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  1. Really need some advice as to what to do first,, do I call Lowell ? How do I respond to the forms I know there is a deadline we have to meet. My boyfriend has received a claim form from a Vodafone contract he had no choice but to cancel due to the recession, he had no work and got himself in a bit of a mess which he is still in the process of sorting out. At the time he did visit the citizens advice who helped him, they advised he offer to pay Vodafone £1 per month which they declined. I have copies of most of his bills from 2005 onwards, sadly the copies he gave the CAB are missing which are the crutial ones, however I have bank statements showing his regualr payments to cover the missing vodafone bills. He had been a customer with them since 2005, they had one dispute in 2008 when his bill suddenly jumped for one month to over £200 which was rectified/reduced as it was an "error", apart from that he was a loyal Vodafone customer until 2010. He disputed the last two bills they sent him, he received one for £205 and called them to dispute it, he was told they were looking into it, he decided not to use the phone during the last month to see what would happen, he purchased a PAYG phone from Tesco, Vodafone still sent him a bill for £211 which the bank rejected as he had no funds to cover it. Prior to this all his bills were between £80-90 per month, he never followed up on the dispute he raised as in his eyes they had taken £205 the previous month which he had not incurred, plus at this point he was not in a great place in terms of his mental health due to being out of work and unable to live/survive financially. Ironically if you look at the call records of his phone he barely used it ! Vodafone wrote him two letters 4/1/11 saying he owed £326.97 then 14/2/11 stating £575.24 was owed. He heard nothing then until now when he received the claim form from Lowell saying he now owes £751.26. What should we do? I have read lots of other threads but feel this one is slightly different. Please help
  2. Could you offer some advise on my situation please? I moved into a property in December 2010, and the Water bill was put into my name. I left this property at some point during 2014, at which point i had made no payments towards the water or been in contact with the water company. I've made good the debt now, ive actually cleared all my debts! My question is regards to the default date. The company placed the default in January 2016. They then applied for and won a CCJ by default in August 2016. I've raised a complaint as i believe the default should have been dated between March-July 2011. That is correct i assume? In regards to the CCJ, I have asked that they agree to have it set aside, as if they had placed the default on the correct date then it would have been statute barred. Im confident on my first point, how do you feel the second point (CCJ set aside) will be? I've already paid any monies i owe to them, but if they had placed the default correctly then it would have been statute barred before the date that they actually applied for it
  3. Hi , thanks in advance for your help. I have a Capquest debt on behalf of Shop Direct, for 1250 pounds. Default date is August 2013, my last payment listed on my SAR was Feb '13. When does this debt become statute barred?
  4. Hi everyone, I’m a first time poster although have been reading for some time, hoping some of you clever lot can offer some advice. A simplified background is as follows: Subby (my uncle) put a claim in online to the small claims court against a small limited company for non-payment. Prior to this the ltd company claim non-payment was because issues had arisen with a previous job the subby completed (which was paid for) and the Ltd company would now have to pay to have corrected. I feel that the subby had no choice to initially issue a claim ( requests for payment were made and notice before legal action was sent), as he was simply told he would not be paid and was not allowed to correct alleged faults, view them or even told fully of the problems, despite requesting this. Therefore, it looked suspiciously like the ltd company were trying to pull a fast one and simply get out of paying. Ltd company then counter claim (for a much higher amount) for said issues, on receipt of the counter claim subby for the first time gets some info regarding issues although they are still lacking in detail. The ltd company have a dubious past history, which although not relevant here does explain much of the above. It can also be proven that costs in their counter claim have been inflated and they have not mitigated the costs as they should have done. However, as the court date approaches the worry sets in. If the ltd company can prove the subby was at fault, can they win their counter claim? Despite the fact that had information been provided at the time payment was due then it would never have gotten this far? There was no written contract in place, therefore no terms and conditions other than do the work – get paid. A court date is now set and we have what I believe to be the final chance to submit evidence and worst-case scenario is that the Ltd company will have more evidence not yet seen by the subby that will be submitted. Most of the subbys evidence was submitted in the original defence on the counter claim, but there are now a few extra bits. Which would be the best track to go with this? Does he deny all responsibility of bad workmanship as he was not allowed to view it and the evidence supplied so far is poor, therefore how can he admit it? Or blame the whole thing on the ltd company not supplying evidence prior to the claim being entered? Or use the inflated costs, lack of mitigation of costs and the fact that he could have put right any issues for free, thereby leaving the ltd company with no costs at all? Or should all of the above be used in his defence? Thank you for reading, any advice offered will be extremely welcome.
  5. Hi, Sorry for the details but its been a long stressful journey that never seems to get better. We started the process of buying a new build property using the shared ownership scheme in early July. We used the builders recommended mortgage brokers and conveyancing firm. This is where the problems started. The mortgage broker messed up our income calculations and we ended up with a hard credit search from a lender that would not have lent to us. They then could only find 1 more lender who deals with shared ownership but needed 5% more deposit. We managed to get the extra 5% with help from family so continued with the purchase. We instructed the law firm and got a fixed quote. Later on they said they made a mistake and asked for more money after we had instructed them. All of this we can live with. But now, 11 weeks after we first instructed the law firm, the housing association who is part of the shared ownership transaction has said we must exchange next week and complete 2 weeks after this or they will withdraw from the sale, leaving us homeless if this does not complete as we are currently renting. Our conveyancing firm said they had been waiting for replies from the other side but did not chase them up even though it had been 20 days since they sent the queries. This left it too late for us to exchange and complete on time. We need advice as to where we would stand legally if we do not complete on time? Do we have a case to claim against someone for our financial losses so far? I can provide more details if needed. Cheers Digots
  6. LS have defaulted me 0n 02/03/13 and they are refusing to change it I SAR'd LS and in the partial reply I got from them was the termination notice which states the date of 18/10/12 They have refused to alter the date so I have raised it with the FOS and ICO But for info here is what they sent me - We are writing in reference to your recent correspondence. We have reviewed your account and would like to share our findings. You borrowed one loan from Lending Stream; the ownership of which has been transferred to Motor Mile Finance Ltd, due to prolonged missed payments (can be contacted directly at 0113 887 6876). We understand that you are concerned about the default reported on your credit file. As the lending industry and the regulatory bodies rely on accurate reporting to the credit bureaus in order to ensure that correct lending decisions are being made, therefore, we do not remove the default mark when it has been reported genuinely. Our records indicates that we did not receive the payments on scheduled dates. We emailed you several notices (Notice of Arrears, default and termination) to the registered email Id and a Notice of Default was also mailed to your registered residential address. Please be advised that we report the default mark on customer's credit file after 180+ day when he/she misses his/her first payment (which in your case is 2nd March 2013 and Notice of Termination (NOT) is send to the customer on the 84th day of account going into arrears (which in your case is 18th October 2012). Hence, the both cannot be on the same date. Our constant message to customers whose circumstances change, or who experience hardship, is to speak to us and we will work something out together. Upon reviewing your accounts, we found that we were never informed about your financial adversity. Had we been informed, we would have helped you clear the debt in affordable and timely repayments. Having said the above, we would like to inform you that the Default has been reported genuinely and we would be unable to comply to your request of Default removal. We appreciate your understanding towards this matter. For further queries, please email us at complaints@lendingstream.co.uk or call on 0203 365 0138 (Monday to Friday between 7 am to 10 pm). Call charges apply. Regards, Lending Stream Complaints Department So they seem to think that they can default me 5 months after a loan was terminated, this should be an easy win at the FOS
  7. Hi I have had an old debt with creation finance now managed by Lowell Lowell have confirmed that the last payment was in May 2011 but the default on my credit report is aug 2013, I would have thought it should of been between Aug and Nov 2011 under the 3-6 mth rule Lowell are refusing to change the default date and they are also saying its not stat barred as the default was registered in 2013 Now I know they are talking the preverbial bull about it not being stat barred but how do I go about forcing them to change the default date? cheers
  8. Morning all. I have an outsanding credit card with Capital One ( well pre 2007). Been paying nominal amount for 10 years with payplan The debt is still with Capital One - not sold off to any DCA whatsoever. Is there anyway to check the default date on it ? Both on Clearscore and and Experian I have clean CRF. All defaults well and truly dropped off. The reason I am asking , is that I am currently in process of CCA'ing everyone. Capital One is the only debt NOT sold on to fleecers. But cannot remember / have not got any paperwork with a default notice. Pretty sure it was defaulted say 8 years ago - just want to make sure 100% - I now have clean CRF and dont want it damaged for another six years - if and when I stop paying them. This is the only card I have NOT CCA'd at this present time , on this basis. Any help much appreciated. Thanks again.
  9. Hello, Sorry if I have posted this incorrectly, I'm at my wits end and so worried dont know what to do, I was claiming housing benefit, and then my partner moved in, at this time we were both working part time. I re-applied for a joint claim, Apr 2013 and gave wageslips and bank statements and so on to which I was advised I would still be entitled to Housing Benefit. In June my partner increased his hours from 20 to 37 and I went on my councils website in May to advise that there had been a change in circumstances and also that my rent had increased. A few weeks later I received a letter advising that I was not entitled to the full amount and was only entitled to around £28 a week. (I was under the impression that they had received my change in circumstances and acted upon it). Stupidly I didn't even check the amount in the paperwork as I just thought that we were still entitled to it as I was still part time and his wage hadn't increased by a large amount. In Sept 2015 I was advised that I wasnt entitled to housing benefit anymore and then in In February 2016 I was interviewed under caution and advised that I had not advised them that my partners wage had increased and that it was going to be investigated. I then received a letter advising that I had been overpaid by £5600, I was mortified and advised that I wanted to pay it back asap. I sent in an appeal as my circumstances at the time were not good, i received nothing back from them to advise they had even acknowledged my appeal, then when i spoke to them the other day they advised that they had closed my appeal down and just withdrawn it by £100 I re-applied when i was on maternity allowance, they advised i was entitled to around £10 a week of which they would claim that back towards my debt, then when i went back to work they advised me i wasnt entitled so I set up a payment plan of £30 a month. Now I have received a letter saying i need to go to court i am at my wits end. From the free legal advice that I have received they are saying if i plead guilty I will get a criminal record and fine but if i plead not guilty then it could be drawn out longer and court costs could go up more and i could be looking at prison. I have never done anything wrong in my life i'm so worried im going to leave my children.
  10. Hi there, I have recently left a rented business property and paid my rent up to date. The landlord has since complained that I had not left the property in a good state of repair, a claim I strongly dispute. The lease expired several years ago and I never received another one. The LL has now produced an amendment to the lease, which I never saw or signed, but even that has expired by more than one year. The property has been re let but the LL has now sent me a demand for several thousand pounds for restoration work and a surveyors report. I have had threatening letters from a solicitor but as of yet no court papers, should I be worried? Many thanks for any help. tibar
  11. The title sums it up in a nutshell. I pay monthly by standing order and have done so since moving into this house a year ago. I have received, over the last few months, two text messages and two letters asserting that my account is in arrears and that if I don't respond I will become liable for the whole years bill etc etc. My account is not in arrears. I have bank statements which show the sums being transferred to the council in question every month. I have emailed the head of revenue and benefits to tell him to check whatever error is causing this on his system and to point out how unacceptable it is to send people threatening letters in error. I attached copies of my bank statement showing the payments by way of proof. I can well imagine there are some people who would be intimidated or caused undue stress by the type of things they've sent. I copied in my councillor, who acknowledged the message. No response yet from the recipient. Today I have received a court summons for 23rd of May on account of my non-payment. Obviously I am not overly concerned, as I know I have paid and can prove I have paid. What I would like to know is how best to act now? I have let the councillor know what has happened and sought further advice from him . I am not against attending the court date if there is anything to be gained by that for me. The outcome I am seeking is an acknowledgment of the errors on the part of the council and a stop being put to the harassment via text message and letter which has now been going on for some months. Does anyone have some advice for how best to proceed?
  12. Hi I am looking for some help in identifying what the correct default date should be on an old debt from Barclaycard. I went into arrears on a Barclaycard account during 2011 and the debt was transferred to IDR/Link Financial Outsourcing in March 2012. There was no default issued to the credit reference agencies by Barclaycard before it closed the account and transferred it to Link, who subsequently registered a default in September 2012. However, having gone through old paperwork whilst preparing a CCA request, I have found a default notice (section 87(1)) from Barclaycard (via Mercers) in December 2011, i.e. before it was closed and transferred to Link. In addition, I also received a default notice from Link in September 2012, just before they registered one with the CRAs. The default is still on my files and is due to drop off this September. I believe the correct default date should be the December 2011 one, as that is when Barclaycard sent me a default notice and 3 months before they closed the account and sold it to IDR/Link. By September 2012 I had also been in arrears for around 1 year, which I think is too long before a default should be registered under ICO guidelines. However, I am not completely sure and have the following questions: 1. Must the creditor register a default when they issue a section 87(1) default notice? 2. Can the debt be sold to a third party DCA without a default being registered? 3. If yes, can the DCA subsequently issue its own default notice and register a default? 4. Related to questions 2 & 3, can I be issued with two section 87(1) default notices (I am aware that it is not allowed to register a default twice but not sure if this is the same thing). The debt is not settled. Clearly, if I get the default changed to the earlier (and I believe correct) date then it will drop off my files. Any help gratefully received.
  13. Good afternoon I currently have an ongoing complaint which has recently progressed to a complaint being made to the financial-ombudsman. I recently received some letters from bright house regarding a late payment fee which say's on all 3 letters that the date of Agreement being 21-11-2017. Is this the actual day they claim the agreement/contract was made? As One of the items is a Television id took an agreement on in november 2014 and should of been paid of by now but which they claim over £1000 is owing on When challenged about this i stated that we had items 2-3 years after that and told them they would of not allowed us more items if we that far in arrears at which he said he only knows what was written on his pda (called to our home)
  14. Last year I booked a transatlantic return flight from Madrid with Iberia, on behalf of a friend of mine who moved to Madrid years ago. It was an expensive flight to start with and the email from Iberia stated that date changes would incur a penalty of between US $195 and $325. She changed the return date and was told over the phone that she had to pay over $500 to change the date. She argued about it but was given some stock answer by the local Iberia office so she had to pay the amount using her card. This is clearly not in accordance with what was stated on their booking confirmation email that stated: "Change Allowed with a penalty between 190-325 USD for departures from America, 150-250 € for departures from Europe" I believe BA and Iberia have merged https://www.britishairways.com/en-gb/information/about-ba/iag Is there anything that can be done?
  15. Hi, I have joined the forum in the hope that somebody has useful information for me in my aim to shake Cabot Financial off, who are chasing a debt which becomes statute barred in September 2018. A brief outline of the debt I am being chased for: Type of debt: Credit debt - Santander Current account Outstanding balance: £590 (consisting £150 overdraft + £440 charges) Account closed: September 2012 After speaking with a helpful advisor at the National Debtline and explaining my situation, I was told it was a difficult one which needed careful consideration of my next steps. I was presented with three options: 1. Wait the seven months and risk court action 2. Set up a payment plan, which would reset the limitation act 3. As it was a disputed debt with Santander, present evidence to Cabot for them to investigate - but this would reset the statute barred clock. I have email records of a complaint I had made to Santander about charges on my account late in 2011. Santander acknowledged receiving my complaint, they even followed up with an email apology for the delay in responding to the complaint - but this was to be the last correspondence with no further follow up and the issue remained unresolved from their side. I have records of this correspondence. I stopped using the account and the charges continued until the bank decided to close it in September 2012. I really don't have the money to pay this debt. I would really like to avoid paying it especially as it was disputed with Santander in the first place, I can't afford a CCJ as it will stop me getting a mortgage which I hope to be in a position to go for within the next few years. I am looking for delay tactics without acknowledging the debt to get me into the statute barred date when I can confidently answer a Cabot phone call and tell them to do one! Any wisdom would be greatly appreciated!
  16. I wonder if someone could advise please. I called on 5.1.16. for a DLA application for my child. I completed the application by downloading the form. My child who requires day and night care. He was awarded personal middle rate care and low rate mobility. The first payment was the date they received the application - not the date when I phoned i.e. 5.1.16. and I did enclose the page they sent which stated I called on 5.1.16. and it had to be back by mid February. I have called DLA and said that they have not taken into account the night time care my child needs. He is up twice a night for around 15-20 mins and sometimes has to sleep in my bed. DLA said that they 'thought' he only got up 4 times a week during the night for the toilet. I said it was clearly stated that every night he has nightmares and I have to get out of my bed to attend to him. They said they hadn't read that - it is clearly stated. I also said that even though I downloaded the application, the award started from the date they received it. They said the it was because I used the download form - even though I attached the paper page version of the date I applied. So it went to a mandatory. They wrote back and said that there was not enough medical evidence about the night time care enclosed with the application (I sent my GP's letter) - they have not contacted my GP. Now I've had my mandatory, if I'm not happy I have to go to appeal. This is unfair as if they had doubt about night time care, then they could have written to my GP. Is there anything else I can do about this instead of going to appeal as clearly they have not read the application properly and now I've 'spent' my mandatory. Also can someone advise me about when the DLA should have started. Many thanks. BTW I wanted the paper version for the Notes as I haven't got the money to keep paying to top up my ink on my printer.
  17. If anyone could give some advice on this I would be great. Following loss of my partner in August I had a nervous breakdown had to go into hospital for a week. My parents had to take care of my children and its been a pretty devastating and traumatic year, given the nature that he passed away. We are back on track now and rebuilding our lives I was out of work for a few weeks and inevitably have fallen behind on a few things. One being council tax, I missed 2 payments totally £84.44. I'm sure I spoke to them on the phone at the time and told them what had happened and that I was struggling i have received a 'south East Surrey Petty Sessional Division Summons for non-payment of council tax' - the summons requires me to attended a local magistrates on 12 December at 9.30AM and includes court costs of £50.00. Any advice would be extremely well accepeted!
  18. I am trying to support someone who has been rejected P.I.P and having requested copy of Consultation report it appears that their decision is based on information supplied from 1) Claimant's questionnaire 2015 2) Claimant's questionnaire 2017 3) Psychologoical therapy plan 2015 4) Date of Tribunal 2015 5) Psychiatrist report 2012 She has struggled to get the treatment recommended by the Psychiatrist in 2012 and some of which is only (JUST) being put into place. Social Services were responisble for not referring her to the relevent treatment organisations and we have had to fight hard to get her where she is today. She puts a stiff upper lip on things some days to get her through but she does not and cannot cope with the outside world! I am just drafting up a new appeal letter and would appreciate your views on whether the data they are relying on is a valid reason to reject the Mandatory Reconsideration? TIA
  19. I have an old Nationwide credit card debt that has changed hands a few times. It now appears to be owned by Robinson Way who have started sending me collection letters. The debt had a default date of 20/12/2010 and dropped off my credit file last year. However, I have just checked Noddle and it has reappeared with a new default date of 06/2012. When Robinson Way contacted me four weeks ago, I sent them a Prove It letter to see what they had. They have replied saying "Please set out simple and reasonable details of your dispute or query, Please call us or write to us setting out the reasons why you dispute your liability for payment. It would also help if you could send any supporting documents that will aid us in resolving your dispute." This debt has not been paid or acknowledged since August 2011 so I believe it to be statute barred (I am in Scotland) but I don't want to send a statute barred letter until I get the default date amended back to the original date so it drops off my credit file again. Any advice on how to proceed would be appreciated. I am not in a position to repay this debt.
  20. Hi, My son has received a Single Justice Notice Procedure having been stopped for no Insurance. Stopped on Monday 3rd July - the day he started his new job at 6.35am. However, the police officer wrote the wrong date on the ticket - he put 3rd June which was a Saturday, although in his written statement he has put the correct date. Any chance of getting this thrown out as the police officer's evidence is inconsistent? Roadside ticket is dated for a completely different day.
  21. Concerning the issue of whether we are a casual worker or a an employee there is many criteria to consider for example the time we work for the employer, our skills, whether he employs us only in case of shortage or during peak time or he uses us in the normal running of our business...etc. However I would like to know if the conclusive evidence is not when the P45 has been issued because if it has been issued one year after the start of employment this means that we are now an employee. It is up to the employer to decide if he need us anymore or nor and as a consequence if he send us our P45 or not. If the employer decides because it is not convenient for him not to issue a P45 at the end of each project we could be consider as an employee There is also the issue of HMRC and in order the employer not to pay tax maybe a worker has to work only for a small period of time and not come back for a long time There is also the issue of the difference between temporary employee and a casual worker
  22. Hi, I have a CCJ on my credit report commencing on 10/08/2014. The date of default for this debt is 08/10/2011.It is for £664. The debt is with Lowells for Mobile communications Three. I have not moved recently however I cannot remember any court forms for this CCJ at all. Do you think its possible to get this ccj set aside? Also how does the CCJ work until 2020 when I presume the debt part will drop off in October? If I asked for it to be set aside after the default date could I get it set aside because the actual debt would be more than 6 years old and is it possible to go down the prove it route then. Can anybody help with this at all,I am literally going round and round with this problem, Many thanks
  23. I have received a penalty charge notice from NHS Business Services Authority for a recent dental check up. I am on jobseekers and not realising there were 2 different versions of jobseekers, I checked the exemption box on the back of the dental form. The treatment dates on the nhs penalty charge letter are incorrect. The treatment was actually 2 days before the dates listed on the pcn. I have contacted NHS Business Services Authority (NHSBSA), stating that the dates are incorrect, they want me to contact the dentist to clarify my treatment, I have contacted the dentist asking this and am now waiting on them to confirm my treatment date. The 28 day clock is ticking, I feel reluctant to pay due to the details on the pcn being incorrect. Do I have a leg to stand on ?
  24. Good Afternoon everyone, Having had a read of these forums I have seen how helpful you have been with offering advice to other people so decided to register and post my own situation to see if you can offer me any advice. I am currently a private tenant through a letting agent. I originally signed an Assured Shorthold Tenancy Agreement on the 1st October 2016, which was a 12 month agreement with a 6 Month break clause. This agreement was signed by both myself and my Girlfriend at the time, so this original tenancy has not yet ended. On the 12 June 2017 (3 and a half months before the tenancy end date) I was contacted by the letting agent to re sign a new agreement which would run from 1st October 2017 for a further 12 months, with a 6 month break clause, so this is still a month away from actually commencing. The tenancy is still in the names of both myself and my girlfriend at the time (with myself listed as the lead tenant). Since signing the tenancy agreement on the 12th June 2017 I have had a change in circumstances, in that myself and my girlfriend are no longer together (this happened in the last week). As such I am now in a rather dire situation where I face having to pay a minimum of another 7 months worth of rent (£1200 per month) which on my own I simply cannot afford to do, I don't earn enough on my own to cover the cost of this and council tax/other bills etc. I was wondering if anyone would be able to advise me where I stand legally with regards to now cancelling the tenancy agreement due to start on the 1st October 2017. From what I understand this is only possible with the landlords consent and I would be liable for any costs incurred to re let the property, however as I am the current tenant, at the end of the current agreement I only needed to give 30 days notice, so would this apply? I wanted to know what (if anything) I can do to cancel the AST from the 1st October. Any advice or help would be greatly appreciated. Thanks Jamie
  25. Hi As this is now going to the courts, does anyone know the date that CITI card changed over to OPUS? Thanks
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