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  1. I have just joined the Community here for your thoughts and we thank you in anticipation of any help you may give. We had a questionnaire from Abbey Life regarding enhanced annuity. They state on the bottom of the letter with the enclosed questionnaire - 'Abbey Life did not offer enhanced annuities, but one may have been available to you from another provider if you were eligible, and therefore you may be due compensation.' So we wrote to them saying we consider we may have been entitled to an enhanced annuity via an Independent Financial Adviser. (They do say this questionnaire is in relation to the purchase of your Abbey Life - Joint Annuity.) They have now phoned because of the letter and we have arranged to talk to them Friday afternoon. 1. My husband had a Waiver of Contributions implemented as a result of an accident before he reached retirement age. He does not get a huge amount because he only took out what we could afford at the time . We had hoped to increase it over time, because his employer did not offer one, even so we were pleased we did a Waiver of contributions option. Note: He went onto have a TIA and now has a pacemaker. I also went onto have breast cancer in 2007. 2. Looking at the questionnaire in our mind it was not relevant - we thought he was committed to Abbey Life. In fact it starts off with 'Why did you contact Abbey Life ......' So our question is - (a) this person from Abbey Life is saying he could help us over the phone to complete the questionnaire. But we are wondering if we should be seeking independent advice now? (b) being my husband was already on 'Waiver of Contributions' then is he in a different category? Any thoughts would be appreciated.
  2. Hi, First of all, thank you for the support you all provide through this site. I have received a Parking Charge Notice from CPM (UK Car Park Management) for 'Unauthorised Parking' in a small car park. The bays are unmarked and the signs are barely readable attached high on the walls in small prints. I am the registered keeper but not the driver of the time. The issue date was last year June 17 and was for £100 or reduced to £60 if payed in 14 days. It was sent to me in post with two pictures of my car in the letter. The reason was 'unauthorised parking'. Since then, I received another letter called 'Formal Demand' roughly after 40 days of the first letter where it says to pay £100. Then I started receiving 3 DRP letters (2 in sept and 1 in Oct 17) asking to settle payment of £160. Following that, I received a letter from Gladstone Solicitors in Nov 17 asking me to settle payment of £160 and then another 'Letter before claim' in June 18. Taking advice from other forums, I decided ignore them and I never contacted or reply to any correspondence thinking that they will stop. Now (Sept 2018), I have received a Claim Form from County Court Business Centre, Northampton asking to pay CPM £174.67 + £25 court fee + £50 legal rep fee total of £249.67. I have kept all evidence of letters and pic of the car park including the sign they have up. I need advise on what to do next. I have read different threads and you tube videos and all saying this is fake court. The court logos are blurred out and looks like the letter has been copied. Is this a actual court? The letter contains moneyclaim.gov password. Please can you offer me advise om what to do next? I have 14 days to acknowledge of service then submit my defence. I can upload pics of letters and photos upon request. Please speak to me in layman's term as I don't fully understand the process. Questionnaire: 1 Date of the infringement - 23/06/2017 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 10/07/2017 3 Date received 13/07/2017 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] - not anywhere in the letter far as I can see 5 Is there any photographic evidence of the event? - They took two pictures of my car and printed them in the letter 6 Have you appealed? {y/n?] post up your appeal] Have you had a response? [Y/N?] post it up - I did not respond at all 7 Who is the parking company? CPM 8. Where exactly [carpark name and town] - 93-101 Greenfield Road, London For either option, does it say which appeals body they operate under. - BPA If you have received any other correspondence, please mention it here - as mentioned above Thank you in advance
  3. I am so stressed at the moment because Barclays have pulled a real good'un from their bag if crap. An old customer accidentally sent us £6000 by bank transfer on Wednesday morning, rang us up to explain and asked if we could get it back to him. Stupid us rang Barclays and told them what had happened and to return it back to the account it came from because it wasn't our money. After an hour on the phone, a reversal was done on the payment. Next morning, another £6000 gets removed out of the account. No warning, nothing. Several long calls to call centres abroad (around 4hrs worth) and it may be that the fraud department has pulled the funds and investigating. They've said it will take 10 days. We've got bills to pay and none of this is our fault. All we did was tell Barclays to put the original £6k back where it came from. Have we been caught up in some weird [problem] where the guy who transferred the funds gets his money back twice or are Barclays incompetent. We raised the issue, we are getting penalised. No wonder people keep their mouths shut when unexpected money lands in their account!
  4. Hello and my first post here and wonder if anyone can help. I work for a small business and we have received a claim form from Northampton CC. The story is a supplier had agreed a special discounted price with us for products, and we had in writing on email. Nine months later we discovered we hadn't been charged correctly, and we calculated the over charge to be £9000. As soon as we pointed out this the supplier immediately changed the pricing back to what was agreed. We also asked for a credit for the over payment, and despite a couple of meetings this was ignored. We also pointed out that last summer we had a price list sent to us confirming the discounted prices - even though there accounts were invoicing ours for the higher price. We were at fault I think as well, as our accounts were paying the higher price invoiced for. As we owed them money anyway we said we would be withholding what we thought was owed and pay the difference, we had always been perfect payers anyway. We tried even to compromise and reach a settlement but the supplier wasn't interested. Low and behold 5 weeks ago we received a letter before action from a debt collection company. We then wrote a full letter with timeline of events including dates etc of emails including pointing out a ex employee of theirs had verified our version. We heard nothing until last week when we received a letter from there debt company and a CC claim on the same day - which surprised us as we thought they would have responded to our letter and timeline first. We want to defend and wonder if we should issue a counter claim back for the amount they are claiming for and what we state we are owed?
  5. I have a county court claim from Lowell Solicitors, acting for Lowell Portfolio Ltd, and would appreciate some assistance in completing the form. Many thanks
  6. I'm trying to find out if a business mobile contract is different for a Sole Trader (up to 10 employees) versus a limited company? I thought I'd read somewhere that a sole trader has similar rights to a consumer? Basically, it seems, companies have no automatic rights - it's assumed they have access to lawyers, I guess. I have been told because I have a business contract that consumer rights don't apply. Also that 36 month contracts are not banned for business customers? (Ofcom rules 24 month max).....and that a 14 day 'cooling off' period doesn't have to be offered to businesses??
  7. Hi, I run a small retail operation, bricks and locks building..., I am disputing the bill Britisg Gas have sent me, they said it's a smart meter and up to date, it still doesn;t seem right.. One of the last letters have threatened with bailiff or coming in to change the meter, how heavy are they on this stuff? Need I worry till I can try sort it out with them? How long do they normally take to take action?
  8. I bought a car for £6K but it was faulty and so I rejected it. The dealer promised a refund but has not paid it and I have obtained a CCJ. However they have now ceased trading. I have a name and address for the owner and will pursue via bailiffs. However is there anything more I can do? It seems rather odd if there is no criminal offence.
  9. Hi everyone I use a courier company, i will call "TPC", who in turn use DPD. I have to say on the whole the past few years has been event free but a few months ago we sent a 3D printer to someone to use and it was smashed up really badly. The recipient took photos and has emailed us stating the damage was beyond dropping in his view and we have loads of photos of the box damaged etc. I reported the issue immediately and TPC were originally very sympathetic etc. I have to say I was shocked at the damage, you would have had to try really hard to do what they did. As the client needed to get printing urgently, I resent a new identical printer out, only this time this one had a glass build plate, so about 30x20, super tough, heat resistant glass plate that the plastic is printed onto. This was in fact a bespoke upgrade I did to this one but the plastic plate was also sent. This printer was also sent insured fully. This 2nd delivery went horribly wrong yet again, with a tonne of damage done. We sent both printers in the original boxes, designed for transporting them. They are thick boxes, with the original polystyrene inserts. Loads of space etc. we also used an outer box with more packaging to be safe. The packaging has never been challenged, in fact DPD stated that it was fine. long story short. I know DPD have accepted both claims (although irrelevant as the contract was with the 3rd party we use, TPC). I am still waiting for any decision, I have emailed multiple times and so we logged a small claims track. Unfortunately the printers are no longer made, so I have asked for the replacement cost of the latest available model for both printers. The defence is that they will not pay as there was glass in the box (even though only the 2nd item had glass in it) There is no consideration about the first delivery that had no glass in it at all. I have sent the court questionnaire off, have stated I am willing to mediate and I am waiting. No solicitors seem to be involved at this point, certainly no legal sounding stuff has come back from the defendant at this point. Just want some help and advice really. I have basically lost a part of my little business due to these printers being damaged beyond repair. Questions: 1. I have no doubt that I will get the compensation for the 1st Printer as there was no glass and it was clearly in breach of the Sale of goods and services act 1982, (reasonable care and skill clause). however What about where there is a piece of glass in an item? I have never actually claimed for this extra add on, I feel that if they had delivered properly in the first place I would not have had to send the 2nd printer out and also the glass did not cause the damage, it was just "also" damaged, but again I am not claiming for this. 2. I would normally claim for the cost of the item if damaged. However in the case of the model being superseded and no longer being available. Is it OK to claim a little more for the latest available model? I have averaged the price from 5 retailers and would genuinely be buying these to simply replace my lost printers. In my defence it is a real pain in terms of retraining and new software to learn a new machine. Any help would be appreciated on the best course of action and of course I will post everything up here so others can learn from my mistakes and hopefully successes!! I am about to go through mediation, but can't find much on the process here. Has anyone gone through this process as a claimant and is there any advice anyone can give. I have been told by the CAB that it's a chance to "negotiate" but Ii'm not sure if negotiation is what I want to do, i'd really like the defendant to try and see the light. Also can the defendant deny wanting to use mediation? Any help appreciated.
  10. Hi Everyone, I am having a dispute with a company in Portugal and I need to find out where I stand legally. Just over a year ago, I sought out the services of an addiction clinic in Spain called Iboga Tree Healing House, that treats addiction using a powerful anti addiction drug called ibogaine, but had a terrible experience there and was treated very badly by the owners who it later transpired had no real experience or expertise in working with ibogaine. I was planning on taking legal action against them in order to get my money back, but I left them scathing reviews all over the internet which ruined their reputation so badly that they ended up selling the business. However, it was bought by another ibogaine practitioner who I do know as we are both members of the same ibogaine discussion forums, and who was indeed aware of the unresolved dispute that I had with them because I've had conversations with him about it through facebook beforehand, and he was also completely aware that I was threatening legal action against Iboga Tree before buying it because I had stated it very clearly in the reviews I'd left. However, recently, the new owner had the barefaced cheek to send me a facebook message asking me to remove the negative reviews I'd left because it was damaging his business, and this was without offering me anything to compensate for the horrendous treatment I was subjected to. When I challenged him on this, he told me that he is not liable for anything the previous owners did because he simply bought the domain name and the trademark name, and not the actual organisation whose services I paid for. I'm prepared to bet he is lying through his teeth because when I challenged him about it, he became childishly defensive and when I hinted that I would be looking into it further, he did everything he could to persuade me to let it go and move on. He is currently running Iboga Tree Healing house in the identical way it was run by the previous owners. It has the identical name, the identical website design, domain name & email address, the identical logo and offering the identical services to the ones I paid for when I had my treatment, yet he is claiming that he is not responsible for anything that happened before. This is despite the fact that in buying the business off the previous owners, he has taken away any legal comeback I have with them. If anyone could please give me some advice on how I go about finding out where I stand legally on this I would be extremely grateful.
  11. Hi guys, I have been ignoring letters for several months now but finally now time to sort this out. personal loan around 6k / 17k (2 loans) and 2k credit card. I have started to get moorcroft letters as well. Just tried calling the bank but they are experiencing high call volumes and was going to be min 30 minute wait. no thanks I am planning to call them again tomorrow morning but I was not planning on contacting moorcroft. I want to only deal with lloyds. I can sort a payment plan out its not going to be much as I am not working at the moment although starting a business up but funds are tight. Does anybody have some advice for me? many thanks
  12. My friend has just got a bailiff final notice letter through his door on Monday but it is for his son. Or should I say, His son business. His sons registered business address is at his dads’ home. So, I have assured him that as long as you don’t open the door the bailiff cannot enter your property as it is a private dwelling belonging to him and not his son and they cannot drill the locks either, it’s just a bluff to get you to open the door and pay someone else debt The final notice just says client XXXXX borough council. For the value of £423. I have spoken to the son who has no recollection of anything form the council or anything from the courts. Now heres is the thing. It only take a second to enter the sons company name in google to see where his work place is but to get to his unit they would have to cross over someone else land. His dad is worried that they may go to this unit and take his work tools which would stop him from working and earning a living. While they sort this out. His sons company is limited business. Both are very nervous of calling the bailiff so I have offered to call on their behalf. But some help from you guys would be great, the more knowledge I have the better. It says on the notice they will be back one morning this week. The normal BS to remove goods. Since it’s the council it’s either a parking ticket or business rates. His rates are paid by DD so it must be parking ticket. He is happy to pay for a parking ticket but they have added there fees on top. what is the best way of getting this back to the original charge assuming it is a ticket.
  13. Hello all, Posting on behalf of a work colleague. Have passed them site details and suggested they register themselves. The person in question works as a cleaner for a third party company who have a contact with our business. Our business is part of a much larger group who are currently restructuring. As part of the restructure, our business is moving from its current facility to a new shared site along with other parts of the organisation. For this reason our contract with the cleaning company is due be terminated. This now leaves the cleaner, who has 8 years service at this site, all be it possibly with differing cleaning comapanies. By this I mean that although the contracted agent has maybe changed it has always been the person holding the position and performing the duties. They have essentially moved with the contact. They have now been informed that once the closes they are basically redundant. It is also being claimed they they are not entitled to any redundancy as it not them, her employer (cleaning company) who are making them redundant but us as we the ones moving site. No other positions are available for them to be relocated / transferred to. What are their rights in this case ?
  14. Hi. need advice please. we received an email back on April 10th for a publication called the Data Protection Adviser(cannot find the email now). went onto their website and the employee saw a 3-day trial which they clicked and filled in our email address and details. They were under the impression that this was a 30-day trial without having to input credit card details and therefore if we wanted to continue with the publication we would then need to provide our payment details. we received 4 newsletters, the first In June, a second later in June, 1 in July and 1 in August. We have now received an invoice for £84 for a 1 year subscription! seems a bit of a [problem] that they can just send out an invoice without us specifically agreeing to any contract or providing payment. what should we send them to dispute this charge or is it a proper contract?
  15. Hi I posted a few months ago about chasing old PPI and this particular one is very long winded dating back over two years. Its particularly interesting because they admit PPI on a business overdraft but wont pay it back and more importantly they continued to take money from a totally unrelated separate personal joint account for two years without my permission(though they have paid me that back) Scores of letters but I have uploaded the relevant ones here for your help. I discovered PPI on a business account and asked them to repay me to which they refused saying I had signed for the product Letter tennis ensued for over two years whilst they sorted out other PPI but consistently refused to be drawn on this particular matter. docs .pdf
  16. Hi all, I wonder if there is anyone that could advise me in a pressing matter. Below are the details: Myself and two others held a lease for a commercial property between June 2012 to June 2017. In 2015 upon the breakdown of the business we had agreed with the landlord to surrender the lease and hand back the keys. The keys were handed back amicably however we were foolish in not signing any documents and neither was any provided or suggested. Until this time all business rates had been paid and settled. In the last two weeks a letter was received at my parental home (where i resided at the time but have not been for the last few years) about a liability order that had been at the Mags Court. This letter was handed to me via a family member and this is the first instance were i learnt about any of this issue. I immediately called the local council and told them the facts who had informed me that the landlord had informed them that we were liable for the business rate payments for the period of August 2015 until June 2017 (beginning the the circa when the keys were handed back and end of the original lease) I advised the council that the lease was surrendered upon agreement with the landlord and there was no paperwork besdies WhatsApp messages providing undoubtable proof that there was an agreement and the keys were given back to such extent the landlord requested the keys so that he could put it back on the market. I sent the council copies of the WhatsApp messages to review and explained the circumstances. They did not respond to this. Earlier this week, a family member called me to inform me that an Enforcement Agent had visited my parental address looking for me. The Enforcement Agent was informed that i do not live at the address - he spoke to a 15 year old 'minor' and left some correspondence. I was supplied with this Enforcement Notice and proceeded to call the Agent informing him that i did not reside at that address and asked him why he had spoken to a child to which he replied he was not aware and then claimed that this is the address that they have. I complained and asked him why a sensitive piece of correspondence was left in the knowledge that i did not reside there and i currently have no fixed abode. I also questioned him on their registration with the Information Commissioner (i am a Data Protection expert) and noticed that the company Onesource was not registered and in a number of places are non-compliant with Data Protection regs - he immediately hung up. I proceeded to contact the business rate team and asked them if they had reviewed the WhatsApp messages to which they replied they had not but would not review them as they do not think it is sufficient but asked me to speak to the landlord and get some documentation. Having spoken to the landlord he refused to acknowledge that we had agreed to terminate the lease and would not speak further. However, upon reading 'implied surrender' there is no doubt that the nature of the messages provide outline that 'the agreement is inconsistent with the continuation of the lease' as such there is an 'implied surrender'. I again messaged the council and asked them review the messages as there is no prescribed method for an 'implied surrender' if they are not able to do so then they should escalate. This is all in addition to a notice to the Information Commisioner with regards to the data processing activities which are non-compliant and subject to substantial fines. My family members at my parental home (whom i have little contact besides a younger family member) are as far as i am aware working on a Statutory Declartion to advise the council and enforcment agent of my non-residence. I did not receive any correspondence from the council or courts as i do not live at the address and any that was sent there was likely returned or destroyed - i do not know. I have tenancy agreements for residences that i resided over the last few years but do not want to provide them. As mentioned at this time, i am living with some friends and couch surfing whilst i find a place to rent. I have not assets or cars or anything of substantial value - not even a TV in my name. Additionally, I am no longer in touch with my business partners and do not know exactly where they live. They only have my address. The business was run under a Ltd company (now dissolved) but the lease and business rate were in individual names. Is there a way to appeal to the courts? or the council? What are my options? I would appreciate any advise you can give me.
  17. My daughter is NOT self-employed but works for a company that requires her to meet clients within the region she works in. Her contract does not state that she had to have a car but she has been told that she must use her car to go meet clients. Fair enough. When she went to claim her fuel expenses they refused because they said she needs business insurance on her vehicle and once she produces a certificate to prove this they will then pay for the fuels at 45p per mile. W Why should she have to pay for business insurance, it is not her business. She has said she would be happy to get it insured for business and then claim it back from the company but they say they wont pay it. She likes the job and does not want to leave but as I say this was not written in her contract. Others within the company have forked out for business insurance just to get peace but my daughter is taking a stand on this. Where does she stand legally? Any help or advice is much appreciated.
  18. Hi, I have accumulated some relatively large charges from HSBC Business over the last few years, mainly for unauthorised overdrafts. Is it possible to have any of these refunded? I am in quite a bit of financial difficulty at the minute. I dont have any lending on this business account. I would also like to keep the account open, so dont want to do anything to harm that if possible. Thanks for reading! Jamie
  19. Hi, Could someone help me please? , complete noobie questions below:- I've been out of the country and been sent a claim form from the County Court Business Centre for a claim from a 10 year old Halifax credit card debt for £1600 plus £105 court fee and £80 legal representative costs. I have been receiving calls from these people but i just thoiught they were PPI calls. This claim form was sent on 6th April (I flew abroad 7am that day) but i've logged onto the portal (22nd April) and filled in the AOS form to extend, i'm not sure if this will still be possible to do? I may have paid small payments to this debt a long time ago but to be honest forgotten about it, got my credit score back up high and then this lands through my door, i really don't want a court judgment on my credit file. The debt doesn't even show on my credit reports from various agencies. I'm not even sure about how much the original debt was and how much credit was put onto it etc. Could someone help me please in the reply to the court or give me any pointers/online helpers? I really believe that this debt could be Statute Barred. Any help would be greatly appreciated, my main concern is not to get a mark on my credit file and I really don't want to pay a DCA the full amount but would consider a part payment. I'm not even sure if it's gone past that stage that I cannot offer part payment out of court? Thanks in advance x
  20. I have started this thread because I would like this to show up in a Google search because I know people on here will bother to give some sound advice. I am beating myself up because this morning I got an invoice from Agora Business Publications for £49.86. I received a free windows gift CD that I recall ordering a few weeks ago. It was no good to me. Apparently, if you do not cancel within 30 days you join a subscription. I am sure you have all heard of this type of business practice where they appear to hide quite well that cancellation is of the essence if indeed you want anything FREE. I did not give credit card details to the site as I have been bitten before by this type of sales pitch. I suppose I felt safe with what was happening because of it. No hidden deals that they could charge me for. They do however, appear to give credit to complete strangers at face value? I Google searched this company and sure enough the internet does have a number of complaints showing up about them using this selling technique and more vulnerable people than myself being mislead in a "nothing you can put your finger on" sort of way. I think frightened people will probably just pay up. Surely they have to prove, on balance of probability, that I indeed owe them money before they can take this invoice into the legal system. What criteria do they have to have to make a debt of this kind enforceable?"
  21. Hi Just wondering if the Consumer Protection from Unfair Trading Regulations 2008(amended 2014) covers business to business transactions? Meaning that the consumer can be a business? A friend has been misled by a salesman about a service they've bought in their business and we're trying to put a complaint forward. Any pointers to some helpful legislation would be appreciated. Thanks in advance.
  22. Hi all, Just need some help here for my daughter, She has just been contacted by her council claiming she owes money on two debts I think they are both for business rates, One debt is from 2002 and the other is 2008, Can they still collect if she owes this money after all these years have passed, Just need a yes or no answer if possible. Thanks.
  23. Hi everyone, I am just after a bit of advice on how best to hand a PCN issued to one of our vehicles for 'stopping' on Liverpool business park. The vehicle in question had a puncture and the driver parked up in a disused driveway, whilst waiting for the fitter to go to him to replace the tyre. We received the usual 'PCN' from VCS to which I appealed, i have now had a reply from them saying that they will only hear the appeal if I provide the drivers name and address, for which i am not prepared to do, as the appeal will be rejected and they will bombard the poor sod with their nonsense. Am i best replying to VCS now or just leave it for the time being ? Thanks,
  24. Hi. I have recently set up a new retail venture and it was always a risk but so far it is showing signs of becoming something worthwhile. But obviosuly have a lot of work to go before I start making a comfortable wage. I have council tax issues. I am not making enough money right now to pay house rent, gas, electric, food and then council tax (and the rest). I have one bill from 2 years ago which I was disputing but as the council have all the power and we must submit to them they win. Also on my current property they now want £450 aprox paid by March or some time. They are trying to exercise their might and saying it needs paying and using the 'fear' words'.. Is there anything I can tell them or any kind of right I can exercise? I just don't have the kind of money laying around to cough up to this lot. Thanks in advance. bump.
  25. I have no idea if this is the correct forum, so please forgive me if it should have been posted elsewhere! My husband has just rented an industrial unit to start his business. It's been empty for some months previously people have understandably used the space outside for parking. However, since we received the keys, only one person has had the decency to come over and apologise and move his vehicle. Every day we go and cars are parked outside of the unit meaning we have to park elsewhere; and at the side, where the large delivery doors are, is also sometimes blocked, despite a huge 'Keep Clear' sign. I've tried searching Google, but can't find anything to do with our issue. I was hoping that someone could point us in the right direction. Thanks in advance.
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