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Found 11 results

  1. Hello, I have a question and I will appreciate any suggestions ( I won my tribunal case) but the tribunal says its beyond their jursdiction to look into the forgrey of documents. I felt justice somehow has not be served therefore I felt that this organisation need to be exposed.!!!!!!!! I have a valid and damaging proof !!!!!! 1 How can I sue ex employer for forgrey?? or how can I pursue this in a higher court in united kingdom
  2. Just a quick post so anyone can point out to me possible pitfalls or things to watch out for. After a long history of disgusting treatment by LLoyds bank I am now taking them to court to claim damages and costs relating anxiety and loss of earnings caused by their most recent disgusting activity of telephone harassment. To cut a long story short, their collections department 01273 743574 was repeatedly phoning me. I don't owe them money. They had no reason to be calling. I asked them stop. They didn't. They would ring at all hours of the day. I continued to ask them to stop. They wouldn't. It caused extreme distress, anxiety, upset to my children, loss of sleep and severe disruption of my family and work life. All my calls to them are recorded. I have done a SAR which confirms my requests for them to stop calling me and their continued calls thereafter. I am satisfied that 1) Their actions constituted harassment and that they knew this. 2) that a reasonably minded person with the same facts ( for obvious reasons not all presented here in glorious detail for the other side to see ) would consider their actions to be harassment. I am making my claim for damages using Sections 3.i and 3.ii of the Protection From Harassment Act 1997. In the early stages of their campaign of harassment, they paid out to me several hundred pounds of compensation but the calls continued so I started my claim using MCOL. Any feed back or advice would be most welcome. Ta.
  3. Hi could some one please help me I work part time hours and i have 4 kids and get help with my rent and council tax. which is housing benefit and council tax benefit. my 4th child was born in june 2011 and i went down to the office and notified them that i now had a 4th child and handed in my babys birth certicate i also showed a lady down at the office a letter from child tax credits with our new award and told me she didnt needed anything else from us. has tax credits and child benefit there get automatically notified. i thought fair enough and went home. back in april i received a letter for over £1500 overpayment in housing benefit and council tax saying we did not declare you new award of tax credits back in june 2011, and we must pay this money . so i appeal agaisnt the overpayment and because of me appealing against it. the benefit office have sent it to court which is middle of august 2012. could anybody give me some advice please.
  4. I was hit from behind by a van a few months back. I pulled over, and as did he. The guy stepped out of the van and was being very aggressive towards me and so i gave up asking for his details and just left. His van was damaged mostly all around from where i could see (i didn't see the back of it). In my rush and frustration i neglected to get the licence plate - mistake 1. I just thought that the damage was mainly to my car, and obviously it was his fault and he didn't want to pay. I didn't think it was worth getting into an argument about with someone who obviously was not going to be reasonable. A couple of weeks after I had a visit from a police officer asking about it all and wanted to take a statement from me. When we got to the station i explained what had happened and asked him why I had to give a statement. He told me that the van driver had come in to log the accident and told them that I was at fault and that he had a witness. I explained that the damage is on the back of my car as i was hit from behind, and that there was one man in the van when it happened, no one else came to the side of the road when he came out shouting etc... The Police officer said that not reporting the accident is a crime. He understood that it wasn't my intention not to report it but just that i didn't know i could. I didn't think anyone could help with things like that, no one was injured or there wasn't anything to report like an emergency, now I know that i was wrong to think like that - mistake 2. He said not to worry about it and that they are just following procedure and I may hear back but I may not hear any more. I suppose I want to ask if there is anything really to be concerned about here. I have just received a date to go to the magistrates court. I have contacted a solicitor for advice and am awaiting a appointment date and time, I don't know whether i just need to take advice or if i need a lawyer to go with me. Also in the months that have passed I have fixed the back bumper of my car (before the letter came through) as the parking sensors were not working right. I took a number of pictures of the damage on my phone a few days after my car was hit and still have those. Is there anything i should do or think about doing? Sorry i know I sound clueless, I don't really have anyone to ask and have only been driving for 2-3years. It says on the letter that I may get points, a fine and even a ban. I just don't see how someone can lie so much and take it this far via the police, and now to magistrates court. Any help or advice will be appreciated. Thanks.
  5. OK so im a little unsure of all the facts here but i will state what i know and hope someone can give some information to help. I am living with my civil partner and am nearly 23 weeks pregnant, we also have shared residence of her children from previous marriage. She used to reside with her ex who had shared ownership of the house and both names were on the mortgage, now they had some work done on the house which was unsatisfactory but to cut a logn story short they ended up in court and the builder was granted a judgement which then was turned into a final charging order for £7,590 which is accruing interest and charges constantly. Now my partner split with her ex in june 2010 and shortly after this date her ex ceased paying her share of the mortgage putting severe strain on my partner with her ending up with months of worth with depression and anxiety then due to this she fell into arrears with the mortgage and utilities, however she has gone back to work and has an arrangements in place to pay these off now that she is back at work and better in herself. She has this morning received paperwork from Mellor and Jackson solicitors stating that they have applied to court for An order of sale application for the 1st of February, there is other paperwork included with this about the charging order, there is also an independant valuation based on the exterior of the property in with it all and they have valued the property at £100,000, however when my partners ex ceased paying her share of the mortgage she had a valuation done then so that in future her ex cannot claim monies above what the value was when she left, as we are doing works ont he property to get it into a better shape, but anyway when she had it valued it came back with an amount of £95,000 so their figures are not far off. However the outstanding amount on the mortgage is £125,000!! My questions are.....will an order of sale be granted if there is between 25k and 30k negative equity and where do i stand as i have no claim to the property on paper but this is my home and am worried about finding myself homeless while pregnant. Any advice would be greatly appreciated
  6. Dear Caggers, In August of 2010, I decided to send an SAR to Natwest regarding a Credit Card account. I went through the process with the help of the information on CAG forums. The result of my SAR was that Natwest admitted that they do not hold a copy of the Credit Agreement. They admitted this only after a fashion, I had to chase several departments as the Credit Card department told me it might be held with the branch etc. But the result was a letter in which they clearly state that neither Natwest Credit Cards nor the branches hold a copy of a Credit Agreement regarding my account. In the meantime, I have moved to Canada as I got a job here. I then sent them my request that the amounts paid by them and by me, as well as any charges they had taken, be calculated and the balance be paid to me, as the moneys had been paid under mistake. I also requested 8% interest on my payments from the dates I had made them. Natwest ignored several letters for 8 weeks and kept sending threatening letters, so I sent my complaint with copies of all document to the FOS. I also had to call them to ask them to stop collection activities since the account was under dispute - my complaint being with the FOS. I told them the alleged 'debt' was unenforceable according to CCA 1974 and that according to DPA they were not to process my data, much less hand it to third parties, without my consent, i.e. without an agreement. I haven't heard back from NatWest themselves since then. The FOS has now sent me the following reply: "my decision on your complaint about NatWest Following your recent correspondence on your complaint, I have carefully considered all the information that you and NatWest have provided - and I have come to the following conclusion: NatWest is not required to refund xxxxxx his credit card payments. ... adjucator's notes xxxxxx has queried the enforceability of the credit card debt as NatWest is unable to supply a copy of the credit card agreement. The issue of enforceability is for a court to decide, rather than the Financial Ombudsman Service, should NatWest seek to take further action. A lender who has not provided a copy of a credit agreement - or has provided a copy that may not meet the requirements of the Consumer Credit Act - can still report the account position to credit reference agencies, demand payment, issue a default notice, instruct debt collectors or bring legal proceedings. NatWest has provided xxxxxx's credit card statements. The statements support use of the credit card. It is reasonable for NatWest to ask xxxxxx to repay his borrowing." The letter also states: "how we decide complaints: - we are completely independent - and we make up our mind based on the facts of each individual case. When we have looked at a complaint and weighed up all the facts, we may decide either that the business you are complaining about acted wrongly and you have lost out as a result - or that it has done nothing wrong and it treated you fairly. - If you do not accept my conclusion, you can ask for a review. This can involve - at the last stage - a final decision by one of our ombudsmen. To ask for a review of your case, please use the card enclosed with this form." I am obviously disappointed with this decision. First of all, the decision says Natwest doesn't need to refund my credit card payments, when that isn't even what I asked for! What I asked for is for the payments made by myself and by the bank, as well as charges, be calculated against each other and I be paid the difference (plus 8% interest on my payments). That is a different proposition, is it not?!?! Secondly, according to existing legislation as I understand it, (a) NatWest is chasing me for an alleged 'debt' for which they do no hold an agreement - contrary to DPA. (b) As there is no agreement, I understand that the moneys paid by me and them are paid 'under mistake'. © I understand that I am therefore entitled to a refund of the balance, as well as 8% interest on my payments as I have been deprived of the use of this money. Apart from the FOS's non-answer to my complaint, these three points indicate to me that NatWest is acting wrongly when they keep chasing me for payment and when they do not calculate the moneys paid under mistake. That means that I am losing out as a result. Why does it not mean that to the FOS?! I don't know. Now, as I consider how to move forward with this, I would like to ask for the help of experienced people with the following questions: (1) Should I keep using the FOS, i.e. submit for a review? They have said that they don't deal with issues of enforceability. Is this true? If I were to ask for review, I would not be able to submit any new documents -- though I don't understand why Natwest's admission that they do not hold an agreement was not deemed sufficient by the FOS to support my complaint! I could perhaps state clearly which legislation NatWest is not adhering to by their actions. (And perhaps also that they took way longer than they should have with the SAR, and that they ignored my letters for months... though I don't know if that will help my case in the FOS's eyes much.) If this route is advisable, I would appreciate help with my letter asking for review. Is it true that the FOS doesn't consider questions of enforceability? Is the fact that their 'decision' doesn't even answer to the requirements I stated in my complaint - not refund of my payments, but calculation of moneys paid under mistake - sufficient to warrant them back-tracking? And, which specific legislation do I need to cite? (2) Should I not do anything, and hope that Natwest will eventually write off the alleged 'debt'? I don't like this option much, because I will probably be harassed by the debt agencies they deploy overseas, and because I would not be able to ask for calculation of moneys paid under mistake and 8% interest on my payments. (3) Should I take Natwest to court myself? For this option, I would need to know with near 100% certainty that I would win. I would also need to know how to do this while living in Canada. I do not intend to return to the UK. Therefore, this option may be complicated. If I'm certain to win it, though, I think I have the courage to do it...though it does seem very daunting. If this option is the most advisable one, I think I will need all the help I can get, e.g. on how to launch this with a court while living abroad. Thanks for taking the time to read this, I hope some people with more experience will be able to advise me.
  7. Following on from discussions in the Legal Action -How to Start Off thread, I am compiling a collection of all the most informative and helpful posts on dealing with litigation. There are numerous excellent postings throughout various threads on CAG, but due to the passage of time and queries/posts in between, the valuable core information tends to get lost. My intention is to group the vital information together in logical sequence to form a step by step guide, all in one place. It will also be a good opportunity for original authors to amend or eloborate on their original (now uneditable) posts if they wish...just let me know. I take no credit for the intended content, all original authors and anyone who helps with the compilation will be credited. I would therefore be most grateful for any suggestions for inclusion, with direct links to the relevant posts (as opposed to an entire thread). The obvious place to start is with the Legal Action thread, so I'll get stuck into that. All other suggestions welcome! Many thanks, Elsa x
  8. I am pretty sure that the 'event' driven debt collection method used by MBNA / Reston's solicitors is illegal. My understanding is once the Bank give Reston's the go ahead to harass you for money one of the many tools they use to upset you so much that you pay them whatever they ask for is to monitor evry financial transaction you make. . By linking into real time credit referance agency systems they can tell what money you took out from which cash point instantly. They can tell what transaction you did for example at supermarkets, petrol stations , online . They can tell what bills you paid, how much fuel you use (Gas, Electric). In fact they can account for every penny of your money. . They use this information to decide how you should live for example if they think you are keeping your home to warm (large gas bill) then they decide that you could pay them more by turning down the heat. If they think you spend too much at a supermarket they can ask you to pay more to them and buy less/cheaper food. This is a direct impact on your personal information without your permission. . Don't rush for litigation thaough unless you have a lot of spare cash. The FOS know about this and have said they will not regulate it. Tradeing standards know about this and have said they will take no action. District Judge J of Aldershot and Farnham megistrates court did not even want to listen to the case or see the evidance , he just found in favour of MBNA/Restons with his eyes fully closed. The Data controller does not care and at least some MP's are happy its not happening to them. . My solution, if Reston's have your account try and work in CASH. If its not electric they can not use their event driven debt collection systems. Just to remind every one of the shamefull state of our justice system. District Judge J sitting at Aldershot and Farnham County court awarded the American Bank MBNA and Reston's a charging order against my home. In awarding the charging order the Judge declined to take into account all the circumstances in my case. . 1) I had only missed one payment from an agreement I had with MBNA Bank. Legally this is not enough for a charging order and the Judge knew or aught to have known this. . 2) I had offered to pay of the full debt in four months and allready paid the first month prior to the hearing for a full charging order. The money was guranteed by my brother inlaw. the judge ignored this. . 3) I am dissabled and my home has been adapted with Chair Lift, low toilet, handrails, ramps at the doors, emergency assistance alarms. Forcing me to sell my home would put my life at risk. The Judge refused to look at the medical evidance. . 4) The ammount being claimed by the Bank was in dispute and with CAB we had made a counter claim in the small claims court. The Judge should not have made a judgement without the exact debt being settled first.The Judge knew or aught to have knownthis was breech of procedure. There is allso no doubt the Judge knows that I can appeal but he knew that I probably could not afford an appeal Well if this story was ment to freighten off consumers from seeking compensation from the Banks then MBNA/Restons and the district Judge got it wrong again. My brother in law has just won £80,0000 on the lottery today. We have agreed to go to a reputable city firm of barristers with a view to seek compensation for a misscariage of justice and to persue for damages against MBNA Bank since they are responsible for Reston's solicitors. Every one should continue to campaign for their own cases especially aginst unfair and unjustified costs and charges.
  9. I am taking a company to court in two weeks time to an emploment tribunal. It turns out that all the paper work has been submitted under the companies trading name. The boss has been responding to all the paperwork and filled in court documents also using the trade name. Now his solicitor has pulled the name as being incorrect can they get the case thrown out???
  10. I have an employment hearing for next month the respondant has already had it postponed once and i have now received a letter from their solicitor saying that the company name I have issued proceedings against them in is only a trading name of a mother company and that I was aware (which I wasnt but should have been) of this. They now want me to agree that the name is wrong and have it changed, all their correspondance has the name I have known but when I looked on my tax returns I was being paid by the other name. Can they get the case thrown out on a name technicallity?? What sort of problems is this going to cause me????
  11. A word of advice to anyone who has a debt with these organisations. Don't expect to get any Justice or reasonable behaviour from them. Thier first priorty is to use any means possible, including illegal means, to make you home less even for a small ammount. Never trust what they tell you it's all lies any way. Most Importantly watch out for their mates who are District Judges. When dealing with them allways remember they are above the Law and authorised by the courts to act how ever they like in order to extract the maximum ammount of money from you. this includes redicouls charges like £1500 a month intrest on a debt of £1,300. If what ever reason you do not beleive that they should enjoy this immunity from the Law then please please write to your MP and quote this case. You can quote the FOS referance ref: 9525388 so they can see for themselfs the poor state of affairs with unregulated banks. Act now. You never know when Reston's solicitors might buy your debt or if you are not in debt now then their is no doubt that you may well be in debt one day. Don't waite till it's to late take action now. Reston's solicitors are not fit to hold a consumer credit licence. Make your viwes know to FOS and your MP.
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