Legal rights when dealing with debt collectors For more information : - Australian Competition and Consumer Commission Australia - Dealing with Debt and Fair Practices.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

Hi all, sorry if this is already a sticky but I thought it'd be good to have a central list of all their sly methods, so we can just look up one list and be on the lookout. 1) Pressure to allow access to UJM; 2) Offer of 'Digital Meeting' - I had this very recently as part of a deal so I wouldn't have to come in weekly, only fortnightly. Of course, this 'deal' is just a covert way of intruding into our lives (a LOT more often than fortnightly) when not signing, I didn't fall for it as I knew it'd just give them an unwanted vector to try contact me impromptu, then sanction me for not 'responding promptly'; 3) Offer of job search to be emailed; I deliberately print out my search just so there's no reason for them to email me - and then claim I haven't 'responded promptly' as above. So basically with both the above I am minimising their opportunities to contact me. 4) "Expectation" to spend 37 hours a week jobseeking - I don't think this is sanctionable if you can prove you applied for jobs every day. But if you happen to not apply for any on one given day, they may try probing into why.

Hi I'm looking for some advice. I have received a solicitor's letter saying that I am in arrears on my mortgage and if no agreement can be reached then the house may be repossessed. I am querying the arrears as it includes a multitude of charges etc., When I first became unemployed I requested that the arrears be added to the end of the mortgage...capitalisation...but Platform refused..because this was something that they didn't do. I also asked if I could buy myself out of the high interest rate to a lower interest rate...and they refused. My original mortgage was for £93,000 interest only. I opted for interest only because I was stuck in a really high interest rate and planned on going onto capital and interest after the initial 3 year fixed term. Remember that I asked if I could capitalise these arrears and was refused. I just discovered today that my current mortgage payment is including the arrears amount ie the £93,000 plus arrears plus charges! My mortgage payment is £288.50 per month. I pay £290. As I am already paying a higher mortgage to pay interest on the arrears and the charges...I have said that they have effectively capitalised the mortgage by adding the arrears to my mortgage balance and increasing my mortgage payment to cover the interest on this. I have asked for complete breakdown of all charges, arrears, mortgage payments and, they added insurance to my payments too at an extra £22 per month despite giving me no option to look at different quotes. The insurance is with their own insurance company and despite paying £22 every month, plus interest on my mortgage, the insurance doesnt cover me if anything happens to my home. If Platform capitalised the arrears I would be paying no more than I am paying already....effectively paying the interest on the arrears. I have had mortgage arrears before with other mortgage lenders and they did not add the mortgage arrears onto the mortgage. They were completely separate and were paid off when the mortgage was paid off. The way I see it Platform are not treating me fairly...they are receiving the interest payments for the arrears but have refused to capitalise. Is this common practice? Any help would be great! I need some advice on how to deal with this. Gemspan xxx Can somebody give me some help please? Is there anybody around that can advise? Thank you Gemspan

I used to send complaints to the OFT, Consumer Credit Fitness Department, now everywhere just seems to refer you to make a complaint to the Debt Collection Company themselves, then after months of waiting for a final response go to the Ombudsman. Can the Ombudsman fine them, revoke their license or order them to comply with something? If not, who can now the OFT isn't dealing with this? Who monitors if they are behaving lawfully and in accordance with their license terms etc.? I have found the Ombudsman to be a joke in the past and they usually just return everything to me and tell me to wait for the company who is ignoring me to reply. This is no help. Can local Trading Standards do anything? They usually fob you off and to go to the Ombudsman too. Maybe the local MP can do something but we don't have one now for 3 weeks. I am not seeking compensation. I want someone in Authority to be informed as to how the DCA are behaving and adding fees unlawfully to accounts and other dodgy practices.

Hi, I am reaching out to you as I'm absolutely exhausted with the WCA saga and I would be grateful for any help, advice, guidance, support. I'll try and keep this short... Main medical conditions: - Postural Tachycardia Syndrome - its a rare conditions, but an accurate description of symptoms is listed here: potsuk dot org/symptoms (please note: to diagnose POTS the heart rate has to increase by 30bpm after 10 minutes of standing, upon test mine increased from 65 to 140, so its obviously a more aggressive form of POTS). - Ehlers-Danlos syndrome & Hypermobility (symptoms: ehlers-danlos dot com/what-is-eds/) - Previously had spinal fusion for scoliosis, in recent years the titanium rods in my spine broke; had a two-stage anterior and posterior corrective spinal fusion operation to take out the broken metals and extend the fusion, - Major abdominal complications post spinal fusion op (just uploaded video here: youtube dot com/watch?v=P4GraSbCCy4 - eating food is not fun for me) - Divarication of recti of at least 8cm. - Depression - Other less significant conditions The WCA saga (main points only): I had returned the ESA questionnaire and a bundle of medical records in total weighing quarter of a kilo by recorded and signed for delivery. The Health Assessment Advisory Service and DWP claimed they didn't receive the bundle in time, even though they signed for it, and my benefits were stopped (including housing). I tried to dispute this, 3 separate advisers at HAAS and DWP intimidated me accusing me for not accounting for their internal delays despite having submitted my form in line for the deadline - it was as though they've been taught intimidation techniques from the same script. Anyways, after a battle that got restored. I feel sorry for those who did not send their forms recorded and signed for... Due to various issues I registered formal complaints. In a complaint response HAAS wrote that medical records prior the year 2015 might not be considered, claiming its a DWP requirement for the documents to be 'recent'. This meant my medical records might not be accepted due to a 'bad' date and I did not have enough time to get my conditions to be re-diagnosed. (Note: this is contrary to their own WCA handbook gov dot uk/government/uploads/system/uploads/attachment_data/file/535065/wca-handbook-july-2016.pdf providing that medical history should be considered). Anyway, the WCA went ahead. As expected by this point, the outcome was work activity group with compulsory JobCentre appointments under the threat of benefit sanctions etc. My GP wrote a sicknote, only to find out that DWP does not accept sick notes from sick people and their is no way to formally register sickness, so you have to go to Jobcentre or loose benefits. I attempted to go to the JobCentre, my heart rate became unbearable and I ended up in the A&E on the drip. This happened twice. DWP told me I could submit for mandatory reconsideration, but would not grant me an extension for the deadline, nor would they allow me to access my medical report before the deadline to submit for the reconsideration. Effectively I was forced to submit a blind and a very week mandatory reconsideration request simply because I had no idea what I am disputing or asking them to reconsider. Naturally, I don't expect a positive outcome from that. After eventually receiving and reading my medical report it became clear to me that the WCA was purposely conducted in a manner that would lead to a certain (unfavourable) outcome; I conclude so due to the excessively biased nature of the medical report. I find the assessor covered up my physical medical conditions and struggles, with some very significant medical history either left out or very subtly hidden at the back in the notes. The assessor went as far as to deny the symptoms of my conditions, making serious allegations and negligent recommendations. The effects/symptoms of my condition are not being recognised by the assessor (who apparently is a doctor). The assessor effectively denies all the symptoms and even alleges that I don't have any such symptoms (in relation to POTS) and that I only have an increased heart rate. It is even recommended in the assessor's report that I can "remain at a workstation standing unassisted by another person...for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion", which to me as a POTS sufferer (I faint from such activities) is just unthinkable. The assessor forgets to mention the broken metals in my spine altogether. Frankly I think the report is an outrage. I believe aggressive practices are in place to disallow positive WCA outcomes. I also feel discriminated. After getting my share of bullying from the DWP and their party of association I am starting to think it's not possible to get ESA anymore, unless you have a solicitor or the law behind you. I'm just really tired now... Any help is much appreciated.

Thanks in anticipation of any one's help. I normally pay parking fines on the rare occasions I get them. However, I am in receipt of the BW Legal 'Letter of Claim' in respect of the Peel centre Stockport parking charges by Excell. I've totally ignored them so far and will continue to do so until a summons arrives, - the reason being, the payment machine was broken, I also tried to help an elderly woman pay without success so I just got back in my car and left, total time from start to finish about 3 minutes. Consider my surprise when I get the fine from Excell alleging over 15 minutes (I think). Round about this time people were exposing Excell in the press for doing this by showing that the shadow from the sun on their cars had not moved. Just wondering if any one has any experience or comments about how to open this practice up in court if necessary. Thanks again

Hi Everyone, this is my first post and I hope I can get some help to step out of this quagmire of negative discriminatory and unfair practices that I am subject to at the hands of the nefarious Nationwide Bank. My issues began in 2014, when I had just over eighty-thousand-pounds+ (80.000.00 +) taken out of my account. It was an unauthorised transaction. I was abroad, I'd used my card three times with the same vendor to buy some tickets to watch some football matches.Three different games. The vendor said, he'd give us some tickets the next day, and other tickets would follow a few days later as the games had not yet began. The following morning, I notice that a large amount had gone from my account, I rang the bank immediately on noticing the unauthorised withdrawal, Nationwide visa disputes team assured me they'd return the monies. About 14 days later Nationwide returned just under fourteen-thousand-pounds (14.000.00). they said, they were dealing with the other transaction of the larger amount and it could take unto 40 days, yet to this day two years later I Nationwide bank has not returned the sixty-seven-plus thousand. They returned the first monies as a cash-back, and said the other transaction, all with the same company could not be returned as a cash-back . I complained to them about this and asked why it had taken them 7 months to decide against their first decision. They gave various reasons for this at different times throughout the first year. I called and wrote to the Financial Ombudsman(FOS) who, lo and behold, after a year found in favour of Nationwide . The FOS and Nationwide said, I'd called the bank while abroad and told them to release this money. I did not, I asked them to prove this by citing the Freedom Of Information Act, (FOI) neither the bank nor FOS came up with any prove, i.e. -voice recording- saying anything of the sort. after a year disputing this situation the bank and FOS, a n FOS employee who is part of the Ombudsman's team said, I should resend in my complaint as an unauthorised transaction and not as a cash-back complaint . again I duly went through the complaint process with the bank who then asked me, why did I ask for a cash-back in the first instance, I replied that it was Nationwide's visa dispute team who advise me that this was a cash-back situation, but now wiser I know that this £60K+ comes under the regulations for an unauthorised transaction. Thereafter Nationwide CEO's executive assistant replied and stated in writing via email, that Nationwide would not open this as a fresh claim and would NOT read any more correspondence from myself nor discuss this matter any further. I discussed this with the Financial Conduct Authority (FCA) who informed me that I was being treated unfairly and that the bank was in breach on around 5 of their regulations. I returned to the bank with this information and they just reiterated what they previously said, that, they would not discuss my account with me any further. again returned to FOS, with this new complaint and brought in the issues about unfair practices as per FCA regulations. The people I spoke with including an ombudsman at first didn't know and could not tell me the difference between a cash-back (which comes under the Consumer Credit Act 1974) and an unauthorised transaction (which is covered in the FCA handbook as BCOBS 5.1.11). I asked this particular ombudsperson to look it up then come back to me so we can have a proper discussion. She called me back four days later, admitting there where differences between a cash-back and an unauthorised transaction. I have this in writing too. This woman ombudsman said, in the first now closed complaint, the ombudsman had thought about the unauthorised transaction aspect of this case, - though he did not refer to it in anyway in his final decision letter - I asked her, is this some Orwellian double-speak, how can he say he thought about a transaction that comes under different rules and regulations, yet makes no mention of it in his final decision letter? I said again, this is a new complaint . When the ombudsperson kept on referring to the old cash-back complaint. I pointed out to this ombudsperson, that it is written on the final decision letter, that FOS will no longer discuss this case again with me as I now have received the final decision letter. Yet again this ombudsperson referred back to that closed case -see how they change the goal posts when it suits them- and said, I'd called the bank, which I did not, I asked them to show me the prove or get the bank to show the prove that this fact is so . I stated if this alleged conversation was a true fact this situation would not be into year 2 of it's investigation. FOS, did not show me proof of this conversation I allegedly had with Nationwide bank and even though they had advised me to return with this new complaint, they decided that the first decision on the cash-back was enough and the rules applied were the same for a cash-back as for an unauthorised transaction. The FCA said this is not so.... Note, neither the bank nor FOS addressed the complaint(s) I had written to them about where they ARE in breach the FCA rules. With all this ongoing stressful situation the bank decided to play nasty with me. now, next they offered me a credit card, so I filled in the application, passed the criteria, they sent the pin and card, Then they called me and asked me to go to the bank with ID to verify myself. I went in gave them my bank card told the branch staff member why I was there I had on me my UK passport and utility bills, the staff member said they had to call head office, I waited and waited after sitting in the bank for an hour, note: they didn't ask to look at my ID or anything else, they said, the card was revoked. They gave no explanation for this even though i called the next day, they said they would not discuss this. three weeks later, I called and wrote to them asking them to explain why? Nationwide then said, there was no problem with the card, just come into branch again to verify myself with a picture ID and utility bills, I did this again, and again after sitting in the bank for an hour they said, the card was blocked because I'd ask for a loan in 2007. I did not do this and at that time, I was working for a government in another country which is easily proved. , after leaving the bank, I called and asked what is this problem? Nationwide said just reapply and everything should go through okay. I tried to reapply numerous times - called the bank in between times to make sure everything was okay on their end, Nationwide gave an affirmative answer - yet, always after completing the application the bank say's I have a card already. I haven't a card as the card they issued they blocked it with no valid explanation to why. I called again last week Now, they are again refusing to discuss my account and again asked me to go to branch. This time I told them, I know you are acting in a very malicious and nefarious manner and I will not go for a third time to the branch as this is just a nasty game Nationwide are playing. I have written to the CEO about both these matters and I received an email from the CEO's executive assistant who stated that, on answering my complaint about 1 of the regulations of the FCA, saying Nationwide do not think they are being unfair, that they will NOT discuss my account with me and any other letters I write will be left unopened . Remember, I wrote to Nationwide and FOS about them breaching 6 of the FCA's regulations. How's that for dystopia bank style. I really need some advice, and I really need some people who have know they have been unfairly treated by Nationwide bank to join me in a Class Action against them or if there is a class action happening, let me know how to join. My apologies that this is such a long post, but this is a summary of a two year plus, ongoing battle with this unfair uncaring not on anyones side Nationwide bank. , please if anyone has any ideas of how I can get my monies returned and how to deal with Nationwide, a bank that has shown me how vindictive, discriminatory and unhelpful they can be, I would be really grateful for workable advice.

Five furniture and carpet retailers have changed their pricing practices following an OFT investigation. A Share & Sons Limited (trading as 'SCS'), Carpetright Plc, Dreams Limited, Furniture Village Limited and Homestyle Operations Limited's trading brands 'Harveys' and 'Bensons for Beds' have each confirmed their commitment to using genuine reference prices and, without any admission of liability, have made changes to their reference pricing practices. The OFT has therefore closed its investigation. Reference prices are used by retailers across their sector to advertise a bargain to shoppers, for example by comparing a lower current price against a higher past price such as 'Sale, Was £800, Now Half Price £400'. The OFT believes that consumers should be able to trust that such price comparisons are fair and meaningful and that the advertised savings (or 'price advantage') are genuine. Improper use of reference prices can mislead consumers, for example in circumstances where the 'discounted' price is in fact the normal retail price of a product. http://www.oft.gov.uk/news-and-updates/press/2014/19-14#.Uyxn-KyQYrs

Good evening, I have just been made aware of the case of a lady with some mental health problems and a mild learning disability and this company. This lovely lady has been given a flat by a housing association on a one year temporary contract initially to see if she can cope with independent living. She has brought three items of white goods from this company, each documented separately with a greatly inflated (from high street ) cash price and an interest rate of 38%! Each document lists her income, including DLA, but has no record of outgoings. My questions are as follows; 1. should the agent have disregarded the DLA of her benefits, I understand that normally these amounts are protected. 2, should the company have queried her lack of outgoings? 3. I suspect that this lady may be moved to managed/supported living soon, she is not coping very well, In which case these three unused appliances will be not required. I am looking for a decent resolution for this lady and your help would be greatly appreciated Many thanks Matt

http://www.oft.gov.uk/news-and-updates/press/2012/110-12

The OFT today issued a Statement of Objections alleging that Booking.com B.V. (Booking.com), Expedia Inc (Expedia) and InterContinental Hotels Group plc (IHG) have infringed competition law in relation to the online supply of room only hotel accommodation by online travel agents. http://www.oft.gov.uk/news-and-updates/press/2012/65-12

Written by Martin Cutts, of the Plain Language Commission, who was recently featured on BBC Watchdog when he won a court case against Excel, with additional research by Nev Metson: Parking firms whose income depends on unclear signs and payment demands are being supported by the Driver and Vehicle Licensing Agency (DVLA) through a little-known agreement with the British Parking Association (BPA). It’s led to about four million drivers being pursued for charges that many of them mistakenly think are real parking fines. In the current year alone, BPA-member firms are chasing drivers for these phoney (ie, not official) fines worth £160million using names and addresses they’ve got from the DVLA, a government agency that’s making £5million from the deal. http://s3-eu-west-1.amazonaws.com/pl...y2012AsPub.pdf Also a speech given by Martin Cutts at the Parking Review Enforcement Summit 2012. There were a number of guest speakers, including Patrick Troy of the BPA, the new BPA Head with her "Masterplan", and representatives from APCOA, Parking Eye and other PPCs. He was asked to provide an advance copy of the speech, but refused. After he spoke and sat down, you could have heard a pin drop, apparently. This is the speech: http://s3-eu-west-1.amazonaws.com/pl...ly2012copy.pdf