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  1. Hi I recently had a successful PPI claim with MBNA. I have received a 50% payout but as it was a joint loan, 50% is owed to my late wife. Initially, MBNA refused to pay me her share until I provided a Grant of Probate or Letters of Administration. After explaining I have neither, they eventually said they will accept documents from a Court or a Solicitor confirming that no Will, Letter of Administration or Grant of Probate was ever made. My wife had next to nothing in assets when she died so, as I understand it from the gov.uk website, I didn’t need to apply for Probate as, in the circumstances, I inherited everything. I can’t understand why MBNA will not just accept our marriage certificate and my wife’s death certificate as sufficient evidence and pay out. That was all the evidence I needed to provide at the time of my wife’s death when dealing with her bank accounts. (They were different banks, not MBNA). The amount owed is only around £400 so the cost of applying for Probate or Letters of Administration would make it all pointless. I assume the cost of obtaining documents from a solicitor confirming no Will, Letter of Administration or Grant of Probate was ever made would also be prohibitive. I was wondering is there any way I could fight this and get MBNA to pay out with just the marriage and death certificates as evidence. Any help or advice would be really appreciated. Maybe someone else has had a similar experience?
  2. Just after a bit of advice. I have successfully defended a claim brought against me and at the end of the hearing I asked the Judge if I could submit financials for consideration. I was told I could claim £45 for a half day hearing attendance but no more. The case has actually cost me £1200 to defend (time off work, mileage, parking etc) which is of course a tad annoying. Seems unfair that I can be dragged through the civil legal system, win the case and be out of pocket. Is this normal?
  3. I recently won against PRAC financial in a claim they made against me for a disputed PDL. (The dispute is still awaiting FO decision). Exact reasons the judge quoted were no evidence of assignment of the debt to PRAC and no evidence of a Default letter sent. Also their default was in the wrong company name. My other thread regarding the claim... https://www.consumeractiongroup.co.uk/forum/showthread.php?484274-PRAC-BW-claimform-old-PaydayUK-PDL-Debt-***Claim-Dismissed*** Today I had an email about a change to my credit report. Turns out the change is PRAC reporting a missed payment. Considering I won the claim what do I need to do to them. I assume writing to them stating the judge ruled no default/assignment so they have no right to either use my data, make changes to my credit record or in any way deal with me. Then demand they remove all entries? Any tips/examples floating around that will guide me?
  4. Hi Went for my interview today for the installation engineer role passed everything did my medical and passed all that and been told their recruitment recruitment will be in touch soon to do CRB checks and a credit file check. Only thing im worried about is the credit check few years ago after i lost my job i went through a stupid patch with silly loans and an over draft, i paid the loans off, still currently paying the overdraft which is not far off setteled since then things are getting better was recently accepted on a credit card to boost my credit history which ive been using and paying off on the payment due date. I am still worried about this credit check though as my credit history still shows very low on noddle or clear score. I have never had a CCJ or been bankrupt i have set payment plans with the lenders and are paying them all off in full. Why do employers want to do a credit check this role isnt dealing with cash or anything so dont see why its needed. Thanks as for my CRB this will come back clear as ive never been in trouble i was going to ask today but didnt feel it was the best idea
  5. I raised a complaint with safeloans - directly with them - re irrisponsible lending - I only had one loan with them way back in 2012 - but defaulted - didnt respond to their letters and eventually got a ccj - but after writing an email complaint to them which was responded to very quickly and they agreed to get the ccj set aside - I have spoken to northampton bulk centre who have confirmed this - yipeee!!!
  6. Got a PCN from TFL, stopping in the box junction of City rd and Graham rd, not far from Euston. No CCTV , and only 3 pictures ( attached ) 1. My car afterwards on normal piece of road with number plate visible 2 and 3 My car in the box junction stopped behind a bin lorry , you can't actually see my number plates. I lodged the following representation : ********************************** 1) The pictures on the notice do not show my vehicle on the box junction in any CLEARLY IDENTIFIABLE way. The box junction picture merely shows a lorry, with what could be any vehicle behind it, almost completely obscured. This could be any vehicle. Please provide some additional evidence that CLEARLY IDENTIFIES my vehicle committing an offence, otherwise I consider this matter not proven. 2. Representation procedure. Your letter clearly states representations must be made in writing. However when calling your enquiries number on 28th Sept I am informed that representations can be made at this email address. In addition , your operative claims that no written representation was received, despite it being sent first class two days previously. I believe this is a deliberate attempt to obfuscate the appeal process. Please explain these anomalies in a satisfactory way. I attach a copy of the letter you have received ( despite claiming otherwise ). Please acknowledge receipt of this communication immediately, failure to do so will confirm my suspicions of your attempts to impede the appeals process. ***************************************************************** After two weeks I received the reply : "Due to an administration error, your PCN has been cancelled" Moral of the story, it's always worth a representation - it costs nothing, they but the ticket on hold so you can still pay the discount rate if it fails. I'm wondering whether my appeal grounds were 100% valid and this was just a "try on" from TFL, either way, never cough up straight away, that's for sure.
  7. Hi, Before I start, a big thanks to CAG for past help with different matters. If you read any of my other posts you will see I had debt problems in 2007, with a failed company and business / personal debts to near £150k, its taken 9 years to clear everything, finally debt free I'm looking back over accounts to see where I can claim back some of the huge interest amounts and fees whilst paying off credit cards overdrafts etc.. my wife has a Barclays account, it's still her current account and its been active for over 30 years, due to our extreme financial hardship in 2007, we had big monthly charges, as I mentioned we had cci's and £150k of debt to repay, we had to sell the house, remortgaging with a sub prime lender, DB, Yep DB! it was a real nightmare, looking at her account you can see our mortgage, gas, electric and all necessity bills bouncing every month for years, I have statements, letters etc to prove hardship... To be honest we are not in financial trouble anymore, after 8 years working 24 hours a day, we have cleared every debt, and have brought a house and live mortgage free, I know its been said in a few posts that you have to still be in hardship and that its maybe to late to claim now. I had a thought about this though today, the figures are: Barclays current account, charges including reserve charges up to £200 a month max, we had charges every month from April 2008 to September 2015 total charges nearly £5,000 If hardship and the 2009 time scale is out of the question how about the fact we have just had three PPI claims upheld against Barclays one on this account dating back nearly 25 years, we had a payout of just over £9,000 (which is great) could I not use this as a argument that if she had not been paying these monthly amount (which they agree was mis sold and have paid) she would not been overdrawn and therefore would not have received these charges. Thinking about it there is a note on the PPI payout letter which asks if you incurred any other financial costs... Should she be going down that route or treating it separately this way? I have gone through every statement and noted the date and cost for each charge, put them on an excel sheet and used the template for hardship, I wanted to get feedback first before sending, and only thought of the note on the PPI payout letter whilst typing As always thanks for your comments in advance! Dave
  8. Hi All, Sent a parcel via Parcel2Go on behalf of My Hermes Parcel Shop, my scales showed the item at 0.98Kg however they have come back saying that was incorrect and it is showing as 1.4Kg and they want me too pay an additional charge of £1(for underpayment) then £2.49 (admin costs,) I have sent 100s of parcel using them and I said to them must of been a mistake and I will cover the underpayment but with the admin cost being 250% of the underpayment I don't want to pay it all they have done is sent an automated email to make me aware of this anyway (they say the held the package but they don't they still deliver it.) So anyway whilst disputing this I had to put a claim in for a parcel that got damaged at the value of £10 and they approved it, how ever they won't release the funds for me to refund the buyer with as I haven't paid the above fee, I can't see anywhere in their terms and conditions that state they can hold funds from an insurance pay out. Link here - http://tinyurl.com/hj7fn4x I have spoken via live chat several times but they are not budging. I also imagine with the 100s of parcels I have over paid myself as I round up the weight so I don't get hassle like this. Are they allowed too do this ? Thanks in advance.
  9. I'm new here & sorry if I'm posting this in the wrong section. I lost an employment tribunal case and I was ordered to pay £35,000 for an organisation and a union, I'm an individual (employee) and I do not have legal representation. In addition, I do not have the ability to pay as I have been out of job for 1.5 years and I have no assets I wonder what should I do? I know that I can declare myself bankrupt but I want to avoid it if it is possible as it will have significant impact on my career. I have no previous experience or knowledge of what can I do and I would really appreciate your help.
  10. Hi there I will try and keep a complicated story simple! I saw a car I was interested in the price was 21k. The car was 9 months old and had done less than 3,000 miles I took a reduced part exchange price for my car under pressure from the pushy salesman to get the deal done - (I would never have taken this price normally)this entailed rolling over 5k of negative equity into the new hire purchase agreement 3 months later a warning light comes on Take it to the garage and there is unrecorded accident damage - after much time and stress and reports my claim to have the car rejected is upheld by the finance company The independent report confirmed the car was not fit for purpose not safe to drive and a fire risk - you can imagine how scary it is that I have been driving around in this car with my family including two young children In any event I come to my question - the finance company has asked me to repay the negative equity I have argued that the agreement between them and I does not make reference to any negative equity - it defines the goods as the car and the cash price for the goods is the total amount including the negative equity - given the circumstances I think they should write it off - I would be grateful for any input - thanks in advance
  11. I thought I'd pop some details on here of a successful appeal I've just won. I was given a PCN in a local carpark despite having an annual local authority permit on the basis that I didn't display a parking 'clock' (one of those cardboard 'wheels') to show how long I'd been there. Now, in reality, they were right. I didn't have a clock, much less display one, and I'd only put the car there temporarily to move stuff from my car to the office which was just around the corner. The difference between this car-park and my regular one is that due to the fact that it's a designated short-stay one in a VERY busy tourist town. The signage is quite clear and it specifies that permit holders can only park for two hours and must display a parking clock (the benefit of hindsight when I went back to check the signage). My regular one is a designated long-stay car park which doesn't require a clock to be displayed. I appealed on the basis that I had only been there for less than 30 minutes and admitted that it was my oversight and that I'd not been sent such a clock with my annual permit. I apologised and asked for my penalty to be cancelled on the basis that I now understood my obligation to display one of these clocks (and asked them to send one to me) alongside my annual permit. Thankfully they've agreed, I feel £50 better off this morning!
  12. Many posters on CAG give great advice, with so many posts to read and so many replies to make, then all those threads to read and catch up on, how do you actually feel when the OP comes to update their thread and to ask Admin to rename their thread **SUCCESS** How does that make each and every one of you feel? knowing you helped in some small way in making the day to day lives of posters liveable again? I remember many moons ago coming to CAG asking for help having no idea where to turn or what to do! Spending many hours weeks and months learning law and how it worked, then finally getting a fuller understanding of law, so much so, it is no longer just to get out of debt but a job now. Life is not so bad when you have friends like CAG to fall back on and support you through hard times you face financially. A pat on the backs of those that help and get no thanks for their time or advice, well done to them one and all.....
  13. Hi Firstly a big thanks to this forum and the people here for their tips! Recently had a bus lane PCN cancelled by Lambeth Council. Hopefully anyone in a similar situation can benefit from the resources and information below. Judging by the c.£172k (!!!) in average annual income from this single location. This is very nearly almost resembles a racketeering operation by Lambeth Council. No doubt there are some legitimate contraventions, however the nature of this particular area would suggest some motorists are caught out due to failings on the behalf of Lambeth Council to follow Traffic Sign Regulations. Situation On driving southbound on Westminster Bridge Road towards Lambeth North station, unwittingly ended up in a bus lane as road markings and signage was incorrect and/or insufficient (see images). Received a letter a few weeks later with an initial £65 fine if paid in 14 days, or £130 thereafter. Scoured this forum and a few others for some advice as I'm usually quite vigilant with bus lane operating times and didn't recall seeing one. Found some good advice as to how a Bus Lane, and indeed other road systems, should be set-up in ‘The Traffic Signs Regulations and General Directions 2002’. Went back in person and walked the area, took a few pictures of everything. In particular, the very poor lighting, and blocking (ironically) by parked buses of the first sign; lack of distance between 1st & 2nd signs; potentially unsafe conflict area with pedestrian crossing markings; twisted signs and short road markings and so on. I did this not to be pedantic. One would imagine roads systems are designed to allow road users to travel as safely as possible, giving consistent and recognisable warning of any changes in the road ahead. Our appointed officials must play by the rules if they expect us to, and be held accountable when they do not. Having gathered some evidence I drafted the following letter as an informal appeal: Dear Sir/Madam I am writing to informally challenge the issuing of the above PCN on the following grounds: The bus lane in question is non-compliant with the ‘The Traffic Signs Regulations and General Directions 2002’ deeming the PCN unenforceable. The restrictions were not correctly signed and the road markings were incorrect. 1. The sign to diagram 958 is not located 30 metres in advance of the lane taper. As shown in the attached image, a sign is only located at the start of the taper. (Fig. 1 – taken 07/11/2014) 2. The sign to diagram 958 is not clearly visible. As shown in the attached image, the sign has been rotated to a position near-parallel to the flow of traffic. Rendering it not possible to safely view from the usual left lane driving position. (Fig. 2 – taken 07/11/2014) 3. The taper to indicate the start of the lane is not the required length or ratio of 1:10. (Fig. 3 – taken 07/11/2014) 4. The deflection arrows to diagram 1014 are not positioned correctly and are not the correct length. There are no deflection arrows upstream of the start of the taper as required. The position the arrows should be, would actually conflict with pedestrian crossing road signs. (Fig.4 – extract from Google Maps on 07/11/2014) 5. The pictures of the alleged contravention supplied on the PCN do not conform to ‘The Bus Lane Enforcement Camera Handbook’ published by the Home Office. Failure to show the correct information in the correct order must prove that the images are not admissible and render them void therefore there is no evidence that any contravention occurred. Therefore the instrument used does not appear to be an approved device. 6. Further, on inspection of the footage provided: a. No buses were hindered in their progress – alleged contravention would be de minimis b. There is no gain in position on another vehicle – alleged contravention would be de minimis c. Any attempt to rectify my driving position would have necessitated a rapid lane change to the adjacent right hand lane before another rapid lane change to the left, in order to turn left at the traffic lights ahead to continue my journey. Actions which I would deem confusing and hazardous to other road users, particularly cyclists. Should these representations be rejected then please treat this as a request under the Freedom of Information Act 2000 for the following documents: a. A copy of the bus lane order or regulation giving effect to the Bus Lane. b. A copy of the Safety Audit for this road layout. c. A copy of the engineer’s scale diagrams showing the layout of this Bus Lane, the road markings and the signage (including warnings of camera enforcement). d. Copies of any approvals of deviations of signage from The Traffic Signs Regulations and General Directions. e. Logs of maintenance visits verifying existence and condition of the signs. f. Certification of type approval of the CCTV device. g. Details of the number of times that the videotape used has been degaussed and reused. h. A copy of the Camera Enforcement logbook recording the alleged contravention. i. Copies of the still images showing all the required information in the correct order. j. The number of PCNs issued by London Borough of Lambeth in respect of this location. k. The number of PCNs issued by London Borough of Lambeth in respect of this location and cancelled by them following informal challenges. l. The number of PCNs issued by London Borough of Lambeth in respect of this location and cancelled by them following formal appeal to them. m. The number of PCNs issued by London Borough of Lambeth in respect of this location and cancelled following appeal to a PATAS adjudicator. n. The number of PCNs issued by London Borough of Lambeth in respect of this location and not pursued by them for any other reason. o. The average monthly penalty revenue raised by London Borough of Lambeth in respect of this location. I ask that you acknowledge this challenge at your earliest convenience and respond with your reply. Yours sincerely, XXX The informal appeal was rejected, to little surprise. Being quite adamant this bus lane was incorrect, I was quite willing to take this the full 12 rounds of appeals PTAS etc. For the formal appeal I sent the same letter, less the FOI requests. After several months of waiting the PCN was then cancelled! I do hope the above is of some use to anyone in a similar situation! Link 1: google maps (retrace your steps!) Link 2: pepipoo.com/lofiversion/index.php/t81781.html Link 3: consumeractiongroup.co.uk/forum/showthread.php?290879-Bus-Lane-PCN/page11 Link 4: davidmarq.com/uploaderv6_1/files/7/PATAS.pdf Link 5: forums.pepipoo.com/index.php?showtopic=92678&pid=992720&mode=threaded&start=#entry992720 Link 6: londonbikers.com/forums/840159/Bus-Lane-Fine,-but-I-think-I-can-get-away-with-it?PageIndex=3 TL;DR Drove in a bus lane as road markings and signage were incorrect. Informal appeal failed, formal appeal successful. £130 saved!
  14. Hi, I was just wondering, is there anyone out there who has successfully managed to claim back OSC or DLC, and was this after BH agreed to it or did you have to go through the FOS? Also, just wanted to understand something correctly, am I right in thinking that: 1) Before 2nd September 2013, OSC/DLC was "optional" (I understand many of you may have been mis-sold this) 2) Between 2nd September 2013 and 27th April 2015 OSC and DLC were made compulsory as part of HP contracts 3) After 27th April 2015 OSC and DLC are optional again, but they bundle in some form of repairs etc in the 5* service. Thanks for the help!
  15. I was in Court today and heard a case that involved a debtor with a Court fine, this was in the enforcement stage from a few years ago. Whilst watching this case I was intrigued that the defendant (D) was able to successfully swear the SD. The reason this was more interesting than normal was this was a fine for a traffic offence more than 18 months ago and was at the enforcement stage. The defendant was shocked that the first they knew of the debt was when the EA came calling. Good friends advised the debtor to make an SD. This was heard today. The bench in its wisdom made the following comments, Reheard the means form (MC100) not heard at the first hearing Bench asked if D would have pleaded guilty and paid the fine if they had attended that day, D said yes The bench reduced the fines and costs to monies already paid to the EA. Said to D your fine is now paid in full and you owe us nothing. Due to the bench rehearing the case it in fact noted that D had paid over what was due with their new levels of fines. But said they could not return the extra money at the moment. The bench at no time asked D if they had received the further steps notice. D had made an arrangement to pay the EA but never had a CGA in place. Now this is where it gets interesting, since the original fine has now been changed and that all payments to the EA been accepted by the Court as payment in full. But, as this case had gone out to enforcement can the EA still claim the fees added to date? Then bench said to D that they were to inform the EA that the case has now been reheard and that any monies due to the Court are now paid in full. Since the case has now been reheard and all monies due to the Court are paid , but, minus the EA's fees can the EA' still go after the fees that have been due to this point? I believe not, due to a new hearing and a new outcome which in all respect has put the case back to the equivalent to the day of the original case. Therefore now enforcement cannot be continued and in this case the EA has to abide by the new hearing results. Can the EA now go after the fees that have already be added? I think not. As the reason for the enforcement has now ceased due to the new hearing.
  16. Back in summer 2004 i took a loan out for £1500 a few months after that i borrowed a further £1000 with my x girlfriend as a joint loan. We split in 2005 an i was devastated to find that with interest i owed them £6,000+ back! Since then although i paid my half of the debt for a couple of yrs she never paid a penny my credit got destroyed and still is. I never spoke or paid a penny to them for a few yrs now (out of protest that they've always harassed me for the debt an never her). So i havent spoken to or dealt with them since 2009 even then that was a debt collector (lewis i think?) I want this thing gone, its been a ball and chain for too many years and ive realised im just goin to have to bite the bullit and get rid of it somehow. I think i maybe too late for a PPI claim now although i know for definite i was sold PPI, why didnt you make a claim sooner you ask? Well in May 2005 they amended my loan and told me they knocked money off the the balance (around £6,000) which took the balance to around £4,900. I assumed they knocked the PPI off but now that i look at my credit score im not so sure as it says my default balance is £4,300. Here is my report taken from Experian below:- Company name: WELCOME FINANCIAL SERVICES LTD Who's this? Account type: Loan Started: 31/05/2005 Default Balance: £4,314 Current Balance: £6,393 Repayment Period: Monthly Payment: £74 over 73 months Defaulted On: 14/04/2007 File Updated for the Period to: 13/02/2011 I want to know - Whats the best thing for me to do to get rid of this debt? It says it will be removed from report in 6 yrs after it went into default in 2007 (although I had contact with them in 2009) .. . Should i wait? Or if i call up and offer them a settlement fee ?? What is a Default balance?!?! Also this might be important or not .. . They said to me if i didnt take the PPI they wouldnt give me the loan, does this void the credit agreement? Im really at a loss to get rid of this debt please help! Thx!
  17. Ignoring open petitions, of 21,000 only about 30 have crossed the 100k threshold, and even there the response is sometimes just a request for scheduling a commons debate. Some don't have champion MPs and the inference is they won't be debated. 23,000 were rejected. I have yet to sign one where the govt response differed from their position when the e-petition was opened, so I'm trending to the opinion that whilst this could be e-democracy, it's really just a venting board to keep us busy. Browsing the top hitters, it seems that arguably only Hillsborough caused a change in outcome. Anyone had more luck? Do we need an e-petition to take e-petitions seriously?
  18. Hello, On the 25th November at 19.05 (after dark) we parked in a little car-park opposite Wickes in Hove which is on the Davigdor Retail Park. The small car-park had had a large re-cycling bin unit in it, plus other re-cycling bins. The car-park was marked off from the road by a series of yellow hoops. There were no signs to say we couldn't park there. There are other car-parks nearby which do have little yellow signs. see picture 01. Using Google I was also able to show that there are no signs at all on the entrance side of the car park we were in see 02 When we got back, we noticed that there was a small yellow sign behind the re-cycling unit, in a shady place under a tree so it was not lit up by the street lights, which said that we were not allowed to park there for more than 2 hours. I can't remember what the notice said exactly .. ie was it a penalty charge or a parking charge which they were threatening us with if we stayed longer. I'm going to ask my son to pop round and photograph the sign for me, and to check for any other signs. Photos 04 and 05 show the siting of the notice behind the large recycle and under a tree. I have received a PCN from ParkingEye. To start with it is not addressed properly as it does not have my name correctly, having used part of one of my middle names as a surname. It says it is a parking charge notice for Davigdor Road Retail Park It says the signage is clearly displayed at the entrance to and throughout the car-park, but, as you can see from the photos, this just isn't so for the car park I was in. The car was driven by my husband and I who are both insured to drive it. I am its keeper. Does the Protection of Freedoms Act schedule 4 affect my case? I don't know who owns the land. The point I took image 01 from Google is public road.
  19. Greetings, I wonder of one or other of you knowledgeable persons could help by throwing some light on our situation. We were advised by Santander on Friday that they had accepted and had started processing our Section 75 Claim which we made in respect of a hot tub that we purchased some few months back. Since the claim started, we have had no contact from the retailer. The problem arises as there now appears to be a difference in opinion between Santander (credit card issuer) and our home insurance company's legal department. On the one hand Santander are advising that title to the hot tub remains with us after completion of the payment from them to us, whilst the legal dept. over at Direct Line (home insurer's legal cover department) are advising that we are subject to the Torts Act, sections 12 & 13. How do I find out which guidance is correct . .. although I would suspect the the guys n gals over at Direct Line might be favourites here ?? Many thanks
  20. The following documents comprise the full judgement and the case transcript of a case brought by East Kent Hospitals NHS Foundation Trust. They were represented by Michael Sobell of Roxborough. They Lost! CAG member Scouse Magic has given permission for this to be posted in full and without removal of any data. Enjoy! [ATTACH=CONFIG]45338[/ATTACH] [ATTACH=CONFIG]45339[/ATTACH]
  21. Hi cagers, I have an MBNA Virgin card with £5000 on it. Lost my job and was out of work from august till now and i wont get paid untill the end of this month. I informed MBNA of this and that i would not be able to make a payment until the end of this month. Now i am getting bombarded with calls from them and have stopped answering but still they try despite them being fully aware of the situation and the fact they WILL get paid on the 29th Oct. As a result i have decided to see if they actually have the correct paper work and do a CCA request. Does anyone on here know a good contact name and adress for MBNA? Also if you could take a look at my letter below and see if it looks ok. would be much appreciated. Dear Sir/Madam Re:− Account/Reference Number ********* This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. I look forward to hearing from you. Yours faithfully
  22. I was recently placed back into the Support Group following my ESA being reassesed, at this reassesment I was awarded zero points by ATOS but was placed back into the Support Group on reconsideration by the DWP decision maker. I now have a letter seeming to confirm that but I have a few questions: There isn't any indication of how long I will be in the SG for on this letter, normally I believe this is indicated on the report by the ATOS HCP however in my current case there won't be any indication mention of when this would be as I was found fit for work by them. In this case does anyone know if the decision maker will have indicated a time frame? It would be good to know what to expect but I am wary of calling up and rocking the boat in case they change their minds again. Is it likely that I should prepare for being reassessed sooner rather than later? All I was told on the phone when I got their decision in my favor was that it wouldn't be forever! The letter is a little odd as it says I will be paid ESA from a date which coincides with my when my initial payments of ESA started about 7 months ago rather than from now, do continuing claims in the same financial year just run on like one claim? Also on the letter although it details in the breakdon of the money I am getting that I am in the SG it doesn't as my last letter did state that I "meet the criteria" for the support group. I take it this is because I actually failed the WCA? Finally as I believe there were serious discrepancies in my wca report I would like to request a copy of my ESA85 but am again worried that doing so will somehow go against me, would this be the case or is it safe to go ahead and order a copy? Thank you for your advice on these issues!
  23. My daughter has an annual season ticket , one day she left her ticket at home in error On arriving at destination she reported at the barrier that she had either lost her ticket or left at home She was asked to pay for a ticket and a penalty fare , she declined the penalty fare the next day she presented herself at the station with her season ticket and the station refunded the fare that she paid the previous day She was then sent a letter regarding penalty fare which she was invited to appeal , she sent all the required documentation first class. Her appeal was returned back to her denying that they had received it on time ( which they would have) the reason they gave for the delay is that the one first class post stamps was not sufficient ,one ( of the 2 applied which was OTT in any event ) had fallen off in transit and they returned her appeal to her opened ( evidencing receipt) claiming that it had not been received on time. If it was not received on time it was only due to the fact that there was a procedural delay between the appeals people and Royal Mail whilst they argued who was going to pay for the missing second stamp. She argued that was unfair , they rejected out of hand and now she has a magistrates summons . It concerns us that it is not in the appeals peoples ( funded by railways ) best interests to receive appeals on time as they would much prefer to collect the penalty and that if they can find an excuse to frustrate the appeal they will. Will the magistrates court listen to this sympathetically or not ?
  24. I couldn't find my old thread so have started a new one but to be honest there wasn't much on it. Just received a lovely letter from MBNA denying everything that I have put into my letter (no surprise there) but they have upheld my complaint and are sending me a cheque. A quick blow by blow account I did the normal thing and sent a sar then i made a claim based on that SAR based on the fact i had been mis-sold due to being unemployed. They sent a letter back denying that i had been mis-sold due to it being an unadvised sale and that they given me all the required information on a separate screen. I then sent an e-mail to the CEO of the European card division informing him that this was my final letter before i sent them a letter before action and made a complaint to FOS and FSA. My points in the letter where that he PPI was mis-sold as the PPI box was pre ticked That there was no information that the purchase of PPI involved buying insurance. Nor at any time was there information that the policy could be cancelled That in the letter sent by their staff claimed that this information was on a separate screen i pointed out that this was irresponsible as such popups are often blocked as they are a popular method for getting viruses onto machines. The information should have been next to tick box otherwise a responsible computer user may block this necessary information. I also pointed out that they did not supply the T&C's of the PPI when i did a SAR and as such they have either broke ICO guidelines or the conditions did not exist and as such MBNA did not provide the written documents as required by the FSA. The letter they sent back denies everything but upholds my complaint. I hope this provides a glimer of hope for others who have a virgin/MBNA card who applied online and were mis-sold PPI. Now one the cheque has arrived time to reclaim unfair charges i think they will fight harder on that one. A big thank you to CAG this site and its community is a goldmine of information.
  25. After a long drawn out procedure appealing two PCNs sent to a previous address and following two separate visits to my house by same bailiff, rejection of my out of times by the London borough, I had a court date in July and my two out of time applications were allowed by the presiding judge. The LB did not turn up. However I have found it impossible to get money back from the council. They are saying that because the order did not specifically say that charges must be refunded then they won't give me any money back. Has anyone experienced anything like this? I am minded to sue the council in a separate court action as well as the bailiff because I found out much later that the bailiff had over-charged me. Never had a parking ticket before, so this was all new to me. I have emailed the court several times since then and they kept saying the order stands. The latest communication from the court said that the case has now been sent back to Northampton. Does that usually happen?
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