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  1. Hi guys massive advice needed. I'll try and get to the point but this is so complex you would not believe. Split up from wife in Jan 14 moved out she stayed in house due to the 2 kids. Morgage solely in my name. Went on credit report Nov 15 due to not being able to get a overdraft credit card or add a tablet to phone contract. Couldn't access it for weeks due to many factors one my own fault did no realise I wasn't on electoral roll. When I did get on it there was quite a bit of debt not a huge amount but things I knew nothing of. Signature forged etc. One debt ended up in a CCJ, but I went to court and had it set aside. I have not reported her for fraud due to the kids. Lots of credit searches in her name to payday loan company's many to a company called welcome finance. Who had been calling me about a debt for a few months prior about a joint account . Yet every time I went down local office when I found out where it was no one would speak to me due to data protection. There is nothing on experian tying me in with this debt no default, no loan account Due to CCJ I contacted land registry to see if anything there and a legal charge secured loan to progressive finance 2006 again not clue how. Do some digging and welcome and progressive same company . I email them for more info. They tell me it's down to a secured loan I took out in 2008? But the charge says 2006 I asked for further information on this? Such as a credit agreement. As I have had no dealings with your company. Other than a few phone calls regarding payments when I went down to the local office in Merthyr and returned phone calls asking for more information no one would speak to me regarding it or provide what I asked for. I requested a CCA which the returned po and asked for my signature I did not sign and told them they gave sent information before so I have no need to prove who I am they emailed a credit agreement dated 2008 which looks like my signature but you can barely make figures out. After the 12 + 2 days were up. I head office they were now in default and they had not provided me with what I'd requested . I then received a sar. I had a default notice asking for arrears from local office , they were sent a debt dispute letter. I had thank you for being a good customer and local branch were moving in April 2016 heard nothing since I look through sar there are blank pieces of paper with my signature on there are loans some look like they are my signature some definitely aren't mine. almost all have her and my signature loans are from 2001 to 2008 the last loan was for 30 grand and 39 grand interest on top 300 months? There are call logs saying mr called in was not me phone calls again not me . But the handful of times I did ring or go down to get answers nothing logged . Am bank statement in this sar are ex wife's. There are some of my bank details for direct debits I've checked my bank there were many payments to welcome. No dockets of mine in there or proof of my wages at all. There a piece of paper saying legal charge 2008 but it hasn't been registered with land registry. There are statements and I have to admit when I left in 2014 I paid money to this company as she worked out who would paid what. Stupid not to question but my head was in shed when I left. . I have calculated that £20.6026 has been paid to loan since 2008 balance on then was £30,514.26 and still stood at £25,384.31 in July 15 no payments since jun 2015 cos I had already wised up by then and thought why am I paying a debt that's hers. The loan before this in 2006 you can't read figures on the fixed loan sum agreement it looks like £429 a month. on the contract and legal charge agreement it says £129.39 180 months they all look like re writes but not all are that readable. Plus they have overinflated house price in 2003. Is this loan legal enforceable? What can I do? Help?? Still haven't heard a pip out of welcome.
  2. Hi, TL;DR version of events: I received a SJPN. I believe I technically am guilty of the charge, but had ignorantly committed the offence out of sheer financial desperation, having had no money and just started a new job. I'm desperate to avoid a criminal conviction. I contacted TfL's IAP to apologise, explained my circumstances, and I provided proof for everything possible and asked to settle this out of court, and that I'm happy to pay the necessary fine. Today they finally responded - with a very generic response to say they wish to proceed with the case... However, the Revenue Control Inspector's statement is factually incorrect, has the date incorrect. The date provided is a date on which I can prove I had a valid ticket. Do I stand a chance at fighting this as 'Not guilty' in court, on the basis that their evidence is incorrect? Complete story: On Thursday 26th July 2018 - I was caught using my mum's 60+ freedom pass by a Revenue Control Inspector on my way to work. I had just started a new job 10 days before, on the 16th July. I had used the card between 18th-26th July (until I was caught) for my commute to and from work. I could not afford a monthly travel card at the time I had been caught as I had been unemployed for past 8 months; maxed out two credit cards, and had been borrowing money from my family to afford rent and food already. I only intended on using the freedom pass until I received my first partial paycheque at the end of the month. I'm not denying - it was a stupid idea, and I obviously hugely regret having used a card I had no right to use. I'm not typically a dishonest person, and this was my first and only offence. 5 months later, just after christmas, I received a Single Justice Procedure Notice, charging me for not having a valid ticket in a compulsory ticket area; 'Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws made under paragraph 26, schedule 11 of the Greater London Authority Act 1999.' Understanding I was guilty of the offence, despite it having been committed out of sheer desperation. I'm also desperate to try and avoid a criminal conviction as I’m currently unemployed, and in search of a job again, and wish to avoid anything that might damage my chances of re-employment. So I emailed TfL's IAP email address, explaining my financial circumstances, expressing that this was my first and only offence, apologising and pleading for any way for this matter to be settled without landing me a criminal record for it would really damage my chances of getting employed again- supplying bank statements, credit card statements, providing anything and everything to support the facts I had stated. ... Today, I finally received a totally generic sounding email response from one of the prosecutors at the IAP department: “On the 27th July 2018 you were approached at ***** ***** station after using a pass to enter that activated the monitors. You produced a 60+ Oyster card that you admitted belonged to your mother. These passes are not transferable and therefore was not valid for you to use…” “…Transport for London intend to continue with the matter listed against you and I would advise you to complete the paperwork and return within the required timescales” I noticed that in their email response they have the date of the incident incorrect, (She said 27th July 2018 instead of 26th July 2018. On the 26th I was caught and cautioned, on the 27th, I actually paid for my fare and can prove it) Furthermore, the Revenue Control Inspector's statement says the incident happened on the 27th instead of the 26th. It's only on the second page of the SJPN under the "Statement of facts" that they have the date correctly stated as the 26th July. Do I stand any chance in fighting this case as 'not guilty' in court, on the basis that the statement given by the Revenue Control Inspector is factually incorrect, and if they were to pull CCTV from the 27th - they'd find that I'd actually used a valid ticket on that date? Any help or suggestions would be massively appreciated. I have 5 days to respond to the SJPN letter Many thanks!
  3. Hi All, I am taking a company to court for damage to a vehicle I own. The defendant has defended and made a counterclaim. I am at the stage were we have recently exchanged witness statements and a court hearing has been set. Looking through the witness statements they are made up of lies throughout by two witnesses. I received these statements on the final day they had to be submitted and I am unsure if I can make the courts aware of their lies. By lies I will explain, I am being counter sued for a certain amount, an invoice has been sent to show the cost of damage that they say I done to their property, within the invoice it has parts used which in the witness statement states they were put on after the incident that I am claiming for. I am unsure if I can send a letter to the courts to highlight this or is it to late and I will have to see what happens on the day. In the court directions for the witness statement request it states that we should send any relevant documents or evidence to the courts to come to a decision, however this is new evidence at the last minute. I hope someone can shed some light for me. Thanks
  4. Home Secretary statement on the use of DNA evidence in immigration applications READ MORE HERE: https://www.gov.uk/government/speeches/home-secretary-statement-on-the-use-of-dna-evidence-in-immigration-applications
  5. I am trying to help someone who nobody really wants to help. There was a case of criminal damage Where this person involved was arrested for criminal damage to a house. On his barristers advice he admitted the damage and was sentenced. It now turns out that the complainant misled the police and also the star witness's known personally by the complainant has also pulled a fast one by misleading the police. How can this be brought to the polices attention as the person prosecuted is sure damage was caused on purpose and blamed on them. How do they go about notifying the police about this ? Spelling and punctuation mistakes have been caused by Auto correct on my my mobile.
  6. Hello all. Firstly, as a first time poster I just want to say how useful this forum is, so I’m hoping you’ll be able to help me out too. I was recently stopped by a Southern Rail inspector. I was travelling on a packed commuter train and (although many of you might think this is an excuse) I suffer from really bad foot pain, which I have been to the doctors about, and sat in first class as I was in real pain. In hindsight, I shouldn’t have done it. I should have asked someone to get up for me, but being a young guy I doubt people would have taken me seriously. I spoke with the conductor who made me feel out a ‘witness statement’ I gave my name, full address, phone number and then she handed it to one of he colleagues who completed the process. He was a nice guy. He told me not to worry and that they would send me a letter in the post asking for a fine. But he didn’t ask me to pay anything there and then, he said I had to wait until the letter comes through. I later revealed some kind of gold badge and asked me a few questions which I answered truthfully. He said not to worry and that this was only ‘civil’ and that I would 100% just get a fine. I’m not a fare dodger and never sit in first class barring this one time. What should I expect? Just a fine? A court summons? Once again, thanks for all your help/advice.
  7. Hi Folks, This is my first post on this site so I apologise if I haven't posted in the right place or if I don't use the correct terminology! I will do my best. Also I a big thank you for all the great advice! I have two issues I'd like some advice on but I will deal with them separately. 1. In January 2013 I received CC papers issued by a solicitor acting on behalf of Nat West Bank claiming I owed a total circa £7000 including legal fees and costs . I had defaulted on a personal loan (£1500 outstanding) and I had become unable to service my overdraft (£5000). After taking advice from National Dept Help line I acknowledged the dept and am now the unhappy owner of a CCJ. The judge ruled that I should repay at a rate of £20 per month based on my income. I am making regular payments. It seems that NW haven't as yet applied for a CO despite the fact they said they we're going to. I was aggrieved at the time of the Judgment because I had been in contact with Nat West as was attempting to reach an agreement with them and had actually offered them slightly more than the Judge agreed. I was waiting for a reply from NW solicitor when the court papers arrived! I had not been advised by NDH to request the CCA or SAR or consider defending part or all of the claim. I am not aware if there were unfair charges applied to both accounts and weather or not those charges have been added to the total owed. Don't even know if there is any PPI! After judgement I receive a letter from NW solicitor stating that I am not within my right to obtain the CCA despite the fact that I never requested it in the first place..most odd! So should I send a SAR request to NW and the Solicitor and should this include a request for all break down of all charges applied to the accounts and the CCA? Will they have to comply with my request or am I waisting my time and should I just continue to pay the CCJ. Not sure where to start with this or if I'm in a position to fight! Thanks.
  8. I have completed an N56 Statement of means form for a debt in my name. I have a letter from Restons stating that they note I am married but have detailed no income for my spouse and to fully assess my offer of repayment they need to have sight of the whole household income. Is this true? The debt has nothing to do with my husband. I should also note that the court has thrown this out as I am self employed, earning little or no income.
  9. Today I received in which looks like usual fob off letter from barclaycard rejecting my initial claim for unfair charges totalling over £240. All my charges were for £20 and a one-off charge of £40. In their letter they state that their charges of £12 are in line with their actual and estimated costs etc and are printed on back of statements each month. What next - do I reply mentioning the above statement and what I have been charged ? Thanks for any help
  10. Hi everyone, hoping to find some urgent last minute help in this wonderful community Name of the Claimant ? Lowell Portfolio Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 03/10/2016 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. Unfortunately I have now lost that document as have moved house twice since receiving their claim... have attached the defence I sent and the claimant's witness statement Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No What is the value of the claim? £938.19 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Vanquis credit card When did you enter into the original agreement before or after 2007? After (05/08/2010) Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I lost a job at the time and couldn't make monthly payments What was the date of your last payment? 30/12/2011 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No ------------------------ Hello everyone, Only just joined the community, but have been carefully following few threads to help with my personnal situation. So far it has been a priceless source of information and I hope to seek further help! I have my court hearing this coming Tuesday at 10am - here is a timeline of events: - Vanquis Agreement dated 05/08/2010 - Last payment made to Vanquis on 30/12/2011 - Notice of debt received by email from BW Legal/Lowell on 13/09/2016 - Letter with CCA request sent on 28/09/2016 - which was ignored - Claim issued by Lowell on 03/10/2016 - CPR18 request sent on 25/10/2016 - again, ignored - Defense sent on 05/11/2016 (copy of my defense attached in the thread) A year gone and never received the documents I asked in order to prepare defence of enter into mediation - DQ filed by claimant on 20/11/2017 - Sent another CPR18 request on 24/11/2017 - yet again ignored - Direction Questionnaire filed on 30/11/2017 Which brings us to present days, and the witness statement receive from the claimant only 2 weeks before the hearing (attached to the thread) - while I have been requesting information since November 2016 ! With the hearing happening in 3 days, I'm getting exponentially nervous about what's going to happen - and how I should prepare to defend myself. I misunderstood the notice of allocation for the hearing and didn't send a witness statement myself... is there something I should do/say at the hearing? Can someone kindly advise on the best course of action for me to get in the hearing with a bit more confidence? I'd like to avoid a CCJ at all cost and just want to settle the debt - but have missed the opportunities to do so as they failed to send the documents I requested A few questions I have after reading the witness statement several times: - I never received the Notice of Assignment. Statement says "defendant put to strict proof to the contrary" - clearly, shouldn't these kind of documents be sent registered and/or signed for? My gut instinct is to say they should be the one proving they served me with the notice of assignment (their responsibility, isn't it?) - With my CPR requests, I have sent deadline for them to collect and send the requested documents - none were respected. I literally had to wait almost a year and half and the witness statement (just a few weeks before the hearing) to get any sort of documents from them. Is that a point for me to use in my defence? As I've been chasing documents for a while in order to prepare my defence, ignoring my requests and sending these at the last minute should play in my favour? Many many thanks in advance for any help that the community could provide me with I will make sure to keep everyone updated. BW Witness Statement.pdf BW Defence.pdf
  11. Statement on Ofwat and rebuilding public trust in the water sector READ MORE HERE: https://www.gov.uk/government/news/statement-on-ofwat-and-rebuilding-public-trust-in-the-water-sector
  12. In Schedule 6, CCA regulations 1983 is says Credit limit 3. Agreements for running-account credit. A term stating the credit limit or the manner in which it will be determined or that there is no credit limit. On the agreement/ photo copy of the application form, it does not state a credit limit, it just says, we will tell you your credit limit? Which I still don’t know what the opening credit limit was. but never the less, does this comply with term above (or the manner in which it will be determined? section.
  13. Cannot seen to find a template for outgoings and income to produce a financial statement in excel. I may have been looking in the wrong area but if someone has one or can point me to one it would be appreciated thanks
  14. Charity Commission statement on Oxfam READ MORE HERE: https://www.gov.uk/government/news/charity-commission-statement-on-oxfam
  15. Charity Commission statement on Motability READ MORE HERE: https://www.gov.uk/government/news/charity-commission-statement-on-motability
  16. They ask me for 3 months regularily, just had one yesterday for a rapid reclaim as I was working for an agency for 2.5 weeks and was subsequently let go. The requirements for JSA, ESA, Universal Credit is that you to have less than £5000 in the bank otherwise the payment will get reduced. If you have over £16,000 then you will get nothing. Therefore the reason they ask for fully itemised bank statement to assess your entitlement is invalid. You can filter your statement in many different ways with any online bank so only relevant information is provided, but the DWP say you are not allowed to use these filters and they want every detail. Why? It is understandable that they want to see incoming payments to see if you have any other income (job on the side or whatever), but what right have they to access your out goings. Where you shop, whether you have drunk alcohol recently in a bar, where you go out, the grocery store you use, maybe you are making regular cash withdrawals which might suggest drug use. This request for your personal private data is excessive and has nothing to do with assessing your claim. If they want to know what your rent is you can produce the lease etc (which they already have anyway). If you question them about it they tell you that you dont' need to apply for benefits if thats the way you feel, as if an unemployed person has any choice. I'm interested in hearing peoples opinions and experiences with this, thanks
  17. Good afternoon! My husband has received the above two documents (I am hopefully attaching redacted scans to this post) and, as he's currently in hospital, I need to try and deal with them in his absence. I presume we should respond in some way, although I'm not totally convinced that this debt is his - he says he doesn't recall taking out a credit card with Home Retail Group. I certainly don't want to phone them or email them! It's clearly not statute-barred, as it dates from 2012. My hubby says that he can recall getting "some guff or other" (his words!) from Lowell in the past, but because he didn't know what they were talking about, he ignored it. Therefore, I haven't a hope of identifying what might have been received previously, or not. Your always excellent advice would be very much appreciated as to my next step. Scan Lowell 2.pdf Scan Lowell 1.pdf
  18. Hi all New user finding his way around the forums, so apologies if I am in the wrong area here! I have a Tribunal case coming up against a former employer, and they have requested an 'impact statement' about my disability which needs to be submitted this week. I wondered whether anyone has access to a template of any kind that I can work from, as I have no idea where to start? Any help or tips would be greatly appreciated. Thank you
  19. Would someone please kindly point me in direction of some recent schedule of costs examples for circumstances like this? Thanks
  20. My first post here, I think this is probably the best place for it. I witnessed a collision between a pedestrian and a bus around 18 months ago. I have now been contacted by investigators working for the solicitors for the pedestrian asking me to provide a witness statement in person. I gave a statement to the police at the time and subsequently in writing to the bus company, plus a brief response to the pedestrian's solicitors about a year later. I have no wish to be involved any further, and in particular I have no desire to help the pedestrian and his ambulance chasing solicitors given that the incident was entirely his fault. Am I under any obligation to agree to the request to give a statement, and if I refuse can I be compelled at a later date by a court to give evidence (the incident happened in Scotland but I live in England). The request was hand delivered, can I tell them not to visit my house again, and if they do is that considered harassment?
  21. Hi Quick bit of advice needed regarding filling out financial statements which has been requested by my ex local authority. Basically we have outstanding council tax debt with North Herts Council from around 6+ years ago. they got a court order and we was paying this off at £20 a month which we agreed with them. About a year ago they decided that they wasn't going to accept £20 a month any more and wanted £40, well we told them this was unaffordable and payments ceased. This has now escalated to Bailiff levels so we contacted the Council to say we weren't going to give the Bailiffs anything and that it's in their best interests to take the debt back and accept the original payment of £20 which was all we could still afford. They said we had to fill out a financial statement so we visited CAB who gave advice and provided the forms to send them. filled these in and emailed them off and the council have come back saying these forms should have been filled out by CAB themselves (never had to do that in the past) and they are not accepting what we sent them! Personally I think they are just being bloody minded, so they've been told as it's school holidays and I'm on my own all day with three kids, two of whom are Autistic, and the fact my Husband has moved out as we've now split up, this won't be possible till September. Is this correct that CAB have to do this form? Thanks Lisa
  22. Thanks for the info. I have a letter from them about a 16k debt. They are threatening to repossess my house. Should I follow the instructions above in regards to a SARS and the CCA Request? Should I refrain from calling them? Thanks
  23. Hi everyone. I hope your all ok �� So last Saturday I rung up HSBC to order some copy statements for Closed Current Account 2004-2015 and Cash ISA 2010-2017... She told me there will be a charge (Didn't tell me what the charge was) and it will take up to 40 days for the statements to arrive but will more likely be 5-7 days and can only order from 2007 I accepted the charge and gave her the account details of an account I wanted charged... On Monday rung again as not been charged yet, another lady said it's free as you don't have HSBC current account and you will get staments in 5 days. On Wednesday I Recived 2 A4 envelopes with a bundle of paper and cover letter. They were online printouts of transactions of all my accounts Curent account 2005-2015 Cash ISA 2011-2017' like they print for you in branch' the envelopes were badly damaged/sealed... So rang the bank/went to branch today Told them what happened and Ordered duplicate statements July 2011-2015 and all of Cash ISA will ring tomz to order rest as can only order 50 statements a day' hopefully they will be like the ones u get in the post and will take up to 5 days So why did I get online printouts like you get in branch instead of duplicate statements which I asked for? Or will I get 2 sets of Dupliacte Statements? Why did the lady say 40 days for statements to be delivered?
  24. ABTA Data security incident March 2017 READ MORE HERE: https://abta.com/news-and-views/news/data-security-incident-march-2017
  25. Hello, I started a small claim in court against my landlord a few moths ago... Today I received the "Notice of Trial Date" (Form N172), that says I have to pay a hearing fee. Something I already expected. The problem is that I don't know exactly how to do that and there are no instructions in that letter. Do I have to send a cheque to my local county court (where the case was transferred)? Do I have to write a small letter saying that the attached cheque is for the claim number XXXX? I don't find related court fees to this step. BTW, I remember in the process, weeks ago, I received I letter that said that "This claim has been transferred to your county court at XXX. All correspondence should be directed to the transferred court" I search on the net but don't not exactly what to do. Thanks.
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