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Found 14 results

  1. I have a joint account overdraft debt (First Direct) from 2005 which has been on my Payplan DMP since 2011. The current DCA (Arrow Global) appointed Restons Solicitors who sent Claim Forms to both me and the other party, my ex. Payplan sorted my reply offering £1 per month. I didn't realise that my ex needed to send Acknowledgement of Service and I told him, wrongly,that I had it sorted with my DMP. The claimant rejected my offer and the court issued me a judgement by determination for £20 per month. My ex was sent a judgement by default. (The amounts on the two judgements were different, and on his default judgement it stated he'd paid £1, which he hadn't - it was my £1 from my DMP). I subsequently applied for a redetermination as I thought we would each submit budgets and he would start his own DMP and we could get the monthly payments reduced. The redetermination hearing is next Wednesday and states both me and my ex as defendants. My ex is long term unemployed, on jobseekers allowance and housing benefit. I am 58, self employed, on a low income and in receipt of working tax credit. Neither of us has any property, savings, assets, insurances, or anything of value. The debt is the second smallest on my DMP (total debts £24.8k). My ex is furious that he now has a CCJ and refuses to attend the hearing and refuses to do a budget. I feel responsible for sorting out the mess. My girlfriend has now offered to pay the claimant in full & final short settlement if the claimant will agree that no further liability is due from either party. Total being claimed is £461.80 plus £107 costs, so £568.80. After a couple of offers and counter offers, Restons said on 22nd Nov they would accept £422.85. I offered £400. Restons say they are waiting for Arrow to decide whether to accept my £400 offer. They're both dragging their feet unnecessarily I feel. Since it's less than 5 days before the hearing it's too late to apply to "vacate the hearing" so I must attend the hearing, alone. I need to email the court to tell them of this new development and also include authorisation from my ex. I want to email the court today or tomorrow latest to tell them about my offer, also including email from my ex authorising me to do that, also that the delay is down to the claimant. How should I word my email, how should my ex word his email, and since its a redetermination hearing that I applied for, how will the offer of short settlement affect the hearing especially since my ex won't be there. I know I ought to have sorted this out sooner but I have ADHD and also long-term depression, which makes life difficult sometimes. When I originally got into debt, before my DMP, things got so bad that I had a breakdown I'm better now. I've spent hours and hours looking up civil court procedures, protocols, practice directions, legal processes, advice websites, CAB signposted me to RCJ free advice session and they suggested I attend the hearing with my budget, which I will do. I just need to know how to handle communicating with the court about the changes, and at this late stage I can't afford to make any more mistakes. Any relevant advice much appreciated. Many thanks
  2. Sent a DSAR to National Hunter. This DSAR was specific in that I was requesting copies of any and all data they might hold on me Response being in regards to any statements, screen shots, recordings, internal and external communiications etc. They have stated that they want me to be specific, that is date range and what context about myself, The obligation has to be on them to search for data Looking at drafting a sutible response and welcome guidance as to content before going in with the ICO if justified
  3. Are Currys holding on to and delaying customer refunds. In my case they seam to me to be doing just this. I bought an item online and Currys agreed to collect it as it wasnt as described and didnt fit my needs. It to 8 days to get the collection and I was told that I would get a refund within 3-5 days. Unfortunately that didnt happen I tried to complain: - I tried to raise a PayPal claim but the email supplied to contact Currys on the PayPal site doesnt exist so email returned. - I phoned Currys to complain, as soon as the customer services person takes my order number she tells me I have an immediate email agreeing to make a refund, but this is over 20 days since I purchased, and 11 days after Currys picked up the item. - dont delay in making that complaint because Currys may not do anything about your refund until you complain like me. Personally I think this is - at the least just bad customer service - at worst maybe Currys are trying to increase their cash flow by holding on to customers money. poor show Currys
  4. ]In a case involving the family, a close relative of mine has almost certainly been unexpectedly included in a elderly relative's Will to the tune of many thousands of pounds. A substantial sum. However, the elderly relative passed away earlier this year, and the sole executor, the only offspring has subsequently delayed the process of probate, to the extent he has not yet made an application. This intelligence is borne out by the online probate registry which as yet is not showing any reference to any application, and therefore no information on the Will. The Executor would have been expecting to inherit the whole estate from his sole surviving parent, and would therefore have been extremely upset when he read the Will to discover that he had not in fact inherited everything. Indeed a sizeable chunk, close to a six fire sum, had been allocated elsewhere. I cannot find any definitive information about this scenario. What happens if the Executor simply declines to register the Will? Does that mean eventually he can claim there was no will/the will was not valid - it is his responsibility as I understand it for him to prove it is valid if there are questions marks ( and it is in his interests to indicate there are); does 'intestacy' rules then kick in, in which case he would stand to gain everything as if the Testator's instructions were set aside. Is there a time period during which an Executor is legally obliged to make the application? I cannot find any reference to this. And finally, is it possible to somehow 'contest' the will, perhaps argue it is invalid ( undue influence etc. or something along similar lines) before it is even necessary to apply for probate, get the Will effectively invalidated, and then claim as the Testaors only immediate relative/offspring of the Testator the inheritance under intestacy provisions? Or, could it be explained that the main assets a property, currently on a leased tenancy cannot be sold until the tenancy is terminated, and that is the reason why the Executor is holding back. I detect a pungent odour of rodent in this current scenario, and that the Executor is cooking something up, but what?
  5. Hi, hope all are well. Got a few fires burning at the moment, this one has failed even before it started. Summary as follows: Family member, financial problems. Defaulted. Token Payments being made. I sent a C.C.A. Request in April, should have received something start of this month. Nothing arrived. Made a Formal Complaint to the CEO's Office including a 'Account in serious dispute' letter, complaint ignored. Now 2 weeks overdue. Gave them a deadline to reply by. Complained on twitter, they've replied, but they are delaying the situation. [They'll probably figure out who I am by this post I'm sure]. I've given them my own Final Response. What can or should I do now? Stop payments until they reply? Make a further complaint? If so, to whom? I figure that if they can dictate and give deadlines and expect the consumer to abide by it, then the consumer can do the same in return. TIA Kind regards
  6. A county court ruling today confirmed that airline Jet2.com can no longer put the payment of delayed flight compensation on hold. The ruling could potentially affect thousands of passengers with similar flight delay compensation claims in the UK. A CAA spokesperson said: 'The judgment of District Judge Jenkinson at Liverpool County Court reaffirms our longstanding view that airlines should abide by the ruling handed down by the Court of Appeal in Jet2 v Huzar last year. 'There is no reason for airlines to place claims on hold and we fully expect them to pay passengers the compensation they are due.' http://www.which.co.uk/news/2015/02/airline-ordered-to-stop-delaying-compensation-396591/
  7. Hi folks, not been on in a while. Got a question essentially about when final sums and accrued holiday pay are payable on/after leaving an employer. To give some details. My employer cuts off the last working week of the month so they can use an external payroll company to calculate pay, leading in effect to a week lying on - so that the last week of a month falls into the following months pay period. I started mid march, and gave notice on 17/07/14 (last day of work 25/07/14) with the July payroll cut off being 18/07/14 and payable on 27/07/14. I am owed 4.8 days holiday which has been rounded up to 5 days, this will be paid to me also. My employer claims that due to the cut-off for payroll, they cannot/will not pay me my final weeks pay for the lie week and the sum owed for holiday pay until the next payroll period at the end of August. Ive tried disagreeing with this but they're not moving on the matter. I also don't like the idea of having to wait at least a month for a P45 when I start with a new employer on 26/07/14. I know the rules state that pay owed and accrued holidays owed are payable upon leaving, but can they get away with delaying as described or are they just mucking me about to save having to pay their payroll provider to make out of schedule corrections? I tried contacting the CAB about this but the advisor wasn't able to answer definitively and the number they referred to me for 15m free employment law advice thus far goes to answer and despite leaving a message no return contact yet. Id like to go back at them asap if they're wrong as I have 3 days left until leaving so any clarification would be appreciated.
  8. Hi all, just claimed PPI back from MBNA and it was up held but they only offered £154 refund in premiums plus the interest totalling about £350. I'd had the card for 13 years with high balance on it for a while. I called them today to query the amount, they say i cancelled it in 2000 which is catagorically not true, i didn't know i'd taken out PPI til i got a copy of the credit agreement the other month ! Has anyone else had these claims if so how did you deal with it? Thanks for any suggestions.
  9. My aim is to clear these debts at the lowest possible cost to myself. I have other defaults on my credit file and I dont want it to get any worse. If someone can tell me if I am doing the right things here and what action I should take next, it will be very much appreciated. Type of Debt: Personal Loan Collecting: HFC (OC) Status: 3 Late payments Balance: £273.00 (as per credit file). Penalty and interest charges already reclaimed. 06/01/13: Letter sent requesting CCA. 14/01/13: Received a reply asking for a signed request and photo ID before they can comply with CCA request. 31/01/13: Letter sent offering F&F and reminding CCA request. I offered 25% F&F on the basis that they have not been able to produce a valid CCA. 04/02/13: Received a reply refusing my F&F offer and asking for copies of payslips together with a repayment proposal. Then another letter, again, requesting a signed CCA request and photo ID to comply with CCA request. 11/02/13: Letter sent asking to reconsider F&F and advising time limits of CCA request and that ID, payslips etc are not required. 21/02/13: Received a letter recognising my requests and my complaints. Apparently a 'full investigation' will be conduction regarding the issues I raised. 07/03/13 I received a notice advising me that if I did not remedy the late payments on the account by 30/03/13, further action would be taken. 11/03/13 Received a letter today to advising me that HFC intend to issue a default notice in no less that 65days from the date of the letter. 14/03/13 Today I have sent a letter to HFC ( thanks to BRIGADIER2JCS for the template) to question their need to signature and ID if they have been sending statements etc to my address for months and also to formally put this account in to dispute. ... Where to go from here?
  10. I recently submitted an SAR to RBS, sent on the 7th Feb and received on the 8th Feb this year. This was for any and all information in whatever form (as advised by dx on a number of posts). About a week ago, I got a letter from their Mortgage department advising I'd never had a Mortgage. So far all correct. Today however I received two letters. One advising that the Lombard Request I put in should be directed to Santander, so I'll add that one to the Burton/Tandy/Debenhams pile for my next battle. However, another paragraph in this letter contained the following: 'As you have asked us to provide you with all Payment Protection Insurance information, we have also passed on your request to our Credit Card departments and NatWest Bank to enable them to check whether you had PPI on those products. The outcome of those investigations will be sent to you separately.' Not once I had mentioned that I wanted PPI information. I've written back to them advising that the information would be welcome, but in order to comply with the SAR that they would need to send me any and all information in whatever format, reminding them of the date that the SAR would expire. What's more concerning is the letter I got from RBS cards. This advised that they are unable to identify me. Bearing in mind that I'm still a customer of the RBS group (Natwest, but not RBS cards) they would not normally have any difficulty identifying me. All of my Natwest account numbers were contained on the original SAR request which they included with their letter, the same SAR request that contained copies of my passport and driving license along with all of my previous addresses. They also advised that they were returning my cheque. I'd suggest they check this as I only received a photocopy. I've faxed them back this evening advising them that the clock is still ticking. I've also sent a letter containing my Water bill which will be winging it's way to them first thing tomorrow. Another of my concerns is that RBS have pretty much admitted that they're not going to comply as they've stated that they may not be able to trace my account as it may have been closed for a longer period than their records are retained. The RBS card was from (about) 1995 to 2001, Natwest loans in 1991, 1998 and 2004 and a Natwest account from 1988 until today - I understand that RBS have been known to retain information in an 'archive' format from 1992 to 2001 - can anyone comment if they've been successful in getting such information from them? They've asked me to resubmit the letter and cheque to them when sending the identity documents. Am I correct in thinking that if these are 'resubmitted' this resets the clock? Should I be even enclosing a copy of the original letter? I'd like to remind them that the SAR expires on the 20th March, so they're only wasting their time, not mine.
  11. Hi I sent a claim about mis-sold PPI to Natwest which was delivered and signed for on 7th September. I received a reply on 17th September asking for proof of my new address. I sent this by return of post and it was delivered and signed for on 18th. I hadn't heard anything after 8 weeks i rang RBS who said there was no record of any mail being received. I was advised to take the info into a branch and ask them to fax it through. I did this and stated that as they had exceeded the 8 week deadline I wanted a reply within 14 days. I received the standard letter advising that the complaint was being investigated. After 3 weeks I called again and was told that as they did not receive the proof of address until 21st November this was when the clock started ticking. Does anyone have an email address for the CEO of RBS so I can make a complaint? Thanks in anticipation suvin
  12. Hello all, I was suspended on full pay in early August for alleged gross misconduct and the organisation took 3 months to complete the investigation (it was continually delayed due to holidays). They then informed me at the beginning of November that I was to have a discipline Friday 2nd after receiving the letter on Monday at 6pm. Considering all the evidence my union said this was too early so they asked for a delay. the employer agreed and extended it by an additional 14 days to 13th Nov (actually only 11 days later i know). However my youngest son, who committed suicide, birthday is on the 20th. considering that this is already a difficult time of year, i am worried about the effect that the additional stress of preparing for the hearing and then waiting for and then receiving the outcome of the hearing (whether good or bad - possibly my sons birthday) could have on the health of my 63 yr old husband, who has high blood pressure, and myself. Would it be unreasonable to request a further delay until week commencing 26th November? ACAS says persistent unreasonable delays don't have to be allowed. I know they don't have to follow ACAS but given I've worked there for 20 years surely they should still have a duty of care. thanks
  13. Hello everyone, Hope I can get some help with this one. Sent SAR to MBNA dated 13 July 2012. Letter arrived today saying: " Our records show that no charges have been placed on your account in the past six years, therefore there is no information to provide ". " We have returned your £10.00 payment because there is no charge for this service. However, if you do require a copy of all personal data under the Data Protection Act 1998, please send a formal request together with a cheque or postal order for £10.00 ". This is the letter I sent them: I amwriting to request a fully comprehensive list ( Subject AccessRequest ) of all the default charges for late payments or going overmy credit limit applied to my account. Also, include all PaymentProtection Cover that I paid in relation to the same account. Pleasefind enclosed a cheque for the maximum statutory charge of £10. Ifyou are unable to provide this data, I will accept a copy of mystatements; I understand that statements on their own are not coveredby the Data Protection Act 1998, yet I’m not requesting thestatements per se, but the charges, which I’m entitled to by law. If youstore any of the older records on microfiche, please be aware thatthe Information Commissioner deems this to be a relevant filingsystem under the Act. As such, any microfiche data must be sent to mein fully legible and comprehensible form. Ilook forward to your response within 40 days, as MBNA EuropeBank is obliged to reply under the DataProtection Act. If not I shallseek remedy from the Information Commissioner. Yoursfaithfully, Your advice as to my next step would be greatly appreciated. Thankyou, Vaz
  14. Hi there, my first time on this forum, but have been reading with interest several posts from users about Redundancy and would like some advice if you have time please. I've worked at a company for just short of 5 yrs. In that time I've had excellent reviews and am considered a good worker. About 18 mths ago I was promoted to manage a team working on a website for the client who we work with. All going great, been regularly told what a success the website was and how good we were doing. Then a few changes at the cleint end and on Wednesday 8th I was asked to attend a meeting with my line manager where I was told the cleint have withdrawn funding for the website and effectively my role will disappear. Attended a HR meeting Thursday 9th and was told unless I can find something else internally (using contacts I have or staff vacancy lists) by 23rd August I will then be put on my contractual 1 mth notice period and loose my job on 23rd Sept. No alternatives were suggested at the meeting, although I have forced a meeting with HR tomorrow (Monday 13th) to see if they have anything in the pipeline which isn't on any vacancy lists. My main questions are around the length of time I am being given. I have suffered from Anxiety attacks, stress and migraine in the past and had medical treatment to this end, this can be verified on my company records as it was about 2 yrs ago. Since this bad news I've not slept properly, had a mild anxiety attack, had migraines and can't eat/digest properly. I am keen to know if I have any medical grounds to slow the process, so I have more time to find alternative works. Any advice ?
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