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Found 1,978 results

  1. Hi..I'm a newbie here so thanks in advance for your help. I got into financial trouble in 2007 with an unsecured loan my ex husband got me into (it's in my sole name). I divorced my husband and missed payments on my loan. It went into default. Lloyds got Apex involved, I made an agreement and started paying £60pcm. Life moved on, the default timed out on my credit file, I moved house but carried on paying. I struggled financially and lowered my payment to £50pcm. 1 year after lowering my payment brings me to present day. Robinson Way have been calling me asking for me by my married name so i made the assumption its to do with this (i have no other unpaid debts). I called them and they confirmed they were instructed by Lloyds in September to collect in excess of £17k I'm still paying Apex! I said I would not enter into a discussion and asked for a copy of the agreement this refers to, a copy of the assignment for them taking this debt on and a statement of account. They agreed and said my account would be put on hold whilst they gathered the info. I asked for this to be put in writing to which they agreed. I had to give my correct address for this to be sent. Have I done the right thing? Should I continue to pay? Many thanks
  2. Today I received a white county courtclaim form from northampton for the MBNA Credit card 2008 – now with PRA GROUP - £2723 – defaulted 2012. On 12th Nov PRA Group wrote to me in response to my returned PAP form where I stated I dispute the debt because I need more documents or information Specifically I wrote: I need a copy of (1) the Default Notice, (2) the Notice of Assignment, (3) a complete set of statements detailing exactly how the debt has accrued detailing: (a) All Transactions, (b) Any additional charges, be them by the original creditor or you PRA Group (UK) Limited, the debt purchaser or any predecessor, © Details of all contractual interest added by whom and on what date, (d) List of ALL Payments made toward the Agreement. The PRA group letter on the 12th said, that in response to my query (PAP form) please find enclosed copy of statement of account from MBNA and a copy of the credit agreement (was an online application 2008) plus statements from the MBNA credit card (virgin). The letter goes on to say that they will put the account on hold for 30 days until 12th December to allow sufficient time to receive the letter and contact them. Today I received the county court claim form. I don't know what to do now? Please advise. Should I try to a negotiate an offer with PRA or will I have to pay in full somehow! I don't want a CCJ registered.
  3. Good Afternoon. I was wondering if someone can help me with some questions regarding an old debt I have. About 5 years ago, my mother became terminally ill, I was in full time work and had to reduce my hours to help her as she refused to go into care. At the time I was paying for a Loan from NatWest. I knew I was going to start to struggle paying the loan amount so I went into the bank to ask for help. 3 times I went in asked, each time they either tried to replace it with a bigger loan over longer or just said no. On the 3rd time I spoke to the General Manager who said to stop paying the loan and we will be in touch to arrange a lower payment. I was unaware what this actually meant but did it. 5 Years on I have a default and debt owing to NatWest, However they have got Westcot to manage the Debt which I pay a token payment of £1 a month. Recently a friend told me about the original terms and conditions tactic. I wrote to Westcot asking which they told me they only manage the debt I then wrote to NatWest who have replied saying they cannot find them or have enough data and that the debt is not enforceable however because I'm in default this only stops them not pursing in court. The letter says please continue to pay because it they don't they will use what ever means by the law to get the debt back. They also say the Debt is still Valid and please contact them to arrange payment if I haven't already done so. My question is what do I do now? My Default will drop off soon and I don't want to cause a issue which could stop that happening. This is the only debt I have and its effects my credit score. What should I do? Any help with be greatly received. I have attached the letter.
  4. Hi, i originally join the gym through lifestyle fitness in February 2017. I then cancelled my direct debit through my mobile banking app in August 2018, just after the payment was made that month on the 15th. It is now December 2018 and I have received a letter from the CRS stating I owe them £250.52, “following our initial letter” even though I haven’t received a letter previously, haven’t received any emails stating I owe them any money or anything. i was under the impression the gym membership was cancelled when the direct debit was and I haven’t heard from them until now which is 4 months after the direct debit was cancelled. I am just looking king for advice as I don’t understand how I should be liable for paying this money when I haven’t been to the gym and had no word from them in regards to “late payments” I literally just assumed it would have cancelled This is also my first time posting a thread so I have no idea how this works haha thanks
  5. Hi, Ive read a few of the posts on the forum before registering and after seeing the sound advice given out I was hoping I could just pinch some knowledge off whoever maybe helpful enough to assist my situation. So I’m submitting my small claims court document online tomorrow, it’s all filled out ready to go but I wanted some advice on what I can claim for and to what amounts. I’ll try to keep this brief. I purchased a car in October for £2000. The car had high mileage at 130k but seemed a good vehicle for me to get to work and back. It had a full service history, lots of receipts and drove fine so was happy to transfer the cash. The very following day on way to work it went into limp mode but on restart it would come out of it, I contacted the dealer who said I could bring it in and he would sort it. I took the car to him and the faults were cleared from the diagnostics and he said hopefully that will be the end of that and sent me on my way (I know, he fobbed me off). A full month later, whilst driving, the car made an almighty sound and grounded to a halt. Again the garage said to send it down and he would sort it. I got it sent to him and had very poor contact from him for the next week. When he eventually told me the issue that the cambelt had snapped, his previous helpful self went as well. Cue a month of going back and forth, him wanting me to pay money towards the fix and me taking advice from citizens advice giving him all the options I was entitled to. He refused all options and when I told him I was seeking legal advice, he totally shut down and asked for it all in writing to which I duly obliged. So tomorrow is 28 days since I sent my letter to him advising him that I was taking him to small claims and I haven’t received anything at all from him. He has my car, my money and I’ve offered him every option but he’s completely refused. My question is, I have put in the price of the car at £2000 and the towing price at £70 but in the meantime he created hell for me without my vehicle, should I be claiming for more? The main thing is I’ve had to go and finance another vehicle, I’ve had to keep paying the tax and insurance as the car is parked outside his garage. Also the amount of personal things like hospital appointments, school runs etc I had to re arrange in that time was a right pain in the backside. I don’t want to put too much in, in all honesty if I got my money back I’d be over the moon but I feel like I should be entitled to more after how he’s handled this and what I’ve had to deal with. Sorry for such a long message and thanks in advance to anyone who chooses to help.
  6. I was 66 yrs old 2 days ago. I have been in hospital for 3 weeks just got out but i have been worried about all my debts (plenty of time to think in a hospital bed) Summary 1) I have been with Payplan for 13 years and i have never ever missed apayment. 2) I have paid back £19,206.54 and my remaining debt is £52,233.72 3) My estimated DMP completion date is 28/04/2055 in which i will be 103 years old. 4) Owing to bad health i will not be around that long. 5) Payplan keep pushing me to start an IVA which is bad advice as it is not guaranteed i could keep up with the payments. 6) All debts are from 2005 and are not reported on my credit file also interest was frozen years ago. 7) I have 12 creditors Wescot Credit Services, Cabot, PRA Group Ltd, NCO Europe Ltd, Hoist Finance, Lowell Financial Ltd etc 8) Most of these debts have been resold many times. Hoist Finance have sent me a letter offering a 69% discount on a debt which my son has offered to pay on my behalf. I am thinking about offering full and final payments over the next 5 years if i live that long and if i can gather any money together. I have ZERO assets and live in rented property. I will not declare bankruptcy under any circumstances. Can you offer me any advice which would be very much appreciated I am very worried about this and somewhere along the line i need to try and put money away for my funeral. I am very grateful for your help and thank you for your time. [TABLE=class: table table-striped table-bordered table-hover] [TR] [TH=class: cred_name]Creditor Name[/TH] [TH=class: acc_no]Account Number[/TH] [TH=class: amount]Estimated Debt Amount[/TH] [TH][/TH] [/TR] [TR] [TD=class: cred_name]Cabot Financial (Europe) Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£5,002.19[/TD] [TD=class: expand_link][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Cabot Financial (Europe) Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£1,075.66[/TD] [TD=class: expand_link][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Cabot Financial (Europe) Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£2,520.76[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Cabot Financial (Europe) Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£3,663.85[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Hoist Finance[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£1,084.62[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Lowell Financial Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£3,282.98[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Moorcroft Group Plc[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£2,413.83[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Moorcroft Group Plc[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£8,226.64[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]NCO Europe Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£5,267.35[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]PRA Group Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£2,895.64[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]PRA Group Ltd[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£1,666.09[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Wescot Credit Services[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£7,997.31[/TD] [TD=class: expand_link, width: 10%][/TD] [/TR] [TR] [/TR] [TR] [TD=class: cred_name]Wescot Credit Services[/TD] [TD=class: acc_no]..[/TD] [TD=class: amount]£7,136.80[/TD] [/TR] [/TABLE]
  7. I purchased a 15 month old 2017 Swift Escape 685 motorhome for 46k in August 2018 which developed various faults, initially minor but getting more serious/worrying over the short time I've owned this. This is my first ever motorhome and my wife and I purchased this for trips to maintain our holiday home business throughout the year, not just for holidays, the dealer was made aware of this before our purchase. We decided to purchase a used model because we believed it would have had any initial teething problems solved, so would be more reliable than a new model, my first mistake! I believe I now have the right to reject this motorhome under the consumer rights act 2015, but I wanted to ask you if I am right in my belief? I'll list below the initial issues which accurred between August 2018 and October 2018: * Rear bed broken/collapsed - Repaired by myself as I found this the night before our first use. * Vibration from torn exhaust shield - Removed by myself for safety reasons, advised by dealer no need to replace. * Skylight rattling/banging in wind - Rubber seal fitted by dealer to tighten fit. * Various cupboard doors needed adjustment/replacement of rubber bump stops - Repaired by myself. * Various window catch's out of adjustment - Packed and adjusted by dealer. * Emergency tyre repair kit missing - Replaced by dealer. * Storage cupboard cup and plate holder racks missing - replaced by dealer. * Wheel alignment/tracking out of adjustment, vehicle pulling to the left - Readjusted by dealer. * Overhead bed extremely annoying whilst driving ie: rattling, chattering, squeaking - Dealer had already tried to cure this for the previous owners by adding washers/packers, but unsuccessfully. * Delaminated roof/headlining mainly at the front above the overhead bed, but also some delamination above the shower room wall noted since. I expressed my concern that ingress of water has caused this as the mattress on the overhead bed has felt damp since we first tried to use this - this was reported to Swift by the dealer during August/September 2018, Swift want the vehicle returned to the factory for inspection/repair under warranty, but the earliest date possible was week commencing February 11th 2019, with an expected completion by week commencing March 25th 2019, Swift also agreed to inspect the noisy overhead bed at the same time. * Then in November 2018 we found wet seating/puddle of water below side window - I once again expressed my concerns that the mattress on the overhead bed was still damp and I still believed there was water and possibly mould in the roof, and that the water had found it's way down to this seating. We were assured by the dealer that the water was caused by a lack of a seal around the right side window, allowing rain water in, and more worryingly, in the dealers own words "the right side window could have simply fallen out at any time!" The dealer resealed the window frame and assured us that the motorhome was again watertight. The aftersales manager at this point did say that he can understand that we may have lost faith in the vehicle and that they would be happy to have it back so we could purchase a brand new model (we naively assumed he meant at full value). The final straw for us was around 2 weeks after collecting the motorhome back from the repair of the side window, we found the inside of the roof above the overhead bed was dripping with water all the way across the full width of the roof line, plus the mattress and bed side curtain were also soaking wet, along with the same area around the right side window and below, that had been wet previously. We took the motorhome back to the dealer on December 19th but the after sales manager was off for Christmas until December 27th. When we spoke to him around December 27th he said that they had now found the solar panel cable entry point was leaking water in and needed the external fixing box to be replaced and resealed. I told him I had had enough and now wanted him to take the vehicle back as he had agreed, so we could purchase a new replacement vehicle. He agreed and said he would ask the sales manager to contact me with a price for a new vehicle. In the meantime the solar panel roof leak was repaired and the aftersales manager tried to gain information from Swift regarding what was involved in the factory inspection/repair of the delamination, this is because at this point we didn't realise we had any legal rights to a refund and we were hoping for definite confirmation that there was no risk of mould/bacteria in the roof above the overhead bed. On January 19th we had a call from the sales manager, this is when things turned sour! Yes the dealer would have our motorhome back, but they would only offer us £38k in a part exchange! So after just 4 months use and 6 short trips we were expected to take an 8k loss. I told them I wasn't accepting that and would need to take legal advice. This is when I found the consumer rights act 2015 existed. On February 1st 2019 I emailed the aftersales manager to officially reject my motorhome under the consumers rights act 2015 on the basis that it is of unsatisfactory quality and not fit for purpose, and to state that I do not want the factory repair of the delamination of the interior roof as Swift wish to keep the vehicle for around 6 weeks for this. On February 6th he emailed me back to say he would need to discuss this with his senior management team and would email me back within 7 working days. On February 15th I hadn't received a reply so I emailed him again asking for a response. On February 19th (today) I have received a reply to say they do not accept my rejection as they have repaired everything except the delamination of the interior roof, that this is only cosmetic, and that the vehicle has a 10 year body warranty. My obvious concern is that the roof delamination is due to the ingress of water. Plus in telephone conversations with the after sales manager he has stated that the Swift technical team have admitted they are experiencing condensation issues with vehicles produced since 2017 that have fibreglass roofs and overhead beds, possibly due to temperature differences, and that having checked other vehicles at the dealership for servicing, they have found condensation in a number of those as well. ** And yes, I have recorded these conversations thanks to the advice on this forum, thank you for that ** So to summerise I believe the motorhome is not fit for purpose because: * The health risks of damp/bacteria in overhead bed area, either due to condensation issues or trapped water in roof. * The repair at factory would be a further 6 weeks of no use. * We purchased this mostly for business trips for which we've had no use since December 19th. * The quality of the vehicle is not satisfactory. Am I correct in thinking that I now have the right to reject and expect a full refund as my email of rejection was sent during the 6 month period? I almost forgot to add, I paid roughly half by debit card and half is on hp, the hp company say they will only need to get involved if we don't come to an agreement with the dealer, their t&c's seem to suggest the same. Thank you in advance and apologies for such a long thread!
  8. Hi there, I was wondering if anyone had succeeded in getting any redress from Aaen Peach. Like many on this forum, we received a quote from hbcconveyancing of about £600 for the purchase of a property. Now we've received an estimate of £1300 (700 of this is fees) and £500 is 'payments to third parties' although about 500 of that 300 is in fact payments to them (making their conveyancing fee £1000 so far.) There have been no issues so far with the purchase of the property (which is under 100k.) Now we've received a letter to sign, giving them the authority to act for our mortgage lender. The language of the Standard Security gives the impression that their exhaustive attention on behalf of our lender is a future excuse to charge us more... Here is their approximate costings so far, Legal Fee £380 Chaps Fee £55 Dealing with Mortgage Lender (Standard Security) £250 Post & Incidental Communication Charges £60 Total Legal Fee 745 and then... third party payments Registration Costs 120 Registration of Standard Security 60 Registration of Advance Notice 10 ... *ahem* Completion and submission of registration documentation £216 ... Completion & Submission of Advance Notice 54 The ... above two are surely conveyancing fees? they were evasive on the phone and didn't go to any particular lengths to assure me regarding a cap, or expected cost. Now I've got to sign this document which may give them greater power to thrust charges at a moments notice. I've got only about 4 - 5 weeks left before handover. I guess I'm just asking for advice, but also, if anyone has been burnt, is there much chance of redress?
  9. Hi there, Is there anyone out there who can help me? We have a former GMAC mortgage that went over to mortgage Express. We were keeping up with the mortgage until I finally succumbed to my illness and disability. We are currently five months in arrears which works out to be £4250. I was working part time and my wife was working full time and up to earlier in the year keeping up with our mortgage. We thought we had sorted ourselves out with my working part time and my wife getting a full time job a while ago. I had an operation several years ago, that resulted in damage to my spine, this means I take 35 tablets a day, and have fentanyl (type of morphine) patches, oramorph (another type of morphine). I am stuck in a wheelchair now, I am typing from a special bed installed in our bedroom that is like a hospital bed. All this means I cannot really work a lot now. I am waiting for the first of five operations at the start of August so will be out of any sort of working fulltime loop for a few years. I will be able to work part time and an employer is willing to let me do this fitting around all my issues. My wife works fulltime, but had to take a few months off without pay due my being in and out of hospital. overall a loss of income. We have managed to stabilise our position, but need to sort out the mortgage arrears. We were in arrears a few years ago with MX and it was hell. Four of five phone calls a day, refusal to accept a deal, threats of a home visit etc. we changed our phone number, managed to pay off the debt and were debt free for three years. How can I write a letter offering an extra £150.00 a month, which we can pay and try to forestall any action? We had a knock at the door which was out of the blue. It was an advisor and valuer from them. We told him to go away, we were only going to deal with Mortgage Express in writing as our last experience told us they bullied on the phone, never agreed a deal, and kept on phoning us. Despite our telling him to go away, he came back four times, each time was when our neighbours were coming home from work. He would stand outside the house and with a raised voice tell us he was there to deal with our mortgage arrears. our neighbours know our business. Can someone point me towards a letter template our help me out with one to send them as soon as possible? I just want to stop and action which the valuer told us they would do, that being taking us to court for repossession. I know the court might end up giving possession and then stay it, but it is a worry I could do without. I get full DLA, I am as previously stated in a wheelchair. I have four outpatient’s appointments a week, which I know is not MX’s fault, but being thrown out of the house will result in my ending up in hospital. Please help.
  10. I’ve been stupid and was caught shoplifting in Sainsburys and looking for some advice. I’ve searched the forum for similar situations, but I still have a few questions. I was taken to the back office office and asked for my name, DOB and address. I didn’t want to give them photo ID so showed them my bank card. They appeared to just look at it to confirm my name and didn’t take any photocopies of it as far as I’m aware. I was very compliant, stayed calm, handed over the items immediately (very low cost: less than £9 in total which I then paid in full before leaving). I was then given a lifetime ban letter and was escorted to customer services where I paid for the items and then I was free to go. I apologised and asked numerous times if they were going to call the police and/or if the police will come to my address. They kept saying they weren’t going to call the police and that if police were to be involved they’d have called them then and there. I’m at university and they did say that it’s not worth getting a criminal record over etc, warned me not to do it again, and gave me the printed off letter. From reading the forum and just common sense, I’m assuming that this is not currently and will not escalate to a criminal/police matter since they weren’t contacted and that this isn’t a criminal record (i.e not a charge, caution, etc) and will not appear on any background checks? I was told I will be getting a letter regarding compensation charges but from reading here it appears it’ll be a standard comp charge which I don’t have to pay? I understand they’ll keep writing to me but I gave my university address and barely get post sent there anyway so hardly ever even check my pigeon hole. Is it safe to just forget about it and ignore the letters which I’ll be sent (but probably never get...) I’m also of the understanding that I’d only have to pay if any loss occurred and because I paid for the items in full, there’s no loss right? Plus they can’t charge me for wages/time already being paid for (security etc). my questions are as follows, any help would be much appreciated: 1. Why did they ask my DOB (I just don’t see how that’s relevant, what can they do with that info)? 2. Since I gave my university address if I don’t respond and just ignore their compensation letters will they contact my university and ask for my home/permanent address? 3. I paid for the items on my debit card, could they either track me and further personal details, including home address, from that? 4. I’ve seen a template of a response to the letter basically saying no further correspondence will be entered into. Is it better to just completely ignore their letters or send something like that back to them? 5. As queried in my post, would it be safe to just ignore the letters and put this behind me? I’m stupid and have learnt a big lesson today, so please, no judgement. Am I right to think this will not escalate to a police matter (providing I don’t go back into a Sainsburys store)? 6. Is there anything I should know or do, anything that will put my mind at ease. Thanks in advance for your help. Oh and when I said that I gave my university address I meant my halls of residence uni building (as opposed to a private rented student house) hence I’m worried they could ask my university for further details/my home address since my address given basically is the university.
  11. I have six outstanding debts that defaulted over six years ago. Five have been passed on to DCAs, one remains with the original company. I pay a nominal amount each month. From reading various threads on the site it seems that once passed to a DCA payment should still be made to the OC. I am confused because in the case of an outstanding amount to the AA they have only recently sent a letter advising they have assigned the debt to Intrum. In the case of four of the other debts I am confused as to who I should be paying, especially when you receive a letter from a DCA saying they have bought the debt. If they haven't then how do they get the debt and if I pay them why does the OC not contact me when the monthly payment is missed?
  12. Hey- myself and now ex partner took out an unsecured loan back in 2006 for £20k on top of a mortgage we had at the sametime - all ok - fast forward 1 year he then takes out a secured loan in our names, forged my signature (this is not why I am writing but just trying to give you some background) he told me he would kill himself if I reported him - we split up only after 2 years did I then contact bank and said I didn't sign or agree to this - they wouldn't back down, police wouldn't pursue the property was sold and the proceeds were swallowed up for his secured loan I stopped paying the unsecured loan in April 2013 (when we split up we walked away and paid nothing) I rented out property and we sold this end of 2013 there is nothing on my credit file for this unsecured loan that is now £16k -I was able to obtain a mortgage in 2016 no problems I am now getting letters from a company working for the bank wanting payment of the £16k - I had some correspondence with them back in 2016 and then it stopped - my question is do I have to pay this? why hasn't this been on my credit files?? I hope I have explained properly I know it will be 6 years of non payment in April but as I had correspondence in 2016 would this be statute barred
  13. Hi, I wanted to get some opinions/advice regarding an issue I have and wanted to know what the general feeling, or even better someone who has experienced this problem and what the outcome was.... I purchased an Audi A3 1.8TFSI and the car has the same oil consumption issue as the 2.0 TFSI (mainly Audi A5's but A3 and other models also). I went for the 1.8TFSI as I didn't think it had the same oil consumption issue but it appears it does, just less well known. My local Audi dealer is doing all of the tests and in a couple of weeks they will have all of the details to put forward to Audi UK for a solution and a cost and what they expect me to contribute towards it if I have the work done. Audi say that the more main dealer services you have had, the more favourable this will be looked at and and if you were to have the next service with them, this would help also. Through speaking with my contact, he seems to think that the dealer that sold me the car (non Audi) could be liable for the cost of any repairs as he sold the car to me and the car clearly has a fault. I countered this by saying the dealer is likely to say it's a known Audi issue therefore the issue is with Audi and they are liable. Who is liable?? The dealer who sold the car or Audi? Thanks in advance.
  14. About two weeks ago (Jan 2019) I received a letter from DrysdensFairfax solicitors acting on behalf of CapQuest for a debt of £9900.07 which I want to defend on the basis of its being and unenforceable debt. The original credit agreement was with Virgin Money and dates from 2005 The original default letter dates from 2009. The debt has increased due to 'various court charges etc charges' that aren't itemised They issued court proceedings in 2014 which I defended, and they put a stay on the case.. they have recently requested for the stay to be lifted and a court date has been set for March 2019. I have objected to this for many reasons (it seems very poor professional practice to delay a case for no reason for almost 10 years. I currently have a completely clear credit record with no loans/credit cards/defaults of any kind on it. The court date of 1st March seems very soon for me to prepare my defence. Can I ask for it to be delayed. Any advice much appreciated. Thank you
  15. Had the following back from MBNA in response to a CCA request. 2 sets of T&C's, one current, and one supposedly from the time they card was taken out (not sure how I'd actually verify that) A summary statement showing current balance And a "copy executed agreement" Have uploaded the covering letter and the redacted "copy executed agreement". Basically, is this valid? This card was taken out in late 2014, and from what I've read it seems like it probably is a valid an enforceable response to my request, but would like to be sure before taking next step (MBNA bluntly rejected a recent full and final offer of around 60% of balance, claiming they never accept such offers. I should also mention that the debt is still with MBNA and no payments have been made for 3 months now. Current balance is a around £10.5k. Borrowing from family and selling a few things I reckon I could raise £8k tops. It doesn't seem like MBNA would accept this as a full and final, and all the while the interest mounts up.
  16. Hello, I started a DMP with Stepchange about 6 years ago with £150k of credit card and personal loan debt. I have paid about £80k via Stepchange over the years and about £70k remaining balance (including personal loan interest). I have been paying £800 per month split pro rata via stepchange but due to change in circumstances can not pay much at all anymore! Have yet to contact Stepchange but have cancelled the DD with them just now. I need urgent help and advice!! Should I arrange to pay them £1 per month instead for now through stepchange and CCA them all in the meantime? – I have just read about CCAs here. I am terrified of getting CCJs from them all now – All help greatly appreciated! Debts are as follows: • NRAM personal loan pre 2007 – now with Cabot Financial (Marlin) - £12,933 - not on credit report • Bank of Scotland personal loan – post 2007 - now with ‘Wescot Credit Services – Bought Debts’ – £12,395 owing – not on credit report • Santander Personal loan – 2002 - £10,859 – Defaulted 2011 • MBNA Credit Card – 2005 - now with IDEM CAPITAL SECURITIES – £6,919 – Defaulted 2011 • Cahoot loan - £4499 – showing on credit report as settled 2015! – but stepchange still collecting and paying!? • Barclaycard credit card 2008 – now with LINK FINCANCIAL OUTSOURCING - £3337 – showing as up to date positive credit on my credit file! • MBNA Credit card 2008 – now with IDEM CAPITAL SECURITIES - £3233 – defaulted 2012 • Capital one credit card £3205 – not on credit report • MBNA Credit card 2008 – now with PRA GROUP - £2723 – defaulted 2012 • Co-operative bank credit card 2002 – now with LINK FINANCIAL OUTSOURCING - £2571 – defaulted 2012 • Co-operative bank credit card 2001 – now with LINK FINANCIAL OUTSOURCING - £2026 – defaulted 2015 • RBS MINT credit card – now with ‘WESCOT CREDIT SEREVICES – NON BOUGH DEBTS’ - £1624 – not on credit report • Tesco Bank credit card – now with ‘ROBINSON WAY LTD – TESCO’ – £1222 - not on credit report • Barclaycard credit card 2001 – now with ‘LINK FINANCIAL OUTSOURCING’ - £1087 - showing as up to date positive on credit report! • Bank of Scotland – now with FAIRFAX SOLICITORS - £750 – not on credit report • Cahoot credit card £713 – not on credit report • American Express credit card – now with ‘NCO – OTHER’ £387 – not on credit report • EGG Credit Card – now with PRA GROUP (UK) - £193 – not on credit report • Cahoot credit card £100 – not on credit report
  17. Hi Guys, I am newbie here on this forum. I have been approached by the solicitor for Negligent Finance advise on the loan I have taken out back in 2006. Told me that this is NO WIN NO FEE and I don't have to pay anything upfront but If I win the case I have to pay 25% fee. Did anyone has used this service and especially on Negligent Finance Advise and how successful or unsuccessful they were. I am really sceptical I may limp into one problem into other one. Your advises will be much appreciated and thanks in advance.
  18. Hi I've got an large outstanding balance (£25,000+) with NRAM that I am now being chased for. It is for the unsecured part for the dodgy Together mortgage, the house was sold Feb 2008 so the paperwork I signed will be a CCA that is post 2007. I was paying up till July 2012, however I was overpaying the so there was a surplus that serviced the debt was until May 2013 (first missed payment according to Noodle). Got the first letter from them today, really surprised it has taken them this long. Wondering what to do next? I can offer to pay something and ironically if I pay them what my minimum payment was set at (not the overpayment rate I was paying). I will pay off the outstanding amount 6 years earlier than if I had just payed them normally without the risk of interest rates going up impacting the balance. I would also assume from credit reference file point of view, that once the default has dropped off on that account it would also look like a normal loan that is being payed by then there would have been 12 months of payment history. The letter is very tame and states it has now been passed to Loss Recoveries and no interest or charges will be applied if I make payments or I keep them informed. The letter also states they may consider passing on to a 3rd party DCA etc, etc. I knew this was coming and thankfully I'm in a position now where I can do something about it. BUT they screwed me over when I went for an IVA back in 2006 and a lot of the financial problems I had would have been done and dusted by the end of 2012. I've seen about claiming about charges and fees and if this can get the balance down a bit then I will take that as a win. Also does anyone know what it is like to deal with them compared to the other DCA's?
  19. I am currently in a similar situation and wondered if you can give me a bit of advice. https://www.consumeractiongroup.co.uk/forum/showthread.php?472364-Advice-needed-Claims-management-company-court-case&p=5087639#post5087639 Like you i accepted a hire vehicle after a non fault accident and told auxillis/principia that i was not in a financial position to pay for a hire car myself upfront. I don't consider myself to be in a financial position despite savings accounts, as the savings are for a purpose and i didn't think that it was reasonable for me to go into my savings to foot the bill for a hire car, with no idea what the cost would be/when i would be reimbursed. Principia are still having issues claiming back the hire car charges from the defendants insurers and i am at the stage where i need to provide bank statements. If you don't mind me asking, how has it gone for you in terms of having savings in the bank? I can justify the reasons why i have sums of money in various bank accounts (saving for a wedding etc), but do they take this on board when you submit all of your financial details to them? Any advice is much appreciated as i am stressed the death!!
  20. Hi, Whilst filling out a tax return I checked the information HMRC held regards PAYE from what is now a former employer. The information shows the dates, taxable income, income tax paid and National Insurance paid, all totalled up. The amounts I noticed didn't add up to the totals at the bottom of the page. It seems one month a payslip was issued, then a revised version issued. The totals on the revised version were correct but the following months payslip uses the totals from the original payslip. I contacted HMRC and they said yes it doesn't add up but we can't say why - you need to contact the former employer. So that's what I did, they gave me a P60 and said everything looks fine, but the P60 just contains the incorrect totals they gave to HMRC. I've now advised in more detail but without even having checked yet they advise everything "looks about right". Just wondering if they refuse to correct the totals what are the options? Do I need to go back to HMRC with the figures and rationale? Thanks in advance.
  21. We have a de-linked unsecured loan (part of together mortgage, but we moved mortgage) from 2006 for £29k, we have never missed a payment, the past few years we have had agreed, reduced means tested payments NRAM passed it to a solicitor who have managed to issue a CCJ against us after saying we missed six months payments..we didn't. We called the solicitor from the CAB on the morning of the court date (October 2017) and CAB manager explained we hadn't missed any payments. They agreed to stop the court action that day (in an unrecorded phone call!) CAB manager then asked them shall we fax the court form in and of course they said no, it's ok. Well they didn't stop the court action and got the CCJ.. We went back to CAB in February and the manager called them again, they had an interim charging order by now.. we sent a letter on my insistence to the court with proof of all payments and got the court transferred to our local court 2 weeks ago. We thought this was to appeal the process but the judge explained it was to make it into a final charging order. Unfortunately we have had really poor advice from our local CAB debt manager and didn't apply straight away to stop it or set it aside straight after. The judge seemed sympathetic and said we have been poorly advised, adjourned until early September as we said we cannot be certain we still owe £29k as we have paid off over £17k and now the debt is back to where it started. I assume NRAM have whacked on a load of interest and charges when we were on reduced payments. We hope we can prove we owe significantly less than the £29,500 they say. I am about to send off a SAR today using your template as we haven't had statements since 2011, which I now know to be because our regulated loan was in fact unregulated... and isn't covered by CCA. It's a living nightmare, I'm convinced they will then go for an order of sale, even though they say they won't. NRAM have spoken to us as though they have no control over the solicitor's actions and are being vague. I don't want them having control over this, I have a 12 year old at home who is settled and doing so well at school.. we had every intention of settling when we sell in 11 years at the end of our mortgage and have never missed a payment. I hope I can get the statements back in time to look through them and they don't delay the SAR process too much with delaying tactics. Any advice would be appreciated! And do we send one SAR with both our names, signatures etc on it, and do we ask for just the statements since 2011 or everything? Many thanks.
  22. I posted a mobile phone I sold to someone using Royal Mail's {RM} Guaranteed next day delivery before 1pm service. This service also includes insurance for up to £500 for loss or damage to items using this service. The item was posted in the UK from my local Post Office in Cheshire to Northampton so classed by RM as mainland mail. The recipient collected the item from their local RM sorting office and when opened there it was found to have damage by way of a cracked screen. The recipient advised me of the damage in writing within 30 minutes of collecting the item and at my request he posted it back to me in a package in its original packaging then I refunded him the cost of the phone. I then submitted a claim for compensation (£106 to repair the screen) to RM under the terms of the insurance sold to me (up to £500 loss or damage) with the guaranteed next day delivery service. On submitting the claim I fully complied with all of RM's requests for information, proof of posting, photographs of the item both pre and post damage, eBay listing number, Paypal Transactions etc . The first reply from RM was a letter of 24/11/15 saying they were sorry to hear of my problem, but they did not confirm or deny they had damaged it. They went onto say the damage was most likely due to my negligence for not packaging the item correctly and in turn they would not be offering compensation on this basis. They also returned my item with this correspondence. I escalated the matter and asked them to review the case and told them the item had been packaged correctly using reasonable care and that the suggestion I was negligent was unhelpful and insulting. I asserted it had been damaged by RM's employees or possibly by their mechanical sorting equipment and refuted any negligence by me. Once again RM wrote back in a letter of 3/12/15 saying they had looked into the matter but felt the original decision was correct and that no compensation would be offered as I had been negligent by not packaging the item correctly. They advised if I was still not happy with this decision then I could escalate it to their "Escalated customer Resolution team". Once again I wrote to RM and explained to their Escalated Resolution Team that I required them to pay for the damage to item, pointing out I refuted that I was in any way negligent and that I had taken reasonable care in packaging the item prior to posting. I also advised them that I was very insulted/offended by their suggestion that I had been negligent. I advised them that if they did not pay for the damage I may have to consider legal action by way of the Small Claims Court. The Escalated Resolution Team responded on 8/12/15 by saying that they had reviewed the case and that after reading correspondence the original decision was correct. The individual went onto say: "I have reviewed the details of your claim and I am afraid I have concluded that it was handled correctly and the previous response appropriate. If I can clarify, to look into the outcome of your complaint I have carried out a further inspection of the packaging of the damaged item and original packaging. Having completed these investigations, I am satisfied there is no evidence of any damage to the external packaging consistent with the damage caused to the content. Having reached this regrettable conclusion, as your item could not have been damaged during its journey with Royal Mail we are not responsible for the repair or cost of your item". It is interesting to note that there was no proper review carried out by the Escalated Team as the mobile phone and packaging could not have been inspected as it was returned to me by them on 24/11/15. I am also very angry as ultimately if they are stating the damage was not done by them; there is a suggestion that the item was damage already there prior to posting which is implying I submitted a fraudulent claim. I have no reason to disbelieve that when the phone was received by the individual at RM's sorting office it was damaged as RM's tracking system shows when he collected it and the email message from him advising of the damage demonstrate he contacted me within 30 mins of collection, so allowing for time for him to travel home and write to me etc seems fair enough and as aside I have no reason to question his character. I wrote back to RM in a letter before action advising them I was very annoyed by the content of their message and giving them 14 days to pay for the damage or the matter would escalate to Small Claims Court. Once again RM wrote back saying their position was unchanged in respect of their decision. I have raised a claim via MCOL and I have asked for the £106 for repairs to the screen. I refuted I was negligent and cited RM as having acted both disingenuously in the handling of my claim and also my annoyance as the implication that I have acted in some fraudulent manner. RM's legal team have lodged a defence which in my is perhaps simply an attempt to muddy the water and over complicate the issue by arguing various immunities: 1. No contract was entered into between the parties 2. RM has immunity to a claim in tort in respect of such delivery of post 3. RM may only be liable to pay compensation if the conditions of the scheme known as the Royal Mail UK Postal Scheme (UK Post Scheme) are satisfied. 4. The claimant did not comply with RM's packaging guidelines therefore compensation is not available. 5. Even if the RM is liable under the UK Post Scheme, liability is limited under the scheme and the defendant, RM, is not liable for consequential loss. 6. Further argument of no contract existing quoting Harold & Stephen Co Lts V RM {1978} 1 AII ER 939 7. Immunity in tort: Citing Ofcom designation of RM as a "Universal Service Provider" USP* within the meaning of Sect 65(1) of the Postal Services Act 2011 and Ofcom's designation being made under Schedule 9, para 3(1) of the PSA 2011. 8. Citing RM as a Postal Operator under Sect 27(3) of the PSA 2011 and a scheme under Sect 89 of the PSA 2011. 9. As RM is a USP* & a Postal Operator there is no right to a claim of tort as sections 89 & 90 of the PSA 2000 applies. 10. Guaranteed Next Day Delivery is a scheme under the UK Post Scheme notified to Ofcom under Sect 89A of the PSA 2000. 11. Under the arrangements of the UK Post Scheme, in the absence of no arrangements under the UK Post Scheme no compensation is payable even if RM are deemed negligent. 12. They do admit compensation can be made under Sect 91 of the PSA 2000 provided all the terms of the scheme are complied with. [this makes all the waffle above seem rather irrelevant?] 13.They make further references to packaging guidelines and their service users obligations under this aspect of their T&C's. 14. The claimants packet did not meet with the requirements of the packaging guidelines therefore RM is not liable. Sorry if this all seems rather long winded, but i feel if there is advice given to me it should be done with people being made aware of the full facts to date. My simplistic view is that at 12 above there is a right to sue; the other stuff is added by their legal team in my view to dissuade claimants from progressing further. I did package the item in a bubble wrap envelope and then further wrapped the item in a protective foam sleeve. RM's guideline is simply to cover in 1cm of cushioning - something which I have done; so why they are not paying out beggars belief. *In respect of all of the other waffle, is it not fair to argue that the average person walking into a Post office to post such an item using such a premium service simply could not be expected to either research, review and understand the legal complexities of all the aforementioned either online or on hard paper at a PO counter before posting? Would these terms not be an issue under the Unfair Contracts Act? Further the Post Office accepted the item in its packaging. * Is it not the case that RM is also a retailer as I was sold insurance with this premium service? If so, are they not subject to any of the obligations Under the New Consumer Rights Act 2015? [introduced on 1/10/2015]
  23. Hi and hoping it will be a happy year for most people on here.... I wanted to ask a bit of legal advice. Have a court hearing in 3w regarding a debt to a private lender. Its a serious situation. ie repo hearing cos i secured loan against property. I can't borrow/ remortgage. This asset and contents are all I have. There is equity. But in this bad market and if there is a repo process, who knows... I have been trying for ages to sell my asset and repay debt; it just hasn't happened. Til now. I now in talks with 2 serious buyers. Both sorting finances (cash). Am hoping one will confirm in next few days. The next stage would be to proceed with legals with one of them. But I would not have any funds before the court hearing date. Exchange may be possible? Completion on the asset sale will mean problem solved; oh happy days.... Due to these 2 options - can I ask for an adjournment? Ask for enough time to pursue them? I don't want to go to court and incur more/ huge expenses I can't afford a lawyer and the lender will have a top tough lawyer. I now have medical issues caused by the stress. I think I have to allow 5 days in writing before hearing to ask for adjournment? Is there a cost? I don't want to even consider either of the above options falling through....
  24. Hi all, First post here after reading through your excellent site. Please be gentle. Apologies if it's in the wrong place. I went through a disastrous divorce and had to move out of the family home. As a result my expenditure tripled and my income remained the same. I approached the CAB who were most helpful and they organised an equitable payment schedule based on my income and expenditure form, and I set up standing orders in favor of my creditors. All was well for about 2 1/2 years until I lost my job. I wrote to my creditors, (including the DCAs), explaining my situation, that I was looking for a job and that I would be reducing the standing orders to £5, but since I was 59 the prospects were not good. My mother has alzheimers so with a view to her care I have moved back home and have survived on what little I have and her generosity. I have a job now, but it's temporary and it will finish in July. I will be 60 this summer, so the prospects are bleaker and my time here may be limited by my mothers' needs. I have some questions, however: 1. Do I have to tell my creditors where I now live? Given mother's increasing distress, I do not want her worried and I certainly do not want anyone calling at the house. 2. Can any and all communication with my creditors be done by email? 3. Given the situation, I may come into a small amount of money. How much, as a % of the outstanding debt, could I reasonably expect my creditors to accept to consider the debt repaid? You help will be gratefully received.
  25. A friend of mine who is 27 yrs old had a 4 bed housing asso property in one part of town but had to change over to a newer part of town and a smaller property which is 2 bed with same housing asso. Now shes had to sort the housing benefit out for it and was told it was straight forward her being a tenant anyway. She went to sort out the housing benefit today and has been told she has to make a new claim for it which has a 4 week deadline and that she now needs to apply for Universal Credit even though shes on JSA. They are saying she has to apply for UC now which will take 6 weeks and that she'll be without anything till its sorted but she'd also run past the 4 wk deadline and would owe 2 weeks full rent. She has really bad depression and mental illness ... hence how she was given sick notes from her doctor as shes unable to work. Now the housing asso has also told her she will receive £60 per week on UC but from that she is responsible for paying the HA £30 per week as they are saying she won't be entitled to full housing benefit her only being 27 yr old.
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