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  1. HI, I had been given a ticket on my car for parking at 4 CHURCH ROAD, ASHFORD - TW16 2UT When I got to the car park I had gone to buy a ticket, because I didn't have the right change I quickly went into a convenient store to get some, roughly in about a minute when I come back to pay for a pay and display ticket I see someone taking pictures of my car I approach him he said that I was being fined for not displaying a valid ticket. I explained that I was on my way to get one and that it had barely been a minute since I parked. (keep in mind this car park is almost empty) He insisted that I go online to make the payment and there was no point in displaying a ticket... With frustration I left the place without buying a pay and display from the advice given I ignored the letters from the debt recovery companies, which spelt my name wrong on the title.. I've now received a letter from Gladstones Solicitors, dated 19th April which i received today (24th April) it states: Re: Our client: Parking Control Management (UK) Limited Amount due: £160.00 Vehicle Registration: XXXXXXX You have previously been written to questioning the settlement of a parking charge. Due to the absence of payment or a valid appeal against the charge, our client has instructed us to recover the total amount due to them as shown above As all other attempts have failed, out client may now instruct us to take legal action against you in the County Court. To prevent such action, we invite you to make a payment immediately or confirm to us in writing your proposals in respect of this debt. In order to avoid any further action you should pay the full amount outstanding within 14 days of this letter. You can make a payment online (Cant insert the link here) or by calling 03330230049 It is important that you understand that if the judgment is registered against you then this could seriously affect your chances of obtaining credit in the future as this information can be made available to any interested parties via the Register of Judgments, Order and Fines, and will remain there for 6 years. If you are unsure about anything contained within this letter, you should seek advice from a solicitor or contact one of the following organisations who may be able to help you: Yours sincerely Gladstones Solicitors (NO SIGNATURE)
  2. Hi, I issued a Section 10 notice (Data Protection Act) on a non-credit related matter relating to the processing of inaccurate personal information held about me. The organisation a) failed to respond within the 21 days (upheld by the ICO) and b) when they did eventually respond, have refused to comply with my Section 10. Most grateful for any guidance on next steps - e.g. how I might go about enforcing compliance through the courts, procedurally. And is their failure to respond within the 21-day timeframe actionable, e.g. distress in light of Vidal-Hall v. Google? Many thanks.
  3. First, some background: I'm 77 but both my wife and I are still working due to need. I work through a private limited company in a form of consultancy, my wife in a retail business partnership. We rent privately a house where we've lived for some 20 years and where the Council Tax has now risen to nearly £280/month for 12 months. During 2015 my work opportunities dropped dramatically, worsened by a couple of largish bad debts. Although I was always up to date with CT payments things started to get particularly difficult from about February and I fell into arrears amounting earlier to over £900. For other reasons (non-priority debts) I'd worked out personal financial statements and these showed monthly shortfalls of income over expenditure of between £350.00 and £150 at different periods; I've steadily reduced expenditure, applied for and received from April Working Tax Credit (about £80/month) and steadily and systematically sell possessions (eBay mainly) while also trying to get work-related income. I've corresponded and spoken with the local council who were prepared to make some timing concessions re payment by scraping around as mentioned above I've got the debt down to just under £500 while still keeping monthly CT payments up to date. I've looked into both getting housing benefit or some form of CT relief but this isn't possible because my wife both owns a house elsewhere in the UK, several hundred miles away, and has tied-up financial assets of over £16,000. My earning are currently zero and so my monthly income (other than from sales of personal goods) is around £525 (state pension + WTC) while my wife's is about £800 (state pension + about £550 earnings). Despite making slow progress in reducing the debt and despite keeping the Council updated with my situation I received last week a court summons for the £500-odd, including a £40.00 court fee. In my last letter to the Council I'd pointed out that I was genuinely doing what I could, that clearly I didn't want to incur additional costs unnecessarily and that if the issue went to court I would argue that I simply had insufficient funds or access to funds and so the Council would perhaps get less than I was actually paying at present. So, some questions: there was no notice of an imminent summons although there had earlier been a general warning of court action. Is it not the case (as the Patricia Perl book suggests) that any court action should be preceded by a clear final demand a fortnight or so before that action? By juggling money around and probably defaulting on other expenditure (including September's CT) I can probably just about meet the demand in time (court date is 5 September) although I'd been working towards paying the current CT and another £100 off the debt. I'm not at all pleased not only about the actual summons but also the added £40.00 I'm considering making a complaint to the Council about premature action contrary to apparent agreement and refusing to pay the added cost (though I guess I'd have to pay it and subsequently claim it as a credit against future payments). How realistic are these approaches and is there anything else I can or should do? Clearly the long term need is to get properly back on track but that's going to take months and in the meantime I need to avoid getting prosecuted. I've seen references to protection of OAPs but I can't find anything specific which supports that. So, any useful suggestions will be very welcome. Thanks in advance.
  4. HI Im a new user here! Help! Have received County Court Claim from Hoist Portfolio Holding 2 Ltd on behalf of Robinson Way/Howard Cohen and Co for £1568 plus £621 interest for a debt that was with first Direct. Was with MKDP LPP but obviously have sold it on to Robinson Way . Had no problems with MKDP previously and had made payments so its not statute barred. Have offered a min payment and sent financial statement as requested but their response was for me to call them to discuss further (i wrote them as don't like to have anything not in writing) They did not respond and have passed it on to Howard Cohen who have in turn issued County Court Claim. Anything i can do to stop it going to court, I don't think i can dispute the debt but i am aggrieved that i have done everything that has been asked by offering a payment. I have other debts and they have all accepted my offers previously so was not expecting this to go this far! is it too late to ask for CCA Request? I don't recall have a Default letter but it may of been sent years ago by original company? thanks
  5. Hi, I run a web design agency we recently outsourced some design work to another agency. To start work I paid 50% of the total fee. It was a relatively straight forward job but it seemed to drag on a lot longer than expected. Several times I made it known I was not 100% convinced by the process or work. After 4 weeks and very little work being done I requested we cancel the job and receive a partial refund. The design agency refused and I had no choice to persevere with the process. Three days before the deadline we began to receive the work however items were missing and not done correctly. 9 days after the deadline and receiving amendments which were still not 100% correct I decided to cancel the job. I will not be using any of the work. I have explained my issues with the work and pointed out why the job is incomplete. The agency are now threatening legal action if I do not pay. There is no contract and I will not be using the work. I have tried to negotiate and reason with them but I have had no joy. How should I move forwards? Anyone else been in a similar position? How would this be handled in court as I am unhappy with the quality of work. All advice welcome! Thanks in advance.
  6. Hi Short version is i bought a tablet from PC world in Oct for a Christmas gift so it was not used until late Dec early Jan Had to return it to PC world early March due to a charging issue at first they demanded i sent it to Toshiba but i stood my ground and they took it and sent it away. I was told after 2 weeks that they would not repair it as they deemed it my fault as the charging pins had bent i argued my daughter had only ever used the charger supplied so that must have bent the pins which in my view was a faulty charger. No joy with that and to rub it in i had to pay £50 to get my tablet back so i took court action stating my case adding the fact PC world refused the charger when i first took the tablet back and gave it back to me. Pc world have defend the claim on the grounds that i accepted the goods and if it was faulty it would have been from the date i bought it. So if i post up the defense can someone much wiser than me have a look PLEASE
  7. Hi, I will not be giving out any personal information to avoid any further information being given to the bailiff's company. Some figures have been changed, so please do not be alarmed that it doesn’t add up. I received a PCN for parking without a valid ticket by MB Council in late 2012. I was not at home to receive the NTO and CC. Council took it to TEC sometime in May 2013. I replied to court summons which was successful. Received no further paperwork for a month or so, was away from home for a few months on business. I did not receive any further documentation until I got a visit from two bailiffs working for Collectica Limited on October 15 verbally demanding I pay £205, if I did not, they would call a tow truck and have my vehicle removed, resulting in further costs. They used a panel van to block the driveway where my vehicle was. The overall tone was threatening but I am not someone who bows easily to threats, my pride & ego doesn’t allow me to. I called the local councilor, who just advised me to take legal counsel. The bailiffs then threw (literally) a piece of paper at me and left. I did not sign anything; I did not accept any paperwork. I did not pay the bailiffs at this stage. I informed the bailiffs that I am self-employed (actually am) and my vehicle is necessary in the course of my business. I am the sole user of the vehicle. Furthermore, my vehicle has been fitted with custom electronics which I produce and sell; therefore it contains “Tools of the trade”. Bailiffs didn’t care. The piece of paper I received from the bailiffs, is a standard Collectica form, which contains hand written information such as, My name, First line of my address, Date, Time, Their reference, Bailiff in charge names, bailiffs mobile number and the balance outstanding and council name which initiated this action. On that form it has a printed paragraph which states: “I AM AUTHORISED BY THE COURT UNDER THE ENFORCEMENT OF ROAD TRAFFIC DEBTS (CERTIFIED BAILLIFS) REGULATIONS 1993 (AMENDMENTS 2003), TO REMOVE YOUR VEHICLE/HOUSEHOLD EFFECTS TO SATISFY YOUR UNPAID PENALTY CHARGE IF YOU FAIL TO CONTACT ME WITHIN THE NEXT 24 HOURS I WILL HAVE NO ALTERNATIVE BUT TO REATTEND YOUR PROPERTY EARLY MORNING OR EVENING TO IMPOUND YOUR VEHCILE/REMOVE GOOD” Where there is an option, neither was crossed out. I filed an Out of Time application on that day, which was refused (submission made to the courts by the council: apparently I refused the recorded delivery mail – checked with RM and on their records, it just shows as being returned) on the 9th of November or thereabouts. I contacted the local councilor again who passed me through to the person he believed to be responsible at the council for this matter. I asked for a breakdown of costs, which was: Original debt (Below £100 – around £80) Letter sent: £13.44 incl VAT (Legal) First visit: £105 incl VAT (Errm yeah? ) So I replied to the council that the charges are excessive and therefore illegal as set out under the Road Traffic Debts. The council denied it’s their responsibility. (Case law would suggest it is the council’s responsibility) All throughout this, I was paranoid my vehicle might just “disappear” off the driveway. I would always leave it in gear, made and installed my own security alarm system. I had many sleepless nights and would wake up, get out of bed at the slightest noise to check on the car, even if it was 3am in the morning. I’ve had my car for 6 years and it’s my first car… it might not be worth a lot but it’s sentimental value is through the roof. So reluctantly, I paid the charge online on or around the 13th of November 2013. Under duress but there was no option anywhere on the website to attach notes. I was charged 5% for credit card payments and then VAT on top, which resulted in an additional charge of ~£12 being added on…even though I used my debit card!! Anyway, I have read up so many laws, stories etc. So far, what I am able to gather, I have been overcharged by the first visit by nearly 3x. I have also been overcharged for debit card payments by 4x the required amount (£3 according to their website, which takes information from HMTCS) I have checked the two bailiff’s names against the register, neither of them appear on the register. My pride and ego have been severely dented; I want to go thermonuclear on the bailiffs, the bailiff’s company and the council. Looking on the web, I am not the only one these cockroaches have overcharged/threatened etc. What should I do to get the maximum punishment for the cockroaches? I am guessing it’s sending a complaint to the OFT, LGO, Issuing proceedings in small claims court and possibly getting in contact with the police over fraud? What would be my next steps and in which order? I don’t care if this process takes a few months, it’s principal I receive my dues. Can I get a refund of the entire amount I paid or only the bits which was overcharged? Thank you for taking your time to read this lengthy post, I wanted to include as much information as possible.
  8. I have recently had a new bathroom, completed 12/12/13. The company that we used provided us with a verbal quote of £1400 to install a new bathroom suite, tile the walls, and install the flooring. We did not receive a written quote. We were asked to purchase the bathroom suite (toilet, sink, bath, towel rail, electric shower, shower curtain, toilet roll holder, waste pipes x 2), the tiles, and the flooring. We paid the final invoice (£1400. Full invoice details: "Labour only to install new bathroom suite and associated tiling") despite our reservations regarding the quality of the work, but just wanting them out of our house after 3 weeks to do a "5 day job". We then got a call from the electrician (19/12/13) who fitted the electric shower asking for £220. We understood that the bathroom fitters were sub-contracting the shower fitting and that it was included in the price, minus the cost of parts. Myself and my partner remember at least two occasions when the installation of the shower was discussed with the bathroom fitters and they had said that it was included. I personally spoke with them as we had considered using an electrician that we knew but we agreed that it would be easier to use their electrician as it was already included within the original quote. We hadn't been present whilst the electrician was in the house but he explained the cost of the cabling and came to the house and showed us the required parts that he had had to install onto the main circuit board in order to make the installation safe. We were surprised to be facing further costs but paid the electrician for the 'parts' element of the invoice (£120) as we understood that we had agreed to the initial verbal quote for the labour costs of installing the bathroom and hence already paid for the labour involved in the installation of the shower but did owe for the parts. Today we have received an email from the bathroom fitters threatening us with court action if we do not pay the £100 labour fee for the electricians work. Where do we stand regarding this? Any advice would be gratefully received.
  9. Hi, I have very recently found CAG on the internet and would be happy to get some advice on a situation I am currently in with my landlord and his managing agent. I have moved to UK end of 2012 and am not very familiar with housing laws. I have an assured shorthold tenancy, starting 22 Dec 2012, ending 21 Dec 2013. I will not request renewal due to all the problems I have had here. Monthly rent to be paid to a letting agency of 1343 GBP I have had following situations of disrepair delayed repair of floor heating: 127 days, 16 Jan 2013 fixed 23 May 2013 delayed repair of front door: 72 days, 22 Jan 2013 fixed 4 April after the door became unlockable delayed repair of microwave: 120 days - outstanding unannounced entry of the property on at least 2 occasions I have requested compensation for disrepair loss of income for the emergency repair where I could not leave my home and go to work alternative heating appliance+ electricity bad health, stress, time spent etc Total amount of 1306GBP plus 70GBP court expenses The landlord and his agent refuse any responsibility. this property is new and was still under responsibility of the developer to do repairs (apart from the microwave) They offered 200GBP in compensation which I found an insult. I tried negotiating with them, but they ignored my mails. I decided to take court action after getting some free legal advice - he said it was very likely that I would get compensation - and sent a letter before action to try start up the communication/negotiation. Without succes. They did start communicating again when I started copying the letting agency and letting agency were attempting to get replies. Email communication has been very rude and intimidating, I assume to make me try and stop to get any compensation. They put all the blame with developer, and me of all people and have recently refused any negotiation of compensation. The landlord is a company with a PO box address on Isle of Man. Notices have been served - per my contract - at the letting agent. I doubt that the information of an ongoing court case has reached them. I have started a claim online, issued 18 Oct, and have requested judgement by default on 10 Nov. So far the status is "issued" Now here are some of my questions: According to the legal adviser the issues that have arisen with the developers are landlord and agent's problem and my claim lies completely with the landlord as he has the statutory obligations for repair. Is this correct? Will I be able to see online whether judgement has been granted or do I only get a notice? How long will it take to get the notice? The situation with the address, can this give any problems going forward, I am thinking if I was to enforce judgement. My last rent is due on 22 Nov. I plan to withhold this, hoping that judgement has been made by this date, would that give me problems if the landlord decides to set aside judgement and defend the case? My reasoning being that even if I get judgement, the landlord will not pay the money. I expect to get problems getting my deposit back, the landlord will probably try to blame me for breaking the microwave. Do you have any advice going forward with this? I do have on email shortly written by the agent that they do not know why it broke. Any other general advice would be very much appreciated! Apologies for the long thread, but I felt I had to give enough background information. Many thanks for any advice you can give me!
  10. Hi all. Hope someone can offer some advice as to how to proceed regarding defence submission. Details as follows: MKDP LLP issued County Court claim form (bulk centre) on 21 Oct regarding a credit card debt allegedly had with Barclaycard. I have no record of the account and have never received any paperwork relating to it and have never made any payments to the account. I received the claim form on 24 Oct and acknowledged service and intention to defend online on the same day. Deadline for defence submission 23 Nov, although the Court advised as that is Saturday, they will accept sumbission on Monday 25 Nov. I sent CPR request for copies of documents referred to in PoC on 25 Oct which was delivered and signed for by MKDP on 26 Oct. No response at all to above by Weds 20 Nov so sent an email asking when they would be supplied. No response to that email so rang on Thurs 21 Nov to request response. They asked for my DoB which I refused to give (I am unsure exactly as to where they got this info from??) so they refused to speak to me. They gave me another email address for their legal department so I re-sent the email chasing a response. Finally received one back with what seems to be (having read many threads on this forum...!) their standard "we are not the original lender so have requested the documents from BC which may take up to 6-8 weeks. Therefore we will allow you up to 14 days after this to submit your defence". I replied requesting their written agreement to a specific date (as directed by the court) which I gave, and showed how I had worked out that date, based on MKDP's estimate of 6-8 weeks + 14 days. No response so sent another email at 5pm Fri 22 Nov saying if they didn't respond I intended to apply to court to have claim struck out on the basis that it couldn't succeed. This may have been the wrong thing to do but I was in a bad mood and wound up that these types of companies appear to be able to get away with not following the guidelines, yet if I don't (i.e. submit defence by the deadline) they can automatically get judgement against me! I have not received anything from MKDP since then - so as I don't have agreement from them as to a specific date to file my defence, what do I do now? I don't believe trying to get the claim struck out at this stage will get me anywhere, and I don't have time to do this before having to file defence anyway. I can't submit a decent defence without having a clue as to what this alleged BC account is - all I have is their word it exists. So do I submit a defence denying the allegations - but how do I defend, other than to say I have no record of any such account. This seems a bit flaky and surely that's what most people would try if they were trying to avoid paying a debt? Or is there another / better course of action? I can post up PoCs if necessary/helpful. Thanks in advance for anyone's help!
  11. Help, My wife had a vanquis account since 18/05/06. She cannont remember how she applied whether online or via a advert. Anyway we cca' d them about 3 years ago and all they sent was aset of terms and conds but with no signature or tick box. No name or address on it. I wrote to them saying its not good enough and that the account was now in dispute. We had the usual threatening phone calls etc but havnt heard anything for about 7 months. Today I received a summons from MCOL stating we are being summoned to court. The POC of claim summorised are 1. claiming in respect of an agreement under the CCA 1974 failed to maintain payments etc 2.Debt was legaly assigned to Lowlells by vanquis 3 Interest at 8% Date of issue is 12 Jun 2013. This is all from Drydens sol................. I do still have the original CCA they sent and it certainly isnt a compn screenshot. More like the leaflet they used to send.... Some advice would be grateful. What to do next....Im a bit dissapointed as I hoped all this was behind us and we have managed to get back on our feet. Geoff
  12. I have received a Claim form from Northampton court for an alledged debt which has been disputed due to stolen / lost credit card for appx £ 500 plus costs. I have acknowledges service and said i will defend Any help would be appreciated, it is the usual case of lots of telephone calls some time ago..we want your money..I dont owe it.. yes you do,, no help at all. When i defend if i lose am i liable for costs, and if so how much is it likely to be I have never had an assignment and i dont remember a default notice..what is the position on stolen cards and yes it was reported to the police along with other cards...only a problem with vanquis
  13. Hi Guys, Had an MBNA credit card which was in default and I was making reduced payments. They ignored requests for a full and final and then sold my debt on to arrow who apparently assigned this to Wescott. I cancelled my payments to MBNA, received a letter from Wescots asking for full payment to which I didnt repply (on 21 Jan), received further letter from them on 8th March stating they understood I was making payments to MBNA (I no longer was) but to contact them to make it part of an agreed payment plan). I did not respond. I heard nothing further from Wescott and have today out of the blue received the following letter from Drydens fairfax directly on behalf of Arrow (I assume Wescots have handed back) which doesnt even contain any account details). Your advice on how to stop court action and next steps to deal with this would be greatly appreciated. I have never communicated with Arrow Wescot or Dryden Fairfax with regard to this debt Thank you[ATTACH=CONFIG]44952[/ATTACH]
  14. Hi All, Just looking for a bit of advice please. Over 2 months ago the business above my own were having some plumbing work done - unfortunately the plumber disconnected (without knowing) a waste pipe that is in the floor/ceiling space between our units. Due to this waste water flooded into my unit and damaged my stock and carpet. I notified the business immediately of this happening. The owner came down with a very much "we'll sort this out" attitude and asked that I email her a breakdown of the damages - which I did. Since then it's been harder and harder to get anywhere, a week later they informed me that they would be seeking to claim my damages through their insurance and asked that I provide photos and prices for the damages - again I did this. They then told me their insurer would be getting in contact to get receipts etc - I have to date over 2 months later had no contact from their insurer. I have asked for the policy details and I was given a number and details of their broker. when I have contacted the broker I have been informed due to Data Protection they cannot talk to me, they cannot even confirm the policy exists - all they advised was that I write a letter to the other business detailing why I believed them to be liable and what I was claiming - something I had done. Despite a number of emails asking for progress all i get in repsonse is "it's being dealt with by our insurer" I was finally provided with the insurance companies name and telephone number - which is a disconnect. I informed the business owner of this and asked that they have their insurer contact me with what was needed to move this matter on - to date I received no response from the business owner nor any contact from the insurer. Last week got fed up of waiting so sent a LBA detailing again what I was claiming, why and that they had 14 days to sort it otherwise I would take further legal action, as I think over 2 months is an excessive amount of time. I have now received a response basically saying "our insurer is dealing with it so we will not be responding" As I have had no cotnact in over 2 months from their insurers and being told by the broker that they can't talk to me should I now just follow through and begin small claims action? I do believe there is a policy but cannot understand why the insurer is not contacting me - do I have to wait for their insurer to get their act together or am I entitled to pursue small claims? Thanks in advance
  15. This post is just a reminder to read the timing on your Parking Eye ‘Parking Charge Notice’ Our tale of these companies in this regard is one of amazement! According to Parking Eye data, my daughter arrived at Morrisons carpark (Stratford) at 22:25:09, didn’t pay for the appropriate parking time etc etc and has now started to receive the automated paperwork as discussed on this forum So far from Parking Eye: Paper 1 Parking Charge Notice for £85 demand with £50 discount if paid within 14days Paper 2 Duplicate of £85 demand with £50 discount if paid within 14 days Paper 3 Reminder 29days have passed and £85 now due From DebtRecoveryPlusLtd: Paper 1 Demand for £135 Paper 2 Notice of intended court action for £135 AND if goes to court additional £15 court fee, £50 solicitor cost and 8% interest per annum Now here’s my reason for this post title... Should any of you ConsumerActionGroup members/readers get the above said paperwork from Parking Eye, check the timing! Look at this Parking Eye sign: In particular the wording: For use only whilst shopping in store Ignoring the argument of you could state in your defence: "you weren’t shopping" or "parked car to run across the road to another shop" etc etc this will be a very, very, very interesting court case I am looking forward to going to court with my daughter on this one because Morrison’s in Stratford closes 22:00hrs! (On the day in question, it opened 07:00 and closed 22:00) This means, (and I’m sure the judge will agree) that Parking Eye has broken their alleged contract with my daughter for issuing her with a charge that they had no right to issue! They state their parking tariff applys 24hours 7days a week Yes BUT... How can my daughter spend £5+ to get back a parking fee refund upon production of the refund portion of ticket when Morrison was closed AND their sign implies that drivers only need to Pay&Display if shopping in Morrisons Stratford? Makes me chuckle again and again So, if you, or anyone you know has been issued with a pretend Parking Charge Notice, check the timing on the paperwork and the time when the store closed because you just may have a case like ours where the timing part of the alleged parking contract is contradictory making it impossible for the alleged contract to be fulfilled by either party! Zoe PS Couldn't get the sign image to display any bigger Just trust me that the wording is there OR do a double take when next see a similar Parking Eye sign
  16. This is my very first posting so I am hoping somebody can help please:attention: My brother has learning difficulties and I have his mail forwarded to my address so that I can help him to manage his affairs. I stepped in to manage his affairs because my brother was unable to stand up to telephone salesmen who were bombarding him with calls in his own home. The situation was so bad (he was falling deeper and deeper in debt) that he has now gone into sheltered accommodation where he has some protection from people who take advantage of vulnerable people like him. When he moved into the shelter last October I helped him to sort out his affairs and found that he had a number of insurance policies from different providers which provided him with contents cover. One of these policies, from My Cover, provided him with unnecessary satellite TV insurance. As he was moving I contacted the company to cancel the policy and I was told that the policy could not be cancelled unless My Cover received this request in writing. I wrote this cancellation letter (which my brother signed) and sent it to the company on the 5 October 2012. Shortly afterwards I received a letter telling me that the company would not cancel the policy unless they received a cheque for £25 to cover the cost of "administration" for the cancellation of this policy. Again, I wrote a letter dated 12 November 2012 cancelling this policy and enclosed a £25 cheque from my brother for the administration fee. My brother signed this letter. We heard nothing more from My Cover and I thought the matter was settled until we received a letter from them today which was dated the 24th April 2013. The letter had gone to my brother's previous address (as I check the empty house regularly, I know the letter could not have been received any earlier than the 3rd May). The tone of the letter is very threatening and states that: ' the insurance is still active (nearly 6 months after our last contact with the company) because My Cover has not received the cancellation letter that My Cover is prepared to cancel the agreement if we pay another £25 administration fee within 14 days (we are already past that 14th day i.e. 8 May 2013) that, should my brother not pay this additional administration fee the matter will be referred to their Legal Department and my brother will be taken to Court. The letter goes on to explain that my brother will be liable to costs etc and that a County Court Judgement will seriously affect his credit rating etc Can you advise me on the next best step please? I have the original letters on my computer and these prove when the letters were typed up but I can't prove that My Cover has received these letters so what can we do about this? Also, I am very suspicious about their reasons for not contacting my brother for nearly 6 months. Surely, if they genuinely thought he was in arrears they would have contacted him before that? Any advice would be welcome Many thanks Wendy
  17. Hi everyone, I really need advice on this subject as I do not want to make the wrong choice here. I bought a car a few months ago and to cut a long story short, I have found that the the car garage have forged the MOT certificate (not forged by the MOT centre itself, but the garage has put a blank square of paper over the advisory items and photocopied it) showing me the car had no advisories, when it actually had 9. When I got it home I realised it was leaking diesel (which I didn't notice when I picked it up as they kindly left the tank empty for me) and the windscreen had a crack (didn't notice because it was raining). Since then, I have found out the hard way that the fuel gauge was incorrect (they had put the fuel sender in backwards which was causing the leak also) and the car has been kangarooing and bouncing down the road (very expensive wiring fault which has been caused by someone trying to force a part into the car which is not the right one). Now it only drives in limp mode - fabulous! They have also taken £100 more out of my account than agreed. I have reported the garage to everyone - VOSA, DVLA, Citizens advice, trading standards, the MOT centre etc.. and I have written them 3 letters asking them to pay for the repairs to be done elsewhere (I live a 45 min drive from them) and threatening court. They have responded staing they will fix the major problems but will not fix the advisories. Firstly, I do not want them to touch my car as I do not trust them, secondy, why should I accept that I have overpaid for a car I was told was in excellent condition, but later find it has 9 issues that will need addressing soon. Now consumer advice says I have done enough to take them to court but I had better ensure that I have enough proof. My question is: photos of the parts they said they changed (but obviously hadn't), a copy of the forged MOT certificate, an email from the MOT centre stating that they have stopped doing business with the garage as other customers have reported faked MOT's also, a recorded telephone conversation with the salesman yelling at me that I don't understand how MOT's work and all MOT certificates are printed out blank first (that they come in 2 parts and I must have looked at the wrong one when I bought the car - which is not true at all), a conversation with the previous owner who says she traded it in with no problems (to a different garage), a letter from the car garage stating that they charged me £100 extra for a cam belt change (when I have the service reciept which stated all they did was change the brake disc pads and oil filter) - Is this enough to risk taking them to court without giving them the chance to fix the car first, as I do not trust them to fix the car properly or safely! I cannot take the car back here, they are not agreeing to do all of the work i am requesting and I shudder to think of the job they will do. Thanks so much for your replies and experiences
  18. I would be grateful if you could help me with my case. Things became difficult for me and I had to default on my loans and obligations. I had a loan with Egg. who transfered it to Barclays then Moorgate Britannica. I am registered with the cccs and have made the £1 to all bar these. I requested that they send validation that I owe them this money and the only response I have had is a court hearing. I appealed to the court and now have a Defence filed questionnaire. Have I done the right thing and what should I put in the questionnaire? Ps, I rang Moorgate this morning and I know I should have not to tell them that they are taking me to court through Earlswood and they said that I have to deal with Arden(Strange) I rang Arden (I Know) and told them that I had written to their solicitors and I had no response and they have now passed on the details to their legal team that will forward the stuff to me. Do you think that Moorgate have a legal claim to this debt and what should I expect to arrive in the post and will it be enforcable? Thanks.
  19. OK so here's the brief story - messed up all finances as marriage broke down. Thought that I would be able to negotiate with my ex (and lower maintenance payments as most of the debt was incurred in relation to travel / access to 2 children who live with her abroad..) Foreign divorce proceedings didn't consider my financial position and as these Credit Cards and bank account were solely in my name evidently its my personal debt. So approx 20K unsecured debt in cards and 2k overdraft. Haven't been able to or made payments to cards for 1.5/2 yrs. Bank withdrawn facilities - all debts in DCA (in house) or sold on..Some of the creditors are getting pishy DN's sent and either threats or letters informing of impending direct court action - which is looking v likely with 2 of the debts (both in excess of 5k). I have completed a I/E and formal budget sheet with CCAS which shows what I already know - I am spending more than I have coming in. I am balancing the books by making sacrifices (and some family help with food/shopping) and so ongoing not spending more than have. I have contacted the OC's previously (seems not all of them rec'd this or had passed the debt on already) and shared CCAS information and got some holding time. I havent however been able to make token payments partly as my banking facilities have been withdrawn. My (new) other half (is not entirely aware of the extent of these issues) and I cannot ask her to use her account to meet these payments. Due to a change in our circumstances (new baby) we have now moved to Europe where she has family. Even with these changes I still wont have any spare money (having redone the I/E). I have supportive family and one member has stepped forward to offer limited help. How do I resolve my debts ? I have made a start on these forums but am confused on SAR/CCA and other letters.. I'm not sure I have time to do these? Can anyone shed any light on what I should do strategically - and where to reslistically start ?
  20. Hi I have been reading with interest this forum, but I cannot quite come to a an answer for my question so I hope someone can help me My debt is ten years old , has been defaulted , repossessed etc but I am still being chased for charges and interest, residue to the loan and default charges. The debt is not recorded anymore on my CR file and the BH admit to not reporting it as the vehicle was repossessed and sold, Can they take me to court for these charges and report the same to the CRA? I do think I have served my time on this debt and overpaid them as it is.
  21. I recently bought a Saxophone of eBay. I was logged onto eBay Uk and limited my search to items in the UK only. The listing stated that due to the value of the item £3667 payment must be via Bank transfer. I won and paid, stupidly, by transfer. Hence the item never existed and the seller disappeared. The item was listed with a Scottish post code and the seller had stated that I could collect in person but he banked that it would be too far for me to travel to do so. Turns out that the sellers account was registered in the U.S. but had been hacked by someone based in Spain (Police) told me this. eBay UK wash their hands of it saying that the deal was done on the U.S. site so I have to deal with them. This is despite me being logged into eBay.co.uk The key point in this is that shortly after losing my money I left negative feedback on the seller. This enabled other users to identify me and a kind gent got in touch with me to say that he had reported the item twice, days before the sale, as being suspicious. We have records of the reports to eBay and they did nothing about it. The same gent reported the same suspicious item in November last year and eBay removed the item. I know I have no eBay Buyer Protection because I didn't use Paypal but I raised a Case to eBay U.S. requesting a refund on the grounds that they failed to take action to protect me by removing the item when it was reported as being suspicious. It took them 10 days to the decide in favour of the seller because the item was still marked as 'Unpaid'!. I appealled the decision stating that it appears as unpaid because the seller hasn't marked it as 'Paid' even though he has the money (I have Bank Transfer proof), also, I was not suspicious because the Bank details given to me for the transfer were to an account at Lloyds Bank in the UK. The money was then transferred out of the country immediately, eBay then closed the appeal saying that I could not get a refund because I didn't use Paypal. They completely ignored my detailed report and made no comment as to why they had taken no action. At the point where I realised that it was fraud, I raised the alarm on a live eBay chat and it took only 5 minutes for a Chatroom guy to identify that a serious problem had occured with the Sellers Account. So why did eBay miss this when the item's were reported as being suspicious, prior to the sale ending. I now feel that I have no option but to take eBay to Court in some way. I have asked them for an address to where I can deliver legal papers and they gave me their Luxembourg address. Can anyone give me advice on how to go about this and do I have a case against eBay for not taking action to remove the item. The gent that contacted me has agreed that he is willing to act as a witness and stand up in court if necessary.
  22. I have been paying CL finance on a regular basis for about a year but in March i missed a payment and April too, i called today to pay what i had missed and continue my payment plan and they said i had to pay the full amount with in 3 months as court proceedings had already started to issue me with a CCJ. I have received letters but about taking me to court but i ignored them as i thought they wouldnt do it. The amount was £980 but has gone up to around £1180 with fee added on for letters and solicitor fees, i could afford to pay it in around 10 months but not 3. I have checked my credit report and CL Finance do own the debt even though it was originally a Debenhams store card, I dont want to go to court and they seem adamant i cannot start a new payment plan, what can i do?
  23. I wonder if you could help with the following or pass it to someone that can? Thanks a lot. I have run my own IT business for nearly 8 years and unfortunately due to the financial shock of the last 2.5 years it has struggled to make ends meet for myself and the family. I have recently transferred the lease of the premises to a new person and will be free of all business commitments very soon. We have had all sorts of mortgage and personal unsecured debt problems in the past 2 years, but I managed to agree terms with all the unsecured creditors/DCAs. We have had family and friends help us with the mortgage payments until a few months ago when our monthly payments dropped by more than 50% (as we were on a really bad fixed rate until this February with a huge Redemption Penalty of nearly £25k), so we have managed to pay it ourselves again, since my poor wife is back in full time work and I'm going to be a house-husband for a while until I get myself a job in IT again. I have had a personal bank account with NatWest since 1981 in MY name, which unfortunately became a 'Joint' account in our married name in 1995 in order to deposit a few cheques as wedding presents made to us in our married name! The account then became Advantage Gold, then Advantage Premier and finally Private Banking. All along there has been a Gold MasterCard ChargeCard with me as the Primary Account holder and ALL statements sent to our home address in MY name only (where the balance HAS to be cleared on a monthly basis - just like an Amex chargecard) linked to this account (actually part of the Terms & Conditions of having the various account types mentioned, the latest being Private Banking). The other very important condition listed in the current T&Cs for this type of account is that the account holder(s) must have an annual salary of at least £100k which is paid into the account or £50k in savings with NatWest. I haven't had this sort of money since I left my IT contracting job in 2003 to start my business. My wife has NEVER used the bank account (no funds or salries deposited or withdrawn in her married or maiden name), as she has always had her own HSBC account in her maiden name since the age of 17. I used the MasterCard ChargeCard balance availability for cash flow reasons to juggle our monthly financial problems, but got unstuck in August 2010 after nearly 20 years of using the card without ANY problems. I wasn't able to clear the monthly balance (nearly £10k) on time. I tried to get the Private Banking team to ask MasterCard for more time to clear the balance, but neither party wanted to listen or help. What has amazed me is that they're behaving as if I'm a 'criminal' or effectively accusing me of never intending to re-pay my debt to them, even after nearly 30 years of having an account with them and all the interest and charges already paid to them! They then cleared the outstanding balance, which is really MY debt and in MY name as the Primary Card Holder on the MasterCard account, by adding it to the 'joint' bank account, thus increasing the Overdraft substantially overnight. NatWest then started complaining about the level of the Overdraft and passed my account internally to their Risk team who in turn passed it onto their Collections dept. All along I was 'jointly' offering to pay a monthly amount until my financial situation improved, but NONE of the NatWest brigade wanted to know. They then passed my file to Triton and my wife's to Evershed's. Both of us have tried every effort to agree some sort of payment arrangement with these outfits, like the ones I have in place with my other creditors/DCAs, but to no avail (considering that one of my big creditors that has agreed to a small monthly payment is actually NatWest's parent - RBS!!). Triton finally passed my file to Evershed's too, who have shown no mediation skills either! My wife and I have been issued separate Court Claims for the total Overdraft amount by Eversheds/NatWest Bank (more than £25K) for our 'joint' bank account. My wife has sent the Acknowledgment of Service back giving her case another 14 days from tomorrow and I'll be doing the same shortly. I have considerable personal unsecured debt that has been paid in monthly installments for nearly 2 years by agreeing with DCAs and original Creditors - various credit cards and loans totaling over £120k. All this debt is in my name, which I may put into an IVA. The only debt in 'joint' names is the Bank Overdraft, which consists of the original Overdraft (more than £12k) and the NatWest Private Banking MaterCard ChargeCard balance (more than £10k), which has been added to the Overdraft. Can anyone suggest if we have any legs to stand on regarding my wife using the T&C of the account to 'wriggle' out of having anything to do with this account, as she's never earned £100k or paid ANY salaries into this 'joint' account (two of the most important conditions of having this account)? Can we use the fact that the ChargeCard account is in my name and has nothing to do with my wife, so even if she has a 'joint' debt, it is only just over £12k of the Overdraft only? Do NatWest have to physically possess and be able to produce the original Joint Account Mandate (signed by us both) to prove my wife's liability? Thanks again for your time and any help you can provide. Please ask away if you need to know anymore than I've given above. Rgds. radmm0
  24. Hi Have been reading these forums for the past few months since receiving an "invoice" from ukcps. My car was parked in a small retail park and the driver left the site for 5 minutes to post a letter before entering one of the shops on the site. The invoice was attached to the windscreen over the tax disc and was not immediately obvious on returning to the car. I discovered it the next day, feeling thoroughly confused as to where it could have been obtained! After reading the advice here I ignored all correspondence and I have now received a claim form from a court in a different county. I'm a bit confused about this but would like some advice about the next step to take and how best to prepare my defence.
  25. Hi, I was wondering if anyone could help me. I have had a look at the posts but i am quite confused about what to do. I recieved a letter from Capquest stating that is was a demand to start bankrcuptcy proceeding and I have 18 days to appear at court. The amount is for approx. £1600 from Orange. I havent been in touch with these people at all, (I am in quite a lot of debt and to be honest have only just started opening my mail!) The problem is that whilst I am currently employed i have had council tax arrears that i am paying off and i have very little disposable income to pay off any unsecured debts. I have no idea what to do and i really dont want to go bankcrupt can anybody give me some advice on how to proceed?
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