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Found 30 results

  1. I am looking for advice on gaining the removal of a default notice recently applied by HSBC. I'm new to this site and therefore have not previously followed any advice provided by this site. I'm requesting the default be removed from my credit reports as I believe I have been unfairly treated and this default has not been applied correctly. I believe HSBC has treated me unfairly as they refused to offer and agree a payment plan that their Final Demand letter offered, their communications, and application of process have contained many inaccuracies that have meant resolving the situation was confusing and difficult, and the detail of the registered default are inaccurate. I have already raised this with the financial ombudsman and they have upheld the decision by HSBC to refuse to remove the default (verbally stating I'd taken HSBC's correspondence 'too literally'). My next step is to challenge this decision by the Financial Ombudsman but I only have until the 13th August 2015. I’d be very grateful for any advice on how to approach this and what else, if anything, I should be doing. The background I opened an account with HSBC in 1992. I stopped using this account when I changed jobs a few years ago and opened a new account with a different bank which my salary is now paid into. As the HSBC account no longer received my salary and direct debits were still set on the account (these are time consuming to set up again), the account went over the agreed overdraft on a couple of occasions due to my oversight in managing the balance and the numerous direct debits that were set up on the account. As the account was effectively dormant, HSBC changed my account to a basic account and removed my formal overdraft in the months prior to issuing the Pre-Demand and Final Demand letters. I made a number of payments to keep the overdraft at its limit but , largely due to the fees charged by HSBC, the account did go over its limit again and (I subsequently discovered) entered HSBC’s ‘collection process’. Final Demand The Final Demand letter I received in September 2014 stated "We recently issued you with a Default Notice on the above account." I have never received one nor has HSBC been able to provide evidence of ever having issued one. Following receipt of the Final Demand notice I called to arrange repayment of approximately 50% of the outstanding sum with a suggestion of repaying the remaining balance but the agent I spoke to insisted that there was nothing I could do to arrange a repayment plan and I’d have to wait until I was contacted by HSBC Repayment Services (HRS). HSBC did not make it clear on the call that transferal to HRS would result in a default being registered and that the only way to prevent a default from being registered was to pay the full debt at that time. I consider that I was treated unfairly as the repeated offer in the letter to make suitable arrangements appears not to be genuine and as such, and for the purpose of clear communication, should not have been included in the letter. HSBC also declined my request to clarify this by email following the call. I requested this as the advice given in the letter and the conversation differed so greatly and I was confused by the unclear explanation of the process. The Final Demand letter stated "If you do not make full payment or make a suitable arrangement with us..." and under the "help is available” section specified that “if you are unable to pay the full amount at this time, please call the above number and we will try to work with you to come to a suitable arrangement” HSBC have subsequently responded to me to state that “As the Final Demand had already been set, only repayment of the full outstanding balance would have prevented the account from being passed to HRS and a Default registered with the CRA's.” I consider that I was treated unfairly as the repeated offer in the letter to make suitable arrangements appears not to be genuine and as such, and for the purpose of clear communication, should not have been included in the letter. Inaccurate registration of Defaults HSBC have subsequently registered a default with only 2 of the three CRA’s but did so approximately 4 months after they told me they’d closed the account and registered the default. I’m not sure why the default was registered so long after HSBC say the account was closed and why the default has not been registered with all CRA’s. Inaccuracies in registered default Whilst I don’t believe a default should have been registered due to lack of Default Notice, the default that has been registered appears to be inaccurate based on HSBC’s stated aim of showing “a true reflection of how the account has been maintained"”. The start balance has been registered as the default balance and the account was marked as satisfied about a week before the final repayment was made. In addition to this HSBC had never registered anything with any credit reference agency before April 2015 (presumably because my account was opened in 1992 before they were obliged to share information with Credit Reference Agencies) and as the date of closure of the account didn't match the date of closure stated by HSBC as my account closure date I don't consider this statement to be accurate. According to HSBC correspondence the closure date was in November 2014 but no default was registered until March 2015. I spoke with Experian in January 2015 and they confirmed a default had not been registered and indeed no information had been received from HSBC at all. This is after HSBC stated they had both closed my account and registered a default. This position only changed in my Experian credit file in April 2015. The implication here is that I could have applied for credit for 4 months after HSBC claimed they’d registered a default without a default having any impact on my chances to get a mortgage etc. In addition to this inaccuracy, the final sentence of the last paragraph of the first page of HSBC's letter of was incomplete and simply stated "This is reported for 6 years although”. Response from HSBC to my initial appeal I’ve written a couple of letters to HSBC raising the issues around what I consider to be inaccuracies and they’ve not really acknowledged them. Instead they state that sending other letters (a Pre-demand letter and the Final Demand Letter that referred to a Default Notice that was not sent) fulfilled their obligations under the Consumer Credit Act 1974. Response from the Financial Ombudsman to my appeal After receiving the email confirmation from the Financial Ombudsman that they would uphold the decision I requested confirmation by email that defaults can be registered without a Default Notice having been applied. "I can confirm that you are correct, in line with industry guidance and relevant rules and legislation a default notice should be issued before a default is registered to provide sufficient time for the person receiving it, to take action to try and prevent the default. However, when we receive cases of this type, we look at the overall circumstances of what has happened. As explained, simply because you did not receive a default notice does not mean the default should be removed." The Financial Ombudsman did agree that HSBC’s communication, including the call where they refused to agree a repayment plan, could have been clearer but don’t seem to be concerned by the inaccuracies despite stating that there “is a legal obligation for information that is reported to the credit reference agencies to be a true and accurate reflection of the account”. I’d greatly appreciate any advice on my chances of getting the default removed and the best approach to achieving this.
  2. Printed off my credit report last month (Experian) and had the epic 'score' of 580.... Experian emailed me today to say there had been a change on my report. Logged on to see that Southern Water had added a default to the report with a default date of June 2016, no great shakes to be fair because it improved my 'credit' score to 635!!! However, I've not, nor ever have I, received a default notice? What is the MO for these clowns? And why are Experian shockingly inept at processing personal data accurately? Leave it two years for a default to appear on a credit file?
  3. 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
  4. Section 216 of the Insolvency Act, 1986 Hi im not sure if this is the correct forum or not but wondering if anyone can help me please? I have had to liquidate my company which has cost me a small fortune. I want to trade in a similar name, which I know can be done by sending a letter/notification to each of my creditors and also placing the same in the London Gazzette. I have spoken to a solicitor who has quoted me £700plus vat to send the notices. Is this something I can do myself? Does anyone have a letter i could copy and send or is it bespoke? Also how do I go about placing a notice in the Gazzette? Many thanks for your time.
  5. I have been in writing to Drydensfairfax Solicitors back in March 2016. They are acting on behalf of their client Max Recovery Limited who purchased a debt. I had previously asked them for a credit agreement and copy of the deed of assignment. Back in March 2016, they wrote to me in reply. They provided me with a basic office copy of a credit agreement. They claimed that their client, Max Recovery, had provided them with a copy deed of assignment, and that they had attached this to the document for my perusal. Upon checking the documentation, this assignment was not present as stated in the covering letter. For the past year, I have had no response from Drydensfairfax. Today, I checked my credit agreement, and I am horrified that they have placed a default on my credit file on the 30th May 2017. Under section 87(1) Consumer Credit Act 1974, I have NOT been provided with a written default notice prior to this default being placed. Can anyone please advise me what to do next as I feel that the default is illegal!? The other concern is that Drydens should not have put the default in their name as the debt belongs to their client Max Recovery Limited. Am I correct in thinking Drydens have done this default incorrectly it should be their client!?
  6. Good afternoon. I've had quite a number of letters now from "Smart Parking", who are trying to get me to pay two notices for my vehicle in Exeter back in May. I've attached pics of the front and back of both, although as far as I can see the backs are identical. I've seen the thread with questions to answer, so here goes: They are Parking charges, not Penalty charges, and they were received through the post. 1 Date of the infringement - 27.05.17 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 02.06.17 3 Date received - I'm not certain, but I think it was the 3rd or 4th June 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] - No 5 Is there any photographic evidence of the event? - Cameras in the car park, shown on the ticket. 6 Have you appealed? {y/n?] post up you appeal] - No 7 Who is the parking company? - Smart Parking 8. Where exactly [carpark name and town] - Havens Bank Retail Park, Exeter For either option, does it say which appeals body they operate under. - POPLA For each notice I've had the notice itself dated the 2nd June '17, then all other correspondence has been from Debt Recovery Plus Ltd with letters demanding £160 per notice on 07.07.17, 07.08.17, 30.08.17, 07.09.17 and a "Letter before referral for legal action" on 25.09.17 I did call the companies involved (which I now realise may have been in error) on 05.09.17, first Debt Recovery Plus with whom I had a very simple conversation: I said "two notices for the same hour of time is ridiculous" and they said " talk to Smart Parking" so I did. They offered to drop each charge to £90 if I paid there and then, I told them to drop one altogether and they said no, so I said I was going to appeal. I haven't done anything since. I'm aware that I was in the car park at that time, I think it probably slipped my mind to check the rules listed as I'm not used to paying to park on a Sunday. The rules for the car park are that you get your money back if you make purchases in the retail park, and I can prove that I did on both visits but I doubt that makes much difference. The kicker for me is that the start of the first visit and the end of the second one are within an hour of each other, so if I'd bought an hour's parking (the smallest amount you can pay for at this location) they'd have still sent me a notice for not paying twice. I did see that the notices don't mention any time period for appeals, so in theory by the rules they've notified me of I can appeal now. I've also noticed that the charge started at £40, then went to £90 and then £100. All of this is explained on the original notice but there's no indication anywhere on the paperwork I've got saying how or when it reached £160 (although I'm guessing that they're adding more for sending it via another company, but not telling me). I'd be grateful for any advice you can give on this one. James Notice 1 back.pdf Notice 2 back.pdf Notice 2 front.pdf Notice 1 front.pdf
  7. Hi all, I have received 2 Parking Charge Notices (for different contraventions) that are at different stages. I have received the NTK for infringement 1 while infringement 2 occurred on August 31st so I still have a few days before the NTK is sent. I am looking for some advice as I feel both have been administered unfairly. Please let me know if it's advisable to open a new thread for the second PCN to avoid confusion. PCN 1 For a windscreen ticket (Notice To Driver) please answer the following questions.... 1 The date of infringement? 04/08/2017 2 Have you yet appealed to the parking company yet? No if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload has there been a response? please post it up as well, suitably redacted. [as a PDF- follow the upload guide] If you haven't appealed yet - ,......... have you received a Notice To Keeper? (NTK) - YES what date is on it - 05/09/2017 Did the NTK provide photographic evidence? YES 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) NO 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] 5 Who is the parking company? Millennium Parking Services 6. where exactly [Carpark name and town] did you park? Live in a rented flat in Cardiff, returned from holiday on August 3rd to find out the car park (private parking) was to be regulated by Millennium Parking Services starting on August 1st. We were unaware they were being brought in. Each flat has one allocated space but I live with my partner, both have cars so when the building management company provided us with permit we had one for a permanent resident (my partner uses) and one visitor pass - I used the visitor pass and placed it in the windscreen. Now the contravention Millennium Parking Services have said is that it wasn't displayed clearly. As I wasn't provided with the plastic pocket I placed it in the corner of my windscreen. The photos that Millennium have taken are from an angle where you can't see the expiry date or that it states Visitor permit. The PCN was issued 3 days after they began regulating and you can clearly see it is the permit we have been provided. What advice would you give for this contravention? I have attached an image of the permit, the permit displayed on the day and the image the NTK has provided. PCN 2 For a windscreen ticket (Notice To Driver) please answer the following questions.... 1 The date of infringement? 31/08/2017 2 Have you yet appealed to the parking company yet? No if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload has there been a response? please post it up as well, suitably redacted. [as a PDF- follow the upload guide] If you haven't appealed yet - ,......... have you received a Notice To Keeper? (NTK) - NO what date is on it - N/A Did the NTK provide photographic evidence? N/A 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) N/A 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] 5 Who is the parking company? Millennium Parking Services 6. where exactly [Carpark name and town] did you park? As mentioned in PCN1 we have private parking, and although we have 2 cars unfortunately there's only 1 car parking space allocated but there are 4 visitor spaces specifically for the building apartment. However upon moving into the flat I asked the estate agent what the process was for residents who had 2 cars and the response was that it's "first come first serve" for the visitor spaces and that other residents use them to park their car in. The contravention on PCN 2 is that I was parked for longer than the prescribed time. I have attached an image of the signage around the car park which does advise 'visitors' can only park for 24 hours and there's no return for 24 hours I work in Cardiff and walk back and forth to work my car will often be left for 2/3 days without use at a time I don't want this ticket to be the first of many. I have written to the building management who it seems don't want to get involved feel at a bit of a lose end as I can't see the point of appealing. Any help for either will be very much appreciated - please let me know if it's easier to start a second thread for the second PCN. I will be back on here around 5pm tomorrow evening so will respond to any questions or queries then. Thanks in advance guys! IMG_2700.pdf IMG_2912.pdf IMG_2991.pdf IMG_2940.pdf
  8. Dear All Almost two years ago received a claim from Restons for £2,500 but with no details. Filed defence requesting details of claim and made a CCA request. Cabot didn't come back until a week ago, with copies of some documents, containing terms and conditions, and copy of agreement, stating that they are now entitled to obtain Judgment. Have to see if it is genuine. I have noticed that they have not provided copy of Deed of assignment, I requested. Not sure if important? Also it appears that the authorisation of Cabot Financial has lapsed with the FCA, which is the name they've used on the Claim form. Does this mean that the claim is not valid and they have to reapply? Also, over half of the amount they are claiming consists of bank charges. Not sure if Default or Termination notices are relevant if they have bought any debts. Please help
  9. Hi, this is my first post on the site and I hope someone can help. I am self-employed, based at home and have 2 Limited companies (1 active and 1 dormant). Business has been very difficult over the last couple of years and cash flow has been a major problem. On the 9th July a high court writ was issued against my dormant business for £1,717.66 and Court Enforcement Services Limited were given the job of enforcement but I did not receive any Notice of Enforcement from them. On the 1 Aug, 2 enforcement officers came to my home (where the dormant business is registered) and said they were High Court Bailiffs and had come to seize goods. I asked to see the writ but they only very briefly showed my an Ipad type device but wouldn't let me examine it. They then just brushed passed me and entered my home through a patio door. I informed them that I had not received any notification which they just dismissed out of hand and said that we were now at stage 2 anyway. I told them I didn't know what they were talking about and needed to see the proper documentation. I asked what the amount owing was and they told me £3,399. I told them that the business was dormant and had no assets and they said that they would take whatever they wanted from the property and began collecting my laptop and printer. I told them that those items did not belong to the dormant company but I was told I had to prove it. I began finding proof for them and I also told them that removing any other items was going to affect my ability to work and run my active business. They ignored this. Having proved I owned the items I was asked if I was refusing to pay which I said I wasn't refusing to pay I just needed some time to get the money. I was told I needed to pay immediatley or other goods would be removed. They threatened to remove a horse transport lorry whose value is far in excess of the amount owed. I was able to prove that that vehicle was on a HP agreement. They also threatened to remove horses from our field. I had to repeatedly ask to see paper copy of the writ and they eventually went to their van and printed one. That is when I saw that the original amount was only £1717.66 and I asked why they were demanding so much more. They said it was down to the fees that had been added. I asked for a breakdown of their fees and they said they would provide that later but said that because I wasn't going to pay we were now at stage 3. I told them I still didn't know what they were talking about but they didn't explain. I had also been telling them that I could pay because I was owed money through my active business and the payments were due to go into my account at any time (I even had remittance advice notes from companies making payments but they were not interested). They repeatedly threatend to remove goods and apply more fees unless I paid immediately and they then began going round the whole of my house (kitchen, bathrooms, bedrooms, childrens rooms etc.) looking for things to remove, I told them I needed some time to make some calls and get the money, which I did. Luckily I was able to get someone to pay me straight away and once I had received the money in my account I paid the enforcement officers by debit card. They wrote me a receipt but failed to give me a breakdown of the fees. I asked for one but they claimed they couldn't get an internet signal to print it from their van. They said they would email it to me but I didn't get an email from them either. I emailed their office the next day and they provided this breakdown: Dear Sirs With reference to your email dated 2 August, please see below a breakdown in this matter as requested: Writ amount: £1,717.66 Interest on writ amount (@8%) from date of writ to date of payment: £9.46 Compliance Fee: £90.00 Enforcement Stage 1 Fee: £228.00 7.5% Fee of amount over £1,000.00: £65.41 Enforcement Stage 2 Fee: £594.00 Sale of Disposal Fee: £630.00 7.5% Fee of amount over £1,000.00: £65.03 Totals: £3,399.56 The above fees are inclusive of VAT at 20% They also added: "There is no requirement to actually remove goods for the Sale or Disposal fee and 7.5% fee to be applicable, the commencement of the process is sufficient for the application of the sale or disposal stage fee." Having done some reading and trying to check the facts I think they have charged too much because this was their first visit and full payment was made, no initial Notice of Enforcement was received, they failed to give proper notice of moving to the next fee stage, no 'Notice After Entry' form was given, nothing was itemised or removed, no control of goods notice was written up or issued. They also knew the exact total figure (Including the fees) shortly after entering the premises. They provided no explanation of that, or their fees and no explanation of my options/consequences etc. They were just very high pressure and applied more pressure whenever I asked a question. I am going to make a complaint to them because I believe they have charged too much and I think I should be refunded some the fees. I accept that they attended my property so up to level 1 Attendance on the fees scale is correct but above that I think is incorrect. Can anyone with knowledge in this matter please advise me? Sorry if my post is too long but I wanted to give as much info as possible. Any help or guidance will be greatly appreciated! Thanks.
  10. Hello Everyone! I had a Natwest Mastercard account, which was defaulted in 2006. I have been paying off monthly sums direct to Natwest every month since, no PPI and interest not being added. Late payment and overlimit fees of £175.00 unclaimed to date. Account balance approx £8K The account has never ever been shown on any CRA reports, even before defaulted. Natwest have now advised that they have now "partnered" with Wescot Credit Services, who will now "manage" the remainder of the repayment plan, and that I should continue to maintain payments direct to Natwest. In view of this, I made a CCA request under section 78 (1). Their response to my CCA request was, as the account was opened prior to 19th May 1985, that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 applies to the account, and it is therefore sufficient for them to send me a copy of their current terms as a "true copy", and therefore the agreement is enforceable. The copy that they provided is headed "Credit Card Agreement regulated by the Consumer Credit Act 1974, and is on the reverse of a "Replacement credit card" letter, addressed to me at my current address, not at the address where I lived at when the account was opened. Are they correct in their view that the agreement is enforceable? As usual all comments welcome. Thanks t
  11. Approx two years ago the Local Government Ombudsman changed the way in which they record decisions. Previously, when a final decision was made, copies would be sent to the relevant local authority and the complainant. The significance of the change was that all decisions are now made public on the LGO website three months after the decision. There have been quite a few recent decisions made to the Local Government Ombudsman concerning successful Out of Time witness statements to the Traffic Enforcement Centre and the position regarding 'bailiff fees'. Up until this decision, most local authorities when notified of a successful Out of Time witness statement will refund some or all of the amount of the PCN...and will then advise the individual that they must contact the bailiff company for a refund. Out of Time witness statements and the Traffic Enforcement Centre are subjects that I am passionate about and this is why I am DELIGHTED to read this very recent decision (made public on 23rd March 2016) from the LGO regarding London Borough of Haringey. The LGO advised LB of Haringey that they should refund Miss X the following amounts: Charge certificate surcharge of £65 TEC court fee of £7 Bailiff fees of £310. Analysis: Item 17: As detailed at Paragraph 15, the TEC’s decision to accept Miss X’s late witness statement ordered that recovery action be taken back to the original PCN. While the Council says it has discretion over whether to refund fees in this situation as the TEC’s decision makes no direction on this point, the TEC’s decision clearly directs the revocation of the order for recovery and the cancellation of the charge certificate. These documents form the basis of the Council’s action from December 2013, as well as the further fees added to Miss X’s debt. Item 18. The Ombudsman considers in this situation that as the TEC has withdrawn the basis for the fees, the Council cannot legitimately refuse to refund them. Had the TEC’s decision not intended to result in this action it would be meaningless as it would have no effect. I therefore consider that the Council’s refusal to refund the fees resulting from steps in the process which the TEC has ordered are cancelled, is fault. http://www.lgo.org.uk/decisions/transport-...ties/15-000-612
  12. I have a number of defaults on my credit reports they are about 4 years old. I am thinking of writing to each creditor/collection agency asking to produce copies of the default notice and the credit agreements. My question is this. If a creditor or collection agent cannot send me copies of the original default notice and the original default becomes unenforceable is it possible for them to issue a default notice following this for the same account? therefore a 2nd default on that same account would be on reports for another 6 years? Thanks in advance.
  13. Can anyone here confirm how long it takes Parking Eye to process their charge notices and when the charge notices was actually received. I received a Parking Charge notice long after the statutory 14 day period had expired. Their envelopes don't show a postmark so I can't date when the notice was sent although the "Date Issued" shown is within within 8 days. I know this to be untrue, what can I do?
  14. My dad has received 2 parking charge notices through from Smart Parking, he's the registered keeper but I drive the car! I parked in a retail car park on two separate occasions both times it was at night, they've taken pictures of the car entering and leaving the car park, and they have charged me £50 on both tickets and after 14 days it will go up to £85. I need a bit of advice on what I should do? I thought about ignoring them but because I have 2 tickets would they be more inclined to take me to small claims court? or should we appeal and state that we are unsure of who was driving and fingers crossed they cant zoom in on the picture and identify who was driving the car? (the pictures aren't great as it was dark on both occasions) I've read so much about private parking fines and how they are not a legit legal fine from police/council or whatever so dont want to pay both the fines if i could potentially get away with it! I've had a look on the BPA website and i think they are an approved company but I've never had a private parking notice before... definitely not 2 in the space of a week! can anyone advise?
  15. Well where to start?! I have been with O2 for many years now and decided in March of this year to upgrade my phone. I was told as an existing customer the £130 upfront fee would be waived, which set my decision to stay with O2. I was sent an email link to sign the agreement online and was told my phone would be with me the next day. This really was too easy to be true! I tried to sign the agreement but each time I got to a certain point the website came up with an error and I was unable to complete the order. The order was reset about 3 times by O2, but each time the same error appeared. I was therefore told to go into my local O2 store and they would do me the same deal. After dragging my 3 year old daughter along I was told at the store that they are a franchise and unable to do the same deals. After speaking with O2 again I was told there did seem to be a problem and to wait 24 hours and try the link again....surprisingly this still didn't work. I was therefore told to go into the O2 store again and pay the £130 upfront, and they would refund this to me, so that's what I done. It took around 6 weeks to get the money back from O2, and would have taken a lot longer had I not complained several times. Anyway, when the same day I received the refund I also received a default notice saying I owed O2 £130! I called O2 to find out why I had been sent this and they advised that it was an error and the system had automatically generated the letter. I was told I wouldn't hear anything further. 14 days later I received another letter advising that because I had not paid the debt, it had been passed to debt collectors. I called O2 again and was told the same as before. A couple of weeks after that call I received another default notice for £18, which is the amount of my airtime plan per month, and which had already been paid on time. I called O2 again and was told the same thing again. No one was able to confirm why I had even received this one, as there is definitely nothing owing on my account. I asked this time for them to send me a letter to confirm that I did not owe any money, which they did. Today I have received the same second letter as before, advising that it has been passed to a debt collection company. I think it is pointless calling O2 again, as I am just told the same thing every time. They are so matter of fact, no apologies, just putting blame on "the system". Nothing has appeared on my credit file as yet, and have been told that nothing will be, but I am seriously lacking any faith in O2 at the moment. I have spoken to the CAB who have advised me to write to O2 and ask for copies of conversation recordings, which they should have under the Data Protection Act. I looked on O2's website today and they say these can only be requested through a Solicitor, which isn't a problem as I work for a Solicitor's firm, but it also mentions something about a Court Order. I am really confused, and not sure what my next steps should be. In all honesty I just want to cancel my contract now, but not sure I have any right to do so. If anyone could offer any advice it would be appreciated.
  16. Can anyone give me advice about payment notice from Athena,Lidl carpark. I parked in their carpark on Wednesday and stay longer than I should have:| My husband received a notice for payment of £50 if paid in 14 days or £100 if not:-x What do I do:?:
  17. I dont know if any experts on here can help with this one, it is a bit complex! Is is correct that creditors are not entitled to charge interest on a secured debt after bankruptcy occurs? What legislation allows secured creditors to just sit on their security...? because essentially all debts, whether they are secured or not are in fact included in BR. Anyone with any legislation would be gratefully received.....
  18. Hi, I have just received through the post 2 speeding notices, one for 38 mph and another for 42 mph, I am assuming it was a 30 mph limit. They are both for a Sunday Morning one Week apart on the same stretch of road, I had just started a new contract at a company and was following my Sat Nav. I accept of course that relying on a sat nav to beep if your over the limit isn't any excuse and being in an unfamiliar area is again no excuse. My beef is that had I known I had been done for speeding on this stretch of road on the first Sunday morning, I would have been able to be more vigilant the next Week when I was travelling there. So I feel it is unfair to prosecute me twice in this situation. I am thinking to go to court and plead my case, has anyone else had a similar experience? Ian
  19. I have noticed that there are hundreds of parking threads, and a few stickies, but I have not seen a definitive one with instructions for us if we receive a parking charge notice. I (apparently) received a PCN in Iceland car park in Andover from Horizon, on 29th October. I received 2 days ago dated 2nd december a letter from Horizon to me as the registered keeper, suggesting that I pay £80. I went into the store today and spoke to the manager who was wetter than a wet weekend in skeggie, so now what do I have to do, to not pay this charge? Many thanks added sorry but forgot. the charge is for failing to pay for parking. at 0910 and the car park was almost empty.
  20. Today my wife received a package from Drydens with a copy of an application to remove a stay and proceed in court. It was stayed on the 28th Dec 2013 after they never came back to court following sending our defence. Brief outline wife got cancer credit card unhelpful when couldn't pay so didn't pay. Sygma bank wouldn't supply information asked for and issued default. drydens also wouldn't supply info but eventually supplied copy of agreement which we noticed although signed by my wife it was unsigned by the bank. I am defending the case under POA as my wife is still having treatment and is suffering from depression. We were defending on the agreement unsigned by the bank and not being supplied with evidence of the debt. Today I noticed the copy of the default notice drydens enclosed is different to the actual default notice we received. They are even dated 2 days apart. Also does a default notice have to tell you the outstanding balance?. I have attached both notices.
  21. If you have a loan (with PPI) that you cannot repay and it is sent to Recoveries then any PPI payments made should be used to reduce the loan (Consumer Credit Act) read the Default Notice. Make sure that the bank does this Lloyds did not do so with mine and am in dispute with them over this.
  22. Hi I have received 2 separate notices from ANPR Ltd. One is an outstanding Parking notice relating to one particular date and the other is a Final demand relating to another date. This is the first I have come across these charges as there was no ticket left on the car window. I have read on this forum that initial step is to send a generic appeals letter to ANPR first. Shall I send 2 separate letters explaining that I wish to appeal each notice or shall I send the one letter covering both notices. Also in the letter I was going to say: signage was not visible to you in the dark and therefore no contract was offered for consideration due to inadequacy of the signage indicating the conditions of parking. Secondly, the charge does not reflect a true estimate of loss to ANPR caused by any breach of the conditions Please provide me with a POPLA code so that I can refer the matter to POPLA. This appeal has been sent with proof of postage Would the above be enough at this stage? Thanks
  23. I am in the process of serving court papers on a creditor with regards to an invalid default notice, which in turn has led in my view to illegal reporting of a default to a CRA under Section 14 of the Data Protection Act 1998. I see the Interpretation Act and the Practice Directions of 1985 quoted frequently on these forums as follows: Interpretation Act 1978, Section 7 Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post." 2. Practice Direction Service of Documents - First and Second Class Mail. With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore. 1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post. 2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:- (a) in the case of first class mail, on the second working day after posting; (b) in the case of second class mail, on the fourth working day after posting. "Working days" are Monday to Friday, excluding any bank holiday. 3. Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used. 4. This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process. 8th March 1985 J R BICKFORD SMITH Senior Master Queen's Bench Division My case rests on the above Practice Directions, as the required 14 days for remedy would not have been given if the 4 working days definition above of second class post is correct (there is no proof of postage, and the default notice makes no mention of how it was posted). The creditor's legal department have written to me claiming that the Practice Direction is "not current or good law" and they therefore use the Royal Mail's websites definition of second class post, which is 2 days including Saturdays. I see the above Practice Direction quoted by many people preparing actions or defences on this site but have not come across anyone else being told that this law is not current, nor can I find any clarification of this online elsewhere. Does anyone have any sources I can use to state that the 1985 Practice Direction definition of second class post is still in effect, or anything to suggest the contrary is the case? Any advice is much appreciated
  24. One or two people have asked me the question of whether the new "owner" of my debt is registered as such on my credit file or has listed me as a defaulter. What is the significance with this? If the DCA is not listed on my credit file does this mean anything?
  25. Hi I'm just looking for some advice, I had a guy from Marston turn up this morning, guessed it might be debt collector as going through a bad time at the moment (unemployed) so did not answer. However he pushed a 'Removal Notice' through the door, on which stated that despite previous visits and notices the matter had not been settled. 1, I have had no early visits or note saying they had been to the house. 2, I am sure I have had no correspondents from them ( may have binned one ?) 3, I thought a warrant had to be issued. There is a Parking Fine to Andover Council from last year, however I do not own the car (my son) but is in my name. I've just a old letter from them.(son should have paid). ? can I pay the council £75 or Marston who want £339.04 and probably rising. any advice welcome
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