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Found 19 results

  1. Hi All, Looking for a bit of advice. I am in the process of drafting a complaint to lowell about a 02 refresh bill which I had to default on earlier this year (out of work for a three months). Lowell are claiming £370.10 owed which when I looked at my 02 bills on 02.co.uk seems wrong. I think this relates to unpaid airtime till the end of the contract. I read somewhere that charging till the end of a mobile contract which is defaulted is deemed unfair under consumer regulations. Is this true? and if so can anybody point me to the regulations or relevant case law? Thanks Andrew
  2. http://www.financial-ombudsman.org.uk/publications/ombudsman-news/144/144.html 144/3 – Mr A complains that his home insurance is too expensive Mr A, in his eighties, had been living with dementia for a few years. He didn’t use a computer, and his wife, who’d always taken care of the home expenses, had died about seven years before. So after this he’d asked the insurer to send things to him by post. Mr A’s nephew got in touch with us when helping his uncle out with his household finances. He’d noticed the home insurance for his uncle’s two-bedroom terraced home was £1,400. He’d found similar policies online for as little as £150. Indeed his existing insurer was quoting £300 for more comprehensive cover. He’d been with the same insurer for 15 years, originally taking out the policy for £200. The policy had automatically renewed every year and Mr A had never made a claim. Mr A’s nephew complained on his uncle’s behalf that the price of the policy wasn’t fair. He told us his uncle was very upset to think his insurer had taken advantage of his loyalty. In response to Mr A’s complaint, the insurer said the price was correct and that the quotes on their website were lower because of “online discounts”. Mr A’s nephew asked for our help to sort things out. how we helped When considering whether Mr A was treated fairly, we looked at whether he’d been given clear information when his insurance was due to be renewed. He needed to have been able to make an informed decision about accepting the price and cover offered. Mr A’s renewal documents were sent to him by post. And for the first four years the price had increased very little. In the fifth year, it went up by 15% and by similar amounts after that. The insurer’s renewal letters told Mr A that as a valued customer he’d received a number of discounts for making no claims and staying with them. But we thought the difference in price between Mr A’s policy and the online policies couldn’t be explained by the online discounts alone. The renewal letters also referred to other policies being available, but said that unless his circumstances had changed, Mr A didn’t need to do anything. Overall, we thought that the information he’d had at renewal could have been misleading. From what Mr A’s nephew told us about his personal circumstances and his lack of direct engagement, we thought it should have been clear to the insurer that Mr A might need additional help in making an informed choice about whether to renew his policy. We didn’t think the insurer had done enough to let him know there were other, potentially cheaper, options available. Increasing his price each year without taking into account Mr A’s needs had left him potentially susceptible to detriment. We thought that his vulnerability should have been apparent from the fifth policy year onwards. That was also when the price of his policy had begun to increase significantly, the original new customer discount having been recouped by then too. We told the insurer to refund the difference in premiums, with interest, for each year between the price paid after five years and the subsequent renewal offers. The insurer also accepted our recommendation to pay £150 for the upset they caused Mr A.
  3. Hey Guys, I'm following up on some recent developments (though still not confirmed), that a DCA has recently won a claim in Glasgow Sheriff on the basis that a clause witten CCA stated the contract would be treated by English law would be subject to England's statute limits instead of Scotland's. Assuming that this has happened and no appeal's being persued for this case, or if a potential appeal also fails; where does that leave people in Scotland with their devolved rights? Is Scottish the time limit out of the question now for most credit disputes? Is it valid that most CCA's don't properly explain that you'd be derrogating your local statute rights in place of the creditors preference? Assuming Scottish Statute laws are overrided, will this be the same for Scottish jurisdiction laws?..... And will that lead to a slipperly slope where people in Scotland will have to start disputing claims made against them at Northampton County Court? Thanks Guys, all the best
  4. Sent my appeal off with some brief details of why i was appealing , Had a Letter from DWP confirming that they received my appeal, and about how much ESA i will get until it's heard, But so far over 1mth since requesting the full written statement of the Atos wca Form IB /ESA85, But so far i have not been sent it, The person that i recently spoke with from DWP ,Confirmed that they could see that i had previously requested it, but could not understand why i had not yet received it, What can be done to force them to supply this info,(assuming it actually exists) ?
  5. Recent High Court PIP Judgement Affecting those with Psychological Distress High Court. RF v Secretary of State for Work and Pensions: http://www.bailii.org/ew/cases/EWHC/Admin/2017/3375.html The High Court Judge: - quashed the new regulations because they discriminate against those with disabilities in breach of Human Rights Act 1998 obligations. - declared that the Secretary of State did not have lawful power to make the regulations (i.e. they were ‘ultra vires’) and should have consulted before making them. Yes the Government is going to appeal this Judgement at the Court of Appeal so we will have to wait and see the outcome of that Appeal.
  6. I did a Google search for recent court cases, I typed Swift Advances cases 2017. A link appeared to CAG this forum. It took me to the Swift page here not to a specific post. The search description said, 15th June 2017 views 10076 + post Swift have been ordered to pay..... I can't find this post in Swift forum. Can anyone throw any light on the info provided please.
  7. What with advice changing from that given a year or so ago, I thought I would just ask a couple of questions regarding a recent private parking charge. a charge was sent to the registered keeper of a car parked on council owned land that had a private parking firm (Premier Park Ltd) enforcing access to a site by way of APNR system. The driver has to access said site to gain entry to the work place, and had been using the site for several months whilst the ANPR was active, without any charges at all. Driver was led to believe the car was registered on the system by his employer, but in fact wasn't. Although when employer was approached, the car was immediately registered. This was too late obviously to avoid the one off PCN, even though the car was parked prior to and after the PCN issued. Employer insisted to ignore all letters from the parking firm, and consequently the registered keeper (who wasn't the driver) is a few months down the chain with increasing charges applied against them. No appeal at all has been made (taking the employers advice quite literally) Advice also from other drivers on same site that have also received PCN's from the same private firm, have said they totally ignored all letters, and after several months, the letters stopped coming. In this case, the keeper has had a couple of debt collector letters demanding payment, and also suggesting if payment is not received or failure to acknowledge the letters, it will result in a solicitor stepping in and court action following. So the question are:... Can you ignore a letter implying court action is imminent ? , and what would be the consequences of ignoring this? Is court the only way to settle this now? Would the keeper (who wasn't the driver) have to go to court, or can the driver go instead? Is it now too late to appeal anyway? (The appeal I guess would go to the Parking firm, not the debt collector) Others have suggested a letter accompanied with a cheque to cover the original charge could be sent, explaining the extra charges added to the original fine are excessive, and the enclosed cheque is sent with the understanding that the charge is now dropped, and no further letters are to be sent..... etc etc But does that actually work? Also, cheques and letters in the post all take time, so could overlap yet another demand with yet higher costs en-route to the keeper. Which would take priority so to speak? Any advice is greatly appreciated.... Thanks
  8. Hi all I need some general advice, or just someone to help with throwing some thoughts and ideas around. Trying to cut a long story short, i work as a mobile engineer for a firm travelling and repairing all over the UK. Back in October i was seriously injured in a freak accident (not at work i should point out!) and was hospitalised for weeks with several operations on my legs carried out. I have been signed off sick ever since then. My wounds are now healed over and scars are healing up slowly thankfully. But i still struggle to kneel down, need a handrail to use stairs and chances of climbing ladders are not great right now due to my scarred legs, and no idea how well my legs will take to hours of driving a day. My doctors have now said no more sick notes as i am able to work again, but need to take it easy on my legs, My employer says that my job hasn't got any "light work" and is naturally demanding on my legs and they will need me to carry out all of my duties if i am to return to work. So you see my catch 22 situation. Part of me wants to resign as i am not able to carry out the job at full fitness right now, and to be honest would like to get away from the firm anyway as they not been very helpful or supportive at all. But of course if i resign i have no chance of any benefits etc whilst i search for a more suitable local job. Or would i, as essentially my inability and hence resignation has been caused by injuries. On the flip side the firm wont fire me or lay me off as they would be worried to be seen to be unfair etc. And the doctors wont sign me off anymore as they see me walking about (albeit limping) and assess me "fit" for the workplace! Im truly stuck and no idea where to turn. I cant go back to work as not able to carry out duties fully to firms wishes, cant claim sick pay or benefits as wont have sick notes from doctors and yet of course i have Rent, bills and life to pay for. So if anybody can shed some light and help please? Where would i stand benefit wise if i resigned and claimed that i had to as unable to fulfil my role due to injuries? I am of course looking for new work locally and less physical but of course that is taking time. Or can i somehow appeal against GP not signing me off as i clearly not fit my "my" particular job? Thanks all
  9. Bit of an odd one. The wife had a letter today from Barclays: The loan they are referring to is a loan she took out 8 years ago to pay for a new car (in fact the car salesman helpfully arrange the finance package, earning himself a nice fat kickback in the process, but the provide was Barclays). This was before I met her (the good old days), and when we got together I encouraged her to use her savings to get it paid off early, rather than continue to pay high interest rates. So I'm wondering why Barclays are now contacting her offering her money (albeit only a fiver). I'm sure it's not out of the goodness of their hearts. Has there been some recent scandal (like with the misselling of PPI) and they are being forced by a regulator to issue refunds?
  10. OK guys, here we go. Made redundant from work in october 2000, long story short all my creditors went default before I got back into work. RBS particularly harsh, really dragged their heels concerning my PPI claim etc. When my personal loan and royalties account overfdraft went default, I got battered for charges. Been paying them back since may 2001, never missed a payment, always made the increases when asked. Over the years I've received letters from their CMS in telford and another company (whose name escapes me but I will dig it out) who appear to be a DCA acting on their behalf. Payments always made on time into my account at my local branch, using my account number and sort code. 2 months ago CMS telford wrote to me with instruction to now pay into a different account number and sort code. Have recently received another letter from CMS telford asking for an increase in payments that I just cannot meet. Not particularly scared about this as they simply cannot have what I haven't got. Question is, can I S.A.R - (Subject Access Request) them and claim back anything?
  11. Dear Sir/Madam, I work in health care. While working I received a phone call from enforcement officer who had court order to seize my assets to recover debts. Now having said this, let me begin with this - never asked for any debts and nor have borrowed any money from banks. I still don't even own car or house. Fortunately no educational loan either. Following this initial shock and support from senior colleagues who understood my situation kindly offered to help and contacted the officer. Came to realise that there was overpayment from nhs in 2012 for which they had send notifications and orders to Old address which again is staff accomodation no longer lived since 2012. The court sent enforcement officer to seize my debt. Further to this, it was myself who contacted my employer in 2012 that they were paying me when I was not working any longer for them. I was waiting to pay them back. After 2012 , I had changed 4 addresses due to work and this organisation never bothered to ask me or obtain information. They seem to have been corresponding to old address and then sent notifications from the court to the same address and court sent bailiffs behind me. After all this they found me in some other address and called me with threatening messages to seize my assets ( dont have much ). Now in the eyes of the court I have to pay interest and court charges for no knowledge of what was happening with sudden bolt from blue. They have messed up my credit report and asking me to pay private solicitors because the stage is too late. I am lost for words here. Also type - 'Barts overpayment error' in google please ( it s not letting paste link here ) This trust is notorious for bullying and harassment of staff members ( please type Barts nhs bullying) - it affected my personal health too. My points are - I definetly owe this overpayment, I had decency and courtesy to tell them they overpaid and was waiting for them to contact me either by email instead of sending notifications to wrong address ( staff accomodation where they can physically check If I still lived or not and tried to send me notifications before Enf Officer embarassing presence and unnecessary tensions created in life for which I had to take leave resulting in thin staff in already overstretched nhs.
  12. Hi I have recently bought a 8 year old van the van was scrap engine had blown up and I payed cash to the original owner. The vehicle was on lese purchase and wich he said he had paid all in total the. The finance company have contacted me asking for £500 to settle bill?? Just looking for some advise on how to deal with this situation Many thanks
  13. Hi, I received a very unexpected letter from my local council just recently regarding council tax. I am a single father living in private rented property who has MS. I am on ESA (support group) & PiP (Enhanced mobility & Daily living component). The letter stated that as of now, due to council budgeting, the council could no longer afford to subsidize the council tax & I was henceforth required to pay approx £200.00 (with offer of installments) to cover my council tax & presumably each year that follows. Now, I am not disputing the money here, what I am curious about is if this has happened in other council districts, whereby the council tax has wavered/paid the tax for people & also why I wasn't aware that this was the case previously. The thing is, for the last few years, they always sent out a council tax bill showing lots of figures then an 'amount you owe=ZERO' at the bottom so I always assumed I was somehow exempt due to my circumstances. If they have been paying it for the public for some years, then well yes this is very generous &, most certainly, one would think would attract voters so a win win for the council. I really do not wish to stir up any problems with my local council who, to be very fair, are very 'automated' in keeping the housing benefit coming & I hardly hear from them at all, sometimes for years at a time. I am just curious as to if anybody else has come across this recent state of affairs, whereby the council was subsidizing fully the tax, then perhaps the notification that alas they cannot do that anymore for economical reasons. One other question, is the £200.00 figure per year correct for a single person living alone such as I am in a privately rented accommodation? thanks in advance, i always appreciate this site, it's very existence is like a permanent weight off my mind, you guys do a remarkable job.
  14. Hi, Sorry to bother you all. I am new to the forum and looking for some much needed advice. I recently got my credit report after being rejected for a simple business account. On there I have a ccj issued by Northampton county court. I contacted the court today who told me the judgement was for a credit card and gave me the details of the solicitor involved. I called the solicitor and here are the details I found out. I apparently defaulted on a credit card in may/2008. Then the ccj was applied in feb/2013 I wasn't aware of the debt as I split from my wife in 2008 and left the family home so haven't received none of the correspondence including correspondence for the ccj. I am presuming the debt is mine. But I'm wondering where I go from here? I also presume even though I haven't acknowledged the debt for over 6 years it can't be statute barred because I now have a ccj for it? Sorry for being long winded but I'd love to get this resolved. If the debt is mine I will be more than happy to set up a payment plan but won't be able to pay in full as I can't afford it. I am currently setting up as a sole trader which cost very little. Just wanting to get my credit report sorted as quickly as possible. Thanks for taking to time to read this and hope to hear your replies. Regards
  15. Hi, this company ring me most nights, email me and call threatening an agent to come round. I am currently on jobseekers and i tried to reason with the company who wanted at least £80 a month towards a £400 bill. I live with my parents so most of my money goes to them who are also struggling. They have rung my parents house asking for me and my parents are going mad because they wont tell them who they are or what they want, only demanding that they will be visiting soon, im getting sick of this and wondering why they are allowed to book appointments to our homes without permission, and will also set deals of £80 paybacks a month to the un employed, can anyone help me with what to do as im loosing my patience. Thanks
  16. A friend has recently lost her Empyment support Allowance and is most distraught.It appears the assesment was rushed and bears little resembelence to her and her condition at all.Is this normal ?
  17. Can those more knowledgeable please confirm my understanding of recent cases... I have received a number of letters now for overstaying a free period of parking and the advice I took from reading this and other forums was to ignore which I have done so far. However 1. With the Parking Eye v Somerfield case...is it correct that the judge has said that the initial or lower charge is acceptable and therefore enforceable should a claim be made at a small claims court but that the higher amount is a penalty and therefore uneforceable.. 2. that the VCS tax tribunal case stated that only the landowner can take out a claim.. Therefore if a parking company has an agreement with the landowner to carry out proceedings then, is the advice still to ignore, How do I find out if the parking company has authority from the landowner
  18. Hi all, Just been informed that O2 are not offering any compensation or refunding the cost of 1 days service after Fridays service loss. Do they not have to refund the cost of the days loss of service as I am essentially going to be paying for something I didnt receive? Dont think I have a case to exit my contract FOC but its the principle of the matter. They should at least refund the cost of 1 days service, I know its about £1, less in some cases. I am so mad at this company. I do regret renewing my contract with them. Only 22 months to go!!!
  19. Hi all Hope you dont mind me posting, Ive gleaned a bit of info from this forum which is great but would love some personal advice relating to my circumstances. In April I had a notice from Jacobs and tried daily (3-4 times a day) to call the bailliff in question. to no avail. in the end I called them and they laughed about how this baillif was a liability and i set up a payment plan. Shortly after, my partner was taken into hospital (7 months pregnant) and transferred to manchester Royal some 50 miles away. Due to the circumstances I moved with her staying in a hotel and crippling myself! unfortunately, i failed to keep up with their repayments. On the 6th May my partner gave birth to our daughter and sadly 10 days later our daughter passed away. i have only recently gone back to work after 5-6 weeks off (self employed, no income). Today I had a removal notice come through from Jacobs telling me they will seize my goods in 24 hours. from what i gather, they cannot do this as they need a walking possession etc and considering I have never met the guy it would be unfair to break in after 24 hours. Can they take my recent bereavement into consideration? What on earth can i do. The debt is for council tax and totals roughly £1600. back at work, it will take me approx 5-6 weeks to get this paid off. Will they listen to me!????
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