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  1. Hi all I'm new here have been reading a lot of threads because I need to deal with some old debts which I'm being chased for by DCAS. I have one problem which I need to address urgently and hoping to get some advice here . I had a credit card and loan in Dubai . Usual story, lost my job and had to leave. I only had agency work when I returned to UK so couldn't offer any repayment. I was initially chased by debt collectors in Dubai who didn't use very nice tactics to say the least . I eventually had to unplug my landline. I have now been contacted by CWD who have sent me statements and signed agreements and have also sent me an Information sheet and reply form . It says you have received this because a company intends to take you to court. I have read through all the threads relating to CWD and cannot find anything that relates to my problem. The advice I'm after is is this a pre court letter and do I need to fill it in and return. . Grateful for any advice
  2. Hi all, I started a previous thread to share my general issues, but am posting in this section for specific advise relating to First Direct. Previous forum address here if anyone is interested: http://www.consumeractiongroup.co.uk/forum/showthread.php?458839-Low-income-6-year-old-debts-and-worrying-about-the-possibility-of-future-court-action I had an account with an overdraft, credit card and loan with First Direct (all pre Apr 2007). I defaulted on payments for the credit card and loan back in 2009, at which point, they closed my account, merging the credit card and overdraft together as one debt, and the remaining loan as another. Since the default in 2009, I have been making token £1 monthly payments to Metropolitan Collection Services; I have since moved house a few times and hence had no contact with them. Aiming to sort things out once and for all, I joined this site, and under some much appreciated advice, sent out a CCA request to Metropolitan last week. First Direct have responded, sending back my CCA letter (but keeping the postal order???), saying: The letter is not signed (didn't think I needed to) - they want me to provide a specimen signature My current address does not match their records (it wouldn't as I have moved, but my credit file address is up-to-date) - they want me to provide the old address to match their records. From this, I gather that FD still own the debt as Metropolitan did not write to me. As mentioned, my credit file is up to date with all addresses. Does anyone have any advice on how I should proceed? Are they trying to delay and does the time limit of 12+2 days still apply? Or, are they valid in their requests? Any help much appreciated Thanks AM
  3. If 4 staff have a permanent or temporary medical exemption (from the GP / occupational health) to doing part of a job (manual handling - staff are 3 female and 1 male) BUT the one male is told he has to do this part of the job (but the other 3 females not) is this an example of a breach of the equality act 2010? If it is what can be done? If it is not a breach what can be done?
  4. Hi, I sent out a CCA request to DLC, who were collecting for an old Egg debt; I have been paying £1 token payments to them every since the account defaulted over 6 years ago, and due to having moved house a couple of times since, have completely lost track of what has happened with this as the standing orders were set up to come out automatically. Last week I received a response to my request from DLC stating "we returned the account to Egg in July 2010, who have since ceased to trade. We assume that your account has been acquired by a third party company and we suggest you contact them". I have no idea who to contact about this now! Any advise as to what I should do next? If Egg have ceased to trade, then where has my £1 a month been going?!! Many thanks AM
  5. I am a landlord, I did think this might go into the lettings forum, however I think it could be a general legal issue relating to contracts. We have a joint and several tenancy agreement for tenancy due to start next month, students. (Downloaded from National Landlords Association so hopefully current. Note my LL NLA membership has lapsed but they do keep giving me free access to the document library as an ex member) One tenant wants to exit the agreement and has been very helpful in finding a replacement T. The other T's are happy with the new T so wish to employ a "deed of transfer" document, which I have used a few times before and have the latest version also from the NLA. My problem is that all the T's are scattered across the globe, until after the tenancy starts - Europe, Asia, Uk and Canada. In my work capacity in the past (EU funded research projects) I have been involved with collating signatures to contracts by sending the whole contract and asking the co signatories to sign their own copy and return, on the EU advice that this was fine and we just collated the signature pages of each contract to make a master document. I can easily get three of the 6 T's in the UK to sign the same document, but is it OK to get the others in Europe Asia and Canada to print out and sign effectively a separate identical document and scan and email back to me as per the EU research projects example above? I could wait but I am a bit anxious about the tenancy starting without this being fixed. Also the T's, new, existing and old want to get it fixed too as finding someone later on (ie a month after clearing) is more difficult.
  6. I am a landlord, I did think this might go into the lettings forum, however I think it could be a general legal issue relating to contracts. We have a joint and several tenancy agreement for tenancy due to start next month, students. (Downloaded from National Landlords Association so hopefully current. Note my LL NLA membership has lapsed but they do keep giving me free access to the document library as an ex member) One tenant wants to exit the agreement and has been very helpful in finding a replacement T. The other T's are happy with the new T so wish to employ a "deed of transfer" document, which I have used a few times before and have the latest version also from the NLA. My problem is that all the T's are scattered across the globe, until after the tenancy starts - Europe, Asia, Uk and Canada. In my work capacity in the past (EU funded research projects) I have been involved with collating signatures to contracts by sending the whole contract and asking the co signatories to sign their own copy and return, on the EU advice that this was fine and we just collated the signature pages of each contract to make a master document. I can easily get three of the 6 T's in the UK to sign the same document, but is it OK to get the others in Europe Asia and Canada to print out and sign effectively a separate identical document and scan and email back to me as per the EU research projects example above? I could wait but I am a bit anxious about the tenancy starting without this being fixed. Also the T's, new, existing and old want to get it fixed too as finding someone later on (ie a month after clearing) is more difficult. please answer here: https://www.consumeractiongroup.co.uk/forum/showthread.php?489232-Multiple-signatures-on-tenancy-deed-of-transfer-can-they-be-on-different-documents-and-by-email
  7. I check the mail for a friend who as been out of the country for some months, as is his motorcycle. He has recently been issued with a Charge Notice by Highview Parking at a Tesco. It states his vehicle is a white BMW with an 08 registration. These details and the Model stated are correct for his motorcycle. The Charge Notice gives photos of a car, an estate car, a dark blue Volvo, with an 06 registration - all other digits are the same. Clearly a "Robo" Charge for which no one at Highview has even bothered to look at their 'evidence' in their eagerness to gather cash and alienate Tesco from their potential customers, having obtained DVLA data without justification or proper reason. How best to deal with this for maximum discomfort for Highview/Tesco - and DVLA?
  8. Hi everyone, Ive had nothing but top advice when Ive previously used the forum - so here we go. I defaulted on my nationwide loan in approx 2010 - due to redundancy. Balance roughly 8k. Nationwide took proceedings against me and got CCJ for about 9k - enforced via a C/O that remains on my property. No payments being made as its interest free. I have had 2 loans in my life with them - 2nd was for 15k that paid of the last bit of my fist loan for about 8-10k I cant remember exactly. I have just had confirmation that there was PPI in these loans and nationwide are due to respond to me by 10/04. Heres where it gets messy... Nationwide are currently in the process removing the CCJ and charge because they never should have taken proceedings - due to them not showing interest on statements. They have advised once removed they can ask me for the initial debt but they cant legally pursue me (time barred now perhaps?) So I'm wondering that should I be successful with a PPI claim what are they going to do with the money - remove it from the balance ? Also here is a perfect example of why PPI was a rip off - I didn't know I had it and they sued me - they didn't say here make a claim on your insurance! I'm wondering if I should see a solicitor and if people agree does anyone have a recommendation in greater Manchester. Thanks for reading and advice needed please.
  9. I took out a £300 Loan with Provident a while back and, due to non repayment, My debt has been sold on to Lowell. Lowell contacted Me by phone to inform Me they were a collection agency and my Debt with Provident had been passed to them and stated over the phone that I owed them over £500. I immediately asked how this was considering My original loan was £300 and the agent said that it was 'fees' when I asked what fee's He claimed an agent had called at My Home (Never happened) and this extra debt was call out fee's for the bailiff. I asked the rep. for a full and complete itemized breakdown showing what every penny over and above the original £300 was added for and how the debt had grown. He responded by telling Me "We do not send out information like that I'm afraid, Sir" and I said "Well I am afraid I am not paying it then." He then tried to use the 'Data Protection Act' as His reason why they could not do this and I stopped Him mid sentence to let Him know that as an employee of SKY TV selling products (Boxes, package upgrades, Broadband and Sky Talk etc) I myself am extremely familiar with the Data Protection Act as I have to work within it's guidelines and rules on a daily basis. He put Me on Hold to speak with His Manager and came back to say "Sir, MY Manager tells me You are correct in that it isn't Data Protection that bars this being done, it's simply not company policy to send itemized bills on request." I then said "Well I could ring anyone and claim they owe me 4 Million pounds and tell them when they natural ask how and why, 'I'm sorry, I'm not obligated to tell you that. Now are We paying by Visa or Mastercard?" Put on Hold a second time and came back to say "Sir, We will post the itemized bill showing what the extra charges are for and when then incurred. Have a nice day." One week later I received My 'Itemized' Debt. "Dear Mr _____ Account Balance Outstanding: £300" They tried it on because they simply assume if they tell You 'We are not obliged to send you itemized bill showing how and where extra charges incurred' that I, the debtor, won't know any better. I just wonder how many people have simply complied and paid who may not have known any better.
  10. Hi everyone, It seems I'm not the only one being hounded by CRS on a daily basis. I was bought a gym membership in my own name (without my knowledge initially) last year as a Christmas present. It was my local gym at the time. I went to the gym for around 10 months before the gym were given notice that I was moving away from the area. They had a couple of months notice. My parents didn't send this recorded delivery as they never thought this would happen. A couple of months passed and I got a letter from the gym saying that I hadn't given notice - I had already moved at this point and my parents (who started the contract) received it. They were given notice once again saying that I had moved out etc. My "debt" was then passed to CRS who are phoning me several times a day. I have explained to Harlands that they have passed my details to a third party without my consent - I did not start the contract and I never paid a penny for anything in my name. My parents started it and paid it for me as a present. Harlands refuse to talk to my parents on the phone. Harlands also refuse to discuss anything with me as it "has been passed downstairs to CRS". From where I'm sat I'm being chased for a debt I don't owe. I didn't start the contract, I didn't sign anything and they were given notice (by my parents). CRS tell me that they will be sending letters to me if I refuse to speak on the phone. I've explained I don't live there anymore - so they tell me they will give the debt to their solicitor who will trace me and I'll be charged for it. Any thoughts guys? The original debt was about £75 I think and now we're at £280 ish...all "admin charges" and "penalties" of course. Thanks, LittleFanta
  11. Received 2 NIPs from different police forces after being caught by speed cameras, one in one force area, the 2nd in another force area. Was continuing a journey on the same motorway in the middle of the night, temp roadworks - unmanned - speed not excessive but over the limit, but each one was within the speed thresholds. One force offered me a speed awareness course, but the other refused and instead issued me with the more severe *Conditional Offer Of Fixed Penalty*, i.e. £100 fine plus 3 points. I did the course, cost me £76. I contend that the other force should not have issued me with the conditional fixed penalty and that both offences were only seen as separate because - unknowingly to me - the 2 speed cameras were in different force areas, even although I was still on the same motorway. Seems excessive punishment and a technicality is being used in order to deny me another speed awareness course offer, i.e. that only one can be done every 3 years. I've checked all the guidelines and the force in question has apparently breached them. I now stand to get a court summons because I've refused to accept the *COOFP* and would claim that both offences should not be separate but ought to be seen as one only. Seems like they want two bites of the same cherry? A tricky one where it seems as if their guidelines can't cope with my circumstances, so instead of either treating them as a continuation of the first offence, or taking no action, they seem hell bent on prosecuting me. Any thoughts ??
  12. Long one… I have worked for the same company for 16 years about 10 years ago I needed to borrow about £10k. I also borrowed other bits over the 3 years after but nothing since then. I had a good relationship with my employer and I was paying it back at about £100-150 a month. No interest on the loan. Think the total amount was £15k. There was never an agreement and I signed nothing nor did I ever enquire about the amount still owed, money was just deducted from my wages. In the middle of last year my employer died and the company was sold to another guy who has transformed the business, I didn’t really fit in after the changes so decided to leave last week. I had a call this week from the new MD saying I owed the company £14k and he wants It back straightaway or very soon after I leave. We did have a conversation about this money back in October and he said in the handover from my previous employer no history was supplied to what I had borrowed or paid back and that this amount was on the balance sheet with my name attached. He agreed to go and find all the info. Heard nothing more until this week when I handed my notice in. Currently I have 5 CCJ’s, no money and have no way of raising this money quickly. On the phone he was aggressive said I had 48 hours to come up with a plan. I asked if he managed to get the info I asked for previously and he said he had plus he has an email saying I agreed to pay £350 a month back in 2014. I never paid more than £150 a month. He hasn’t supplied me with any of this extra info and with his aggressive manner it makes me believe he may be bluffing. I would like to see a full breakdown to see if the amount is correct in the first place that I owe. Without that how liable am I for this debt? Any ideas on how to proceed? I know its a strange one but you guys here have helped me immensely over the years with my debt problems. I have a new job starting in March but won’t be earning much more money its just a nicer working environment.
  13. Any help would be appreciated. I am trying to establish whether my solicitor has acted negligent by not following the pre-action protocol in respect of a Disrepair claim which has now been settled, after 6 years of my local council denying liability under the OLA 1957. I had an accident during the period where liability was being disputed but my solicitor is claiming that he did not have the funds to pursue a PI claim but never advised me on this, and on checking the pre action protocol under Disrepair claim there is reference that would suggest that in any event, a claim for PI arising from a Disrepair claim could and probably should have been made by a qualified legal representative as the Disrepair procedure makes reference to a PI claim if an injury has occurred because of the disrepair, in this case a out-house flooded everytime it rained.
  14. Hi. my balance and available balance on my HSBC account is a difference of £42 and i have no idea what this £42 is. My overdraft limit is £600. My account at the minute reads £364.74 and my available balance reads £922.74. it looks as though £42 is coming out of my account. But i have no idea what this £42 is. And i haven't bought/ordered anything for that amount. And when i go into standing orders or direct debits it doesn't list anything worth £42. Just my phone contract and car insurance which is £50/£54. Any ideas? Thanks.
  15. Hi all, I'm in a predicament with 2 x sofas that I have recently purchased from ScS and would love your insight if possible. I ordered the sofas over the phone with the store manager and paid over the phone. I had, along with my daughter, been into the store that day to look at display sofas and had chosen a colour “ charcoal” by looking at a swatch. We wanted grey and decorated the lounge and re-carpeted (carpets from SCS too) according to a grey and lavender colour scheme. When delivered into the lounge the sofas totally look brown. We have a large window and a porch door that lets in light so it is not a dark room. I refused to accept delivery. I rang the Store manager who confirmed the delivery is what I chose and said that if I want to choose alternative sofas from ScS, I will be charged a 35% excess re-selection fee, which in this case would mean I would lose £429. This fits with the discretion cited in Terms and Conditions that Store Managers can use when customers cancel an order on sofas bought in store. However, the Cancellation Policy quoted on the SCS website is different for Cancellations and Returns and states….. "This cancellation and Returns Policy only applies if you made your purchase with SCS online, over the telephone, and via our website. if you have placed your ordering one of our stores, please refer to the Terms and Conditions on the reverse of your order.” Given I ordered theses sofas over the phone, including making payment, albeit to a Manager in a store , I would hope the policy from the website applies. I want a full refund. I don’t want to choose alternative sofas that will take 8 wks to make and deliver. I've included two images below - one of the sofa as it was delivered to my home showing the colour that appears to be brown rather than "charcoal", and a screenshot of the "charcoal" swatch that I was shown in the store that I placed my order based on. Tell me I'm not the only one who thinks this takes the biscuit? (I have images but the forum isn't letting me post them as a newbie... but they can be found at the following address:) imgur dot com/a/4h8Hi What are my rights in this situation? Thanks.
  16. Can someone explain me why on Experian I am only 73 points to have Excellent (at the moment i am good) AND on Equifax - very poor!!!I have the same info on both files, all correct, no late payments, no CCJ, correct addresses, register to Electoral more than 2 years . I cant understand the logic !!! I want do remortgage and at the moment I don't know what to do . The difference its ridiculous, any ideas why??
  17. I received a letter back in Oct 2013 advising I owed money from a Littlewoods/very account. I have never had an account with this company or their subsidiaries. The DCA (Arrow Global)said the original agreement was from 2001 and I sent the letter of no knowledge. I received a further letter in Feb 2014 advising the management of this account had gone to Scotcall and I immediately sent the same letter to them. No further letters until Sept 2014 From Arrow Global again chasing the same thing. I did not take any action. Have just received a letter from Capquest advising they are managing the account and they have also tried to phone. Do I send the same letter or is there a different approach I should now take. Again I have never had an account with company. Thanks for any help
  18. Hello, I will cut the long story and give just the basics. My car was taken into the garage with suspension problems. The garage diagnosed fault and after many problems sourcing and acquiring new part eventually replaced and fitted the allegedly faulty component. This had the effect of making the problem worse. It transpired that it was not a component failure but an electrical problem. The first garage was not able to carry out the electrical work so submitted to a second garage who specialises in auto electrics. After some time I received a message from the first garage that my car was finally finished and ready for collection from the second garage as they had managed to source and repair the fault. Since then, I have been having problems of a different kind but which I am sure are relted to the electrical repair. I am now finding that my vehicle is going into "Economy Mode" after only a very time. This is a mechanism to prevent the battery being depleted too much. It is happening after approx. 5 minutes of the ignition being on without the engine running, while listening to radio for example. More worryingly though is that it will kick into this mode on first insertion of the key in the morning after the car being parked over night from a journey of 25 / 30 miles. This was not a problem I have before the car went for repair. I believe that is linked to the work that was done on the electrical system I have made the original garage, who were paid for all the work including that of the second, aware of this issue with no feedback or response. What would now be the best course of action ?
  19. Hi, thanks in advance for looking at my post. Basically, in 2006 I took out a buy now pay later deal through land of leather with creation. land of leather told me i would be contacted when i needed to start making payments but never did. after taking out this deal i went through a rough patch after having a prem baby and becoming a single parent in the space of a few months with no job and was extremely depressed and i forgot about the sofa payments. the next i heard i had court papers, i contacted creation to ask if i could start making the payments asap and they told me i had to pay the full amount plus the interest i would have been charged or they would register the ccj. i couldnt afford to do it and the ccj was registed and a charge was put on my house. anyway, the house is being sold, its meant to exchange next week. my solicitor has contacted creation for a balance and it is 5139.19!! the sofa originally cost 1495 and i took a 2 year warranty 240. on my credit file under creation it states 3639 and they have logged every month since 2006 sustained arrears. i contacted creation to ask why the balance is so high, they told me it was now with drydens. i called drydens, they told me the 5139.19 is the balance creation had sent to them and they had never added any fees and didnt have a breakdown. i recontacted creation and i was given the balance of 3638.55 and they told me any other fees must be drydens adding them. i am so confused and neither company is offering to help me or give me the information i need. i am about to lose my buyer. please help me
  20. We have a leased car and received a PCN from Excel in September via our leasing company. The supposed contravention date was 08.09.15 the notice was issued 22.09.15 and date stamped by the leasing company as 28.09.15. We then received directly from Excel the same notice issued on 06.11.15 for the same contravention date 08.09.15. Unable to confirm that we hadn't bought a ticket in the car park (my son was driving) and against my better judgment, my husband paid the £60 fee. Today we have again received a PCN from Excel with the contravention date of 16.10.15 issued on 30.10.15 and dated stamped as received by the leasing company on 03.11.15. The 3cm x 3cm photographs on this notice are identical to the photographs on the first notice, although poor quality you can see the same outlines, shadows, clouds, reflections etc on them. On the date in question we were at work and can't have even been in the car park. What do we do now? Do they now see us as some sort of soft touch as we paid the first notice? Can we complain to anyone about this obvious fraud? Are we to expect a notice from them every month for the foreseeable future? Do they have longer to issue the notice as it's a lease car and they have to contact both the DVLA and the leasing company for our details. We would appreciate any advice. Thanks.
  21. On the 05/12/2015 Government considers adding council tax support to Universal Credit! Full story here >>http://www.publicsectorexecutive.com/Public-Sector-News/government-considers-adding-council-tax-support-to-universal-credit "Former MP and council leader Eric Ollerenshaw will chair a review on behalf of the DCLG to assess if local council tax support (LCTS) schemes are acting as a fair and effective system countrywide, and whether it should become part of Universal Credit payments in the future. The review will also examine how the reform of council tax benefit has been implemented and how it affects those reliant on this support". Although this is just a review at present it could become fact. I am just opening up a discussion in to this new matter and hopefully let the wider claimant know now just in case they make it part of UC... I can for see several issues with this in as much as follows: 1. If the Government do act on this and make the claimants responsible for paying their own CT, then giving them the money to pay it. 2. Since it often takes up to 7 weeks to get your first payment then you may already be in arrears by this amount. 3. If in arrears you could face the fact you could be taken to Court and a Liability Order (LO) issued against you. 4. If they do take you to Court and get an LO issued you may face a letter fee of about £75-00 5. Then if you fail to set up an agreement to pay they may add a further £235-00 to your bill. 6. I can see that in some cases where this can cause even more of a hopeless situation for some claimants. 7. There could be further debt issues and then all of this spiralling out of control! What can claimants do to stop this? Their only option could be is to save the amount and keep it safe. This just so when you go on to Universal Credit (UC) then you can pay your bill on time (CT) therefore not falling in to this horrible trap.
  22. On behalf of friend. Works in retail as shop manager in Wimbledon. V good at job and is considered best manager in area. Area manager want to move him to a struggling branch in new malden. He doesn't want to go. What are his options. Have asked him to send me contract.
  23. Received CCA from Barclays, however it is very different to others I received from the same bank. This Loan dates back to 1999, I have already successfully claimed PPI on this. Is this agreement reconstituted? There's no personal detail on the agreement. T&Cs very short. Do they not have to provide signed agreement as per my request? Big question though, can they enforce this agreement? How should I reply? Appreciate if someone can please help me with the reply. Thank you.
  24. My Husband and I have both received moneyclaim claims. One addressed to him and one to me, but both are the same case number. I have replied to mine as requested and assumed that this would take care of both? I am currently still in the process of sending in documents against my claim, but my Husband has now received a Judgement. How does this work with something which has the same claim number, but shows as two different people? It seems that the claimant will be claiming two lots of the amount due. I'm really confused and would appreciate some advice.
  25. Hi, last year I took out a payday loan with the company named "MyMate", unfortunately I got into a viscous payday cycle, and could not pay back. Since then, they changed names to "Different Money" and have tried contacting me, but only through either phone or email. Not physical letter what so ever. The phones I never answered, as it was numbers I did not recognize, and any txt they sent me would have come to my "spam" box on my phone. The same with my email. However, going through my email I noticed that different money had sent an email sending a "final warning" before sending it to their solicitors which they named "Alph Legal", I responded to that email saying it had appeared in my junk folder and did not notice it, but it was already too late, and I would have to talk to "Alph Legal". A few days later, I did get a letter, but not from Alph Legal, but from Douglas Wemyss Solictiors, they claimed an amount with the usual charges added, a nd said I should pay in full to avoid further charges or contact them within 14 days for reasons of non-payment. Which I did, it even provided me with a specific email address and not a phone number. However, I heard nothing in return. And now, I got a county court claim form from them. I talked to different money, and they happily set up a payment plan, but said they have accepted the payment plan, but it has to go through court most likely as it is with the solicitors now , and I would have to pay their fee..?? They are going to contact them tomorrow to clarify this, but surely this can be disputed right? First of all: They (Mymate/Different Money) never sent me a physical letter, only either email or phone. Surely you would send me letter if unsuccessful? Which means, I did not really have a chance to discuss this matter with them, I was not even aware that they had changed name! Second, the solictors did not get back to me, and I even sent a further email to them. Heard nothing. Different Money said they would check up on why this was, but still. Since they never responded, I assume my right and avoiding court could be within my rights here? They also have some really funny address on me, postcode is right, but wrong county and number on the road I'll be waiting to hear back from different money tomorrow, but if they say I HAVE to go through their solicitors, how do I proceed with this claim form? I don't want to pay their £60 court fee and £70 solcitors cost, and I also want to avoid a CCJ. Any advice please, I have 14 days left to respond to the court.
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