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  1. There is a registered all monies charge against my house. It relates to a business banking loans/overdraughts etc that were subsequently repaid. The LTD company was wound up in 2010. Shortly thereafter commercial recoveries contacted me regards how I proposed to repay outstanding monies. I replied that as far as I was aware it was all taken care of. That was the end of that for a couple of years, I was contacted again as above and gave the same response with similar effect. I was contacted a couple of years ago in the same manner but this time it started to escalate i.e. threatening to commence legal proceedings etc etc. I reiterated that as far as I was concerned nothing was outstanding and requested all info regards default. Turns out fellow director owed money to the same bank and they realised there was a dormant charge so apparently provided a loan to the company and repaid themselves whilst shifting liability to the charge ie me. It's all a bit sketchy as they weren't giving much away, but did say that there is no paperwork for the loan. I basically told them where to go and that if they wanted to do anything it would need to be through the courts. Nothing is going on atm regards this, but was just wondering that given the changes around SDR (read free) if it is worth getting a on in before they claim that they had all the info but binned it. Charge is still there at LR and not sure on exact amount but was a lot and with compounded interest will easily wipe out any equity I have due to repaying mortgage. We feel like we are renting.... Any advice?
  2. I spoke to someone from scottish claim helpdesk today and was informed that due to FCO findings Bright House was infact to pay back certain monies to customers, guy thought company dealing with claims was called Raven finance, any ideas as i cant find any further details on this
  3. Hi all, I wont give you my life story but I work in sales and recently decided to move jobs. I gave my notice 10 days ago and it seemed to be on good terms. It's a small business so I've been close to the boss for 3 years and was till today. Anyway, today is pay day, at 720am I receive an email stating that I wont be paid commission now that I have given my notice. I reacted in the expected way and challenged that, his response was, no no, just that cash flow is bad, we'll pay you next month, after youve left. He has a history of not paying people as theyre leaving, so I'm expecting to not see this money. He has sent me a breakdown of what I'm owed, from which customers, and promising to pay that money next month (which he did to the last guy, and didnt pay). I wouldnt react this way if it wasnt 40% of my earnings. On top of that, I'm also owed 11.9 days holiday which I'm worried he'll try to get out of as the record is paper based and he signs it (however I have a copy of this up to date and signed). The impulsive side of me says - Hold all of his equipment ransom i.e. laptop, phone, van, power tools until he pays what he owes me and I'll exit the day he pays. It works out as around £16-1,700 for holiday and commission The sensible side says - Wait, and he wont pay me... By which time I'll have no leverage as I'll have given the equipment back on the 16/9 (last day) and next pay day is end of the month, can I take him to court then? I've been helped out here before and really hoping someone can give me an idea of which direction to take it. At the moment Mr Impulsive is winning as I have a mortgage to pay... What do you think? Please help me with this sheister, Thanks in advance too
  4. Morning all. Bit of background, took a £150 payday loan from Cash Genie in February 2011 and kept rolling it over after paying my £45 per month. What also happened to me is that the solicitors starting taking monies from my account also. Spoke with them on several occasions to not effect. I finally managed to close in July 2012. Total loan was £150 and total I paid them back was £1267.80 to Cash Genie but another £980.60 was taken from my account by their sister form carter forbes. I was in direr needs then and had several other PDL's so robbed peter to pay Paul. I have finally sorted myself out and feel strong to challenge them. Would anyone have any suggestions as to how I do this? I have all the paperwork from my bank dates , times etc..Thanks
  5. Help appreciated from wiser heads on here than mine will ever be . . . At the beginning of last month, June 2015, a friend of mine purchased a 37-month-old Ford Focus 1.6 diesel from one of the Northeast branches of the Evans Halshaw group. He px'd his existing car and paid a cash difference of several £000s. The Focus being a month out of manufacturer's warranty wasn't particularly troubling as the car came with a full service history and Evans Halshaw's 3-month parts and labour guarantee. At completion of the transaction, my friend drove his newly acquired Focus the 60-odd miles to his home. Next morning, he drove the car a short distance for an equally short time before it broke down. He contacted the dealership and it arranged to come and take the Focus away for repair. The car was collected next day. No word was heard from the dealership in the following week and it was only when my friend telephoned to find out how the repair was going that he was told 'we haven't had time to look at your car yet.' So much for week 1. The week after that -- 2 weeks after the transaction -- he was told the fault was a fuel filter which had now been fixed. His car was ready for him to collect. He pointed out that he had no car to go the 60 miles to the dealership so asked for his car to be returned to him. The dealership was manifestly reluctant to do so but three days later, brought the car back. Next morning, my friend drove the Focus for a short time and over a short distance and it broke down again. The car was taken back by Evans Halshaw to be repaired again. My friend was told that a part was awaited. It's now 3 weeks after the date of transaction. My friend told Evans Halshaw it was his belief that he had been sold a product not fit for purpose and should have his money back. He had given the dealership the opportunity to fix the car but it had failed to do so. He was incurring extra costs and going to no little effort and inconvenience as a result. Evans Halshaw told him it wouldn't take long to fix the Focus and they would provide him with a loan car for a few days. This turned out to be a 3-cylinder Vauxhall Corsa, significantly smaller than his own former vehicle as well as the vehicle he had purchased but was unable to use. With the Focus still unrepaired by Evans Halshaw, my friend complained to the dealership last week -- that is, 4 weeks after the date of transaction --about its refusal to refund his money and its failure to repair his car. He pointed out that he has a longstanding booking of a fortnight's family holiday in Cornwall, commencing next week. The Corsa is entirely unable to accommodate himself, his family and his luggage and seems hopelessly underpowered for a round trip of 600 miles or more. Today, Tuesday July 7 2015 is now 5 weeks from the date of the purchase transaction. The Ford Focus is still not repaired. Evans Halshaw is making great play of the fact that it isn't actually charging my friend a penny for the work (work that failed in the first place; work that hasn't even been done since then.) It is steadfastly refusing to refund his money, that is, to restore him to the financial state he was in prior to purchasing the car. Evans Halshaw continues to be unable to repair the car, saying it is *still* waiting for a part to come in. It seems markedly disinclined to even discuss the issue of the 3-cylinder Corsa loan car. Question 1: what rights under consumer protection legislation might my friend specifically exercise by way of bringing pressure to bear on this dealership to give him his money back / return him to the financial state he was in prior to the transaction? (NOTE: the dealership claims it sold his PX the day after the transaction. Presumably, it went into the trade. It seems highly likely to have been retailed out in so short a time.) Question 2: what complaint process should my friend be following here? He has lost all faith in this dealership so should he be taking it up at a higher corporate level at Evans Halshaw?(Not sure where to start with that one though.) Question 3: is there a 'professional body' to whom he can file a complaint about what has happened / is happening here? In summary: it is now 5 weeks since the transaction occurred and he does not have the car he purchased, does not want the loan car the dealership persuaded him into accepting, and having given the dealership every opportunity to repair what is, after all, just a Ford motor car, not some exotic beastie for which spare parts are hard to get, believes he is entitled to say that the car he was sold was not fit for purpose then, is self-evidently not fit for purpose even now, and he should have his money back. Now. Any thoughts? Thanks.
  6. Can someone please help me? This morning my employer received a letter from Department of Work and Pensions stating they are seeking recovery of monies for me. They had a very old address I hadn't lived at in 4 years. So I call them and give them my reference, the lady at the end of the line, who is clearly miserable and hates her job tells me I owe 93.70 from Job seekers allowance. I have not claimed JSA since 2005 when I claimed for 2-3 months. (9 years ago!) But I know what this is about as soon as she says this. One day in 2005 when I went to sign on I was told the next sign on sate was a bank holiday, so I'd sign twice on that day and wouldn't go in during the bank holiday. Thinking nothing of it 2 YEARS later when I'm in employment in 2007 I receive a letter saying I owe £93.70. I speak to a range of different people and they tell me as I didn't actually sign on a date I should have (as it was a bank holiday) I had technically been overpaid and owe them. I refuse to pay on the grounds of I was just doing exactly what I was told to do, I was not paid any additional amount to what I usually pay. So I appeal. I don't hear anything more from it, until this letter today. Then I speak to this lady and she says I have no option to appeal despite it being 7 YEARS since I did and I've heard nothing from them until today. She said I have to pay the money within 10 days. What do I do? I really don't want to pay money I do not owe. I feel shocked that despite only signing on for a couple of months in my life and being a tax payer for the past 9 years I am having to deal with this! Many thanks
  7. Does anyone know exactly what this means. I have another thread on here concerning my pending repossession as a result of the bank under selling my business premises. I had a business loan which has a 1st charge against the business premises and a 2nd charge against my home. I have been in contact with my local council legal folks who have been helping me with housing issues and they have been told by Lloyds that the charge is an "all monies charge". Does anyone know what that is, I believe it means that any repayment is non-negotiable but not too sure. All I know is that it is just one more hurdle to jump. Does anyone know if it is applicable on a business loan etc ??
  8. Hi all, Not sure if this is right section (moderator please move to more appropriate one if needed). Story so far: Back in February my brother asked me to pay one of his invoices in regards to rental of unit for his business while he was away in germany. I called company, paid over the phone with my debit card etc. 2 days ago i found out that there are 5 payments taken out of my account by the same company. Called them but no response, so sent emails. They have responded that they took payment from my card in regards to same unit and since they got my card details (as they said - according to our policy) they are using it as default payment. I told them that i never gave any permission (except for one payment in February) to use my card. They have only replied that they dont issue refunds and i should get my monies from my brother.. Any ideas? Thank you in advance
  9. I received a letter yesterday from Medina Credit chasing monies to the tune of £328.90 for my old property address which I vacated back in July 2011. They did not state what it was for just saying that they are acting on behalf of Mount Green Housing Association regarding an outstanding debt. I cannot understand what it is for as when I was living there nearly 3 years ago I was a single mother with 2 children and on full housing benefit, so I know it's nothing to do with rent arrears. I left my flat clean and tidy, even the tenancy agreement stated that the tenant is to remove all personal possessions and rubbish, which I did. The only thing I left behind was my carpets (which were in good condition). To be honest I physically could not pull up carpets 2 floors up and dispose of, however I do think it's a cheek that the Housing Association have not contacted me in nearly 3 years and passed this straight on to a debt collector. I have emailed the housing association asking for proof of this debt, so I wait for the response but going on past experiences with them they are totally incompetent and make mistakes all the time. I didn't know if there was a time frame to chase money when you vacate a property because 3 years is ridiculous. The housing association have not followed any protocols at all when chasing money, so just wondering where I stand really any help much appreciated
  10. Hi There... I have a really abusive tenant who is on a AST in my property.She is now over 4 months in arrears and is incredibly abusive when i try to chat to her to sort out her issues. In the end Ive had enough and issued her with a section 8 notice. I need some advice relating to how I need to proceed with court papers now. Any help would hopefully put an end to all this stress this horrible person is causing my family. MJack
  11. In 2004 my partner and I opened a business, and took out a loan with natwest bank, we also had our business bank account with them. In November 2007 my partner filed for bankruptcy, and all accounts were dealt with in that bankruptcy. We had at that time paid off about half of the original loan, which was secured against our property. All other overdrafts, cards, loans etc were not secured against our property. We have however been endlessly pursued by natwest for varying sums ( they don't seem to know how much we owe) of between £32,000 and £7000. We have repeatedly told them how much we owe, and if we can agree on the correct figure, then payment will be made. We are not willing to enter into any agreement when they appear to be plucking figures out of fresh air! This morning, I received a letter threatening legal action/repossession of MORTGAGE arrears for £21,000. My mortgage is not with Natwest! The CAB spoke to them about 4 years ago, and told them in no uncertain terms, that there behaviour was disgraceful, but to no avail! Any advice would be gratefully received!
  12. Hi All My situation is very similar to others who have recently received Claim Forms from HL Legal on behalf of Sigma who are claiming "part of monies due....." The POC is exactly the same as the others I've seen in the last few weeks on here and is asking for £299.99 plus court fee and solicitor's costs with a total of £364.99. This relates to an M&S Credit Card which was upgraded from a Storecard and I'm pretty sure they are on dodgy ground with this following the recent case involving a Harrods card. I've completed the Acknowledgement of Service on line and stated that I intend to defend the entire claim. Although I have a copy of the original "application form" on which this claim is based (they refer to it as an agreement) I will be sending them a CPR31.14 request and advise everyone else in this situation to do the same. I will also be advising HL in the same letter that: (a) the account was in dispute and so should not have been assigned (b) that the "agreement" they refer to is unenforceable in that it does not contain the prescribed terms © that Sigma have no legal right to action as the debt was not assigned correctly During the days when M&S were handling it they also sent at least two Default Notices which were faulty in that they did not allow sufficient time for redress. I agree with others on here that this is Sigma just shaking the box to see who will easily cough up £364. They've been sending out loads of these claims. I reckon they will back off once they see a defence will be or has been lodged and when they get my letter. I was tempted to ring them and ask "without prejudice" of course for clarification of their intention behind claiming for only part of the monies due and enquire whether this meant that if their claim was paid that they would officially call it quits and write the rest off. However, I think this may be too risky.
  13. I've rung HL Sigma "solicitors" today in response to the claim form I recently received. It's exactly the same as everyone else's on here. I realise that someone at HL or Sigma could read this and work out my identity but I'm not bothered about that as I only use this name on here for very special purposes. I recorded my telephone call and advised them of this and also that I do not acknowledge any debt etc and explained that I wished to hold the conversation on a Without Prejudice basis. Once they fully understood what this meant, here's what I asked and they told me but note for ease of use it is not verbatim. 1. Why is the claim for part monies? ANSWER - To keep costs and fees to the minimum 2. If this claim is paid will that be the end of the matter and the alleged debt taken as settled? ANSWER - No, we would expect to arrange a payment plan based on the first claim having been settled. Thought those in the Sigma boat might find this interesting and helpful when deciding what course of action to take. Personally I will be defending as the alleged agreement in my case is totally unenforceable as it doesn't contain any of the prescribed terms.
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