute to active fundraising activities. The dress description indicated that the item had the tags in place, would need to be cleaned and pressed, and had a few clasps that were coming loose. The listing gave specifications of the dress to include measurements, fabrics, and original retail price. Also included in the listing was that the dress was donated and all proceeds would be directly given to the charitable organization, in my area, I included details about the organization name and efforts. Pictures used were taken the same day as the listing was created. Upon completion of the listing, the dress was wrapped in plastic, was then placed into a box with packing papers for added protection, and made ready for shipping. The buyer contacted me on 04/08/2013 with an inquiry about the train length; she requested that a photo be taken of the dress on so that she would have more of an idea as to the length. I explained that the dress does not fit me and an attempt to photograph myself in the dress would not be a fair representation. I did not tell the buyer that I’m just five feet tall, 109 pounds and a size four, the size 22 dress is 18 sizes to large but only that I did not feel it appropriate that I model the dress. I instead sent her a photo of the train and a link to the David’s Bridal webpage so that she could get exact dress specification. She responded that what I had sent would suffice. She then sent a follow up message asking what color the dress was. I told her it was Ivory. The auction ended with her as the highest bidder. Once payment was received total amount of the funds were taken from my personal account, minus shipping and selling fees funds and donated in the original dress donator’s name. The buyer and I exchanged a few very pleasant messages; she requested a tracking number which I provided. I messaged her tracking details and expressed that I hoped she would be pleased with the dress. On April 22, 2013 the buyer contacted me to express her dissatisfaction with dress; she indicated that the train of the dress was dirty and that she believed that the tags had been replaced after it had been worn. I responded conveying my disappointment that she was not pleas with the dress, assuring her that the dress had not been worn, as well as reminding her that the listing had clearly stated that the dress would need to be cleaned. I further explained that the funds had been immediately donated to the Best Buddies organization and were no longer in my possession. She responded that “it is an insult to have a worn wedding dress on my wedding day.” At which point I remained apologetic in her disappointment but assured her that the dress had not been worn prior to her receiving it; I again reminded her that the listing clearly indicated that the dress would need to be cleaned. At which point (01:04 PM PST 04/22/2013) she exercised the “Buyer Protection” option under the classification that the item was not as described, stating that the train was dirty and that “NO BRIDE WANTS A DIRTY WEDDING DRESS ON HER SPECIAL DAY!!” Throughout that same day we, exchanged many of the same details within the dispute resolution process. I attempted multiple times to assure her that the dress had not been worn but as indicated in the listing, it did need to be cleaned. She indicated that she would send pictures of the dress and that I was untrustworthy. That same afternoon (03:54 PM PST 04/22/2013) she responded stating that she would keep the dress under the condition that I pay for cleaning. At which point I stated that she was essentially asking me to pay for something that was stated as needing being done in the first place but to go ahead and get the estimate and in the meantime I would need to find out what my rights were. The following morning (07:32 AM PST 04/23/2013 she indicated that she had taken the dress to the cleaners and that it was estimated to be $100-$150. She went on to details other areas of the dress that were of concern; stating that they were the professional opinion of the cleaners. I expressed an interest in seeing an itemized statement from the cleaner, as my own wedding dress with preservation had not been as high. I also told her that the areas of concern were not noted when the dress was in my possession. I also asked if she had taken it to more than one cleaner. She responded that she had taken the dress to two cleaners and that the second cleaner estimated that the cost of cleaning would be $100-$125. She also indicated that the cost of living in area residence was much more affordable. She knew this because she has shopped in an area that is more than four hours away and that she knew “all about the CHEAP PRICES THERE.” Moments later she responded stating that "ALSO TAGS CAN BE REATTACHED!!! AS I BELIEVE IS WHAT HAPPENED HERE. CONSIDERING I USE TO WORK IN RETAIL. I HAVE HAD SEVERAL PEOPLE RETURN ITEMS WITH THE TAG ATTACHED BUT SMELLED LIKE PERFUME AND HAD BEEN WASHED. " While I did not agree with her request, for resolution purposes I agreed to pay ½ of the cost of her lowest cleaning estimate, which would have been $50. I did not hear from her again on this day. I contacted an ebay representative (07:36 PM PST 04/24/2013) in order to understand how the process works and how I might be able to submit several of the photos of the dress while it was still in my possession, as well as a written statement from the donor in regards to the dress condition and history. At the suggestion of the ebay representative I requested (08:26 PST 04/23/2013) that the buyer upload pictures of the dress so that I might be able to see her concerns. The following morning (06:04 AM PST 04/24/2013) the buyer responded, stating that she would accept $65 for the cleaning of the dress and that she would upload pictures of the dress if ebay would instruct her as to how to do it. I repeated the instructions that I was given by the ebay representative who indicated that it was allowable to use the ebay messages area to upload supportive evidence for verification purposes; stating that once an upload has been completed to then make a note in the resolution area, both platforms are monitored by ebay & will be used when making any determinations on the case. I again requested that share the images in the ebay message area and then make note of the upload within the resolution area. This request elicited a withdrawal of all previous negotiations and a cease in all communications from the buyer. Her last communication (07:40 AM PST 04/24/2013) "I CAN DO SOMETHING EVEN BETTER FOR YOU. I WILL SEND THE DRESS BACK TO YOU SO THAT YOU CAN SEE FOR YOURSELF. AND I WILL SEND A NOTE WITH THE DRESS DESCRIBING ALL THE AREAS OF THE DRESS THAT ARE DIRTY. THAT WAY YOU CAN SEE WITH YOUR OWN EYES. I WILL REQUEST A RETURN LABEL FROM EBAY TO SEND THE DRESS BACK TO YOU TODAY. THAT WAY WE CAN SOLVE THIS TODAY....I WILL NOT GO THROUGH ANOTHER DAY OF ARGUING. THIS IS WAY OUT OF CHARACTER FOR ME. I USUALLY WALK AWAY FROM ARGUMENTS. I WILL LET YOU KNOW THE TRACKING NUMBER WHEN I TAKE THE DRESS TO THE POST OFFICE. HAVE A BLESSED DAY." That evening I had not heard back and sought clarification as to where we were in the process, previously the buyer had indicated that she would share pictures and was agreeable to splitting the cleaning expenses. Based on her last communication I asked for clarification as to my understating of where we were in the process stating that my understanding “As I understand it, you do not wish to send photos & plan to move forward in the dispute process. Is this correct? " The buyer did not respond and did not supply me with pictures or a written estimate of the cleaning bill. When the time for “working it out” had passed, I contacted ebay and asked if I would be able to escalate the process. I was told no that the buyer would have to do this but at that time I would be able to submit my pictures and written statement from the original donor. The buyer escalated the case early the next morning at which point I received notification from ebay that I would be contacted within 48 hours. This morning, I received notice that ebay had made decision, stating the following: Decision: We've asked the buyer to return the item to you for full refund. Comments: The buyer has been asked to return the item to you. Once tracking shows the item has been delivered to you, the buyer will be issued a full refund. I contacted ebay again. I told the representative that I had been advised that I would be provided an opportunity to submit my own “evidence” once the case had been escalated but this had not occurred but yet a decision had been made in favor of the buyer. I was told that message may be a bit misleading. At this point the buyer was to return the dress to me and I was to inspect it and contact ebay upon receipt. At this point I would be able to file an appeal and give my “evidence” as to the condition of the dress. The rep assured me that by no means was the case closed. I’ve been a user for some 12 years, I have successfully engaged in hundreds of mostly buying and a few selling transactions. While I am disappointed in the outcome of this transaction, I have tried unsuccessfully to negotiate a fair end for both parties. As indicated, the posting clearly stated that the dress would need to be cleaned. Even though I do feel that I accurately represent the condition of the dress I still offered to share this burden of cleaning for the sake of resolution. I made no unreasonable demands, nor did I question the buyer’s integrity (though mine was continually attacked). I continued to keep respectful communications open but was met with opposition of silence. The funds from this sale were given to charity, I simply do not have the means to meet this out of pocket burden and I’m not feeling overly confident that ebay will be of any support, there is no recourse for me as a seller and there has been no opportunity to be heard. I strongly doubt that once the dress is returned and in my possession I will be given any other means of dispute and will have to shoulder this regardless. I plan on closing my ebay account once this is resolved, based on principle. I have no desire to continue contributing to any operation that is biased and partial. I do however I do need my paypal account. I’m clueless as to what to do at this point. Please any advice would be greatly valued.
  24. Hi all, Really sorry if I have posted this in the wrong place so do tell me We have a dispute with our previous private landlord over outstanding arrears, I will try and keep it short - Firstly when we moved into the property we had to redecorate, clean (it was disgusting and the bathroom toilet was vile). We notified the landlord and the property manager of this and whether they chose to do it or we would do it and invoice them for the labor and materials as according to our agreement the property was menat and should be put back to neutral colours etc etc. S we carried out the work and the invoice total came to £1200 which we sent to them, they acknowledged verbally however we have still never received payment for this. My partner and I fell on very hard times at the end of last year as his business died of death (he's a builder) and we fell behind with our rent, we notified the landlord of our situation and managed to keep paying them until we exhausted all avenues until we had to go to the council and ask for help, neither of us had done this so all very new. Council were lovely but we fell a month behind on our rent- when we notified the landlord that the council were involved and back dating our rent to cover that month they basically told us they didn't care and 4 hours later whilst we were at home as I had just had my son who was only a week old a section 21 was posted through our door, we tried to resolve this but they were not interested. We moved out at the end of April due to this prior to the eviction - our parents helped us secure our new property. However during the period whilst we were moving furniture etc to the new property they entered the property illegally (they have admitted this) not once but twice! Stupidly at the time of moving I couldn't find my watch or earings and I thought I had just packed them but never brought this up since finally unpacking they and several other items can not be found Not only this but they have kept our deposit without informing or notifying us and are still trying to claim an outstanding amount. We openly gave them our new address and they have the correct contact numbers yet have made no effort to resolve this matter or speak with us Where do we stand as I have had a thug from direct collections turn up who I have to say was down right rude and told me they would make us bankrupt. He went off this afternoon and said that he would be back this evening with a bankruptcy order - needless to say he hasn't reappeared! His behavior was intimidating. I was at home with our son on my own and from what I have seen on this site they are not pleasant to deal with. He showed me no paperwork or id except for a business card -- I have to say they must be doing well as he was driving a brand new bmw!! I explained the situation and that there was a dispute and his attide was tough **** not my problem pay up and I will go away Could anyone offer any ideas in regards to the dispute and secondly how do I stop direct collections ltd, I do not want to be put in a situation where I feel unsafe and threatened especially with a young baby ?? Thanks
  25. Hi, I signed up with Cardsave in March 2012 and never once used their service so in December I called them to pay my last quarterly payment early and end the contract. They took the payment over the phone and the advisor told me that all I needed to do now was cancel the direct debit. Regardless, the next day I send a letter anyway. I posted it around 22nd December. March 2013 comes around and Cardsave start chasing me for quarterly fees. I rang them and said that I had cancelled the account as far as I was concerned and they said someone would call back. Nobody called back and the letters kept coming, so I wrote to them instead, telling them I had cancelled the contract and it shouldnt have renewed. They eventually rang and said they will need to charge me termination fees as well as the rest of the year's worth of quarterly payments! They said they had never received my cancellation letter. I wrote to them (this time via recorded delivery) with a copy of the letter (I take copies because I know what these companies are like) and also stated that regardless of whether I had sent a letter, I was TOLD that the account was now closed anyway. I have today received a more official sounding letter with a copy of my contract signed in March 2012, asking for £240 and call it quits or they will seek further action and claim the £550 something they say I owe them. I have never used their terminal or any of their services. As far as I was concerned the contract was over. What are my options here when they claim they never received the cancellation letter? Thanks, Mark
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