Jump to content

Showing results for tags 'whats'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums

Categories

  • News from the National Consumer Service
  • News from the Web

Blogs

  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location

  1. Hello all To cut a long story short had some financial issues and was taken to court by moneybarn for a return of goods order which they achieved, just received the court order in the post after a week or so but i need to know where i go from here. I have attached a copy of the order if someone could explain to me what my next steps are and im also very concerned about the £493.00 in 14 days as i do not have that kind of money many thanks steve
  2. SECTION 75 (Only) Protection when buying Goods using a Credit Card - Section 75 Claim By law, if you've spent between £100 and £30,000, providers should refund you if there's a problem with your purchase. But this vital consumer protection, known as "section 75" claims after the relevant clause in credit law, can be denied to customers, even after a refund has gone through. This is due to a little-known loophole that means section 75 claims can be reversed. Other borrowers complain that drawn-out compensation claims have left them without any goods or their money back under Section 75, due to the lack of a legal time limit when resolving claims. The Financial*Ombudsman*Service, which said it receives a significant amount of Section 75 complaints by consumers each year, said that even savvy consumers commonly misunderstand when they are due compensation. Common misconceptions include that you are not protected if you use your credit card abroad you are and that you must need to take the retailer to court before making a claim you don't. Your refund rights under section 75 Shoppers who use a credit card are protected by laws dating back to the Seventies, which apply to goods or services bought online, in person or over the phone. Under Section 75 of the*consumer credit*Act, the credit provider is equally liable with the provider of goods or services where there is a breach of contract or misrepresentation. When a credit card provider makes a refund, it is surprisingly common that it doesn't claw back any money from the retailer, essentially this is because the credit card company may regard it as more effort than it's worth. But what banks don't tell you is that any reversed transaction can be charged back, if a retailer raises a dispute. There is also no legal time limit for card providers to consider claims, meaning a Section 75 dispute can last several months.... or even years. However, in practice, as card providers are regulated by the Financial Conduct Authority, then they must respond to complaints in accordance with their policy. So if there is no response then it is best to raise the issue as a complaint to try to force a response. Many Section 75 claims turn into lengthy disputes - especially where it is difficult for consumers to prove how their purchases have failed to be supplied as promised. Section 75 Rules Under these conditions, the lender will have equal liability for misrepresentation or breach of contract by the merchant. Purchases must be between £100 and £30,000 Goods or services must be bought using a credit card - or any purchase involving pre-agreed credit, such as a point-of-sale loan or some store cards The amount of credit provided to the consumer towards the purchase must not exceed £25,000 There is no time limit to make a claim, but the statute of limitations is six years (five in Scotland) - the deadline for pursuing a claim in the courts Added rules around section 75 The retailer has 45 days to dispute a reversed transaction, and a further 60 days to gather evidence There is no time limit for card providers to consider your claim, although you can take your case to the Financial Ombudsman Service (FOS) after 30 days Claims might be rejected if there's no direct relationship between the borrower and the shop...if you pay money into a PayPal account, then buy an item and pay for it using the payment platform. Protection when buying Goods.pdf
  3. SECTION 75 (Only) Protection when buying Goods using a Credit Card - Section 75 Claim By law, if you've spent between £100 and £30,000, providers should refund you if there's a problem with your purchase. But this vital consumer protection, known as "section 75" claims after the relevant clause in credit law, can be denied to customers, even after a refund has gone through. This is due to a little-known loophole that means section 75 claims can be reversed. Other borrowers complain that drawn-out compensation claims have left them without any goods or their money back under Section 75, due to the lack of a legal time limit when resolving claims. The Financial*Ombudsman*Service, which said it receives a significant amount of Section 75 complaints by consumers each year, said that even savvy consumers commonly misunderstand when they are due compensation. Common misconceptions include that you are not protected if you use your credit card abroad you are and that you must need to take the retailer to court before making a claim you don't. Your refund rights under section 75 Shoppers who use a credit card are protected by laws dating back to the Seventies, which apply to goods or services bought online, in person or over the phone. Under Section 75 of the*consumer credit*Act, the credit provider is equally liable with the provider of goods or services where there is a breach of contract or misrepresentation. When a credit card provider makes a refund, it is surprisingly common that it doesn't claw back any money from the retailer, essentially this is because the credit card company may regard it as more effort than it's worth. But what banks don't tell you is that any reversed transaction can be charged back, if a retailer raises a dispute. There is also no legal time limit for card providers to consider claims, meaning a Section 75 dispute can last several months.... or even years. However, in practice, as card providers are regulated by the Financial Conduct Authority, then they must respond to complaints in accordance with their policy. So if there is no response then it is best to raise the issue as a complaint to try to force a response. Many Section 75 claims turn into lengthy disputes - especially where it is difficult for consumers to prove how their purchases have failed to be supplied as promised. Section 75 Rules Under these conditions, the lender will have equal liability for misrepresentation or breach of contract by the merchant. Purchases must be between £100 and £30,000 Goods or services must be bought using a credit card - or any purchase involving pre-agreed credit, such as a point-of-sale loan or some store cards The amount of credit provided to the consumer towards the purchase must not exceed £25,000 There is no time limit to make a claim, but the statute of limitations is six years (five in Scotland) - the deadline for pursuing a claim in the courts Added rules around section 75 The retailer has 45 days to dispute a reversed transaction, and a further 60 days to gather evidence There is no time limit for card providers to consider your claim, although you can take your case to the Financial Ombudsman Service (FOS) after 30 days Claims might be rejected if there's no direct relationship between the borrower and the shop...if you pay money into a PayPal account, then buy an item and pay for it using the payment platform. PROTEC~1.PDF
  4. SECTION 75 (Only) Protection when buying Goods using a Credit Card** - Section 75 Claim (** or any method of Finance covered by the Consumer Credit Act) By law, if you've spent between £100 and £30,000, providers should refund you if there's a problem with your purchase. But this vital consumer protection, known as "section 75" claims after the relevant clause in credit law, can be denied to customers, even after a refund has gone through. This is due to a little-known loophole that means section 75 claims can be reversed. Other borrowers complain that drawn-out compensation claims have left them without any goods or their money back under Section 75, due to the lack of a legal time limit when resolving claims. The Financial*Ombudsman*Service, which said it receives a significant amount of Section 75 complaints by consumers each year, said that even savvy consumers commonly misunderstand when they are due compensation. Common misconceptions include that you are not protected if you use your credit card abroad you are and that you must need to take the retailer to court before making a claim you don't. Your refund rights under section 75 Shoppers who use a credit card are protected by laws dating back to the Seventies, which apply to goods or services bought online, in person or over the phone. Under Section 75 of the*consumer credit*Act, the credit provider is equally liable with the provider of goods or services where there is a breach of contract or misrepresentation. When a credit card provider makes a refund, it is surprisingly common that it doesn't claw back any money from the retailer, essentially this is because the credit card company may regard it as more effort than it's worth. But what banks don't tell you is that any reversed transaction can be charged back, if a retailer raises a dispute. There is also no legal time limit for card providers to consider claims, meaning a Section 75 dispute can last several months.... or even years. However, in practice, as card providers are regulated by the Financial Conduct Authority, then they must respond to complaints in accordance with their policy. So if there is no response then it is best to raise the issue as a complaint to try to force a response. Many Section 75 claims turn into lengthy disputes - especially where it is difficult for consumers to prove how their purchases have failed to be supplied as promised. Section 75 Rules Under these conditions, the lender will have equal liability for misrepresentation or breach of contract by the merchant. Purchases must be between £100 and £30,000 Goods or services must be bought using a credit card - or any purchase involving pre-agreed credit, such as a point-of-sale loan or some store cards The amount of credit provided to the consumer towards the purchase must not exceed £25,000 There is no time limit to make a claim, but the statute of limitations is six years (five in Scotland) - the deadline for pursuing a claim in the courts Added rules around section 75 The retailer has 45 days to dispute a reversed transaction, and a further 60 days to gather evidence There is no time limit for card providers to consider your claim, although you can take your case to the Financial Ombudsman Service (FOS) after 30 days Claims might be rejected if there's no direct relationship between the borrower and the shop...if you pay money into a PayPal account, then buy an item and pay for it using the payment platform. Protection when buying Goods.pdf
  5. Hi all I need some advice, I want to pay off all my debts. Background :- I have around 5 debts One is statute barred so I wont worry about that one Two others I am paying off weekly or monthly but will take about 8 years with what I am paying Two the judge ruled I had to pay but I have not paid anything for 2 years and not been chased for payment either. One of them includes a charging order on my house. Can I get this removed if they settle for an offer? My circumstances will be different in around 6 weeks time when a large sum of money will be available to me. So the question is this :- Do I get a balance owed for all my creditors then send them a full and final offer? I have had previous letters for 50% discount. What do I offer to pay them? Can I get a CCJ cancelled if I pay them areduced amount. Basically I want to get it all paid off so I can start fresh so any help would be appreciated. I dont know if this is right but I remember seeing something somewhere that if I sent the same offer to all my creditors and most of them agreed then the others would have to agree as well? Is that right?
  6. Hi guys A little advice and guidance needed. Some years ago our neibour spoke with us stating that a builder she knew stated the chimney needed re-pointing and offered to go halfs with us to keep cost down which we did however only half the chimney ( Our half ) was done we discovered that whilst she gave him the go ahead she chose not to have her side done which was just crazy. skip to present day and I had a builder friend doing some ridge repair work on our roof and he asked me to loan him my phone and he proceeded to take pictures of the chimney stack he then informed us that the chimney as it stands is unsafe and ready for a good gust of wind as due to the fact that next door have not had their side of the chimney re pointed it has affected the stability of the stack. He has given me a really good quote for the work which I'm happy to pay but not for doing her side. I need to chat with the neibour sharpish on this however should she decline to pay her share and the stack does come down where do I stand as I will have given her the opportunity to rectify this now in advance. How to go about this?? Cheers
  7. Hi, My ex (the mother to my son) has run away to Scotland (about 4 months ago) and left him behind with me and my girlfriend. We had a signed agreement (witnessed by a solicitor) that after a couple of months of moving up there she would pay £100 a month towards feeding/clothing/school etc, she paid twice then went silent, completely silent, doesn't even ring to speak to him anymore. So i got the CMS involved, I paid the extra to have it done as a collect and pay, as historically she has been bad with money. I know she was working as of two weeks ago, and had been up to that point at about 40 hours a week, but the CMS have claimed she should only pay NIL per week. I have the right to appeal, but I just want to know how? It might sound stupid and there is instructions on how to do it etc, but, I don't want to miss anything with this possible one chance to appeal and get it started. Can anyone advise on how and what to ask for them to do etc? I can't talk to my ex and I don't have anyone near her to see if she is working, but I'm almost positive she is, which is why I'm quite surprised they have come back with NIL. Cheers.
  8. Hi, I was recently convicted of benefit fraud, during my case my prosecutor kept making personal attacks against me. I made the mistake of letting the court know that I suffer from sever social anxiety and can't handle confrontation. it made me suspicious as to why he would do this when a piece of evidence that he told the judge of how much I had illegitimacy received over the time period of my claim I calculated there was an error in the numbers. When I applied for benefits I let the job center know that I had over the £6000 limit in savings, so if my national insurance contributions had run out there was no way I could have received £70 a week. I tried to tell my solicitor, but because the prosecutor heard me try to tell my solicitor of the error, the prosecutors abuse escalated causing me to turn in ward and not be able to think. I was only latter that I realised that my solicitor had not been provided with this information when I looked through the evidence that was supplied by the investigators. I believe that this infringes on my human rights to a fair trial. This was also not the only problem with my case. When the DWP decided to pass my case on to the crown prosecution service, it took another 10 months before I was called into court to answer charges and have a court date set. It took another 3 months for my trial to happen, but my trial was canceled because the prosecutor had scheduled another trial on that same day that over ran and my trial date was pushed forward another 3 months, when I heard of the error in court my time limit of 13 months to appeal the DWP decision had run out. I have tried to appeal through the tribunals but the judges are not interested in hearing what I have to say and just tell me my time to appeal has run out. Does Social Security Administration Act 1992 s116 (2) apply to my case and could you tell me of any other laws or decision that could help as there as been gross abuse of process. I can no longer find work in the area I am educated in, can you help, my situation has become very desperate. Thanks, suffy
  9. this could be a very stupid questions but I notice on my CRA files some loans/debts show as settled whilst others show as satisfied. Which is better? I ask as I have an aqua card debt I need to pay and want to request a full and final settlement figure but part of my request is also asking that the debt be shown as nothing else owing on it.
  10. Hi all, today I have received 2 emails 1 for my natwest account the other for my rbs account - both saying the same thing "We're really happy to let you know that from 5th April 2016 we'll stop charging unpaid transaction fees on your Basic account. You're charged unpaid transaction fees when you try to make a payment but don't have enough money in your account to cover it. We normally charge £6 for each unpaid transaction (up to £60 for each charging period). The good news is from 5th April 2016, you won't need to worry about this". Has there been a problem with these charges then? Is that why they are removing them?
  11. Bailiff To Recover Big Windfall From Auction "A firm of bailiffs which recovers unpaid debts on behalf of the British taxman is eyeing a bumper windfall as it prepares to be sold by its private equity owners." Read more here http://news.sky.com/story/1546167/bailiff-to-recover-big-windfall-from-auction Is Marston being bought out? wow could be interesting original story via LACEF (Scoop) http://www.scoop.it/t/lacef-news
  12. Hello Everyone, I hope this has gone in the right thread Im really hoping for some great advice here, - Although i'm confident i will receive it, Im writing on behalf of my sister. Here is some background information which will help picture our crisis. My sister is 27, a qualified staff nurse, caring, loving and kind.She has fibromyalgia a chronic widespread musculoskeletal pain and fatigue disorder When she first started nursing she was put on HDU a high dependency ward, A highly stressful ward when first qualified. In time my sister became depressed and was put on anti-depressants, But also moved wards to somewhere she was happier.She was on these for 5 years, In between this she had a long term boyfriend, Whom she loved very much and was her one and only boyfriend so never knew any different. He cheated on her 3 times She found out and left him, Then when she was at a low ebb he wore her down and begged for forgiveness, This went on for a year until she finally gave in. Whilst they had been apart he had found another girlfriend who became pregnant, My sister accepted the child and they were ok for around a year or so, Until she read through his emails and found out he had been messaging and meeting tran-sexuals. This obviously devastated her, she questioned his sexuality and couldnt understand what was wrong with her. She had to go for all the sexual health tests, saying thats she felt dirty and that no one would ever want a relationship with her again as he had passed herepes on to her. In November 2014 she was signed off sickicon due to the fibromyalgia and trauma she had just suffered. She was put on Sertraline antidepressants. as well as this she was also take Amitriptyline, for pain( but is also used as an antidepressant) Zopiclone as she had trouble sleeping, gabapentin a painkiller used for the nervous system, and Diazepam. 2 months ago she came out in an angry rash on her face, She went up to A and E with my mum, Whilst waiting to be seen she fainted, and banged her head that hard she was knocked unconcious. Her mental state has since got gradually worse and we now have the crisis team coming out regular with a physiatrist who has now diagnosed her with hypomania, and was very close to being sectioned if it hadnt have been that my parents are both at home every day. Her mood fluctuates between aggressive, emotinal and manic, She often wanders off without telling anyone and is a danger to herself, She is very confused and cannot be left alone. You cannot have a conversation with her because they are so random you cannot make head nor tail of them. She is still off work now and it has been 7 months. She is too poorly to go back to work but The hospital are pushing and pushing and now has a final meeting on the 22nd june for a final outcome as to what it to happen, My parents have not told my sister this yet, but she wouldnt be well enough to attend this anyway. Her sick pay has now reduced to £81 a week and she cannot afford to live. She has a large amount of outgoings that need to be paid for, She is still living at home with my parents but they are both self employed with very little income coming in to this house. My parents outgoings are around £1,200 a month and my sisters the same. Here are my sisters outgoings Credit card with Barclaycard £160 a month-* Due at the end of June Credit card with halifaxicon - £130 a month Overdue by 2 weeks car finance payment £110 ( Due the next fortnight, Taken over 4 years with Black horse. 1 year owned. Gap insurance for the car and service plans £60 due around the next fortnight Phone bill 02 £40 month RCN ( royal college of nursing payment ) £20 monthly Due in the next fortnight Tesco bank Loan £300 Due in the next fortnight Halifax bank Loan £300 Due in the next fortnight Overdraft £1,200 Santandericon So in a nutshell If you could help with the below questions i would be so grateful, As i really want to help my parents and sister but im not sure where to start. 1: What rights does my sister have with regards to her job as a nurse? Can the NHS sack her? 2: What can be done about the incurring payments due to be paid with credit cards, loans, finance etc can be done? I really appreciate your time taking to read this and any help would be so gratefully received. If i have missed any information out that would be needed please ask.
  13. Hey, Just looking though my credit file and there appears to be some records on there for both Lowell and Capquest which I really don't recognise. Whats the best way of dealing with this ? is it a CCA first to gain a copy of the agreement or have I got the terminally wrong and is there something else that I need to be doing first ? Thanks Scott
  14. Can anyone identify the film from the plot below? The story of a handicapped boy, who's mother and siblings were brutally murdered in front of their home. In a twisted turn of events, he is abducted by a masked man and is held prisoner in a dentist's office. The story tells his father's journey to find him as he chases the kidnapper thousands of miles with the help of a mentally disabled woman.
  15. Hi anyone else recieve a letter from virgin about changing billing dates? below is the text from the letter . they now want me to pay in advance for my services and according to their website it doesnt give me the right to opt out of the contract without paying fees . Anyone with any thoughts ? I cant really get my head around it , and they say they are doing it because some of their customers are confused, I think lots are going to get confused. We wanted to let you know about some important changes were making to the way your billed .Please take a few moments to read this letter so you know what to expect Were always looking to improve our service, so in October we are making some tweaks to our billing system that simlify the way it works Some of our customers tell us they find it confusing that their billing date isnt the same day they get their monthly allowance of minutes texts and data. With our new system were able to bring these two dates closer together , and hopefully make things more straight forward. First things first you wont pay any more for your package than normal but you will have a new billing date . This means your bill will arrive earlier than your used to, and will continue to arrive on ( or no earlier than ) this new date in the future. So you can see exactly how the change affects your bill in the next three months have a look at this table Allowance date 30 sep 2014 31 oct 2014 30 nov2014 Earliest bill date 10 oct 14 2 nov 14 2 dec 14 direct debit 24 oct 14 14 nov 14 16 dec 14 I wasnt confused before this but now I am This is their FAQS on the subject BILLING All you need to know about Billing Bill Change FAQs 1. I still don’t understand why my bill dates are changing, what does it mean to me? Billing isn’t very exciting, but it doesn’t have to be confusing. In making the change to our billing systems, we are going to improve the way it works which means you will find it easier to know when you're allowances are added and when you’re billed for them. It’s a one-off change that we think will make things a bit simpler. 2. What is an allowance? Your allowance is how many inclusive minutes, texts or data that are included in your tariff. It’s easy to keep track of what you’ve got or how much you’re using. 3. Why are you making this change now? You’ve been telling us that billing isn’t as straightforward as it could be and some of you find it confusing as things happen at different times. So we wanted to take the opportunity to make the change as soon as possible. 4. What if I don’t want my dates changed? Can I undo it later? Unfortunately not, but if you need to discuss this with us, one of our agents will be happy to discuss it further and see if we can do anything as an exception. 5. What happens if I change my tariff or upgrade? If you change tariff or upgrade to one of our SIM Only packages after we’ve changed your bill date, the date your allowance gets added will change again. Don’t worry though, we’ll tidy this up by the end of this year without moving your bill date again.If you upgrade to anything else like another contract, it won’t. 6. Why am I being billed twice in a month? Currently your bill date and refresh date have a significant gap between them. As we bring them closer together, this means that your bills will be produced in quicker succession so you may therefore get two bills and two direct debits in the same month. Don’t worry though we’ll only do this once 7. Are you allowed to do this, do I have the right to cancel my contract without penalty if I’m unhappy with the proposal? From time to time we need to make changes to improve the experience all our customers get. If you were unhappy and wanted to leave without early termination fees that wouldn’t be possible. We’ve tried our best to give you the maximum warning to reduce any impact from this change and in some cases can discuss alternative solutions if there are no other options. 8. Is there any chance of a delay to when you make the changes, how will you let me know in advance? Any delay is unlikely, but we would take steps to tell you by SMS if anything changes 9. Do I need to contact my bank if you’re moving my Direct Debit? No, you won’t have to do anything, we’ll take care of all the details. 10. Since you’ve made the change I have two direct debits taking in the same month which I can’t afford, what happens? If you find yourself in that scenario we’ll do our best to help by giving you longer to pay. 11. What is a refresh date? Will this change too? Every mobile customer has a monthly date where your allowances are refreshed. This helps you track how long you have to use your voice, texts or data. Nothing changes, we’ll just be bringing the bill date closer so its all aligned around a closer period. 12. Will the change affect any promos or discounts I have? No. These will remain on your account as normal. 13. If I receive two bills in a month will I pay more than I normally do? No. You will receive two bills in a shorter space of time. Both will have a charge for your monthly allowance and any charges outside of this e.g. charges for using your phone abroad. 14. Will I get pro-ration on my bill? No, you will not receive any pro-ration on your bill. 15. Why am I getting two bundle charges on one bill? Some customers will experience this because you're bill date is being moved later so you will be billed as we apply your next bundle i.e. you will be paying for it in advance rather than in arrears. Therefore, for one month only, you’ll pay for two (the one from the previous month and the one for the following month).
  16. had two loans that I paid for 3 and 4 years respectively and like so many more discovered a big chunk of my payments had been going on PPI , one had been miss-sold because I was self employed and could never have claimed under the terms of the policy and the other I had refused but they added on anyhow. Calculated what my position would have been had all my payments been coming off the capital and concluded that one was definitely cleared and the other had possibly a few hundred outstanding. contacted the companies and got into wrangles with them that went nowhere. Then lost my job and couldn't have paid anyhow. I did at that point try claiming on the policies just to see and sure enough neither would pay a penny. told both companies to clear off unless they could provide me a calculation proving that I owed them money. Then the crash happened and these banks were sold and resold and then the loans were sold and resold. Now I have Mickey mouse Kapital and Road runner Kapital claiming to own these loans and with even bigger balances and have registered defaults for these big sums. They hire a new debt collector each month or so and sell on the data every two or three months to "some other Kapital" 1. Should I just keep ignoring them till it is statute barred in another few years? 2.Should I challenge them to prove the debt or remove the defaults and sod off 3. Should get back the PPI give them half it as a final offer and draw a line under it? Any suggestions?
  17. I received a letter from one of the debt companies that have taken over a debt I had for £165 they offered me a settlement payment of £50 so I took this offer and I have paid the £50 The guy I spoke to was rude and very unhelpful! He told me that this account would show up as Settled instead as Satisfied .. If I were to pay the £165 then it would be satisfied, he then went on to ask me a number of questions as to why I could afford to pay £50 but yet I can not pay £165. So I am wondering what the difference between Satisfied & Settled is ?
  18. 1st the weird letters and news following incorrect defaults now this http://www.bbc.co.uk/news/business-27321589
  19. I really dont know where to start here but i will try and explain as best i can. The main reason for the post is to find out if the repossession is legal which is only the tip of the iceberg here. A financial adviser is contacted to source funding for a small residential development. The adviser contacts a company who happen to be a broker. The broker sources funding from a lender and charges £1,000 app fee. The application is made to LENDER which was successful, no issues. The name of the company at the top of the facility Letter is lets say "The Lender" There is no address or contact information of any kind within the contract other than the name of the company at the top. As the contract was to release the funding in stages, the first stage was released and work carried out to complete all underbuilding work. Not further funding was released after this due to the lenders demands outwith the contract. One thing led to another and the issue was unable to be resolved. The lender decided it was time to both serve a calling up notice and subsequently a court writ to repossess the partially developed land. This is where things start to open up and i find out who is who The issue is that the pursuer is a Limited Company, the same Limited company that the broker was a trading name of, effectively what this guy is saying is, the broker and "The Lender" were both trading names of the Limited Company- How was i to know that when the Financial Adviser requested £1,000 app fee payable to the lender and also there would be a £1,500 fee payable to the broker for sourcing the lender? Effectively it now looks like the Director of the limited company not only charged me to find the lender but HE was the Lender. Now, to make things clear. The Limited company using the two so called trading names had a Consumer Credit License (Legal Formation: Body Corporate) (Nature of Business- Mortgage Broker) (Category-Credit Brokerage) this is very clear from OFT. "The Lender" also had their own CCL as a separate entity,(Legal Formation: Partnership) (Nature of Business-Mortgages) (Category- Credit Brokerage and Consumer Credit) this is very clear from OFT. "The Lender" from the mass of information i found out about them has been a Partnership company for many years but the Limited company who is pursuing the repossession has only been set up for over a year. I am of the thinking that, as nothing mentioned in the contract about a trading name of the Limited Company (which would be a breach of the Companies Act) if it were the case. The limited company did not hold any CCL to be a lender. The Partnership was established at least 10 years prior to the Limited Company being set up, and most importantly, there will be litigation against the lender for breaching the contract it is simply a move to limit the liabilities to the Limited Company that seemingly does not much in the way of liquid funds. Another slight twist is that, the broker and lender have no association whatsoever with the Limited company now they are now trading names of two other Limited companies this guy has set up and the CCL status of all companies is that they are Mortgage Broker NO MORE BEING A LENDER! Again, just to add a little spice. the three individuals who own the Partnership/Limited companies have between them Dissolved over 40 companies within the last 8 years or so. Should it not be "The Lender" named within the contract pursuing repossession. Should i be suing a company not named on the contract and also unauthorised to lend? As i mentioned, this is the tip of the iceberg, Thanks in advance
  20. Hi could someone please explain the difference between LPA & Fixed Charge Receivers? Have recieved a letter from the LPA receivers solicitor refering to the fixed charge receivers. Have ust read that LPA receivers are incorrectly refered to as fixed charge receivers but it doesnt explain the difference. Any help would be appreciated thanks.
  21. I took out a Unsecured Personal Loan with Halifax online in December 2011. I was NEVER asked questions like, can you afford the payments, are you employed/unemployed, and I certainly was not asked about my income. This have got so bad I am currently on an IVA - Halifax increased the IVA from 5 years to 6 years forcing me to pay for longer. I am now wondering if bankruptcy is the best option. Do I have a claim that Halifax lent to me irresponsibly without going through my finances first?
  22. hi there got a bit of a thing here. Recieved a letter last week from a company called pace forward which was an address conformation letter didnt do anything about it just put it to one side. Today i recieved a letter from rockwell telling me they have been instructed be their client arrow global limited (never heard of them) about the above account(ill come to details in a min). Apparently arrow say my debt is suitable for litigation. Rockwell want payment in full in 10 days but if your unable to pay give us a ring. Now i turned the letter over and noticed that cheques are to be made payable to fenton cooper. A quick search linked fenton cooper, rockwell and pace forward to tessera credit services. No idea who this arrow global are though. Now the thing is arrow global say i owe them just over 6k and the original lender was mbna. I do not disupte that i owed mbna this amount of money i just dont understand why arrow want it off me now when in 2009 i went bankrupt and the mbna debt was part of the bankruptcy i thought that going bankrupt was the end of it all oh i was discharged in 2010. What id like to know is does anyone know what arrow are trying to achive with this also they must be extremely stupid to buy a bankrupt debt.
  23. Hi All. This morning I got my final decision from the Ombudsman after the file was passed beyond a case worker. The FOS have rejected my claim which I feel is a no brainer and has left me a bit confused about the whole FOS purpose, as the company are recorded giving false and inaccurate information. I have all recorded calls which proves beyond doubt a loan I had was sold to me with features which do not exist and also using expressions which lead me to believe the loan was fixed rather than variable. ie them using words like "remainder" and "thereafter" in relation to monthly payment amounts. The FOS have said as I have signed the agreement, the fact the advisor failed to mention in EVERY call the loan was variable and did not point out payments could go up or down was okay. The FOS seem to think they did not need to mention this. The FOS have failed to comment on why the adviser told me I could over pay each month when this is not a feature of the loan. Almost as if they have not read my complaint and listened to the actual recordings. It seems they are just relying on the signed agreement. I can imagine its easy to sound hard done by here, but the recordings are so clear in what was said and what was omitted I need to know what the next best step is in order to ensure the recordings are listened to and justice is done. Does anyone know if am I best employing a solicitor or just going down the court proceeding route myself as it is so black and white the incorrect information sold to me and the numerous breaches of the CCA and OFT rules. This really is not just my imagination but the FOS rejecting my claim has left me confused. Thanks in advance for any help and pointers. RP
×
×
  • Create New...