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  1. Right i'm a bit slow on the uptake of where to start to claiming back missed payment and late charges etc.. So can anyone give me a simple step by step guide of what to do next as in SAR and CCA or whatever it is i need to do as i am so lost Thanks for any help
  2. Not sure if I'm posting in the right place, but here goes. My Mother in Law has been in a residential care home for 13 years since having a stroke. She sold her house to pay the fees. Every year the fee has gone by a hundred pounds a month. They inform us by letter and we amend the standing order. 3 years ago we moved house. We never received any further requests for increases in payments. My wife visits her mum every week and has had many dealings with the staff and management at the home, especially with regard to her care due to her immobility and use of hoists etc. She had informed them of our new address and phone number. Earlier this year we received a call from the finance department to say that they were owed over £4000, the reason being that they had been sending the increase letters to our old address! They didn't think to contact the home for our new contact details for over two years! The home has since asked us to move Mum in law to a nursing home because they can't cope with hoisting arrangements. They now want the remaining £2500 grand or so payment. The question is, if they failed to tell us of the increase in payments, do we still have to pay? It was their incompetence that they didn't inform us, why wait 2 years to chase up the home for a contact address. Thanks for any advice in advance.
  3. In the “Sticky” section you will see that I have provided a new Sticky entitled: A Guide to Bringing and Defending a Small Claim in the County Court. In you have a dispute regarding fees charged, it is simply astonishing the number of websites offering to assist debtors in “reclaiming” fees. With the majority of debtors having never been in court, it can be very tempting to accept such services but a word of warning.....anyone tempted to use such services should first make sure that they look at the small print on the site as they will very likely discover that such firms are really offering to “reclaim” bailiff fees on what is commonly called a “no win, no fee” basis, the proper name for which is “Conditional Fee Agreement” It is very important to be aware that this does not mean that you will not pay anything !!! I will provide further details shortly. Alternative there are also many websites which worryingly "encourage" debtors to issue claims against bailiff companies and even offering for a fee to "assist" the claimant with completing an N1 Claim Form on their behalf !! Sadly in order to encourage debtors to use their service it is common to see such sites making claims that: “Costs cannot be passed onto the litigant in the Small Claims if you loses” Or even: “If you lose in court will will only lose the fee of the summons and you will never ever pay the other persons costs ” Unfortunately, neither of these statements is true and claimants should be aware that if they bring a small claim and are unsuccessful, or as a defendant in a small claim you put the other side to huge trouble and then lose, the court has a discretion to make an order for you to pay the costs that the other side has incurred if you have acted unreasonably. This is confirmed by the Civil Justice Council. If you are considering issuing an N1 Small Claim to recover bailiff fees then please visit the new Sticky here: http://www.consumeractiongroup.co.uk/forum/showthread.php?403670-A-Guide-to-Bringing-and-Defending-a-Small-Claim-in-the-County-Court(1-Viewing)-nbsp
  4. Hi I have printed off statements for my Capital One Account, which only has a credit limit of £200 on it. Looking at charges since April this year alone, I have paid £48.00 in Late/Failure to Pay Default charges and £36.00 in Overlimit fees (let alone app £20 in interest which I can live with). So my balance now stands at £289.47. I have recently negotiated a repayment plan of £10 for the next 6 months which is affordable; however is it worth persuing them for a refund in the charges as, it would, obviously contribute to a reduction in balance meaning the account would be settled quicker? If so how do I go about this?
  5. Hi, I am new to this so please bare with me if this is the wrong place to post. I am looking at a debt problem on behalf of my girlfriend who needed a hand. Upon looking at it I can see that she is using Kensington Finance and one of their debt management plans. Upon review I can see that they are charging a huge fee each month which obviously will slow down the process of paying off the debt. I wondered what options were available to me/her. I would ideally like to pay as little (if anything). I have noticed some places like Payplan or CCCS don't charge but really am an amateur here. Can someone give me some advice with regards to the fees? Thanks a lot!
  6. However, trawling through the list of things - I'm not 100% sure what I should be reclaiming, as far as I know just default fees. A quick skim (not spreadsheeted yet), reveals at least.. 32 x £12 Default Fees ( "DEFAULT FEE PLAN INT FREE" )* = £384 34 x £6 ID PROTECTION = £204 22 x Various Amounts REPAYMENT OPTION PLAN = £88.89 In fact, during the life time of the account - it wasn't used apart from a few months here and there, approximately 5/36, and all that was done was charges. I should note, the total of the default fees alone is higher than the limit on that card - although the card was settled in full. So there's no argument regarding any default here, but if the state of affairs was similar with a Capital One card I had then I may have an argument there. (Although, after reading one thread were CapOne never backed down about the default and it went to court, I probably won't be trying that as lovely as it would be to have that default removed!) Now, the above figures are obviously without interest and ignoring interest fees themselves. However, I've read a few conflicting things about interest calculations; I've read that a flat non-compounded rate of 8% should be applied to charges when claiming them back, but then I've also heard to use the card's APR! Similarly, on another thread on here (albeit, from a couple of years ago) - someone suggested sending both a claim for a ROP, and a claim for default fees - but as two separate claims. Realistically should I be focussing on just the £384 at a flat rate of 8% interest (£414 or so) or should I be gunning for ID Protection and ROP refunds too, along with the card APR on the default fees? Sorry for posting such a common question, but I can't seem to find a definition of unfair charges or a list of claimable ones anywhere; and I'm unsure whether the spreadsheet I looked at was current. Cheers! Edit: Regarding the Repayment Option Plan; I need to work out which plan I was on exactly - as I suspect I may have been charged the full amount. Furthermore, I am sure I made Vanquis aware that it was my health that had effected my ability to pay + work. The option of using the ROP was never mentioned or advised. Ergo, I paid for this and got zero benefit - and may not even have been covered correctly. It would appear that ID Protection is CPP, which has been disputed a few times on here I believe. In fact I believe they were meant to be contacting around 7,000,000 people around about now! Alas, I'd be surprised if they managed to send me a letter as I've moved twice since the original plan was taken out.. There's also an 18 month gap in their "Contact History"; considering it's fairly obvious that they did indeed contact me during this period - and the statement numbers and so on confirm that the account was active (and god knows they pestered me.) - surely this is an incomplete response, therefore not being binding under the DPA? It's a moot point, irrelevant if you like, at least as far as I can see, but it does strike me as incredibly peculiar. Apparently no contact between July 2011, and January 2013; yet there's even a one line memo mentioning a telephone exchange I had in 2012..
  7. Hi All, Had rossendales turn up at my house saying that they have a magistrates order for unpaid council tax to the sum of £650 ish with an extra £24.50 fee for him, I told him that I would look into this as I didn't beleive that this was the case and told him to politely go away, which he actually did before telling me that he would be back with a van in 7 days. I contacted the council and in fact was told that I did owe money but was only £120 as it turns out that my payments were being posted on my old account which they sorted out and I paid the £120.00. about 2 weeks passed and the same bailiff showed up asking for the full balance, I showed him the receipt of the payment of the £120.00 but he claims that I still owe £530.00 and his fees on top which is now £42.50 (2 visits). I told him where to go and said suggested that his office speak to the council as I don't owe a penny to them. Also told him that if he didnt go I would cal the police. He went but am still getting hand posted letters put through the door claiming they have a magistrates court order for £42.50 for unpaid council tax and fees and they will come back to take my goods..(would like to see them try as I have no CT arrears..) Can anyone tell me if I legally have to pay or are they just trying it on, I dont mind paying what I owe or have to pay but wont be bullied into paying something that I shouldn't. Thanks and sorry for the long post.
  8. today I received a call from my very distressed partner a letter had been posted through the letterbox from Marston stating that a final notice had been issued on behalf of HMCTS Gtr Manchester and that they will be returning this afternoon to remove goods for sale at public auction. They were asking for £485.00. He contacted the number at the bottom of the letter which was for the 'enforcement agent' who simply advised that unless he paid that amount today the HCEO would come round along with a locksmith and the police to force entry into our home and remove goods to the value. Now, the house which this letter has been posted is mine (I am a private tenant) and my boyfriend moved into the property with me in March 2013. The amount relates to a failure to provide information as requested by the council in relation to a council tax liability order for his old address. He lost his job in September 2012, couldn't pay council tax and buried his head in the sand. The court then issued a fine which has gone unpaid and then Marston have added on their own astronomical fees. I came home from work early as I was obviously scared about some random men breaking into my home. I contacted the local police, debt advice service and the enforcement agent who all stated as that they can force entry and its tough (the police were nice about it however). I contacted the enforcement agent later on and offered to pay the amount requested, she then gave us 1hrs grace to make the payment which I have now done and all action has been stopped. What I want to know is... 1) Could they have broken into my home to collect on his debt despite that fact that it is only me named on the tenancy? 2) Can I claim any of the amount I paid back? The EO stated that £185.00 was the fine amount, £85.00 admin & £215.00 'Attendance Fee' - no one attended. 3) All of the previous correspondence would have gone to his previous address. They must have traced him at my address but no notice was provided to allow us to come up with the requested amount - it was a hand delivered notice & that they will come back later. I am so shaken by this experience, how is this legal? it's only money at the end of the day!
  9. I have a Halifax One Credit card, the balance of which has been around £2400 for a year now, with me paying around £40 regularly, but not paying off any debt. I missed the payment by a week last time for the first time, but paid the amount, £38 a week late. now I have incurred a £12 late payment charge in addition to my monthly interest. This is the first such charge on my account. If people believe these charges are illegal, can I simply pay my next payment without the £12 charge and let the bank know I dispute the charge? Or should I pay it anyway and then argue about it? I have had this credit card since about 2010, and although I sent off CCA request today, I think it is likely the bank has all the documentation in order for a card that is relatively recent. If I stop servicing this old debt, how high can the bank take the balance? Eg the £2400 already includes mainly intereset, and if I don't pay can they add interest until its £10K and more, or do they have to move it to a DCA and stop increasing the balance at some point?
  10. Can anyone tell me when trying to recover pay day loan broker's fee less £5, does one have to wait 6 months before making the claim to comply with the bit that says they have to refund if you haven't taken a loan suggested by them in that time??
  11. Hi all, right lets go from begining. Bristow and sutor has started sending letters for £1800 council tax which we started making payments by instalments of £400 every fortnight. apparently we have missed and forgotten making last payment of £391 and month later they send warning letter saying we have to pay it otherwise they will visit. they came to our house few days ago but we didnt open the door and he put the letter thu with fees of £180. i have spoken to them and i told them we were about to make a full payment tomorrow (friday) but because £180 fees is ridicilous we will not pay it and they said thats because he came with a van to remove the goods and i told him there is no proof he came with a van and the charges are stupid and it should have only be £18. he has been here once but we did not let him in so he has no list of goods. he said we can make the payment of £391 tomorrow and the £180 fees next month. we are not going to pay £180 as its bit stupid. are the charges right ? what you guys reckon we should do ? thanks in advance for help.
  12. Hi There, I had some outstanding council tax (CT) which ended in a liability order (LO) being raised, I was unaware of court action (and have complained formerly to council), in the meantime bailiffs were instructed. Once I was aware of the LO I paid the CT and court costs in full, directly to the local authority. Their Bailiffs (Equita) now trying to charge £250, which is only slightly less than the debt council tax and court fees. The Bailiff only came to my house once before I paid, I was not in. Obviously did not actually collect the debt. From what I can see online, they can only charge £24.50 for a visitation, no idea what the additional cost is, I have requested a breakdown which has not been forthcoming. £250 is a 920% inflation on the above charge. My understanding is that the LO is for the CT and court fees, so once they have been paid in full, the LO is no longer valid / live. That being the case, I'm I right in assuming that they have no way to enforce their fees unless they take me to the small claims court?
  13. Hi, Sorry about this - I am not the most savvy when it comes to IT stuff. If I understand correctly I can apply to my numerous creditors to have unreasonable late payment fees refunded? Do I have to know what the figure is for each of them? Also I have seen in my wanderings around the CAG forum refernece to a template I can use to send off these requests but I seem to be having no joy finding it... can anyone paste the link for me? I appreciate any help. Mant thanks, Hx
  14. hi wanted to take out a car insurance with hastings direct filed in online form were it said no claims bonus i put in the years from my other cars policy which i still drive and was told i basically had no claims bonus for new car as it relates to old car so then they came up with a huge increase in premium £1100 which i told the advisor i would have to cancel because of this now they have taken £108.00 in admin fees out of my account have since got a insurance quote for £400 for same car they are a load of [edited] and they shouldnt be allowed to get away with it
  15. Millions of customers with NatWest and Royal Bank of Scotland (RBS) face new fees of up to £72 a year from this week for dipping into their arranged overdrafts. From Friday, current account customers with the state-backed bank will be charged a £6 a month "arranged overdraft usage fee" when they go over £10 into the red - on top of existing annual interest of 19.89pc. The rule changes also mean that the interest-free "buffer" which customers have on their arranged overdrafts will be shaved from £100 to £10. The move, announced in April, brings the bank into line with other big high street names, including Lloyds TSB, Santander and Halifax. Select and Select Silver customers with arranged overdrafts will be affected by the NatWest/RBS changes. These customer numbers are understood to be in the low millions, although not all of these people use their overdraft. Student and graduate accounts will not be affected by the charges, nor will some paid-for "packaged" accounts such as the bank's Select Platinum Account, Advantage and Royalties Gold Accounts and Black Account. http://www.telegraph.co.uk/finance/personalfinance/consumertips/banking/10169601/New-overdraft-fees-for-millions-at-RBS-NatWest.html
  16. Due to a judgement in default Last Autumn( I did not receive the court papers but that is history and now dealt with) I was visited by two HCEOs from the Sheriffs Office. They were extremely intimidating, blocked my driveway and went around the back of my house. They waved a sheet of paper at me and demanded immediate payment of the court judgement plus their fees. After making a couple of quick call I told them a family member would pay then over the phone but they refused. This meant we had to transfer the money to my account which took a little longer. Whilst this was happening they clamped my car (which I need for business as I am self employed) and kept racking up the costs saying that they had sent for a tow truck. I enquired why as I was in the process of getting the money for them. etc etc. I paid up and would now like to have a go at getting some of the fees back as I know they have taken me to cleaners. I wrote and asked for a breakdown of their fees and am attaching their reply.
  17. Hey all, Really panicking as I've been contacted by the dreaded DCA, STA International, regarding some 'alleged' outstanding tuition fees. Long story short, I attended Aston University from October 2008 to March 2009, which the full tuition was paid for that academic year. Upon leaving in March 2009, I notified both my department - who advised me to write a letter (which I did) - and the accommodation service, who refunded me in excess of £300 pro-rata for the rent I had paid up front (I have the proof of this). Following this, I notified the students loan company and tied up all the other loose ends. I then took up a place at another University in September 2009 and continued through and graduated. However, I recently started a new job in the finance industry and the job insisted on referencing Aston (this has been done before by my previous employer as well). Since then, Aston University has come back to me and stated that I now owe them £3,150 for the follow academic year of 2009/2010. I did not re-enroll for the second year as I had left the University and begun attending another one. In actual fact, I would not have been allowed to as I did not sit my Spring exams in the first year. What's panicking me is that my job credit checks all employees each month (part of our contract) and if I fail it, I lose my job. On the other hand, I don't have £3,150 to pay out just to clear the matter up, and that's if I did believe that I owed the money. Aston University are notorious for ignoring students and just plundering ahead, so I was wondering what I should do next - should I contact Citizens Advice Bureau? Should I advise the debt collection agency that this balance is under dispute? I intend to contact Aston anyway, however, I need to prevent this from damaging my credit file for the aforementioned reasons. Many thanks guys. B
  18. Hi I had a letter from Marstons a few months ago stating I owed an outstanding amount from a fine and marstons fees 82.00. I sent them a ltter asking why the fees are so high,and they just advised thats what the fees are,as from some time last year.I paid the fine immediatly but held back from the fees,as I beleived one letter from them does not cost 82.00. About 8 weeks on,i have just had a doorstop visit by the creeps and they have told me that in no uncertain terms that I now owe them 300.00.Pay up or they will take my car.. It was a saturday morn,I was a little intimidated and I paid....I am very uncomfortable and feel very angry that this has happened...arent I suppose to get a warning or letter etc.. any help will be greatly appreciated. Mjack
  19. I owed £1000 to bedford county council for last years council tax (this years is now DD) We recieved a letter at the begining of may asking us to contact the bailiff directly due to a missed payment to Jacobs, which ended the payment agreement. i tried to pay through jacobs website but it wouldnt let me, it just came up with a message saying 'ring the bailiff' I rung the jacobs call centre who said i needed to speak to the bailiff, , i rung him but got his voice mail so i left a message stating who i was and to contact me. I didnt hear back from him. A week later theres a knock at the door and the bailiff wants £1110. I explained that i didnt have that sort of money, im on maternity leave. He said that he could split it into three monthly payments but that was it. He also stated that he was having problems with his phone and wasnt always able to hear what his voicemail said which was why he hadnt returned the call. I managed to get £1000 together, rang the bailiff and managed to get through to him and payed him over the phone. The plan was to pay them the remaining £110 on payday this month (26th) However i received a letter today stating that they are coming to take goods to the amount of £110. I rang the office, spoke to a very rude guy who said you need to pay the amount and wouldn't listen to a word i said. I rung back and spoke to a lady who explained that as the bailiff had come to my door that i had to pay the £110. So all in all, Do i have to pay this £110 bailiff fee? even though he never stepped foot in my house and it was his fault that he didnt ring back? If he had returned my call i would have been able to pay him the £1000 that they were asking and it would have closed the account.
  20. Hi I'm new on here - don't know if this has been asked before. I had heard or read somewhere that it is possible to reclaim Royalties fees that RBS introduced. Years and years ago when I opened an account it was a basic account with card/cheque book and a small overdraft. At some point I don't know when, the account was moved on to the Royalties and amounts were coming out of the bank monthly for this, I never agreed to this and I certainly never ever used it., it was a waste of time I am annoyed that this money was taken from me over the years on something that was of no use whatsoever to me, Any advice? thanks
  21. Hi, To cut a very long story as short as possible. I took advise from a solicitor who advised that I had a case for breach of contract. started proceedings and won the case..... but "and here a big" BUT the defenders lodged a tender and the award - although I won the case is less than the tendor so looks like although i won my case im left with both my legal fees and theirs? is this correct? I have mounting debts now due to a change in circumstances and im worried that I will have to sell my home to pay their court fees. (ive been paying mine in stages) seams really unfair I suffered a loss and won the case yet because less than tender i actually loose more money. Im both physically and emotionally drained feel like giving up will i really have to sell my house to pay their legal costs? i appreciate any help or advice... feel sick
  22. Housing charity discovers almost a third of agencies were charging renters more than £400 to set up a tenancy, in addition to the deposit and rent upfront Shelter is calling for a ban on "out of control" letting agent fees that are forcing millions of tenants into debt The housing and homelessness charity says letting agents frequently demand hefty upfront sums to set up a tenancy, on top of the deposit and rent, with the average amount being £350 According to the mystery shopping exercise carried out by the charity among 58 letting agencies across England, almost a third were charging tenants more than £400 to set up a tenancy, with seven charging in excess of £700. This is in addition to the separate sum charged to the landlord by agents to find tenants and set up agreements on their behalf. Alongside the rising cost of rent, upfront fees are putting additional pressure on tenants' finances with a quarter having to borrow money to pay them in the past three years, while one in six had to cut down on food or heating to meet the costs, Shelter found. The charity wants agencies to be barred from charging "administration" and "holding" fees, "check-in" fees, or for credit checks. In some cases, these fees are non-refundable, even if the agreement falls through and the tenant is unable to move into the property. The Office of Fair Trading recently found that of 4,000 complaints made by tenants and landlords to Consumer Direct about lettings agents, a third related to fees and additional charges. It found that landlords and tenants are being "drip-fed" extra charges after signing a contract. Campbell Robb, chief executive of Shelter, said: "Letting agency fees have become truly out of control. When renters have to find hundreds of pounds in fees each time they move – on top of deposits and rent in advance – it's not surprising that fees are causing real financial hardship and, in some cases, preventing people from moving at all. http://www.guardian.co.uk/money/2013/jun/12/lettings-agent-fees-out-of-control-shelter
  23. hi, are "posted credit insurance fees" the same as "payment protection cover " !! on a SAR letter. thank you.
  24. Hi there, On the 23rd of May I stepped out of the shower and heard my letter box close, I ran to my bedroom window to see if I had missed a delivery and saw a man getting into his van. I thought it was odd as I can usually hear the doorbell, (i have a small child so i shower with the door open). I opened the window and asked if I had missed a delivery and he said no and got into his vehicle. on arriving downstairs I found a Final Notice from task enforcement for a traffic for London contravention. Now I do not wish to mislead you, I parked in the wrong place and ignored the letters I received. I am not trying to wriggle out of the ticket. I had no idea it had been passed on to bailiffs and from £215.44 it had gone up to 493.52 Six days later I woke up and came downstairs and found a letter again on the floor, no knocking, no doorbell. the amount had gone up £641.11 according to the letter. I then phoned the bailiff to ask how he can claim to be recovering a debt when he doesn't even knock on my door and was told that he didn't legally need to knock, that just like a postman he was delivering his message. I then called tasks offices and asked if this was true they could not verify. I then asked for a breakdown of fees as I was supposedly sent a letter out by them which I never received. Task then sent me out a letter with breakdown of their fees. Case received 26/04/13 £202 0.00 pre - enforcement letter 26/04/2013 £11.20 2.24 1st visit 23/05/2013 £56.73 11.35 Attendance 23/05/2013 £175.00 35.00 2nd visit 29/05/2013 £59.85 11.97 totals 504.78 60.56 565.34 Now this does not tally up with what was put through my door on the two visits, 23/05 being £495.32 and 29/05 being £641.11 Also i am concerned about this large attendance charge; as I believe that to mean he attended to remove goods, how could this be the case if he did not even ring the bell. I called the office today and asked what notes where on the system with regards to the call on the 29th and they read back my complaint about him not ringing the bell, so at least they are aware there was an issue before I received their breakdown dated 30/05/13. I guess what I want to know is where do I go from here and are his actions legal? Thanks Tia
  25. I am in a mess because of GE Money.I remortgaged with them in 2007 when a broker just cold called,I was self employed had never had a mortgage independently he proceeded to put down estimated figures for my income as I had only recently become self employed & had no books to speak of.He then encouraged me to take some extra finance on top for home improvements etc & advised as I was self employed not to have the Payment protection as it would not cover me & I received a letter confirming it was not in place.Then my business went under & within 12 month I was taken to court for arrears of just under £3000 & given a 48 hour suspended repossession order.There is so much behind all this but I wouldn't have enough pages to cover it all basically They constantly harassed me with phone calls & reduced me to tears all the time,I got where I daren't ring them.It was only when my bank manager looked over my statements a couple of years after court that she noticed PPI was in place & I had been paying it from the beginning so when I confronted GE they said I should have asked if I could claim on the PPI but why would I when I had a letter stating I did not have it.Anyway there is so much more of how they have ruined my life & due to the daily stress I am now registered disabled due to Cauda Equina Syndrome resulting from constant pressure crushing my nerves at the base of the spine.I am struggling to pay my mortgage now because of all the admin fees etc that are added every month,I did claim the PPI for the 12 month but that ended over 7 mth ago although they said I still have to pay the £33 PPI payments every month for the remainder of my mortgage which is 2o years even though it no longer covers me I aren't sure if that is right either.I am close to losing my home & haven't a clue what extra monthly charges,admin fees etc they are allowed to put on & don't know hwich way to turn.Any advice would be appreciated.
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