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Found 216 results

  1. Not sure if this is benefits or should be somewhere else. There is an outstanding debt to DWP for an overpayment which my relative had been paying off slowly for about 10 years. The relative died recently, and I am dealing with the estate. Within less than 2 weeks from the date of death I had quite a stroppy letter from DWP demanding immediate repayment of a sum about double what I had expected or alternatively providing detailed information on all of the estate's assets in a form to be returned within 7 days. Leaving aside the sensitivity of contacting me even before the funeral, I couldn't either pay them or provide the information they asked for in their time scale even if I wanted to. Are DWP even entitled to detailed information about the estate's assets or to demand payment/information so quickly? I was under the impression they were no more of a priority than the credit cards for example.
  2. Hi to all. I am going to try and keep this very simple and brief. I was sent a package/gift by my relative. So it was not a online purchase or any of that sort The item was delivered to my apartment complex via Royal Mail signed for service and was received by the concierge who signed for the item and made a log of my parcel and put in a delivery note via my letter box. However when I went to collect my parcel it had disappeared from a secure parcel room. I am not here blaming the concierge stealing the package all I am saying it just disappeared. I spoke to the building management and put in a formal complaint. I contacted the police also who could not do much at this point as no proof of who took the parcel. I wrote endless letters of complaint to the building management company of my apartment complex. Who ignored my complaint s and never responded. I then did a subject access request for the office log sheets containing the acceptance and delivery of my parcel even then they ignored and after my letter to management stating I will make a complaint to the ICO they sent me the documents. I then wrote to the CEO of the company and yet received no response. I had no choice other than to seek financial claim of my missing item via the small claims court. £ under 5000 claim. So The Small Claims court acknowledges my claim and gave until 1st of October for the defender the building management company to acknowledge and put in a defence to my claim. I rang the small courts/money claim centre on the 2nd of October who said they have received no information from the defendant however they are 5 days behind. i had to wait until 7th to find out if they had received any correspondence. I ring up on the 7th and yes they have not received any information. I sent in via email a request for judgment by default on 7th October, received the confirmation email, but again it takes 5 days for it to go through. The judgment by default was sent as the courts had not received any information from the defendant at this point of time. On the 8th of October I received an email from the defendants solicitor stating that there is no contractual relationship between me and the building management, and my particulars of claim are not clear, (I have been extremely clearly in my claim form) and that the claim is misconstrued and vicarious and that the concierge company is separated and are hired separately and in so many words saying it’s not them and trying to shift blame, followed by giving me 2 options, A)discontinue the claim B) agree to an an extension for the defence to allow them a extra 1 month to put in a defence C) And if I do not agree to a or B the building management company would file for a summary judgment strike out as the claim is vicarious. And giving me a 23 hour notice to respond via email only and to seek legal advice. Note I received the email on the 8th at 9pm and was given less than 24 hours to respond via email only by 3pm on the 9th of October. And the defendant will claim between £2500-£3000 In court costs and legal charges etc In a panic and surprise that having not any response up to date and all of a sudden a letter from a solicitor o sort legal advice and was told by my legal team to continue with the judgment by default. On the 14th of October I rang the court and was told the defendant on the 6th of October put in an acknowledgment of service but have until the 15th to put in the defence. So the judgment by default is not valid. But can put in another judgment by default if they don’t receive a defence. That’s the basic of what is going on. Now my question is can the defence claim legal costs via small claims? What advice and help would you suggest. What steps could you suggest I take as I am getting stressed out. Thank you and all response will be appreciated.
  3. 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
  4. Hi, I am new to the forum. Thanks in advance for any advice given. Student Loan Has Matured/ Full Payment Due within 14 days letter received from Erudio I am 45 years old and had taken out two student loans(95,96) and one (98) so under the old and new style loans. About 10 years ago I had arranged a payment plan (spread across all 3 loans) with student loan company (I think I was over the threshold to defer but was experiencing hardship). I had set up a standing order which remains in place to this day. When Erudio took over I received letter, calls , statements etc from them but have never contacted or corresponded with them in any way (just figured I am paying something towards the loan and was worried that if interacted with them in any way it would somehow trigger a new agreement or obligation, so just left it at that). I have recently received 3 letters within the last two weeks from them stating that my loan has now matured and full payment is due (aprrox £3600). Only after looking around on forums have I become aware of statute of limitations, but am I correct in thinking that my payment plan still running to student loans company constitutes acknowledgment of the loan? I believe that these payments continue to just beforwarded to Erudio (as I never signed or arranged for the payment to go directly to Erudio, only to the Student Loans Company details I had at the time). I’m wondering why there sending me letter so closely spaced, are they trying scare tactics to get me to contact them? I have other priority debts so do not want to pay this off if there’s a chance I could continue to do it over a longer period. Does it make any difference that I have not acknowledged anything to do with Erudio, accepted calls, responded to letters etc. Any advice is most appreciated. Thanks
  5. Hi folks, Yes bizarre, yet. I saw a job ad saying company is looking for a hospitality staff. Female preferred. I have all the experience they want and reference. No reply what so ever. The ad was posted on a website where companies people don't have to auth themselves. I did send my CV and cover letter to their official email as per their website. No reply. If it was someone prank they would of replied by now? I am thinking to bring this case to an employment tribunal. Copy of the ad exist in Google cache and some online archive sites. They also posted similar ad on another employment website. What do you think?
  6. Hi. I had a problem with a PCN from Indigo a few years ago and received excellent advice from here to "sit tight". Was successful. Thanks. However, we now have another similar case and someone told me that recent case law has changed things, so I wanted to check that sitting tight is still the right course of action. My wife parked at a Southern Railway station car park recently and used the automated phone response service to pay for a day's parking. Unfortunately, the regstration number used on the automated system was incorrect - one letter was accidently missed off. There was no windscreen ticket, so I assume control was by CCTV. We have now received a PCN from the PCN Admin Centre (29 days after the event) acting on behalf of Indigo requesting payment of £100. It's a "penalty notice by post notice to owner" quoting byelaw 14. In the time between the incident and receiving the notice she has parked there twice more, so I assume we will receive more notices in respect of these dates. So, should we just sit tight? Would it be better to write to Indigo explaining what the mistake was? They could check their records and see that they did receive payment each time. Also, I don't think the registration number used actually exists. Thanks for your help.
  7. I came to return my brother's car and parked on the suspended bus stop which had been closed due to Gasworks mains replacement. Below is my letter to Newham, I have appeal on 18th Jan 2019 and need some guidance. The PCN ….. was issued while the vehicle was parked on the Bus Stop on Plashet Road. Plashet Road was closed due to Mains Replacement work on Green Street. Stukeley Road had notices stating that it was closed from 28th July to 5th October. The works overran the above schedule and I wasn’t aware of its completion until after I was informed about PCN. My brother was replacing carpet at his home and had borrowed by Toyota Previa to dispose off old carpet at the tip in Jenkins Lane. I came on Sunday to replace the car, I parked his little Swift and drove off with my Previa. Later my brother found the above-mentioned PCN on his car and sent me a message. I accept parking his Swift on the bus stop as the bus stop was suspended since the start of the work, all buses were being diverted via Stukeley Road. Had the notices stated the correct date and if the notices were removed after the completion of the works I would have realised the bus stop suspension was removed and not parked the Swift where I did. I will appreciate if you will revoke this penalty as I didn’t park the Swift to cause any obstruction and nor was it intentional. I hope to hear from you very soon.
  8. Hi, my friend took NE to London to apply French visa for January trip. The bus arrived in London one and a half hour late because of the driver went to wrong direction (which is unbelievable!) She missed the time slot for French visa, and it is unlikely to apply visa anytime before January. (She has bought tickets and booked hotel already) I searched NE website regards of compensation, but there is not much information. She allowed one hour between coach arrival time and visa. Could she claim the foreseeable loss?
  9. Hi, I have a question regarding my credit file & 4 Lowell accounts which were closed as a "goodwill gesture" due to my ongoing mental health illness. Due to them constantly contacting me via telephone and threatening letters, I contacted them first email to request they stop contacting me via my telephone and also to try and setup some kind of affordable repayment plan to clear these accounts. I also explained my health circumstances and my very low income. They requested I complete a income/expenditure and some proof of my illness. I replied with my doctor's report and explained I will send a income / expenditure form once I have some advice from the National Debtline. One of the accounts was being administered by BWLegal who had issued a warrant of control which Lowell advised would be stopped and they would take over the account. A few weeks later, Lowell wrote to me to explain all accounts have been closed and no further action will be taken to collect any outstanding amounts. (Although they didn't inform the bailiff who turned up at my door and left a card, but having spoken to him he is now aware the debt has been cancelled, so all good) Should all these closed accounts (all equal around £1500 combined) be updated as "closed" on my credit file? Obviously I realise defaults / and the 1 CCJ remain on file for 6 years, but should the other accounts be listed as closed rather than as still active with there outstanding balance? (which they presently are) Lowell closed the accounts about 6 weeks ago, which did surprise me but obviously took a weight of my mind. Due my present circumstances I obviously won't be applying for any credit etc for some time, so I'm not too bothered about my credit file status but I like to make sure information on it is kept up to date nonetheless. Any advice appreciated, thanks
  10. 1 Date of the infringement 16/11/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22/11/2018 3 Date received 23/11/2018 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] y 5 Is there any photographic evidence of the event? y 6 Have you appealed? {y/n?] post up your appeal] n 7 Who is the parking company? Total Parking Solutions 8. Where exactly [carpark name and town] Heritage Retail Park, Crewe Received a 'Parking Charge Notice' this morning; cannot say we are surprised as we knew we had overstayed the allowed time and we have no reason to question the rules in place. The issue is twofold, firstly, are parking notices still largely not taking further by private parking companies, or have the laws changed. £40 seems excessive for overstaying by 43 minutes. The second issue is that my partner was using the car and she suffers from MS. Whilst visiting the nearby town, she fell ill, and whilst she didn't need any medical attention, she did have to sit in a cafe for 2 hours whilst the fainting past. The staff in there were incredibly helpful, kept checking on her and giving her food to sustain herself, so they certainly knew she wasn't well. The question would be, would one of these vulturous parking companies see that as a valid reason to cancel the ticket? I'm sure the cafe would confirm, though they are part of a massive chain so who knows.
  11. There is a very real risk those who are owed money by Wonga in compensation for having been lent money irresponsibly may be chased by creditors for this money, whilst losing access to the compensation to which they are entitled. https://www.msn.com/en-gb/money/news/wonga-compensation-claimants-may-lose-out-due-to-automation-plan/ar-BBPkdZX?ocid=spartandhp
  12. Government could pay out more than £1bn due to benefits 'shambles' The government could pay out more than £1bn in back payments after finding out that tens of thousands of people claiming sickness and disability benefits have been underpaid. Due to a "historic error" at the Department for Work and Pensions (DWP), 180,000 people claiming Employment and Support Allowance (ESA) have been underpaid and may be owed an average of £5,000 each. The blunders date back to between 2011 and 2014, when claimants were switched over from incapacity benefit. https://uk.news.yahoo.com/government-could-pay-more-1bn-due-benefits-blunder-152800162.html https://uk.news.yahoo.com/government-owes-more-1-5bn-152323666.html
  13. Hi, I have debt with a few different companies amounting to around £19k as a result of my company becoming unable to manage our cash flow. (We were bought down by several of our clients not able to pay us now the inland revenue are winding the company up.) The above aside I would like some advice on what I can do to manage the debt that I have built up trying to support the company which is as follows: Current account: - £2,600 over-dawn - overdraft limit is £3k Credit card 1 - £2,540 - limit is £3k Credit card 2 - £3,145 - 0% interest card for 18 months Credit card 3 - £3,320 - limit is £6,500 Also; A personal account with a joinery supplier to which I owe £7,800. So all in all about £19,405 and increasing daily due to living costs etc. All the debt I have above is from buying materials for the company, going without being paid for several months and not being able to pay my expenses for several months in order to support the company. (I also had £10k invested in the company that I have lost) and; The company's overdraft facility which is £25k shared equally between myself and my business partner. In order to get this we had to sign a debenture in order to personally guarantee it. I didn't include the above because I'm not sure if this needs to be considered for the time being, I guess that's question 1 because the revenue haven't completed winding us up so the account is still live and hasn't been frozen. My current personal circumstances as a result of this are as follows: I am separated from my fiancé and have a child with her that I obviously need to support and at the very least pay maintenance for. moved out and have been living with my mother for just under a year. no assets and no savings. (No car and certainly no house) no job and have not being paid for the last couple of months. The pressing issue I have is the account with the joinery company, which is question 2 My company had an account with them with a small credit limit so both myself and my business partner set up our own individual accounts as a way of extending our purchasing ability. My company's account is settled as is my business partners however mine isn't. As a result they issued a CCJ against me about 6 months ago because we were not able to pay it off. An agreement was reached through the courts and a figure had to be paid every month. As the company failed we couldn't pay this even. The court has sent me an interim third party debt order, the joinery company is seeking to get a court order to demand from my bank the contents of my account. Question 3 I guess is where I go with all of this next, I haven't got any way forward with any way to pay this off, and after years of sacrifice and going without I have come out the other side with less than nothing. I have done a little research into what my options are but I guess taking all of the above into consideration, what is the best approach: Debt relief order - for debts of less than £20k - although i'm now very close to the limit not taking the business's over draft facility so i'm not sure if eligible Individual voluntary agreement - If the above isn't possible perhaps this would work but would everything be covered in this? Bankruptcy - not ideal for obvious reasons.
  14. Help needed on lowells fastrack 14th sept '18. lowells are chasing me for £15,500 for a non secured lloyds loan. i defended a lowell ccj in northampton ccbc via mcol and aos, i have received notice of assignment but not deed of assignment, lowell are going for the jugular and i have had enough, not just of lowell but the depression i am suffering is stopping everything but work and worry. I have redacted copies that will give details of everything and my poorly advised (i think but not sure) fast track response denying debt which I'll upload either in pdf or jpeg format as needed and an other info prior to the upcoming case. needing best advice available on cag in the final stages please. jazz.
  15. Hello all, Posting on behalf of a work colleague. Have passed them site details and suggested they register themselves. The person in question works as a cleaner for a third party company who have a contact with our business. Our business is part of a much larger group who are currently restructuring. As part of the restructure, our business is moving from its current facility to a new shared site along with other parts of the organisation. For this reason our contract with the cleaning company is due be terminated. This now leaves the cleaner, who has 8 years service at this site, all be it possibly with differing cleaning comapanies. By this I mean that although the contracted agent has maybe changed it has always been the person holding the position and performing the duties. They have essentially moved with the contact. They have now been informed that once the closes they are basically redundant. It is also being claimed they they are not entitled to any redundancy as it not them, her employer (cleaning company) who are making them redundant but us as we the ones moving site. No other positions are available for them to be relocated / transferred to. What are their rights in this case ?
  16. am a newbie to this wonder if someone can help me ive been fighting a PCN with harrow council since last year, had my informal appeal rejected and then was sent a NTO ages ago where I restated the appeal and didn't hear back, until a few days ago when I received a rejection letter dated in june which meant I was already out of time to appeal in 28 days. the reason for the lateness seems to be that they thought my company name was my surname and spelt it wrong, so the address was a generic campus/site address and therefore must have gone into a pool before it was redirected to my specific pigeon hole (please note the address is correct with the dvla - its just the council that have made the error). so in a massive panic, I lodged an appeal online with the reference number given and stated that the reason I was appealing late is that I didn't receive the rejection paperwork until now due to this error in address. However, ive looked up the pcn online and it looks like it may have already progressed to charge certificate (just because of the price) but I ahvent received this either -maybe this will also come late if they have made the same mistake with the address as with the NoR. the question is was it the right think to do to lodge an appeal late (the website says you can appeal late if u state a valid reason and I thought not receiving the NoR was a valid reason but I may be wrong) but now im thinking maybe I shouldn't have done that and should have just waited for the next stage to file a witness statement from what I read on here? however the problem I have now is not that I never received the NoR but I received it too late because of the councils mistake in my name/address. So if this does progress what box can I tick and also ho long will the tribunal take to get a result - am worried that the council will continue to progress the charge while im waiting for the appeal result. help please!!!!!
  17. CAN ANYONE WHO READS THIS PLEASE GIVE ME SOME THAT IS CORRECT AND FACTUAL BECAUSE I HAVE TO HAND IN MY DEFENCE FORM AND EVIDENCE TO THE COUNTY COURT TOMORROW. This is something I think everyone should read as it may help you defend a sec 21 and eviction. I will give as much information a possible without it becoming to long to read or confusing. I will refer to the Landlady as She or Her. In August 2017 I moved into a self contained unit in a house that had been converted to 6 flats each with electric meter, bathroom, simple kitchen unit but still classed as a self contained studio. She did not take a deposit to avoid depositing it. Even the kitchen and bathroom had been converted into flats. as it had been done a few months before the other 5 tenants and i had moved in there was a lot to been done yet the landlady still demanded the £800 monthly rent. In addition the electric had been sub metered and we/I were have not been given a top up key or card we had to give Her £10 every Sunday and she would use a disposable prepaid card then tore it up so we could not read what was on it. She was charging us 20p kwh day or night. She put the heating radiators on when it got cold in December and put it on a timer to suit her as she was paying for it. I noticed that the extension at the back had walls that were not straight and all partition walls had no insulation. Heating the place got very expensive costing Me £40 a week. That suited her very well that she gave every tenant an electric blanket for Xmas . All the other tenants praised and thanked her saying she was the best landlord ever. OK I WILL EXPLAIN VERY BRIEFLY By now it was clear that getting them to report her to the council would be futile so I did it myself in January. They told her and she gave me a section 21 as tenancy was 6 months. I read it would be invalid if name was spelt wrong and she put a O instead of A. I had broken my leg badly mid January at work so was off for the next 6 months and being self employed the council now paid my rent. BTW....4 other tenants all on ESA and taking illegal substance paid for by tax payer. I thought council would take action but nope. I lived in a hostile place but they slowly came around to listening to me when I showed them how she was robbing us. It was only 30 June 2018 that a enforcement notice came from the council stating no planning permission and illegal use as flats that has to be rectified within 4 months of the notice. I thought finally they took action even though very late. 11 July an eviction notice is put under my door saying I had to be out on 19 July. Seems she had had a tenant get all important mail so I did not even get the defence form. i text her and asked where all that information was and she just replied i have until 19th. On 18th in went to court with a few photos of the place and n244 to stop eviction and give me a hearing and got one for 20th. On the 19th she came to the house and thought I was out I could hear her shouting to a tenant in room 6 above me as I am 4, asking why he didn't tell her I went to court etc. I ignored them and did my research for hours trying to find something to help as I knew the wrong spelling would not be enough when she tell court a lie that I got all letters from court. I was up all night and went to court for 10am and she was sitting there looking all confident. what I did was to tell the judge that the sec 21 was invalid because the EPC she gave me was not valid as law state every self contained unit must have its own EPC. she must pay me £200 and face a fine of 5000. I went on to say the GAS cert she gave me was also invalid because it has a Beko gas stove test results in the kitchen....OPPS, there is no kitchen in the house or gas stove, I went on to say the law says if she sub meters electricity she can't charge more then what she is paying the supplier and if she did she is to pay me back double plus the bank of England interest rate (needs better explaining I m writing fast as its getting late) she charge 20p and at times was paying 10p. The Judge had to look up everything I said for 30 mins then came back and told her I made my case the sec 21 is cancelled. She did say anyone can say they didn't get the defence form and he explained that when I got the eviction notice I contacted her and took action in taking evidence to court, And that did not make a difference because my EPC evidence is water tight. She kept insisting about the defence form so the judge said he will give me the form and other docs and I should file my defence form in 14 days which is tomorrow. to make things worse she offered me £500 to move out as she needs the property empty to do the work and I turned it down. She turned my electric off this past Monday saying she was changing the meters. Yet I told her I was doing my evidence for court and she kept it off all day. My question is can counter claim and ask for the £920 paid in electric, £200 for epc, my time and expenses gathering evidence and the stress I been through in the past 2 weeks or do I have to file separately in small claim court? I also want the court to award me an amount that will get her to know she is not above the rule or law because she has 12 other tenants living in the same type unit as I and just yesterday she tried to rent flat 1 that got vacated when she gave a sec 21 because he spoke up to her Thank you for your time.
  18. I have recently found out that someone has applied for a credit account with JD Williams on my behalf. They had filled in the online application form with my Name, Date of Birth, a random London address and claimed I had just moved there from an address 4 years ago. Now, with every credit application I have ever made, from a Loan or Credit Card to a mobile phone contract, there has always been a process of verification to confirm I am infact living at the address given and who I say I am. These searches show on my credit report as soft searches as they were used to confirm my identity. If I apply for any credit accounts soon after moving, I struggle myself as the verification processes fail until my existing accounts feed the updated info back to the credit reference agencies. My concern with JD Williams and the 12+ other sub sites they operate is that there is no identity check performed and from a search online, a lot of people are having the same issue as me, many more finding out when a debt is passed to a collection agency and the victim is found. I am 100% confident that JD Williams do no due diligence checks prior to processing the Hard Credit Search which adds the new linked address to your report. If they did attempt to check my identity electronically before processing the credit application, it would have failed as I was not known at the address supplied. The concern I have is that a fraudster can easily manipulate someones credit report without needing to verify anything, not even your email address. The company generally offers very high APR rates of 50%+ so I would assume this is targeted at those with bad credit histories and its likely most people are granted credit. I have reported to the FSA & ICO but they suggest that action would only be taken if they receive enough reports. I just feel not enough people are aware of why they were victims of fraud so easily because anyone that knows you personally and where you live, can easily order products on credit under your name and they dont even need to have any communication sent to your actual address.
  19. I have recently returned from Cuba, it was a fantastic holiday that was only spoilt by a loss of 2 days. When we booked it we was due to fly to Havana, Spend a couple of nights there, then fly on to Cayo coco, using an internal flight. Spend 14 nights then fly back to Havana for an overnight stay then Havana to Gatwick.. The internal flight time was 45 mins. 3 days before our holiday we were contacted by our holiday company stating that because of a recent airplane crash at Havana they would not be using any internal flights.? Which is fine, safety first etc.! The holiday company said that they would be giving us a private car and we will be driven to our destination. It was a taxi. I asked how long this would take to which they replied ' oh about 4 hour's.? There was no other alternative offered. The journey from Havana to cayo coco took 8 hours...! With the same again on the return. We basically lost 2 days due to travelling. Have I got a case for some compensation?
  20. I recently entered a contract with an estate agent called Remax signing on the 21st of March 2018 due to the failure to get one visit booked within the first week whereby there was 350 online views and a failed attempt to cooperate with another estate agent to work together in selling the property. I didn’t hear from the agent in a week and he didn’t respond to a message I sent him asking for an update. Hence, I decided to cancel and go with another agent. This is the wording from the contract: If you are a consumer client and this contract was not agreed within our premises you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day this contract was agreed. To exercise the right to cancel, you must inform us of your decision to cancel this contract by sending us a clear statement in writing to: RE/MAX Right Step, 1b Hall Lane, London, E4 8HH or emailing us. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you choose to cancel the agency agreement, you will be required to pay for the services supplied prior to cancelation, such as For Sale boards, advertising, property particulars, Energy performance certificates etc. Where we introduce or have negotiations with the ultimate purchaser of the property before you exercise your statutory right to cancel the contract, this contract will be deemed to have been fully performed and the agreed agency fee would be due, notwithstanding that cancellation took place. Is this legally right given he was notified on 1 April 2018? Thank you
  21. A friend has received payment from MBNA for a miss-sold PPI policy. The advice slip attached to the cheque invites a telephone call to their offices, should there be any queries. This in spite of a notification letter, received some weeks earlier, stating that “This is our final response to the complaint” and referring the recipient to the Ombudsman Service, should the refund not be deemed satisfactory. If MBNA are granting telephone queries, would they not similarly accept written queries? Secondly, I have attached MBNA’s calculations by which they arrived at their refund and would be grateful if someone, with more experience than I, would be kind enough to examine those and give us the benefit of their advice. The credit card was provided circa ten years ago and has been steadily operating with a constant debt just shy of £3000, since then, with only minimum payments being made, each month (if that helps). Thank you. MBNA_PPI-Responce1of2_EDIT.pdf MBNA_PPI-ChequeAdviceEDIT.pdf MBNA_PPI-Responce2of2_EDIT.pdf
  22. in October 2016 I've started a 2 years contract with Vodafone but after half a year I couldn't keep up with the payment and didn't pay since then. I do plan on getting rid of the debt once I'm fully back on track, I can't afford it at the minute and hoped I still have some time before any legal action can be taken. Recently I started receiving letters from Lowell Financial Ltd, headlining with "Pre-Legal Assesment". Do I have to be worried about any legal action? My Vodafone contract ends in Oct 2018 in theory. Are they able to file a CCJ even if they bought a debt of a contract that is not even brought to an end? I have read many other posts where people come with contracts that are 5-6-7 years old, and I'm here wondering how worried should I be about this letter. See the letter below. Thank you in advance.
  23. Hi! I am new on this forum and would love some advice/guidance in what I can do. Here is the back story where the dates become quite important: I own a council property, and have done so for many years. SO set up to pay service charges to council every month of £88.96. This was setup in March 2011. Any under payments were always taken care of by a cheque at the end of the year to bring account back in line. Fast forwarding to 2017, the council have found that there was non-payment of SC between the period Jul 2017 to Dec 2017. And in light of this period of non-payment, the council also found that there was non-payment between Aug 2016 and Dec 2016. The council have said several letters were sent to my correspondence address (different to my rental property), but I never received any of the letters. If I had, I would have made payment as the funds were there. as a result, council took action in the form of legal proceedings to recover these payments. And subsequently, a CCJ was issued in June 2017. However, the court paperwork/summons were being sent to my rental property by the councils' solicitors, despite council providing my correspondence address (I have email confirmation council even admitting to this). So I had no knowledge of the CCJ in the first instance. Only last month, my family and I were trying to buy a house and upon doing credit checks, I found this CCJ to be in existence, 6 months after it had been issued. I contacted the council, who have said that they investigate and found payments were being made - by my bank as a SO ( bank statements also show this) but there was no payment reference attached to the SO's in order to correctly attribute any SC payments to my SC account. Monies were being held in a suspense account. All those 10 payments for the 2 periods above, were to have been received just without a reference to payment. I immediately, contacted the bank and asked what on earth happened and opened a complaint and told them I have received a CCJ. They investigated, and advised me that: in Aug 2016, previous SO (Mar 2011 to June 2016) was cancelled and a new SO setup in Aug 2016, just as when the arrears started. no reference was put in place when new SO was setup. I only went to the bank on Jan 10 2018 to put this in place. In light of the above, I never have gone to the bank to change any SO details because that bank account was only in relation to rental income and outgoings. there was no reason for me to go and change any details/payments of something I had in place since Mar 2011. But the main question is, what on earth happened between Jan 2017 and Jun 2017? As far as I am concerned, the council received payments with reference; which is what I asked the bank. They could not confirm nor deny this was the case other than a payment reference being put in on Jan 10 2018. Sounds very bizarre. Both the council and bank were not helping in the documents I wanted. There I did the following: Under SAR - from the council, I requested all info held on me regarding the CCJ as well as bank ledger showing payments being received by the council with payment reference in the middle period and not both periods either side; AND Under SAR - from the bank, I have asked the bank provide detailed info of all my SO's between Aug 16 and Jan 18, as well as any proof of documentation me making a change to my SO back in Aug 2016. Both are still pending and should be received no later than 2nd April 2018 under the statutory time limit. And any arrears outstanding were paid immediately by cheque to bring SC account back in line. However, my main question is, who can I claim for compensation - either parties or both? And for how much? is has left me in such a pickle because I lost a house in the process to purchase and to buy a car on finance for my business. And my insurance will be soon come for renewal which will undoubtedly be affected. Council have admitted the blunder, but not apologized, and have got in touch with their solicitor who admitted liability and will be bearing costs to take CCJ off. Do I have a claim directly against solicitor or do I have to go through council as ultimately, its their client...? As a side note, I have started a complaint through council complaints procedure, which is at stage 1 - decision of first investigation to be made by March 19th 2018. I have also opened a complaint with bank which recently closed because they were offering a mere £350 then £500 as compensation, to which I declined. Only because it felt like they were trying to close the complaint as quickly as possible in order to just satisfy my problem. I am not done with them. Sorry for the long winded post but wanted to cover everything. Any help/advice or guidance will be greatly appreciated. ​​​​​​​Jay
  24. I have a summons to appear at magistrates court on the 2nd May relating to a case innappropriate for the single justice proceedure. I have a prostate and bowel condition which has flared up and means that I constantly and unexpectedly need the WC. Does anyone know if I can get an adjournment ? and the proceedure needed
  25. Hi all I'm in a bit of a dispute with Virgin media at the moment... I pay for landline & broadband with them since April. I was supposed to be getting 100mbps, and I am only about 20-30ft away from their cabinet. They even laid new cable to my house, fitted new connection boxes and phone socket. To begin with speeds were ok. But for the last couple of months they've been dreadful. They haven't fixed anything, I'm paying for a 100mbps service that is on average giving me just 14mbps... For the last week I've been taking screenshots of those speeds and saving them on my computer, tests have been run each day at various times from afternoon to evening... But even at 2am this morning it was still just as bad. I stream a lot via netflix and amzon video. My tests via speedtest and netflix's one speed checker (fast.com) have shown that on average my speed is 8-9 times slower than advertised. My tests indicate that my speeds are not even fast enough to stream 4k conten... which is the main reason I signed up for it in the first place. I'm getting a degraded service. I feel like I'm being ripped off, but am locked into a contract until April 2018. What can I do to get out of it early, is the fact that they're providing such a poor service enough to claim breach of contract?
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