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  1. Good morning all Have been an avid reader of CAG for some time. I currently have an alleged debt with shop direct which is being dealt with by Lowells. The debt is for £2k+ I have read the guides and templates available and sent a CCA request to Lowell's in November. I finally received 2 signed documents. You can see on one document the key financial info is set at £36. The other document Is signed and the account number is the same as the first document. Note that the dates are different so the documents were not signed together. Any help or pointers would be greatly appreciated. Many Thanks
  2. My girlfriend and I went along to a trial session at a local fitness centre we had been told about. After the session, we sat down in the café and received a free (freshly ground) coffee as we discussed joining permanently with the trainer. The conversation was brief, 5 mins max. It involved an iPad on which she showed us the booking app they use and details of the different memberships. We opted for the couples membership at £88.20 per month (endorphin levels were sky high so this sounded like a great deal at the time) plus we get some free gear and a club-branded item of clothing of our choice, each. The club was only a few weeks old at the time, and it seemed like the trainer who was signing us up didn't know exactly how to navigate the sign-up procedure, but we got there in the end. We handed over personal details and my girlfriend gave her bank details for the direct debit to be taken out each month. We immediately had to pay a pro-rata fee of £67.62 for the first month (September), oh and a joining fee of £50 (!?). A few weeks later and reality hit, we were never going to get our moneys worth from this club and had only been a handful of times in the first couple of months (lets just blame it on our 'busy' lifestyle) We paid again at the beginning October but then my girlfriend finally rang up to cancel. This is when she gets told that actually she can't cancel the membership as (duh) we signed up to a 6-month contract. Instead, they suggested that 'we had joined for a reason why don't we just pop down and give it another go'. My girlfriend expressed her surprise at the fact that we were committed to anything, to which they told her all of the details were in her contract. She went on to ask for a copy of this contract, that she had never seen before. They did email her a copy of a black and white contract, which was filled in with her details and with all of the terms and conditions. It included our joining date and commitment period end date. At the bottom, there is an Application Declaration section, with signature boxes which were (obviously) blank, because this was the first time either of us had seen this contract. Page 2, there was a physical activity readiness questionnaire (blank with empty signature box) Page 3 was a copy of her direct debit (blank with empty signature boxes) She informed the club that she was cancelling her direct debit as these contracts they had sent were quite clearly unsigned by herself, and that she was never informed and/or agreed to the long-term contract. They never acknowledged this email. Fast forward a couple of months and she receives an email from a debt collection agency after a payment of £610.26. She rang this agency and told them the whole story. They agreed to put everything on hold and contact the club. The next day, she receives an email from the agency stating that they had contacted the club and they had been advised by their client, that we set up our membership via a tablet they handed to us, that we had agreed to tick and had agreed the terms and conditions in order to proceed. And that they had no written confirmation of us wishing to cancel our membership (bull****) Therefore they look forward to our payment (of which late fees had been added) Their t&c's actually say they may charge a fee of no more than £15 for failed direct debit payments and any unpaid fees referred to a debt collection agency will be subject to a charge of no more than £30? But that's besides the point. We/my gf were never told about the commitment period, and never signed anything. They sent us a copy of a completely blank contract. We're only 24/25 and have no experience of anything like this, do we just ride it out? Could we be caught out somewhere along the line, even with them having no signature? We've watched hours of Can't pay we'll take it away, should we expect to see ourselves on Channel 5 next year? Thanks in advance for any help. P.S. We never received our t-shirts.
  3. Signed a solar panel maintenance Contract in home for 3K (deposit paid on CC), with no mention of 'cooling off' period. in Contract. So how how long do I have to cancel the Contract & recover my deposit (s75)?
  4. Hi All I've read a lot of horror stories about Utility Warehouse but none that quite matches my scenario. My partner and I recently moved house and the previous tenants must have been with Utility Warehouse as we received tons of mail from them, telling us the house had previously been supplied by them and trying to coerce us into sign up. I only opened the first two and consigned the rest to recycling. Then today, I received a letter in a plain white envelope, which I opened. The letter is a demand for a 'missed payment' along with a membership number. It is addressed to a Mr . It also states we will be liable for a £6 late payment fee. Now, I've written to them stating neither they, nor anyone else, can enter us into a contract without our consent, and telling them where and just how far up they can shove their unsolicited spam, I was wondering if anyone else had experienced this? I'm guessing they were forwarded our details by the letting agent (as the current supplier) but has anyone else experienced this? It's one thing to bombard you with marketing mail in the hope of signing you up, but it's quite another to sign you up then claim you've missed a bill. This crosses over to fraud in my book. Thanks.
  5. Hi A DCA that I have been making regular monthly payments to are unable to show me a signed credit agreement. Does this mean the debt agency are unable to come after me for any more payments? I am thinking of offering a f&f to get rid of them. PLease advise. Many thanks
  6. I had my ESA stopped which is now pending an appeal, I have had to do a joint claim to claim UC, what a nightmare this has been. My original claim was from the the 23rd June and they have in therefore paid me four weeks instead of five, 23/06/17 - 22/07/17 that will be paid on 29/07/17. so in other words they are paying me four weeks but not paying me until the 5th week but not paying for the 5th week. As I have come straight over from ESA the seven day waiting period and as I understand it cannot be used by the DWP so why has a week been deducted and why if my claim started on the 23/06/17 and payable on 22/07/17 not reaching my account until a week later? Any help would be greatly appreciated, and as per norm why do they make the simple things not so simple,.
  7. This was my girlfriend who did this without me knowing. She signed up to some well being 6 month course where they offered it for $10,000 and she said she could not afford it so they let her have it for $7500 and she signed some digital contract that states if it does not work you don't get your money back. Well it turned out to be a few videos on well being, food and exercise etc and 2 x 1hr group calls, a total rip off and it has done nothing for her at all and she feels utterly stupid for signing up and wants out. She is paying £250 a month and has 3 months left of the course but around 2 years to pay it off, she is v angry and feels duped. My question is if she walked away now, would they chase her for the money through any court action or other? Thanks
  8. Do all warrants of execution or warrants of distress need to be signed by a Judge? If they are not signed, are they lawful for an Enforcement company to execute.
  9. Regulator the Civil Aviation Authority (CAA), which no longer deals with complaints flight delays and cancellations, has announced that a total of 20 airlines have now signed up to approved 'Alternative Dispute Resolution' (ADR) bodies. Customers with complaints aginst those airlines who have signed up with the Retail Ombudsman will have thier case dealt with free of charge. But British Airways, easyjet and Thomas Cook have signed with CEDR which charges customers a £25 fee for unsuccessful claims for compensation https://www.caa.co.uk/Passengers/Resolving-travel-problems/How-the-CAA-can-help/Alternative-dispute-resolution/ Retail Ombudsman Air Astana, Air Canada and Air Canada Rouge,Asiana Airlines EgyptAir , Flybe, Ryanair, SkyWorks Airlines AG, South African Airways TAP Portugal Turkish Airlines, Wizz Air Centre for Effective Dispute Resolution (CEDR) British Airways, easyJet, Thomas Cook, Thomson (TUI)
  10. I asked for a copy of a CCA agreement from Drysdens / Max Recovery recently. A letter dated March 2016 stated that they were unable to fulfill my request. A letter today from Drysden attached a "copy of the credit agreement conditions". It has none of my details on, nor my signature. The letter says " our client considers the debt due and owing" What do I do now?
  11. Hello I received a letter from Restons a couple of weeks ago regarding a debt from Arrow regarding a credit card. I sent the £1 request for details and have now recieved a letter back saying they are ignoring my request as the letter has not been signed Can they do this or do they want to lift my signature to paste it on documents Thanks
  12. In 2014, I was due in court for an alleged crime which was fitted up and racist. my wife and I signed to apply for LAA, and it was based on the earnings she was receiving as I was a poor musician. before the case date or I even had a Barristor, I had Rossendales harassing me to pay them £586. 00 per month, which I retaliated withe vitriolic replies. The case date was not set up until Oct, and by that time I had ignored all notices from Rossendales, and was going through nasty Divorce. As soon as I was divorced they started harassing me again, but I am fighting this tooth and nail because they have not bothered to go after my nasty ex wife, just me, and their insipid excuses is that I was the one who signed the agreement, my argument is that under the Consumer Credit act 1974, this is a joint agreement, hence both parties are responsible for the debt and the bailiff fees etc. They have visited my house and I received several letters with costs and threats to take control, to which I have vitriolically replied stating my case which seems to fall on deaf ears. I have made complaints through Resolve, and to Matrons and the LAA, which seem too have stopped the visits, and I have read all the anti bailiff blogs , and the law , but these seem to be a law unto themselves. Fortunately I have a partner with whom I am able to stay with, whilst I make my case, and can take evasive action, like purchasing my own wheel clamps for when I do have to leave my car on the driveway, when I am at my address. My question is : Am I right that the CCA agreement is a joint one, or am I liable for these ridiculous fees plus the LA costs?
  13. Hello Can I firstly just say what a gold mine of information this site is. Its very comforting to read all the advice and be able to apply it to my own position and feel I am achieving something. I have a small mountain of alledged debt but have been managing it down with your help. I cope by giving priority to dealing with debt which is "sold on", hence my post. A while ago now I CCA requested 2 credit card (Barclaycard & Halifax) debts "sold" to Cabot Both have eventually come back with reconstituted and unsigned documents. I'm pretty sure these are both pre 2006. I get regular letters from Cabot ranging from "please get in touch" to "we are going to approach a local collection agency" I am not paying anything currently. I'm a bit unsure what to do next. Should I contact them and ask them to supply a signature or desist? Thanks for any help Victor
  14. Hi my first post so please excuse any mistakes. Yesterday I was woken up at 6.45am by two burly bailiffs from swift stood in my hallway, they had let themselves in via an unlocked door. The debt is for council tax I owe £184. I asked them to leave as I suffer poor mental health and got upset very quickly. They asked to see my medication but I was so flustered I couldn't find it. I told them I suffer badly with anxiety and paranoia and couldn't cope with them being there I quickly became anxious and stated behaving quite manically throwing DVDs at them etc. Probably sounds an over reaction but I seriously couldn't cope. The one then started writing out a levy of goods which included my sons TV my landlords sofa a broken computer and the DVDs I launched at them. I was led to believe that the only way I'd get rid of them was to sign and as my children were waking up I did under duress to get them to leave. They informed me they would return today at midday to collect payment in full which I told them numerous times I don't have the money. I then filed a complaint with swift which for now has suspended any further action but I know this is only short term. I'm not disputing the debt not trying to not pay. Where do I go from here? I now feel unsafe in my own home I haven't stopped crying I feel violated that my pleas for my mental health were ignored and I'm angry I signed the levy under intense distress. I'm a single mum with 3 dependents receiving ESA and awaiting assessment for pip. Thanks in advance
  15. Hi, I took a company to court and the day before the hearing their solicitor called and agreed a settlement sum. He then wrote to the court to say we had settled. The next day before the hearing we signed a consent order (myself and the third party solicitor). I went to the hearing and the judge put through an order as per the consent. The third party did not pay and despite chasing their solicitor he always said "I'm waiting further instructions". During the claim I did not speak or deal with any of the third party, only their solicitor. The company went into liquidation some 6 months later and I am not getting any payment (nothing left liquidator says). Can I sue the third party solicitor as he signed the consent order and I believed his client will pay? Solicitor says this was not an undertaking, just following instructions. Thanks.
  16. Hi Guys Need some help and advice , i signed up with Plusnet on 13th November everything went fine after few days received an email saying that '' Dear xxxx The order for your service to be activated is due to complete on 2015-11-27 and your telephone number should be 0114xxxx. We now have all the details needed in order to place a simultaneous broadband order, this means that we should be able to get your broadband service working within 48 hours of your phone line being activated. These types of orders can fail on occasion, or be cancelled by the current provider. If this is the case your service will remain with the current provider and we will need to replace the orders. This will then take a further 10 working days to complete. '' Today my phone line got disconnected for 1 and half hour but start working again so i know that Plusnet took over, after that i waited for my broadband to go live but no adsl light on my router. Although it says in email that broadband will go live after 24 to 48 hours of activation of the phone line but when i rang Plusnet to find out whats going on they told me a different story. The guy from the Plusnet told me that BT openreach messed up my order as they were trying to put me on 21cn and 21cn not available till March 2016. My exchange is not 21CN enabled i do not know how can they accept my order as 21CN. He said he will cancel this order and create a new order for 20cn broadband and due to this there will be no broadband till next Friday. I am really disappointed my kids play online games and other stuff i need broadband asap. Can anybody tell if i can cancel with Plusnet and move to another provider ordering new line ? At the moment talk talk giving free new line to new customers and good offers as well. I want to order new line because it will be quicker instead of moving from current provider to new provider, can anyone give me any advice if this be quicker or is there any other options ? Thanks
  17. I was meant to start my MWA at 11am on Tuesday but due to a family member being taken ill i had to sign off at 9am the same day as i wasnt/wont be job searching for the next few weeks.I'm just wondering if i will be sanctioned for not turning up to start my MWA the same day as i signed off? The women on the phone when i closed my claim down said i wouldnt and that the MWA provider would be told that i signed off.
  18. Hi everyone, A new week and a completely different problem but another battle with my Jobcentre. Last Friday I was signed off by my doctor for 4 weeks with anxiety. Things came to a head when I actually hid under the table in my living room because my advisor had called and was leaving me a message. The sound of their voice sent me into a complete panic, shaking, crying and nothing was calming me down. My doctor has signed me off as well as referring me for counselling and I have been perscribed anti-depressants. He made it clear it would be a couple of months before he would even consider saying I was fit for work again. On Monday my friend took the doctors note into the Jobcentre as the doctor said I was to not do anything that makes me anxious. She was told that if I want to have the extended period of sickness and stay on JSA then I would need to go in and be interviewed by my advisor and they would decide whether they would accept my sickness. My friend tried to explain that the Jobcentre and my advisor were part of the reason for my anxiety (I do have other things going on which make it worse as well) and she was todl I would need to be interviewed by the manager then, again another part of my anxiety after my one meeting with them when they reduced me to a crying wreck. Does anyone know if its true that I need to have an interview or are they making things difficult? My friend suggested claiming ESA but I have read this form needs to be taken to the Jobcentre and you again have to see your advisor for it to be processed. I am expected to be sanctioned, I was due to start MWA on Monday bit didn't attend. My friend rang them and they were told only the Jobcentre could stop it. So I am just waiting for the letter and the prospect of no money for 13 weeks despite being ill. All of this is making my anxiety worse. My college course has been put on hold until I am on a bit more of an even keel and then there will be a discussion about where to go from here. Can anyone offer any advice on the sick note issue and what to do. Thanks
  19. Injured my shoulder at work 2 months back. Visited occupational health who as it was the end of the shift on a Friday done nothing but request my boss to refer me for physio. I went to my own docs who told me to take anti-inflammatories. Nothing happened, and I was not booked for physio at work, and this shoulder continued to bother me. On Friday, I visited my doctor who has referred me for a scan, and has signed me off as not fit for work for 1 week to rest it as my job is shoulder heavy. My job has been timed by an Industrial Engineer as being 'overloaded', meaning that the time given to do the job, is shorter than the time it actually takes. This creates a lot of rushing around with shoulder heavy equipment, and I believe this is how my injury has occurred. Text the boss Friday to tell him. He said ring Monday night, text not acceptable. I rang, told him I had a note, he said how long has this been going on. I said since the injury 2 months back. He said I will refer you to occupational health, can they ring you on this number? Then to ring him every night. Never been signed off before so wondered what the rules are regarding this. I have a note, and have informed them I won't be in until next week. Is it normal to have to ring every night? And can they force me into work for any reason?
  20. Hi , i worked part time 16 hrs in a care home as a maintenance man for 9 months up until june this year i worked in the dementia unit , the job was quite stressful and upsetting at times and was made worse by a recently promoted carer/manager anyway we didn't get on and we had argument and she tried to give me a written warning about my attitude , so i walked out , the other managers were very understanding and wanted me to return and sort out the problem but i just couldn't deal with it so i resigned went to see my doctor and I've been on the sick with depression/stress since . i have recently got a questionnaire fit for work thingy and my doctor tells me they will probably say i'm fit to work which is ok because i'm ready to start work , my question is will i be able to claim jsa or whatever it is when i get signed off the sick , i will tell the job centre i left the job because it was making me ill . thanks in advance.
  21. Hello, on Friday myself and my husband part exchanged our ford mondeo for a ford c max grand. We said we wanted a more economical vehicle and we were shown one that was a 2011 reg and was supposedly a 1.6 tdi. We spent hours working out the finance cost, fuel costs based on the economy and tax costs. We agreed to buy and signed on the dotted line. Half an hour after we left the dealer, they called us saying they'd made a mistake and the tax was actually £20 more and could we bring the cash the next day. We thought it strange but agreed. We collected the car the following day on Saturday morning. We got home, looked at the log book and it's actually a 2 litre engine. We called immediately and they admitted mistake and promised to sort it. They've been rubbish calling us back, and offered us an insulting £200 as a 'goodwill' gesture if we'd keep the car to save the hassle. We turned it down as we've signed up for the car for the next five years, the additional tax over this time is £100, additional insurance £10 per month so £600, and extra fuel is £4 per 100 miles, which their breakdown cover allows an annual mileage of 12,000, so even our lower estimate of our annual mileage estimate of 10,000 comes to £400 per year extra. So just our insurance and tax alone comes to £700. We've given them these figures and the maximum they will offer is £500. We've said this is too little. They're arguing the car they've given us is worth £1500 more than the 1.6 (this is a lie, brand new it's only £1000 extra). We asked to swap for another 1.6 they had in stock same spec. They refused saying this car had done less miles so was worth more so we could give our car back and essentially buy that one, at an additional cost of £31 more a month. We could also have our old car back and forget it all, this is also unacceptable to us, if we'd wanted to keep that car we wouldn't have traded it! They've also offered a car that's done 10,000 more miles on the clock, this is doubly unacceptable as they also lied about the mileage of our current car stating it had done 70,000 when in fact it's done 79,000, however, we accept we should have double checked this. Where on earth do we stand? We would never have bought the 2 litre model as the whole point of us changing car was for a more economical one. We've said we know they won't cover all the additional fuel costs, tax and insurance costs for five years (although really they should as we bought in good faith on those figures) but we can't accept less than £1000. I know I'd have a case for trading standards as I have all adverts and paperwork signed by us and them stating we were purchasing a 1.6. I feel they've made a huge mistake and want us to pay for their mess up which is hugely unfair. I've called Evans Halshaw customer care and they've said their complaints procedure is lengthy and I have to give each manager 3 working days to contact me and there are three managers I have to give a chance first. Our temporary insurance expires Friday and we don't want to pay to swap our insurance if we then have to swap it over again and pay for another vehicle. Help please? Is £500 the best offer I can get despite the fact it will cost us so much more than this?
  22. Won a motorbike off Ebay on 30th May, paid via bank transfer the next day as Paypal doesn't offer protection on motor vehicles. Was described as fully working, just had an MOT. Got a courier to pick it up and deliver it, received it yesterday, wouldn't start, had to buy a battery charger, discovered battery is knackered so will need to be replace, there may be other issues but hopefully not. Where do I stand on this with it not being as described? Can I make the seller reinburse any repairs I have to pay for? Or if I really wanted to could I return it? Thank you.
  23. I bet this is already on this forum but if it is not this may help persuade a judge or help in your argument. The first ever PPI case was in 1992-93 (Bristol CC 93/10771). The case involved L W Price -v- TSB Bank PLC. It was judged that the total payments of the Insurance Premium were almost as high as the total benefit that could be claimed. The case was won. A 10 year non disclosure clause was put in place as part of the settlement. After 10 years, a copy of the judgement was sent to the OFT and CAB. Soon after, a super complaint was raised.. Hence where we are today.
  24. Hi friends, I tried to search but most of the template letters are designed towards claiming single payment PPI, especially, for fresh cases. Mine on the other hand were monthly payments and they were stopped by Barclays in 2005. Why? Because, I claimed back some of the money Barclays had been charging me in the name of their Additions fee that I had never opted for. This probably prompted them to also stop my PPI immediately. And yes, I did not know what PPI was all about at that time. Now, I wish to take up claiming back the PPI Bacrlays charged me over a period of 9 years (since 1996 to 2005) My questions .. 1. Can one claim back the PPI they regularly paid some time ago in the past? 2. Do I need to first ask for my policy details, or should I simply write to them that this has come to my notice and was a mis-sale. 3. Is there a template on this site for the first letter I should be sending to the bank? Help me. please Hugs Autumn
  25. Hi, I recently requested a CCA from HSBC for my credit card. They answered with "I regret the bank is unable to act upon your instructions for documents under Section 78 of the Consumer Credit Act 1974 for the following reason. .Missing signature " I thought i had read on a different thread that i did not need to sign it? Advice please
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