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  1. Not sure if this is in the correct forum. Please move if necessary. A bit if advice regarding an Administrator of a Facebook Group of which there are over 8000 members. I am the claimant in a court case after someone on a Facebook group owes me money after agreeing to purchase from me via the group and refusing to pay. Defendant is stating that the 'item' was offered 'free of charge'. Prior to the defendant offering to purchase, I exchanged some personal information via a series of private messages with one of the Admin on said group. I have just received the defence papers from the defendant and as part of her defence, she had submitted part of a private message exchanged between myself and the Admin. She could only have got this from the Administrator. It is unlikely to help in her defence as reading the full exchange, and not the bit she submitted is not detrimental, but at the time I offered to sell her the 'item', I had no idea that this defendant was best friends with the Admin. In addition, she has been provided by the Admin a copy of the advert which has been changed to show the Item 'for free'. Luckily I copied and retained the original advert. All posts from myself have now been deleted by Admin in relation to said item. What I am asking is: the personal information between me and the Admin was just that, personal, and I am shocked and angry that this information has been given to a third party without my express permission and that third party is now trying to use it in her defence. Does this come under the Data Protection Act at all? Has the Admin committed a breach of the Act? Hoping I am making myself clear.
  2. Hello helping another friend with their problem. They have received letters from Robinson Way stating that they have had no response to their letters asking for payment relating to two debts that they had purchased and if she does not respond in 14 days they will take legal action. Now this is the first letter they have received regarding this and all tho she does/did have some debts some 5/6 years ago these letters do not state which debts these are. I will refrain from ringing them to ask relevant questions but was looking to write to them asking for the following: Previous Owner, Account Number, Total Amount, Date of Default, Last Payment Date, Amount of Last Payment, Who Was the Payment made Too, How Was This Payment Made and Where was this Payment Made. Do these questions sound ok?, obviously I will format the letter with correctly but just spaced as such to save over posting. Regards
  3. Section 5(1)(B) - The Taking Control of Goods (Fees) Regulations 2014 the enforcement stage, which comprises all activities relating to enforcement from the first attendance at the premises in relation to the instructions up to but not including the commencement of the sale or disposal stage; At what stage is the £235 fee incurred? 1. Just by visiting at debtor? 2. Or, by taking goods under control? If it's just by visiting the debtor's property then, at what stage do they take control of the goods? For the sake of clarification, CAB website tells me that Enforcement Visiting your home or business premises to take control of goods, including everything involved in identifying, valuing and taking control of your belongings So in essence, if the bailiffs have not taken control of any goods, this stage hasn't applied? Also, do they have to produce any document if they have seized any goods? Or could they just say to you that I am removing goods and take what they fancy?
  4. Missus got 'just the ticket' from euro in a hospital car park today for 'Not Parked In Marked Bay'. She believed she was well within a bay - other cars similarly parked, and a (faded) white line behind the car. I'm the registered keeper, and she's a named driver on our insurance policy. I'm not totally up to speed with current protocols. Do I 'appeal' straight away to invoke POPLA procedure, or await NTK from them? If this needs to become a separate thread, by all means do your stuff. And thx in advance for any help in putting this one to rest. FYI, last time I got a speculative invoice from them in almost identical circumstances (c. 2-3 yrs ago), I just ignored it. Didn't hear so much as a pipsqueak from them. Nothing. Nada. Zip. Zilch. Not even a threatening letter. I was devastated.
  5. Hi, I'm hoping to get some understanding of exactly what an update of my credit file means and how, if possible, I can get it corrected. I have a mortgage with GE Home Lending. Around the time of a divorce, June 2013 I missed a payment on the Mortgage. I continued to pay the mortgage thereafter with one payment of arrears. About a year or so after missing that payment I contacted them to make an arrangement for the arrears to be cleared. Their response was along the lines of 'We will not enter into an agreement as the arrears are not serious enough' Based on that I decided to pay off 50% of the missed payment straight away. Six months later I paid off another 25% of the arrears. In early March of this year I paid off the remaining 25%. All is good so far. However, a few months ago I applied for a new mortgage in order to move house. I received an offer in principle so decided to market the house and sell it. I struggled to find a new place but last week I finally did. I needed a slightly higher mortgage amount so re-applied. I was immediately declined. The lender suggested that I look at my credit report as an adverse entry was added on 7th April. Having looked at my report, GE money added a '2' against my credit report for April. This applied to both Equifax and Experian. My credit report for this account shows Green for every entry prior to this. The new lender is reading this as me being two months in arrears with my Mortgage. I have provided bank statements to prove that I've been making payments on time but they are not interested. A huge black mark for obvious reasons. I have take this up with GE but I'm not making much progress. They accept that they have added an incorrect entry for April. They are proposing that they move the '2' entry to February '15. They claim that this two entry means that a payment was made later than 30 days, but less than 59 days. According two Equifax and Experian the 2 means that I missed two consecutive payments in February. Dealing with GE is like wading through treacle. I make countless calls and send numerous emails but I'm getting fobbed off time and time again. One minute they are fixing it. The next minute it's the credit reference agent's fault. I guess my question is a) what's the forum's view on the interpretation of a '2' recorded against a given month and b) if there's any advice anyone can give to help me get this corrected. Thanks for reading, and thanks in advance for any help I.
  6. Evening all, After a good few years of having my head buried in the sand, I'm finally taking some action regarding old debts etc. I have discovered that I apparently owe HSBC £110, on an account that I stopped using in late 2008. The default is listed as March 18th 2009, and I know for certain I have had no contact with them in the interim with regards to paying the debt or even acknowledging it's mine. So will this debt now slip off my credit report and no longer be enforceable? I've not heard a bean about this debt in a good few years and to be fair, the account did not have an overdraft facility, so the £110 overdrawn is made up entirely of their own charges. It was by pure coincidence I signed up to noodle this months and found it lurking on there. Thanks everyone
  7. Hello All, I have in the past told Op's to send the Statute Barred letters from the Template section in the Library. However now it has been posted not to send the Statute Barred letter until a claim form has been received, which is why I have got to ask why? The op has came to CAG because they are being bullied, harassed, intimidated & threatened with Court Action (sometimes as an idle threat, others for real) by the ruthless DCA collection practises. Now they have found their way to CAG, through postings between CAG members and the Op if it is found out that the debt is Statute Barred, they are then told that the general consensus is to await a Court Order or as I interpret it is to stick their head back in the sand (although with more knowledge on their position). I know that sending the Statute Barred letter opens up Ghost Payments etc. but in my view that is far better for the Op to deal with than sitting at their kitchen table staring at a County Court claim Form. Stigman
  8. Have an account with this bunch of dimwits actually mean to say had and account as l am about to CCA them and l wont hold my breath over the CCA being available. This bunch of idiots have really pee'd me off because they have not sent me christmas presents and the presents they have sent me are broken. They have ignored me for over 6months over one christmas present that turned up broken they have refused to accept it back and are demanding payment for it. Ok i understand they cant accept personalised items back but if they are broken as in not fit to do the job they were ment to do then l am sure they have to take this item back. I have spoken to TS over this and they have said if it is company policy then we can t do anything about it. So i say £$%& company policy and they can go and £$%& them selfs if they think l am paying them for missing or broken orders especailly a £200 vodaphone mobile phone which they say is not covered in there returns policy once it is open the screen is broken and you cant see that threw the box. God why do companys think they can do what they like as long as they get there money? Chrissi
  9. Oh mighty forum i have poured over the data avaialable and would like a clarification - when does the countdown start on statute barred. the reason i ask is the due to barclaycard selling my debt on to lowells. I am now very close to SB .on my calculations they have between 2 and 8 months left. please can i get clarity on this one. i stopped paying on most of my debts sep 2008 but default or closure of account happened later . so as its the last year i would like to start being able to fighting back a little. many thanks to all that support
  10. Hi, I hope I can get the answer I am looking for here, I am sick with worry...... I am currently on the housing waiting list (social housing), I am in rent arrears (with landlord in private sector housing). Here is my confusing and need clarification please...... Due to my pending eviction, am I right that the local council will not allow me to make a homeless application (upon eviction) as its seen I have caused this and made myself intentionally homeless and therefore do not qualify? If so, I realise I will have to seek alternative accommodation, will I still be able to remain on the housing list? (I am sick with worry over this, if I get suspended from bidding.... Being able to qualify to go onto the waiting list, one of the terms is that you mustn't have rent arrears with neither council or housing association (no mention of private sector) and I didn't have arrears when I was added to the waiting list.....However, I do now (private sector), will they throw me off? I am petrified to call them and this will cause me so much stress...
  11. Hi all, first off I'd like to say that I am really quite bad at figures/dates/number related things so please bear with me. Its why I'm here I took out a Wonga loan in Sepetember, I'd done this before as an emergency and paid back. Fine. This time I could not pay back. I lost my job. Here are the figures: I borrowed £350 in September I was due to pay a single payment of £455 in October. I couldn't. I set up a repayment plan, that bounced. So I set up another which I paid a few times. It bounced again because the minimum they would accept is £40 per month, which I can't afford. And now I'm here. As it stands my account info looks like this; Total amount owed £560 Capital repayment £350 Interest £366 Repayments made £160.97 Can anyone advise me what is the best way to approach them? They WILL NOT reply to my emails (only standard meaningless replies) and continue to call me even though I have specifically said my phone is broken (true!) I'm here because I'm in financial difficulty and the interest they have added is making me even poorer. What is the minimum amount I have to pay them back? I have no income and live with my mum at the moment. Thanks
  12. I am livid...I have just moved to a property on a 12 month contract to find out last night (hand delivered) that my landlord is serving notice on the property after just moving into it in April. The notice states we have to move out by October. I have read that you cannot serve notice until six months. So, does Six months mean they can't serve notice until we have been present in the property for six months. I don't know why this is happening but to say i'm disgusted is an understatement..
  13. Insurance with Alliznz through pay as you go home contents with LA. He pays £11 a year for contents of his home. LA builders cause damaged to property and insurance is saying is not covered. Their policy says under breakage cover that glass and mirrors accidental breakages such as mirrors ceramic hops on cooker not built in. But they would not be covered if the home is unoccupied. My relative was out at the time the damage was done and did not find it until retuned home that evening, does this fall in the category of unoccupied. Another clause in the policy which under TV, Satellite and raid receiving aerials and aerial fittings breakage or collapsing. I am not sure if this falls within the TV receiver in the policy either. The council contractors turned off his TV aerial a year ago and did not connect back to the digital on the roof of the of his block of flats resulting in him not getting any digital TV, would that fall within the category in the policy. He was getting digital before the council contractors tuned it off last year. The council has been charging tenants £4 a month for the last 4 years for digital aerial which he as receiving before their contractors tuned it off.
  14. Following redundancy, I ended up with a lot of debt in the early part of 2007. Long story short, had a CCJ for my mortgage (but was able to sell the house and clear tht debt in May 2007) before the repossession date, bit I still owed money to telecomms and utilities. Last year I started paying off my LloydsTSB debt, and today Moorcroft have started chasing me for the water debt. I checked my Experian Credit report today, and there are only 2 negatives showing. One is the current Lloyds default and the other is because I've not cleared a debt per contract (but then, I haven't HAD any credit or oustanding contracts etc in the last 6 years). Does this therefore mean that my utilities and telecomms debts are now Statute Barred - or is it because they may never have appeared on there in the first place? I should add that my two previous addresses since 2007 are linked to the old address, so it's not like these people couldn't have found me earlier. Any advice would be greatly appreciated!
  15. HI, Quick question regarding Schedule 4 http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted Section 9 i) states the following (i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case). Given Schedule 4 is for 'recovery of unpaid parking charges' I assume its for correspondence after the initial ticket? I received a ticket for parking in a disabled spot without a blue badge at a local retail park. I ignored the ticket and the first letter where they provided a picture of my car in said spot. The next letter I received from Debt Recovery Plus did not have a date stamp on it, despite asking for funds 14 days of the date of this letter. Still have letter. Is everything now null and void as they didnt adhere to Schedule 4 procedures? I have since received a Note of Intended Litigation from DRP and more recently a 'Notice of Debt Recovery Assignment' from Zenith, who are now offering a reduced fee or £80 if paid within 14 days. ha On another note are they allowed to try and claim £150 if the original ticket was £80 given... Paragraph 4, Point 5 of Schedule 4 states The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)© or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified). Thanks!
  16. In brief, late paying a magistrates fine. Contacted fines office got the brush off, " nothing we can do mate notice of distress issued you must deal with the bailiffs ( Philips ). Go to local court , same story you cannot go in front of a Magistrate to explain situation as Distress notice issued. Give the fines office a ring see what they can do ! So I am at the mercy of Philips, if I do not agree to their terms I am snookered. They could pluck any figure out of the air for me to pay back monthly. If I am not happy do I accept their terms ? Or what is the next course of action
  17. Just got off phone to Barstons re parking ticket payment. Cannot believe how civilised they were, probably be a lot different if I refused to pay ! Have they been dragged over the coals recently ? I emailed my parking athourity saying that if you google Barstons look past their glamorous, award winning website and see some of the negative feedback they get concerning their ruthless debt collecting activities. Are you happy to have these people working for you , and to be assosiated with ? I wont hold my breath waiting for a reply.As Barstons do not reply to e-mails. Would it be agood idea to email them the complete works of Shakespeare !!
  18. Hi guys was just looking for some clarification on the 8% interest payments. I have just received an offer from Barclaycard for a PPI claim of just under £2100. The amount comes from a credit card (initially with Goldfish). When I received the offer the break down of the payments indicated that I am not due any interest at 8%. When I rang to query this I was told that because the PPI was still active as it hadn't been cancelled and as such I was not due any interest at 8% as this interest only begins to accrue from the point at which the policy is cancelled. Just wanted to know if this is correct and standard procedure?
  19. I am going through the guidelines here on reclaiming PPI in order to get a good grasp of what is involved before going ahead. I am not sure on a couple of fundamental points, and would appreciate some steering please. The PPI relates to a credit card I have held since 2002. I note from the letter-templates here and from other documents that you are required to specify the reason why you feel the insurance was mis-sold, and also that you should ideally (must?) claim a particular sum that you believe is the amount involved. When I applied for the card I believe it was with a form received through the post. I no longer have any memory nor a copy of that form as it was so long ago now, so can not recall precisely what was asked nor what specific details I filled-in. I was not *sold* the insurance, but would have ticked an appropriate option-box to accept it as before the whole PPI issue blew up I always felt that the built-in cover was a good thing to have in case of hard times. I assume that either there was an amount of information their on the form telling applicants what the insurance covered and exclusions/circumstances etc., or that its equivalent was provided with subsequent paperwork. I also assume just now that the card issuer would today lean on the ticked acceptance box as indicating that they had made me properly aware of all relevant particulars, and that I had acknowledged them and agreed. The reality however is probably closer to the fact that if I had been presented with the normal microscopic T&Cs section/sheet, I probably wouldn't have given them much of a glance at all. I would like to think that there is an element of common-sense somewhere, such as a concept of "reasonable expectations" when it comes to people's understandable oversight when it comes to the endless small-print on forms for example, but I am not holding my breath ... With this information therefore, I now have three questions. 1 - As I have to specify a mis-sold reason, and whether just for that purpose or also to have accurate information now anyway which would seem very sensible, can I get a copy of my application now to see just what I was being offered and how I applied? If not, then I don't see how I can even check for mis-selling and then specify a basis for claiming in the first place. 2 - Does the provision of printed particulars of the insurance - whether on that form or in a subsequent document - constitute *selling* in the same way that a for-real person would be supposed to point out to you the effect of such things as pre-existing medical conditions, unemployment/retirement, alternative insurances, and other things that are widely given as mis-selling reasons . .. and does ticking their box at the time mean that all was known-about and understood so legally there was no mis-selling? 3 - I do not have any way at all of calculating how much I have paid in monthly PPI charges over the life of the account as I do not have my statements going back all those years. I couldn't even guessstimate even if I wished to, as the monthly amount varies anyway of course according to the card balance. I am sure I am not alone in not keeping statements going back to the year dot however, so what is the approach taken to arrive at the figure you are claiming? Maybe there is an industry-formula, though I can't immediately see how that would be possible given the extremes of people's credit-spending and repayment habits ... Any guidance would be welcomed as just now I do not readily see how I can even formulate a claim. Thanks.
  20. I'm based in the UK and looking at having a PC built by a american company. I've had several chats with the owner and we have come up with a list of components I want. He then sent me a itemised invoice/quote for me to look over before I give the go ahead for the project. He'll then send an paypal invoice and that will start the ball rolling. I know paypal offer protection for bad transactions and also there is section 75 for some credit cards and chargeback for others. I wanted to check if these paragraphs from the which consumer website still hold true?? ***If you're making a card purchase through PayPal it's best to empty your PayPal account regularly so there is no credit balance. That way, when you make a card purchase through PayPal, the same amount will be debited from your bank account or credit card as goes immediately to the seller. **** I wanted to ask if there are any extra steps I need to consider to protect myself from possible fraud, or do you think I'm pretty much covered? Thanks
  21. I'd appreciate some clarification on this as I have an appointment at my bank tomorrow. I'm unsure of the details but I think if one has an agreed overdraft then they can apply charges. But, if charges are applied, then the money available to me to use for day to day items is then diminished. What happens in this case? I was on ESA and then JSA since February 2009 and in September 2011 I became a pensioner. I have an agreed £1000 o/d although the only income I have is my state pension + about £4.00 pw from a County Council pension. I have been charged for various failed SO/DDs. I'm not able to bring the o/d down and it's use is slowly being worn away. Is BCOBS of any use to me? Thanks for any info on this situation.
  22. Hi I am a little unclear on the rules around accounts and defaults. I have account which has been in dispute for a very long time with the credit company who kept passing the account from one DCA to another who then sent it back when I informed them of the dispute. Earlier this month the account was marked as satisfied with the credit reference agencies, and this week I received a letter from Lowell with the usual threatening tone. I have replied in the letter, and as well as stating that no debt is acknowledged I have also stated that no contract or agreement exists as I have received no notification from the original credit company. I have asked for a full list documents under CPR (they mentioned legal action so I took advantage). What I wanted to know is what right do Lowell now have about placing a default or even an account with the credit reference agencies since the original creditor has marked the account as satisfied. I have no agreement with Lowell and they have yet to produce a deed of assignment. If they place a default on the credit file, can I object to have it removed if there is no Deed Of Assignment?
  23. Hi, I am trying to gather some information to help me clear up a few CSA related issues and was hoping someone could clarify a few points for me. Background: NRP was self-employed and earning a low income. As a result of income levels the NRP was exempt from submitting a tax return and was also in receipt of the full amount of Working Tax Credit. During this period of self employment the NRP believed that they were paying the minimum of £5/week to the CSA. The PWC stated that they were in receipt of £5/week during this time. It was the belief that this minimum payment was being paid from source through the Working Tax Credit. More recently the CSA have demanded several £1000's of arrears from the NRP, stating that the £30/week default minimum applied. They further stated that this was because the NRP had not declared the low income from self-employment. To muddy the waters a little the CSA stated that they could only calculate the actual amount owed from the tax returns and as no tax return had been submitted the arrears @ £30/week were correct. (They seemed incapable of understanding that the individual was exempt in law from submitting a full tax return, due to low income from self-employment). The NRP, as stated, believed the £5/week min was deducted from his WTC payments and the PWC says that she received this payment during the revelvant period. The CSA say that this never happened and that no payments were collected during the period of self-employment - thus the arrears calculated at £30/week. Can anyone please please offer guidance on the rules in action here. i.e. Can the CSA collect the minimum payment directly from the NRP's WTC? If they did can they still enforce arrears at £30/week? Can they really claim that the alleged arrears (@ £30/week) are enforceable as no tax return was submitted - bearing in mind that the NRP was exempt in law from having to do so. Additionally, the PWC is currently on Income Support and the NRP would like to pay the PWC a reasonable amount monthly and in person as I believe the PWC has the right to do this and remove the CSA from the equation? Can some please advise if possible, as the situation is remarkably confusing and the NRP cannot afford to pay twice simultaneously (direct to PWC and CSA) should the info he has so far be incorrect. Thanks!
  24. Not sure this is the correct place to post but I can't see one specifically for legal clarification. I have issued a claim form against a company for damage to my vehicle. The claim was issued on 23 May 2012 and served 25 May 2012, the Defendant filed an acknowledgement of service on 30 May 2012 meaning they had the full 28 days ending 22 June 2012. Meanwhile the Defendant appointed a solicitor and I received an acknowledgement around 1 June 2012. On the 15 June 2012 I received a further letter from the solicitor advising hat they wanted further information on the claim and requested a Part 18 request, also informing me that they had only just received the claim form from their client. They specifically request further information on two questions (I know and have read that part 18 is a fishing expedition to see how strong or weak your case can be) but I just wanted to clarify before sending anything back to them what I should do and how I should do it. I have attached a copy of the Part 18 request. This has not gone in front of a judge and has come directly from the solicitor. I have an idea of what to reply with, but I just wanted a view/opinion and some clarity over the part 18 rules. Thanks
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