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  1. Mrs Echodale is being harranged by Cabot over HSBC credit card debt . HSBC agreed that if she made sixty payments of £xx then she could save £1800 and would not need to make any more payments after July 2018. She has honoured the agreement and made last payment as agreed. Cabot apparently bought the debt a few years ago and are chasing the £1800, they say they have contacted HSBC and have been advised that no such arrangement exists. We have the original Metropolitan/HSBC letter from 2013 and even though the onus is upon Cabot to 'prove it' we have sent them a copy. I think next step is to send a formal complaint to both organisations. Any advice welcome.
  2. Hi all Got myself in a mountain of unsecured debt so much as to a point now i cant afford the repayments. I'm resigned to a debt management plan as all the debts have been accrued over the past few years. Loans and Credit Cards are all currently up to date with no missed payments but that is going to have to give shortly as I'm close to breaking point. Been reading a bit on here and think im going to attempt either a self managed dmp or perhaps a charity one. Question is though how to start it? I do have a reasonable amount of disposable income so wouldnt just be making token payments but from reading other threads I know a dmp trashes my credit file so ideally want creditors to default my account as opposed to marking it as on an arrangement to pay with the credit reference agencies as then this in the long term will tidy up the credit file sooner for future mortgage changes etc. Has anyone got any experience in this. I kind of think I could stop all payments and wait to see what they throw at me in the hope i get a default and once defaulted put the offers to them or do i write to them telling them im struggling and set up the dmp and hope i get defaulted instead of the arrangement to pay. Thanks for reading
  3. Please help, I am at my wit's end. I contact Jacobs on behalf of my mother, who is disabled and mentally ill. I also cannot say all of the details because she isn't entirely open with me, somehow she has incurred Council Tax debts, we have been making payments to the enforcement company Jacobs since April 2017. These payments started after my mother had ignored the debt for so long, that bailiffs visited our address. I had to pay them a sum of money (somewhere in the region of £300, which I had to go into my overdraft for and am still facing the repercussions for to this day) to get them to leave our property. They did not take any items, and they did not make an inventory of items. I have been making payments each month of £20 since the end of July on my mother's behalf. Before that, we were paying more than we could afford - after sending off evidence of my mother's disabilities and low income, they agreed to let us pay £20 per month. Unfortunately, in December, we were unable to make the payment, I paid double on the 15th of January 2018 (£40) thinking this would be okay. The next thing I know, I have several missed calls from a mobile phone number and a voice mail ordering me to contact Jacobs before they send bailiffs to our address. The woman on the phone was awful - she goaded me to a point where I lost my temper, and insulted her. She was threatening to send bailiffs who would enter the property with or without my consent, threatening to send my mother to prison, and would not take 'we can't afford this' for an answer. On the 18th January, we had to pay £159.25 (which left us in an awful financial situation) to stop bailiffs coming to the address (as we had children on the property and I would rather starve for a few weeks than have them deal with that). From that point I set-up another arrangement so that we would begin paying £20 per month again, starting February 10th 2018, to be paid the 10th of every month thereafter. I made the payment on the 10th, and have a reference number for it. Today, we received letters dated February 9th claiming the agreement has been broken. I called Jacobs and the agent on the phone said I would have to contact collections, as according to their records, I should have paid the £20 on February 1st. He claimed that this is because there were 31 days since our last payment, which is absolutely not true. Between January 15th and February 10th, there are only 26 days. The phone number he gave me was for the same woman I had to speak to last time - I called her, and she was as belligerent and unhelpful as the time before. She said texts had been sent (not received) reminding us to pay, and said she would need to listen to our last call to ensure I hadn't agreed the 1st before she could do anything else. Surprise, surprise, there was no record of that call, and they're taking their own word over mine (despite the fact that I would not arrange to make payment on a day that we have no money in an account to pay with). We cannot afford to pay the charge they are asking for (in the region of £600) and we cannot have bailiffs visiting the property, as we have two young children (both under 6-years-old) in our care due to it being the school holidays. No matter how many times I ask to speak to a manager or someone other than her, this woman will not take the case further. So we're to expect to have people turn up at the property tomorrow to remove goods. Please, any advice you have would be much appreciated. I don't know how much more of this I can take.
  4. my partner is looking to apply for a mortgage soon I've been helping him look into his credit files etc. I noticed in 2011 he has some AR markers from Vodaphone. He can't, to the best of his knowledge, remember any such arrangement. Account opened: Feb 2009 Account closed: Jan 2015 Account status: Settled/Closed Following dates marked with 'AR': 2011 - Jul, Sept, Oct, Nov, Dec 2012 - Jan Dates thereafter: Feb 2012 to closing of account in Jan 2015 all marked as 'OK'. We've wasted two afternoons trying to get clarification from these jokers. Firstly on live chat, where they said they WOULD remove the AR markers as the account shows as settled (erm, right), but we'd need to call them. Same day called the number they suggested. 2 hours on the phone on hold and getting passed around, won't bore you with the details. Promised call back Tuesday, naturally they didn't call back. today we called back. Again, several hours on the phone - Not passed to credit file support team as requested. Listened to a load of waffle, then told credit file support team now closed anyway. Told will call back tomorrow, will receive a text with details. Haha, did we hell. I'd bet good money they won't call back. with the view of getting these AP markers removed , what would you suggest is a good course of action to take? As it stands, I've just typed up a SAR request which we will send with proof of identity tomorrow. Anyone had experience with this sort of thing? I'm doing my usual trawling of the forum for similar cases. Many thanks, as always.
  5. Hi all Just wanted to make people aware of an underhanded way the EA tries to make you default. History I finally took the general advice from BA and Dodgeball, and come to an arrangement with the EA company dealing with the 3 historic LO's. Which in the main is advice After alot of barriers put in my way, I was passed to the welfare department. I sent in an I & E with at the time a surplus income of £12.00 per week. Rossendales in there wisdom wanted £16.00 per week. Again speaking to the welfare and in turn them speaking to the council , it was agreed that I would pay the minimum £3.75, on one and the others put on hold. I was informed that the arrangement would be reviewed in 12 months, quite happy with this. Moving forward to today Today I received, two letters stating that they have not received my latest payment under the previously agreed arrangement. Checked the bank statement online and money has been paid as agreed. I have since found out that without any communication to myself, from either the council or Rossendales that they had lifted the hold on the other two accounts. They could not have taken any extra as on Standing Order, so they could not have collected any more without informing me. When speaking to one of there operators, I was lectured in a demeaning way, and after explaining the agreement that had been put in place, finally he spoke to the welfare department, and the operator explained the above. Then threatened me with enforcement if I did not come to an arrangement. If I had been away I would not have known and further fees would have been added. I have now come to the agreement that I will send in another I & E, and the account is now on hold until 6 september. So Please Be aware of this tactic to make you default. Leakie
  6. I received a letter from Jacobs today regarding our current arrangement for council tax debt. I'm extremely frustrated, I have never missed a payment with them and even now our current arrangement is a bit of a squeeze, but I pay non the less. Letter dated Aug 2, 2017. I really cannot afford to pay anymore than our current arrangement, I'm obviously going to call them but, I'm not sure what to say/do I can't deal with Bailiffs at my house again, I was a mess last time.
  7. I had a Citi card which has been Opus for some time now. I have never had an Opus card but have just been paying of the old Citi balance. Due to an ongoing divorce I wrote to Opus asking for a reduction in my agreed monthly payment from £50 to £25 and they replied agreeing to this request. Since then they have twice threatened to default the account saying that I am not making the minimum monthly payment. However when I spoke to them yesterday they agreed that they have frozen interest and charges but were not able to tell me why I was not making the required payment when it is what they have agreed to in writing. The lady said I was in breach of some agreement I have never heard of. They are threatening a default and to sell the debt. What is the best form of response please.
  8. Morning all, long time lurker first time poster... I have been repaying my water company debts through Marston, until last week was regularly repaying £85 on the 21st of each month. Then I switched jobs to work for the NHS as a bank support worker. The pay is much better than my previous employment, but the NHS isn't run like a private company, I recieved my first paycheque this morning, two weeks late because my line manager had been too busy to complete my registration. I wrote to Marston to tell them this and said I would be able to pay today (the 1st) and even offered an additional £50 for the inconvenience and to get proof of the delay from my employer. They replied and said my letter had been passed on to their client, but in the mean time told me that as I had not held up my end, the agreement had been terminated and they would proceed with enforcement for the full balance of around £3200. I made my late payment anyway and offered to increase my repayment to £100 due to my new job, now terrified they are going to ignore this and show up, take my (£1000) car and try and get into my house for my goods. I have been on antidepressants for over ten years and while I am currently dealing with my mental health problems, this sort of issue is exaclty the type that would make me stop going to work and ignore everything once more, which will only make situations like this much worse. Any advice on what to do next would be gratefully received.
  9. Hi, Looking for some advice. Back in late 2010 my finances hit the skids somewhat and I've been trying to recover ever since. I had large debts mostly on credit cards and negotiated reduced repayments on all of them. 4 of the credit card companies defaulted - these defaults will drop off my credit file over the next year or so once six years has passed. However Barclaycard never defaulted either of the two accounts I have with them. Initially I made token payments of £1 for 3 months on each account and then agreed a reduced monthly payment after this. My credit report on Noddle shows 1 month late, 2 months late, 3 months late and then AP markers from January 2011 until November 2014 when I attempted to start making normal repayments again. I have since reached another agreement with them for reduced payments from January 2016. My question is whether or not Barclaycard should have registered a default with the CRA's back in 2010/11 and in that case these accounts should have dropped off my record within the next year or so. Instead of which they will go forward for years to come and affect my credit rating in the future. Can I get Barclaycard to issue a backdated default and put me in the same position I would have been if I'd paid them nothing in the last 5 years, rather than the more than £10,000 I have repaid to them. Any comments or advice gratefully received. J
  10. I'm in a situation with Newlyns. Because of an ON/OFF relationship I've not been getting a lot of post, and a parking ticket seems to have slipped through the net and now its at the warrant of execution stage. I still didn't know until i was parked up at the side of the street last week and a spy knocked on my window and introduced himself to me as agent 007 (not really) from newlyns and that ANPR had picked up my details and i owed £400. He gave me his mobile number to "deal with it" and sent me a reference number. I called the office and set up a payment arrangement with them to pay £50 per month (8 payments), on the understanding that they send me something in writing which states that enforcement action will stop whilst I'm up to date with payments. they said id have to email in. Payment due on the 8th... still nothing this morning i rang again and spoke to "Colin The Manager" who told me he couldn't send any such email/letter because the council have to vet everything they send. I told him I'm not sure how i can be protected if theres nothing in writing stating so, and he just said "ok ill take the arrangement off and your vehicle will be seized" Banter occurred where i said "ill hide the car" "Then we will take your goods" He said "How?" i replied "By coming in and taking it" he said. "And you think ill let you in" i said "we have ways" he said scarily. blah blah blah They wont send me this tiny little piece of security i asked for, i'm asking if I should be worried or is everything likely to be ok if i keep up payments. thanks UKD
  11. Hello CAG I haven't posted on here for a while, hoping you can help. I’m writing to complain about the way Barclays have reported the payment history on my Mortgage. I recently applied for a credit card and got refused; I signed up to ‘Credit Expert’ and spoke with one of their representatives who said the reason I was declined was probably because I have not been keeping up with my mortgage. Although I have had some difficulty in the past when I lost my job in 2009, I have not missed a mortgage payment in over six years so I thought this was odd. In 2009 I lost my job and was unable to pay my mortgage and, after a number of missed payments Barclays obtained an order of possession. Fortunately I regained employment and was able to strike a deal with Barclays just in time to fend off repossession. This deal was to pay my full mortgage payment plus an extra payment towards the arrears. This was under a suspended order of possession. I believe this is defined by the ICO as a rescheduling of the agreement. Barclays have agreed to reschedule the terms of the agreement for the medium to long term, in this case 4 years, in anticipation that the arrears would be cleared and I would return to the original level of payment and some of the arrears were recapitalised. It states quite clearly in the ICO guidelines how this arrangement should be reported: - The credit reference file should record the correct payment history up to the time of the rescheduling. - The account should be marked to show a new arrangement has been made, and reflect the modified repayment terms. - Any record of monthly payments after the reschedule should reflect payments made against the modified agreement. - Where a rescheduling of this type breaks down, a default may be filed when the total value of the arrears is equivalent to three monthly payments under the original terms. However, this should not result in the customer being placed in a worse position than someone who has made no effort to pay whatsoever. Yet Barclays have been reporting each payment as an ‘Arrangement to pay’. This is not factually accurate. An arrangement to pay is defined by the ICO as a temporary this involves a temporary, short-term (up to six months) arrangement where the lender agrees to accept reduced payments. Arrangement to pay markers imply that I have been making reduced payments towards my mortgage and that I am accruing arrears each month. This is not the case. Please advise. This is a major problem for me, the last AP marker was September of last year. This will be on my credit file until 2020. If I had known this was going to be how things would pan out, I would rather have defaulted in 2009 and had a clean credit file today. Its ridiculous that some one who defaulted six years ago is in a better position to some one who has paid off all the arrears.
  12. My husband is soon to become self employed, he will still be employed through a company though, he is currently paying 264 pcm to the ex via a private based arrangement, obviously we dont know if at first, we can afford to keep paying this amount as its likely to be tough to build up business. Do we still have to pay this set amount? Although its a private arrangement the ex still forced him through the CSA to do the calculation only. and we pay her direct to her bank. Please dont advise talking to the ex, they are not on speaking terms and she wants to screw him for every penny she can regrdless of income or hardship, and she will not take him moving jobs into account even in the short term so he could maybe pay her more at a later date when he is established to make up for any shortfall just now. Also the child in question i very much doubt she is receiving child benefit for as her current partner is likely to be a Higher rate tax payer and surrendered it, so how does that leave us in the future when the csa used to depend on the receipt of this to extend payments up to age 20 if still in education? Unfortunately we dont get to see the child any more as she has made it so difficult for everyone and he is emotionally damaged by her so he pretends he cant hear his dad on the phone or says he doesnt want to see him for visits, its so sad.
  13. Hi, I am currently in the process of beginning to tackle my debts and clearing up my credit file, with the end goal of getting a mortgage, admittedly in a good few years! I have a number of defaults from payday loans which are due to fall of my credit file in 2-3 years. However, I have been considering entering a DMP or TDP with a debt charity. However I am unsure if this would just mean the debts would be visible on my credit file for longer. If I enter a arrangement to pay with any of the creditors that have registered a default, will that just start the 6 year countdown again. So instead of falling of in 2 years, will it then mark as AP for a further 6 years from the date I entered the arrangement. The same with satisfied, or settled defaults, will it be 6 years from the date of being satisfied. Basically, by agreeing to repay the debts am I going to have a black mark on my credit file for longer than if I just wait for them to fall off? Any advice would be much appreciated. Thanks in advance.
  14. The bailiff regulations (that came into force on 6th April 2014) provide a simplified fee scale that is the same for arrears of council tax, non domestic rates, local authority issued penalty charge notices and Magistrate court fines. How much are the bailiff fees? Compliance Fee: £75 This fee is added to the debt as soon as the account is passed to the enforcement company by either the local authority or the magistrate court and will appear on the Notice of Enforcement. The ‘amount oustanding’ will therefore include the Compliance fee of £75. Enforcement Fee: £235 (plus 7.5% on amounts exceeding £1,500) If full payment or a payment arrangement is not agreed during the ‘compliance stage’ the debt is passed to an individual bailiff/enforcement agent. When he makes a personal visit to the property, an ‘enforcement fee’ of £235 also becomes payable. How is the ‘amount outstanding’ calculated? The new regulations state clearly that the ‘amount outstanding’ includes the amount of the debt from the local authority or the Magistrate Court and the enforcement agent fees (and costs) calculated up until the dtae of payment. Making a payment arrangement. After the debt has been passed to the enforcement agency, a Notice of Enforcement will be sent and the ‘amount oustanding’ will include the Compliance fee of £75. The letter (NoE) must state a date and time by which payment (or a payment arrangement) can be set up. This is referred to as the ‘compliance stage’. All companies should be willing to accept a sensible payment arrangement during the ‘compliance stage’ and in most cases; will accept a payment plan over a period of 3 months and in some cases, 6 months. It is worthwhile providing a simple Income & Expenditure with the payment proposal. Due to the strict time frame, payment proposals should be set up either over the phone or by email to the enforcement company. It is at the 'compliance stage' that any 'vulnerable' circumstances should be brought to the attention of the enforcement company and evidence provided. Payments made will be split on a ‘pro rata’ basis. As outlined above, once the debt has been passed to an enforcement agent, the ‘amount outstanding’ includes bailiff fees. Of significance is the fact that the regulations state that when a payment is made, it must be split on a ‘pro rata’ basis with the Compliance fee of £75 being deducted first, and the balance split between the debt to the either the local authority or the Magistrate Court (in respect of court fines) and the remaining bailiff fees. Making payment direct to the council or the Magistrate Court. As outlined above, once the debt has been passed to the enforcement agency, the ‘amount outstanding’ includes bailiff fees. Following a Notice of Enforcement or a personal visit, some debtors may decide to pay the council or the magistrate court direct in the belief that in doing so, they can avoid paying bailiff fees. In the very early days of the regulations (April 2014) this method of trying to avoid bailiff fees may have worked but now, very rarely (if ever) succeeds. Generally, the local authority will immediately advise the enforcement company that a payment has been received by them, and the enforcement agency will allocate that payment in line with the following example: Example of how payments are allocated: Liability Order/Magistrates Court fine issued for: £525. Notice of Enforcement sent and with Compliance fee of £75 added, the ‘amount outstanding’ increases to: £600 If full payment or a payment arrangement is not set up during the ‘compliance stage’ the account is referred to the enforcement agent/bailiff for a personal visit to the property. An Enforcement Fee of £235 is added and the ‘amount outstanding’ increases to: £835 Payment is made direct to the local authority/magistrates court of £525 (being the amount of the Liability Order /or court fine). The Compliance stage fee of £75 is deducted at source and the balance of £450 is split on a ‘pro rata’ basis with approximately 70% being allocated towards reducing the debt to the creditor (ie: the local authority or magistrates court) and the remaining 30% allocated towards reducing the bailiff fees. Can the bailiff take enforcement action to recover 'his fees'? As outlined above, once a warrant has been passed to the enforcement agency, bailiff fees becomes legally due and the ‘amount outstanding’ includes bailiff fees. The enforcement regulations have made it a statutory requirement that all payments should be split on a ‘pro rata’ basis. Accordingly, unless the ‘amount outstanding’ (which includes bailiff fees) is paid in full, the warrant has only been part satisfied and enforcement action can legally continue. It needs to be made clear that paying the local authority or the magistrate court direct does not mean that the warrant has been satisfied. All that it means, is that a part payment has been made against the amount outstanding. It is as simple as that. Note: It is important to be aware that with magistrate court fines, if payment is made to the Magistrate Court (either in person or online) after a warrant of control has been issued, all courts now forward the entire payment to the relevant enforcement company so that the enforcement company (and not the court) can deduct their fees in accordance with the ‘pro rata’ provisions as outlined above and allocate the balance towards the court fine. Setting up a payment arrangement and whether you can pay the court or the council direct -------.pdf Before Printing the PDF TIP If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following: Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out). Note: This will save you Ink & Paper
  15. Hey all. I'm so sorry if this is the wrong place to ask but I had no idea where to put it so please feel free to move it to the correct place. I am currently working in a temporary, full time position with the possibility of going permanent after 3 months. While I'm temp, I am "under" Manpower, if/when I go perm I then get took over by the company I am working for. Manpower use the TSA Scheme but I'm having a few problems and I hope someone can help me. I have been paid 4 times (I worked 1 week in hand and get paid weekly while temp). My first wage and TSA was correct: TSA Allow: 34.60 - A TSA Adjust: -34.60 the allow and adjust matched but the next 3 payments have not matched: TSA Allow: 43.25 - M TSA Adjust: -47.58 as you can see, what has been taken out is greater than what has been put in, which means I am short by almost £5 per week. I asked our point of contact for Manpower if the allow and adjust should be the same - she said yes and said she would look into it for me but I havent heard anything from her for 2 weeks. Now I am emailing the whole team as advised for someone to help but I'd like some info in case they are trying to pull a fast one. Can anyone who knows about TSA explain or let me know if the allow/adjust should be the same or if they are meant to be different and why? Is the above TSA correct and I'm worrying about nothing? I've heard so many bad things about Manpower since I started my new job that I'm worrying they may be taking money from me (and others). What rights I have and what I do about it if all this is wrong. Any help/info is appreciated. Thanks.
  16. Hi there everyone, I'm on an arrangement to pay with Aqua Credit Card. I have been reading lots of things last night and its now come to my attention how negative an arrangement to pay actually is. I have had the arrangement in place since September 2013 and still have a balance of £700 paying £12.52 per month on the arrangement. Am i right in thinking that it might best i intentionally default the account so it registers as a default instead of having the arrangement to pay marker on their every month, As once the account is cleared the Arrangement to pay marks will stay for a further 6 years. Instead if i default it for example next month it will stay as a default and then i can still make the payments but the default will then come off after 6 years. I'm trying to get the best possible advice on this before these AP markers keep being added on. I would like to think i could have the option to get credit in the future, I've managed to sort a few debts out and things are slowly getting there, but if these AP markers are going to stay on for 6 years once the account is settled then i really am unsure what to do. I hope someone could possibly share / give some advice. Thank you.
  17. Morning All, Hope you can help. Rossendales due today! Debt council tax relates to 2014/15, I was signed off by G.P for stress and anxiety after suffering post traumatic stress following a dreadful experience. I have all doctors sickness notes. The debt is due and I accept full responsibility for not acting correctly, I was not dealing with anything to be honest. Was on ESA now on JSA. O.k Sums outstanding to council £232.00, Rossendales added £75.00 compliance stage fee total due £307.00. I phoned Rossendales ofice explained my position, office refused to speak to me as now with an agent. Phoned spoke to the Baliff, he refused to accept a payment arrangement over phone and insisted on coming to see me in order to make a levy of goods and would then enter an agreement, however they would charge a £235.00 levying distress fee, making balance now due at £542.00. I phoned the council asking if I could make an arrangement, they advised "now with Rossendales, we cannot intervene." After my bad time, I am now trying to take control and I'm going down to the council personally this morning, what I found and I need help with please is the following:- Council tax guidance - Rt Hon Eric Pickles, "Local authorities should remain and prepared to deal directly with individuals at any point" Does this mean I can insist that the Council call back action from the Baliffs and make an agreement with me? I also have Guidance regulations 45 (b) section 5 (admin & enforcement) regulations 1992 (amended 2006), from these I am a little confused regarding how much the Baliff can charge for the Levy, section 2 a) does not exceed £100 = £12.50, b) 12.5% on the first £100, 4% on next £400, I don't need to go any further, are these charges based on original balance owed to the Council of £232.00 or to include Rossendale fee of £75.00. I may be wrong but I don't see how Rossendales can insist on coming into my home to charge this £235.00 ? I am willing to fight and pay but don't want to quote anything which is incorrect and look an idiot. Baliff due back today, can anyone advise please. Thanking you in advance.
  18. Hi everyone I have a dilema I could use some advice with. I challenged a Default with QuickQuid for a previous PDL which was Defaulted in 2012. My argument was that they had failed to act responsibly by preventing me from setting up a payment plan until after the account was sold and a Default had been filed. Had they agreed upon a repayment plan the account would have been settled within a couple of months without any Default being registered or the account being sold on. Ultimately my complaint was escalated to the FOS who, in agreement with QuickQuid, have agreed the best course of action would be to set up a repayment plan, remove the Default from my Credit File and update it to "Arrangement To Pay". Although I am more than happy to see the Default gone and clear off the balance my concern is how much negative impact the "AP' status with have on my credit file. If i was able to clear the balance after 6 months and close the account it would still show the "AP" status for a further 6 years, however, the Default will be gone in 3 years. How detrimental an affect will the "AP" status have on my file? Would it be worth while accepting this agreement or better waiting out the Default? Thanks Guys
  19. Hi I have pasted a letter that I have written. Basicly I am not sure if this is the norm but my Mortgage company are charging me £50 for each month that i am in arrears. I have currently got an agreement set up with them via a court repo hearing and it turns out that I will apying the arrears for 5 years and the whole time they are charging £50. So I have decided to complain to the FSA for unfair contract terms and if they have a go at Kensington then I can apply to Kensington to stop charging. Well thats the plan anyway. Can somebody look at my letter please and see what you think before I send it Also if anybody else is in the same position feel free to send it aswell. The more the merrier. The Olives Our Street Our Town ESSEX AC12 3CD 1st March 2008 Dear Sir/Madam I currently hold a mortgage with Kensington Mortgage Company. I am writing to complain about one of their terms and conditions. I have enclosed a copy of both the terms and conditions of this mortgage and a copy of the loan agreement. In section 4 Key information it states the default charges. The first charge is a £50 monthly arrears fee. On both the agreement and terms and conditions this is the only place it is mentioned. At the time I felt this fee was for missing a payment. I am now in arrears and have since discovered that in fact this fee is charged for the total length of time you are in arrears I feel this is unfair because this is still charged to the account even if you have come to an arrangement to pay the arrears. For example if I owed my mortgage company £500 and I offered them £50 a month for 10 months to clear the arrears my mortgage company would be continuously adding £50 to the account for those ten months. Therefore the payments I had been making would not have really cleared the arrears and it would take me a further 10 months to get the mortgage to what it should be. By adding this charge to the account they are also receiving interest from their own fees. I also see this as unfair. I asked an advisor from Kensington about this charge and she said it was for the additional work involved in running an account that is in arrears. Even if the account with its payment towards the arrears is being paid on time each month they still place this charge making it very difficult to clear any debt. Myself and many more feel like this is a penalty. Therefore I would very much appreciate it if the FSA could look into this matter. Yours sincerely
  20. Am 60 and on ESA. I sold my house for £51,000.I have moved in with my daughter and partner and paid them £45,000 to house me for the rest of my days.Because of my change of circumstances I am filling in ESA3 and a form for council tax help. We are seeing a solicitor to draw up our arrangement legally. But I don`t know what form this should take.I am in danger of being accused of gifting her the money. Do I go for a Declaration of Trust, a lease or tenancy agreement or what ? I have spoken to 2 solicitors on the phone,one who just told me to go elsewhere, and a Welfare rights solicitor who told me to deal with it at a tribunal.Surely there is some way I can satisfy Benefits. I want something to prove our arrangement for my own peace of mind too.
  21. Ok so a few weeks back I came home to find my car clamped...... They wouldn't say who they were, just sat in their van being arrogant. So I came in the house and my OH says they are bailiffs..... Me panics thinking what the heck for? So I ring the council tax and they say yes I owe £324.... From 2007?!?! So go outside and they then tell me who they are however the debt is not mine, and that if I get some proof the car is mine they'll remove clamp.... So get v5 and they say this is not proof of ownership. Anyways an hour later they tell me it's my partners debt for a previous address, and they aren't leaving. I then call my grandad, who pays the bill to get the clamp off, as they said tow truck is on way to take my car!! That bill was £891!!!! Ouch! Oh £300 of that was charges!!! Forward 2 weeks, guess what comes through last weds.... Rossendales letter re: my £324 that I was go bs pay end of this month anyways, only now I can as I've had 2 visits worth of charges. When he made 1st visit I called him and said if you wait till 29th I'll pay it, bailiff said this is not good enough. He gave me 3 options, pay it now, let him in do possession thing and instalments (not million years!), or leave it and they'll seize goods. So forward to Friday just gone, got a 5 day notice. Firstly what does this mean? Secondly, what shall I do? I'm happy to pay council £25 a week, or in full at end of month. Will they come after my car again? P.s I never even open the door to these people.
  22. Hi all, I have had an arrangement in place for five months now to pay off a Santander credit card, I received a letter last week from their collections department advising me that as I am experiencing financial difficulties and therefore wouldn't be making full payments on my account, I had breached my agreement and therefore a default is to be registered. I wrote to Santander to challenge this, to which their complaints department replied (with one or two slight grammatical errors, so presumably handwritten) saying that I'd received nothing more than a standard letter which is generated every 3-6 months to inform me of the state of my account and are nothing to be concerned about. The letter goes on to confirm that I have an arrangement in place (that has been paid on time, every time, as agreed), but that a default will be placed on my account as I have an arrangement in place with Santander and that this cannot be stopped. If I am making regular, albeit reduced payments that they have agreed to, then surely it isn't right that a default should be registered? I was under the impression that defaults were for complete failure to pay. The letter I received seems to contradict itself. Any help would be appreciated. Thanks.
  23. Hi all I've recently had a reply from WFSL to a charges reclaim and they've come back with the attached "Scheme of Arrangement". Having a look around on this site, I've noticed that some have been refunded unfair charges before the start date of the scheme, which is 2nd March 2011, and others haven't. On my letter it states: "During my investigation I have taken into account the date on which any relevant fees were charged to (and subsequently paid off) your accounts. This is important because the date on which each transaction occurred may affect whether we are able to offer redress." "Welcome Finance entered into a 'Scheme of Arrangement' (The Scheme) as of 2nd March 2011. As the above accounts had fees applied/paid before this date I am unable to investigate this account due to this Legal Arrangement." Does anyone understand what this is all about, as I'm baffled? Many thanks
  24. Hi all. Around 2 weeks ago I recieved a letter from Jacobs bailiffs due to non payment of council tax 2 and my previous property. I called them promptly and we agreed, over the phone a payment plan of £20 a week. This was to be paid by standing order and I would await confirmation of the payments and the necessary info to set up the payments. I didn't receive any such info and tried to call a couple of times to no avail. I have now recieved the following notice. BROKEN ARRANGEMENT AMOUNT DUE £694. you have not maintained your arrangement to pay 20 every 7 days. Your arrangement is therefore cancelled and WILL NOT be reinstated. If full payment is not received in 4 days a bailiff will attend to recover full payment or remove goods. I had an arrangement around half a year ago with items levyd at my old property. That agreement was fully paid and settled. So am I right thinking there is no current levy in place? No bailiff has attended my new home. I intend to pay what I owe yet cannot without the right info and confirmation of our agreement so how have I broken a contract? Help! I'm desperate and really worried now..
  25. A few years ago I had an unpaid tax bill of around £6,000. I & HMRC came to an arrangement and they (because I wasn't working anymore) agreed I cld pay this off at £100 per month, which I have done every month (amount now owing is £1,600). I have this in writing from HMRC. They send me a statement every 3 mionths to let me know how much I still owe. All well & good...no because at the beginning of April I rec'd letter asking for full amount, rang them said to ignore it, end of April same thing, rang them and bloke said must be a mistake and not to worry just keep on paying my £100 a month and he would "sort it out" at his end. Sigh of relief...no because this a.m. rec'd a letter saying that I have to pay this in full otherwise they will send a debt collector around!!!!!! I rang them yet again and was told exactly same thing ...not to worry...will sort it out...just ignore the letter!!!!! All well & b---dy good but after the 1st two calls still haven't sorted it out otherwise I wldn't have got this letter . I told him that this was harassment. Now if they take it further and do send a baliff/debt collector etc what are my rights if I am in an agreement wit HMRC. I am not disputing I owe the money, I do, but can I tell debt collector or a baliff to b---er off or words to that effect! Help needed please.
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