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Found 169 results

  1. Any help appreciated I bought a car on HP in 2003, It was beyond my means and I only made 4 repayments -the car was repossed in 2005. I had a company called Marlin ringing me at work constantly and I was bullied into paying £15pm - I moved house and changed banks and the payments stopped in 2013. In 2015 I had letters from Cabot requesting money - over the years I have argued with them over the debt. They say it was assigned to them in 2016 yet I have statements from the original HP company in 2007 showing the balance - so how can they have it assigned if it was still with the original lender. It was due to become statute barred on 01/02/19 - however Mortimer issued an online claim on 27/12/18 - I defended and requested a SAR - they have only sent me 2 out of 9 pages of the credit agreement - which includes PPI and Gap insurance. There are various inconsistencies in the paperwork, dates amounts etc. Do I stand a chance in court of getting the claim in my favour or should I just negotiate with the Solicitor on a reduced amount?
  2. Hi all, Firstly I wasn't quite sure which area to post this, so apologies if I've got the wrong place. Right, to my question. I won £6500 on an online casino last July and they are refusing to pay me. I have done all of the SAR, online mediation, contacting the CEO of the company, involving the gambling commission etc etc to no avail. The casino's stance is basically "take us to court". I'd love to as I've got a water-tight case, but the problem is that they're based in Malta with no UK service address. Questions: - Am I correct in thinking that I have to take them to court in Malta? and if yes.. - Does anybody know how to do this and if there are any solicitors who may specialise in these type of overseas disputes? - Any other general advise on how best to proceed? For info, the casino involved is Slotty Vegas and their parent company is Max Entertainment. Many thanks, Lee.
  3. I owe one of my creditors £32000, (more than half of this is their solicitors costs) after speaking with Business Debtline and preparing a budget I offered them £440 per month. They got a order for me to attend court for questioning. I went to the court with the documents requested which were statments for all bank accounts, HMRC returns etc. Their solicitor was there and asked me questions regarding my income, (although they hadn't listed their questions before hand) After court the solicitor wrote and asked me to supply my bank staments since 2017, I replied they have seen all my current financial position and ability to pay. They have written back today to say they are trying to deal with this amicably and if I dont send through what they want they will get a court order and those further costs will be added on to my debt. Can they get a court order to see that far back?
  4. I posted a mobile phone I sold to someone using Royal Mail's {RM} Guaranteed next day delivery before 1pm service. This service also includes insurance for up to £500 for loss or damage to items using this service. The item was posted in the UK from my local Post Office in Cheshire to Northampton so classed by RM as mainland mail. The recipient collected the item from their local RM sorting office and when opened there it was found to have damage by way of a cracked screen. The recipient advised me of the damage in writing within 30 minutes of collecting the item and at my request he posted it back to me in a package in its original packaging then I refunded him the cost of the phone. I then submitted a claim for compensation (£106 to repair the screen) to RM under the terms of the insurance sold to me (up to £500 loss or damage) with the guaranteed next day delivery service. On submitting the claim I fully complied with all of RM's requests for information, proof of posting, photographs of the item both pre and post damage, eBay listing number, Paypal Transactions etc . The first reply from RM was a letter of 24/11/15 saying they were sorry to hear of my problem, but they did not confirm or deny they had damaged it. They went onto say the damage was most likely due to my negligence for not packaging the item correctly and in turn they would not be offering compensation on this basis. They also returned my item with this correspondence. I escalated the matter and asked them to review the case and told them the item had been packaged correctly using reasonable care and that the suggestion I was negligent was unhelpful and insulting. I asserted it had been damaged by RM's employees or possibly by their mechanical sorting equipment and refuted any negligence by me. Once again RM wrote back in a letter of 3/12/15 saying they had looked into the matter but felt the original decision was correct and that no compensation would be offered as I had been negligent by not packaging the item correctly. They advised if I was still not happy with this decision then I could escalate it to their "Escalated customer Resolution team". Once again I wrote to RM and explained to their Escalated Resolution Team that I required them to pay for the damage to item, pointing out I refuted that I was in any way negligent and that I had taken reasonable care in packaging the item prior to posting. I also advised them that I was very insulted/offended by their suggestion that I had been negligent. I advised them that if they did not pay for the damage I may have to consider legal action by way of the Small Claims Court. The Escalated Resolution Team responded on 8/12/15 by saying that they had reviewed the case and that after reading correspondence the original decision was correct. The individual went onto say: "I have reviewed the details of your claim and I am afraid I have concluded that it was handled correctly and the previous response appropriate. If I can clarify, to look into the outcome of your complaint I have carried out a further inspection of the packaging of the damaged item and original packaging. Having completed these investigations, I am satisfied there is no evidence of any damage to the external packaging consistent with the damage caused to the content. Having reached this regrettable conclusion, as your item could not have been damaged during its journey with Royal Mail we are not responsible for the repair or cost of your item". It is interesting to note that there was no proper review carried out by the Escalated Team as the mobile phone and packaging could not have been inspected as it was returned to me by them on 24/11/15. I am also very angry as ultimately if they are stating the damage was not done by them; there is a suggestion that the item was damage already there prior to posting which is implying I submitted a fraudulent claim. I have no reason to disbelieve that when the phone was received by the individual at RM's sorting office it was damaged as RM's tracking system shows when he collected it and the email message from him advising of the damage demonstrate he contacted me within 30 mins of collection, so allowing for time for him to travel home and write to me etc seems fair enough and as aside I have no reason to question his character. I wrote back to RM in a letter before action advising them I was very annoyed by the content of their message and giving them 14 days to pay for the damage or the matter would escalate to Small Claims Court. Once again RM wrote back saying their position was unchanged in respect of their decision. I have raised a claim via MCOL and I have asked for the £106 for repairs to the screen. I refuted I was negligent and cited RM as having acted both disingenuously in the handling of my claim and also my annoyance as the implication that I have acted in some fraudulent manner. RM's legal team have lodged a defence which in my is perhaps simply an attempt to muddy the water and over complicate the issue by arguing various immunities: 1. No contract was entered into between the parties 2. RM has immunity to a claim in tort in respect of such delivery of post 3. RM may only be liable to pay compensation if the conditions of the scheme known as the Royal Mail UK Postal Scheme (UK Post Scheme) are satisfied. 4. The claimant did not comply with RM's packaging guidelines therefore compensation is not available. 5. Even if the RM is liable under the UK Post Scheme, liability is limited under the scheme and the defendant, RM, is not liable for consequential loss. 6. Further argument of no contract existing quoting Harold & Stephen Co Lts V RM {1978} 1 AII ER 939 7. Immunity in tort: Citing Ofcom designation of RM as a "Universal Service Provider" USP* within the meaning of Sect 65(1) of the Postal Services Act 2011 and Ofcom's designation being made under Schedule 9, para 3(1) of the PSA 2011. 8. Citing RM as a Postal Operator under Sect 27(3) of the PSA 2011 and a scheme under Sect 89 of the PSA 2011. 9. As RM is a USP* & a Postal Operator there is no right to a claim of tort as sections 89 & 90 of the PSA 2000 applies. 10. Guaranteed Next Day Delivery is a scheme under the UK Post Scheme notified to Ofcom under Sect 89A of the PSA 2000. 11. Under the arrangements of the UK Post Scheme, in the absence of no arrangements under the UK Post Scheme no compensation is payable even if RM are deemed negligent. 12. They do admit compensation can be made under Sect 91 of the PSA 2000 provided all the terms of the scheme are complied with. [this makes all the waffle above seem rather irrelevant?] 13.They make further references to packaging guidelines and their service users obligations under this aspect of their T&C's. 14. The claimants packet did not meet with the requirements of the packaging guidelines therefore RM is not liable. Sorry if this all seems rather long winded, but i feel if there is advice given to me it should be done with people being made aware of the full facts to date. My simplistic view is that at 12 above there is a right to sue; the other stuff is added by their legal team in my view to dissuade claimants from progressing further. I did package the item in a bubble wrap envelope and then further wrapped the item in a protective foam sleeve. RM's guideline is simply to cover in 1cm of cushioning - something which I have done; so why they are not paying out beggars belief. *In respect of all of the other waffle, is it not fair to argue that the average person walking into a Post office to post such an item using such a premium service simply could not be expected to either research, review and understand the legal complexities of all the aforementioned either online or on hard paper at a PO counter before posting? Would these terms not be an issue under the Unfair Contracts Act? Further the Post Office accepted the item in its packaging. * Is it not the case that RM is also a retailer as I was sold insurance with this premium service? If so, are they not subject to any of the obligations Under the New Consumer Rights Act 2015? [introduced on 1/10/2015]
  5. any advise welcome. I received a PCN from a PPC. I appealed to them and got standard "get lost" template response In this appeal I told the PPC to stop processing my private data as they had obtained it unlawfully from the DVLA due to the non compliance of POFA, BPA CoP and DVLA contract. I appealed on fact that PCN not PoFA compliant, not BPA CoP compliant and single sign with t&cs was not visible. then Appealed to POPLA on above points and many others such as no contract, etc, etc POPLA upheld my appeal without addressing any of the points except the first one of not PoFa compliant. wrote to PPC and told them again to stop processing my data and confirm within 21 days removed from their systems. no response from them. I have now issued small claims for the damages I suffered - petrol to go visit the site to photograph the sign and layout, stamps, envelopes, parking to post, electricity usage on computer, etc in amount to £400. plus £400 damages for distress under DPA. They are defending saying they had "reasonable cause" to obtain my private data and that Section 35(1) of the DPA applies which allows the DVLA and the PPC to process the data due to the Road Vehicles Regulations Act 2002 27(1)(e). Besides the fact that I think that the definition of reasonable cause by the DVLA is arbitary as they change the definition whenever they see fit and its not defined in legislation and therefore does not meet the requirements of the EU Charter of Fundamental Rights(another whole story ongoing with the ICO for 4 months now!), I believe the PPC is not allowed to process my private data under the Section 35(1) exemption of the DPA, in my opinion, taking the Supreme Court case in The Christian Institute and others (Appellants) v The Lord Advocate (Respondent) (Scotland) into account: http://www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKSC/2016/51.html&query=("section+35") Paragraphs 56 and 57 are the most relevant. the reasonable cause provision under Road Vehicles Regulations Act 2002 27(1)(e) is not a statutory obligation and so does not meet the DPA Schedule 2 requirements.(para 57) And paras 3 and 5 of Schedule 2 of the DPA also do not allow the release of private data to the PPC due to the fact that the PPC is not processing the data as a function of a statutory duty. This is also subject of a complaint with the ICO. (para 56) any other thoughts or points I can use to ensure judgement goes my way?
  6. Hope I can get a quick bit of advice/knowledge from you guys. Lowell have been sending my husband the usual series of threatograms over a Talk Talk account debt and have now sent us a county court claim form. What makes this especially fun is that this debt is absolutely not ours. We have never had an account with TalkTalk. Hubby has even phoned TalkTalk and verified that he has never had an account with them (and they actually confirmed to us that the debt is question is not and never has been registered at our address - but we can't really use that info because under data protection they shouldn't even have told us that much). Hubby has a very common name and I can only assume that Lowell, being unable to find the actual debtor, have just sent out speculative threatograms to everyone they could find with that name in the hope of bullying someone into paying. We haven't bothered replying to the threatograms because, quite frankly, why should we? It's not our debt and we are under no obligation to send them personal and/or financial information (also, in my past experience of DCAs chasing a debt for a previous resident of our address, these companies are extremely reluctant to remove a name/address from their records unless you can provide them with an alternative address at which to chase - they would rather continue to pursue payment at an address they know not to be that of the debtor than have nowhere to send threatograms to). I am submitting our defence to the claim on the website and it's fairly straightforward because it amounts to, Sorry mate, not our debt, sod off. But I would like to get Lowell in as much trouble with the courts as I possibly can for their unscrupulous shenanigans I would like to know what the regulations are (I know there are regulations DCAs are supposed to follow, not that they often do) about chasing debts/issuing court action etc when they haven't even ascertained that the person they are chasing is the actual debtor. Are they in breach of regulations here? Or are they actually allowed to send out threatening letters to everyone with the same name as the debtor they are seeking and take people to court just because they have the same name as a debtor? Any help/thoughts/guidance much appreciated.
  7. Hello folks, I tried taking out a mobile phone contract with EE in 2016. I was declined and, on contacting EE, was told there were three T-Mobile accounts in my name from 1999-2002 (approx) with an outstanding debt of around £450 in total. I finally got round to sending an SAR letter last month and received a reply today. EE have sent me a couple of pages of account notes but no mention of the outstanding amount(s). Firstly: based on this, I'm pretty certain that EE have sent me incomplete data - however, without knowing how their systems work, I don't know _what_ data they must hold on me, but at the very least, somewhere, there must be a total amount owed. Secondly: the notes say that I disputed that the accounts were mine (which I did), and EE decided that it wasn't fraud because the accounts were opened using my name, address and date of birth. I genuinely don't remember opening these accounts. How can EE be so certain that I opened these accounts simply by checking that my name, address and date of birth match? I just want these accounts removed from my record so I can, should I still want to, take out a new phone contract with EE. Is there anything I can do here, or do I just need to accept defeat and find a different mobile phone company? Thanks in advance Alex
  8. Hi everyone I’m not sure what’s happened but my council are taking me, my brother and sister to court over unpaid council tax. I’ll upload the documents so you can see what they’ve said. But I’m certain the amount they're quoting is wrong. My council asked me to increase the amount we pay each month around the beginning of this year. I think March or April but not too sure. I changed the amount we send to cover what they said we needed too. Then I didn’t hear anything until August this year where they sent a bill that didn’t make sense. It made out that we hadn’t sent anything to them. Now at this point I’d just lost my job so I ended up burying my head in the sand why I looked for a new job thinking it’s wrong and they’ll work it out. Again didnt hear anything until the 2nd of November when we got a court document saying we need to go a hearing on the 22nd of November 2018. I’ve only managed to find a job in the last week so haven’t been able to get on here to upload it when we got it. The only reason I can think of for them saying we’re not paying is that the payment could have the wrong account reference on the standing order. When we moved into this place at the end of October 2017. The same council contacted us about payment with us being in the same area. I updated the payment on the standing order we had for our old place with the same account reference. I did this because they didn’t change it on the letter we got when we moved into are new place. But the letters I’ve got since August have a different account reference on them. I can’t see it making a difference though because until August this year I didn’t get anything saying we hadn’t payed or owed anymore then what we’ve been paying. Would appreciate any help on this. Thanks Scanned Documents.pdf
  9. I have been living in my current flat for approximately 5 years. Firstly with a partner and recently by myself. During this whole time I have had a pre payment meter taking debt every time I top up for a previous tenant. Through my own laziness and stupidity I didn't pursue the issue. I tried to at first but couldn't figure out where to start and about a year or so ago the 'debt' being taken off was a negligible amount (approximately 50p-£1 for every £10 I topped up). However, recently the rate that the debt is added seemed to have escalated to £2-£3 per £10 topped up. I should have pursued this much sooner I realise this, but I would really like them to stop charging me for a debt that has never been mine and to recover some or all of the money that I have paid towards this debt that is not and never has been mine. Is anyone able to advise who I should contact and how I should go about this?
  10. My mum has had a mortgage for 45 years. It represents 17% of it's value. They don't want to continue it, once it reached the end of it's term, even after agreeing to continue it in May of this year. We only get to know a repossession court date is due on 30th of this month, 10 days ago. Barclays know she was staying with me over summer and it was only a neighbour checking post, that alerted us. (Barclays has made it very difficult for me to assist my mum on the issue) They wanted a message from the doctor, which they got, now they changed their mind and want a more formal letter via the post. Before 'possibly' reconsidering. Her rate was/is a minimum of 5% and went higher when rates increased recently. So they are earning well from her. Plus she paid off two loans they sold her, to pay off overdrafts, they kept letting her fill up! Until we asked them to stop. Both stink of miss selling. The impact of this will worry her, cause her to fear leaving her home and disrupt her recuperation with us. An effort that took her from being skin and bones, close to death (even with carers/social workers visiting), to eating and being more healthy.
  11. Hi All , I was a bit silly and took some low value items from 2 stores and M&S yesterday. I was stopped on high street and asked to return to M&S, where they made me sign a Notice of Civil Recovery and Trespass and told to buy the products or they'd call Police. I wanted to know if M&S representation stated in the document as: Drydensfairfax, was one of these RLP companies ? Should I expect letters from? If so just ignore them? As far as I'm concerned I paid them back for what i wrongly took, and they let me go. They said they would notify the other 2 companies that I'd taken from and confiscated these items [mainly food]. The net value - not including M&S's, that I'd paid £30 for - was approx £90.00 so about £120 in total. If they pass my details to other companies, is that a breach of Data Protection? The security "ranger" didn't call the police, should I expect Police to get involved further? I'm not going to do the above again! I'd never taken from these stores before and have no record.
  12. Hi I'm new here but would like to ask has anybody taken Parcel2Go to small claims and won? My case is: I instructed P2G to pick up and deliver a very heavy 33kg Subwoofer speaker to my address without taking their extra insurance. Its was delivered a couple of day later with broken corners and a grill that was recessed into the unit. I'm taking them to SCC under section 54 of the consumers rights act 2015 holding them of negligence and in breach of contract by operforming reasonable care and skill in delivering this item. A last letter of action was sent and I'm now looking at a Notice of proposed allocation to the small claims Track which needs to be sent before 20 July. P2G have sent 12 pages defending the claim Any advise or help - Thanks
  13. I've got it in my head that I should take a local minicab firm to the small claims court. Some friends think I'm stupid, others think I should go for it. Perhaps someone on this forum can knock some sense into me? On the 30th July 2018 I called my local minicab firm and booked a cab for 4am the next morning (31st) to take my family to the airport for a holiday. I was told this would cost me £30.00. I live 25 minutes drive from the airport and the flight was scheduled for 0630. At 04.05hrs the next morning with no taxi present I called the cab firm. When the phone was eventually answered I was apologised to and assured that a taxi was on its way and would be with me between 10 and 15 minutes. At 04.20hrs, with no taxi having arrived, I called the minicab firm again. I was told again that the taxi was almost with me but when I pressed the operator for an actual location he admitted the driver was in another area which I know to be at least another 15 minutes drive away, possibly more. (This is not subjective, Google Maps etc shows this to be the case). I felt I was unable to trust the person I was speaking to on the phone seeing as they had already lied to me with the initial claim that the car was almost with me. Worried that I may miss my flight I felt I had no choice but to drive to the airport and use the long stay car park. What should have been a nice gentle beginning to a holiday was a rushed nightmare. If the operator had simply been honest the first time I had spoken to him and admitted no one would be with me for at least half an hour it would have been a lot more helpful & I wouldn't have had to make my last minute decision of driving to the airport; I could have tried to call a competitor or tried my luck with Uber. But I felt I didn’t have time for either. The cost of 8 nights parking at the airport came in at a sizable £239.00!! And I don't really have £239 to throw away lightly. My question is should I take the cab firm to the small claims court to get that money back? My issue is not just that the cab was late but that the operator was lying to me, the combination of which could have meant me missing my flight. Now I’m not completely unreasonable and seeing as my original plan had been to book another cab through the same firm for the journey home on the 8th August, presumably at the cost of another £30.00, I would be willing to accept £179 from them (ie the £239.10 cost of the parking minus the amount I would have paid had the driver turned up). I emailed the cab firm while I was away to express my frustrations and have never received a reply. On return to the UK I sent a letter by recorded delivery (which I can confirm they received) reiterating my complaint and asking for £179.00. I asked them to respond within 14 days. It’s now day 16 and I have heard nothing. So do I take this to the small claims court, something I have never played with before? Or do I give up and just feed my kids bread and rice for the next month? Did I ever receive a text message / anything in writing confirming the taxi I booked? No I didn’t. Did I record the conversations? Of course not. So they may choose to contest my version of events. How can I prove my account? Other than having my wife back me up (probably not a very independent witness) my mobile phone show me calling the cab firm on the 30th July when I booked the taxi. It also shows me calling them at 0405 and at 0420. Why else would I be calling a minicab firm at these times? Why else would I have an airport long stay car parking ticket timed at 0450hrs that same morning? I would like to think that this evidence backs up my account to the standard of ‘balance of probability’. Their website is currently down (I don’t know how long this has been the case) so I cannot see their terms and conditions. Any advice / suggestions to grow up would be much appreciated.
  14. I know that you can not take a child (i.e Person under 18 years of age) to court via Small Claims Court. However, I am wondering if its possible to take the parents of children to court?? Basically the case is one where I provided a service to a person who was 17 years of age and didnt pay for it.... Am I able to take the parents of the 17 year old to court even though they were not part of the transaction?
  15. Can someone please advise which is the best course of action now. Back in February 2018 I had a missed connection flight with Eurowings which is part of the Lufthansa Group. The plane was delayed leaving one airport and once arrive in the connecting airport the flight had already took off. Thus missing my connection flight. I paid for another carrier to get me home which they eventually refunded. My gripe with Eurowings is the EU denied boarding regulations and at the time the only advice I was given was to accept the next flight which was 12 hours away. I have appealed to Eurowings which they have bluntly refused to pay compensation. I then took it to there ADR resolution service and they ruled in my favour. But the airline still refuses to cough up. Do I take the airline to a small claims court in the UK as Lufthansa which Eurowings is part of has an address at Heathrow Airport or do I need to go through the EU courts as there Head Office is in Colone, Germany. I am raging with Eurowings knowing they are bluntly not following the EU regulations. The Ombudsman SOEP has ruled in my favour but they are still not playing ball. I have given them 7 days now before I take action but would it be better through UK courts or do I have to do it via EU small claims? I have attached the outcome to this claim from the Ombudsman SOEP and I would like advise on what to do NOW. Fingers crossed all deleted can someone please help! The ADR scheme SOP ruled in my favour but EUROWINGS refuses to pay up. Do I need now to take to court? I know is only 90 quid but is besides the point. As its a German carrier they have a group address at Heathrow Airport. So can I take through UK courts or need to do an EU claim to their head offices Schlichtungsempfehlung Fall F 66956-18.pdf
  16. Hey. just received the court documents that shoosmiths are taking me to court for non payment on a 4k credit card debt. i know i owe this but just asking if there is anything i can do to try and stop the court action or even better get the action stopped. i was following a post about asking them for all different documents but the post has been deleted. any help would be great many thanks
  17. Hi.. I am insured on vehicle and my current insurnce compnay will not transfer me to the car I want to drive, they even said no one was coming back with a quote as I was uninsurable... I knew this was rubbish. I went on go compare and got a quote for £995 (still high but given my circumstances I knew it would be about that). I have a short while left on my current policy, I want to know am I good to get another policy out before old one has ended? i am giessing yes?).
  18. How would i go about finding out if a landlord (housing association) is liable by law/regulations or contract to perform certain repairs/modifications on the property? I have a few issues that i would love to get remedied but have little luck getting them looked at seriously. One being a very common problem for all the flats i know in my block is that people upstairs simply walking quietly across the floor causes all kinds of very loud creaks and bangs. Very disturbing if your underneath even with tv or music on and ive seen how unavoidable it is from the other side too walking on such floors when visiting neighbours. I had a lot of trouble with a noisy neighbour years ago which culminated in noise equipment and so on being installed which picked up this noise (on top of the fights) but my landlords refused to even listen to the recordings offered by the local council. Secondly i live in my 2nd bedroom which is very small. Since they moved the boiler out of the large cupboard and into the bedroom (there was a CO leak from the waste gas pipe) and boxed in underneath it as well as boxing in pipes running along the floor the room has become massively unusable as a bedroom. Placement of door, window, radiator and said boxing making any kind of half sensible arranging of a simple bed and wardrobe very oddly laid out. i would like ideally to have the pipes running across the top of the wall rather than bottom. Lastly the flat has no drying facilities. No outside washing lines, no front/back garden or balcony. it had a simple line that crossed the bath at one point (it was crap and never used as someone was always wanting to shower or bath) but that was made unusable some months ago when they had to replace the shower and its now in the way. Just wondered how i would go about checking up on building regulations or similar to see if i can force a remedy on any of these problems. Previous experience has taught me they wont do bugger all until they have to. Thanks.
  19. Looking for some advice. Been paying CSA through a deducations order set at £30 a week as stated In their letter as of 2007 I assumed that any wage changes would adjust with payroll so forgot about it and carried on. I have also been paying another none CSA related debt that I assumed had started coming off my wage about the same time for £20 a month. On my wage outgoings were down as £20 debt. I called my wages department as had a letter come through the post about 4 weeks ago to say I was changing from CSA to CMS in September and was there anything I needed to do and they said they would probably contact them shortly before or after that date but I was best to contact them. While she was on the phone I asked them to check the £20 debt as £6000 was owing and I wanted to double check how much had come off. She came back to me and said there wasn't any debts and the £20 a month was the CSA court order. I said to the women on the phone back in 2007 they said they were taking £30 a week. They said they can only go on what they have been told to pay and it usually adjusts per year based on salary increases what they pay out as CSA usually contact them. She was as confused as me as to why it never changed. she suggested I contact CSA to find out. So far I have left it as I don't know what to do. CSA have never contacted me since they first wrote to me in 2007 telling me what my deductions of earning orders were and then 4 weeks ago to tell me it was changing to CMS. I've looked at the what the debt could be based on my earnings and it could be anywhere from 18k-21k. I earn £1300 a month, my wife lost her job last year and we have no other income other than my wage to live off by the time I have paid Rent, Bills, Council tax and £269 a month to a load of debts when wife lost her job it leaves me with about £150 a month for food for a family of 4, 3 adults 1 at uni full time and a 3 year old. I don't know what the hell to do and scared they'll take everything out of the house or we'll lose the house because I can't pay the rent. if they take nearly all my wage of me. I thought it was coming off my wage before I got paid, I don't understand why CSA have never written to me as soon as they saw the wrong amounts were being paid. I've seen the horror stories in threads below this one. I;ve even read they can send you to prison?
  20. Hi all, Sad (but happy!) to be back on the CAG - as it means another legal issue. For my sins I took out a contract for fibre with TalkTalk a few months ago. Previously I was with BT directly and never had problems. Once the switch was done to TalkTalk it was dire and never worked fully since - dropping connection, slow speed, awful CS, and so on. I initiated a complaint with them internally and they gave themselves 28 days to fix it; over a month later it still isn't fully fixed so I have given up with them. I have written several letters and CC'd them to the CEO but just get boilerplate letters back. All I want to do is leave and move to another provider. TalkTalk have relented here but are saying they are owed the rest of the contracted amount - £300 odd! I am concerned cancelling the Direct Debit will mess up my credit history so I am minded to let them take the funds out, then go to MCOL to recover the funds + minor costs that way via 1982 Supply of Goods and Services Act and their failure to follow. OFCOM refer me to some pointless and drawn-out "alternative complaints procedure" but frankly I have wasted enough time on this petty issue and just want to move on. My question is, given that TT have failed to fix the issue despite being notified within a lengthy timeframe, can I go directly to MCOL and recover costs that way, or will MCOL look down on me for not following OFCOM's useless alternate resolution garbage?
  21. Hi everyone am posting this on behalf of a family member who is in this situation and doesn't use the internet. family member is a professional for the government. I will just refer to them as X.. X got their car keyed as did all the government team in a hospital car park by one of their service users who has a mental illness. Every single one of the people who got their cars keyed by this person reported it. The hospital captured this on CCTV which they have stated is 1080P sharp and clear and shows this person doing it. The police were called as a result and took the CCTV footage. All staff have so far settled claims either through insurance or cheapest quote. The mental patient here as well does have money as he jumped out of a window whilst in NHS care and got a substanial 8 figure sum from the NHS. X reported it to the police too, who under caution interviewed this service user/mental patient. The patient admitted keying X's car in a taped interview to the police. He said he did not realise X was not part of the government local team he keyed. Guilty person said he would pay full damages for repair of the car. X waited for him to pay 2-3 months but he did not, the police were chasing the service user/mental patient and the police had him mentally checked and a doctor declared he was under his own capacity of thought and has known what he did, so he is not unfit to be prosecuted. Police chased him for another month and told X not to worry they will be a witness in the small claims court if needs be to recover losses. X has this in writing in emails and alot of email evidence. Guilty party/person never paid and police now turn around and say X must get 3 quotes to satisfy guilty party's solicitor. X got 3 quotes, cheapest was £1400 inc car hire. Guilty party refused to pay it claiming it was too much. X was told the police cannot force him to pay it and X would need to go to small claims court. X filed in small claims court and the defendant/guilty party failed to respond within 14 days. X then filed judgement using MCOL online. X has today has a letter saying judgement has been entered. Now the Police have come back and said the guilty party will pay £1300 (excluding car hire) but will not pay court fees. Police have advised X to take the above as they will not be a witness if X does not take the above deal. X advised them can they put in writing (police after speaking to guilty party solicitor.) Police stated no they will not put in writing again cannot make him pay. X refused police's offer and stated the guilty party has had many opportunites to pay before court. Police offer now has told X in a u-turn that 2 weeks later after judgement has been filed that they have managed to get a cheque for X which £1300, still minus car fees and court cost. X was going to go back and say they will accept £1300 cheque as part payment but remaining balance will be settled through judgement can they do this? X feels it is unfair they are suffering and police is siding with guilty party kind of and wants to know if a judge would go against them for not taking the £1300 offer as X has suffered time off work and is not a high earner who is a single parent to 4 kids. X is unsure how judgement will work next as well, can anyone advise?
  22. Hi, I don't know if I'm posting this in the right place but I need help. My daughters boyfriend has just received an eviction notice, stating the eviction will take pkace a week on Thursday. I'm currently sketchy on the details but it's all due to problems with housing benefits etc. Hes had a nightmare of a couple f years, he was persuaded to take a 16 hour a week job because he was on DLA and could claim working tax credits, he also kept his housing benefit. He then lost his claim to DLA when he had to change to pip and so lost his working tax credits. He also lost his housing benefit but that was reinstated. Currently he has a total income of £120 per week and is supposed to be paying towards his rent as his housing benefit doesn't cover it all. Now he's buried his head in the sand, my daughter had just phoned me to say that he's being evicted and the eviction notice was delivered on Saturday morning. He has tried to contact the council today to see if there is any way he can stop the eviction and they have said no not unless he pays all of the arrears. I don't know if the amount they are wanting includes all of the costs that will have been added to the debt outstanding. Is there anything at all that can be done to help him keep his home or are we looking at a lost cause?
  23. Hi all. I am in the process of moving my mum from the awful Talktalk to a company more reliable and trustworthy. However, it has come to my attention that Talktalk have been taking not one but THREE payments a month from her account. What's more, it looks like this may have been going on since 2013! Things are not making much sense to me I need to dig a little what I know so far is this... There are two amounts being taken for Talktalk and one for Talktalk mobile. She does not have a Talktalk mobile and certainly only one phone/internet line. I recall seeing a paper bill earlier this year which was for over £60, yet when I logged into her online account it's showed every bill at the same amount, £40.45. Almost every month she receives messages warning that she has almost used all of her allowance and has even been cut off a few times, yet online it says her allowance is £250 a month and NONE of it has been used. I checked at least five or six bills and they all said the same. On her bank statement the two main direct debits were started at the same time, have the same ID but a different account number. I also know there is no way she makes enough calls to use up even a fraction of that allowance. It seems like they are sending paper bills for one account whilst the other is handled online and something is very wrong. I won't be able to do anything until Monday when I will take her to the bank to see what transaction information they hold. I will also be looking to find as many bills and bank statements as I can to see how far back this goes. I estimate that Talktalk may possibly have robbed my mother of at least a couple of thousand pounds and I want to do all I can to get that back for her. The down side is, of course, I'm amateur at best when it comes to law which is why I'm posting here. If anyone can tell me what to do or where to go once I have this information it would be most helpful. My mum is a widowed, disabled pensioner who has mental health problems that affect her memory and concentration and in my opinion they have completely taken advantage of her, even upgrading her to the more expensive fibre - she has no need for this, she doesn't even know what it is!! I have had experience of their customer "service" myself in the past so if there's a way I can avoid going down that route I'll take it. I'll check back here over the weekend as I am busy tomorrow, for now I just need to gather advice to use after Monday. Thanks guys.
  24. I took out a Service Plan agreement less than 14 days ago and want to cancel. Essentially you pay £26.99 a month for 18 months and it covers a major and minor service, fair enough. However, Ive decided to cancel and simply pay for each service in lump sums as it will in fact be better for me if I want to change cars within the timeframe as if I did then the balance is due which again is fair enough. However, I have NOT claimed on the plan at all and speaking to VW financial services they are saying ok but that it takes up to 28 days to cancel (funny how it only took 20 minutes to set up) and that the first payment is due within that period and they will take it and its non refundable. Other than cancel the direct debit, have I any recourse and is it me, or does this sound like pretty dubious practice anyway?
  25. I was gong through bad time financially few years ago and I built up some debts using payday loans such as Cash Genie. Or Motormile finance. I received a letter from Moriarty Law saying they're sending me county court papers for £105 I still owe Cash Genie from 2011. I also received county court claim form and I attached a copy. My main problem that I work for financial institution so if I get CCJ I'll be forced to quit my job. Can they really take you to county for only £105??? Now they increased it to £188 with court fees and theirs. This is looks serious and I'm worried! Any advice is appreciated guys! Thanks in advance Angela.
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