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  1. Hi All, I have a BTL property. I was in arrears of months. Today I have recd a letter for formal demand to pay full mortgage in 1 week. I have cleared the arrrears as of this morning. I am bit surprise no notice or anything during this 4 months except letter of arrears. I was wondering what are my options? Any help would be much appreciated. Thanks Bill
  2. A family member has been sent a letter from Intrum threatening that they will consider issuing a Statutory Demand for Bankruptcy proceedings. The alleged debt is one Intrum bought which is for over £10,000 and is about 10 years old.I also know the debt isn't statutory barred in the near future. A previous DCA was sent a CCA request about 6 months ago, this was not adhered to and they said they were looking into it. Do we now send a CCA request to Intrum and a SAR to the original debitor in readiness for any proceedings? many thanks in advance for any advice
  3. The flat I live in has had a problem with the roof, which has been "kicked down the road" for the last 8 or so years, and got progressively worse, to the point where there was a partial ceiling collapse in a communal stairway, and as a result, the managing agents (HML Anderton) have finally "sprung" into action. As the roof has got progressively worse, so has the bill, and there is a shortfall of just over £5k per flat, which we have received a section 20 demand to be paid immediately, money which I cannot afford. I have paid £1k, can shove £3k on a credit card (which I am reluctant to do, as my credit card has a high APR, due to my poor credit rating) but that still leaves me £1k short. Mortgage provider not interested for the reasons above. The question of what happens if we cannot afford it was raised in a residents meeting when this first came up, and the response was that they would contact the mortgage provider directly to seek the funds, but this was subsequently denied when I asked about this option. The agents have been continually chasing me, and advised that I was the "last to pay", although a neighbour told me last weekend that he had only just paid, so I know this not to be true ( at least when they said it). I think my question is, are they being unreasonable in demanding this money in such a short period of time. I really don't know what to do next. Any advise greatly received.
  4. I request your assistance for dealing with DRP (Dept recovery plus ltd) who are acting on behalf of Empark UK Ltd operating on ground of Mount Vernon Cancer centre. I had a letter on 12th April 2018 that my vehicle was issued with a penalty charge notice on 12th February 2018 for the reason of 'parked in marked ambulance bay'. I disputed the matter in writing that; 1. My vehicle was never parked in the bay 2. No where the location states 'Ambulance bay' rather at one point it says 'Authorised vehicles'. The parking area is used by Ambulances, private hire vehicles (who are contracted by hospital to pick up/drop off passengers) and also for people who pick up and drop off passengers. My mother is a cancer patient. On 12th she attended hospital to see the consultant, due to some internal issues she continued to wait for over 4 hours and her condition deteriorated, started vomiting i drove the car from the car park which is fair distance to the door of cancer centre (never parked in the bay), i then walked in, pushed her wheel chair to the car. Within this matter of minutes, the parking attendent issued a ticket and had gone to avoid confrontation. I went back to the reception and explained the matter, showed them the parking ticket i had paid. I left the parking notice with them and was assured that this matter will be taken care of. After few weeks I received letter demanding the payment. I wrote on 29 April 2018 back with all the details as above. I then had rejection on 22nd June 2018 and that i can write to POPLA. I must admit at that time, my mother wasn't well and I was struggling to look after her full time and also concentrating on my full time degree course that i did not spend time to attend to that matter. Now on 17th Dec, I received letter from DRP (Dept recovery plus ltd) demanding £145.00 by 26th December. I had a look to see if i can appeal but POPLA only accept appeals within 28 days which i missed.. what options do i have? anything i can do?? I have been in full time studies and out of work for over a year now.. can't really afford to pay..
  5. Hi, I received a Final Demand from VCS re stopping in a no stopping area to pick someone up. To date I have not responded/acknowledged any letters that have been sent. Having looked at some of the threads am I correct that at present there is nothing for me to do or worry about?
  6. I have just received demands for final balances, gas and electric, after moving out 4 years ago. Firstly I did give final readings, as my ex LL was a problem, I also transferred my accounts to my new address, and still at the same address. I can't remember if I got final bills from that long ago. The demands I've received state they have tried contacting me several times, and that I have 28 days to pay or the will register defaults on my credit file! Any advice, I have emailed a complaint to them.
  7. Hello newbie here, My Husband & I have been dealing with a Debt Collection Agency SMD Credit Solutions Ltd since April to collect a Debt owed to our Company since November last year. A little background: We were owed £38k and the debt was in dispute by the company who owed us. This was construction industry dispute where we worked for contractor (2) who was working for main contractor (1). Main Contractor (1) refused to pay contractor (2) citing poor workmanship therefore contractor refused to pay us. So it was quite in depth but it was being dragged out and being a small company we needed to get a resolution. SMD cold called us but it just so happened we were in the process of looking for an agency after them phoning us everyday for weeks trying to persuade us to agree for them to take the debt on we agreed. We had lengthy discussions about the whole case and we were upfront about everything before we even agreed for them to take on the debt. We knew it wouldn't be straight forward so wanted someone who knew what they were doing. They wanted to charge £2000 + VAT for a reg fee but we simply couldn't afford that so they dropped it to £1000 + VAT payable in 2 instalments. After we agreed we sent them all documentation regarding the debt including invoices owed, purchase orders we received, emails and a report from the main contractor (1). Needless to say SMD were useless, they never answered or return our phone calls, they never returned or answered my emails. In their initial 'guarantee email' they claimed to keep you updated every step of the way and give you a full refund of the reg fee if they don't at least recover the cost of the reg fee. Eventually after quite a few weeks I was emailed and told that SMD had had to obtain legal advice on our behalf and had to pay out in excess of £3000 in order to do so. After weeks of getting nowhere and no answers SMD finally advised us in mid June to set up a meeting with Contractor 2 and main contractor 1 and thrash out what we could get paid. We advised them that we would look for an alternative agency who was specialised in Construction industry disputes and we would like our reg fee returned to which we received no reply and no refund. We then received the official In Administration letter from contractor (2), and I left a negative review on SMD company facebook page. Nothing defamatory or untrue just stating our disappointing experience and that I would not recommend them. Oh and I hope they don't keep telling people about their 100% success rate which is what they said to us. Today I get an email from them saying that unless I remove the comment they will charge us £10,000 (10 x the reg fee) plus the £4000 costs as per their T&C's. They claim we mispresented the debt by not telling about the report Can they do that? Sorry for the long post
  8. Hi - first post. https://www.consumeractiongroup.co.uk/forum/showthread.php?485544-VCS-windscreen-PCN-Scotland-Disabled-Badge-on-floor-opps-i-have-told-them-i-was-driving-help Have received today exactly the same letter as post 52 above, relating to an alleged PCN in Dundee on 7 December 2015. I have a vague recollection of there being a PCN in the location a long time ago but am sure I haven't had any reminders since, so it's odd to have this final demand before court action 2.5 years later. Maybe the Carly thingy case has got them excited, as they mention that although it has no bearing on what they're written to me about. I assume I ignore?
  9. Firstly I do apologize if this is in the wrong place on the forum: My partner received a letter from Judges Demand demanding just under £2,000 for unpaid nursery fees dating back 4 years ago or there about's. Now when the letter landed on the doorstep enclosed with it was a "Contract" which printed was my partners name and previous address. Overleaf was a signature that they claim is my partners which is far from her signature used on things such as driving license. Within this said contract there was a term "If payments are more than a week late then entry will be refused until the balance is brought up to date". My partner is insistent the correct notice was given to end the placement within the setting. A claim the client strongly denies. There was an invoice enclosed within this which stated figures only. Not detailing what the figure was billed for. We sent an email across to ask the following: Could your client please provide me with a true copy of the contract that you claim I've signed as the signature is nothing like my true signature. Evidence of this can be disclosed upon request. Could your client also please provide me with attendance records along with any correspondence that relates to this matter. Can you client explain why a debt of almost £2,000 was allowed to be accrued before seeking recovery of the amount. Surely as per term one if payments are behind then entry would be refused. Surely at £170 there must of been some common sense used as to when to begin recovery for the outstanding balance and not allow it to exceed a specific amount. They have said they would like to see a copy of my ID with my signature although have advised doing so would not alter anything to do with the amount they are claiming, To date they've now replied to say that they are unable to provide attendance records based on the time that has elapsed and they are entitled to claim the balance they've raised due to 6 years not passed. They also cannot provide us with any correspondence sent across to address this matter before passing it to a DCA. They've completely dismissed the quote around allowing the debt to accrue so high before pursuing her for monies. They've said that she's openly admitted liability for the amount therefore they want her to pay - All correspondence by email. Upon checking the emails there is no liability admitted whatsoever I'm keen not to just ignore this as I too received one of these that I was liable to pay and I stupidly ignored it now I've received a letter from the county court bulk center wanting me to answer. The one for me is significantly lower so I don't want to ignore this one. If anyone can shed any light as to which direction i need to go in. We only have around £10 per week disposable income between us once our debts are satisfied.
  10. Has anyone had any dealing with Community Infrastructure Levy (CIL)?? We have received a demand for a Community Infrastructure Levy for the sum of £23187.50 which has come as a great shock to us. We were not aware of any new procedure in dealing with this CIL charge and it is a genuine oversight on our part that we did not complete the necessary forms or notify you of the commencement date of the build. We are not builders or property developers and due to this we had employed an agent to act on our behalf with matters relating to our planning application and build. It is not until now that we we aware of this new procedure and I would like to add it still seems to be very complicated. Our planning application was submitted by our agent with the required forms notifying the Council that we were building the extension for our own use and do not intend moving within the foreseeable future, he did advised us that there would be a CIL charge but we would be exempt, at this stage we had no reason as to question him as he is the expert! Once planning was approved we received a letter advising of a CIL charge which was approximately £20000.00 we called our agent and advised him of this and said that if we had to pay this sum of money we would not be starting the extension, his response was that we were exempt as it was for our own use but we did have to live in the property for three years once completed. I advised our agent in January this year (2016) that we were intending to commence work early March and requested that he submit the necessary paperwork the council, he advised that he was just finishing it and would send it in the following day. We received a Invoice for £518.00 from the council which we duly paid, our work started quite a bit later that we had intended due to being let down by builders and weather conditions. Our footing was poured on the 7th of June 2016 and so far we have had two inspections of the work from the Council. To us the lay person this is what was necessary and we were not aware that we were doing anything wrong in this procedure. The works are still being carried and we are a long way from being finished. Currently the extension being constructed is not in a position to be occupied and indeed part of the existing property is not suitable for occupation either, and we currently have no heating not a good position to be in with the weather due to change at any time!. We were lead to believe that as this extension is for our own use we would be granted an exemption to payment of this CIL. The situation has not changed and the payment of over £20,000 to the Council does not appear to comply with the spirit of the Governments intention in setting up the Community Infrastructure Levy. We were lead to believe that the rules specifically allow house extensions for the owners own use to be exempt from CIL and our situation has not changed since our planning application was submitted. We understand now from our conversation that this is also not a given fact. We are going to be seeking some legal advice on this matter in the next few days, and will also make an attempt to complete the complicated appeal form relating to the CIL charge now that I know where to find them, as the demand that we received relating to this matter and the instructions on how to appeal are not clear, in fact my original appeal letter was sent to the wrong place as the instructions advising how to appeal advised appealing via the portal!! (it never said which portal or provided a link on how to get there) We do have a paper trail of correspondance between ourselves and our agent which will confirm what we have mentioned above. Please can anyone give me some guidance on this matter, I am guessing I will need to make a claim for negligence against the agent? the authority have offered a payment plan which is currently 50% of the demand and the final 50% being paid 60 days later but they said that they could possibly spread this over 12 months this equates to over £1600 per month I cannot possibly paid that amount I work part time 24 hours a week in retail and my husbands wages are all accounted for in our daily cost of living.
  11. Hope someone can help with this? I have lived in my house since 1976. Never had a demand for this rent until now. The demand from Linder Myers Solicitors says made payable by a conveyance dated 6th December 1898. Executors of Mrs Marjorie Wilkinson Dodd Rent owner under a conveyance of 24-12-1990 I own the Freehold which I purchased in 2001 so I don't pay any Ground Rent and I know this is a separate charge. On the document from the Land Registry under Charges Register it states:- 1.The land in this title is with other land subject to a perpetual yearly rent charge of £27.14s .0d created by a Conveyance dated 6 December 1898 made between (1) Mabel Newton Taylor and (2) Thomas Whitehead. The said Deed also contains covenants. NOTE: Abstract filed under LA127521. By the Conveyance dated 22 November 1933 referred to below the land conveyed was informally exonerated from this rent charge. 2. (24.04.1986) LEASE dated 10 May 1929 for 999 years from 10 May 1929. Note : Lesee's title registered under under GM94593. 3. The land in this title with other land is subject to a perpetual yearly rent charge of £8 created by a Conveyance dated 22 November 1933 made between !9 Joseph Warburton and William Albert Downs. The said Deed also contains covenants. NOTE: Copy filed under GM408242 There is no mention of conveyance dated 24-12-1990. Bit long winded I know but any advice appreciated Also they are claiming arrears from 2012 to date
  12. So I need some advice. Long story short, I was working for a small lettings agent. I was given a company car however the owner told me to take out personal car insurance, stating that he would pay the monthly direct debit. This was the case and I was working their for a couple of months until unforntualy I had an accident in the car making it a write off. I then had to claim on the insurance, the car was paid out, after that the owner decided he didn't want me to work their anymore. I then lost my job, the owner canceled the direct debit for the insurance which then, in turn, caused Direct Line to cancel the insurance. I then, however, started receiving letters from Direct line insurance stating that I owed the £1809.71 for the rest of the insurance premium as per the terms and conditions. I ignored these letters for months, however, I am now receiving letters from Moorcroft Debt recovery LTD who have been instructed by Direct Line insurance to collect this £1809.71. I need some advice asap, I am currently not in a situation where I can pay off this debt and to be honest I don't really want to.
  13. Good Afternoon, I am new to this site and after popping Lowell in my search engine, this amazing site popped up! After reading several posts on this forum I have plucked up the courage to post and ask for help. I had a dispute with vodaphone over two years ago after been a customer with them for 15 years. It all started when they changed their billing system and did not take payment for over 12 months and then I received a massive bill .. they continued to provide service until eventually they restricted use of my sons phone (on my bill) and then after three months put it back on.. They eventually cut my phone off and refereed to a DCA, name escapes me now.. I received a letter last June, stating unless I contacted them my case would go to court, three weeks later. I contacted them explained what happened and I never heard anymore from them until I received a letter from Lowell in May. In May of this year I received my first letter from Lowell, and have since received three more, offering a 30% and a 40% discount on my debt. The last letter received on 17 July stated that the 40% discount would apply until 31 July, before they take legal action. I was so close to calling them this morning to set up a payment plan as 40% off the orginal debt of £1187.71 is a lot of money, but then I found this site. I have read a lot about requesting SAR, but tbh I dont understand it. Shall I ring to set up a payment plan? if not I would be very grateful if you could advise my of the next steps. I am worried sick that it will be sent to court. Thank you in advance.
  14. I am a member of a gym which has a small car park. When you attend the gym you have to input your car reg inside the gym. I bought a new car in March and on the same day I collected it I went to the gym, inputted my car reg which as it was new the system wouldn't recognise. The attendant told me not to worry and I signed in as usual. Of course I then receive a PCN which I appealed and provided confirmation from the gym that I was a member and attending the gym at the time in question. For some reason the appeal was turned down and I have now received a demand from Civil Enforcement threatening escalation to a third part collection agent and possible proceedings. As the gym whose car park it is has confirmed I was there can CEL demand payment. What is my next step. Is there a standard letter I can send to CEL advising that they have had confirmation from the gym that I was there and signed in.
  15. Hi Received letter from DRP (Debt Recovery Plus) to pay £160 for unpaid PCN from 14.4.18. I've never received a PCN from UK Car Park Management Ltd before, so this is the 1st time I've seen anything! Just called DRP to get more info - they have photos, say I exceeded maximum stay (or may not have paid). I remember being surprised on the day that it has changed at Brighton Met College to the new system, lots of people that day had confusion, couldn't pay by phone (there's no cash option) or was told carpark full, which it clearly wasn't. I have phone record on that day, but that's all but think we may have had similar situation where it said full and we put notice in the windscreen to say this. They asked if I moved recently - I did in Oct, but did update my address with DVLA, etc. Again this is the 1st I'm hearing from them. They just said on the phone I have no right to appeal or dispute, to pay £160 or further action! Any advice would be appreciated - should I ignore, should I contact UK Car Park Management directly instead...? Many thanks,
  16. I have only just discovered this site since having 8 properties taken over by LPA Receivers. I am desparately trying to find out what to do next. I read that I can make an Application to Court to get control of sales. Please is there an expert who can tell me how to word tha application? I am scared of making an awful situation even worse if that is possible!!!
  17. In October 2016 I took out a loan online from the sister company of the O University (OU), OUSBA for close to 7.5K (for 2 modules). The repayments were 500 a month. After a few months my circumstances changed and I was unable to make those repayments. I arranged with OUSBA to pay a token payment of 60 a month until my circumstances changed. My circumstances became increasingly worse. I had and still have a lot of trouble with the OU - namely they refused to grade my end of year work because it was submitted a couple of days past the deadline. However, this was due to malfunctioning software provided by the OU. I have been appealing this decision (and other issues that I have had with the OU) for the last 6 months. It has meant that I do not receive my degree. It has been extremely stressful and has impacted negatively on my health as well as resulting in a loss of earnings. Given all this I was unable to make one of the token repayments at the beginning of November, but paid it by the end of the month. In January I received a letter from OUSBA which was dated the 23rd December 2017. In this letter they refer to a Default Notice from the 25th November 2017 (which I did not receive) and said that they were terminating the agreement. The last of my payments however was on the 21st December 2017 (2 days prior to this letter). I wrote to them explaining the situation and asked that they revise the termination. stating that I wished to continue with the token repayments until the situation changes. I told them that I could provide a letter from doctor and also proof that I am currently unemployed. They wrote back simply saying that the agreement has been passed onto their legal agents, STA International and I need to contact them. A few days later I start receiving calls, SMS messages, emails, letters from STA International that state I must pay the rest of the loan 6.5K in full and I must respond to them within 14 days. I am extremely nervous about this (I suffer from anxiety and the stress of dealing with the numerous issues with the OU has significantly intensified my condition - I receive weekly professional help with it now) I do not have this money, as mentioned above, I am currently unemployed and struggling to make ends meet as it is. I don’t want to make any mistakes in dealing with this. Can anyone advise me on how best to deal with this situation. Can STA take me to court? What’s the worst that can happen? I am truly at my wits end after all of this. Any advice would be greatly appreciated. Many thanks
  18. Hi Guys, I am new to website. But i have really big problem with hsbc. let me explain. I have small property investment business. Due to this when we pay some of builders they take out money without my authority each time i have to cancel my card and bank sent new one this things happen 7 to 8 times we told number of time banks about this and finally came to point when we thought its best to close a/c and all matters. At that time i have one credit card, bank a/c and personal loan on my name. Bank has closed current a/c and credit card straight way but loan they told me if i can not afford to pay they will keep open as it is and i have to keep paying them monthly arrangement. i have setup arrangement with them by direct debit and till date everything upto date i did not miss any payment. During december time my father passed away and i have to go out side country, during this period hsbc suddenly decided to close my loan a/c they sent out letter which i was not aware. After few days later another letter came for default notice and final demand. I came back last week and i have seen these letters. I been told by HSBC staff not to worry and they will sort out everything . I been given collection number which i called number of time but they have given one answer as my loan account is active and its up to date. Letter i received from hsbc clearly confirmed they will pass my details to credit reference agency and it will affect my credit rating. I have made full payment to HSBC but they refused to do anything. I have explained them as i was out side country and i did not received any phone call but they did not listen. As well they have notes on system march 2017 confirming person previously dealing in back office (customer relations manager) place note confirming account keep open and customer will maintain monthly payment as agreed when opened loan account. HSBC in march 2017 told me they will keep my loan a/c opened as far as i will keep paying my instalment but in december they have decided to close my a/c. Branch even give me wrong information as they told me nothing to worry my a/c is up to date and no action required. I really need serious help as my business on credit and if something goes against my credit file it will be end of my business. I need serious help as bank not helping me out at all neither branch already made complain to bank but i am not hoping any good response.
  19. I signed a franchise aggreement (unfortunately) and I would like to know if the : personal guarantee`s that was included is legal, if it was not witnessed, at the time of signing, and their is no provision for a witnesses signature, is there a set format for this, and could it be deemed invalid and/or, not binding? when is a deed not a deed? Your advice would be welcome. Thanks!
  20. Hi I have received a mail yesterday from Merligen investment limited. There are three pages in the envelope. One with Merligen investement logo and the other with £Money Junction logo. both have the same body of text which I shall copy here: 14 December 2017, Re: Money Junction limited/Curlywig Limited Your account New reference balance due [redacted] £1072.91 [redacted] £12 We give you notice that Money Junction Limited assigned to Merligen Investments Limited all of Money Junction Limited rights in to and under the above detailed account on 30 November 2017. As a result of this assignment the full amount outstanding on the accounts is now due to Merligen Investment Limited. Following the assignment of these accounts Merligen in vestments limited is the data controller of your information in respect of these accounts and has the same rights to give information to credit referencing agencies about the personal debt that you owe in respet of these accounts, for example if you have fallen behind with your payments. Your accounts are now being managed by Moriarty Law Limited and all communications and payments should now be directed through Moriarty Law Limited. Please ensure that you or your 3rd party representative who is advising you, contacts Moriarty Law Limited following receipt of this letter. They can review your circumstances and agree an affordable repayment amount. The process can be dealt with quickly over the telephone. Please contact 02031264544 and their advisors will be pleased to assist you further. Yours failfully signed: Merligen investment ltd. The other page is actually the same body of text and signed at the bottom: MoneyJunction. Now, I do not recognise the amount owed or the companies involved. I have a personal debt with Barclays Bank which is running smoothly and I have never been behind the payments. All my bills are paid by direct debit and only store card I have is with NEXT and I am paying them back on time. I rang the the 0203 number and the office was closed left a message saying I received their letter but I don't recognize the content and left them my phone number, no one has called me back. There is another phone number for Money Junction at bottom of their letter and its out of action. The 'Curlywig' I searched for on the internet and it is a PPI company. The Merligen is an investment company but I don't exactly understand what the nature of their business is, are they debt collectors? Why haven't they been more specific and say what the debt is for because I do not recognize it. I never had a demand for payment from any of these companies. Yesterday as you can imagine I was first shocked then angry then sad. But I have decided to try to get to the root of this problem that has presented itself coming to Christmas! they know when to strike, don't they? sorry to go on but I thought someone here might be able to shed some light on this matter, maybe people had similar circumstances? I am planning to phone them tomorrow as its a Monday and then perhaps go to Citizen Advice. Thank you for reading my post
  21. Hi Guys, I have recently received a letter from a collection agency demanding I pay the sum of £419.42 in relation to council tax owed to Plymouth City Council from 2011. I have sent a number of emails to Plymouth City Council asking why I owe this money. After completing my degree in 2011 I was forced to sign on and claim housing benefit as there was no suitable work available. My degree was a complete waste of money, but that's a separate issue. After sending and receiving a number of emails they have eventually told me that the reason I owe the money is down to the fact I never informed them of my address change, when I moved out of my student house and into another house share. However, this is not true I remember distinctly informing them and this was reaffirmed to them again at a later date when I was forced to claim JSA again after securing a month's work. They have gone to the Magistrates Court and obtained a Liability Order, which I believe has been done falsely as I do not owe the money because I was exempt. I raised a complaint but they are not budging on their position. Is there anything I can do? Any help greatly appreciated. Cheers, Jake
  22. The last few months I have been receiving numerous letters from a company called LCS demanding £24.65 + £5 admin charge on behalf of their client E-on for an alleged bill in June 2016 when I switched to a different supplier. I have contacted them by email many times for them to prove who they are & how the debt was incurred. LCS have now sent me E-on bill printouts & are now demanding £99.65 for an 'estimated bill'. As far as I'm concerned I do not owe any money. E-on have been very unhelpful. Any assistance please?
  23. Hello, I was recommended to post on this site and time is also not on my side! I appreciate any input and advice, thank you a) I went insolvent in September - since the date, I went to the HSBC branch with my wife to remove my name from the joint account and sign over responsibility to my wife as a sole account holder (including overdraft £900 and joint consolidation loan £326p/m on 18k). She did IE sheets and was telephoned across, approved, and we signed. The joint loan was part of my bankruptcy I understood it that my wife would take responsibility of that, hence going to branch and doing this. b) Since then, she was issued a final demand notice out of the blue, claiming default on arrears (there are no arrears, never have been) and 18 days to settle balance in full (£18k). No mention of any BR, just a final demand which is inaccurate in it's detail for the reasoning - and as it transpires, resolving it. c) 3 days of calls, and about 5 hours of speaking and on hold between departments because nobody seemed to know what was going on, we were told by the Financial Guidance Team to do nothing, let it ride out as they needed to charge off the account because of my bankruptcy - they'd even refund the latest payment which was automatically made after this demand letter. But doing this, of course would result in a default marker for my wife. and the recovery department would be in touch to collect the debt. Not knowing who to believe, I was passed to the 'insolvency team' who told us that my wife must get back in touch with the Financial Guidance Team, do a I/E and set up a repayment agreement BEFORE the 18 days. Needing clarity, and being frustrated at being told different things between departments (as well as being emotionally crushed, not to mention the psychological damage of listening to that HSBC hold music), we went to branch to have someone work with us to resolve. She made a call to the department on the final demand letter, who also said - get in touch with the Financial Guidance Team to do an I/E and set up a payment plan, if she does that then the default will not be passed to the CRAs. She put us in a room to make a call to the Financial Guidance Team, but then the whole fiasco started again... d) The Financial Guidance Team are adamant that they will not allow a payment plan. One guy we dealt with even went through a I/E with my wife but then came back after speaking to his manager, sorry, actually, that this isn't possible. I have spoken to the Manager who also insisted that it simply is not possible to set up a plan because of my bankruptcy, the account needs to be charged off. Period. I have argued that this goes against the terms of the loan in that she has not had the opportunity (actually denied!) to resolve this and she is being forced into default unfairly. The original contract has a clause about calling in the loan if bankruptcy happens to any party, but there is a line also that states that such action won't happen without notice and an opportunity to resolve, which is what I believe is being blatantly breached here. The manager raised a complaint for me - I have the reference number and intend to follow this up with my version not knowing what the complaint that he has raised references. Even after I spoke to the manager (who I suspected had either got this very wrong or has is own agenda), I asked to get put through again to the insolvency team again, who again stated the same - 'speak to the Financial Guidance Team' and get it sorted before the 18-days! Stalemate. My final call with the Financial Guidance Team yesterday, I spoke to a very nice woman who looked into everything and took it upon herself to speak between departments, not me, and get back to me. Her news: anyone who has told me that you could set up a payment plan is incorrect and has probably not understood that the final demand was generated because of my insolvency (even though the final demand says nothing of the sort - it even gives a reason it has been sent which is due to previous notice of arrears [not true]).. . the insolvency team I was repeatedly passed to was the 'wrong one' based in India, not in Birmingham... and apologies for the mix up but 100% we cannot set up a payment plan, the account needs to be charged off and your wife will have to speak to the recoveries people after. e) So what now!!? For our efforts, we are totally unable to resolve this through a payment plan, it's 18K or default. I have a complain reference number. They say that expect about 4 weeks for a reply to the complaint but maybe up to 8. I understand that I cannot do anything with the Financial Ombudsman until I have a reply (or 8 weeks). To recap - my issue is that my wife is being forced unfairly into default with every effort and the ability to repay with amounts of the original agreement. a black mark on her credit reference with a default. Plus, we have no idea even if there is no escape from this situation, what demands will be placed by the recovery department (i.e. currently the loan is 60 months at £326 p/m). But then, if my wife has a black mark anyway, what options are there for her to make a reduced offer or anything of that nature? We're in territory that we didn't expect and don't really understand. Perhaps naively, we expected the burden of the joint loan to simply fall on my wife, not being called in with a £18k demand. I'm also unsure what to do in the interim - if I'm raising a complaint, do we get any period of grace here - do we commit to whatever collections dept gets in touch after, or hold them off? Any help is very very very appreciated - our 18 days is up on 3rd Nov, and we've wasted a week speaking to them on the phone and getting absolutely nowhere! Thank you
  24. This post is long over due I need some help and advise as I just don't know if I can take this stress on my shoulders any more despite having a loving caring family and the shame that this will bring on our family. April last year I received a letter from HMRC compliance asking me to contact them re Self assessment return for 14-15 as they wanted confirmation expenses claimed, at the time I had been employed as a sales manager and had to take clients out a lot and they often refused to sign off expenses so I just put them through on my tax return as I thought that I could do this and had been doing it for a number of years including road mileage etc. Around the same time I had just been made redundant but managed to get a job for an oversees company but could only pay me as a contractor as no accounts in the UK, this was always going to be a temporary arrangement or so I thought. Meanwhile I had been in contact with my compliance officer at HMRC and sent him everything that he had asked for and he was a actually a really nice man and reassured me that this wasn't a criminal investigation merely putting all the facts together. A while passed and whilst occasionally in communication he asked me to meet him at the HMRC office in London this was now October so I did and I was taken to a room where him and a colleague who was there to make notes greeted me. He told me that I shouldn't of been claiming expenses on HMRC as the company that I had worked for had an agreement with HMRC for employees claiming expenses (there is a word for this but I cant remember) which is fine but they clearly understand the characters that I had worked for and the problems we had getting these signed off. the compliance officer at the end dropped the bombshell that I owed 70k as they had gone back 10 years and they where going to add penalty charges and interest but they wouldn't know what that was yet, I was obviously gob smacked and I said that I didn't want to go bankrupt as this would effect my job and any future job prospects because of the nature of my sales role. They both categorically told me that I wouldn't be made bankrupt and I would be able to pay them off as long as it took and I would still be able to have nice holidays and they even said they couldn't get blood out of a stone. So whilst I came away from the meeting very anxious it was reassuring to think that I could pay this off maybe over 10 years or so. I soon got confirmation that in total with everything added I owed around 120k which is unbelievable considering the debt was 70k and during these years I had been paying a lot of tax and (I have never not paid tax since I was 16). I soon got letters from the HMRC debt management and was asked to contact them which I did and I was immediately taken back as to how aggressive they where and when I explained my conversations with my compliance officer they just laughed and said that they have got no authority to be giving me information like that and It is completely wrong and they said that ultimately If I couldn't pay I would be made bankrupt. I immediately contacted my officer and I have this on email and told him what had happened and he came back on email and said that he would contact them which he did and came back and said that he had spoken to them and it should be fine now. I contacted them again and they told me exactly the same thing that he shouldn't be getting involved we are the debt management team and that was that. Shortly after I had a visit from a field office and had the same conversations and she said the same things like we are not a bank and why should we let you pay over a period of years we want our money now. eventually I got a letter from the Debt final resolution team and whilst the lady has been very nice she gave me until the end of next year to pay the debt which means me finding 4k a month and a lump sum of 70k and whilst I have been trying to find someone to lend me the money its just not going to happened and I have paid the 4k for 2 months and its just left me and my family not paying for other debts and we have got behind with everything like car payments, Loans etc and I am not at my wits end as there is no light at the end of the tunnel I cant even afford to buy my boys school clothes to go back to school. The thing is I have never disputed the money I owe them I would honestly pay back every penny the thought of going bankrupt fills me with dread and how this would effect our family and stigma attached to it and will it be in papers who will find out I just have no where to turn and my employer will probably sack me once I tell them its just a really awful situation and I need help.
  25. Hi, Received a call from unknown number just before Christmas asking me to ring a number to discuss a matter - I didn't. Today have received a letter from Redwood Collections whose number it turns out was the one I was requested to ring. Letter is below, and is all they have sent to me, but my request for assistance from CAG (legends!)is what should be my first step with dealing with them, who I have never heard of or dealt with, as yes I dispute the whole debt for myriad reasons, but I want to be seen to be doing the right thing by replying to them - without listing all the reasons for disputing it at this point. I am not ringing them it will be a letter but what should I actually say in it - preferably to kill it stone dead asap! thanks for assistance According to the public record you are registered at this address. As we are unaware of any dispute in this matter, it is our intention to instruct a process server to attend your address for the purpose of serving you with a Statutory Demand issued under the Insolvency Act 1986 (Bankruptcy). Should you consider you have valid grounds for non-payment, we invite you to contact us immediately to discuss the same within seven days from the date of this letter. Should you fail to contact us and subsequently raise a dispute following the service of a Statutory Demand, acopy of this letter will be produced to demonstrate to the court that every effort has been made to resolve this matter amicably. Please be aware that should you become bankrupt any assets that you may have will be at risk. This may include the sale of your house by the Trustee in bankruptcy to settle this matter where appropriate. Yours sincerely, Enforcement Department Our company has the sole control of your account. Payment must be sent to this office. DO NOT PAY A DOORSTEP COLLECTOR, without first gaining our authority.
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