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Found 53 results

  1. Hi, My Dad received a claim form with an issue date 1st November. AOS entered on internet. Says service date 8th Novemver. (they sent POC separately) Claim form amount is £35 more than owed amount, even their evidence shows original amount. (This is not including fees and costs). Background. Service charge (not disputed). Offer of £20 a week offered in August, was rejected. Offer of complete amount by family to extinguish burden by letter (The defendant is a disabled OAP) on 5th October. Heard nothing back. It should be noted the defendant tried to contact the claimant to settle many times but they wouldn't talk to him anymore. N1 received as above. Tried phoning claimant again, "not there, they will call you back". Never did. Phoned solicitors, they won't budge. Want the (wrong) amount plus fees, costs and interest. I'm bewildered by their behaviour. This is a large and very well known landlord in Kent. The issue of liability is not in question. P.S. It should be noted that had they accepted the offer of £20 a week it would have extinguished the debt before the date of issue!
  2. i had to pay marston money, called them and aranged the payment to be taken in 3 instalments… i thought all was done and dusted i just received a call that i hadnt paid the full amount, and that i must have messed up aranging it with my bank. although i didnt contact my bank at all, i only aranged it through marston themselves and even confirmed at the end of the original call that everything was sorted. the guy i spoke to (called me on a mobile number) said i hadnt paid in full however i had aranged the direct debits with marston who failed to take the full amount in the last payment. they took money, and the full amount was available at the time, they just didn't take enough which i found out just now after checking my bank statement. after informing him that i had aranged it with the marston call centre, he told me he will send an enforcement agent and that i would owe another £265 (ish) didn't ask me to pay the extra before saying this, just jumped straight to that after i said i had arranged for the payments to be taken and it must be the fault if the company. apparently, its my responsibility for marston to take the correct amount according to this guy. what are my rights here? guy was pretty rude calling me son and pal and making it out to be entirely my fault and not the fault of marston.
  3. Hi All, I'm not sure if I have a problem or not really! I keep getting calls from people asking about our loan with First plus and whether it had PPI on it, with all of them I have told them that there is no PPI showing on my agreement and that was the end of it, but today someone called fom FusionConsumer solutions and told me that although it does not show on the agreement First plus may have been adding it into our payments!! She asked when I took the loan out which was approx 2006 for £100,000 and what our payments were, then she worked out that we were paying approx £500 per month more than we should be and over the 25 years would be paying back about £270,000!! I don't know what to do now, if it has no PPI on the agreement how am I supposed to claim it back? Is what the lady from Fusion told me correct? Surely it would be totally illegal to be incluing something like PPI without even telling me!? Has anyone else had this with First plus? Any advise greatly appreciated as usual!! Thanks
  4. I've been paying of the balance of my credit card with the Royal Bank of Scotland, paying an agreed amount every month by direct debit. I have kept up these payments without fail. I have now received a letter from them saying that they are increasing this payment to 2.5%. Previously I have filled out their forms detailing my income and expenses so they know I cannot afford the increase. Are they allowed to do this? Thanks for your help.
  5. The DWP told me that I had been overpaid last October, although it wasn't until April 2017 that they decided how much I had to repay. This was settled at £3.70 a week out of my Income Support (I am a full time carer who gets Carers Allowance and Income Support) in May 2017. Today (21st October 2017) they have written to me saying they want to review how much I pay them and increase it. It has only been 5 months! My circumstances haven't changed. CA and IS are my only sources of income, and out of that I have bills to pay. Is there a letter I can send which will keep it at the current repayment rate? And can they just increase the repayments? If they did, can I appeal? Thanks!
  6. Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 17 July 2017 date to submit defence 19 August2017 What is the claim for – 1) The Defendant entered into an agreement with Orange under account reference ..... ('the agreement'). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 18/12/2013 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £465.45 remains due and outstanding. And the Claimant claims a) The said sum of £465.45 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.102, but limited to one year, being £37.24 c) Costs What is the value of the claim? £632.69 including court fees Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone account When did you enter into the original agreement before or after 2007? After 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. Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? No, received one letter and then County Court Claim. Did you receive a Default Notice from the original creditor? I don`t think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I cancelled the account in full accordance with the original claimant's cancellation procedure. What was the date of your last payment? 26th April 2012 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? No. Hello everyone, first time here but I have read a few threads on here and seen the great work you guys do. I`ve got this county court claim that came through (22/07/17) as stated above I have gone through the necessary steps as stated in previous cases, that is Acknoweledgement of service (26/07/17), CPR 18,(27/07/2017) and now I am preparing my defence. My question is to do with the reply for the CPR I got from Lowell Solicitors, I received, the cover letter, the notice that they bought my debt and the notice of assignment from orange( very dodgey). Will post attachment if needed. My first question is, in the cover letter they state that my last payment on 26/04/12 was for £60.72 but in actual fact I paid £120 on that day, as backed up by my online bank statement for that month, should I mention this in my defence and if I should how would I word this properly? Secondly because of the nature of the notice of assignment (no official logo, no traceble name, not very professional) is there a way to dispute the disingenuous nature of the letter. Your assistance will be greatly appreciated .Thanks Mike
  7. Can anyone help me on how to proceed with the following Recieved county court claim today from mortimer clark solicitors acting on behalf of claiment cabot particulars of claim by an agreement between goldfish bank ltd and the defendant on or around 25/11/2002(the agreement) goldfish bank ltd agreed to issue the defendant with a credit card.the defendant failed to make the minimium payments due and the agreement was terminated.the agreement was assigned to the claiment. The claiment therefore claims £XXXX I have a letter dated april 2008 stating cabot have bought the debt and that the agreed monthly repayment plan with goldfish bank now needs to be maintained with cabot. I have kept up the plan and have never missed a payment. I dont understand why they are now taking me to court can some one please advise how to proceed Thanks
  8. Hello all. A while back I defaulted on a Vodafone account, and now owe them a four figure sum. I haven't been able to clear the debt due to low income and focusing on priority debts. I can't remember if I received a default notice or not (the default is on my credit reports) but the amount that is in the letter of assignment is double than what is owed. The amount owed is on the default on the credit reports and the previous letters received from Vodafone, I'm 100% sure that the amount I was originally told I owed is correct. What I don't understand is that amount on the letter of assignment is exactly double of the true value of the debt. The default was placed in June last year so I can't understand why or how the amount owed can double in 9 months when the service was cancelled before June 2016. Can they legally double a debt when they sell it to Lowells? Any advice regarding this would be appreciated.
  9. Back in May I parked at Brockholes on a bank holiday, i hadnt been there before, it was full and as i pulled in before the car park there was a grass bank, where someone pulled out so i left the car there, spent an hour in the visitor centre and so on, then left, i didnt see anyone paying nor any ticket machines anywhere, nor any signs. The notice was dated 11 June 2 weeks and 2 days later. I wrote back to them explaining the above and they replied saying there are huge signs everywhere. .but without driving back i wouldnt know so i asked them for a pic or diagram they refused to give me anything said they were not obliged to do this. Is there anything i can do with this or do i just need to pay?
  10. Hi, I'm new on here and could do with some help, please. 12 weeks ago my friend ordered some parts for a roof extension he was making. He was verbally promised that the parts would be with him within the week. He paid a 20% deposit at this point. 9 weeks later the parts arrived and he was happy with them. 2 weeks ago my friend received a voice message from the company threatening court action if he didn't pay up. He then wrote to them (recorded delivery) to request an invoice as he planned to pay. This weekend they eventually sent the invoice for the amount plus £185 Court fees and £20.31 interest. They claim that they previously sent him an invoice. There was no Letter Before Action or any mention of one (if this is important?) My friend feels that he hasn't done a thing wrong and doesn't feel that he has to pay the court fees or interest as all he ever wanted, and politely asked for, was an invoice. Please can I ask for some help? Does he have to complete the court form or can he just pay the fee he believes is owed? Thank you in advance. Here are the details of the claim: Received a claim? Yes Issue Date: 2-10-2014 Amount approx: £5079 Claimant: Roof Trusses Solicitor: A C Jones Original Credit: Particulars of Claim: We manufactured and supplied timber frame panels and roof trusses to Dolycoed, Dolfor, Newtown on 8th September 2014 on behalf of the defendants who had ordered these from us. Our invoice TF4-34647A for the balance of £4874.22 remains outstanding - this invoice should have been paid on delivery. Despite numerous requests for payment nothing has been forthcoming. Neither party are responding to voicemails, letters or emails. We are not aware of any reason why this has not been paid. Interest is now payable at a rate of 5% per month as per our conditions of Business/Sale which currently equates to £20.31 Stat Barred? No Have sent: Other Info: 12 weeks ago my friend ordered some parts for a roof extension he was making. He was verbally promised that the parts would be with him within the week. He paid a 20% deposit at this point. 9 weeks later the parts arrived and he was happy with them. 2 weeks ago my friend received a voice message from the company threatening court action if he didn't pay up. He then wrote to them (recorded delivery) to request an invoice as he planned to pay. This weekend they eventually sent the invoice for the amount plus £185 Court fees and £20.31 interest. They claim that they previously sent him an invoice. There was no Letter Before Action or any mention of one (if this is important?) My friend feels that he hasn't done a thing wrong and doesn't feel that he has to pay the court fees or interest as all he ever wanted, and politely asked for, was an invoice. Please can I ask for some help? Does he have to complete the court form or can he just pay the fee he believes is owed?
  11. Hi, I was living in France and had a French Mortgage for 200,000 Euros in 2009. Unfortunately I lost my job and I had to return to the UK, I paid what I could to the Bank over the next few years, but one day in 2012 the Bank informed me that the outstanding Mortgage was paid off by an insurance policy. I rented the house out to tenants after making enquiries and paying a Notaire to see if the house was actually mine, I was assured it was and assumed that I had taken a policy out at the time of purchase. Last year I agreed to sell the house to my tenant, it was then discovered that the insurance company Credit Logement had put a charge on the house in 2012 for the outstanding amount of the mortgage they paid off plus interest. I have been living in the UAE since 2010, and my tenant in my house in France since 2011. Neither of us had received any notification of any actions or judgements against me. I was totally unaware of any legal proceedings whatsoever as the papers were served to an address in the UK, I hadn't lived in since 2010. We are in a stalemate situation at the moment with the Insurance Company threatening to re-possess the house since May 2016 but have they have not made any moves to do so. The Paris High Court served a Judgement against me in March 2012 with the insurance Company putting a charge on the Property's Title in August 2012. Does anyone know if these outstanding debts have a Statute of Limitations? Any advice would be gratefully appreciated. Badhorsey
  12. Hi Everyone Im hoping for some help on this please. I took out finance december 2015 on a vehicle, immediately fell into difficulties in January and had the car repossessed. I was in complete communication with the finance company, met the transporter to recover the car and kept talking with them throughout. They explained that there may be a shortfall from the resale of the vehicle which i appreciated I heard nothing for a month or so, but expecting there to be some shortfall emailed the company to find out what happened next . I then had a letter sent to my address from their solicitors saying a CCJ had been registered and that I had to reply to the CCJ that would be sent. Next thing I received was a CCJ had been awarded to the claimant asking for £392 a month to cover the balance of almost £8k - when only £9k was borrowed, the car was returned in immaculate condition and was resold almost immediately for over £8k (internet search showed this) I found out that despite having my correct address, the ccj was sent to my previous address. Where do i stand in having to pay back almost 90% of the finance despite no longer having the vehicle? And where do i stand that I have never had the oppurtunity to represent myself in court to explain that the vehicle was returned due to the fact that the finance company explained the shortfall would only be small and manageable? Thanks in advance
  13. Has the UK got the continuing-violations doctrine in its Laws. I was under probation with a company and I raised H & S issues. A lot of documented bullying occurred. My employment was later terminated and the director cited the contract I signed in which they have the right to terminate my contract without reason. Much later after the expiration of the time limit for the Tribunal I made a Subject Access Request. I discovered that my line manager has been telling lies about me all this time. And these are lies that are easily disputable (Like I was found sleeping while on that day I was over a 100miles away on training). In a personal review list done six months after I left the manager still wrote down a lot of easily disputable lies. Now if the UK has a continuing-violations doctrine or something similar, I will still be in time to take the case to the Tribunal. Please I would be grateful for any advice. Regards
  14. I'm a court appointed deputy for my husband. In 2008 he was placed under the court of protection due to a severe head injury, at that time he had a Barclays Bank account with an overdraft of £600. When the CoP was put in place he had been in to his local branch and they refused to serve him or talk to him. He was lied to about why and we only found out a few weeks later that it was due to the CoP which had taken over a year to be put in place. His original Deputy was extremely incompetent and cause no end of problems. In a nutshell they began paying his overdraft off at £15 per month but they continued to add charges and interest. In July 2104 the amount owed was down to £126 despite over £900 having been paid, the following month they changed the interest rate and his next interest payment was £18.75, more than was being paid into the account each month. His deputy failed to notice this. I took over as his Deputy in September 2015 and only discovered this around January 2016 when the previous Deputy forwarded a bank statement for him. I then sent required CoP court rulings showing change of deputy to Barclays, who basically ignored them and I also opened a complaint with them regarding the amounts and what had been paid etc. They offered to refund the amount owed and close the account, I asked that they return some of the money that had been paid as it was far beyond what was owed. They declined so the complaint continued. They continued to try and contact the prior Deputy, who having had their duty discharged duly stopped responding or indeed forwarding paperwork to me. The updated deputy court order they had received they continued to ignore. I again contacted them in May or June this year to be told that we now needed to go into the bank to process the deputy change. Which we did, they then very quickly sent through telephone banking details and immediately afterwards a letter saying that the account had been closed and that they would be taking action to recover the outstanding amount which had now built up to £405 overdrawn again. They have closed the complaint and are refusing to refund the overdraft that they had originally offered to do and have told me to contact the Financial Ombudsman if I'm unhappy. Anyone got any suggestions how to progress this please? I'm more than happy to open court proceedings. My husband, with my help successfully won a case against them after his head injury. For bank charges etc, so we're happy to go ahead with that.
  15. Hi I had an account with Vodafone (never again) and the 3g just would not pick up in my area along with the 70 mile train journey between norfolk and suffolk. I mean I know its rural but really in this day and age. vodafone said no they can't do anything and that I have to pay the full amount to cancel (£557) blah blah. I disputed saying hang on you're not providing a service and they just kept replying with we only need to provide a service at your home address. Hang on a MOBILE phone and they only have to guarantee service at your home address, very strange. I was told that if i didn't pay it would go to DCA etc. I'm in the middle of disputing this with Vodafone in february 2014 and I received a letter from a DCA. they have just fobbed it off to them to get rid of. I cough up and pay otherwise my credit report is going to be in tatters (which when checking they had already recorded a default against me). Fast forward to March and they refund me £185.74 for accidentally taking it when they shouldn't have. I then need to contact them in June 2014 and the first thing I am told is that I'm owed £185.74 hmmmm ok put it in my bank which they kindly did. 2 days later check the bank and £185.74. this means with my great maths that £185.74 x 3 = £557.22 (the amount the default was for) they have said yes ok you were right heres the money back but now I'm done anyway because of this default, is there anything I can do about it to get it removed Thanks Tom
  16. Hi there, friend of mine has been dealing with cabot for a CC, she has ignored them for some time recently been receiving letters regarding going to court from their solicitors stating the amount court costs would be, she is not worried about that as she knows it will be statues barred very soon but she has just checked her file on Clear score and the amount has been increased by the amount of court costs described in their last letter. Can they do this, add the costs on to her cra file before it's even been to court? Many thanks.
  17. My OH had previously been chased for an old outstanding amount of approx £3,500 in which she previously queried with HMRC requesting further details. No explanation was forthcoming and she received her new tax code details and in which they have deducted over £300 last month from her monthly pay in which has caused no end of problems and upset. Quickly looking at approx amounts it seems that they have set-up a repayment plan over 12 months, in which she cannot really afford at the moment. Can she contest the existing plan due to unaffordability and that it was previously disputed ? Shall I get OH to send a Subject Access Request to HMRC ? Any advice would be appreciated thank-you.
  18. Hi all Got a letter from OPUS saying they were increasing my rate by 6% and using the reason "Pass Through Amounts" increase (PTI). Havent got a problem with that as we already pay the CCL etc so figured it was another one of those, however upon checking the bill there is no separate PTI stated, its just a set 6% increase on rates. I have checked the T&Cs and it states they can increase 2 ways. First, they can increase if the cost of the supply is more than the contracted rate. However this doesnt apply. Second, they can increase if due to a rise in the PT Amounts. However shouldnt PTA be separated on the invoice, ie like the CCL? To me it just looks like a rise for nothing? I have queried this again with them as my first dispute re this was before I got the invoice and then I was told it would be listed separately. Now I have the invoice I want proof this is a PTI. Anyone else had similar issues and am I right in challenging this? They have a clause stating that I can cancel my contract if they rise in breach of clause 8.1, ie if the cost of supply is more than the contract rate. Thx
  19. I was receiving CT discount for being on IS. I paid £18 a month via DD on the first of each month. This month on the 1st, nothing came out. Recently my IS was stopped because of mum passing away and no longer being on CA. I'm wondering if my CT would have been increased to the full amount? They didn't let me know. I know on the 1st I didnt have enough in the bank to pay the full amount, So could that mean it has bounced? Thanks
  20. I received an unexpected later from my insurance telling me I should pay £525.23 (after my policy had been cancelled). I rang them up to ask what this figure was for, being told that my claim I had put before was because I was at fault. ??!! I had not been made aware of this before, neither is this in the handbook policy. Please help!!!! I thought insurance is there so it covers you up in case of an accident, whether your fault or not!! I am with only young drivers. thank you.
  21. Hi, The wife got a letter from CSS collect on behalf of DWP for an outstanding amount of £50, this was a fine for allegedly not telling them a return to work date which meant they overpaid 2 weeks ESA. We did accept that she was paid 2 extra weeks by mistake and promptly paid that back but disputed the £50 fine for failing to inform them of change of circumstances, we tried to speak to them many times about the matter and was promised call backs that never happened then we would call back etc and this carried on for a few weeks and we felt we did as much as we could to resolve the matter but were ignored. My wife is now worried about this letter and wants to pay it i think the issue is still with DWP and we have not had any dealings with this CCS company and i don't think we should pay it as the original fine was for something that was not our fault. We did contact DWP and they said they cannot deal with this anymore. Any help or advice would be much appreciated Thanks in advance
  22. Someone who signs on daily like me when he was in on Friday he was given a date to sign back on again after the holidays and he said to me the adviser who signed him on said the office for the computers use is open to Wednesday if u would like to use them he said no he can jobsearch at home she said something back but he can remember what but was he wondering will anything happen if he doesn't go in to use the computers? Or nothing can happen due to not been given a letter or a mandatory letter to come in to the office? He would like some info because he doesn't want to be worried about having money stopped.
  23. Hi Just a quick one.....bought a ticket for what i thought was 2.5 hours parking (on tariff paid for two hours and added extra 50p in case I went just over two hours, but next tariff was 3 hours and more than I paid) but if I now pay the fine can I take off the £2.50 I have already paid? Thanks in advance! Sam
  24. Looking for some advice please on whether this is allowed before I respond if a claim has been issued and a hearing date set, at the stage at which witness statements are sent can the creditor rightly and legitimately double the value of the claim within their statement and will the court allow this/take this into account when hearing the case? Cannot tell that any formal application has been made just the request within the statement...
  25. Our property got repossessed by Cheshire mortgages and after complaining to the ombudsman regarding the way it happened ombudsman said is an issue that they will not get involved and has to be resolved in court basically. After that we got a call from Cheshire saying they sold the flat and there are several thousands of pounds outstanding but they were willing to work with us and lower the amount to 168 pounds. We told them that we found it strange that they repossessed the property for less money than that (and refusing to accept any settlement offer from us) and now they were willing to write off double that amount. He kept asking if we are planning to take them to court we said we haven't thought about it yet and that we wanted a full statement of the account and a formal letter with the redemption figure and how they arrived to that amount. For a few months they kept saying they send it to us we received nothing we told them that they kept saying they will send it again. Three weeks ago I called them again they said they needed to ask the team that deals with this to re issue a figure because our previous one expired. And that in 5 days we will get a letter. Today I called them to ask for the documents again and I said o received nothing. The lady on the phone said we owe nothing and the account is closed. I asked if we will receive a statement and a letter confirming that she said no. Are all the above normal practices? Anybody who knows more than us maybe can enlighten us? Thanks
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