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  1. Hi all, Last year our family pet was admitted to a veterinary practice while in the care of a Dog Sitter. We were led to believe by the sitter that she was fully insured and the costs would be covered. However it now turns out that she wasn't fully insured and has completely blocked all contact with us. We have paid the veterinary practice for the treatment that we authorised and are in the process of claiming that back through the courts. However today we have received a threatening telephone call from a Debt Collection Agency collecting the outstanding balance on the account. However we believe (and a solicitor has also suggested) that that money should only be paid by the Dog Sitter. Does anyone have any advise on how to deal with the Collection Agency?
  2. Hi Guys Some time ago (about 12 months) I sent a credit agreement request letter to Argos for an account taken out prior to 06/04/2007. I was sent a signed application form that contained no prescribed terms and conditions so I told them it was unenforceable. They sent it out to about 3 DCAs in turn all of which received the same answer from me I heard nothing further until today when a letter arrived from Argos saying they have sold the debt to Lowell as no good reason has been given for not making payments. I also had a letter from Lowell today saying they have bought the debt and now want payment as I now owe them. Anyway, is there a standard letter on here for when a debt with an agreement containing no prescribed terms and conditions has been sold to a DCA?
  3. Hi, I've been receiving letters from debt collection agencies for several years for a barclaycard debt. I did take out a barclaycard 10 years ago and I fully paid off the balance and closed the account. The card was never activated so could not have been used to make any payments, it also had an interest free period of 18 months, the debt was paid off before the interest free period ended and no payments were missed. There could not have been any interest, fees or other charges on the account. I have always disputed this debt as not being correct. Each time I received a letter from an agency I sent a prove it letter, I would not get a response and I would usually not hear from that particular company again. The last company to contact me was Aktiv Kapital, I sent them a prove it letter and they responded with a letter stating they have no copy of an original credit agreement and would no long be pursuing the debt, this happened about a year ago. Recently I was enquiring about remortgaging the house to fund an extension and failed the credit check. I looks on experian and equifax and saw that a default had been listed on both accounts from AK. I contacted the CRA's and AK, all of whom refused to remove the entry from my report. While on the phone to AK I was informed that they do have a copy of the credit agreement and I asked it to be sent to me. I've now received the original credit agreement which is for the barclaycard I had, it shows I requested to transfer a balance of around £2600 from another card, the debt AK are saying is owed is just over £600. AK have not provided any other evidence such as statements or letters. I have also complained to the Financial Ombudsman and received a response from AK stating some of the above information. I have not progressed the complaint on to the next stage at this time. I'd like some advice on what to do at this stage. I want to have the default on my credit report removed and for the debt to be officially acknowledged as having been paid off as I don't owe this money. I also would like (if it's actually plausible) to have some form of compensation for the time and stress this has caused over a period of many years. In addition it has caused significant issues as we are now unable to extend out home due to the default on the credit reports. Furthermore I took out a loan around 3 months ago and I will have undoubtedly received a higher interest rate than I would have done had the default not been on my credit report. Any advice is greatly appreciated, thanks.
  4. just wondering had one of their letters last week and phone calls started tonight. had letter last week with a letter from 3 mobile saying they have sold a debt for a mobile bill. all my mobile bills was paid and it was in 2007 when they changed the network and my service became none usable. they agread to terminate a fairly new contract and not hold me for the reminder contract so was billed and all paid up. i get a bill from lowell saying i owe £54.40 and was going to ask them to prove it until i got my phonecall of them tonight. womman would not refer it as in dispute and wanted me to prove on the phone that they where wrong etc. i said its in dispute and if anything stat barred wich she replied no it aint and their pursuing. they recon three mobile did not have my address well thats untrue they also had my phone numbe r and was never billed or even sent anything i have a new dongle contract with them thats not working due to bad signal and that will be took up on over the next week or so. in the letter from lowell they said they brought the debt in 04/03/2011 so does that restart the clock on the stat barred.
  5. When I left my old flat (in the same road I'm in now incidentally, a few doors along, the old one's waiting to be refurbed or demolished), there was £281 owing on the bill by their reckoning. Around £400 had been in dispute but they'd sent some of it off to a debt collector who'd written me a nasty letter or two then gone quiet. This was maybe three/four years ago. The rest of the debt (or alleged debt, depending on your viewpoint) was simply carried forwards on the bill and I paid every month the amount I thought they should have. In November two years ago I mived to a different flat in the same road. The leccy here was supplied by EDF but I changed it to BG as EDF didn't do a discount scheme for disableds. I've received occasional emails from a debt collection company about this alleged debt since I've been at the new address. I ignore them, life goes on Now today I get a letter from BG saying they're transferring the debt from the old account at my old address to my account one here. Can they do that? There's no problems paying the bills here, I should point out, I'm not in arrears or anything. On Noddle it says late payment against my old account but my account here's fine. The old one only got in arrears when a relative of the landlady's moved into the flat upstairs from me there there and my leccy bills went through the roof. The flats were conversions from an old, old property and eveerything was a bit higgledy-piggledy. When he left, my bills went back to normal. Go figure, eh? This went to court without my knowing and I lost. BG sent the boys round to change the meter for a PAYG one with what they said was a warrant but I refused to let them in and showed them my CPAP device, an electrically-powered device which assists me with breathing when I'm asleep. On seeing that they went away. I managed to get BG to put me on the cheap tariff they had for disableds after that incident, managed to get it in writing. Aapart from a few dumb emails, since then there's been nothing and today I get a letter saying they're adding the bill from my old flat to my bills for the new one. So, can they do that? Some might be wondering how BG could take me to court, which involves advising me first, without my knowing. Simples, they bombarded me with threatening letters saying more or less the same thing, bad things would happen unless I paid up etc. which were all similarly formatted. After you've read a few, you've read them all. I just glanced at them and filed them after a while. Then they sent one which appeared the same as all the others but when I went back to look at it later it did actually have a court date in it. Sneaky, huh? can they add this amount from the old account at the old address to my new bill and account here? You have to wonder why they didn't do it before if that is the case.
  6. Hi guys New to the forum - so please go easy on me Anyways - Having worked in retail for many years, I know a fair bit about shoplifting. Have seen it all - mostly videos by the shop security teams - and being committed by people with my own eyes. Anyways, a few days ago I was in the Manchester branch or T K Maxx. I was downstairs and was trying several pairs of shoes on. Long story short - I put the wrong pair of shoes back on the rack, i.e - the ones I walked in wearing - which I also purchased in the same shop, several months earlier. I had been interrupted by a phone call and was not paying attention when I made the mistake. I left the store and was stopped by a member of the store security who hauled me into their office and after verifying several of my details was told I would be hearing from their representatives through the post. Now the thing is this - througout my life I have always suffered with memory problems. When I was at school, it was bought to my parents attention that I may have Dysprxia. All of my symptoms (poor hand-eye co-ordination, attention span, memory issues, retaining information) pointed to the fact that I may have this disability. Against my better judgement, and the fact that I was too proud, I never sought to have it verified by a specialist, although several of my jobs have come to an end as a result of one of the aforementioned problems - jobs at Barclaycard and Ofsted - due to me not being able to concentrate and retain information due to my mind wandering. I have also missed appointments - leading me to being sanctioned on one occassion, again, due to my poor memory. So, even though it was an honest mistake - is there not anyway I can appeal my case? If the shoes had been tagged for a start, surely this would have helped - if the alarm had gone off at the door, then I wouldn't have left the store, and I could have sorted it out - yet been deeply embarrased! Any help greatly appreciated Thanks
  7. I signed off a while back as I found some temporary work. I had my interview today regarding signing back on and while I was expecting it to be problematic, I wasn't expecting it to be as bad as this. There were three changes to my job seeker's agreement that I disagreed with: 1. On my old agreement I had Saturday down as a non-working day due to other commitments. I'm now being told that I have to work on a Saturday. I was told the only valid reasons for not working on a Saturday are if you have children to take care of, or if you have a health problem that somehow prevents you from working on a specific day of the week. As it wasn't mentioned, I asked what would happen if somebody had a religion that meant they wouldn't be allowed to work on a certain day of the week. I was told that they would have to work on that day! 2. 'I will apply for every job I am capable of doing within 90 minutes by public transport.' was entered. I asked what would happen if on one particular week I had applied for over 100 jobs and they happened to find one I hadn't applied for. 'You would be sanctioned' was the reply. Needless to say I can't possibly agree to this as it's designed purely to sanction me and the odds of me overlooking at least one job are very high. 3. 'I will create an account on Universal Jobmatch and upload my C.V. by my next appointment' was entered. 'I don't consent to the use of tracking cookies' I said. 'What does that matter?' was the reply. I told them that there is an EU law which states that you cannot force someone to accept tracking cookies, the UK is in the EU, so the law applies. They told me I could use their PCs or the ones in the local library. I told them I had privacy concerns about entering my data into a public computer. The new agreement actually has less stuff on it. According to my old one I have to apply for 12 jobs a week, whereas this according to this one I only have to apply for five. A whole host of other tasks have been removed as well. Whereas before I was doing around 30 things a week, the new one only has me going on UJ 7 days a week and applying for five jobs in written form. The advisor wouldn't allow me to keep my old agreement and insisted that I sign the new one. I told him that I couldn't possibly agree to something that was designed to sanction me and I didn't consent to the use of tracking cookies. He ended up sending off my old agreement and his new one as a disputed job seeker's agreement, for a decision maker to decide which one is better. I've been told that I sign on as normal in two weeks time and that I will be informed of the decision maker's decision via post. I'm sure I know what the decision will be... I have some questions: 1. What happens regarding my benefits during this period? Will I receive nothing until I sign a new agreement? If I sign a new agreement will I receive the money I should have received during the period where the agreement wasn't signed? 2. Am I correct in assuming that I stick to my old agreement? The advisor I saw today told me two conflicting pieces of information. 'You don't have a job seeker's agreement until you sign a new one. Once you close a claim your agreement is void' and 'Until you sign a new agreement your old one remains in place'. When I pointed out that he'd contradicted himself and I asked for clarification on which of the two was correct, he refused to answer my question. 3. What happens if the decision maker decides to stick with his one? I see little point in signing something that will get me sanctioned whenever they decide they want to sanction me.
  8. My 12 plate BMW 320D has been insured (Fully Comp) by Hastings Direct since May 2013. The car has been great, no issues, low mileage and still under warranty. The car is parked on my drive. Over the Christmas/New Year period I had been driving the car with no issues. But clearly, living in East Sussex we bore the brunt of gales, torrential rain and leaf fall debris, particularly during the first week in January. When I opened the car on the morning of 9th January, the car autodialled through to the emergency services. When I looked into front passenger footwell it was some 3 inches or so deep in water. The rear footwell was similarly flooded. With the aid of saucepans and cups I bailed out what water I could. The water was not stagnant, there was no smell and there it tasted like clean rainwater. I rang my local dealership and drove the car to them. There was a lot of sloshing noise in the car as I was driving. There had been no evidence of any water sloshing sounds when I had driven the car over Christmas/New Year. I notified Hastings Direct on the same day and raised a claim. The BMW dealership had at that point confirmed that in addition to clearing and drying out the vehicle, there may be additional electronic damage and'or speaker damage. The verbal estimate at that point was around £800 (net of VAT or any electronic repairs) to repair the vehicle. I received conformation of my claim details from HD a few days later in the post. After numerous false starts, many phone calls and repeated insistence from HD that they had not yet received the garage estimate, an AIA assessor was sent to examine the vehicle around 16th-18th Jan. At no point during that entire period had HD ever contacted me directly to notify of any issues. Nor did they respond to my repeated requests to keep me informed. My emails to named member of the claims team went unanswered. Phone calls from me during the week of 21st-24th to understand the status of my claim were unproductuve. I was told multiple times that either the claim had not been updated, that they were waiting for the assessors report or that the report was been looked by internal engineers. From the 27th-30th January I was repeatedly informed that there no issues with the claim and that my garage had been on 26th to go ahead with the repairs and that approval had been given verbally and in writing. My garage had received no such instruction. Yesterday morning I was told by another HD Claims person that everything had been approved and I should take the car to the garage for repair. (Obviously it's there already. It's been there since 9th Jan.) BMW were clearly unhappy to begin the work without formal confirmation from HD. I rang back at around 10:30am yesterday and was assured that email confirmation would be sent to both myself and BWM "as quickly as possible". I called again yesterday after lunch and was told (after a significant wait) that HD were not prepared to authorise the claim, after discussions with their internal engineers. This was the first time any doubt had been raised on the claim and directly contradicted everything I had been told thus far. I was called yesterday at around 3pm by a manager who told me that the claim was being repudiated on the grounds of maintenance. The internal flooding of the car was caused by a build up of leaf debris in the filter. I was assured that the matter was being referred to another manager and on subsequent call at around 7pm yesterday evening was told that another manager was going to discuss the claim further with internal engineers and I would receive a phone call before 12 noon today. I drew attention to the obvious weather issues we have experienced over the past month, which were acknowledged, but largely avoided. I have had no call from anyone at HD so far today (though I rang them early this morning to make sure they had my contact details, landline and mobile). I cannot begin to express how exasperating this is.
  9. All help / advice/ support / sympathy gratefully received. Apologies for the length etc. I'm new here, In Sept 2005, my friends and I moved into a shared flat. Being the organised one, I was in charge of bills. I rang up British Gas to sort out a gas account. As the flat had recently been converted from industrial units, we ended up being with BG Business, despite being residential occupants and pointing this out to them at length. This led to BG never quite getting our address correct on correspondence. Out of the blue, in about April 2007, I received a final bill from BG Business, confirming that we had closed our account. We hadn’t, and I (and another flatmate) queried this with BG over the ‘phone on more than one occasion. We continued to receive gas. I moved out of the shared flat into a place of my on on 1st Sept 2007. As I was in possession of a final bill from BG Business and the issue of the account was still in limbo, I left it to my friends to sort out and set up a new account for gas and electric with BG at my new address. In late 2008 (possibly 2009) after a further house move, I was contacted on my mobile, out of the blue by BG who alleged that I owed them for gas from the original shared address. I pointed out that I had a final bill from them. They asked if I knew the names of the tenants who were living there after I left and I passed on the relevant details. Fast forward to late 2011, I am just about to become a dad and have moved house again. Having had no further contact from BG, I start receiving post redirected from my previous address from a DCA (I forget which one). Having been spooked by the first couple of letters, I took to carefully removing the redirection stickers and returning the letters to sender (no such person) and scrawling ‘please update your records’ across the front. Fast forward to now. It’s 2014. I’m in another new house. And suddenly, I have received a couple of letters from Advantis to me (my full name) at this address. The first one was the traditional phishing message (‘we have an outstanding business issue with [my name]’); the second says I owe BG Business £3k for gas at the 'not correct' address (as mentioned above) My question is: can I continue to ignore these letters? Do I need to send a ‘prove it’ letter? Is the debt ‘statute barred’ since it relates to 2007? What is my next move??
  10. Hi First time post hope someone can help Bit of background we enlisted an educational psychologist for our son (can of worms wont go into the details) and a £500 fixed fee was verbally agreed for services including attendance at a tribunal. The invoice for this came through and we paid immediately - they were due to attend the tribunal 2 days after this and tried to bail on us which would have severely impacted our case. We managed to get hold of them and convinced them to still attend after 48 hours of extreme badgering ! - It should also be mentioned that their service was less than professional, having to constantly chase, emails not answered, phones not manned, voicemails not replied to etc etc. all was well and as far as we were concerned that was it - months later we got an invoice through for a further £900 for the attendance at the tribunal which we had not agreed. We disputed the invoice verbally and they said they would look into it. We heard nothing back and then got an email saying the account was overdue etc etc and we need to pay the £900 we emailed back and stated that we did not agree to it verbally and did not have any record of any prices etc for any additional work on email however if they had supportive evidence to the contrary forward it over and we would look into the matter. beginning of last week my wife got a phone call from the psyche's husband saying we had to pay or they would take us to court, we referred him to the previous email we had sent to the company etc. we then had some email tennis where he was saying we were fully aware of the fact it would be done on hourly rate etc etc despite the fact it had been agreed on a flat rate and sent over an email with hourly rates on that had been sent weeks after the tribunal attendance - the hourly rates were actually in relation to a question we asked on how much it would be for a further supporting letter which we agreed for them to do (estimated at 3 hours work). We had asked them to proceed via email with the 3 hours work but received no email reply or supporting letter - awesome service ! He told us to pay or they would take us to court - we said ok fine take us to court but we dispute the invoice and have all correspondence necessary to back up what we were saying. Instead of taking us to small claims court (they literally have the company's secretary's word against mine that we apparently agreed to the £900 fee - trust me I didn't agree as the initial conversation we had when enlisting their services agreed a £500 flat fee!) they have passed the matter to a debt collection agency. I need to know what my next step is legally - there is zero hard evidence and one person's word against mine that the conversation regarding the £900 actually took place. I could really do without someone dinging the snot out of my credit rating for money that I legitimately don't owe - I am not being bullied by these guys ! Any help would be appreciated. Thanks
  11. Hi, I'll try and keep this short. Infact for clarity I will bullet point this: - Around 3 years ago someone took out a contract in my name for two mobile phones. - I contacted 02 explaining that I did not take out the phones when I became aware of this. - They claimed someone would be looking into it, and would contact me back. - I never heard anything, and stupidly assumed they had sorted it. - Next thing I'm getting calls from various company names, saying I owe this money. - I contact 02 again, who now refuse to discuss this with me, as they have sold the debt! - I explain to the companies the phones are not mine, all they ask is if I can make payment! I lose my patience and tell them to get lost. - I get lots more letters and a few phone calls, all which get filed in the bin (silly I know). - I then get a letter saying I am having a claim issued in the county court. - I file a defence. I get a date. I get ask to mediate, which I refuse thinking that how can you mediate when you don't owe a penny! - I call the court asking if the fee has been payed, as I will have to book time off work to attend, I am told no. I follow this up with an email. - Today get a letter saying that they made a mistake and the fee was payed! So long story short I now have to defend this claim! I do have an idea of who took out the contracts (a brother of mine, who now lived abroad in Canada). Can anyone offer me any advice on how I can sort this? I feel like I have to disprove a negative, which is very very difficult. I am worried that I will be facing a solicitor or Barrister, and whilst I am fairly articulate I am legally trained in anyway.
  12. Hello I have a debt with Lloyds TSB which has a balance of circa £23k. Believe it or not, this debt started its life as a £26k loan nearly 10yrs ago and LLoyds refused to freeze interest when I began a DMP with Payplan. Sorry, that's by the bye! I received a ketter today from Aktiv Kapital introducing themselves and with it was a copy of the "NOA" from Lloyds passing on the debt. It looksfor all the world like they've just cut and pasted text onto a rubbish photocopy of an old letterhead from Lloyds. As I haven't received any correspondence from Lloyds themselves am I being paranoid or do DCA's actually regularly try to produce dodgy NOA's? I just thought I'd see if anyone had come across this before Thankyou xxx
  13. Hello, I live (rent) in a new build development which uses a communal boiler to providehot water. This has been contracted to an energy provider for billing andpreviously maintenance purposes. Eachmonth’s bill is determined to be the sum of a service charge and energy usage.Previously the service charge was split in two a fee charged for maintenanceand a fee for the service itself. The maintenance charge was eventually droppedwhen the development management accepted complaints that their contractedsupplier had not been fulfilling their service agreement on maintenance (tenants had made numerous complains to that effect). Their contract for maintenance wascancelled but we still use them for billing. Theissues I have are 2 fold. 1.That the estimate they used at the very start of my tenancy was inflated (Iasked for proof -they ask for proof from me) 2.That the energy transferred to heat my supply (heating system and hot water) was/is not accurate. As a result of receiving lukewarm water 90% of the time, I stopped using the option to pull from the central boiler and instead began toreply exclusively on the backup immersion heater. It turned out that the reason for receiving lukewarm water was because the central boiler was not serviced properly and correct filters had not been used. This meant that debris travelled around the system inhibiting the system’s abilityto transfer that energy to each apartment on the development. After receiving several bills I wrote informing them that I had serious doubts aboutthe accuracy of their initial estimate and more importantly, the system used that calculates usage. I said that I was disputing the bill but was happy to pay any outstanding charges but would need clarification from them on how there system is able to differentiate between the supply of a given quantity of hotwater vs. lukewarm water. And how I may check to ensure this is what is happening. They did not reply to my questions instead just advised me of the unit charge andhow many units they say I had used. I replied to this by stressing the point that I was disputing the bill and was happy to pay if they were able to provide me with answers. I received no reply, continued to receive bills and more recently received a threatening letter that said it would be sent to the bailiffs if not paid. I replied again saying that I had replied to them previously and was awaiting a response. This seems to have been ignored as they have sent another letter threatening me that if not paid will disconnect the service (wish they would so to not receive any more charges from them) go to the court and bailiffs. I accept that I have not gone into detail here as to why I think the amount they have charged is incorrect, other than to say that I never used their system to heat my apartment (since I live on a top floor apartment) which is wel linsulated and warm enough in winter. Hardly ever used their system for showers since it was rarely beyond lukewarm (subsequently stopped using it altogetherin favour of my immersion heater - to which I should have a case to charge them for since I only use this system after not having holt water fromt heir system even after countless complaints). Question I have is what can I do in order to prevent another party (my energy provider) from passing charges (that I am lawfully disputing) to the courts and bailiff .It does not seem right that another party/organisation/company can levy charges against someone and then start a process like this without proof. What rights does a person have if a company is using a billing system that relies on faulty equipment for usage readings?
  14. Is it true that a creditor cannot assign to a third party a debt which is in dispute? Can somebody please quote "chapter and verse" about that please?
  15. I have paid a shipping company (turned out to be a one man band) to ship good for me overseas. the company has instead took my goods to a logistic company for them to handling the actual shipping but fail to pay the logistic company the shipping cost. this was since october 2012. the logistic company has since place the good in storage. i have not been able to contact the shipping company since they took my goods. i have recently been able to locate the logistic company who directed me to a warehouse where my good are being kept in storage. the storage company advised they too have not been able to make contact with the shipping company and therefore require that i pay the storage charges before they release my goods. do they have any legal right to keep my good considering the contract between them and the shipper has nothing to do with me? what are my option. Thank you
  16. My sister was wrongly advised to change her Orange call plan when an advisor called her last year (advisor reduced it to 100 mins - saying this was best suited to her use), her normal average usage of 300 mins meant she went way over her allowance for a few months. Also we found a number of charges to calls with no number. Foolishly she never checked her account or the advice she was given and only became aware of the situation when Orange blocked access to her online account and started sending letters demanding £300-ish. After approx. 15 calls to Orange their stance was 'an advisor would never do that', several times they hung up, one person told her to f-off. They wouldn't explain the calls either, their stance was 'that is normal'. Phone calls promising to look back into the account have never materialised. I decided to put things in writing and we wrote and sent a letter recorded delivery asking (yet again) them to investigate the problem and provide details of dispute resolution. True to form no reply was received, they say they never received the letter (they did). Now a threatening letter from Moorecroft has arrived, we called Orange and they say it's nothing to do with them now, but they will investigate and call me back, they refused to give a time frame. Anyone offer any advice on how I can break through their stone wall? The communication feels 1-way, they promise to investigate but just keep escalating it. Thanks
  17. Greetings I am new to the Consumer Action Group and I have spent quite a while looking around. It seems that you are doing great things here and I could use a little advice myself. Bit of History I have just spent seven years in a Debt Management Plan with Payplan (who I can definitely recommend)and I have just become debt free (or so I thought) after repaying over £40k. It damned near killed me (seriously – I had a major heart attack half way through) and it was recommended I declare myself bankrupt more than once, but I stuck at it and I finally paid everything. Problem I have just received a letter from 1st Credit looking for me. Not wanting to stick my head in the sand, I called them, to be told by the nice man that I owed some £2.5k on a Lombard bank loan going back to an address I moved away from 15 years ago. Tis jogged my memory as I will explain, but I told him that I wouldn’t be making full payment today as I disputed the loan was mine and asked him to supply me with a copy of the agreement. His said he would supply this and I bid him goodbye. Lombard Bank This “debt” from Lombard bank first raised its head around 8 years ago. I honestly don’t recall having dealt with them and I don’t think this debt is mine. This debt has been sold and re sold several times and 1st Credit have tried to collect before. Every time a new company tries to collect, every 2 years or so, I ask for a copy of the credit agreement and dispute the debt. They then tend to go away only for a different company to try and collect a couple of years later. I have checked my Equifax records and there is no mention on my file. Is there any way to stop these people keep dragging this up? It appears they have no more proof that I am responsible for this loan than I have. Any help would be gratefully received Thanks Scott
  18. hiya. hope this is right place to post. ive had a letter from eos regarding a disputed debt from about 5 years ago. it doesnt shw on my credit file either. is their anything i can do? thanks in advance
  19. Approx 5 weeks ago i hired a small van for 7 days from a nationwide rental company, when i went to collect the van they gave me a large van however i only needed a small one and asked if i could have a small one as requested. They had a small one however it hadnt been cleaned inside or out, i said this wasnt a problem and i didnt mind. The person booking the van out, asked me to sign his PDA and said he made a note that it hadnt been cleaned and gave me the keys and i drove off - the vehicle wasnt examined in my presence (they normally walk around with you noting any scratches/damage but this didnt happen) On return, the van was inspected by the person who booked it out and a couple of small dents were found on the sill. Because they were very small dents and the vehicle being dirty i hadnt even noticed them - however when the area was wiped clean you could see them. I am pritty positive they wernt caused by me and i have no idea how the sill could get dented. The supervisor said as i had signed for the van i was responsible for the damage, he then said he'd get a quote for the damage that week by an independent garage and call me back and they held my £250 deposit. I told them i disputed the damage and it should be a 50 50 split on the repair as the van wasnt inspected in my presence which is their negligence, and i signed for the van without inspecting it which was my negligence - however he said as i had signed for it then it was my responsibility. He never called me back at the end of that week, so i called him - the quote hadnt come back but he'd have it the following week and let me know. I waited a week & he hadnt called so i called him and again they hadnt had a response for the quote, again he'd call me back to which he never. I then waited a further 2 weeks and called him yesterday to find out the damage has been repaired and cost £300. I asked him to email me photos of the damage, and a receipt for the repair and an invoice to charge me the £300 - however 48 hours later he hasnt. Where do i stand on this? They also carry out body repairs - where do i stand if they have repaired it themselves? I'm sure it would have cost half the amount at a small bodywork repair garage. How would i stand if i took them to a small claims court for them to pay half the repair cost? I'm thinking of requesting in writing: all damage reports / repairs for the vehicle photos of the damage i apparently caused (i should have took a photo but didnt have my camera phone with me at the time) 3 independant quotes for the damage (i think they only got 1) including all email correspondence regarding the damage receipt for the repair work invoice to me for £300
  20. I have a Lloyds issued Mastercard which I used to rent a car. The car rental company ( a UK-only franchise chain) took a £425 deposit by phone. They delivered the car to me and collected it. When they collected the car at 10.25, the collection driver verbally confirmed that the car was Ok with no damage. He did not leave any paperwork. I then got a phone call from the rental company's office at 10.32 saying that I had not left the signed rental agreement and that they would continue to charge me daily rental until I sent it to them. I emailed it to them a few minutes later. The collection driver drove the car to the company's office about 20miles away, a journey time of around an hour. I called them at about 4.30 to confirm that they had the signed agreement and that everything was Ok - which it was. However, I then got a call from them at 5pm to say that they had found damage to the car which I would have to agree to pay for or they would continue to keep the car on hire to me. I explained that I had no knowledge of the damage. They said it was stone chip and the cost of repair would be £150 +vat. I asked to see evidence and they sent me photos. They then refunded part of my deposit, but kept the additional £180. The stone chip was on the rear bumper and was very small - approx 2mm. To cut the story short... I emailed the photos Vauxhall who confirmed that the chip was very minor and a touch-up pen would be sufficient to repair - a maximum cost of less than £10. The stone chip was not noticed on the colletion inspection. The point I made to the rental company was that the damage probably occurred after they had collected the car from me, whilst their driver was taking it back to their base. The rental company have not responded to any of my letters or emails since. I disputed the amount with Lloyds and asked them to refund the amount. Lloyds rejected my claim because, "...the charges were outlined in your rental agreement which you signed." " ...What this means is that you may be charged for additional items such as for any damage found on the car whilst in your possession". I phoned them and pointed out that the car was not in my possession when the damage was found. And that the damage had been found 6h 30mins after they had collected it and had driven it themselves 20 miles to their base. Lloyds said that I didn't have evidence of this because the collection driver had not left the collection inspection check slip. However, I have kept careful phone logs - screen grabs from my mobile, and I have a written statement of the person who handed over the keys to their collection driver. lloyds said that this wasn't enough for them to refund the amount. Before I try to reclaim my money from the rental company by suing in the small claims court, I want to have another go at getting Lloyds to refund it. Do you have any advice, and/or is there any relevant legislation?
  21. Hi My third post on CAG today! My daughter was given a courtesy car when hers was being repaired. The insurer is Tesco and the car was provided by Albany Assistance. She had the car for six weeks when they asked for it back. Daughter phoned Albany and they agreed to let her keep the car for an additional two days for a payment of £40. When they asked for it back they didn't give her enough notice to get it hoovered and washed as they wanted it during the afternoon and she was still at work. So she quickly cleared any litter etc from the vehicle and they took it back. They then tried to bill her for a valet at £50 and a payment of £74 for the car hire for the two days. She has paid them the £40 but is disputing the other charges. Valet - no chance for her to get it washed and hoovered so why should she pay £50 when she could have got it done for £10. Also, wouldn't this be covered by the insurance company (at least for 42 out of the 44 days worth of hire - eg a proportion of the valet charge)? And she is disputing the hire charge because that isn't what they quoted her, but she has nothing in writing. We have emailed Albany twice as per their instructions when a dispute arises, but they haven't responded other than to send out the same payment requests. Despite our emails and their lack of response we then started to get demand letters from Regal Credit. RC are now threatening to take my daughter to court and obtaining a CCJ against her. Since that threat, she has emailed Albany again and cc'd Regal but we have heard nothing. That was a couple of weeks ago. But we know that all they will do is ignore the dispute and carry on making demands. What are we to do? I am sick of being bullied by companies like this and think it's time to fight back. We've said in our email to them that we would take them to court if necessary but in reality I can't see us doing this as we're too timid really. Any ideas please? thanks eve
  22. I have a long running complaint with Santander. Between January 2007 and June 2007 santy applied £1,050 of charges onto a joint account that I was named on. I put in a claim for a refund of the charges just as the stay was granted. (Typical!) The lovely people at the bank decided it would be nice to register the account as delinquent with the CRA’s and placed it at 3mths in arrears, where it stayed in default for the whole duration of the OFT Test Case. (It was an overdraft that I refused to pay as it was wholly comprised of bank charges). My argument at the time (and still is) is that in registering a disputed sum the bank had broken S13.6 of the Banking Code. The nice people at the bank would not acknowledge this ,I took my complaint all the way to the Ombudsman. In December 2010 the adjudicator decided that Satan’s bank were not required to amend thecredit file entry. I appealed this decision and was in the process of evidence gathering for the Ombudsman, when as part of my evidence gathering I spoke to Experian, who verbally advised me in January 2011 and I quote ‘At somepoint between Sept 2010 and Dec 2010 the record had been removed from your file’. With this news I was delighted as I had achieved my objective of having this damaging entry removed from my file, so I spoke with the to advise them of this. The adjudicatorthen asked me if I wanted to drop my complaint as I had achieved my objective and I agreed. The adjudicator advised me that I could always take up mycomplaint again if I needed to. I thought all was well, until recently when I applied for a mortgage and the underwriter advised of something on my credit file that should be okay with an explanation. This comment raised my suspicions I immediately signed up to Experian to look at my file and low and behold there is an entry from Santander for the sum, now marked as settled in Dec 2010 with a nil balance, but still showing more than 3yrs of arrears (stuck at 3mths, save for the last entry which has been put in as 6mths just for good measure). I have never paid this sum. I have spoken to the complaints team at Santander and they have spoken to the credit data quality team and they have come back to me and said that they have never amended the entry and it has always been there. I have reopened my complaint with the FOS. It’s actually a new complaint, which is not what the original adjudicator (who has now left) had advised, but hey ho, from what I am reading about the FOS on these pages I had better adopt a more aggressive strategy than using the FOS. So my question to you my learned friends is this:- I want to take the bank to Court for registering a disputed sum with the CRA’s. My argument is that when they made the entry it was indeterminate in length as is now being proved. This negative entry started to impact on me in 2007 and as it now shows that it was settled in Dec 2010 it will not be removed from my file until Dec 2016 meaning that their charging, is going to impact my otherwise unblemished credit profile for 9 years in total, which cannot be right, or can it? Please advise. Additional items for consideration. During the dispute I always maintained I would pay the sum if it was proven to be lawful. As the matter has already been 5 years in the making I no longer care how long this will take to resolve people. I have a file about an inch thick of all the letters that I sent and the replies which I can put up online for you perusal if some kind person advises me how. If anyone out there wants to help, advise or mentor me on my quest for justice (or just to give them some pain) your input will be very greatly appreciated. Thanks Anthony
  23. Hi, My girlfriend took up a Uni course at Aston last summer but withdrew in October. We are aware of, and perfectly willing, to pay tuition fees of 1/3rd the total that would be due, as is outlined on their website for this situation. The catch is this - she was entitled to DSA (disabled students allowance) which should cut the yearly fees down from £9k to £3k. For a variety of reasons, internal communication breakdowns most likely, the DSA-adjusted fee was never actually applied and to this day her account is still at the non-DSA amount. Thus, we now have debt collectors asking for £3289 (a third of £9k give or take). We've been in touch with the Uni over this and have received confirmation from her disability advisor there, that they do have confirmation of her entitlement to DSA. For some reason this never made it over to the accounts department so I'm now fighting against time to get the account updated to the lower amount by trying to get the departments to speak to each other before the DCA starts knocking on the door. So, my question really is, does anyone have a template to send to the DCA which says "we're disputing the amount (but not that there is something owed), and we're trying to get proof, which we'll send as soon as we have it)" - I had a look through the templates but none really seemed to fit and I'm not entirely comfortable with drafting one from scratch in case I say something wrong. We could send the DCA a photocopy of her DLA (living allowance) but I'm not sure that'd really be enough, it's the DSA proof I'm trying to get. Thanks in advance for any replies, advice, tips
  24. I'm currently in dispute with a previous insurer who voided my car insurance policy after an accident and am wondering how to proceed without their representation. The accident happened when my car was driven into whilst stationary at a busy junction - I was unable to stop a witness and the driver of the other vehicle has refused to accept liability. The driver's employers are represented by an accident management company who I have been corresponding with. They have details of the accident (I explained that I strongly refute their client's version of events and would be accepting no responsibility), together with a written estimate for repairs to my car. An assessor has inspected the damage to my car (which is still not repaired after five months) on their behalf. The accident management company are still maintaining that their client is disputing any liability. The client's vehicles are fitted with video cameras which should show clearly that my vehicle was stationary at the time of the accident, but I have been told that footage is not available for the date of the accident (they were unable to explain why). Should I be instructing a solicitor to take the vehicle operating company to court? Are any other options available to me?
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