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Found 54 results

  1. Good afternoon, In a nut shell. Opened a BC CC in Mar 2003. Missed a few payments which meant that i incurred Over Credit limit charges. Over the course of the next 14 years, it escalated. Despite missing payments and over credit limit charges, BC doubled my credit limit on 3 occasions, June 2009, March 2011 and March 2014. Leading to more financial trouble for myself which was impossible to get away from at the time. Finally got back on track in 2018 and managed to clear the balance, but still incurring interest and some charges. Prior to each limit increase, my record with them was nothing short of abysmal, missed payments, over credit limit, when i did pay i was rarely over the miniumum payment. 38 missed payments and 48 over credit limit from 2009. My question is, do i have a claim against BC for irresponsible lending? Regards G
  2. Hi folks - here's my question. In October 2018, I received a NIP for doing 59 in a 50 zone, and this went forward with a Fixed Penalty. However, the points for this would put me on 12 (I probably should have known, but it didn't actually occur to me to check). The HMCTS, in early January, returned my driving license and refunded my £100 fine, informing me that GMP would be in touch "forthwith" in order to proceed to court for the totting-up ban. I have yet to hear anything from GMP. My question: Is there a time limit between the offence and the court date, or between the HMCTS decision and the court date? In other words, do GMP have a time limit to prosecute me, or could this essentially be whenever they choose? I am accepting of the impending 6-month ban for my stupidity, and just want to "get it over with", however, if there is a time-limit and they run-down the clock, might I get away without a ban? Any advice appreciated.
  3. can someone please confirm to me how far back i can claim for being overcharged by my landlord, on the annual insurance premium on my leasehold flat? I have discovered that they have been overcharging me 4% of the premium since 1994. this equates to almost 5k Thanks.
  4. Two questions: A) Has there been a precedent for instances of inconsistent, incorrect or the inappropriate application of variable speed limit policy on a Motorway providing a legal basis to challenge a speeding ticket? For example: 1) Motorway road works have road side speed limit signs stating 60 mph but overhead gantry displaying lower variable speed limit i.e. 30 mph without risk factor justification. The remotely controlled gantry signs do not correspond to conditions on the ground. 2) Motorway road works end and maybe end of road works signs are displayed each side of the road but subsequent overhead gantries incorrectly displaying variable speed limit of 60 mph without risk factor justification. The remotely controlled gantry signs do not correspond to conditions on the ground. 3) Motorway overhead gantries correctly displaying variable speed limit during time period of high traffic volume but erroneously left on during subsequent time period of low traffic volume without risk factor justification. The remotely controlled gantry signs do not correspond to conditions on the ground. 4) Motorway single overhead gantry displaying variable speed limit of 50 mph immediately followed by overhead gantry displaying national speed limit without risk factor justification prior during or after. The remotely controlled gantry signs do not correspond to conditions on the ground. 5) Motorway road works reducing four lanes to two lanes having no variable speed limit applied followed by road works with the same lack of risk factor justification but with overhead gantries displaying variable speed limit. The remotely controlled gantry signs are not consistently applied to the same ground conditions. B) How incorrect or contradictory does a variable speed limit need to be before drivers should rely on their better judgement of the surrounding context to determine their progress without fear of the current judicial process automatically presuming guilt with no requirement for errors by Highways England to be accepted in defence or mitigation?
  5. Haven't been on here in some time, so I hope I'm posting this in the right place! Background I left the UK for the US in October 1999, at which time I had several hundred pounds in Council Tax owing. Only thing that's been heard since was in 2004 when a DCA (I think it was BCW) wrote to me at my Daughter's address - I have an uncommon surname and I think they were chancing their arm. She wrote back to the effect that she had opened the letter in error, I wasn't resident there and never had been, and that she believed I had left the country several years previously. Fast forward to now: my wife is in poor health, and if she eventually passes, I'd consider coming home. I have a vague recollection that the usual "time limit" doesn't apply and Council Tax debt can be pursued for up to 20 years. Am I correct in this, and if so, when does the "clock" start?
  6. Hi Guys, I have just received a postal requisition for alleged criminal damage to property. I believe the prosecutor must issue a written charge not more than 6 months after the offence alleged. Is this correct ?
  7. Hey Guys, I'm following up on some recent developments (though still not confirmed), that a DCA has recently won a claim in Glasgow Sheriff on the basis that a clause witten CCA stated the contract would be treated by English law would be subject to England's statute limits instead of Scotland's. Assuming that this has happened and no appeal's being persued for this case, or if a potential appeal also fails; where does that leave people in Scotland with their devolved rights? Is Scottish the time limit out of the question now for most credit disputes? Is it valid that most CCA's don't properly explain that you'd be derrogating your local statute rights in place of the creditors preference? Assuming Scottish Statute laws are overrided, will this be the same for Scottish jurisdiction laws?..... And will that lead to a slipperly slope where people in Scotland will have to start disputing claims made against them at Northampton County Court? Thanks Guys, all the best
  8. In Schedule 6, CCA regulations 1983 is says Credit limit 3. Agreements for running-account credit. A term stating the credit limit or the manner in which it will be determined or that there is no credit limit. On the agreement/ photo copy of the application form, it does not state a credit limit, it just says, we will tell you your credit limit? Which I still don’t know what the opening credit limit was. but never the less, does this comply with term above (or the manner in which it will be determined? section.
  9. I received an NIP for "speeding" on the motorway in a speed restricted area. The signage was very unclear and when I sped up it was because I thought the speed restricted zone had ended as there was no signage to suggest otherwise and other motorists sped up too making it unsafe for me to continue at the restricted speed. I was recorded as going 9 miles over the speed limit when I called to ask about this they told me that it was an average taken from when I entered the zone and when I left. Does anybody know anything about how they work this out? And how I could challenge this? The Police have sent me photographic evidence of my car but the photos do not show the context and thus you can't see that there were no signs around telling drivers to maintain the restricted speed. Is there a requirement to provide photographic evidence of the context? Can I do a freedom of information request? Many thanks!
  10. Hi My parents gave me a large sum of money in 2008. I suggested getting a contract drawn up stating repayment amounts and a time frame. My Dad said he didn't want to do this. A few months later, My Dad wrote me a letter, which my brother stole from my house, stating that he would like me to repay the "loan" within 2 years. I'm not quite sure why he did that. He has never mentioned it since, and I wonder if my brother manipulated him into doing it. This letter has now been sent from my mother's Deputy to my solicitor, asking me if the letter is genuine and if so, what measures have I taken to repay it? They are saying I should pay half of it back to my mother. We never drew up a contract, and no-one has signed anything. Plus the money was given to me in 2008. They know I am in the process of making a formal complaint about them to the Office of the Public guardian and I wonder if they are clutching at straws in an attempt to frighten me. They have been Deputy for over 18 months, but have not mentioned this before, especially not in their report dated April 2017. Their Report stated all monies owed to my mother, but made no mention of this. They say they are now "updating it". They have moved several goal posts over the past few months, and this is another example. They initially stated their cutoff point for any repayments to my mother should be no earlier than 2014 as this was the official date my mother was deemed to have early onset of Alzheimers. So why are they raising this now? My parents are now very old (87 and 90), and I am doing whatever I can to help them stay together, and out of a care home. They are both frail, constantly in and out of hospital, and it has taken over my life. I cannot work because every time I try to move forward, something happens, and I have to sort things out with doctors etc. I am currently receiving Carer's Allowance and Income Support as I cannot commit to full time work. I have already emailed my solicitor saying it is a genuine letter, and was stolen by my brother from my house several years ago. But it was not a loan and there is no loan agreement. I personally think they are trying to distract me from my complaint. There are other issues with them, but this is the latest one. If it were deemed to be a valid loan, albeit an unofficial letter from my Dad in 2008, how many years is it before the loan gets written off anyway? I thought it was 7 years. Any thoughts would be appreciated, thank you.
  11. Good evening everyone, I have a CCJ for a debt that has a default date of Sept 2011. The CCJ date is March 2015. I understand that the CCJ will remain on file for 6 years. However, make yourself comfortable, I was out of the country when the CCJ was issued. I have rarely worked in the UK for the last 10+ years and when I don't work I travel/survive. I can clearly show that for several months before and after the CCJ date I was not in the UK. Based on this I want to have the judgement set aside. If I wait a month and if this is successful, will the debt be too old and drop off my file? I have had other debts removed from my file as I had no contact with them for over 6 years. Honestly, I'm a little giddy, I can't believe it. Post was with binned or not at the place I stayed. I would stay in the UK for a few days before leaving again. So there are two outcomes? If the court upholds the judgement I have to pay the debt. If the court sets the judgement aside will the limit have passed and the debt removed from my file? Your thoughts and advice please warmly appreciated. B
  12. I have 3 children (3,5, and 7 y/o) with my ex partner, and we share care for them (they stay with me about 3 days/nights per week). Until now, we'd agreed to split the child tax credit, so I claim for one child (the youngest), and she claims for the other two. Now she's saying that doesn't work for her any more, and she needs to claim the tax credits for all three. Does the new legislation allow her to add our third child onto her existing claim, or will she come up against the 2 child limit? From what I've read, it applies to children born after 6th April this year, or to any new claims for tax credits. But it isn't a completely new claim in her case, so not sure if that makes it ok?
  13. My son is having a problem with a Visa charge back through RBS. He bought a car 3 September 2016 the rear brake lines ruptured suddenly due to corrosion on 15 December 2016. The dealer agreed to fix it. Then 13 January 2017 it failed it's MOT because the front brake lines were corroded. At the same time various advisories for corrosion on most of the underside suspension, chassis would have cost more than the car was worth. My son rejected the car under Consumer rights act 2015 (note that this requires the dealer to collect the car). He refused the rejection. My son paid by debit card. he initiated a charge back based on the fault. RBS have turned it down as it was more 120 days from the point of sale. However we understood that it was different for a fault and 120 days from becoming aware of the problem. This is stated on lots of consumer websites including Which. be96erj how did it work out for you?
  14. The maximum compensation payable to account holders and savers if their bank collapses is to return to its previous limit of £85,000. The Bank of England said the change to the Financial Services Compensation Scheme (FSCS) would happen by 30 January 2017. The compensation limit was lowered to £75,000 in July 2015, following sterling's rise against the euro. The FSCS covers current and savings accounts, and cash ISAs http://www.bbc.co.uk/news/business-38050155
  15. Hey, I currently have a DRO in place. The conditions say that I have to notify any creditor that I have a DRO if it's for more than £500. My phone contract is coming to an end, and I want to upgrade my handset. I can either stay with my current provider, or go with another. But my question is - do I need to tell them about my DRO? Either if I stay with my current provider or move to a new one. I can get a phone for about £30 per month, on a 24 month contract. So that means I'd spend £720 over 2 years. Does this count as a £720 loan? I don't want to jeopardise my DRO, that's more important than a new handset. So just wanted to get some advice, thanks.
  16. Hi As the subject suggests, can anyone please tell me what is the time frame in which to start (or complete if required) a case to reclaim mortgage fees etc from acenden? thanks
  17. Hello, I wondered if anyone knows how long MET and euro car parks have to take you to court once all letters have been ignored by the motorist? I received a euro car parks ticket for an incident on 5/9/15 when I had sat in the car for 10 mins or so as I was not feeling well (I have a medical condition). My ticket was for staying longer than than the hour's ticket I paid for by that 10 minutes. I ignored all the letters, the last being on 31/12/15 from their debt company giving me a' last chance to pay to avoid court proceedings'. I also received a MET ticket for an incident on 12/9/15 when I had 'overstayed' at a large McDonald's I spoke to the manager saying I was in the restaurant the entire time giving them business as can be proven by their CCTV. i was not a driver using the car park to wait for airport passengers as others are doing there. He agreed to cancel the ticket but I carried on getting letters. Last letter was a final reminder on 3/12/15.My friend had also driven and out at the same time but she did not get a ticket. Am i safe to assume any time limit is over for the car park companies as it has been over 6 months since both incidents? Thank you in advance.
  18. I have had visa card for decades with largish credit limit of around £7000, very light usage, and always paid in full before pbd. The latest Card was issued in 2010 and I did not use it for any purchases but kept it for emergencies only, and was due for renewal at the end of July 2014. However, sometime in Feb 2014 they sent this surprise automatically generated note; “Would you like to keep your Barclaycard account open? We've noticed you haven't used your Barclaycard Classic card for a while and thought your account may longer be needed. That is why on 9 April 2014 we'll close your Barclaycard Classic account for you. This means any credit cards associated with this account will be cancelled unless you tell us otherwise. Don't worry, the other Barclaycard accounts you hold with us won't be affected.” The letter was sent by normal post, dated just “February 2014” and I ignored it because it looked like junk mail. When I found out in July that the card had been cancelled, BC at first verbally said they couldn't reopen the card with original credit limit because I did not appear on the electoral register, then in their final response they changed their story and said that they had issued a notice ending the agreement under the terms and conditions, and that my creditworthiness was not an issue. The FOS just lied about the whole thing in their non-investigation whitewash which I didn't accept. My new visa card has a mighty credit limit of £260! What are the legal viewpoints, breach of contract because no valid termination notice or something else, unfair relationship?
  19. Deposits made by private individuals and small businesses to any authorised firms are protected by the FSCS. The current £85,000 level of protection is being reduced to £75,000 (£150,000 for joint accounts) on 1st January 2016. If you're risk averse, it's worth moving the cash above £ 75,000 into other accounts so you'll always be protected. http://www.fscs.org.uk/what-we-cover/eligibility-rules/compensation-limits/deposit-limits/
  20. I couldn't see an Amex thread so I wasn't sure where to post this. I have an Amex credit card with a £5k credit limit and yesterday I was £200 over that limit. I have been in India for a few months and have been in dispute with a Hotel since I checked out on the 5th October. They had my Amex details from my reservation, but I had used an HSBC card to settle part of the bill during my stay. The Hotel have finally got fedup dealing with me and have charged £2700 to my Amex card, which Amex have approved. So, my current balance is now £7900 against a £5000 credit limit. In my T&C's Amex say that they may allow transactions above the credit limit to go through without it being regarded as a credit limit increase. I am awaiting a response from Amex, but I am arguing that they should never just allow a transaction through that was 54% of my existing credit limit, when I was already over my limit, and in doing so they are effectively extending £2700 of credit to me that I have not asked for. Also, of course, as my actual limit is still £5000, my minimum payment required in December is now close to £3000 in order to bring my account back under the limit!!! I'd appreciate any advice anyone has in how to deal with this.
  21. Hi, I was wondering if anyone can clarify something for me. I received a "notice to owner" and made a formal appeal against a PCN, however the council have not sent me a notice of rejection and it's now gone way beyond the 56 day limit in which they should respond. I was of the understanding that if they didn't respond within 56 days the PCN was cancelled, however I've since been sent a charge certificate, which I've challenged, they then sent me a letter offering to let me pay a reduced amount as "a good will gesture" which I've declined and they've now sent me an "order for recovery of unpaid penalty charge" through the county court. I've returned the witness statement and challenged it on the grounds that they didn't respond to the formal appeal. However, on the PATAS website it states that if the witness statement is accepted, the case goes back to the council who can then re issue the "notice to owner" letter, effectively giving them a second chance to enforce the PCN. So I was wondering what the point of the 56 day limit is, if the council can continue the process of enforcement regardless? Can any one out there clarify this for me? Many Thanks
  22. Hello Friends, I have this question with regards to refund claims passengers make. I am aware that passengers have to make claim for delay with 28 days of the delayed journey. So far so good. But How long can the rail companies take to refund the money? Will they not be subject to any existing rules to make refund within certain number of days. Was wondering if this kind of claim is any different from general consumer laws. I am sure there are rules about the time limit within which a customer/client must be refunded, if a valid refund claim is made? Thanks
  23. From 5 December 2014 the blood–alcohol limit is going to be reduced from 80mg in every 100ml of blood to 50mg in Scotland. In practical terms this means that someone drinking alcohol and driving could be ‘over the limit’ to drive after a relatively small amount of alcohol. As the normal method of checking how much alcohol is in your system is a breath test you should be aware that the new limits for the breath test are 22 microgramms of alcohol in 100ml of breath. This has been reduced from 35 microgramms The new limits are only being introduced in Scotland. If you are in England and Wales and Northern Ireland the drink driving limits are still 80 microgramms in 100ml of blood. If you are within the alcohol limit for driving outside Scotland and cross the border into Scotland in your vehicle you may fail a breath test. This may be particularly important to be aware of over the Christmas and New Year breaks as many people visit family and friends all over the UK. Remember that drinking the night before can mean you are over the limit the next day because it takes some time for alcohol to leave your system. http://www.adviceguide.org.uk/england/news/whats_new_nov14_drink_limit_to_be_lowered_before_christmas_s.htm
  24. Hi, My specific question is whether there is a time limit from the date of a parking "offence" and the date when a private company take court action? I received a ticket for an incident that happened on 10th January 2014 (short story: free car park, I left the premises temporarily to get money from an ATM for the shop in question, got a ticket 6 minutes after parking for leaving the premises). I have so far ignored all letters completely, that's my decision after reading up online whether or not that was the right thing to do, I've taken a punt on it being so. The last letter I received was on 4th April, however, have received another one today, nearly 8 months later! I'm guessing there may be a 1 year time limit and this is their final throw of the dice before the time limit is up perhaps? I do have reasons why I chose to ignore correspondence (UKCPS have made some very basic errors with every piece of correspondence so far which I believe would see them lose in court, that's my gamble I'm prepared to take) I'd prefer for UKCPS to not know about these errors in advance, but just wondering what the time limit is for them to potentially take court action. Thanks in advance.
  25. Hello, I opened a Tesco credit card with a £400 limit. I spent £399.94 on it. Then they added about £6 interest which took me over the limit and they charged me a £12 over-limit fee. Can they do this? Thanks
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