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  1. Firstly a bit of background. I have a secured loan with blemain finance (we all make mistakes:-x) It was taken out in may 2007 and is for £10K also it is cca regulated. They have added over £4K in charges in just 2 years, I have requested the charges back and after lots of letters i have they're final bog of letter. so i am now debating whether to take then to court for unfair credit agreement or go to the fos, i have phoned the fos and they have taken details and sent me out the forms to carry on with my complaint,but as yet i have not sent them back.so i have all options open to me and some advice in which way to go would be appreciated. Also i have a suspended possession order after they went for repossession, now the thing is i think when they took me to court they first sent out a default notice, but i think that it is non compliant and would like a second opinion,and some advice on how to deal with a suspended position order that they got on the back of a dodgy default notice. my issues with the default notice are a]That they didn't give me 14 clear days to rectify. b] No specific date to remedy (they say 14 days from date of letter) c]The paragraph saying that if you dint understand this then seek advice from CAB is missing the following is word for word what it says on the default notice and the only date on the notice is at the top of the page. 1] To remedy the breach you must pay the total arrears of £xxx within days of the date of this letter. 2] If the action required by this notice is taken before the 14 days, no further action will be taken in respect of the breach. 3] if you don't take the action required by this notice before this date then the further action set out below may be taken against you. 4] FURTHER ACTION: on or after the date shown above we shall apply to the court for an order for possession and sale of the mortgaged property. so any advice on how to proceed with this would be greatly appreciated and thanks for looking. welshperson (from bridgend:-))
  2. Legal rights when dealing with debt collectors For more information : - Australian Competition and Consumer Commission Australia - Dealing with Debt and Fair Practices.pdf Before Printing the PDF TIP If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following: Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out). Note: This will save you Ink & Paper
  3. JHi, and thanks to all those who contributed to my other thread in respect of ESA, the help has been greatly appreciated and I would appreciate any same kind advice on my PIP Tribunal was has now been listed and will proceed in a few weeks time. My initial reason for the Appeal has been based on the time it took the assessment, (approximately 14 minutes) and this was for two conditions, physical because I have a heart condition and for my mental problems which are secondary to the heart condition, PTSD, anxiety and depression. During the examination, the assessor just repeated the same questions that l had provided in the questionnaire and no physical examination was carried out, giving the time it took as opposed to other assessments that I have taking , it was as if the decision was already made before I walked in there, the assessor was and in theory just going through the bare minimal motions which I feel is unfair and not to mention the fabricated report which if true would have taking the assessor about 45 minutes to an hour to conclude what he concluded which was a complete pack of lies in all honesty, my wife who cares for me was at this assessment. I feel and this is purely based on previous assessments and not just an assumption that I was denied the right to a full and proper assessment which every claimant should have any rights too, have I got grounds?, thanks
  4. Hi there CAG family, hope you are all well? I have been going through some paperwork for relative and are trying to reclaim old PPI from a Sky card, now owned by B/C. I have collated all PPI amounts and entered onto a spreadsheet I used from previous claims. Barclays have responded and although they state they have included compound interest, it appears to be way off. They have calculated PPI premiums together with charges and the compound interest amount added is closer to 27.29% of this total. This does not come close to the spreadsheet total (correct interest as per statements). They have then added 8% statutory interest (this value includes extra 45 days simple interest) which totals more than the compounded interest amount above! Surely that can't be right? The account was closed due to LVA which has also been fully repaid and settled. I maybe using the wrong spreadsheet for my calcs as the account was closed. It has been many years since dealing with these calculations and i'm confused, would appreciate your thoughts.
  5. My husband and I recently moved out of a small 2 bed-semi that we rented for 5 years. The landlady did the check out with my husband - taking almost 3 hours. She pointed out a number of things she was no happy with in terms of cleaning (if there was a slight mark/spot that had missed it meant we hadn't cleaned it at all and it was filthy etc) and reluctantly my husband agreed to £100 'cleaning' bill - signed the check out sheet, as did my landlady. She sent it through to the DPS but due to no internet and started new professional jobs we didn't see it before she cancelled it and decided that she wanted to keep all of the deposit. Her reasons for keeping all the deposit kept changing as every time we told her that it was unreasonable/not true etc she'd come up with a new reason. She's the sort of landlord who would get fixated on one/two thing(s) regardless of the truth and convince herself it was the case e.g. she claimed that we put the (mainly empty) boxes on the unboarded areas in the loft - we told her that we hadn't and asked her to look, she replied with well they were the last time I looked - they hadn't moved since we put them up there! She also mentioned the additional wear on the carpet of the bottom 2 stairs. I told her that this was how it was when she rented it to us and that she had even written it on the inventory - showed her and she mumbled something in disagreement - has now decided that 'more wear on lower steps' is referring to a non-existent stain! This is despite her inventory being OTT compared to others I have seen (i.e including garden wall, electrical grate coverings etc) guess my main questions are: 1. What would be considered the average lifespan of a mattress (1000 sprung double)? If there are marks from the metal bed frame, can she claim that it is no longer fit for purpose and therefore claim? She says it was £377 and should last 8 years and therefore is claiming 3 years. She told us she always gets a new mattress after she has had long term tenants hence why we had a new one as the previous tenants had been there for 4 years. 2. The sofa has about 5 threads pulled on the back corner which have been fabric glued back down but leaves v. small gaps over an area about 6cm x 4cm. It also has a patch on the arm from where the vanish cleaning product made it slightly darker (she requested it was cleaned and we stopped after we saw that it wasn't doing anything and making it darker). She is claiming these things makes it now longer fit for purpose and therefore is claiming for it. She doesn't have an invoice and on starting the tenancy she told us that it was an old sofa but still very comfortable which is why she has kept it. She says she bought it is 2008 but I'm sure she mentioned that it was about 8 years old when we moved in in 2012! The inventory states it was in fair condition (as opposed to her good, v.good, excellent or new that other items are). She said that it was £800+ but using the figure £600 and states that on average it should have 12 years lifespan and so is claiming for 3 years (£150) Thank you for any help anyone can give.
  6. Hi hoping someone can offer some advice please ? we have/had to sell our home all monies have been paid in full to mortgage company they really gave us a hard time and were causing too much stress to carry on with it. I am now after pursuing them for all charges that they have charged us over the years what charges can we claim back we had a joint mortgage account do we both need to do a SAR or will one in joint names suffice any more advice would be appreciated. Thanks in Advance
  7. There is now an All Party Parliamentary Group (APPG) on Fair Business Banking. I know from the years that I have been on CAG that many have found themselves in dispute with their banks and when it comes to SMEs in this position, there is really nowhere to turn. The FOS is of little or no assistance and the legal route is usually financially impossible. That is where the APPG comes in and is working hard to change things so there is a level playing field. Here is a link to the APPG site http://www.appgbanking.org.uk/ The APPG site tells how you can become involved and it is also currently asking for case studies for the forthcoming inquiry. Here is a link to that: http://us15.campaign-archive2.com/?u=4db7ef3d08358a0aafbe5f312&id=e9e076cf4e My particular case revolves around LPA Receivership which has been discussed extensively on CAG and this is one of the many areas the APPG is looking into. If you require any further information, please contact me through CAG. Thank you, Joan Keeley
  8. Basically I have put in a complaint against ebay for an item that I sold to clear which was marked for parts or not working and no refunds accepted as ebay are siding with the buyer and told me to start a return (buyer is non uk resident) however I have responded with an appeal against the decision and a formal complaint. Also this has incensed me so much I have decided to put a petition down if anyone wants to sign it to make ebay treat sellers fairly and stop siding with the buyer to prevent [problem]mers (which is what this buyer is). https://petition.parliament.uk/petitions/179807/sponsors/4dLn9AywqqgsvIT0cBcs If anyone could sign it hopefully there will be enough to make parliament take notice and start taking ebay to task...
  9. Hi , I heard a legend about something that happened to a friend of a friend: They were stopped on British Rail allegedly without means to pay and intent not to pay, They changed address. Summons Letter went to the wrong address They missed the court date. (A month ago) Only recently. the occupant of previous address notified them of the letter. They have been advised to do the following steps: 1. call the court ask for Statutory Declaration to re-open the case. 2. This will trigger an interview to decide on re-opening and they will be asked for their plea.. 3. Do not submit a plea - but say they want to get legal advice. 4. This will adjourn the case ? This is the bit where the story gets cloudy - does it sound right ? Now its adjourned, they can petition , plead with the rail company to settle out of court and avoid a criminal record? If the rail company refuse then they get one of these 'fare dodger' specialists to help mediate for out of court settlement. Hows that for a story?
  10. I was surfing as normal and came across a very new code of practice from an LA in this case Halton Borough Council (HBC) dated the 17/05/2016 I have briefly read it and seems rather fair although at this time it is in it's draft format. Thoughts anyone? Link here >> http://councillors.halton.gov.uk/documents/s32725/Code%20of%20Practice%20draft.docx
  11. A bit of a strange experience today. I had to wait about 45 minutes for a train, I thought that I would do that inside the station concourse as I usually do. I decided to wait near some shops inside, all of which were closed. A security guard approached me, told me that he was closing the retail section of the station and asked me to move on. I did as instructed and, headed for one of the waiting rooms. After entering the gents, I noticed that he had followed me in there. He didn't seem to use the toilet. He just stood there watching me. I left and sat down at a seat in the waiting room, planning on getting some work done on my laptop, only to have him stand in front of me staring at me. I asked him what his problem was, but he didn't reply. I left the waiting room, hoping that he wouldn't follow me, but he continued to do so. I asked him to leave me alone, at which point a British Transport Police officer walked by and asked what was going on. The security guard told him that the station was closing and that I was refusing to leave. I explained to the BTP that the station was still open for over two hours as I knew the time of my last train home. BTP then asked the security guard if I had been asked to leave the station, to which the reply was 'Yes'. I explained that I had been asked to leave the retail section, not the station, and that I had done as instructed. At this point the BTP asked to see my rail ticket. I showed it to him and he claimed that it was invalid. I claimed that it wasn't. The dispute was then taken to a revenue protection officer, who decided to issue me with a penalty fare as, despite the station I was at being the station I had to change at to get home, the ticket didn't permit me to wait inside the concourse for 45 minutes. Apparently I should have left and stood outside the station before returning to catch my train. My ticket was confiscated and I was left with a long walk home. I'm not really sure what to make of this as three members of rail staff appear to have got it all horribly wrong. What can I do from here though?
  12. Hi, I bought my parents a UK coach holiday and, as they're both pensioners, travel insurance which included cancellation cover as both have had illness in the past. Unfortunately, a direct family member became ill a week before they were due to travel and they decided to cancel the holiday and visit her instead. The family member sadly passed away 2 weeks later. The insurer sent out claim forms, these were completed and returned along with a death certificate which was required. Last week, the insurer wrote back requesting additional evidence for the deceased, namely the completion by the deceased's GP of a long winded complicated medical form? The cost of which, needless to say we have to pay. Is this fairly standard? Or, is it a ruse by the insurer to find a way to avoid paying the claim? If it was either of my parents that became ill, I could understand a medical form being required, but for a family member?? Thanks for your help, any advice would be appreciated.
  13. First of all, I feel so ashamed of what I have done, I have developed a massive anxiety issue and am finding it hard to eat and sleep, let alone step foot on public transport. Im absolutely terrified of what might happen so any help will be truly appreciated. I graduated from University two years ago, although getting good grades I have struggled to find a job, I'm in massive debt and am still stuck in my overdraft. Despite this I plan on working and taking a masters so I can proceed with a career. Im also doing fundraising for charity which I love, and need to travel to other countries to complete my sponsorship. I know if I get a criminal conviction all this will end and my life will be over. Im so upset, please help me. So ill start from the beginning. My boyfriend has epilepsy and has a freedom pass which he never uses I started to borrow it about 5 months ago, although I didnt quite realise how bad it would be if I got caught. I also carried around a normal oyster card for the days when he would need it. I entered the underground and swiped his pass, when I got off the tube I was stopped by the officer, when he asked to see my card I then gave him the normal oyster. He said it was invalid, in minus credit and had not been used for several weeks. He took my details, card, where I got on the tube, and asked how I got on. I just said I walked through. I couldn't even understand what he was saying and had a full blown panic attack. I do suffer badly from asthma and did forget to take my medication in the morning which led to me feeling light headed and short of breath which really didnt help. I have now got a letter from TFL asking if I want to make any comment on the situation and that I could be summoned to court and face a criminal record. I have never done anything wrong in my entire life and always try to help others. I don't believe how stupid I have been and it now looks like I have destroyed my life by doing what seemed like such a small thing! Once again, Im so scared of what might happen and Im such an idiot! Please help me x
  14. I have VTd my car and paid up to the 50% However, they are trying to claim a further £200 from me for a torn seat (which was there when we bought it and is a common fault) and some scratches that are hardly anything to be concerned about on a 2008 car. I have disputed the claim but they are saying it's up to me to prove the scratches etc were there at the time of purchase? Is that correct? The garage who we bought it off have agreed with us about these things being there at the time of purchase and have said they will back us up but if the car finance don't accept that where do we stand?
  15. My husband has filed N1 form against his mortgage lender for unfair charges after they rejected his initial claim. We have received a bundle from them last week followed by a threatening letter yesterday saying charges are fair and he would be liable for their costs if he does not discontinue his claim by a deadline given. What does he do next. Should he continue with the claim or write a letter to reduce the amount of initial claim and what case law can he prove to back up his rights on this. Thank you in advance
  16. This has to be the best budget in decades. Labour may claim some of it was their idea, what rubbish, they don't have copyright on the few similar words that were used.
  17. Hi there, I hope this is a good place to put this question. Long and short of it: I was offered a season ticket loan which has been paid out of my salary each month. I am now leaving my employment on (until now) good terms. There's approx. 3 month left on my season ticket loan. I have asked to pay the remainder back via standing order over the remaining 3 months to make it manageable. I asked on the 8th June. I received a response on the 22nd saying the following (I've 'anonymised' the email, and rounded the monetary figures to the nearest £5 for anonymity as well.): Some other factors: 1) I never signed any documentation regarding the above loan 2) This will leave me without salary for 2 months 3) I've considered the option of getting a refund on my season ticket from the train company and use that money to pay my employer back. However - because of how the train company sorts discounts I wouldn't be refunded the full amount, so would be out of pocket by at least a few hundred and, more importantly: I know from my partner getting a refund recently, the train company can take as long as six weeks to sort out the money back. As such, not only would I be without a train ticket for a month and have to find MORE money for travel to London, I'd still have no salary for living/bills etc. So that's not really an option. If they deduct my salary in the above mentioned way, it will leave me in a situation of substantial hardship. Am I able to do anything? I'd be very grateful for any help!
  18. Hi, at the end of March my elderly parents (85 & 80) visited a caravan show. They saw a mini camper van for sale and my father was quite interested. He had a vision of being able to use it to take my mother, who has terminal cancer for days out. The van was on sale for £23,999. My parents looked around the rest of the show and on their way back as they were approaching the stand were they saw the above mentioned van the salesman had sign with a reduced price of £19,995. In parents words "he told us he was reducing it for the show" My father was attracted by this and signed up to purchase the vehicle and paid a deposit. They did not really have a proper look around the vehicle and salesman didn't offer to show them any of the features or how things worked. The van was on display with the beds made up so my father didn't even have an opportunity to sit in the vehicle. Both my parents need the aid of a stick to walk. Originally my father agreed to part ex his caravan but later decided to withdraw this as he felt he could get a better price. As the vehicle was un-registered the company selling insisted that the balance was paid before it could be registered. My father paid the balance and waited to hear from them. Communication from the company has been poor from the outset. Eventually they confirmed a date for the delivery of Friday 8th May. On the day of the delivery my father had a telephone message to say that they could not deliver because they had not received all the paperwork back from the DVLA. My father contacted the seller and left a message to say that if they planned to deliver the following week he would not be available Tue - Thurs as he had to take my mother to hospital each day. By the following Thurs (14th) he had not heard anything so with his permission I contacted the salesman to find out what was happening. Everything was now in place so a date of 21st May was agreed for delivery. The van was delivered and immediately on inspection my parents & sister noticed a number of defects, scratches, rust etc. On the sales document the vehicle was ticked as being new. Other things transpired that they were not aware of such as the fact that the engine was under the drivers seat. The procedure for elevating the roof very complicated. During discussion with the salesman it was claimed that the vehicle was sold as a demonstration model, something that my father claims not to have been made aware of at the time of sale. On the basis of the defects found my father rejected the van and it was taken back to their premises. After taking advice from Citizens Advise we wrote to them claiming that under the Sale of Goods Act 1979 the vehicle was not as described and not of acceptable quality and demanded a refund of the full amount paid. My father received a very angry response this week claiming that the vehicle was clearly marked as a demonstration model. It suggested that we had accused them of high pressure selling tactics - this has never been claimed in any communication with them. It also claimed that the defects found were minor and that the vehicle is of acceptable quality & fit for purpose. As a gesture of goodwill they have rectified the faults and they are asking him to make arrangements to collect the vehicle. Advise from CAB is that we write back and say we are not satisfied with their reply but I don't know were this will get us. Could we have any claim to cancel the contract under the "off premises contract" regulations? Sorry this is a bit long winded but any help will be most appreciated as this is causing the whole family a lot of stress with both my parents being ill with cancer. thanks
  19. When i signed on the 1st June, i noticed a small (half A4 size) notice about a Jobs Fair the day after (2nd June), anyway, i signed on as normal and was just about to leave when i asked about the Jobs Fair, he said it was mandatory, and i left... ...the thing is, he made no attempt during the signing to mention about it or give me a "direction" letter, and because of this i completely forgot about the Jobs Fair the day after. Can i still be santioned for not going, i thought they had to give you written notice of it detailing the penalties for not attending, all i had was just an unofficial verbal notice (well basically him saying "Yeah it's tomorrow at 10.30", he had to ask someone else if it was mandatory)...does this make it a verbal contract, don't think he put anything about it on the system. I would've attended if i was given proper notice, but because i'm scatterbrained, i genuinely forgot about it.
  20. Earlier this week I did something really stupid, I attempted to get out of paying for a train and what's worse I did it on the way back as well. I have read as much information as I can on this site and another and don't hold out much hope. I got through the first time but on the way back I was stopped by a Revenue Protection guy and was found out and even more stupidly told him that I was on my return journey. What I am really worried about is my folks finding out since I live with them and have no where else to go. which would probably mean homelessness. I am disgusted with fear, can't sleep, and need help. I feel I have no option but to admit guilt but I am really hoping that I deal with only the fine and not the prosecution, as I have been unemployed for a while now (not collecting benefits) and with a conviction don't hold out much hope. I am currently dreading the mail coming through the door and what it might say. I am not looking for sympathy as I deserve none, but want to know what my options are and the likely outcome. Seriously anybody who is thinking about dodging the collectors forget it, it is not worth it. I am currently looking at prosecution, a fine, and a criminal record (which while I feel is over the top is what it is) My intention is to plead guilty, as I don't see any option (please correct me if I am wrong) As for what I want if somebody knows anybody or has a contact (phone number or e-mail please pm me) in the prosecutions department please let me know, as I am desperate. Also what is the likely maximum amount of money a 1st timer (yes I know I tried to do it twice in one day) would likely pay, as I am currently living off the money I do have. Please don't do what I have done.
  21. My partner's Brighthouse. 2 accounts, totalling £6.37. Missed a week's payment. Charges of £11. That comes under the description of unfair charges as it exceeds the amount of payment missed. Manager utterly refused to remove despite the fact I've had previous charges removed for saying they're unfair (and before anyone says, SAME store). But then again this is the same store that had a manager signed OSC removal form and never removed it....
  22. I recently wrote of to akinika to settle a debt I have with them, I was a little cheeky and asked if they could reduce my debt by 70% (previous debt companies have done this with me in order to settle my account quickly ) instead of paying £212.21 I would pay £65, they sent me a letter back saying this is "not acceptable, however our client would accept £180.37" They have also asked for a breakdown of my income & expenditure which I have typed up for them, after I have paid everything out (rent, council tax, gas electric) I am left with £0 a month. I am currently a full time carer for a parent which I have stated in the letter so for now (due to being made redundant) I am not working and my income is all accounted for. What action can they take now ? I physically have no money to set up monthly payments to them, I am only able to pay the £65 as a family member is willing to pay this for me, but due to them being retired and on state pension they can not afford to give me £180. Can they take me to court ? If so, does the fact that I offered to make a settlement payment count in my favor ? How much should I have offered to pay them ? Any key information that I should add in my income & expenditure letter ? ** This account is for JD Williams for a catalog** Thank you
  23. Hi, I am in a bit of a long running situation and would really appreciate some advice. My situation is an extremely long running affair and I will try and summarise where possible in order to get to the point. I bought a 2.0D Nissan Qashqai with extended warranty for £9500. The car was 4 years old and had only done 32000 miles. 11 months after buying the car and only doing 6000 miles in it, it broke down. We returned the car to Stratstone Honda where we had bought the vehicle from, they spent 5 weeks attempting to diagnose the issue by replacing several parts in the vehicle linked to the fuel system. They could still not get the car to work when they gave up and sent it to a Nissan dealership. The Nissan dealership also struggled to diagnose the issue and presented a quote for £11,500 to fix the car. This was rejected by me and they requoted for £1200 to attempt to diagnose the issue (with no guarantees). I rejected this and at this point we found that there was a potential mileage discrepancy on the car. This was investigated by Trading Standards who have effectively put it down to a previous admin error and advised that I should pursue the garage for the standard of the vehicle as they thought I would have more luck. At this point the Citizens Advice Bureau advised I should get an independent engineer out to provide a report. This has now been done and below are the observations and conclusions that I would really appreciate your input on. In my opinion (and I know I have blinkers on at this stage) I do not feel that such a failure can be considered fair wear and tear on a vehicle this old and only done 6000 miles from when I purchased it. Do I have a leg to stand on. Thank you Observations: As instructed, inspection was carried out in order to establish the cause of the engine not starting and check for possible diesel fuel contamination of the injector wiring. I would confirm the engine would not start. Diagnostic fault codes found by the current repairer, "Bristol Street Nissan", indicated electrical circuit failure to all 4 fuel injectors as being the cause. Initial inspection of the engine found no visible cause or evidence of fuel leakage. The repairer then removed the bolt on injector cover from the cylinder head. This exposed the fuel injectors and wiring. The entire surface of the cylinder head under the cover was heavily coated in carbon and diesel fuel leakage. Heat from the engine had baked the fuel leakage turning it into a solid crust of carbon and tar deposits - see attached images. The fuel leakage had also contaminated the wiring connectors to the injectors which would explain the diagnostic fault codes found. Conclusion / Opinion: Having inspected the vehicle in respect of the reported concerns I would advise; The cause of engine non-starting was fuel and carbon contamination of the injector wiring. The extensive presence of burnt on fuel, carbon and tar deposits indicated that fuel leakage had been occuring for a considerable period of time prior to final electrical failure. The area of leakage was enclosed under the bolted and sealed injector cover. There would have been no visibly detectable evidence of leakage. If it was present at purchase it would not have been noticed during normal pre-sales checks and servicing as the area is hidden without dismantling. It would not have been noticed during any possible MoT test done. It was not possible to be specific as to when the fuel leakage first started. However, evidence was conlusive that it must have been present for some considerable period of time, as stated above. It was not a recent or sudden failure.
  24. On march 11th i got my new statement Credit Limit £250 Balance on March 10 - £245.51 Interest - £ 7.45 Total £252.96 Overlimit fee £ 12.00 New Total £264.96 minimum payment £21.90 to be paid by March 28 On March 28 i paid £22.00 by bank transfer so new balance should be £242.96 Looked online to see if they had the payment and it was credited to my account on the 28th BUT on the 26th they added another £12 overlimit fee so the new balance is £255 Can they add a charge twice in a month? Surely charges should only appear on the statement (due April 11) or is this just a case of getting people into a spiralling debt
  25. http://www.dailymail.co.uk/news/article-2532236/Outrage-hundreds-drink-drivers-named-shamed-Twitter-BEFORE-theyve-chance-fair-trial.html This appears to be causing quite a lot of controversy
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