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  1. Hi Peepz Firstly, new to this forum so Hello to all. I need some help & advise. I had my daughter tablet, a nexus 7 2nd gen 32gb covered for accidental damage for the past 4 years. Last week she put on the side of the bath to use the toilet and it fell into the bath which her mom had just ran for her, She is only 6. It caused the tablet to become water damaged, nowhere on the knowhow's policy does it state anything about water damage. What is more annoying is that it is called whatever happens & they state "mishaps & accidents do happen" but when I used my cover they have rejected it & returned it back to the store. The engineers report has said it could be neglect & that I have to write to head office, which I have but I'm not holding my breathe. What I need to know is, is it worth me trying to take them to small claims court to repair or refund me my money or am I just wasting my time? I have done some reading I know you cant use FOS as these big companies have some sort of get out clause. Will it just cost me too much & take too long that it won't be worth it or do you think I have a case? How can they say a child deliberately did this or it was neglect? it is a very grey area, how do you define neglect? if it's caused by an adult then I can understand but then a child doesn't have that state of mind to even think it. Any advise is appreciated The tablet cost about £225 new about 4 years ago or shall I try watchdog or trading standards etc... really angry that I've paid them all this time for a worthless cover thankz ice
  2. Hello everyone, I'd really appreciate some help with a claim form that I received this week. Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 05 JAN 2017 Date of issue 05 Jan + 19 days ( 5 day for service + 14 days to acknowledge) = 23 Jan + 14 days to submit defence = 6 Feb (33 days in total) - Correct Think these dates are correct. What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. Monies due under current account account overdraft. The Claimant's claim is for the balance outstanding under a Bank account facility LLOYDS BANK agreed to maintain fir the Defendant. It was a term of the Bank account that any debit balance would be repayable by the defendant in full on demand. The defendant has failed to repay the amount due. The debt was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 1100 What is the value of the claim? 1100 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Current account When did you enter into the original agreement before or after 2007? Account was opened in 2001 but not sure what year the overdraft was arranged. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably, I'm not sure I don't recall Did you receive a Default Notice from the original creditor? Probably, I'm not sure I don't recall Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? Following a relationship breakdown in 2010 I was unable to maintain repayments to creditors. I entered DMP with Payplan 2011 but due to health problems in 2016 and a reduction in income I was no longer able to maintain DMP payments and the arrangement ended. I set up a reduced agreement with my creditors but missed this one. What was the date of your last payment? March 2016 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes DMP arrangement was in place until March 2016. Ive looked through the forum and began the acknowledgment of service (defend all) and I've got my CPR request letter ready to be posted. the bit I'm not sure about is the I intend to contest jurisdiction tick box. I'm not sure what this means and should I tick it or not? Thanks
  3. Hello, I am completely clueless and dealing with other stressful situations on top of a collision a couple of days ago. Other party's fault and my car is not worth fixing. I was asked to send in photos of car for evaluation purposes. Other party's insurance company offered to settle the case too. What do i have to look out for? I've read something about paying out premium. I have no idea what that is and I don't have time to deal with this as there are other very urgent pressing matters in my life. I was told something on the phone about my premium and no claims bonus not getting affected. Also I will have to keep the car and have it fixed from write off money as I had a former damage to the car that never got fixed and I won't be paid enough now to buy a new car. Help please!
  4. Hello Was hoping for some insight or advice on my situation. I've just checked my credit report and have found two sets of "beneficiary trace enquiries" made by Erudio Customer Management Ltd. The first ones were in mid-march against my current and previous address. Then again two months later in May, also against my current and previous address. I have read up and found out Erudio bought the old style students loans. I do have two of these. One from 1997 and then another for 1999 which has been treated as a separate account by the SLC, but must be linked as the only reason I got the '99 one was because I had started on the old system. The last correspondence about these loans was in 2013 when I applied to defer them in the March, which was confirmed in April 2013 by the SLC. This correspondence was to my old address. Then I have an annual statement from SLC dated September 2013 sent to my current address. I have not had any contact with Erudio so hadn't realised my loans had been sold. I've looked into what a beneficiary trace enquiry means and have read on the internet that it is used to trace people who have moved address without informing their creditors, however the last statement from the SLC was sent to my current address so don't know why they would need to do this, as I have kept the SLC up to date with my contact details. Also I am confused as to why they haven't made contact with me after carrying out these checks if they were searching for me. In normal circumstances I would just sit tight and wait for them to contact me but I am in the process of buying a house and am worried if this will affect it. I have checked all my credits reports and cannot find anything other than these searches. However I am scared in case between exchange and completion they put a default on my credit file, the mortgage offer gets withdrawn and we lose the deposit on the house. I have also read that they do 'backdoor' CCJs, so that's now another worry if they only have my last address could they be putting a CCJ on their without me knowing. Is there anyway I could find out about this if they were, other than waiting to see it appear on my credit report? I have a good report at the moment so would be gutted if they knackered that up for me. Not sure what is the best option. I don't want to contact them and offer to start paying as I fear extra outgoings I didn't know about when I completed my mortgage application might make them withdraw the offer. But then I don't want a default or a CCJ to suddenly turn up and have it withdrawn then, especially if its after exchange and my partner loses all their deposit money as well. Any advice on what would be the best approach, or what Erudio are likely to do next after carrying out these searches would be much appreciated. Thanks for taking time to read this.
  5. Hi, I received a letter last week for a ' Local Compliance Telephone Interview'. The call will take place in just over 2 weeks. The letter says the telephone interview has been arranged because your circumstances may have changed and we need to ensure your payments are correct. On the back it says i need my bank statements at hand and any savings or pensions (which i don't have!). I rang the women who will be doing the interview to change my mobile number as it was wrong, i asked her what the interview was for as i had never heard of it. She said "its just to check your getting / on the correct benefits." Since googling i have seen so many stories of the LCO being part of the fraud team, i haven't commited any fraud but its still worrying me as to why I have this interview! I have had an issue with housing benefit that i have been overpaid (roughly £135) which isn't my fault it was my housing associations fault, could it be to do with this? It is sorted now though i went to sort it out last week. I also rang income support to tell them about a part time course i will be doing and i asked what a local compliance interview was and he said its the fraud team!! Sorry for rambling on. Any advice to put my mind at ease would be great, seen as i have to wait just over 2 week!!! Thankyou.
  6. Hello all I get ESA CB Support group and recently posted my ESA50 reassesment. I am worried that if I am asked to attend or even if I manage to get a F2F at my home and due to my Bowel issues I am unable to attend or even if its at my house and I am stuck in the bathroom and I am unable to answer the door and he or she leaves. Now what happens then? I know they will send me a letter and asks me for good reason I did not attend, but then what if the same thing happens again if they make a new appointment? and again? Will they eventually end my ESA claim? and then would I have to appeal to have my ESA reinstated? and if I win my appeal to have my ESA reinstated would I immediately be requested to attend another ESA assessment? OK well if that doesnt happen what if I was being assessed and was unable to continue after even a few seconds, would the assessor class that as non attendance? or how would that work? and how would I appeal if this happened and I was removed from ESA? what would be the process? Thanks all in advance"
  7. Hi Could someone tell me what happens when one of two business partners dies? My friend's husband (I'll refer to him as K) died in May and he was in business with his sister, running a café. The partnership was not a formal one - ie no agreements were signed (I know - WHY?!) but K did pay a sum to his sister to "buy in" to the business. K died intestate (again WHY?!). As you might imagine, this is causing a whole host of problems for my friend and I'm trying to help her unpick the knots. My friend believes that her husband's 1/2 share of the business is part of his estate (which is in the hands of solicitors). My friend believes that the business should be valued and sold, with funds being split between the sister and K's estate. The business was put on the market before K died, but overpriced and has not sold. The sister refuses to bring down the asking price. The sister maintains that if a valuation is required, then the probate solicitors should arrange it and pay. The probate solicitors don't seem to be addressing this issue and are being extremely slow. My friend is concerned that the sister is continuing to run the business as though nothing's happened, and is taking all the profit. She could engineer the accounts to appear that it is making a loss and therefore of no value for the purposes of probate. The sister has continued to run the business, and obviously take all the profits. This strikes me as unfair and surely K's estate should have either 1/2 the business value or 1/2 the ongoing income. It could not be both, so the same should apply to the sister, surely? When a partner dies, is there a requirement to sell the business? Any advice would be massively appreciated Thanks
  8. Hi, I have a Tomlin order against myself. It was "agreed" literally just before a trial in the small claims track. The court itself had lost an application I had made, despite having the receipts to confirm delivery. As a result, my witness statement was potentially ruled inadmissible. I had started the claim for non-payment of an invoice for work I carried out. They put in a defence and counterclaim, which itself was late and I got a default judgement against them. They managed to get my default judgement set aside, by some fluke, even though they took two weeks to apply, didn't attempt any form of emergency filing and the court didn't receive a fee nor a form from them. They were represented from the outset and I was a litigant in person. The job itself had an element of fraudulent misrepresentation to it (directors who were not directors, but were directors, the company having a parent company - used to bring us on board - that was not a parent company, claims of more work when there was none etc.). I decided not to pursue that at the time (which looking back now, was probably a mistake). Throughout the case, the other side made false declarations of truth and indeed, made evidence up long after (some 6 months after) the claims they made in their defence and counterclaim. However, on the day, they then brought up a technicality and to my horror, the court had no record of my application for relief from sanction! I have the receipts form the court and they lost it! This was fatal! This led to me having no choice but to sign a Tomlin order which was very one sided, even though their counterclaim was frivolous. We had a Barrister (direct access) who, as excited as he was originally (as far as he was concerned, it was not lose-able) literally flipped on a coin and exclaimed that I really didn't have much choice. So I sort of agreed!? The Tomlin schedule included confidentiality clauses and comment on opinion. Previously, I had alerted a number of people about the company and their practises and the Tomlin order required I remove those. So I did. It is all gone. Yet, they are now claiming some third party, who has never been part of the claim, the proceedings or anything else, has violated the order!?! Despite there being no relationship, no content, nothing. It is literally a random's twitter feed. They are also now claiming that the content that was there, is still there. They have provided the content without a date stamp. I suspect they have kept a copy on their own hard disks locally and are reprinting PDF's of the content. Hence, they are again fabricating evidence. This is a technical point, which is the concern my barrister had at the time. His view was the judge would not understand the technical aspects of our case and thus, would rule against me. Now, I've got content to prove their fabrication. I'm not too worried about it, since as long as I can present it to the judge, I am pretty sure we'll be fine and it will expose their lies too. This time I have a solicitor and due to these spurious allegations, it may well be I am going to be subject to an enforcement order and have to go to court (incurring more losses). They have been harassing me and my solicitor for the best part of 2 weeks to boot multiple times a day. I would really appreciate knowing what happens during such a hearing (indeed, I hope that we do get a hearing - I don't want them to apply "at liberty" and get an enforcement order with no notice to me). The fact we had to settle on a Tomlin, without payment of our outstanding debt, under duress, given that I didn't really consent in the regular way (the court ushers got us back into the court room before I said yes) meant the original evidence, which included their initial fabrication, was never heard. This has been their game all along. Never let the evidence be seen or heard. They can claim what they like. It is still on the court file and I still have a copy of the very large bundle (due to us having to rebut literally every single paragraph of their counterclaim and also rely on evidence to rebut every line of each of their witness statement, which contained what I can only describe as an organised, collective fraud). They are fabricating more now and I want to make sure the judge sees it this time as we now need to realistically consider criminal charges (though I appreciate such applications to the attorney general via the court are hard to achieve). I don't use these terms with the exact legal meaning, as they of course, have not been seen by a judge yet. Despite being in black and white. There is no ambiguity! They have been vexatious litigants all the way through this. Any advice will be gratefully received! What was the most obvious case, has turned into an unmitigated disaster! I am aware of case law around some evidence created long after the event in GB Holdings Ltd -v- Short [2015] EWHC 1378 (TCC) that might be applicable. Though of course, that was a much larger claim than a small claim. Thanks
  9. Hi, My OH has been informed that for 11 months now she has been overpaid via her work, coming to about £1200. She has been working extra days to pay back the overpayment but was wondering what happens to the extra Tax that she paid on this amount, and if she can claim it back how she goes about doing this? Thanks JJ
  10. I've done some reading but it's hard finding the answer. Since private companies can't fine you, what realistically happens if you just ignore them? Do they have any mechanism for forcing payment? I understand they could sue under contract law, but what are the odds of that?
  11. Dear all, I got caught in Primark shoplifting yesterday. I don't condone my actions obviously and I'm sorry for what I've done. Now my question is what happens next? I was brought to a back office where my bags were searched and I cooperated as much as I could. The guy in the office gave me a piece of paper to fill in my details e.g. name, school, address. I was not told to sign anything. After I filled in my details he insisted I call someone to have my address verified if not he would have to involve the person. My friend managed to verify my address and he told me I was free to go. Before I left however, he told me that I was now banned from Primark, and he gave me a notice from RLP. I was never given anything to sign, and after that I was allowed to leave. My questions are: 1. Am I banned from Primark? He did not tell me for how long, and I did not have to sign anything, nor had to have my photo taken. 2. I've read from the forums that I should not respond to any letters from RLP, other than the first letter whereby I should tell them I admit no liability whatsoever. Can I just ask how long will RLP usually chase me for payments? I will be grateful for any replies, thanks!
  12. I hope someone can help with the below. This is all new to me and it's making me very stressed! I was involved in an accident a month ago. This is my version of events. I drove down a slip road then joined a dual carriageway. Shortly after this I overtook the car in front. I checked mirrors and it was safe to change lanes. As I was moving into the lane I felt a collision take place. Looked in my rear view mirror and saw a car behind me. They have damage to their front passenger side wing (small car). I had a scuff on my rear driver side alloy (I have a 4x4) but no actual damage to my car so will not be claiming. In my opinion they were not in the lane when I started the manoeuvre. I have said I assume they were in the same lane as me but then we both moved to overtake at the same time. The driver of the other car was very young with a brand new car. For him to come out of knowhere I think speed was a part of it but insurance said they are not interested in that. Initially I was told any claim would be a split claim. Now I have been told the other party have said it was all my fault, I drove into their lane etc. My insurance company are saying that it will go as 100% my fault as its up to me to make sure it's safe to pull out (I did the lane was clear!) and the other person was more established in the lane based on their version of events. There are no witnesses or cameras. I have said I do not accept 100% that it was my fault. I've been driving for 18 years and I guess I'm lucky this was my first accident and lucky my kids were not in the car. Also a lesson learned is to to have my dashcam turned on as I had unplugged it! I just want to know what happens now? Do I have to accept this? How does it affect my renewal (due soon!) if a claim is 100% my fault or say 50% my fault? Thanks for any advice in advance.
  13. my mum recently passed away this month with cancer , but a few months before this a family fued began and really really honestly i have no idea why . at the time of the fued i was away on holiday with my wife and children . when we returned home all our numbers where barred by family ,plus any social media sites . my children ignored by my brother ,sister and nephew etc . as to the point my mother passed away on the 8th of january , not long before this she had christmas dinner at my house ,with me and my family (wife kids) and told me she didnt have long left . she also at this point tried to offer me all her savings , i flately and completely refused any of it , my thoughts were if there was anything i would prefer her grandchildren to benefit from it .(i know how much there was as she showed me her savings account book) on recieving the bad news about my mum i immediately called to her house , only around a hundred yards away . i was devastated , to the point of a mild heart attack and a gran mal fit . my sister immediately took over everything (she was next of kin ,but upto this point work was her priority not mum ) a very good freind of my mums asked if his bank book was around (mum saved it for him) that was found but what was also found is that mums handbag had been emptied completley of everything . i was furious ,upset ,angry ,suicidal . i could not beleive how low my family had become in an instant . i phoned her building society and ordered a stop on the account as i beleived someone was going to access the money , luckily there policy is once accessed by a 3rd party it cannot be accessed again for 30 days by a 3rd party. since mum died , no one has contacted me family wise to update me on anything and i have heard all arrangements via 3rd parties . i even found out funeral times and date via facebook believe it or not i do not want to rock the boat so to speak but i know in my heart this is not what my mother would want . i do know someone tried to access my account , an old halifax one i let my mum use to pay her cable bill . i dont have the card it dissapeared along with the other things from mums handbag , so i have cancelled the card . from a legal point of view , what access does my sister have to this account its a saving account ,i know the funeral has been paid from it ,there is no outstanding bills at all only credits for gas ,electric ,water etc, i really dont care if i get a penny of it ,mum was a single parent and would have starved herself to feed us when we were younger , it just feels like i am been pushed out for there benefit , every other sibling (3) has a key to the house ,but not me . and non speak to me or my children . would i be a bad person to try to take action to stop anything been taken from the estate without been notified first please help its driving me insane .
  14. We all know that after six years any default on your Credit File is (or should be) automatically removed irrespective of whether or not there is a balance owing. If after six years the default is in fact removed from you Credit File as it should be, but you are still paying an agreed sum back every month, what would happen if you stopped paying this? Can the creditor issue another Default as there is not one showing? Can the creditor use legal action against you, considering there is no Default showing? Any comments would be greatly appreciated.
  15. Hi, I just learnt that the Legal Service Commission was closed on 01 April 2013, so what happens to the Statue Charge they had put on my property. They have not demanded anything from me in past, but I made some payments in July 2012. Does the debt move to new Legal Aid Agency? Or could the charge be removed from the Land Registry? Any information regarding this will be much appreciated.
  16. after having received a CCJ even though i believe the debt to be statued barred (thats a whole nother thread) i looked up my credit record on experian and check my file. Im a little confused, it seems some accounts that i have not made payments on for at least 2 years up to 4 years are not showing as defaulted. Now am i right when i say i thought any account should be marked as defaulted on a credit file 6 months after last payment made or acknowledgement of debt. Why have the creditors not defaulted them, Im guessing its so they cant say the debt is statued barred in 6 years. Here is my thinking in a example below, am i right, is it legal. Should i just ignore it until i know the debt is statued barred. £1000 Debt where last payment was made in 2005 Debt not marked as defaulted until 2011 Not technically statued barred until 2017 but should have been statued barred in 2012
  17. Please help.. [with ref to a thread of multiple debts here - http://www.consumeractiongroup.co.uk/forum/showthread.php?256212-Credit-Card-defaults-since-2005-now-got-SD!!&p=3412047#post3412047 ..been quiet for a long time and then out of the blue today a hand delivered letter a Statutory Demand.. ..it was taken to my daughters house.. ..apparently they have been sending letters there every week as she has the same initals as me. ...she has just ben binning them thinking they were junk mail but today the guy knocked their door and my son in law didn't know who the guy was but told him my address so he came here and hand delivered me a SD which gives 18 days to reply ....on looking at the date ...the date on letter is 12 Aug so that gives me till TOMORROW....what do I do?
  18. Hi there, I had a Barclaycard I thought had been defaulted with the CRAs back in 2009 due to a Notice of Default I had received. Barclaycard actually added late payment markers '6' for over two years before closing the account and selling on to Cabot. I have spoken with Barclaycard and I think they are going to agree to a retrospective default. However, I am arguing this should have been in May/June 09 when they first send Default notices and applying default sums to the account. They are saying Oct 09 is when their records showed the account was regarded as a defaulted account. Obviously if they do this and it is May they agree to then the account would be 6 years from default and should be removed entirely from my file, correct? But what would then happen to the Cabot entry? It is the same debt but they are reporting an arrangement to pay (albeit they haven't shown the diminishing balance of those payments since 2011). I have already written to both Barclaycard and Cabot and the CRAs complaining. But I want to know how I go about and if the Cabot entry must come off once the Barclaycard default 'falls off'? Thanks
  19. Can anyone please advise what happens when a claimant dies and they have a vehicle paid for by the higher rate of mobility on the scheme? Obviously, the vehicle has to be returned but I would like to know the timeframe in which it should be returned. Thanks in advance
  20. Hi, I did some mystery shopping a few years ago, so declared myself as 'self-employed'. I didn't think I had to do a tax return for 13-14 as I didn't actually do any mystery shopping, that year so I was hit with a 100 pound fine. No tax was owed. I'm a student who could really do without this, I'm not even a proper 'self-employed' person! I appealed and it was rejected. On my letter, it says there is a 5 percent penalty on an unpaid payment 30 days, 6 months and 12 months after the due date. So if I didn't pay the penalty for 12 months, is it correct that I would owe around 115 pounds? What if I still didn't pay? I used the calculator on the HMRC website, but that only applied interest to the actual tax bill, which would be 0 in my case, not the penalty, so I'm confused.
  21. I live in a council house and have a secured tenancy. I'm a single parent with one child, the other 2 have left home. When my youngest is 18 can I have her put on my tenancy agreement, in case anything ever happened to me, she wouldn't be homeless? or is that illegal?
  22. Hello, this is my first ever post!!!! I am looking to clarify some information i have heard please if anyone can help. I got into and am still in a big financial mess due to long term ill health and not being able to work. I had 13 credit cards and 4 bank accounts that all defaulted about 2 years ago. They are with all the main institutions... Halifax, RBS, MBNA , Barclaycard, HSBC etc. I have standing orders set up paying them all £1 per month, as advised by the debt charities i spoke to. All have frozen interest and charges, and have not sold on the debt due to my ill health. This is what i want clarity on please: 1. After 6 years, I understand all info relating to those cards disappears from my CRA files, but what happens to any debt still left unpaid? Does this just get written off? Clearly at the rate of £1 per month, in 6 years, only £72 will have been paid off of each card! 2. is it a good idea to continue paying £1 per month for all this time? Thanks you all in advance.
  23. A subject that we receive a huge number of enquiries about concerns a credit card (or debit card) 'chargeback' and whether bailiff enforcement may recommence. A year ago I started a thread on this subject which has received 6,000 views and given the new legislation (that came into effect on 6th April) it would be wise to update the information with a new thread. Again, from the enquiries that we receive, a lot of people are encouraged to make a 'chargeback' request following information on various websites. The following is taken from one particular FMoTL website: As can be seen the debtor is specifically told that when completing the 'chargeback' form they must NEVER mention the word 'bailiff' on the form and instead, should state the following: "The merchant forced me to make over my card details by placing me under undue pressure exerted upon me to coerce me to perform an act that I ordinarily would not perform and this constitutes a misrepresentation to obtain a money transfer. I asked the merchant to refund the money who refused to do so and is in breach of contract and remains indebted to me". Debtors are also informed that: "It strengthens your application considerably if you support it with a sworn statement proving the card transaction was made under duress. This increases the chances of getting a rapid charge back to a near certainty" It would seem that debtors are being informed that if the credit card company reverse the payment that bailiffs cannot enforce the debt given that 'apparently' the 'enforcement power has ceased' and that there is "nothing in the regulations that provides for bailiffs to revive it". The supposed case law being paragraph 58 of Schedule of the Tribunals, Courts and Enforcement Act 2007 and paragraph 31 of the Guidance in the Taking Control of Goods, National Standards 2014. So....is the above advice correct? NO...it is not.
  24. I am due in Court later this week for a repossession Hearing, I have filed a defence and so now it is going to take a day for the hearing to take place. I currently have laryngitis and literally just have a `squeak` as a voice, am I able to geta Doctors note to not attend Court and if I don`t attend, after having given a Doctors note, what will happen please? I am defending myself so would need to do a great deal of talking, which of course is going to be near impossible, please help because added to my illness, this is making me really stressed Thank you.
  25. Not quite sure where to put my question since I have been searching the net for an answer, but here goes:- I have a charging order (or a restriction since the house in joint owned), which was put upon by a landlord whose building i was leasing for business. So its a private individual who has put a charge on my house. Now my question is what happens to that charging order if the landlord dies? Do I still have to pay the debt to get the charging order off the land Registry? Does one of his family member get the ownership of the charging order? Any actual facts to my questions would be much appreciated, thanks.
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