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Found 158 results

  1. Hello everyone, I have recently issued a small claim against a company, but do not want to go through with it any further. The defendant did issue a defence and requested for Mediation, but subsequently changed their mind. I was wondering if I can still issue a Notice of discontinuance (N279) form before the case being allocated to a track? If yes, which court do I write down? Should I send this via post to the Money Claims centre in Manchester or via email? I have been utilising the new beta Money Claims service, which does not provide information on the matter. I was wondering if anyone could assist me? I'm new to this and this is my first small claims case.
  2. Hi There, Been playing games with MBNA for months now on CCA etc and they passed onto PRA Group to chase, they have come back now and said the application was done digitally! Not sure where I stand now or what I can do? Thank you in advance for your help. Regards Steve H
  3. I recently went on Nat West website to inquire about a loan, I progressed it but decided not to go any further as the interest rate was too high so I didn't apply for credit. I then discovered that Nat West had placed a hard search on my file for a credit application. I disputed this with Equifax as I had not made the application, they told me to take it up with Nat West who then told me that is how they do things. surely this isnt right or is it? any guidance would be appreciated.
  4. Hi Guys In November, I applied for a post office credit card and was declined despite having near perfect scores with Experian and Equifax. I used an eligibility checker first and it showed that I had a 95% chance of being approved so I felt confident to apply. However, while filling out the application form I did notice that there were no fields to enter information as a self-employed person but I proceeded anyway by entering info about my self-employed status so it may be that they only approve those that are employed. I received a letter from them confirming the decline but they didn't give a reason. It said that they used Experian. For several years I have had an Aqua card and they have increased my credit limit quite substantially. Over the last 6 months they have sent me a letter every month encouraging me to apply for a loan for up to £5,000 using the loan code they sent. I want to apply for a loan because the rate is 3X lower than their credit card rate. However, I'm concerned about my credit score being negatively affected again I wonder if someone could tell me how much time I should allow before applying for credit/loan again. Your advice would be appreciated.
  5. Could you offer some advise on my situation please? I moved into a property in December 2010, and the Water bill was put into my name. I left this property at some point during 2014, at which point i had made no payments towards the water or been in contact with the water company. I've made good the debt now, ive actually cleared all my debts! My question is regards to the default date. The company placed the default in January 2016. They then applied for and won a CCJ by default in August 2016. I've raised a complaint as i believe the default should have been dated between March-July 2011. That is correct i assume? In regards to the CCJ, I have asked that they agree to have it set aside, as if they had placed the default on the correct date then it would have been statute barred. Im confident on my first point, how do you feel the second point (CCJ set aside) will be? I've already paid any monies i owe to them, but if they had placed the default correctly then it would have been statute barred before the date that they actually applied for it
  6. I found the threat about Fendy-v-HSBC https://www.consumeractiongroup.co.uk/forum/showthread.php?83821-Fendy-Can-I-Get-Statements-From-Old-Midland-Bank-Account-20-Years-Ago I was interested because i was a customer with Midland bank, then rolled over to HSBC when HSBC took full control over Midland Bank. I had a situation where, after rolling over to HSBC, i spent time away losing contact with the HSBC representatives who Dealt with my every needs (Year 1994-1995). I returned to HSBC in 1997 to open a new account, staff then did not want to provide me details of older accounts (1994-1995 accounts). i opened new accounts and lived my life avoiding the intimidation. In 2016 I read an article the HSBC can trace or locate Midland bank accounts, and that there is an Inactive account process where HSBC may hand dormant accounts to the BBA. i filed forms with HSBC and the BBA to see if they could locate the accounts. I was not asked, but the accounts i held in 1994-1995, the accounts i wanted to recover where frozen due to attempts of Unauthorized access. I only assumed they had gone in to dormant or inactive account process. HSBC representatives tell me The bank only holds records for a period of seven years, Unless i can prove HSBC holds records for a longer period of time. I referred to the Inactive accounts. Now HSBC Inactive accounts state that "If your account is in credit and has been dormant for at least 15 years, we may transfer balances of dormant accounts to Reclaim Fund Limited (RFL)" HSBC also claim that Yes Midland Bank became part of the HSBC Group in 1992; therefore we can help you trace any dormant Midland Bank accounts and reunite you with your money. how do i get in touch with the right people working for HSBC, to get reunited with my Money as, so far, They claim they can not find any records as HSBC only holds records for 7 years. Let me know if you guys know of laws or other i can highlight to get better assistance from HSBC who do not reply to me after i highlighted HSBC holds dormant accounts for at least 15 years.. I was trying to get back over A £ 1 million pounds, But i do not know how to get HSBC to find the account that was frozen during the 1990's due to unauthorized access attempts
  7. I took out a money claim to recover money owed. The Defendant hired a Solicitor who sent and acknowledgement and applied for extra time, 28 days, to file a defence, I made no objection to this application and the court never put it in front of a judge for ratifying. However, 28 days later when the date specified by the Solicitor on their sample order had passed, no defence had been filed, so I applied for the judgement to be made by default as no defence has been filed. The Solicitor then called me (4 days past filing date) requesting further information so that they could begin to put together their defence... (BEGIN to??!) and I pointed out that I had already applied for Judgement as they were now out of time (CPR 12.3 (2)a "The Claimant may obtain Judgement by Default where acknowledgement of service has been filed but a defence has not been filed and the time for filing has expired). The Solicitor said that the extra 21 days dont start until they are rubber stamped by a judge. Today I received notification from the Court that the request for judgement has been returned by the judge for referral to a District Judge. So, my question is: Where extra time is requested and not challenged, is it accepted that the extra time is granted by agreement? Or can this defendant solicitor continue to delay filing until they get a rubber stamp agreeing extra time? My reading of the rules that where extra time is agreed 28 days would be given, would apply where no challenge is made to the request for extra time. How do I challenge this and stop them late filing please?
  8. Hi all My mother died in September and I've been putting off applying for a probate grant but I've made an attempt at completing application for probate form, (PA1) https://www.gov.uk/government/publications/apply-for-probate-form-pa1 and Inheritance Tax IHT205(2011) https://www.gov.uk/government/publications/inheritance-tax-return-of-estate-information-iht205-2011. I've read HMRC guidance notes but I think I'm missing something when completing the online version IHT205 because it flags up that my mother's estate could be liable for Inheritance Tax. I've carefully assessed Mum's assets and liabilities and assumed that once these were entered online it would automatically make the deductions but it doesn't appear to do this. My mother and father took out an equity release mortgage which amounts to £175,000, the property has been valued for probate at £375,000 so I would assume that the mortgage and any other liabilities should be deducted from the property value and other assets. Does anyone know what I'm doing wrong? Should I deduct the liabilities from the assets myself before adding them to the online application? If not, I'll give HMRC Helpline a ring in the morning. Thanks for reading, hope this makes sense.
  9. A friend has been charged £27.56 in service/ call charges when applying for PIP over the telephone. I am aware that Esther McVey had been challenged regarding call charges with 08 numbers and I see that the government website has been changed to 0800 numbers now. However, I cannot see when the website was updated. Is there any chance of claiming these charges back from DWP/PIP as they are extortionate for vulnerable people who do not understand the implications of service charges on top of call charges?
  10. Hi All Received a letter from Mortimer Clarke today regarding a debt to Cabot Financial. Letter claims their client obtained a judgement against me on 04/02/2016. First paragraph says "Because you have failed to pay the judgement debt in accordance with the terms of the judgement our client is now entitled to take action to enforce the judgement order against you. Our client has instructed us to apply to the County Court for an Attachment to Earnings order to be made against you." Final paragraph says "If you do not contact us within 7 days , then our client has instructed us to apply for an Attachment of Earnings Order against you." Notes: 1. I have checked Trust Online for my current and previous 3 addresses and there are no ccjs registered against me. 2. I did not receive any correspondence threatening to take me to court, advising I was being taken to court or asking if I wished to defend and finally I did not receive a judgement. 3. The letter makes no mention which court they obtained the judgement from or any judgement reference number. 4. The debt is from 2007 and I believe it may well be statute barred now. Can anyone provide any thoughts or advice on how I should proceed at this point? kind regards
  11. Hi all. I am completely new here and just looking for some advice please. I bought a house in 2015 with no issues all went through with no problems. I went to view a new house on Sunday and approached a mortgage advisor who was going to go through our finances etc and see affordability for the new place, financially i knew it wouldnt be an issue. The advisor contacted me today to advise that I have an active CCJ on my account from 2014. And that due to this he couldn’t get us the mortgage that we needed. I download my credit report and there is a CCJ which I have never seen. My credit score is in the excellent category so I never had any idea that anything was wrong, I’ve never been refused credit in the time since it has been issued. I contacted the court who issued it today and they advised the company who lodged the case, I called them as I was already in a payment plan with them months before the date of the CCJ being filed. They have advised that I can settle the balance and the CCJ will show as satisfied which is better than active. Does anyone know if It’s too late to dispute the CCJ after 4 years of it being on file as I was making regular monthly payments to the student loan company before it was actually issued I did receive papers asking if I agreed to the amount owed and I stated that I did and was already in agreement to pay it back, i then received a letter advising to continue with the arrangement - no mention of a CCJ being issued. If I pay the CCJ and it shows as satisfied does this make my chances any better of securing a better mortgage or is it a lost cause now. Thanks for taking the time to read. Ps sorry if I’ve done this wrong or it’s posted in the wrong section . Nelly
  12. Hi all, I'm hoping someone can advise, back in October I applied for a loan through Admiral but the application was unsuccessful. My credit score (i use Clearscore) went down this month with a note saying: What changed in July 2018 : Hard Search performed by Admiral Loans for Credit Application The October application is showing the exact same information - why would they simply perform another hard search without my consent? and is there anything i can do about it? Thank you H x
  13. Hi all, firstly I'm posting on behalf of my step son & GF, as they are unsure of how to respond to/progress with their currently situation. Background BF / GF living with GF's parents. GF becomes pregnant. Both 'kicked out' - asked to find alternative accommodation. Accepted as 'Homeless' by the Local Authority, and that they have a 'priority need'. Currently in emergency Council-owned accommodation (pretty decent actually) in the centre of town. GF doesn't drive, BF has small mbike only. BF employed locally. GF was in college locally before pregnancy but now not. They have made applications to the Local Authority allocation scheme for housing, placed an interest bid on a property they were matched with, within the local area. Upon visiting, found it in poor condition, at the far end of a maze-type newish estate, and around 1.5 miles outside of the town centre. Please see attached the Local Authority letter, informing them that if they reject this property then the Council will discharge their obligation to house them. Since this letter has been received there has been a significant change of circumstances - BIRTH. GF has giving birth at 27 weeks ! A lovely baby girl, who is doing really well - as is mum GF & daughter are in a NICU approx 90 mins away from home town and will be for a substantial length of time. Clearly there will be a significantly increased requirement for local hospital interaction in the short term. Issue: BF & GF want to reject the visited property, but are worried the Council will them wash its hands of their housing requirement. Their reasoning is mainly that the location will leave GF isolated from amenities and her support network. Clearly the latter is now more important than it was at the start of the application, due to the significant change in circumstances. So, how do they proceed...? I'm presuming they should write to the Housing Advice and Homeless Manager specified on the attached letter, but what should they say..? Is there something standard available, or should they just blurt it all out and hope for the best..? Can the Local Authority really remove them from their care following such a change in circumstances....? Look forward to your comments... CLST1 2018-06-05.pdf
  14. Does anyone have a Barclaycard application form from 1990 please? I know it's a long shot, but sadly the copy they have sent me is unhelpfully more or less illegible for the relevant section, and I need the exact wording. What I can discern from it reads like you have to indicate in the box to opt out, rather than the usual indicate to opt in. The final sentence appears to say and the section is titled Here's how it looks:
  15. I was wondering what people were thinking of the letter I received from HSBC regarding a recent credit card application I had with them. In March I applied for a HSBC credit card in order to do a balance transfer after checking playing like Money Saving to see how eligible I was and came back 90/95%. After getting the reference number saying my application was being processed I left it at that expecting an email within the 5 days they would let me know. After over a week I heard nothing I called them to check. It was on this occasion I was told they had no record of my application. Unfortunately I didn't make a note of the first reference number but I never needed this before . After speaking to them they said the issue was I said that I had an account with them when I said I didn't. I have a mortgage with them and never thought of this as an account as such like an current account. It was only when I I was on the phone to them I looked at my mortgage reference number I never realised the 14 digit number was a sort code and account number together. I told them I was going to leave it then and got a credit card through the Post Office paid in 3 days! SI left it and then I got a letter from HSBC telling me my application had been unsuccessful. Funny that considering they said I hadn't applied. A month or so later I got a letter saying you have been successful in my credit card application! I didn't apply again and it appears that they randomly reapplied for me hence the attached letter. To me it seems they are running a little scared as they are offering me £100 in compensation. Yes this would be nice but I would think banks usually offer a minimum compensation and I'm wondering if I take this to the Financial Ombudsman may they be in bigger trouble and have to compensate me much more. Just wondering what peoples views on this are?
  16. Fully digital divorce application launched to the public England and Wales READ MORE HERE: https://www.gov.uk/government/news/fully-digital-divorce-application-launched-to-the-public
  17. Hi please can you help me, I have received a court claim from Arrow from Northampton Court, for the claim of £4900, issued 8 days ago was a bank loan issued opened up in 1998, , last know payment was 2008/9. I have not acknowledged this debt, or any comms from me to Arrow I have filed online that I will contest this claim, hopefully on Limitation Act 1980 can I now send off a CPR18 request to their solicitor ? what is should I be asking for in the CPR 18 ? All of the below 5 details ? 1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. 2.The deed of assignment 3.The notice of assignment 4.The default warning letter 5.The default notice (CPR 31.14 Request only worth doing if debt is over 10k. I may have this totally wrong..) I have read that some people think that a CC Agreement request letter is not really useful (sorry, I cannot remember their reasons for stating this) Is it worth it your opinion to request CCA from the DCA? shall I ring up my old bank and ask them for the last payment date ? thanks for all help in advance
  18. Hi, Can anyone offer me any advice on an issue I have with the FOS. I took out life and critical illness cover through a tied broker in 2012. In 2016 I claimed and my claim was turned down by the insurer as they did not know about surgery I'd had prior to applying for insurance. Trouble is both me and the wife know we told the brokers agent all about the surgery on the night he came to get our signatures after checking the application. I made my initial call on the 14/4/12, their agent visited my home on 17/4/12. The FOS got involved after my complaint to the company was turned down. The original sales phone call in which I tell the salesman about my surgery is 'missing'. The FOS adjudicator requested the application and signed declaration from the brokers. What she received (and accepted!) was amazing. Pages 1 to 5 were missing and the last 4 pages (the declaration) were scanned in such a way as to obscure the date in the top left hand corner. There were no other dates on any of the remaining pages. It took me 4 subject access requests to finally receive the complete form including dates. Their excuse for their inability to supply what I'd asked for previously was that their scanner could not scan complete pages the right way up!? On each of the replies to my requests the broker states the completion date of the form as 16/4/12 The FOS is not upholding my complaint. I've always maintained that I (and my wife who took out cover at the same time) told the broker and agent all about the surgery and that therefore, knowing that it was unlikely the insurer would offer me cover, the broker and/or agent altered the application without our knowledge. I even had a photo dated 2 days prior of the 4" scar on my part shaven head clearly visible on the night of 17/4/12! Turns out the date on the missing 5 pages was the 19/4/12 - a whole 2 days after my signature was obtained on the declaration. The date on the declaration was 16/4/12. This appears to be the date the declaration pages were sent to the agent and therefore the declaration was produced on or before 16/4/12. This is where I'd really appreciate some advice - the FOS Adjudicator and Ombudsman actually used the application/declaration in their decision. Can they do this?, should they do this? and where do I go from here? Thanks
  19. Hi there I have received a hand delivered envelope (I haven't signed for it, don't know if that makes any difference) containing a Simple Procedure Notice of Claim by Arrow Global for an Aqua credit card debt. I have never received one of these before and I am not entirely sure what it is. Is this a fishing expedition by Arrow to pressure me to respond - there are no court stamps on the letter or date to attend court. A Time to Pay application has been included. The amount they are asking for is more than the credit limit as on the card, I assume the balance is made up of fees/late payment charges. If I ignore it what will happen - is it likely to proceed to court? The balance is for £737.00. I took out the credit card in November 2014, Arrow say they purchased the debt from Aqua in August 2016 and that they have sent letters on 2 occasions in May 2017 to which they had no response - I do not recall ever receiving these letters. I did make repayments to the card, but same old story, I got into financial difficulty, they started adding on late payment fees and it all snowballed from there. I am unemployed at the moment and not claiming benefit as my live in partner works full time. I do not receive any tax credits, just child benefit for 1 child. Can anyone help me as I don't really know what to do here. I have until 14/09/2017 to respond. I have been reading the forums but there is so much information on there and I don't know where to start. Thank you.
  20. I signed a franchise aggreement (unfortunately) and I would like to know if the : personal guarantee`s that was included is legal, if it was not witnessed, at the time of signing, and their is no provision for a witnesses signature, is there a set format for this, and could it be deemed invalid and/or, not binding? when is a deed not a deed? Your advice would be welcome. Thanks!
  21. ello theoldgit : I have come across one of your replies in regards to Visa Application UK I was in UK under Tier 1 PSW permit until February 2014 , and had personal loans of GBP 2000 and un paid credit cards and phone contracts not more than 6000 GBP in total, I could not repay them since i left the country due to expired leave to remain . and I have checked on the trustonline.org.uk - i do not have any CCJ against me I am concerned this debt which I owe to the Creditors will hinder my new tier 2 (general) visa application Kindly advise me, will this debt will come under General Grounds of refusal - under Deliberate Debting your reply and advise will be really helpful and appreciated
  22. Hi I've just got a letter from HMRC regarding tax credit checks saying that they think my payments maybe wrong. I am on JSA and due to mental health problems applied for PIP taking the advice of my support worker. They want to see all my details,proofs of children living with me and proof of all my job searches since September. There was no change in my circumstances.The only change is my eldest turning 18 in January but continuing non-advanced education. They requested my details from 05/04/17. I have almost all the information they are asking for but receipts of spendings. Should I be worried?Is this a common process?
  23. posted on behalf of a friend after checking her credit file because she was turned down for credit. it showed she had a CCJ. and has applied to for courts for it to be set aside on the basis she knows nothing about it today she has received a letter off cabots solicitors confirming it was for a mobile phone and papers were sent to previous address. it states that the is no prospect of setting this aside and invites her to withdraw her action whats the next step https://www.photobox.co.uk/my/photo/full?photo_id=10030744201[/img]
  24. Concerning the issue of whether we are a casual worker or a an employee there is many criteria to consider for example the time we work for the employer, our skills, whether he employs us only in case of shortage or during peak time or he uses us in the normal running of our business...etc. However I would like to know if the conclusive evidence is not when the P45 has been issued because if it has been issued one year after the start of employment this means that we are now an employee. It is up to the employer to decide if he need us anymore or nor and as a consequence if he send us our P45 or not. If the employer decides because it is not convenient for him not to issue a P45 at the end of each project we could be consider as an employee There is also the issue of HMRC and in order the employer not to pay tax maybe a worker has to work only for a small period of time and not come back for a long time There is also the issue of the difference between temporary employee and a casual worker
  25. Hi all, I'm new to this site but I really need help. a few years ago I got myself into a right pickle with debt. I was young and stupid and when it came to having to pay, I couldn't. I have had letters from collection 'enforcement officers' which I haven't given a second thought, letters have been binned etc and we've since moved house. Yesterday morning two men knocked my door and handed me a form from the local sheriff court advising that I will be taken to court in order to recoup the money owed to the collection agency. They did not introduce themselves (later found them to be capquest agents from a clause in the paperwork) and I did not acknowledge the debt or confirm who I was in relation to the person they were looking for. What do I do? Where do I stand with this? The debt was bought by capquest in December 2012 from original creditor Very and I have had zero contact with either since defaulting on payment to Very in November 2012.
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