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  1. Hi can I please get some help regarding three letters that have come from Lowells. We have recently returned to uk after living abroad and previously had advice regarding some if not all of these accounts back in 2014 I believe. The debts are coming up SB mid this year, default dates 2013. I believe we were previously advised to SAR I think, which, I think we did. I also believe one- a capital one debt, we sent a PPI claim for which was denied I think. Here are the accounts. ME-CAPITAL ONE $420 MY WIFE- BRITISH GAS $75 didn't even realise we had this...pretty certain we were on prepayment meter?! MY WIFE- CAPITAL ONE $1695 (SAR sent off 15th May 2013) Do I need to do an SAR again for these? Can anyone advise what to do please. Thanks a lot
  2. Good afternoon fellow forum users, apologies in advance as I've never posted before and want to give as much info as possible but there is a bit to tell and I don't want to bore you all to death so I'll try to be as brief and concise as possible. Yesterday I received 4 parking notices from a company claiming to be PCS and one penalty parking charge from the London Borough of Newham for a 52m - failing to comply with a prohibition on certain types of motor vehicle contravention. In total the bill is currently standing at almost £500 ( 4 counts of £60 from PCS and £130 from Newham). All these offenses are claimed to have taken place between the 1st and 5th Dec 2018. All of these documents claim to have visual evidence of 'the vehicle' and it's true that there are attached CCTV grabs of a car of the same make and model as mine and a matching number plate although I have never been to Newham, and not really sure where it is? So am assuming that these are cloned plates. Have already contacted the Police and they have given me a crime ref no and will also be contacting the DVLA as they advised so I'm pretty sure I can sort that issue out with Newham. However, the so called 'parking charges' issued by PCS parking collection services. PO box 271. Ashton Under Lyme OL6 0DL are more of an issue as having done some digging online and through this website I am now under the suspicion that these may not be legit as the company appears to have a somewhat suspect reputation in what I can find and I don't particularly relish more lovely envelopes dropping on the mat. the salient points in this matter are 1: of the four offences they claim, they can only provide me with pictures in two instances out of the four dates involved. And two of the claimed offences are for different dates but same PCN no and times, although same company ref no. 2: It is clear from these pictures that there might actually be two different cars involved with the same plate as mine as two of the sets of photos provided for two different dates appear to show one silver like mine and then one light green 3: The number plate displayed is marked different to mine in so much as it doesn't appear to be held on my screws at all and definitely doesn't have any other writing, such as a dealer name or post code etc or a visible crack down like mine has. 4: Having done all the necessary via the police, taking pictures, noting colour change etc It should be quite straight forward to lodge an appeal online but their website just will not let me and after two attempts I got suspicious and gave up. I do apparently have the option to download and submit a written form but I decided to go do some more digging before that and what I have found on PCS - albeit somewhat earlier dated by some time - doesn't show them up well and I;m now wondering what else I can do or investigate before I do commit to a postal appeal? I will Deal with the Newham issue directly, but have no intention of, admitting any liability, paying any monies or giving any more details than necessary to PCS, but Can anyone offer any advise or other information before I proceed any further? thanking you all in advance.
  3. Hi All. I recently started selling beauty products on eBay in my spare time for extra money. I chose Hermes as the carrier as they seemed the best value. Iam now regretting that decision massively. I have sent approx 200 parcels so far, all over packaged, and most of them i have taken photos of, and photos of them on the scales. After about 70 parcels i received an email from Hermes requesting an extra payment as a parcel I had sent was over weight. The parcel weighed 200g, but they tried to charge me for 3.25kg. After emailing i got the charge removed. (Not a good start) Now I have started receiving messages of item not received, and also parcels with tracking information that is stuck at a particular stage. I understand some times the buyer will be lying to claim a refund. One particular person said he had not received the item, but my tracking showed delivered through the letterbox, with a photo of the letterbox. He strongly denies receiving the parcel so I asked for photos of his front door with a piece of paper stuck to the door with his name on, date, clearly showing the house number, and house name on. He sent me the photos. Clearly the letterbox photo Hermes provided is a different door to the customers. I am doing the live chat daily, and constantly being fobbed off. The next issue a customer claims he hasn't received the parcel. Hermes tracking showed delivered, to a safe location. The customer says he has not received the item. Hermes admitted there is no GPS location, and no details where it was left so sent me the missing parcel claim form, which they say can take 14 days to come to a decision. The problem is most of the items I send are classed as a liquids, even though they aren't runny like liquids. So its unlikely they will compensate me looking at their terms. I acknowledge that delicate items and certain items which they don't compensate for are easier to break and more likely to be broken, but not missing all together. A lost parcel all together is surely a failing by Hermes, and all lost parcels should be compensated for. All parcels I have declared properly what was inside, and chosen the correct cover value. At the minute I have 2 parcels missing, 1 parcel delayed then today it has updated to say damaged in transit, 2-3 parcels with stuck tracking status's where they say delayed, or out for delivery, and that is the end of it. Some are a week or so without any movement or updates. So I'm guessing they are lost aswell. I am expecting all these people to request refunds. Which vary from £9-£30. Not huge sums but when you have to refund that many people its not on. I have done all I can do, and left the delivery to Hermes, which that aren't doing properly. No delivery photos, some without gps tracking. Parcels left in places they have not been told to. I'm just after some advice on what to do please. What course of action is possible. I have been trying to build up as much information as I can before sending the items. Photos of before wrapping, photos after wrapping. Photos of the labels on the box/packet. Photos of the parcel on the scales. I can see me ending up with dozens of claims for lost parcels, and parcels that just get lost by Hermes, and no way of getting my money back. Any advice would be really appreciated. Thanks
  4. I have just received X10 PCN's from Newham - all in one go. They date back to 17th August. I can see from reading threads relating to this area in Newham that lots of people have been caught driving through this "No Entry" sign which is really badly positioned. But to receive 10 in one go! If i had received the first PCN sooner (not over 3 months later) i would have been made aware of the contravention, and not driven through it again! Does my arguement stand up at all, or will i just have to pay all of the fines? There could even be more on the way as i honestly didnt realise it was a no entry road. Dreading the costs here. Wouldnt have done it had i seen the sign. Any help appreciated
  5. Hi All, Last year Islington Council put a really nasty bus lane * camera at the entrance to the street I parked on.. I thought I had got away without falling foul of it, as I'd used the lane several times prior to a friendly neighbour warning me of its presence, this morning I found that's not the case as my car is currently clamped for 5 outstanding PCNs! I'm not wishing to dispute the PCNs as it's a fair cop and I should have been more aware, but I would like some advice on how to handle Equita today. I called the EA at 07:20 asking for PCN details and explained that I'd most likely be submitting OOT forms to TEC; he obliged and said he'd call back, was pleasant to deal with, everything seemed OK. However, at about 10:20 I got a call from a recovery driver asking if I'd like to hand over the keys when they tow my vehicle. I called the EA right back to explain and he eventually gave me the PCN numbers, so I called Islington council to get the details and submitted my forms to TEC. I've done all I can for now, but am sat in my van and cannot leave because they've sent someone to tow it. That whole thing seemed really suspicious to me, but I can't take the risk as it would be incredibly annoying to have my car towed prior to TEC giving the EA notice to cease recovery actions. Can anyone advise? Am I just destined to spend the day sat in my van? If I were to leave and they towed it, then TEC gave notice to cease enforcement, is there anything I could do other than pay towing & release fees? *It's not really a bus lane, I just don't know what to call it. The road used to have a traffic island in the middle with two very narrow passages either side, but the council removed the island and put a wide lane through the middle. I used this lane as the passages were only just wide enough for my van and did so for about 2 weeks until a neighbour stopped me to explain it's for exiting only and pointed out the camera. From my call to Islington Council, I have EIGHT outstanding PCNs from the first 8 days of this restriction being in place - five of which are involved today.
  6. I am a landlord, I did think this might go into the lettings forum, however I think it could be a general legal issue relating to contracts. We have a joint and several tenancy agreement for tenancy due to start next month, students. (Downloaded from National Landlords Association so hopefully current. Note my LL NLA membership has lapsed but they do keep giving me free access to the document library as an ex member) One tenant wants to exit the agreement and has been very helpful in finding a replacement T. The other T's are happy with the new T so wish to employ a "deed of transfer" document, which I have used a few times before and have the latest version also from the NLA. My problem is that all the T's are scattered across the globe, until after the tenancy starts - Europe, Asia, Uk and Canada. In my work capacity in the past (EU funded research projects) I have been involved with collating signatures to contracts by sending the whole contract and asking the co signatories to sign their own copy and return, on the EU advice that this was fine and we just collated the signature pages of each contract to make a master document. I can easily get three of the 6 T's in the UK to sign the same document, but is it OK to get the others in Europe Asia and Canada to print out and sign effectively a separate identical document and scan and email back to me as per the EU research projects example above? I could wait but I am a bit anxious about the tenancy starting without this being fixed. Also the T's, new, existing and old want to get it fixed too as finding someone later on (ie a month after clearing) is more difficult.
  7. I am a landlord, I did think this might go into the lettings forum, however I think it could be a general legal issue relating to contracts. We have a joint and several tenancy agreement for tenancy due to start next month, students. (Downloaded from National Landlords Association so hopefully current. Note my LL NLA membership has lapsed but they do keep giving me free access to the document library as an ex member) One tenant wants to exit the agreement and has been very helpful in finding a replacement T. The other T's are happy with the new T so wish to employ a "deed of transfer" document, which I have used a few times before and have the latest version also from the NLA. My problem is that all the T's are scattered across the globe, until after the tenancy starts - Europe, Asia, Uk and Canada. In my work capacity in the past (EU funded research projects) I have been involved with collating signatures to contracts by sending the whole contract and asking the co signatories to sign their own copy and return, on the EU advice that this was fine and we just collated the signature pages of each contract to make a master document. I can easily get three of the 6 T's in the UK to sign the same document, but is it OK to get the others in Europe Asia and Canada to print out and sign effectively a separate identical document and scan and email back to me as per the EU research projects example above? I could wait but I am a bit anxious about the tenancy starting without this being fixed. Also the T's, new, existing and old want to get it fixed too as finding someone later on (ie a month after clearing) is more difficult. please answer here: https://www.consumeractiongroup.co.uk/forum/showthread.php?489232-Multiple-signatures-on-tenancy-deed-of-transfer-can-they-be-on-different-documents-and-by-email
  8. My daughter told of this site and how it had helped her over the years reclaim unfair charges and it has been extremely helpful to her over the years, I know she donated several times and so I decided to register myself. My daughter has suffered severe trauma over the last 12 months and I am very pleased to say that she is in a much better place now. I am trying to sort her finances out, she is unable to work presently and unsure at this time when she will be capable of working. I was considering writing to the companies she owed money to explain what's happened to her and ask if they would consider wiping the debt in her circumstances, especially at the moment as we have no idea when she is going to be able to return to work, its not likely to be any time soon as she is in therapy 3 days a week for at least the next 6 months. The debts are roughly as follows: Vanquis £650 (paying £1 a month) Three Mobile £121 Lowell Financial £1200 Welcome Finance (Secured) £18K (paying £10 a month) Santander Loan (Unsecured) £9K (no payments made since 2010) HSBC £1500 Robinson Way (Barclaycard) £950 Creditlink account recovery solutions £94.76 My husband and I are old age pensioners and we cannot afford to pay these debts but I know all these letters that come through only add to her stress and depression as they do! We would love to be able to pay this off but we are financially just not able to. She has a mortgage which she is in arrears with although I am dealing with and they are understanding, there is no equity in the house but the mortagge payment is so low at £429 a month (interest only) we want her to keep this as renting would be of more cost to her. I am not sure if it is possible for anyone to advise us if it is worth writing to these debters with her situation and seeing if they might consider wiping these debts. Many thanks A worried GrannyMargaret.
  9. I have received 3 Bus Lane Fines from Manchester City Council, All in Oxford Road and All in one position in the beginning of the Bus Lane and the times difference between them 4 - 11 minutes. I admitted travelling to Manchester one day and was following directions from my TomTom Navigation and when coming out of city centre suddenly noticed sign forbidden traffic and advising it is Bus Lane. I turned back and took first exit and followed alternative direction and TomTom guided me to same location of start of Oxford Road. I repeated this 3 times and never crossed the sign on each attempt. Now they sent me 3 fines and pictures showing my car before the sign. Any advise please ?
  10. Wonder if anyone can help alleviate the burden of these series of PCNs.... I left my car legally parked on the road for approx. 1-month in March during which time my father was critically ill in hospital. When I came back to find my car to my horror it was not where I left it. Luckily I spotted it 50-100 yards down the road, half parked in a permit holders only zone and half parked outside it, with 10+ PCNs attached! Luckily a good Samaritan who lived on the street had written a note stating "your car was moved here by a lorry and lifter by the people doing the road works". I spent the next hr knocking on every house to find this neighbour and finally did find her when she explained how it was unbelievable how far the council contractors moved my car only to dump it with the bonnet poking into a controlled bay and then proceed to ticket it every single day since! This absolutely beggars belief that they are allowed to do this! Now I fully appreciate that sometime during my car being parked there that maybe the council put up signs and because I had not gone back I had not noticed so I get that they are allowed to move the car, but on what planet are they allowed to move it into a permit holders only bay a very long way away from where I left it?! this is tantamount to theft! Needless to say it's not what I need with my dad only just out of hospital, and I intend to appeal but of course my 14 day period has long passed and do I really need to lodge my appeal 10 times?! This seems absolutely ridiculous that they can cause this and then I have so much inconvenience to resolve it. Is there anyway round this by writing to them listing all the PCNs and asking to cancel them all in one go seeing as I was not responsible and I have several witnesses who will vouch for the contractors moving my car? Can I sue the contractors for distress? Any help would be much appreciated.
  11. Hi, I hope I have posted this in the rigjt place. I wonder if anyone can help me. I was served a default notice by Nationwide in December of 2007 for arrears on a personal loan account. I eventually managed to bring the account up to date but in 2011 defaulted again and was served a default notice in July 2013. I have read on other threads that an account can not be served with more than one default notice. Is this correct ? if the account was brought up to date then defaulted again? I have the paperwork for both defaults which state different amounts being owed but for the same account. Also if it is correct that I should only have one default then what should I do to get this changed on my credit file? I am working hard to pay off the amount still owed and also on another couple of debts. I have 3 defaults in total on my CF but the other 2 are 3 years old so I am half way to cleaning my file. Another question that I have is that it will probably take me another 3 years to clear the debt, will the monthly DF on my credit file mean that even in 3 years my when the DF fall off I will still be in a bad position as the debt will only just be paid? Sorry for the multiple questions. Any help would be very much appreciated
  12. Hi all, ive been reading this forum for the last few days and decided to get my old bank statements out to have a look at the PDL I had in 2011-13, I had loans to a total of £4500. Several were done in the same months etc many were paid off apart from a couple towards the end when I got in deep and couldn't keep my head above water. I cut my losses. Could you have a look at the attached list and see if it would qualify for IR? There a couple that aren't on there as I got them through my local Moneyshop. I also have a mini credit one which is being dealt with by Opos, I have read theses are the same company and I plan to SAR all of these to be able to start the claims process if yourselves feel it is warranted. I think it is and I hope you all feel the same. Cheers PayDay Loans.pdf
  13. Early last year my husband received a county court summons for £11,500 for a credit card debt sold on to a DCA. He replied and defended the action on the basis of the limited information on the summons and that he was awaiting a reply to the CCA letter sent to them on the day the summons was received. He never received a copy of the CCA, just a letter from them saying the debt was no longer enforceable and they could not proceed any further through the courts, but would he please call them to discuss a repayment plan. They also promised to forward the copy of the CCA. That was over a year ago and we are still haven’t received the CCA, but what he did not advise them was the debt would not really be statute barred until last October , three months after their letter. Move forward to now, and I have received a letter from the same DCA and they are chasing a debt for £8.250 for a card of mine. This will become statute barred in the middle of August when it will be 6 years since the last payment. I received a letter from them dated 6 April but not received until 12 April, saying if I did not contact them within 14 days they would commence legal action. My understanding of statute barred debts is they expire six years after the last payment or admission of the debt and the creditor has until this time to obtain judgement. Is this correct and can the DCA request to the courts an extension this period for the time it takes to transfer to a local court and to a hearing? The default for this will expire soon and I am l keen to keep as clean a record as possible after eight years of financial misery. I appreciate I am morally wrong but this DCA will have purchased the debt for peanuts,
  14. Hi, I sent a CCA request a week or so ago- received what seems to be a common reply today stating they'd complied with the request and they've supplied nothing more than a copy of their current t&c's. No signatures, dates, endorsements etc. The card's quite old, so I'm sure the £12 on the current t&c's is incorrect. Suspect they're trying to fob me off. Where too next- a dispute letter? Thanks
  15. Hi so, I will try to be succinct! We all know the law changed, but I didn't quite get it. I bought a car second hand, it came with a tax disk, I thought I was fine for a few months. Obviously I wasn't, I understand that, and am happy to pay a REASONABLE amount because of this. I was caught on camera on 21st December near Oxford. I was caught on my home street in London on 13th January. I was clamped on 14th of January, costing me £100 to get out. I taxed my car that same day. On 15th January I get two letters, both dated 14th January - obviously these would not be received until after I got clamped. One letter referred to being caught on camera in December, charging me £117. The second letter referred to being caught on 13th January, asking me to pay £145. On phoning the DVLA, I was told I am supposed to pay BOTH fines. PLUS the £100 for the clamping. DO the maths if you want but it's a lot of money, for one (accidental) offence. I wrote a nice long, detailed letter of appeal, asking for a reasonable reduction and consolidation of these "out of court settlements). I have just received a letter telling me that none of my reasons were valid, and I still have to pay everything. Shall I fight it? It seems a crazy system, even if I swallow the fee for the clamping, having to pay twice for the same offence. And the fact that they seem to have KEPT THE DECEMBER OFFENCE BACK UNTIL THEY CAUGHT ME AGAIN, SENDING LETTERS FOR BOTH THE OFFENCES ON THE SAME DAY seems either very sneaky, to get maximum money from me, or at least very bad admin. If I do fight it, where will the court case be held? Locally to me or in Swansea? Anyone know? If I do fight it, how much might I have to pay if I lose? If I do fight it, anyone know my chances? Should I just pay because offences are offences? Thanks all, looking forward to hearing your thoughts. Jon
  16. My partner has received multiple debts from Moorcroft from 4 companies, Ambrose Wilson, Premier Man, Fashion World and JD Williams. JD Williams has 2 accounts, both the Moorcroft ref no and the client ref no are different, and the amounts owing are also different, £266.31 & £164.68, although my partner's name is exactly the same on both accounts. I'm not sure how it is even possible for her to have 2 accounts with the same company? We received the letters from Fashion World and JD Williams first and CCA them, they replied back (16/07/14) that we needed to send £1 which we did. They replied back with a Fashion World debt letter (21/08/14), the balance had gone from £180 to £179! It has been over the 12 day limit for them to send the accounts. The other day we got another 3 letters all at once (dated 26/08/14) for the Ambrose Wilson, Premier Man, and the JD Williams new account. We haven't even heard of Ambrose Wilson or JD Williams. This is getting a bit silly, I don't really want to be CCA on all these different accounts, what should I do?
  17. There continues to be confusion about the charging of 'multiple fees' by bailiffs when enforcing more than one warrant (or Liability Order) at the same time. This confusion has lead CIVEA (Civil Enforcement Association) to seek legal opinion on the subject and as a result, they have issued the following Guidance to all their members. CIVEA Guidance Notes are designed to address issues which have arisen on the proper interpretation and implementation on a particular part of the regulations (in this case, 'multiple charging'). PS: CIVEA represent the interests of all private certificated enforcement agents in England and Wales. http://www.civea.co.uk/editorimages/Multiple%20Instructions.pdf
  18. Hi All, Massively need some advise, i had parked in a car park for 28 days thinking that it was a gem and free but have now been hit by civil enforcements and their ANPR, 28 x £60 tickets. desperately need some advice, their notice to keeper was received 1 month after the violation so is this enough to get it squashed? It was outside a Co-op and i just thought it was for customers and didnt carry a fine and especially after not seeing a ticket on the window carried on. if i had received the NTK within the 14 days i would have obviously moved! Any help would be appreciated here as 28x £60 will break me!
  19. Hi, I have sent all my payday loan refunds claims off but I just have a few questions. I don't have any bank statements but I have my credit report. I attempted suicide because of my bad debt and I had over 19 payday loans in Sept 2011 so I chucked everything and buried my head in the sand. On my credit report it shows I had every month in 2010 - 2011 3 loans running at the same time every month. I have claims for all my loans in 2011. My quick quid loans I had 33 loans that's roughly over 7 per year. Do you think I have enough to claim back as most of my outgoings in them 3 years were to my parents as they are retired and relied on my rent. in 2009 my dad to a loan to pay all my lenders and so my outgoings increased by £150. Rent: £500 Dad Loan: £150 (After 2009) Mobile: £45 Travel: £250 Food: £200 In 2008 - 2010 I was earning £1010 and in 2010 - 2011 I was earning £1200 per month. For 4 months in 2010 I was on JSA so I only had £280 every 4 weeks. In 2008 - 2009 I had the following loans all at the same time Wonga Quick Quid Poundstillpayday Wageday Advance Payday UK Payday Express Moneybox 247 Mr lender Uncle Buck In 2010 - 2011 Wonga Quick Quid Payday UK Wage day Advance Payday Express Payday Overdraft Monkey Dosh Convers Money Tower Capital Moneybox 247 Mr Lender Poundstillpayday Cash Genie Peachy Loans TxT Loan The Loan Store UK Uncle Buck CFO Lending Poundstoday and I think PoundstoPocket Oakham As I said I don't have any bank statements only my Credit report that was bad anyway. MoneyBox247 have sent me a sheet that show the credit check they did came back with a score of 450! Thanks for any help in advance Happy Easter!!
  20. Hi I am trying to get my head around my situation so sorry to bombard you with information, however I have done a lot of reading and need your help! Since ~2009 I have been using Pay Day Loans, A LOT OF THEM (full list below). Since 2009 I have always had at least ~3 outstanding loans at any one time. The issue has been made worse by severe depression and severe gambling. I am finally getting help there, and am sorting out my PDLs, however at a guess must have taken out ~£20k in PDLs and paid back ~£30k to date. I believe I have a claim for redress and this is what this thread is about. I will also update this thread for my progress. Key Areas of Claim I had to repeatedly roll-over a loan. This shows that I could not afford to take out the initial loan in the first place as I couldn’t make the payments I had to borrow from another payday lender in order to pay off your initial loan The loan was a large portion of my income meaning I couldn’t pay it in time as I would not have been able to buy food, pay your mortgage or bills etc (up to 5/6th my income in a single PDL, with multiple at any one time) Failing repayments, paying lots of late charges, then being accepted when applying immediately after again Pay Day Loan Companies & Contact Details Below is a list of PDL companies I have used and their contact details. These were mutliple loans, multiple roll-overs (some as recently as 3 months ago) and all across the six year period. I have the following questions: Should I even both searching for information on loans for companies gone bust Should I be contacting companies whereby I still have a loan outstanding (Companies in bold I still have outstanding PDL) (1MonthLoan) Sunny 247 Moneybox Cash Genie Cash Lady CashChoice CFO Lending Early Pay Day Loans MiniCredit MrLender Payday Express Payday UK QuickQuid Safetynet Credit Speed-E Loans Swift Sterling Toothfairy MyJar (Txt Loan) Uncle Buck Wayday Advance Wonga       Other Credit Lines I also have had a lot of credit cards and bank overdrafts. These are now all "up-to-date" and a plan has been put in place to repay them. Company / Total Owed / Now Owe / Type of Credit Line / Comment (CCJ) Luma £ 250.00 £ 250.00 Credit Card Aqua £ 300.00 £ 300.00 Credit Card Lloyds £ 2,700.00 £ 1,890.00 Overdraft CCJ Capital One £ 950.00 £ - Credit Card CCJ Egg (Barclaycard) £ 742.00   Credit Card   Nationwide £ 710.00 £ 710.00 Overdraft   Natwest £ 1,060.00 £ 1,060.00 Overdraft   Next Steps I will now complete the following next steps 1. Obtain bank statements (I can already get 3 years Nationwide and 5 years Natwest but will request SAR from all 3 bank accounts I have held) 2. Contact all companies requesting full detail of my account (all previous loans/repayments and anything still outstanding) 3. Contact Credit Reference Agency Experian to get last 6 years so I can review loans and check whether the proper checks were made. So... with all that information, does anyone have any further advice, next steps, or things I am doing wrong?
  21. Every day, without fail, I receive an enquiry about an enforcement agent charging 'multiple fees' and in fact yesterday, two enquiries were received on this forum on the same subject. Clearly there is a need to provide guidance on this subject. In 2014, the Taking Control of Goods Regulations 2013 (and other supporting legislation) came into effect and introduced significant changes to previous bailiff enforcement. The situation now is that when the enforcement agent receives instructions from the creditor (commonly; the Magistrates Court (in the case of court fines) or local authority (in the case of council tax arrears) the enforcement company are under a legal obligation to send to the debtor a Notice of Enforcement. This notice must identity the debt and invite the debtor to submit a payment proposal by the date set out in the Notice. This period of time is referred to in the regulations as being the 'Compliance Stage'. It is important to note that when the Notice of Enforcement is sent, a statutory 'Compliance fee' of £75 will be added to the debt. If full payment is not made, or a payment arrangement set up by the date given, the account will then be referred to an enforcement agent. He is then able to make a personal visit to the debtors property for the purpose of 'taking control of goods'. Once the account reaches this stage....it is much more difficulty to get a payment arrangement set up. It is only at this stage of enforcement that the important subject of 'multiple fees' comes into effect. Prior to the Taking Control of Goods Regulations 2013 being introduced, it was sadly the case that the previous regulations allowed bailiffs to charge 'multiple' fees when enforcing more than one debt at the same time.This led to dreadful instances of injustice and in particular, with debtors who had one or more penalty charge notices. To avoid these situations being repeated, the government imposed a condition that 'multiple fees' cannot be applied....in certain circumstances. The actual legislation can be found under Item 11 of the Taking Control of Goods (Fees) Regulations 2014 http://www.legislation.gov.uk/uksi/2014/1/regulation/11/made?view=plain However, particular attention needs to be given to Item 11(b) as this is where most of the confusion about 'multiple charges' arises.
  22. Hi there, I'm new to this site and I am after a bit of advice please: A few years ago I ventured down the slippery slope of pay day loans, As a rule payments and debts were cleared and my experian was all up to date, I am still paying a qq payday loan back on agreement with no hassle at all, but about 4 weeks ago I took a call from an American from P2P saying I owe them over £500 and they want it immediately, obviously I disputed this and asked for more information as its not on my credit expert and all they said is its from 2013 and they don't have much more information, I have never had any correspondence from them or anything till 4 weeks ago and I'm very confused as I have spoke to credit expert and they say there is no record... Please help
  23. Multiple agreements within section 18 consumer credit Act 1974 This is just a view and interpretation of s18 CCA and therefore we would advise anyone reading this bear that in mind Section 18 can be very useful concerning agreements where there is a main loan and payment protection insurance. Firstly lets look at what section 18 says 18.Multiple agreements. —(1) This section applies to an agreement (a “multiple agreement ”) if its terms are such as— (a)To place a part of it within one category of agreement mentioned in this Act, and another part of it within a different category of agreement so mentioned, or within a category of agreement not so mentioned, or (b)To place it, or a part of it, within two or more categories of agreement so mentioned. (2) Where a part of an agreement falls within subsection (1), that part shall be treated for the purposes of this Act as a separate agreement. Ok so what does this mean, well, lets say you borrow £6000 from Nasty Banking Corp, the loan is for you to use as you like and therefore you would have fixed sum credit See s10 (1)(B) CCA, unrestricted use credit See s11 (2) CCA and finally it would be a debtor-creditor agreement as defined within s13 CCA Now if you add PPI to the loan, this changes things slightly, why? If you borrow £6000 from Nasty Banking Corp and then you add a PPI policy for example adding another £1500 of credit you are turning it into a multiple agreement The PPI is fixed sum credit as set out in section 10 CCA but it is not unrestricted use, instead its restricted use credit ( See s11 CCA) as you do not have any say over its use, it is in effect only credit for the purchase of the PPI policy and additionally it is a debtor-creditor-supplier agreement as it would be undoubtedly underwritten by another specialist insurer and not the creditor and therefore it falls within the definition given in section 12 CCA So in effect what we have with the £6000 loan and the £1500 PPI is a multiple agreement with “part of it within one category of agreement mentioned in this Act, and another part of it within a different category of agreement so mentioned, or within a category of agreement not so mentioned” This is because the £6000 is fixed sum, unrestricted use debtor creditor and the £1500 is fixed sum, restricted use Debtor-creditor-supplier Therefore since this type of agreement falls within s18, it means that as defined in s18 (2) CCA that the document is to be treated as 2 separate agreements and each agreement must have its own prescribed terms for each part Therefore each piece of credit must have its own term stating the amount of credit, repayments and all other statutory info, in addition the PPI policy would need to have a term stating the Cash Price of the policy, due to it being a restricted use debtor creditor supplier agreement. In essence there should be the following Loan Amount of Credit £6000 Repayments 60 payments of £XXXXXX Total amount payable £XXXXXXXX APR 16.9% PPI Amount of credit £1500 Repayments 60 payments of £XXXXXXX Total amount payable £ XXXXXXXXX Apr 16.9% Cash price of policy £1500 the agreement may not be set out exactly as above but that is to give you an idea of what it must contain If the agreement fails to correctly set matters out in accordance with s18 then the lender risks falling foul of the form and content requirements of section 60 CCA and could be improperly executed as set out within section 61(1) (a) CCA 1974 thus becoming unenforceable the main thing to remember is that you have two agreement within one document, so there must be a set of prescribed terms for each piece of credit, it is permissible to add the prescribed terms together and then state them as total amounts BUT they must be also stated in their separate parts. Multiple agreements falling within section 18 CCA 1974.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
  24. Hi, I have multiple defaults, all are unsettled. Most of the defaults have been on my file for a few years now but I'm looking to get a couple wiped off completely (if I have any chance of doing so, and if there is even any point at all). So my first question is, I have a default from Natwest dating back 4 years ago, so it's only a couple of years until it drops off anyway. But seeing as the original debt was only £25 and they ended up charging me and charging me taking my debt with them to well over £500, and they defaulted me on that amount do I have a case with them? Secondly, am I right in saying if I send all of my defaults an SAR individually, do they have to provide me with proof of sending me a default in the first place? Because there are two other defaults on my account that I can't remember even getting default notices for. And, if they can't prove it, is that a case also? I also have one final question, I have a few defaults, but if I can only get one default removed and not the other two is that going to make any positive affect on my credit history whatsoever? Thanks a lot. Jay
  25. Hoping someone can assist with my issue as I am pulling my hair out with this. With IE 11, Firefox and chrome, whenever I click on anything, a new page opens whilst at the same time the original page also loads. When I click on the tab (not the 'x') the page closes. This even happens with the first page as well. On my desktop, I cannot double click a program as it doesn't work. I have to right click then click 'open' for it to work. These are just a few of the issues but it gives an idea of what is going on. I have tried Malwarebytes, CCleaner and Combofix with no joy whatsoever. No issues found with MSE. I do have to say that this stops on occasion and I can use my PC normally but it never lasts for long. Anyone have any ideas??
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