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Found 18 results

  1. Hi there, I emigrated to SE Asia in 2006, and returned with my family in 2015. Before leaving I had been self employed, and on our return went self employed, notified HMRC and started Self assessment again. I have just received a letter from HMRC stating that I owe nearly 2K in tax and penalties for the years 2006 to 2012, much of which is for non rendering of returns. I can only guess this is a response to my notification that I am back...although this was done nearly two years ago. I did tell HMRC in 2006 I had emigrated and did not receive any returns posted to my address for many years. I have done a SAR online today,and written to them asked for more time whilst waiting on this, but is there anything else I should be reading up on in the meantime? Any other sage advice gratefully received. Many thanks
  2. Hi, long time no post. asfaiwa my finances were now in a good place. I got a massive shock when I did a credit check on Experian two days ago to discover that a debt originally defaulted by Monument back in 2006 was now showing as a default to Arrow Global. This case was dealt with by the court around 2006 who agreed a payment of £1 a month to Arrow Global who had purchased the debt from Monument, and I set up a standing order for £1 a month. I was also paying £10 a month to Arrow Global for an RBS debt. In July 2015 the £10 a month payments stopped as the RBS debt was paid off. I can find no records of any £1 standing order payments to Arrow Global for the Monument debt since 2010 (as far back as my bank records go.) In November 2015 standing order payments for £1 a month started to Capquest, who had apparently bought the debt from Arrow. The first one was £5, (coincidentally 5 months after July 2015 ie 5 x £1 payments), going down to £1 a month after that. Arrow say they never stopped receiving £1 a month payment from me and that I had been paying by order book. I have no recollection of this at all and have no order book with them, nor any memory of cancelling the standing order to Arrow for £1 a month set up years ago, and no memory of setting up a payment with Capquest for £1 month in November 2015. Arrow then informed me that when they sold the debt to Capquest, I defaulted, and the default date on my credit report dates back to November 2015, long after the original default date with Monument. I didn't understand what was going on (I still don’t) and asked if there was any way the default could be removed. Their representative told me it was against the law for them to remove defaulted entries from CRAs. But the default shouldn't be on there in the first place, should it? It is my understanding that defaults should date only to the date of the default with the original creditor. Is this correct? Now, thinking that the Monument debt had been well and truly dealt with I (mistakenly, shoot me now ) chucked out all my correspondence with Monument a few months ago during a filing session. Ditto Arrow Global and Capquest. (yes I'm an idiot. ) I then rang Capquest who confirmed they started receiving £1 a month from me in November 2015. So why the default? Because, they said, I'd defaulted when they bought the debt from Arrow. Taking them at their word I asked for them to suggest a settlement figure and they took a list of all my incomings and outgoings and said they'd pass on my details back to Arrow for them to see if my settlement figure was acceptable. I suggested £500 on a £2,300 original debt. But once I got off the phone my husband said to me that something was fishy about all this, and that's when after discussing it we realised that the default shouldn't even be showing on my credit file. Both Arrow Global and Capquest were insistent that I'd defaulted when the debt was transferred from Arrow to Capquest. So what do I do? This has caused me untold stress and completely ruined my otherwise squeaky clean credit record. Gutted.
  3. Any help would be appreciated. I am trying to establish whether my solicitor has acted negligent by not following the pre-action protocol in respect of a Disrepair claim which has now been settled, after 6 years of my local council denying liability under the OLA 1957. I had an accident during the period where liability was being disputed but my solicitor is claiming that he did not have the funds to pursue a PI claim but never advised me on this, and on checking the pre action protocol under Disrepair claim there is reference that would suggest that in any event, a claim for PI arising from a Disrepair claim could and probably should have been made by a qualified legal representative as the Disrepair procedure makes reference to a PI claim if an injury has occurred because of the disrepair, in this case a out-house flooded everytime it rained.
  4. Name of the Claimant ? Cabot Financial (UK) Limited Date of issue – 31/10/2015 What is the claim for – The Claimant claims payment of the overdue balances (set out below) which the Defendant(s) have failed to pay as required under contracts with the following particulars acc no XX9 and acc no XX0, between the Defendant(s) and Halifax dated on or about Jan 30 2006 and Jan 13 2002 respectively. The contracts were assigned to the Claimant on Aug 31 2012 and Aug 31 2012 respectively. PARTICULARS – a/c no XX9 a/c no XX0 DATE ITEM VALUE 01/09/2015 Default Balance 8500 01/09/2015 Default Balance 7500 Post Refrl Cr NIL TOTAL 16000 What is the value of the claim? £17000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? 2 Credit cards with the Halifax When did you enter into the original agreement before or after 2007? Both before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Account assigned to Cabot who issued claim in October 2016 Were you aware the account had been assigned – did you receive a Notice of Assignment? Unknown Did you receive a Default Notice from the original creditor? Unknown Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Ran out of money so stopped DMP What was the date of your last payment? June 2014 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, I was in a debt management plan from 2008 to 2014 I submitted my defence in November 2015, as follows :- “The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. The claim is denied with regards to two amounts due under two agreements. On receipt of this claim I requested by way of CPR 31.14 and Section 78 of the Consumer Credit Agreement Act 1974, copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my Section 78 requests and remain in default with regards to my CPR 31.14 requests. Both requests were delivered by recorded post and signed for. The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreements; and (b) show how the Defendant has reached the amounts claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; (d) Show how the agreements were legally terminated to allow the claimant to request relief. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Agreement Act 1974. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. “ Yesterday, almost a year since I submitted the above defence, Restons have written to me threatening to Strike out my defence. A Credit Card Agreement photocopy from one of the Credit Cards has been attached to their letter, as well as a thick wad of computer printouts. RESTON OCT2016 PAGE1.pdf RESTON OCT2016 PAGE3.pdf RESTON OCT2016 PAGE2.pdf
  5. Hi I made a complaint to the financial ombudsman regarding the charges that this company had applied to our mortgage. (we are no longer with this company). The ombudsman have come to a decision that SPML must pay us 1500 pounds by the 28th August. SPML have not complied with the ombudsman when they have requested any paper work connected to our old mortgage. I dont think that they will pay up by this Thursday, so what will happen? will we have to take it to court? Can the ombudsman step in or because they ahve made a final decision is this as far as the ombudsman will go? Has anyone else been paid up when the ombudsman has dealt with their complaint? Thanks
  6. Hello everyone, I would like to thank all caggers for all the advice given previously... It is a big relief knowing that there's people you can run to for advice at times like these. my new questions regarding CCJ on old credit card debt That's been passed around to different DAs over the years is now Been recorded at Northampton Business Centre 2016. The debt was originally More than credit card... in 2007_08 I run into difficulties It is one of many that's been filed on my credit file which I believe ended 2 years ago. (After 6 years)...great thanks from all the adviced and help from all Caggers. The new solicitors who dealt with the debt applied to take me to court last summer Which I immediately replied online via MCOL? I disputed (as adviced by chargers) To ceased collection until they can provide an original CCA agreement. All they can produce was a type written statements and not a original signed Agreement? I kept the email as proof, they did not reply from the template. I did not hear about it again until early this year WITH a letter of CCJ granted by Northampton? I have immediately requested a form for Set Aside ccj? My question is...Will judge Grant me to set aside? Debt £800 now £1000. I have paid token payments for 2-3 years on all my debt from previous DCAs including The above. But then it went quiet every time a send for CCA requests. I did not pay anything for years to this debt. Then last year new solicitors tried to take me to court? No CCAs reply just 're constructed... At the moment I would like the ccj off my credit file by any means.. .as that horrible stomach Churning make me sick again. ..all debt was cleared off after 6 years. And then this happened. It took me years to make good of my credit rating then out of the blue a CCJ... Any comment or advice will be highly appreciated. Thank you in advance... Set aside? What happens with ccj if granted? I have 1 month to deal with this new problem 9 May 2016. Thanks X
  7. Please guys could you help me to try and manage the situation that I have 14 days to sort out or be threatened with alleged Court ACTION. 1st Credit have sent me a threatening letter stating that a debt they bought from Barclaycard in 2006 needs to be paid or Court action pending. I have no recollection when I made a payment towards this debt and am not sure what I should do. ## Please advise what would be the next step as I have only 14 days.
  8. Dear friends, I have checked my Equifax and Callcredit report’s in the last few days as I know I have some pretty bad looking marks relating to a Barclaycard I had a good number of years ago, I have learnt from the error of my past and have had a clean credit file for the past 5 or so years. The Barclaycard was not managed well by me (I moved address in 2008 after graduating, got a new job and got married all simultaneously and did not inform Barclaycard during this busy period until 2010), although I never defaulted just had a large number of late payments, I am really upset about not being more proactive at the time as now I would like to get a mortgage and this is really holding me back. My main issue today is that Equifax are showing inaccurate Barclaycard data going back to 2006, and I only want it to show the most recent 6 years (going back to 2009). To get a better understanding of what actually happened I will explain my Callcredit/Noddle report first as they have reported the Barclaycard entries correctly: Jan – Jun 2009: To explain, I fell behind on payments in Jan 2009 & lots of fees were added by Barclaycard until June 2009 when they took money (minimum payment amount) from my Barclays current account to offset against the Barclaycard balance hence, a green mark in June 2009. Jul 2009– Mar 2010: Then as they added interest and more fees (from Jul –Mar 2010) this pushed me over my credit limit again until March 2010 when they again took money from my Barclays current account to pay the full balance on my Barclaycard. Apr 2010 – Mar 2012: I assume they kept the account open until March 2012 which is why I have a number of green payments for this period. Equifax Report: Right now my concern is my Equifax report. This shows a number of errors for Barclaycard, and frustratingly they are also showing inaccurate data going back to 2006: I only really want the most recent 6 years showing (from June 2009 onwards) as I don’t see why they should be holding data on record which is way older than 6 years. As they have recorded the payment markers incorrectly, if the report would show only the most recent 6 years then I wouldn’t have any late payment markers showing which is what I am hoping to do however, in reality it should show like the Noddle report with late payment markers in 2009/2010. I would like to find a way of asking Equifax to update my Barclaycard records to only show the most recent 6 years (green markers from 2009 as above) without worrying about Barclaycard reporting the correct dates (late markers) to Equifax and Equifax amending their report. Is there any way I can do this? Do Barclaycard still have the authority to ask Equifax to change the data even though it was so long ago, or do Barclaycard have to report it within a certain timeframe? Is there any way I can ask for the whole record to be removed due to the incorrect entries/dates? Should I approach Equifax or Barclaycard as I would like to try and get this done as soon as possible as I have seen a house I would like to buy? I apologise for the long post but its the only way I could explain it due to the complications, any help is really greatly appreciated x Imogen
  9. Hi all I am looking for some advice re GE money and a repo hearing set for 20 December 2013. They are trying to reposess for the below reason 1) A warrant of execution shall not issue without the permission of the court where – (a) six years or more have elapsed since the date of the judgment or order; There was an initial hearing in May 2007 and then another in May 2009, since 2009 all payments as ordered by the judge have been made. GE money have continued to apply a £40 admin charge and additional interest costs each month. Despite them refunding me some of these charges, sending me someone else's information and then offering me £50 because of it ( i declined their £50 offer). My monthly payments are 402 i pay 500 each month but because of all the charges my arrears have only reduced by about £59 in all this time. Can someone please tell me are they able to do this even though i have made all payments as ordered in May 2009. They tried to repossess without a hearing i completed an N244 and sent it to court. What do or can i do to stop this! It now feels like i have struggled for years paying them and now they are going to take my home when i only have 3 years left with them! Any guidance would be greatly received as i can't let them get away with this :mad2: P.S sorry for the length of this post
  10. For full report - http://www.expressandstar.com/news/uk-news/2014/08/14/repossessions-at-lowest-since-2006/
  11. Hi, hoping someone can help. I was contacted today on the phone by the student loan company telling me I was overpaid £180 in 2006, the last year in which I was a student. First, I told them that they should send me all the information by post as I will take nothing they say over the phone. They claim they have sent me numerous letters since then but I changed address in 2006. They said it was not their responsibility to send any other information and contact student finance. At the same time they said that they had been informed off this overpayment in 2006 but could not explain why it's taken until now to do something about it, especially when they got hold of me over the phone straight away. Lastly, they said they would send the bailiffs if not paid ASAP. When I contacted student finance I was unable to pass the security test as I cannot remember or do not have some of the details they require. So it's been left an impasse until I can find a way to get the info. What worries me about this is - that it's taken right years for this to kick off without it getting any further. - the threat of bailiffs even though no one can tell me what this £180 is for. - the reluctance to send any more info. Can they do this? Is it legal? What should I do? Many thanks.
  12. Hi all, I'm about to prepare to submit a claim to Court in respect of Credit Card charges (over limit and late payment fees) incurred between 2001 and 2006. I have all my statements thanks to a Subject Access Request. NatWest have, obviously, refuted my claim thus far. However I'm particular interested in two paragraphs contained within their last letter to me on 3 July, which reads: "Following the publication of the OFT report in April 2006 Royal Bank of Scotland reduced its default charges to £12. Our charges of £12 are in line with the actual and estimated costs of default and with the general legal principles outlined by the Office of Fair Trading's April 2006 statement. It is under the above ruling that we would only review charges applied within the last 6 years, any charges applied prior to this would fall outside the statute of limitations as advised previously." I had already made reference to to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the limitation act 1980 in my previous letter to NatWest. Is it worth following that up now with something to specifically address the two paragraphs above before moving on to Court action? Any suggestions and/or advice would be much appreciated
  13. Hi I have written to the Halifax to request validation of credit card debt (£7800) and asked for a certified copy of the original credit agreement. They have sent me a photocopy of the "original signed application form" and a "reconstituted version of the original agreement". The form was dated 7 July 2006. Is this 'agreement' enforceable? Thanks
  14. Hi all, Completely new to this and still unsure if I have posted in correct place even after watching instruction video so apologies if I have done so incorrectly! To begin...I moved from a private rent property in 2007 to the address where I have now lived for over 6 years. Not by choice but letting agency informed me that home owner was selling up and I had 2mths to move out so I did. I moved from one local authority to a new one approx. 20miles away and so life has continued.. ..Until today when I received a letter from Jbw requesting immediate payment of £1,020 in respect of unpaid council tax from my previous address Up until today I had no idea that I had anything outstanding but as I was in quite a stressful situation back then, I cannot guarantee otherwise! I was at breaking point when I moved...debt up to my eyeballs, working, single mum of 2 young children and trying to find somewhere to live with blacklisted credit history which does not bode well for future private rent letting agencies but managed to get it together enough to move to present address. So to present day, I have been signed onto ESA but only get part of my rent paid as I have 3 bedrooms and 2 children of same sex so council deems they should share until oldest reaches 16yrs which will be next year. In the meantime, I have managed to subsidise rent out of ESA whilst also receiving child tax and child benefit and maintaining utility bills on payment plans. But now I have received this letter from Jbw demanding full £1,20.10 immediately and saying that they have called round with the intention of seizing goods but were unable to do so! They left no calling card and was unaware of them until today. phoned council I was previously with who said that I had the council tax debt from my previous property. They said they issued a liability order in 2007 and that Jbw was the third bailiffs they had used to track me. I said that had they made me aware I had an outstanding debt then I would of contacted them to try to arrange a payment schedule but she said there was nothing she could do now and that I had to contact bailiffs directly. I am in absolute bits I had finally managed to keep my debts in order and paid on time and really don't know how to deal with this, I am too scared to phone them as I have virtually no disposable income per month and am worried that they will refuse to consider a payment option! My child is presently doing his exams and is already suffering from stress of that and now is hiding in his room worried that bailiffs are going to come round. Think this is enough to tip us all over the edge financially and emotionally, was finding it difficult enough before but this feels like final nail in the coffin If anyone has any suggestions on best way to deal with Jbw, I would be really grateful. Just wish I had known about the debt years ago!
  15. Hi fellow Caggers, Got an issue with a high street bank in relation to an unsecured loan i took out for over 25k back in March 2007, this was done via mail with no interaction with anybody from the bank, they sent me the offer i signed and sent it back. it is my understanding the loan is not covered by the CCA as the upper limit was not changed till April 2008 to cover loans over 25k. The bank, however is saying it is covered. I think they have messed up. Any ideas what to do about this, is the loan voidable? i have asked them to send me a copy of the agreement. Panzai345
  16. Dear All, I was wondering whether anyone might have a copy of Abbey's Standard Mortgage Conditions booklet edition 2006 (printed December). Thank you
  17. Hello Guys, Does a court fine become SB'd at all? I have just come in to a letter from Greater Manchester Courts saying i have a balance outstanding of £245 for failure to display a tax disc, now i cannot remember even getting this and had moved shortly after the alleged offence, they have traced me to my new address so have said this needs paying, I have no problem in paying it as back then my car could well of not been displaying tax as didnt have a care in the world in and around that time. My question is do fines like this become SB'd at all?
  18. Hi All, This is my first post on this forum, I have been reading it for 1-2 days now and the info here is simply amazing! I have various issues but the most pressing is a Court Case with MBNA and Preston Solicitors. I heard they are the nasty ones! I was living in the UK till January but due to my health and being unemployed, I had to move back to my country of origin, in the middle of Europe (sorry for being secrecy, just do not want people to find me this way) I have a CC debt of 25k from MBNA what I could not pay due to job loss and health issues. I tried to negotiate with debt collectors, offered 30% but turned down and referred it to Prestons, they went to Court right away. I have defended the claim (filed online in December) and then they requested to transfer the case to my local Court close to London, (where I used to live). I was already abroad that time and did not get the mail about the transfer and the hearing so could not attend. On the hearing they have struck out my defence and now I have 2 weeks to file something otherwise I guess it is CCJ. Not sure really, never been to this situation before. This is the letter I got from the Court 1, the said defence of 10/12/2011 is Struck Out pursuant to CPR 3.4 (2)(a). 2, Unless the Defendant files and serves a defence which is the opinion of the District Judge discloses reasonable grounds for defending the claim by 4pm by 30th March, the Claimant may thereafter enter judgement in default for the amount claimed, interest and fixed costs 3, The court has made this order of its own initiative. You are entitled to apply to have this order set aside, varied or stayed but must do within 7 days from the day on which this order is server upon you or such other perios as may be directed above. The credit card was opened on 14th 09 2006! I was reading aroundand it seems it is good if the CC was opened prior 2007 but could not find why? What you guys think, what options do I have to avoid CCJ? If necessary, I could make a payment for final settleemnt in the region of 5-6k, not really much, do you think there is still scope to negotiate or offer this? Thanks John
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