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Found 23 results

  1. Hello! This site has proven of great help. I am posting here on behalf of my nephew. to cut it short, nephew was supposedly parked in an Ibis hotel car park and was not a guest. Received a ticket from Civil Enforcement Limited . He ignored it because it was not his vehicle having repeatedly told them. As a result, they took nephew to court. He was able to set aside the judgment because the claim form didn't specify what the amount being claimed for was and also, it was not signed by a 'person", but by a company. I accompanied him to court and the judge set aside the judgment. Nephew received a letter following on from court hearing where it said: 1. The judgment against AU dated 27th Nov be and hereby set aside. 2. Claimant to file and serve a fully particulated Particulars of Claim by the 5th March 3. Defendant to file and serve a defence by the 19th March 4. Direction Questionnaires by the 9th April. Nephew spoke to court and they advised C's have not filed a particulars of claim. Question is - should nephew still file his defence? AND Can he counter claim for compensation? Many thanks, Jay
  2. I have just received claim form for a CC debt of about £4,400 from 2009 and they have claimed interest for 6 months + upto the date of judgement, but no mention of going forward. I don't mind paying them original amount in instalments but I am worried that if I accept the claim as it is then they may ask the judge for 8% interest until the debt clears, which may mean the payments I make will just pay off interest. Someone has told me that if I defend the case by asking them to prove the debt then they are likely to concentrate on proving the debt and not ask for interest going forward. But if I accept debt at the first stage then they are most likely to ask the judge to add 8% interest. Is this correct assumption? But I know that if I defend then I will be slapped about a £1,000 in further legal costs. What could be the best course of action in this case? Is there an argument against paying interest of 8%, which I may be able to use? I will be grateful for your comments.
  3. Hi guys, I took part in a WCA not long ago (I've been on ESA WRAG for the last year and this was a reassessment). They found me fit for work but I hadn't been able to secure all my medical evidence in time so instead submitted it along with my MR and the decision was overturned and I got letter saying I had scored the 15 points. Now here is the confusing part..... before I had all my evidence (and could submit my MR) I had to claim universal credit for around 4-5 weeks. I didn't fit the gateway conditions but I didn't have a choice at the time. I wasn't informed I am living in a "Live service" area and should have claimed old style JSA instead of UC I was just told to claim UC, now that my decision has been overturned will I go back onto ESA or will they try keep me on UC? I'm concerned as it means I lose out on money and apparently will be subjected to harsher conditionality (And shouldn't be on UC in the first place). I don't even live in a full service area. Does anyone have any idea what will happen? or what my next steps should be? There wasn't a change in my circunstances at all I was just forced to wait for more medical evidence and then appeal the decision and had to make a claim for UC or i'd have been without money. Thanks in advance for any help. Universal credit is really making a big mess of things.
  4. I was 20 when Halifax said hey, fancy a £10k overdraft limit and a £7,000 loan at a large APR. Stupidly I said yes. I tried to keep up, but failed. We're 11 years down the line, the debt has passed around from place to place. I moved a few times, they chased, but I never answered a single letter or phone call. 2013 it went to Arrow global, after that I found letters from capquest offering negotiations, Arrow again seemingly, then a month ago Blake and Morgan claim to have purchased the debt and asked me how much money I earn. I ignored and today received a county court claim form. First thing I did was ring the national debtline, who said I should ring blake and morgan asking for a statement of accounts and when the last payment was made. I did that. I apparently made a payment to the account early May 2012, they said this was most likely to Arrow as they had the account at the time, afterwards I found paperwork which said Arrow purchased the account in 2013, so this apparent payment can't of been to them. Morgan said the account is on hold for 30 days for the moment, and I was about to send a formal letter asking for the statement of accounts tomorrow when google led me here. Looking through my old bank statements, the last payment that went into that account was September 2010, nothing else went in, after that I stopped using the account as it was minus a large amount. I have statements up to Feb 2011 clarifying this. I can only assume I don't have any statements after this because the account was closed for no activity and being minus 10k. There is definitely no way I have made this payment in May 2012, the account should have been long shut. I rang Halifax to confirm when the account was shut and after very nearly getting the information I need the call mysteriously hung up and when I rang back the other woman I spoke to said they can't give me the information. Any advice would be much appreciated.
  5. Hi All, My landlady told us in Feb that she was selling our house. We moved out in April when a suitable property came up, but had to pay double rent and council tax on the two properties until the end of June when my tenancy ended I did however manage to get a one month discount on the old property as I wasn't living there. Now that the landlady is renovating the house to sell, she too has applied for the council tax discount (as she's not living there) and has been declined as there needs to be a period of 6 weeks of someone living there since that last claim before she's entitled to it. Because of this, she has told me that what I did was 'unacceptable' and that she will be taking the £119 (one month's council tax) out of my deposit. We are going through the DPS, but but the email this morning told me that my request for repayment of my deposit has been declined and that that I to settle it with her - which is impossible as she is totally unreasonable. Who is in the right here? She is stating that it was my responsibility to pay all bills (which I have done), but in claiming the discount (which I was perfectly entitled to), I have breached this part of my contract. Any advice much welcomed.
  6. Hi all, I reclaimed my PPI from a number of lenders a few years ago using the great advice and letters etc on here, eternally grateful for that! But.... I've had a few calls from claim companies over the last few months and they claim that a lot of lenders knowingly underpaid on PPI claims and that more is owed. I was wondering if there's any truth to that and, if so, would it be a case of following the same process as previously to claim the extra owed? Thanks, Nick
  7. I wonder if anyone can help? I received a PCN for parking in a disable bay at a private residential underground car park. I challenged this through both the appeal routes (parking operator and The IAS) based mainly on lack of clear signage at the bay. The ground markings are small and painted in red which were not visible while reversing in to the space and not visible once parked. There was a sign on a pillar however this was high up and to the side of the space and again not visible when reversing. My argument is that signage should have been directly behind the space in keeping with signs at other disabled bays in the car park. There was a perfectly pillar immediately behind the bay that a sign could have been attached to. I believe the current signage is unsatisfactory and amounts to "predatory tactics". What are people's thoughts? I also wonder what thoughts people have on on terms and conditions signage at the car park stating that the parking operator is a member of the BPA and appeals are heard by POPLAR when it transpires that they are not as they a new members of the IPC who use the IAS to hear appeals Does this incorrect signage have any baring on the arguments I can make at Court?
  8. Hi All, I had started a CCA process with Idem servicing with the OL being Citi Financial. I took out the loan in 2007 and have had a minimum payment going out. All payments have been stopped whilst my CCA request is in process. Idem promptly replied within the set time of 12+2 days with many copies of the signed contract with Citi financial, i just want to make sure that what they have sent is enforceable, if so should i resume my payments and send a F&F offer to them. I have uploaded the documents that were sent to me.
  9. Could someone help me understand what "Moved within area" means. I recently applied for housing benefit and got a letter from them saying that claim has been cancelled and "Moved within area - Please reply."? Any help please?
  10. I advertised an item on ebay but the winning bidder changed his mind and wouldn't collect I had to re list it at the same time I complained to ebay about the situation and got a reply back, so they knew the situation I was in. I re-listed and sold it and got paid, however when my statement came it showed they'd debited my Santander credit card for the first time the item was sold but not paid for/collected I contacted ebay but they said I was out of the time scale for a refund and to claim on my credit card which I did. I put in a section 75 claim with Santander CC and they rejected it. Help what can I do as I thought I was covered using my CC.
  11. Hi folks, So I'm in a bit of a complicated situation, I'll try to sum it up as briefly as possible. I guess I'm just curious what people think/advice/am I doing the right thing/anything else I could do? Last year I split up with my ex. I knew he had looked into some sort of tax credits scenario a few months before we split, however I never filled in any forms and never saw any money, thus thought no more of it. In June of this year I discovered he's been claiming joint couples working tax credits under both our names since last year. When phoning the HMRC about this they "fixed" their records, and proceeded to inform me that "overpayment letters" would likely be sent out. I told them I'd never received any money nor signed a form, nor knew he was doing this, they told me that I "must have" signed a form. I got C.A.B advice and did a Subject Access Request for the initial application forms (as I disputed the existence of a signature), and while waiting for these to arrive I asked a solicitor for help and also (on a particularly stressful day) phoned my ex and told him to get this sorted out. He said he would, unforunately he uh... doesn't believe in working. Seriously. I don't think he works at all. So I can't really see how he can pay this back, and if he can't, they'll still chase me, right? Even though I never got the money and work hard every week to pay my bills! The solicitor was skeptical about the lack of signature on the form, and I was even starting to doubt myself as to whether I had inadvertantly signed the form as the last few months of our relationship were pretty horrible/a bit of a haze of stress. Solicitor suggested he would send a letter to the HMRC explaining that I did not know about the claim, received no money, and for them to only chase my ex for the money. This letter was sent over a month ago, still no response for HMRC. The past two weeks - letters start flooding in. Firstly, the fruits of my Subject Access Request labour - a massive envelope containing, among other things, the initial application form. It is entirely filled out in my ex's handwriting, and there are NO SIGNATURES on it at all. Not his, nor mine. I can't see why these would be redacted (perhaps his, but why mine? Especially when I asked for it specifically?). Finally, this week I've received two "notices to pay" for overpayments to my ex totalling about £4500. They have been sent to him too (he's told me in an email he's dealing with it). I just don't trust that he will when he thought it was ok to do this in the first place, and also where is he getting £4500 from?? The deadline for re-paying this is in October! If he has no money/offers a tiny monthly repayment, they might still come after me? I've thought of phoning them to say "hey guys, no signature, why are you chasing me?" but I thought it best to wait and see what the solicitor thinks. So that's pretty much where it's at. I've told my solicitor about the S.A.R news and am waiting to hear from him... what a mess! Hope I'm approaching it the right way.
  12. I have two CoOp credit card debts, of £2,700 and £9,000 respectively. Although I'm not convinced that they hold enforceable CCAs or were defaulted correctly I did agree with them in 2010 to pay £1/month into each account in return for an interest freeze. In 2013 the CoOp told me the debts had been assigned to Cabot but that payments should continue to be made to Fredrickson, who manage them). I've maintained these monthly payments by SO throughout. At the beginning of the month I received a letter relating to each account from Debt Managers (Services) Ltd claiming that they were now managing the accounts on behalf of Cabot and that I should pay the SOs to them instead of to Fredrickson. I've heard nothing from Cabot or Fredrickson. Debt Managers have phoned several times but I've refused to go through their security checks and told them to supply some evidence of the transfer. I notice, also, that in both cases the last digit of the quoted credit card account number is incorrect and the reference numbers don't match Cabot's, although the debt totals seem OK. Should I do any more? Anyone any experience of them? I don't want to waste time and money making a CCA claim without good reason.
  13. Hello. My husband has been receiving letters from DWP asking for repayment of £318.42 since about 2006 for Working Tax Credits. My husband has never claimed working tax credits. He even checked with his accountant, who checked through his paperwork and agreed with him that he has never claimed it, so he wrote my husband a letter explaining that this has never been claimed, which he forwarded to the DWP. Every 6 months or so, we get the chasing letter, my husband phones them up and explains yet again the situation and they say they will put the account on hold! Today came the letter .... he has till 03/07/2015 to pay or they will pass it to a collections office. We have been in France since 2011 (the letters are sent here so they know where we live). He explained again that he has never claimed working tax credit and the girl said that it had gone to a tribunal and that the case was dismissed and that the money is recoverable. We weren't even told it was going to a tribunal. In the end my husband told the girl to come and collect the money in person ! He kept asking the girl who he can talk to about the credits but she wouldn't move away from her predicted notes. So very frustrating. If we claimed and owed it fair comment. Does anyone have any ideas who we can speak to. Many thanks in advance.
  14. Hi every one, I discovered that I have a few credit card agreements post 2007. This includes Capital One and HSBC. What I would like to know is: - Can charges of £12 applied on this accounts be claimed too just like in the pre 2007 agreement? I noticed that most of the banks claims that it is fair. Your advise, comments and guidance is welcome. Dot
  15. Hi, I had a Barclaycard account which was closed about 8 years ago. There were quite a few charges on it. Just wondering if I can still claim. Has there been a similar case on CAG? If so, can some one direct me? Any success threads on similar case? Thanks Dot
  16. Hi, I recently took out EE Home broadband, and elected to pay the line rental up front for the year, so £132 was taken by direct debit on 15th Oct. However, the swines also took a second £132 yesterday. I phoned them and they agreed it was an error on their part, but said all they could do was to put a £132 credit on my account (or else a refund would take over a month!), but they told me to call Barclays and claim it back under the direct debit guarantee (Indemnity claim or something they called it). I call Barclays yesterday evening, and they agreed to do it, but said it would take a minimum of 3 working days, plus if they need more details they will post me a questionnaire to complete and post back to them? Now the wording of the direct debit guarantee states: "If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society". how immediate does it mean? Does Barclays count 3+ working days as immediate? I now have next to nothing in my account, and have things that need paying. Who is responsible for overdraft charges if I need to dip into this whilst this is being rectified? Thanks in advance.
  17. Am moving house so asked council to prepare final CT bill expecting a small adjustment. What I got through the post today was a demand for £900 overpaid CT benefit plus a further £600 CT underpayment. I dont receive benefits, havent claimed them and have paid my CT as a lump sum until this year when I decided to pay by instalments as I knew I was moving and didnt fancy paying the lot and then strugle to claim it back. The benefits office say they are right but if they arent I will have to appeal and that will take months. Compaint lodged, if I dont hear something in a couple of days I will name and shame. Question is, if I dont pay them £1500 will they be mean/pigheaded enough to take me to court to recover?
  18. Summary: ex girlfriend books a holiday and invites me along saying she will pay. (She came into £300,000 recently). 4 weeks after the holiday she decides to end the relationship and is now sending me emails asking me to pay back £700. Can she take me to court ? Should I reply to the emails. ? Apologies if this is the wrong section. I am new to the forum and very worried so posting out of desperation.
  19. My partner took out a loan with HSBC details as follows: HSBC Loan: Taken out October 07: Loan £12400 PPI £2400 over 37 months settled in Oct 10 but claimed whilst unemployed £1100 When he took it out he was told it would enhance his application if PPI was included or words to that effect although when he was made redunadant he could have paid the monthly payment with his redundancy pay a nd it would also have been covered by sick pay if necessary but because he had the PPi he claimed against it for the 3/4 month period he was unemployed. Can we put a claim in? we have all the origional documents? Thank you in advance for any help
  20. Hi all. Wondered if anyone could help. I have key cover through Hastings. It's the one with the key fob that you attach to your keys. Anyway, my car is a renault which has a card not a key. Well the card has split in two I've managed to put it back together but have to hold it together whilst pushing it in the slot, it won't last much longer, now I wondered if it had to be at the point that it won't start the car to be able to make a claim. It will no longer lock the car, but does start with some fiddling. I know how insurance company's make make every excuse in the book rather than pay so any info before I give them a call would be great. Thank in advance.
  21. 4 Months ago, my wife and I split. I had been subject to years and financial, emotional and physical abuse, so my head wasn't in the best place, I wasnt aware of what benifits etc were being claimed , I had a budget given to me of £5 per week and that was it as far I knew anything about money, I worked and earned good money but never saw it, my ex didnt work and controlled everything. One of our children elected to come and live with me at the time of the split. My ex wife , then started throwing loads of disgusting ( and proven , false) allegations around , further adding to the pressure I was under. When we left, we were not permitted to take anything with us, we had to start all over again. In Nov, 3 weeks after the split, once I had started to get us both back on our feet, I submitted a claim for Child Benefit and child tax. Last week I received a letter saying that my ex had not informed HMRC of a change and had still been claiming for Child Benifit from Oct until dec 24th, for the child that was no longer living with her. I asked if there was a way I can claim this money back, as I had to buy a whole new wardrobe for our child (no goods have been returned to date and probs would no longer fit anyway) and I had been feeding etc our child since Oct but HMRC didn't seem too bothered about this and said because my ex didnt tell them , it was tough, isnt this benefit fraud ? not declaring a change ? I have police/solicitors/cafcass reports all detailing that we both left in Oct, is there anyway I can claim the Child Benefit for the child that lived me since Oct or does my ex get to keep it all because she didnt tell them ? I assume Child Tax will be the same but I have not yet heard from them, Thanks Ppl.
  22. Brief outline: I did an SAR on Paragon in January and have gone through it again today. I have noticed several amounts added for 'Admin Charge' ?, 'Cost's '? , Arrear Letter Fee, etc. I have added these up and although only around £120, i did a calculation on the interest at their rate (28.9%)at the time ( 1995) and the total comes to around £3k. Any advice on how to put a claim in for these charges and interest? thanks in advance DGS
  23. Hi there i have a long story to share but in short.. few years back i had loan which i couldnt pay the installment i supposed to but later negotiated with them and paid them the installment which i could. the most important thing is, i had ppi in that loan. so claimed it using third party.. now got the letter from barclays that i will going to get the refund of £3000 but the half of it will be used to paid the loan which is still running and half of the money will be paid in to the saving account.. which i have never access it in these 4 5 years time... now my question is how i am going to acces that account, i dont have any details of that account, on the top of that i had current acount in barclays which is of £250 of arrears... what to do to get the access that saving acount where i have about £1500 . what step should i take to get the money. now i have got call from that third party who helped me to get the refund. their charges is 30% plus VAT and i am entitled to pay the fees which is £1100.. thank you for going through my queries take care
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