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  1. Hi there My husband has received a third party debt order for an overdraft on an account that hasn't been used for 13 years The claimant is I.N.D Limited Defendant is obviously my husband Third party is Santander There is a date for a court hearing on the document but after trying to discover exactly what this all means we are getting even more confused There is talk of the account being frozen and monies taken but this account no longer has any funds in it as far as we are aware. Do they mean that they will force him to inform them of the account he uses now and if so how does that happen. He has had no contact or made and payment to this account or to any debt collectors Any advice will be greatly appreciated Many thanks
  2. Hi, my mother had a CCJ awarded against her (2 years ago) for an x-partners debt taken out in her name, she had a a suitcase full of proof in her favor that it wasn't hers to pay yet the judge took the side of the debt agency and issued the judgement. She has refused to pay and after several threatening letters over the past 2 years, a change of tactics letter was sent in the form of a "Third Part Debt Order". I have informed her to what that is but am curious? Are they allowed to freeze a UK ISA? or is is only the bank account (assuming the judge awards this). Thank you
  3. Last week a very important judgment was released in the High Court in relation to Part 85 'Third Party' claims. Given the importance of the subject, Master McCloud issued a draft decision, and invited the High Court Enforcement industry to provide comments and suggestions, based upon their experience in the area. The reason why the Master was asked to make the judgment is outlined in details in the following post. In this respect, I have referred to the recent news article from The Sheriffs Office.
  4. Good afternoon all, I was employed as a contractor with a small company. They advanced me my fee in advance of work carried out and then cancelled the contract and asked me to pay back the advance. I had already used the money for urgent matters but undertook to repay them asap. They gave me a piece of paper with a date to pay back by which I agreed to as at the time I felt this would be enough time. Unfortunately things did not improve for me and despite my communicated intention to pay the debt back they have not accepted my situation and are going to take action to retrieve the money. Unfortunately I am currently of no fixed abode and staying with friends. I cannot give the address as this is obviously not my registered address . They are now threatening to send legal papers to the net of kin I gave on my initial contract. I have given my undertaking to pay back and have been in conversation on email but they are using this as leverage to get me to pay. Are they able to do this legally or can I advise them that this is not acceptable? Thanks very much in advance GIB
  5. Hi, an interim 3rd party debt order was served on my ltd company bank account yesterday for the amount of 1900. I checked my account in the morning as I had 2 DD's for 800 and 190 going out which had been paid, this left my balance at 1300. When i checked in the afternoon, this amount of 1900 was showing in my account therefore tipping it 600 overdrawn!!.. i do not have an overdraft facility so this has left me seriously compromised with payments of 1200 that are due out on Monday. The bank would not normally let me go overdrawn so i do not understand how they could hold this payment. I have the final debt order hearing on Monday at the court, is there any way of me resolving this as it has put me in serious bother now.... the DD's i have coming out on Monday are on a loan secured by a PG on a new director that came in long after this case was originally brought and the commercial loan company will not take it nicely. Anything that I can do? Thank you.
  6. Ok, posting this on behalf of my soon to be sister-in-law. I've tried to get what I thought were all the pertinent facts but I'm sure there are things missing. Anyway, getting to the issue. On 28th April 2017 she purchased a 64 plate Renault Clio from a garage. When test driving the car it had flagged up it had a puncture via the pressure monitor, but the garage advised they would get this sorted. On picking up the car the issue had indeed been sorted so she drove away happy. 1 week later she took the car back to the garage for the first time due to a scraping noise when using the brakes. This issue was resolved by the garage and has not occurred since. 2 weeks after that the car once again came up that it had a puncture on the built-in pressure monitor. She took it to a tyre place to be checked but they advised all 4 tyres were fine and had no punctures. The car was taken back to the garage it was purchased from and then returned with the fault said to be resolved. Just yesterday however the same puncture notification has come back again, and so the car has gone back into the garage again. They've advised they'll check all the tyres and sensors to identify the problem and if needed replace the tyres. Obviously however she and my brother are losing faith in the car as it's now been back to the garage 3 times, twice for the same problem. The potential problem is that they're now outside of the 30 day rejection period. The car was paid for via trading in an old car, for which she was given £1,300, plus another £500 cash, and the rest is via finance. I believe this is Hire Purchase finance but I've not seen the agreement and I'm not sure who it's with. It's a type of financing where she'll own the car at the end without a balloon payment being required as you'd get with PCP. Basically I'm wanting to know what options she realistically will have on getting the car back if the issue happens again. Despite being outside of the 30 day window does she have any rights of rejection and to get a refund? If her traded in car has been sold would she be entitled to the £,1300 they paid her in cash instead plus her original £500 back? If they haven't sold the car and can return her old one, but she's offered less on trade in from another garage will this one need to refund her that difference?
  7. Hi, I understand the changes that came into effect in 2013 removed the automatic right to enforce a CCJ at a third-party premises and an application must instead be made to the court. I'm struggling to find any information on this, a search of the internet only reveals lots of pre-2013/out of date information. Is there a specific form that must be completed, and if so can someone point me in the right direction please? Thanks
  8. Hi, Please can anyone help me with this: I have just had the 3rd (yes third) gearbox installed in my car, this gearbox has now failed after less than 24 hours and 50 miles! The story: Purchased from main dealer an 18 month old car in September 2014 with 7500 miles on the clock and balance of 3 year manufacturers warranty Car: Make MG, Model MG6 (petrol) Gearbox number 1: This is the original gearbox: noticed by end of 2015 (approx 28000 mile total) that gearbox 'crunches' when changed from 3rd to 4th gear quickly (yes this is a standard manual gearbox). Went to dealer in March 2016 to complain about gearbox (and other warranty faults), they drove car and agreed with me about gearbox. Manufacturer agreed to replace gearbox and new gearbox arrived at end of April. I couldn't leave car with the dealer at this time as I was on standby to work abroad for a number of weeks. Gearbox number 2: Finally got gearbox replaced at beginning of June. New gearbox was worse! Not only does it crunch in 4th but it also whines (like an old mini) in 2nd. Car returned at beginning of July to look at again, dealer agrees it is not correct but "doesn't know what manufacturer will say as it's out of warranty". Told them "don't care fault occurred in warranty period an has not been resolved - actually made worse". Manufacturer eventually agrees to send an engineer from the factory to look at my car who came last week. Manufacturer has agreed that the new gearbox is faulty but they will only supply a replacement 'box if I don't complain about it crunching in 4th as this is a "characteristic of the car". This is not entirely true as I have driven one of the loan cars with same gearbox and it does not crunch however the other loan car did, however there is a lot on the internet about failing gearboxes, crunching, stiff changes etc etc. The gearbox obviously has an inherent design flaw. Gearbox number 3: The third gearbox was installed 15/16th of this month (i.e. picked up yesterday), this has failed within 24 hours and 50 miles, jammed in second - so car now unusable. This happened first thing this morning This morning: Called finance company: told them I wish to reject car for refund under sale of good act and consumer credit act, they said they will talk to the dealer and 'get back to me' and that their procedures can take 8 weeks). I have told them I'm not interested in their time scale, I now do not have a drivable car, asked them for an address where I can serve notice of intended court action. Told me that I need to provide burden of proof, I told them this has been fixed under warranty so I have no paper work (dealer has never given me paper work for warranty repairs) - the car is sitting immobile on my drive if they want to inspect. Called dealer: spoke to the MD, he says it's not acceptable, can they collect car and give me a loan car. I can't arrange collection today or tomorrow as am too busy at work. Thing is I don't want this fixed now, too many attempts at a fundamental fault, I have no confidence whatsoever now. What I would like help with: I would like to claim from the dealer and finance company as they are jointly and severable liable - under sale of good act and consumer credit act - refund and cancel loan agreement. The fault apparently can not be fixed, actually each gearbox is worse. This is a major fault. Could someone point me in the direction of a letter template, and how to handle the court claim - I need to move urgently with this, I am currently having to borrow my wife's car - I can not get to work otherwise. Thanks in advance.
  9. Hello Friends, I booked a courier through Transglobal Express. The carrier was UPS and the item to be delivered was a dishwasher. Transglobal say that dishwasher is a prohibited good and I should not have sent it out in the first place and if still did this, it is at my own risk. The dishwasher has been badly damaged as UPS have dropped it. The UPS say that packing was insufficient and the Transglobal further added that it was anyway a prohibited item and so no compensation at all. The email and attachment that I receive after placing order does not have any mention of prohibited item. There was tick that I had to put on while booking, saying that I have not put any prohibited item. There was an advise to check with carrier if further restrictions apply. I had called UPS and asked them if they carry dishwasher and they said yes. I have an email from receiver confirming that packaging was well done with polysterene in it. I had done this packing by putting polysterene and 5mm thick carton board. The UPS report does no mention anything about the polysterene and say that packing was insufficient. What is my position here? Can I ask for compensation? The dishwasher is not working now. I had sold this on ebay for £129.99
  10. I'm doing a online quote for renewal insurance does third party hit driver mean I got hit by a third party driver
  11. I need some thoughts on the following scenario which happened recently. Goods were ordered and paid for from a Company in the UK via a BACS payment on the 1st July. We asked if the goods could be held for a couple of weeks until they were needed on site. This was agreed on the phone and followed up by me in an email. Subsequently a delivery date was arranged on the phone for the goods to be delivered on the 1st August. The goods never turned up and the company was contacted to find out where they were. Initially it seemed like a delivery problem until later in the day when the company confirmed they had despatched the goods to another customer. The company now had nil stock and wouldn't have any for several weeks. Due to this error we had costs paid out to contractors who were due to start work on site the next day. Due to the nature of the goods ordered we had no alternative but to order from an alternative supplier who had stock. However this cost an additional £500. The original company refused to accept a breach of contract and resulting consequential costs. They did refund the original contract amount though. I am now using the moneyclaimonline system to try and recoup costs. Anyone provide additional guidance on where we stand legally. I have been advised that as the goods were paid for then to sell these to another party is illegal and misappropriation of goods.
  12. My soon to be ex wife has given my business partner copies of my personal bank statements. Background: there were a couple of financial errors within our company accounts which were my fault and have since been resolved between myself and my business partner. Issue: when the issue arose, my business partner went to see my estranged wife, whom he knew had access to our old joint account, which by agreement I was using as my own personal account for the time being. When he asked her for the information, she printed off all statements and gave them to my business partner. Baring in mind that her name is also on the account, I am asking if she had any right to firstly access the information and secondly share the information without my consent. Thank you in advance for any help
  13. Hi Bakatcha, The reason why I am contacting you is connected with my own dilemma with INGEUS!! I have been out of work for sometime & it's tough. The job centre has placed me on a mandatory work program with INGEUS & sadly it's lasted longer than expected. My advisor is using unorthodox ways to find work for me and somewhat intrusive. My advisor thinks it's a good idea if he watches me use the computer when I search/apply for jobs and he also wants me to possibly visit INGEUS on a daily basis. He also thinks it's a good idea if he applies for vacancies without me performing this task and I strongly disagree with that! He even suggested that I sit down with him & log onto my email account so he can check all the jobs I apply for each week, unacceptable in my opinion and I wondered what you make of this.
  14. Hi, I was wondering if anybody can help. My friend was stopped by the police yesterday and has been fined £300 and received 6 points in his licence for driving a friends car. He was under the belief he was covered third party through his own insurance policy with Enterprise Insurance. This was a genuine, honest mistake and I too, until now, have never heard of the DOC clause in insurance policies. I've done some research and it appears this clause has been brought in quietly over the years by insurance companies? My questions is, has anybody ever successfully challenged this clause, and successfully won, thus setting a precedent? Any help/advice would be greatly appreciated as it appears many thousands of people have been caught out by this relatively unknown clause. Thank you.
  15. Whilst I was waiting at a mini roundabout a Lexmoto motor cycle tried to squeeze in on my left (I was also turning left) and damaged my car with two long and deepish scratches. No personal injury. I got out of the car and spoke to him briefly. He apologised but said it wasn't his fault(?). He blamed the non-existent ice on the road. I was blocking traffic so I asked him to wait while I moved my car. As I got back in my car he drove off. I went to the Police and reported it who have now said they will prosecute him for not remaining to provide details and for driving away from an accident. The only evidence I have is my front facing camera which clearly shows the third party at the side of the road and then pulling away again. No problems; except getting my car repaired. If I make a claim my insurance will rocket up by over £200 for next year and I lose 2 years NCD. A point I'm sure we all agree with as scandalous! Finally to my question: I'm not claiming via insurance but can I take the third party to small claims for damage to my car? If so where do I begin?
  16. Hi, I took a company to court and the day before the hearing their solicitor called and agreed a settlement sum. He then wrote to the court to say we had settled. The next day before the hearing we signed a consent order (myself and the third party solicitor). I went to the hearing and the judge put through an order as per the consent. The third party did not pay and despite chasing their solicitor he always said "I'm waiting further instructions". During the claim I did not speak or deal with any of the third party, only their solicitor. The company went into liquidation some 6 months later and I am not getting any payment (nothing left liquidator says). Can I sue the third party solicitor as he signed the consent order and I believed his client will pay? Solicitor says this was not an undertaking, just following instructions. Thanks.
  17. Hi there, seen a lot of people able to help out others in sticky situations as this one, so here goes! My daughter, now 20 received a letter (maybe 2nd/3rd letter? she can't remember) from the RLP stating she must pay the £150 owed 'where it is alleged you were involved in a wrongful act and were apprehended as a result of your actions' at a TK MAXX store in 2012. When this first came to my attention and I looked over forums like this, I was told that letters from the RLP are all threat and no action, and was advised to ignore them as they tend to disappear within 9-18 months. She said she was taken into the security room, and held for 5-10mins, police weren't called and the goods that she took her were returned. Should we be worried that it's now three years on, and they're still writing to her? Will my address be marked/blacklisted because of this as she still lives at home, as her home address is my home address. Thanks in advance!
  18. A lady reversed into my parked car causing considerable damage to front bumper & near side wing. She apologized at the scene which a witness overheard. I went through my own insurer who put me in touch of Accident Management Company. My car was deemed a CAT C total loss. The accident report was submitted to the 3rd party insurance who 1 month later are unable to get in touch with their client. I am left with out a car or without liability being admitted. Where does that leave me ?? I was insured 3rd party fire & theft so my insurer has told me to contact accident management company, who in turn tell me they have nothing to do with it now as no hire car was given due to total loss. Please help I want to settle this asap because im buggered without a car
  19. The number of people falling victim to identity (ID) theft in the UK has risen by almost a third, figures suggest. Data from fraud prevention service Cifas shows that 34,151 confirmed instances of ID fraud were recorded in the first quarter of the year. Identity fraud occurs when criminals abuse personal data to impersonate a victim or to create fictitious identities to obtain products and services. Avoid identity theft and fraud Identity theft can happen by taking documents from your rubbish bin or by making contact with you and pretending to be from a legitimate organisation. There are simple steps you can take to protect yourself against identity fraud. If you receive an unsolicited email or phone call from what appears to be your bank or building society asking for your security details, never reveal your full password, login details or account numbers. A bank will never ask for your PIN or for a whole security number or password either over the phone or via email so never share your PIN with anyone. Create strong passwords for use online, and don't use the same one for every website you login to. Protect your internet connected devices with up to date security software. Don’t leave things like bills lying around for others to look at. Don’t throw out anything containing your name, address or financial details without shredding it first. If you’re expecting a bank or credit card statement and it doesn’t arrive, tell your bank or credit card company. If you move house, ask Royal Mail to redirect your post for at least a year. http://www.which.co.uk/consumer-rights/problem/what-is-identity-theft
  20. Hi, I'm posting on behalf of my sister. A few weeks ago she was parked in a supermarket carpark and was just about to open the door to exit. She had the door already ajar, while she gathered her handbag etc, before opening the door any further she looked over her shoulder and a car swung in wide into her space (at speed) and caught the side of her door (see picture attached). The chap at first admitted liability and apologised. Luckily my sister had the common sense to look otherwise she could of easily had her leg crushed. What we thought would be a open and shut case has now been going on for 3 months. My sisters insurance company are next to useless and keep saying she should claim on her policy and claim back later. My sister refused to do this. She said she wanted to claim direct from the third parties insurance. Today she receives an email stating the other party will not admit liability and she is liable for the full repair. We have supplied a number of pictures which clearly shows the point of impact, however the third party are now saying she swung her door open. I believe the pictures shows this is not the case as the damage would be on the inside of the door. We are now thinking about claiming via the small claims, would this be a route to follow?, perhaps this would persuade the other party to admit liability? She has legal cover, this hasn't been any use what so ever so far. Can anyone help with suggestions?
  21. Payday lender Wonga says it will cut 325 jobs - over a third of its staff. Wonga says 325 posts are set to go in teams that support the UK business, affecting offices in London, Dublin, Cape Town and Tel Aviv that currently employ a total of 950 people. The Dublin and Tel Aviv offices will close. Wonga's chairman, Andy Haste, said the business could no longer sustain its high cost base. Payday lenders have faced a slew of new regulation since last year. http://www.bbc.co.uk/news/business-31603152 Well, that's a start, just leaves the other two-thirds to get rid of
  22. I had a data exceed issue with Talkmobile .I use Bill Angel which flags up warnings but instead i got warning text from Talkmobile.When i phoned Talkmobile they told me that i should rely on Bill Angel it is far more accurate.I still got no Bill Angel warnings and then had data exceed on my bill .I told them therefore that Bill Angel was faulty.However, i got this reply -given that CPW own Talkmobile is it really third party app ? "The Bill Angel application does not belong to Talkmobile, this is Carphone Warehouse's application. Due to this being a third party app we're unable to take any responsibility for inaccurate information this may be providing you with."
  23. I received a letter from Major law solicitors a few days ago demanding for £2800. They say that they act for Nationwide & that they have been referred to a letter sent to me by ARC demanding for the money. They are threatening to issue county court proceedings unless i pay up . I've checked my credit report can't see this debt (although i think i have seen it on my report in previous yrs) but pretty sure that next month will be the 6th yr since i last made a payment on what was a nationwide credit card. I'd be grateful for some assistance as to how i respond to the letter. Thanks
  24. Hi I have had my home repossessed and on day of eviction tried to get my friend to pay the arrears off for me. company agreed to aceept this but when my friend called to make payment they wouldnt accept, what can i do ??
  25. Hello, I wonder if anyone can advise me. I had a CCJ against a debtor. I applied for a Third Party Debt Order against...a well known high street bank. The bank apparently told the court that there were no funds in the account, however, the court granted the order. I now have a Final Third Party Debt Order which states "The Third Party to pay the claimant (the judgment creditor) £[amount]". I have sent this to the bank who keep saying they have no obligation to pay as there was / is no money in the account. I have said this as may be but this is an issue for them to reclaim it from their customer; there is a valid court order stating they should pay. They have sent me another letter talking about their obligations in respect of an Interim Third Party Debt Order, but seem to have missed the point that this is a Final Order. My question is, can I enforce against the bank? I've never seen their letter to the court but they say they sent it. They also told me that there was no money in the account, so I suspect the court shouldn't have granted the order - nonetheless they did. The bank says if I try to enforce they will "draw the court's attention to my conduct when it comes to the issue of costs". Should I just ask for judgment to be entered against the bank? Any advice would be greatly appreciated! Thanks PB
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