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Found 48 results

  1. Having looked at partners credit file Lowell got A default ccj last year Paperwork sent to old address moved out just over 6 years ago. Forms filled for set aside hearing date end of this month. Lowell have e-mailed today We refer to the above matter and in particular your application to set the judgment aside which has been listed for hearing on ## november 2018. Upon consideration,our client is proposing to consent to the judgement been set aside and has instructed us to prepare the attached draft consent order for your consideration.we should be grateful if you could sign and return to us by e-mail if possible or post. Once we are in receipt of the signed draft consent order,we will also sign it on behalf of out client and forward this to the court requesting that the hearing vacated. Should the court approve the draft consent order we should be grateful ifbyou could provide a copy of your defence so we can take instructions. Once this ccj is removed if they send a new claim where would statue barred come into play Did the default ccj stop the clock and restart once removed? It was a shop direct account around 450 so not a big amount last payment would of been early 2012
  2. Hi All I've read a lot of horror stories about Utility Warehouse but none that quite matches my scenario. My partner and I recently moved house and the previous tenants must have been with Utility Warehouse as we received tons of mail from them, telling us the house had previously been supplied by them and trying to coerce us into sign up. I only opened the first two and consigned the rest to recycling. Then today, I received a letter in a plain white envelope, which I opened. The letter is a demand for a 'missed payment' along with a membership number. It is addressed to a Mr . It also states we will be liable for a £6 late payment fee. Now, I've written to them stating neither they, nor anyone else, can enter us into a contract without our consent, and telling them where and just how far up they can shove their unsolicited spam, I was wondering if anyone else had experienced this? I'm guessing they were forwarded our details by the letting agent (as the current supplier) but has anyone else experienced this? It's one thing to bombard you with marketing mail in the hope of signing you up, but it's quite another to sign you up then claim you've missed a bill. This crosses over to fraud in my book. Thanks.
  3. Hello I was on a training course provided by a training provider on behalf of dwp while on course i did not sign their data consent form as, I did not agree to what was on it I only put the date on it. I received contact from the company by phone and email also text message so i emailed them telling them to stop contacting me No reply. i decided to contact them via an ico letter asking why they contacted and they provided me a copy of the form and said as ,I signed it they could contact me. on looking at the form my signature has been forged and also my name has been written on form not by me. I am hundred percent sure its not mine as i only dated the form. I have spoke to ico and they seem bothered how my data is used. What would you people say to do I think its best to write a letter saying that i have received a forged signature and ask them to investigate just not sure what to do now thanks for any advice
  4. Hey folks, I took a small business to court because I believe there's strong evidence that their work damaged my car. At the initial hearing the court hadn't issued the letter telling us we needed to exchange evidence, so we were dismissed with a date to exchange evidence by (within a month) and told to return another day on a date set by a letter that would be sent out. That hearing cost me nothing because I was in a two week holiday. I receive a letter with the new hearing date on after a few weeks. Some time goes by and that month deadline for evidence arrives. I receive an email from their solicitor (I'm acting for myself) to request a one week extension, which I grant. A week later, on the deadline, I receive an email copy of the evidence. Hearing date arrives and they're a no-show at court. Neither them nor their solicitor arrive. I'm taken into the room half hour late, during which I offer to call the other party to ask where they are - the judge tells me it's their own responsibility to be there. He decides not to take oral evidence but makes judgement based on both written statements. I win. Almost a month goes by when the letter arrives that I've won and how much I'm owed. Two days later I get an email from their solicitor - they never got the letter with the court date on it. They want me to set aside judgement, presumably so we can go to court again. Now, I have several issues with this. Firstly, I'm self employed so my business lost a full day of income at that second hearing. A third hearing will cost me another full day. I can't claim anything for it as there's no evidence I lose personally - my business does. Secondly, there was a week shy of three months gap between that first and second hearing. Surely any solicitor would enquire after a month of the first hearing when the second one is going to be? Why would you wait three whole months when the second hearing is obviously going to have taken place? I don't mind that they want to face me in court. I mind they didn't turn up in the first place. Another day in court means my business income loss would equate to 39% of my claim, which I feel is getting a bit excessive. So before I say no or yes - what should I do?
  5. Dear all I have just joined this forum in the hope I can request for some advice on my current situation. I have an NRAM together mortgage on a property bought in 2005. The mortgage is £99,500 and the unsecured loan is £23,500 outstanding. My property is in Stoke on Trent where house prices are slow to rise. The last valuation I have had shows the house to be wroth round £97-99k. In 2007, two years into the mortgage, while it was still with Northen Rock and before the crisis I was offered a job in London. My salary increased from £32k to £50k. I requested Consent to Let but this was denied. I nonetheless went ahead with the move to London and rented out the property. I understand that this was a risk, in breach of my mortgage t & c, and in the high spirits of the time when we felt the bubble would not burst I decided it was a risk worth taking; especially as my salary would offer greater security in my maintaining my repayments. Needless to say, I have never missed a payment, before or since, I supplement to mortgage (the rent I receive is £500 and the mortgage payment is £675.) I am not seeking to justify my decision, I knew I was in breach and I knew that I was taking a risk. I have landlord's insurance in which I told them I did not have consent to let and they said that would not affect any potential claim (now, whether that is true or not I cannot say in fairness, but I did ask.) Ok, so 7 years down the line, I am still in London, renting and still unable to fulfill NRAMs criteria to be granted consent to let; have not checked with them specifically, but going with the broad evaluation in terms of rental ration to mortgage, which is what they asked their decision on in the first request I do not believe I would be granted it. Unfortunately this has meant that annual statements are delivered to my stoke house and last year my tenants returned to sender not forwarded on to me (one of the other caveats of risk taking alas). I am now flagged on NRAM's system as a potential mortgage holder who is renting without consent and I also know that their remit, and incentive is somewhat different to a mortgage company; so that if they can find you are in breach of your mortgage conditions they will take rather severe and unforgiving action. I spoke with them on the phone about why the mail had been returned (lied and said it was due to a postal error). They clearly don't believe me for they have asked me to send them a letter with a utility bill to confirm I live there before they take whatever flag they have put on my account. I want to get an exit strategy in place before I come clean with them as that may leave me with a very limited time frame. Even though the unsecured part of my loan would quadruple in interest once it's decoupled from the mortgage, I am wondering whether it may be time to sell the house and cut my losses? If I'm on NRAMs radar as it were, then when they find out I'm in breach I am unsure as to what my options will be then. I have no problem accepting the fact that I chose this mortgage; I am and have been making all my payments on time and moreover accept the fact that the unsecured loan will cost me much more when I sell it. My anxiety is if I can sell it before NRAM find me out, if my options are significantly reduced when they do, if I am facing a prison sentence for fraud (all outcomes I hold my hand up to - I do accept any repercussions of my decisions), but I'm trying to gather as much information as I can to at least try and make some better decisions in the future. Any advice you may have for me will be gratefully received. Many thanks
  6. A retired lawyer by the name of Robert Ransome has published his research into the planning consents or lack of them for all the private car parks he knows exist. It is clear that in most of the places no PP exists and is required by law so the arguments we have used here have been reinforced by his work and the ParkingPranksters commentary on the whys and wherefores. There is alos some clarification over whether retrospective permission can be given and the answer is NO so those who got caught out by Parking Eye's lies have recourse to remedy if they wish to choose it. the problem is that you have to get the local trading standards people interested and they rarely look into matters that are of little concern as far as things like public safety go but it is always worth getting a compaint lodged so they can collect the data for the future. The research is linked to the parking pranksters web page ( the dot com, not the blog) but is linked via the blogspot. My first fight with a private parking co was with Parking Eye over a NTK issued at Lidl in Addiscome Rd Selsdon more than 7 years ago. I took them on regarding the lack of PP and was helped by the fact that Lidl's main car park used to be the pub next door they flattend but failed to tell the Valuations Agency and the local council so a relatively easy victory it set the scene for how the parking companies hide behind the skirt tails of the landowner when they are threatened with having to pay business rates for being there ( Lild forgot to tell the council and VA that they had turned the pub into a car park so the land hadnt been assessed for business rates). I know the upshot was that PE just passed the buck and Lidl landed a bill for another £50k on their rates becasue they denied that it was a separate business. I suppose Lidl paid up as they could then give PE the boot if they desired to do so but my gut feeling is that the contract was so poorly worded they didnt fancy testing it. So, look up the relevant place and even if your ticket is from a hotel or residential development the law is the same, they need PP, even if it is given on the nod upon application.
  7. Hi all, It would be literally life changing if you can help with this one! Last year I checked my credit file and found I had a CCJ. The claimant was the managing agents for a flat I owned, the amount £1314 and it was registered in November 2012. Being a bit worried about the word CCJ I paid it immediately (Dec '14) and then set about investigating it. It turned out that despite notifying them of a change in correspondence address (I moved out and tenant moved in), they had been writing to the flat to notify me that my standing order for ground rent wasn't set up properly (I think after changing bank accounts). The tenant, I'm sure thinking he was being helpful, kept my post safe for me until he moved out!! The pile was nearly 1m high when I eventually reclaimed it! After a bit of internet investigation I figured I had grounds to have the Judgement Set Aside by Consent - I spoke to the claimant and they agreed to have it set aside they got their solicitors to issue a "Consent Order". I sent this with the correct forms and my own explanation of events to the courts along with £50. After 10 days or so I received a letter back from the courts telling me that my application had been rejected as the judge felt my application amounted to "credit repair". It went on to say that the judgement was paid and would be marked satisfied on my credit file. Fair enough I thought... That was until I recently applied for a mortgage and the underwriter informed me that I was "out of policy" until the debt had been cleared for at least 3 years. You can imagine how frustrated I am now with hindsight that the judge had felt it necessary to reject my application. Why would ANYONE want a judgement set aside if it wasn't to repair or reset their credit?! Surely he should of considered the facts rather than base his decision on opinion?! I paid a debt as soon as I found out about it and I've ended up with a 3 year sentence - you'd get as much for aggravated assault! I've spoken to the court again and despite it being longer than 7 days, I can apparently fill in a different form and send another £50 to appeal the judgement. My question, albeit a little long-winded, is: what chance have I got of winning an appeal? I don't want to throw another £50 at this and end up with the same result BUT if I knew I could get it set aside, I'd happily pay a hell of a lot more! If someone thinks they might be able to help, I'd happily pass on any documentation I have. Thanks.
  8. Can anyone help please? We moved into in a grade II listed building. The listing describes the windows as "single glazed sliding sash windows in a wooden frame". However, the actual windows in the building are casement windows, top opening and bottom fixed, single glazed in a wooden frame. The frames are rotten and we want to replace. We want to put in what the listing says should be there, i.e. single glazed wooden framed sliding sash windows. Will we need to make an application for listed building consent, or can we argue that we are reinstating, as clearly sash windows were there originally when the building was first listed, and obviously were replaced "by others" before we arrived, and we are therefore are not changing what is recorded as being in place on the building? We just want to get on and replace, before the really bad weather comes! Any comments suggestions would be appreciated. Thanks t
  9. Hi All, A friend of ours is in a huge amount of debt from her marriage, where her husband built up this debt, cheated on her and was also very abusive. Our friend had no choice but to go into a refuge with their 2yr old son. Whilst in the refuge, her husband didn't give her dog the medication that it needed and it became ill. the husband took the dog to the vets in the morning, but the vet put the dog to sleep in the afternoon. The dog belonged solely to our friend, not the husband. The vet did not call our friend on her mobile phone to speak with, as the dog's owner), they were happy to speak with her estranged husband. The vets have sent our friend the bill and asked her to solely pay it as the sole vet account holder and dog owner. She wants to know if they can do that? Someone takes the dog in ( who the vet knows) and destroy it without t=contacting the owner and also without checking that the vet account holder is happy to accept the charge for this treatment? many thanks in advance E5D
  10. I'm currently divorced but have recently noted from the divorce documentation that a Clean Break Consent Order is needed to ensure my financial future is protected from any claims my ex wife wants to submit. There are many online websites that can help, for a fee, but I want to do this myself if possible - is there any specific forms I need to complete or download since I cannot locate any on the internet. any help appreciated.
  11. Hi all, I am a complete mess and in need of your advise pretty please. Two days ago I was rejected for credit and therefore checked my file- A CCJ had been ordered on 24.02.2016! from CEL. I received first correspondence from them on 20.01.2016 relating to a date in May 2013- clearly I had to try and recall that date in question as it was three years previous. I was also cautious of the fact it could be a fraud type letter and didn't act. I then received another on 12.02.2016 stating the charge had gone up to £220 and after pinpointing this was a car parking fine I contacted the restaurant in question to make a complaint. I found out they were currently in dispute with CEL regarding over 15 claims as they were chasing historic fines from 2013 where customers had overstayed two hours, although there was a three hour window. I was in communication with them and CEL via email but did not contact them direct to admit any liability due to the dispute. I did not receive any other letters regarding court dates etc.. from CEL. However, it looks like they went ahead and gave me a judgment without my knowledge- and now it is too late to pay within 28 days as I had no idea it had occurred until this weekend when applying for a loan and being refused credit for the first time ever! I have emailed CEL directly yesterday stating that I have not had the opportunity to dispute/ respond to the court date/ judgment and today their legal team would be in agreement to having it set aside by Consent. I literally do not know what my next step is.. Do I still apply for a N244 stating I was unaware AND I potentially have a defence (less than three hours stay as a proven restaurant customer) or is there a different way to do this? Does it go to my local court or Northampton where it was issued? As much as I do not agree with their conduct, I would rather just pay whatever I need to in order to protect my credit file which also impacts my future employment choices as well as having an adverse credit file.
  12. I wanted to know what the new rules are with regards to withdrawing consent for the WP to share your info/contact people on your behalf/claim their fat payment for my hard work when I get a job .. as I am sure I read it had changed since last year, also coincidentally each time I attend a review meeting I get loads of spammy job/credit emails in the weeks after which seems a little timely!! Am getting increasingly fed up with the WP provider, by and large I have had a year of having to attend weekly job clubs with slow computers and the like but since I hit the year mark it seems to have ramped up big time, I have a good work history with good companies and a degree and the minute my latest advisor saw it his eyes lit up and I have been pestered left right and centre. I was upped to two job clubs a week and also appointments/training sessions/interview techniques etc on one or more additional days a week and it was getting silly and made me ill so I had two weeks off with stress symptoms. I then had more blinking appointments and changes to my job clubs and was told a few weeks back at 1pm on a Monday that I was to stay after job club that day for extra sessions looking into agencies and applying for more jobs for 2 hours each day that week (mysteriously my letter had 'got lost in the post' telling me this), I kicked up a bit of a stink as I am a single parent and said I had to pick my son up from school at 3 so those times were unsuitable, so with a bit of looking at bus timetables he relented to sessions from 1-2.30 each afternoon that week which was still pushing it as am reliant on public transport which is never the best, I attended the first and then had enough, got upset (I am on antidepressants and suffering severe anxiety at the moment relating to a thyroid condition I have just been diagnosed with) and I decided to get another doctors note for 2 weeks. During this two weeks I had a letter from them saying I had to come in during that time and I politely told him NO, the day my sick period ended there arrived a letter saying I had to attend a review appointment in 2 days time and I just knew he was going to mess me about, sure enough on the Friday afternoon at the appt he says I need to up my attendance to daily sessions of 4 hours, which means dropping my son at school, a 45 min bus journey there, then getting back in just enough time to pick him up, I protested that I had a PC at home and why did I need to do all this on their premises and he said I might 'get distracted' at home (as opposed to their noisy office of course!!), that I had appts to arrange and so on which were being neglected due to them calling me in all the time willy nilly saying they are mandatory and have to attend, and he said as I was a jobseeker I should jobseek during those hours, I have no prob doing this, my JSA agreement says 5 jobs a week and they say 10 which I do easily and have never not done, he is also pressurising me to do full time work/get a better off calculation for FT work, which my JSA flexibilities say I don't have to pursue due to being a lone parent, there is no mention of any beneficial training, and any suggestions for that or clothing for interviews have been shot down in flames, its just flaming jobsearching in their offices every day, presumably so I can't attend any interviews without them knowing and that I get fed up with the arrangement. Its not as if I am not trying to get a job, I have had about 6 interviews in the last few months but none successful, am really fed up with the situation with the WP and its making me feel worse, we are reviewing the situation tomorrow after my session and I know he is prob going to suggest the same again next week when I have 2 inset days at my sons school, I really just resent the fact that they think they can pressure me like this and assume I have no plans for the week or anything else to do, and then get a nice big payment for MY efforts at the end of it all so want to know what my rights are, unfortunately at the beginning I signed all their docs as I was being too blinking nice!! PS. Sorry this is a bit of a rant having looked at it, but felt good to vent!!
  13. Hi all! Hope this is the right place for this question, i am hoping someone can help. I am a LIP (Defendant) as a LIP can i sign a Tomlin/consent order? Secondly who is responsible for paying the fee for this order? I understand the fee is £50. Any feedback would be much appreciated.
  14. I subscribe to Noddle a free credit score and report checking service. I can see that Robinson Way accessed my credit file in November. It is about a debt I had with egg about 9 years ago although I continued to pay £5 a month until 2011 so not statue barred. I had just managed to get a good score as the previous default occurred so long ago. They have started legal action again which means that a debt taken out in 2004 which defaulted around 2006 will be shown on my credit file for another 6 years if they are successful with the legal case. So all in all 12 years of no credit for me at sensible rates. This cannot be what the government intended with CCA legislation. Also can Robinson Way access my credit file without my consent ?
  15. Hi, I took a company to court and the day before the hearing their solicitor called and agreed a settlement sum. He then wrote to the court to say we had settled. The next day before the hearing we signed a consent order (myself and the third party solicitor). I went to the hearing and the judge put through an order as per the consent. The third party did not pay and despite chasing their solicitor he always said "I'm waiting further instructions". During the claim I did not speak or deal with any of the third party, only their solicitor. The company went into liquidation some 6 months later and I am not getting any payment (nothing left liquidator says). Can I sue the third party solicitor as he signed the consent order and I believed his client will pay? Solicitor says this was not an undertaking, just following instructions. Thanks.
  16. I was involved in an accident two months ago, I was the passenger in my car but was not the driver. The other party admitted full liability and the police are taking action against him. I suffered injuries for which I am still receiving treatment. My car which was only 6 months old would not start at the scene, the insurer arranged for its removal by recovery services and told us since the air bags had been deployed the car was likely a right off. I believed this was to be the case. It is a very long story but at no point did the insurance company contact me in the aftermath other than to offer me money for injuries. I eventually discovered by default that my car had been taken to the third party insurers approved repairers. I withheld consent for them to undertake repairs. My model specific finance company said they were not approved repairers and wanted the car taken to a model specific repair centre, I insisted this happen and was refused.. I have discovered there was a repair limit to my car which the insurers repairer has come in at just under the threshold. I am convinced if my car had gone to the repairer of my choice it would have been written off. At every opportunity I have withheld consent in writing and verbally to both parties. It now appears that on taking my car to the dealer to have the ECU system cleared they have picked up that the seat belts were broken in the accident and need replacing, this is despite the fact that the repairer insisted my car repairs were complete. I dread to think what might have happened. It has now been two months and my car has still not been sorted. The insurer offered an engineers report, however after speaking to the engineer it appears they cannot definitely say whether there has been any structural damage without stripping the car back which they cannot do now that repairs have been done. The work undertaken only carries a 12 month warranty and is not transferable, thereby affecting residual values. To be frank its a mess and is really affecting my recovery. What are my rights? I have no faith in the repairer and do not want my car back. I am convinced that had I been allowed to use the repairer of my choice the car would have been a cat d or c write off. It also now seems the repairer did not have the necessary equipment to properly assess my car, if they had the fault codes for the seat belts would have been apparent.
  17. What are the consequences of one party referring to without prejudice discussions in court without the consent of the other party?
  18. Hi i would be grateful for any clarification other caggers can provide. LTSB Gold Service Payment application form circa 1990's. across the top of the application 'Lloyds Bank Gold Service Payment/Photo Card Application Form' underneath Credit agreement regulated by the Consumer Credit Act 1974. this is very confusing as part of the document states under 'Security' 'the overdraft facility made available under this agreement is unsecured and shall not be secured or treated as secured by virtue of any mortgage, charge or other security which i/we may have already given (or may in future give) to you. does this then mean that if there is a dispute that LTSB cannot enforce to change the 'unsecured' to 'secured' via a CCJ ? then further down it states 'to be considered for a Lloyds Bank Gold Service Payment Card you must sign in the box below' this implies to me the A4 form is an application form and not an agreement, however in the signature box it refers to 'this is a Credit Agreement regulated by the CCA' has anyone else come across this? and what is the position. Thank You
  19. I'm new here and my apologies if I'm not placing this question in the right part I'm an individual and I lost a case against an organisation. I was ordered to pay £25,000 to the organisation (their legal expenses) .. I appealed the Civil County Court decision and part of my appeal is going to be heard in about 3 months. We both agreed to settle the case; I withdraw the appeal in an exchange of not paying them the £25,000 or anything else such as the appeal costs/preparation .. I do not have a legal representation so their solicitor provided a consent order .. I just want to double check if there is anything that I should be aware of before signing it ... does it have an hidden legal term that I'm not aware of . . Does it says exactly as agreed above .. The consent order says: 1) The Claimant forthwith discontinues his appeal and there is no order for costs 2) The Defendant will not pursue the Claimant for the costs order dated 01 June 2015 3) This is full and final settlement of all claims that the Claimant may have against the Defendants in relation to case no. **** and/or any other claims howsoever or whensoever arising as at the date of the withdrawal of the appeal, whether the Claimant is currently aware of any such claims or not. Your help is really appreciated
  20. Recently, I have been seeking a mortgage and have been to three mortgage brokers to get a mortgage quotation. Since receiving quotations I have selected a mortgage broker to act on my behalf, making my full credit report available to them, and also presenting all the required documents required for the application in principal. Before, I selected this broker, a previous mortgage advisor, has decided to obtain a mortgage in principal without formal consent from myself, which has had a negative impact on my credit report as he did not have access to it, and I have not given him my report as I had not selected him. Also the broker has not been presented with any of the supporting documents required by a lender. Could you please advise me of where I stand in this situation? Many thanks, M
  21. Hoping someone can give me some advice here but it seems to be quite a unique situation, with a solicitor even shrugging her shoulders and saying she'd rather not get involved due to lack of experience.. . Apologies in advance for the long post but it is quite complex! My aunt passed away recently leaving me, my brother, and my sister as administrators. She owned a house as "Joint Tenants" with her ex husband. Upon their divorce in 2011, a consent order was made whereby the house was to be sold and the net profits split 60/40 in her ex husbands favour, with the actual sale of the house to be conducted by him and his solicitors. For whatever reason, the house was never sold and, frustratingly, the title deeds were never amended to show a "Tenants in Common" situation. There is also a joint mortgage outstanding, with 6 years remaining before its cleared. Now, neither he nor his solicitor are disputing the sale of the house or the split of the net proceeds, but he's not being forthcoming with the outstanding balance and whether or not there is any kind of life assurance policy included in the mortgage. I've approached the mortgage company but, as anticipated, they won't discuss the account with me as there is a surviving account holder. I need this info in order to apply for a grant of probate. I'll deal with that issue somehow in time, but my real concern is just how powerful this consent order is. If I officially notify the mortgage company of my aunts passing I'm assuming they'll remove her name from the mortgage and possibly start the process of getting the title deeds amended to show a "Sole Tenancy". Will either of these actions negatively impact the estates claim on the property or over-rule the consent order? Or does the presence of an unfulfilled consent order usurp all else? I don't want to go ahead and notify the bank if it eventually knackers our claim to the property - I can't imagine her creditors being all too pleased if it's the executors fault there's no money for them! The solicitor was less than helpful now I really am stuck and would appreciate some advice if anyone is legally minded or experienced in such matters! It would be ideal if we could change the deeds to reflect the "Tenants in Common" ownership status but, from what I've read, that's simply not possible now one of the joint tenants has died. Can anyone confirm that? If anyone can make sense of this, well done and I'd appreciate any helpful responses.
  22. Hello everyone, I'm not sure if this is the correct place to post this...hope so. I wonder if I share a story, if anyone can offer advice please. 9 years ago, due to illness and family tragedy, my husband got into financial difficulty. Via the CCCS, token repayments to creditors were agreed an interest suspended. Since then, payments have increased in line with affordability. We have reapid a considerable amount, but still have a fair way to go. I know some will say, 'why didn't you try to go the non-cca, unenforceable route' but, all apart from one were helpful (I did get SD set aside re Arrow Global as they wouldn't play ball) so did not want to pursue the fight with the others. Fast forward to now and our circumstances have taken a turn for the worse and, due to a reduction in income (husband self-employed and work slowed, loss of income due to ongoing health issues and hospital visits), we can no longer afford the current repayment levels, so we have written to the remaining creditors to explain the situation (and included an up-to-date I&E). The one I would like to ask advice on is Idem. ORIGINAL DEBT TO MBNA APPROX £7800 APPROX MBNA PAID £4400 APPROX PAID TO IDEM SO FAR £2000 Original Creditor MBNA agreed a repayment programme that, provided we kept to until they were repaid, they would leave us alone (which they did). We continued the payments, then in September 2012, we were advised that they had sold the remaining debt to Idem Capital Securities Ltd, but that the agreement would continue (which it did). We began paying the same payments to Idem but, we cannot afford these now. Idem has written (see letter C) saying that they need express consent to process the information in our letter and I&E, either in writing or by a phone call. As we won't deal with any of this at the telephone, the signed confirmation is the only option. DO WE HAVE TO SIGN AND RETURN THIS? WHAT ARE THE IMPLICATIONS IF WE DO? WHAT IF WE DON'T? What we don't want is for them to 'get heavy' with us, because we can't pay what we can't currently afford. If the repayment programme with MBNA was in place and a default notice never issued as a result (don't have one in file anyway), when the debt was sold to Idem, did that terminate the account and could Idem take us to Court if we can't agree on continued repayments? Any suggestions on how to proceed? Thanks Sorry, forgot how to attach copy letter, it's been so long since I posted on here!! Think this should work. Didn't-too small, sorry. Hoping this works. Can someone let me know if you can see this copy ok. If not, I'll try the other suggested method. Stigman, Thanks for the response. Yes we do have our own house (with equity, I'm afraid). You said send a CCA request (to Idem I presume). Is that n preference to a SAR (to MBNA)? Also, do you know anything about the request to sign the 'express consent' letter and whether we have to do this in order for them to look at our chnge of circumstances/I&E? I've got all the MBNA statements so I can look at them with regard to charges and a possible reclaim. How far can I go back?
  23. Hi Guys, this is a long one so please excuse me and take some time to offer advice if you can. I bought a car worth £6000 which was financed by moneybarn in February so 8 months ago. I fell sick 2 months ago and was unable to make payments and had missed a payment prior to this too, so I put my hands up my payments were not on time and it is my fault. I went back into work last month and made a payment of £300 which is the most I could afford as I have a load of payments which have built up. I had fallen back with my payments to an amount of £800, and I got a call at work today from a guy who works for a company called Ceatta saying he was being assigned to repossess the car. I explained I would pay the whole outstanding arrears in two weeks and he went back to moneybarn with this but they would not accept. I called Moneybarn and they are adamant they will not accept a payment of all arrears to bring the account up to date in two weeks and want the car back to go to auction and I will still have to pay the outstanding money. Incidentally a few months ago I transferred the V5 into my fathers name as he is the main person now using the car, I kept the finance in my name. Do I have a leg to stand on? I am gutted because I know the car will fetch a fraction at auction and I will be liable to pay the whole loan amount. Moneybarn have also charged me numerous late payment fees over the 8 months. I have told them I need a day or two to get advise, what would you guys suggest is my best option? Thanks in advance.
  24. read the lastest post on the parking prankster's blogspot about planning consent for parking signs, it is something I have beaten PE on before so not an isolated example. http://parking-prankster.blogspot.co.uk/ So, if you get a Court Claim than one of the documents you should ask for from the parking co is the planning consent for the advertising display board. Check with your local council as consent is needed for any sign big enough to be acceptable under the CoP covering the signs that form contracts. Generally the parking co's do not apply for PP and rely upon existing consent from the stores. However, in the case when I beat PE, the car park had a separate address to the store as a building was demolished to make way for it and no planning applied for so not only were the signs illegal, the car park was separate and thus would have attracted business rates of its own. I know that PE applied for PP and had to erect new signage as a resulot of my action so it is always worth checking.
  25. Hi all - I am new to these forums and am desperately seeking advice as to whether I can take a complaint with a local emergency vet further. I am beyond devastated at the moment - I suffer with anxiety and depression which has worsened since I lost my beloved 4 year old cat. I got my cat shortly after my Mum was diagnosed with cancer and he was a great comfort to me, especially after my Mum passed away in 2011 - I believe that my cat, Jasper saved me after I lost my Mum - he was so loving and affectionate (am crying as I type this). Jasper was insured, fully vaccinated, micro-chipped, neutered, well looked after and ate better quality food that I do(!) Below are details of what happened to Jasper and the stress and upset that came about afterwards (all of this information was provided in an email to the principal vet at the clinic, the RSVS and head office of the emergency vets) After being pushed from pillar to post and told by staff members to speak to other staff members and furthermore, being lied to, I felt that I had no choice but to involve head office/RSVS. 26th August - ginger cat was taken into emergency vets - later found out that 2 ginger cats had been taken in, one of which was also microchipped and from a different area and the owners had been to collect the body which was DOA. 1st September - After advertising my cat as missing via Facebook, information came to light regarding a cat being taken into the vets surgery matching the description of my cat. My partner, that evening went to the vets and was told that it was a different cat that had been taken in. 4th September - My partner and I spoke to a lady who had taken a ginger cat into the local emergency vets - matching the description of my cat and which was found in the outside area of where I live. Following posters put up advertising Jasper as lost, I later received a phone call from a lady who also took the cat to the vets with the other lady. Having told both ladies that the vets only had one cat taken in that night from another area, I believe one of them phoned up to enquire about the cat that they had bought in. 5th Septermber - I went into the vets where the emergency vets operate from in the hope of gaining some information but was told that I needed to contact the emergency vets directly - I was however told that a ginger cat (the one from a different area) had been taken in the same night (26th August) as my cat. There was no information in the book regarding Jasper but information was written down about the other cat (which I have seen for myself) 9th September - At 9.20pm I phoned the emergency vets as advised by the receptionist at the practice where they work from (out of hours) and was told that there was no record of my cat being taken in. I asked if any cat had been taken in that evening and was told a definite no - (this is an obvious lie as I know for a fact that my cat and another ginger was taken in that night) After this, and my building frustration I did a websearch of my cats microchip details and found that information on him had been logged with Pet Log - my partner phoned Pet Log and we were told that a phone call had been made regarding my cat on 26th August at 10.51pm and we were given the name of the person who made the call and where the call was made from (the emergency vets where the 2 ladies had taken Jasper). In relation to Jaspers microchip, on 30th August (4 days after a call was made to Pet Log) I contacted the microchipping company to register Jasper as lost and was told that they had no information on him but would contact me if anything came to light (I have heard nothing from them). Also, all of mine and my cats details were up to date on the system Following this information we returned to the vets clinic with little success, only to be told to return the following evening when the person who made the call would be working. I enquired as to why information on animals is not stored digitally and why there is no record of my cat being taken in, but it was still denied that my cat had even been there. (I find it baffling that in this day and age, computers aren't used to store details of animals which come into vet clinics in the situation that Jasper was). I asked one of the nurses if she could check cold storage to see if my cat could be in there but he wasn't and she was adamant about this (I also showed the nurse a picture of Jasper who was a ginger cat) Furthermore, on an earlier visit I was told that animals are kept in cold storage until the owners are contacted, or for 7 days (often longer) - as my partner visited the clinic to enquire about my cat on 1st September, this was not a week therefore, if Jasper had been in cold storage he should have been returned. The following evening (12 September), my partner and I again returned to the clinic to speak to the lady who had made the call to Pet Log, with my cats microchip details. After waiting a while to speak to her we were taken into a room and given no further information - the only thing to come out of it was that she was the only person out of all the staff at the clinic to admit that 2 ginger cats had been taken in on the evening of 26th August. I asked where my cat was and she said that she was unsure and it would be best to speak to the people who were working that night, one of whom I believe was the nurse who checked cold storage. We were told that they would look into the situation and contact us but we heard nothing. We were also told that we would be given the names of the staff working that night but were but this was not done. My partner phoned the emergency vets head office (10th Septermber at 5.36pm) to take this matter further and were told that they would get back to us - this never happened. I myself also emailed head office and had no response at all. In 2012, Jasper required emergency treatment and was taken into the emergency vets and I couldn't fault the care he was given which makes me wonder if they are only interested in animals when there is money involved. Following the email that I sent (I have condensed it down a bit and removed names etc), I had a standard email from the RSVS saying that I could fill in a form, although they had all of the details that they required. I heard nothing from the principal vet at the emergency vets surgery - when I last phoned the vets I was told to contact the principal vet by letter or email - I did enquire as to why I couldn't speak over the phone or in person but was fobbed off. A few days after sending the emails I had a response from head office asking if I could provide contact details of the 2 ladies who found my cat and took him in to the emergency vets - fortunately one of the ladies was forthcoming (I think the other has moved as the house has a sold sign outside), so I emailed back with the details of the person and was informed that an investigation would take place. As this email was sent at the beginning of October, I had come to the conclusion that Jasper had died but couldn't fully accept it or move on until I knew for sure. On Friday 31st October, I received an email - the email came from head office but was written (typed) by the principal vet with her findings on the situation. Although, as I say, I had come to the conclusion that Jasper had passed away it was still a shock when it was confirmed. The letter was extremely apologetic but some of the issues that I raised were not even answered. Moreover, the email in parts pointed the blame at my partner (for apparantly giving the wrong date that Jasper was taken in to the vets which is wrong and his daughter was with him who can confirm that this is untrue). They have also put blame on the microchipping company for not being able to get my details after Jasper was scanned and blame on me for not making sure his details were up to date (which they were as I rang the microchip company after he went missing). What upset me the most is that the email stated that Jasper was sent for cremation on 29th September - almost a month after he arrived at the clinic, and during which time I phone them/went into the clinic - even asking a nurse to check cold storage. According to the email this was due to "human error". I am beyond devastated - I had suspected initially that Jasper had been cremated and they were trying to cover it up and I said in my first email that, if that was the case I would prefer honesty. But the fact that he was at the clinic and all staff knew about Jasper (from the amount of times I visited/contacted them, they were all aware that I was looking for him). I never got a chance to say goodbye to my best friend - I wasn't there at the end and I would have liked to have had him cremated (on his own) so that I could keep the ashes. The vet did apologise in the email and offered as a "goodwill gesture" to pay for a memorial for Jasper. I have yet to reply to the email because I am so upset (crying as I type this). As a result of everything that has happened, I have been unable to stay at my flat where I have lived for 6 years. My partner lives a few miles away so I have been staying with him but whenever I need to go back to my flat I end up getting extremely upset because my flat has a lot of Jaspers things in there (3 beds(!!) a box of toys etc). It has also had a significant impact on my ongoing depression/anxiety. I don't know what else to type - I just wondered if anyone had any advice? Losing an animal is heartbreaking but to then be denied the chance to say goodbye is horrible. I said in my initial email that I wouldn't want anyone else to go through what I have and the last email I received stated that they have now changed their "procedures" - to be honest I find most of what they say to be untrue. Over the 2 months where I was contacting this practice (which operates emergency out of hours service in many different practices) I did some research and found a lot to be not great in terms of service provided/cost etc. Any help/advice would be greatly appreciated - and apologies for the lengthy post
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