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  1. In November 2005 I was called into my bank for a “financial review”. At that time, I did not realise it was going to be a hard sell of bank products. I was sold a £20k loan. When the time arrived to sign the paperwork, the local printer couldn’t produce it – I guess an IT issue. They managed to get part or maybe all the first page printed (on screen it had many pages), which I was asked to sign or initial – I don’t remember what, in the footer area of the page. The £20k was deposited into my account the same/next day. I was advised a full agreement would be sent to me which I had to sign and return to the bank. That full agreement never arrived, despite me asking for it many times (I can prove). Contacting the bank was getting nowhere, so on advice of a Solicitor/Barrister I stopped making repayments in May 2009. The bank did then contact me. They said over the phone (I have a recording) if I resumed re-payments they would supply a copy of the agreement. I resumed re-payments, they did not supply the agreement and eventually agreed they did not have a copy of the agreement and could not produce a “re-constituted” agreement. Hence in Sept 2009 I stopped making re-payments again. The bank took 2 payments under “set-off” rules in June and July 2011. Amount outstanding according to bank is around £12k In November 2012 the bank put a default notice on my credit file. That did as intended and really fouled up my life. I spoke with the bank and they offered to remove the default, but I would need to repay the original loan (fair) interest for all the loan duration (not fair, duration/interest rate unknown as no agreement) and interest at 8% on the entire outstanding balance. I said “in your dreams”. I have engaged a few legal firms over the years to try and resolve this, total costs to date are around £20k. I am advised it could easily cost over £150k to continue. However, I see this as a simple problem. Bank don’t have copy of agreement (legally execute or otherwise). They have put a default notice on my credit file, in my view without any evidence I have defaulted – I don’t know the terms any more than the bank does. I feel I could issue a summons (pre-action protocol letter previously sent by solicitor) requesting removal of default notice. If successful, I would ask for compensation and my legal costs to date. Problem if I keep the quantum claimed under £10k (about 50% of my legal costs to date) if I am not successful, I can’t be hit by banks legal costs. If I issue for more than £10k I could have a large bank legal costs bill if I am not successful. My inclination is to go for more than £10k and take the risk, question is how much? Any other views considered. I did try the FoS – seems to be a waste of time in my view.
  2. had a letter from a well known agency anyway gist of it is dear..... we're sorry we have made a mistake your account was recently transferred to ....from ...due to an error we started reporting this account on your credit file. we have informed the credit reference agencies to remove this account from your credit file which should be completed with the next 3 weeks...sorry for any inconvenience this may have caused you now i know they trashed my credit file because i saw it...so do i have any redress over it or is it because they are now removing it lets all be friends and ignore it? any ideas?
  3. Posted by dx (willy waving ....?? until/unless they get an agreement it wont go anywhere. when did you take the cat debt out. sri internet is crap tonight here. the NOA is all cohen themselves are required to provide you as the proposed claimants sols. until lowells get the signed? CCA no dice.) Sorry to jump in, just a quick question dx how does it work with a catologue online because there won't be a signed CCA, they just print your name in there for you ? and what's the difference what happened post 2007 regarding catologue's ? Thx
  4. Hello all- I've been reading a million MBNA related postings and while I broadly get the jist, I am really looking for a concise 'step by step' action plan. I have had an MBNA card for many years (probably 15 ish in total). The credit limit (was) high and the balance has gone up and down. Around 7 years ago, I foolishly injected cash into my company with the card as a 'temporary' cashflow prop. I never repaid the sum but continued to pay the minimum payment (the company failed a few years ago). Last month, a payment was missed - genuine stupid error while I was out of the country and wasn't looking at my bank account. MBNAs reaction has been extreme. There were at least 30 missed phone calls. Many letters, the last one was withdrawing the facility - I had made the payment (about 2 weeks late). I spoke to MBNA about lowering the interest and potentially paying the balance more quickly. They were entirely hostile to this idea. Actually, they were hostile generally. A fag packet calculation tells me that I have more than paid the balance in interest (actually double the balance!). My view is that MBNA have had their pound of flesh. They have already doubled their money and I need to get rid of this unnecessary monthly outgoing. I have sent my £1 postal order and my CCA request letter . And I have to admit that I have cancelled the direct debit for minimum payment. I don't need any credit for the foreseeable but equally don't want a completely trashed credit rating. What should I be looking for in the CCA? Ultimately, what manoeuvrability do I have to get rid of this card at a reduced / write off rate? I can't remember how I applied for this card in the first place so have no idea what evidence will be forthcoming in the CCA response (if I get one). Having paid double the original borrowed sum back, I don't feel that I am behaving unfairly in wanting to make this go away now. Thanks in Advance.
  5. Hi all so sorry for this... been a member for approx 2.5 years re joined January 15 so now out of contract, not used the gym for some time prob 6 months or so went on there site to cancel but couldn't find the "W" no that i was given when first joining to fill out the cancelation form, So instead Thought I knew better and canceled the direct debit now Im thinking I've done the wrong thing as I have received a letter from Harlands stating the normal- " ref your membership to exercise 4 less harlands administer the collection of all payments due under your membership agreement with exercise 4 less and your bank have recently advised us that your direct debit instruction has been cancelled. the membership agreement you signed states that all payments must be made by direct debit. Therefore, you must call HARLANDS HELPLINE-01444 449033 immediately in order for us to reinstate your direct debit over the telephone. If you do not call us by the 13 march 16 you will be charged a £25.00 administration fee. the telephone lines are open 9.00 am to 1.00 pm and 2.00pm to 5.00pm monday to friday I would just roll over when i see a letter like this simply because i have no idea what I'm talking about in these type of matters, but when i received the letter something didn't seem right so hence why Iam here asking for your advice..... I take I'm right in saying i shouldn't ring the helpline no? but do i reply to the letter and if so i just wouldn't know what to say? thanks in advance.....john
  6. Hi all, Great forum and some good advice, but I feel I still need to ask again as some of the info is conflicting. I parked at A Euro Car Parks site in Bracknell. I over stayed (I was there for over 6 hours) as I never recalled you had a limit before and that it was free (it is for an hour or 2 I think). I got a letter from ECP demanding the £70 or £40 if paid straight away, but I lost the letter. So awaited letter number 2 so I could pay. Instead I got a letter from DRP demanding £130 or they would recommend to the creditor's solicitor that court action should be taken to recover what I owe. Anyway, I was happy to pay the original fine but had no way of doing so or talking to anyone at ECP. I spoke to the DRP saying I will not pay them £130 as I never got a letter (slight bending of the truth) but will pay the original fine with the reduction to £40. They just refused and demanded the full amount (this is last day I have to pay). I said that the original letter never came to me so that was unfair. They started referring me to websites and legislation saying I had to pay them the £130. Anyway, I called them back and the same woman (they would not let me talk to the person on the letter) still refused and said I would be taken to court. I said they had no right for that sum and she again directed me to a website stating they do. I informed her that the amount of letters lost by the Royal mail a week means this is not unusual and asked why they did not send by recorded delivery. She just said they don't have to and just have to prove that they sent it and I am the person who has to prove that it didn't arrive (not possible). I also said I had taken legal advise and been told that they don't have the right to this money. They simply said "No, you haven't". I said I had and they just said "Thank you, goodbye". So I have read a number of threads here (the main one was 2012 though) saying ignore, ignore, ignore. Are you sure they can do nothing here? I am also slightly troubled by the sticky that says you should not ignore. There is an address on the letter. I should also say that I am using a company car. Can they find that out and contact my company?
  7. Hi Folks, Does anybody know if Barclays are legally allowed to charge £30 for Paid Referral Charges on a business account? I have month on month been hit hard with these charges and every month its getting harder to get out of the hole they are creating for me! My personal account has the occassional Paid Referral Fee but this is charged at £8, although still a lot of money it is much more reasonable than the £30 on the Business Account. How do I stand if I decide to go after them for a refund? B
  8. Hi all, Im finding it hard to follow the existing threads so i thought it easier to create my own. Ive been with BH for several years now and on every contract i was told i had to have OSC. Have people been successful in reclaiming? What are my first steps? i keep seeing the word SAR floating about ... do i need one of these, i dont have all my original paperwork. Thanks for your help oh also, I finished paying for a tv last november, it had been in for repair whilst being paid for and a few weeks after i had finished paying for it the fault reoccured, so i took out the extended cover for the tv with brighthouse and booked it in for repair. This was in november and they left me with a tv that i have to say i am in love with lol, anyways can i just keep this one now since its been quite a few months
  9. So I joined my new job on 6th Jan and was due to be paid on 24th Jan. I didn't get paid so I phoned HR who said I could get paid at any time that day so I waited. It didn't arrive so I phoned HR again to get payrolls number. After many calls it turns out payroll read the last number of my account wrong it was a 4 not a 9. Now I have to wait for it to be returned before I see any of it. They even asked my to contact my bank (halifax) to see if it was waiting to be returned. They say this can take a few days or if the account exists much longer. Is http://www.postcodeanywhere.co.uk/demos/bankvalidator.aspx valid? It claims the account the money went into doesn't exist.
  10. Hello everyone, im new here and i so need some advice if possible it concerns my son, He worked for a company for 6yrs, but the company was taken over by a new boss and his previous employer made certain that the current employees remained when he sold the lease to this man, right before christmas last year he went to go to work with other employees, they tried to unlock the company gates to start work but the boss they worked for changed the locks the day before, he then texed them all to say they are now all unemployed. They never even got their wages on the saturday for the 6 days they worked before this, as the boss was suppose to return with them on the saturday but didnt, Anyway to cut a long story short i made my son take this man to the tribunal and my son won the case, as none of the employees knew this was going to happen and i felt it was unfair to the employees and my son to be treated in such a manner, his former boss did not appear to the court, infact he sent a letter stating he had no intentions of appearing, after the judgement was awarded to my son there was a lapse of 42 days for an appeal, nothing was heard, we waited another 6wks then applied to the local county court to enforce the order awarded to my son, now his old boss has put in an appeal to the tribunal 120 days late after the 42 days, and also put in to have the enforced order stopped, hes now claiming that my son only worked for him for 2yrs? nothing changed at the company only the owner, also hes claiming that my son worked for a different company? and the company hes claiming my son worked for went out of biusness 14mths before he took over the company my son was at. The lease is in the name of his boss and thats what the award was made against, not a company that hes claiming is responsible, Even the ones whom leased the company to him had never heard of the company he mentions, so really does he have the right to do this and does my son stand a chance of getting this award that the court awarded him at all? as all the former employees have taken this man to court and my son does have paperwork supporting his case against this man thank you so much for reading this, only we are in court next week about the enforcement order my son was awarded against this man , i do hope you are able to help, Maz
  11. hI Just had the decision regarding DLA for my missus, 2012 was the first claim and sent forms off again just before xmas, she was awarded HRM and LRC first time round, yet now has had the HRM stopped completely. The decision was based on, claim form, GP, Current Treatment, Medication, Test Results and Symptoms. So according to that she has now improved from last year so much she can now walk 200 yards in a reasonable manner using suitable aids although walking is limited (their statement). So they say her walking is limited yet don't say what it is limited to. So now after having a read through previous posts I assume that I need to inform them that I will be appealling, but can anyone give me a couple of answers to help me out please. Will her GP supply copies of any/all the info that they supplied to the DWP if she requested it ? Will the DWP supply them without having to go through the whole SAR procedure ? She never gets letters sent regarding test results from the hospital, so she is completely in the dark as to what these are, and the other problem is that after sending the form off to DWP she had a hospital appointment in which she was told that she will definately require surgery on her legs but pending further tests will depend on the type of procedure required so I hadn't filled the question in about waiting for surgery They just seem to have totally ignored everything that I put in the Mobility section, and I have a copy of last years form so I know what I put, and bear in mind when I filled in last years form the GP/Nurse/Hospital hadn't even began diagnosing her Mobility problem. Would I be better phoning and mentioning the forthcoming tests and impending surgery and then ask for a GL24 Form to be sent to me firstly and take it from there ? Any advice greatly received. Pete.
  12. Got a letter from Eversheds on Wednesday stating they'd applied for reposession on the 11th March. I went to court with them in 2007 and unfortunately I'm £1960 in arrears. My panic is that as I am away from home next week they may just come round and change the locks as I'm away til the 26th. Also don't know when I'll get notice from the court (I'm assuming they will write to me). I appreciate that the time may well depend on courts workload but has anyone any idea it would be appreciated.
  13. I have just noticed the announcement and I cannot express my sympathy and deepest shock enough. I have met Martin on a couple of occasions and his wit and wisdom was beyond measure. He will be truly missed by everyone here on CAG I am sure. R.I.P Martin
  14. I am so very sorry to hear this news. I did not know him but I am sure his advice and support has helped me and many others on this site which people like him have made this place somewhere they can get justice and fight for their rights. God bless.
  15. Oh dear, another car dealer thread. I feel that this time it is a little different so please bear with me. On Saturday my daughter and her husband went to a car dealer in Torbay to test drive a Peugeot 307 that he had advertised for sale. They drove the car (with the salesman as a passenger) on a mixed route, town, B roads and a dualcarriageay and they liked it so left a deposit and agreed to return on Tuesday with the balance. They had arranged to pick the car up from the dealer after work, so I drove them to Torbay to get the car. The first thing they noticed was that the fuel gauge was showing empty, so they stopped at the first petrol station and put £70 worth of diesel in. After leaving the station and travelling around 100 metres the engine just stopped, my son in-law coasted over to the side of the road and tried to restart the car. The engine turned over fine, it almost started then stopped, and he tried again and got exactly the same result. His first thought was “I’m sure that it was diesel that I put in”, he rummaged through his wallet, found the receipt for the fuel. Although the receipt stated the amount of money that had been spent and that it was fuel that was bought, it did not say which type of fuel. So, he got out of the car, removed the filler cap and had a smell of the fumes and he could only smell diesel, which he was obviously relieved about. All of this occurred within 4 miles of the dealer’s premises. He then phoned the dealer to explain all that had happened, and was told that someone would be with him as soon as possible. Sure enough, within the hour the salesman arrived, had a quick look but admitted that there was not a lot that he could do. After looking he decided the best thing to do was arrange for the car to be “recovered”. He suggested that my daughter and son in-law continue their journey home with me and the boss would have the car looked at the next day and telephone as soon as he new what the problem was and discuss the options. The options were 1/ The fault would be something minor. It would be repaired and returned to my daughter that day. 2/ The fault would be bigger, or perhaps they would have to wait for parts. In which case they would supply a loner for the duration. 3/ If the worst happened my daughter and her husband would be offered a replacement car from the dealers stock or a refund. It turned out that there was water in the fuel system. There was no suggestion that the fuel my daughter had bought was contaminated, but that a customer had brought their car into the dealer’s workshop, the week previous, for a service and the Peugeot had been loaned to them as a courtesy car. The dealer then went on to say that this customer must have driven through some deep water, we did have a lot of rain last week, and the water had found its way into the air intake and then into the fuel system. He was now left with a car that needed a new engine and he would be “chasing” the customer for recompense. My daughter was offered a different car or a refund. None of his stock was acceptable, so a refund was agreed on. £1450 (the price of the car) in cash was handed over to my daughter. It was a shame about the car as it would have been ideal, but these things happen and up until this point the dealer had been fine. My daughter enquired about the £70 of diesel that she had put in the car. At this point the dealer’s helpful and considerate attitude that he had portrayed changed, he became very guarded and almost aggressive. He said that he had not told her to put fuel in the car and asked why she had put so much in? Surely 5 pounds would have been enough? He said that the fuel would now be contaminated with water and would be of no use to anyone there was no way that he would refund that as well. After a long conversation he suggested that we come to his workshop at the weekend and siphon the contaminated fuel out of the car and keep it. The fuel that he had already admitted was of no use to anyone. He then appeared to take great pleasure in pointing out to us that the whole conversation was being recorded by his cctv equipment, which not only recorded video but audio as well. We were perfectly ok with this as we had not said anything that could be viewed as “out of order”. However, he had admitted that the contaminant was already in the car when he sold it. So that must mean that the car was sold as “unfit for use” I am guessing here, but the dealer doesn’t seem to do very much advertising, there are no sign’s out side his house, although he claims to have 20 or so vehicles at any one time only three or four are visible to passing traffic and these do not “appear” to be for sale as they are not marked with a price or any kind of for sale sign, so it would seam that his reputation and word of mouth is good enough to provide him with the success that he obviously has. Surely, when a dealer has a quick turnover with this type of car he must be aware that one day something will not go to plan. I know that he can not cope with every one of his customers asking for a refund, his business could not stand it, but its not every one of them, only one. Dealers must prepare themselves for this kind of thing, customers don’t. My daughter cannot afford to lose this money, she feels that she might as well have put £70 in cash into an envelope and posted it through his letterbox, she could not have afforded that either. The whole point of buying this particular car was it was cheap to buy, cheap to insure, cheap to tax and cheap to run. If she had money coming out of her ears she would have bought a more expensive car. On this dealers web site they claim to pride themselves on providing a good quality service, they appeared to be a safe bet. Yet their car only covered less than 4 miles and lasted no more than 15 minutes before it broke. What I am asking you is; Under these circumstances is the dealer obliged to refund the £70? If not, is there a way that I might be able to convince him that it is not worth tarring his seemingly good reputation for £70? Any help or advice would be greatly received and appreciated. Many thanks, Mick.
  16. Hi, I have had a look through a lot of the threads on here so I shall try and give as much info as possible for anyone to help me here! I have a £2800 very debt in my name, and a £2500 debt in my wife's name. (these are the 2 I am having trouble with, although we also have a Simplybe and a Jacamo account that have been agreed at £5 per month repayments each) Both were taken out online in 2008. I lost my original job in 2010 (I was earning a good wage then), but I managed to find another job and I kept up with the minimum payments to both Very accounts. However, over the last 4 months I struggled to keep up with paying £130 minimum payment on EACH very account, so I defaulted on mine and I have had issues ever since..... They wouldn't accept my pro rata payment (which I have paid for the last 3 months) and now they have passed it on to NDR who are insisting I pay them the £453.65. Obviously in between I have had several default notices & late payment fees. I lost my job yesterday so now I am waiting on a claim for Job seekers, while I try to find other employment (my wife is also looking for work too). We have 4 children and are really struggling so need to know the best way to approach this. I have already sent Very 3 letters telling them that I would be paying a pro rata payment of £50 (that was what I could afford while I was working, but now I can't!) And they always reply with "that's not acceptable - please phone". I have also asked each time for them to freeze interest and charges which they refused to do. Where do I go from here with both accounts? Do I write to NDR now for my account? Tell them that all I can afford is £5 per month until further notice? And should my wife write to Very and tell them the same, or is there a quicker way of going through the whole "we will not accept your offer of payment" stuff? Sorry that's been a bit long, just trying to put as much info as possible on there! Thanks for any help!
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