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Found 22 results

  1. I got a pre action protocol letter with a form, from Restons for a next account which has been passed to Debt Managers (Services). I ticked box I and requested a copy of the contract, statement of account, details of any administrative charges, copy of notice of assignment and a copy of the default notice. I received a reply from them providing with a few details; date account was opened, address used (which is incorrect btw), last order date, last items ordered, last payment date and amount. The letter says I have not provided any information as to why I don't know if I owe the debt, and asking me to confirm 'why you are unsure if you owe the debt so that our client can understand your position'. It reads like a template reply to me, but I am unsure how to word my response. Do I need to give a reason why I am unsure under the pre action protocol, or should I write back simply asking them for the information I originally requested?
  2. Hi guys im hoping for some advice on what to do with this debt, i had no idea they would take me to court for it and am panicking a bit now, i have looked around the site but cant really find specific advice, so apologies if i havent looked hard enough and i appreciate any help you can give, cheers neil. What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. on 31/03/2015 the respondant entered a mail order agreement with J D WILLIAMS AND COMPANY LIMITED under which the respondant borrowed from them a sum of money payable on demand. the said agreement was an agreement regulated under the consumer credit act 1974. the respondant failed to pay as agreed on demand and is in breach of contract with the said J D WILLIAMS AND COMPANY LIMITED. the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED ON 07/06/2016 and the claimants have advised the respondant of the same the last payment was made to account on 07/09/2015 the said sum of £1029 is the sum sued for. the claimants have made frequent requests to the respondant to make payments of the said sum but the respondant has refused or delayed to do so. What type of action? (Small/Summary/Ordinary) simple procedure notice of claim. small? Is the claim for a current or credit/loan account or mobile phone account? catalogue When did you enter into the original agreement before or after 2007? after Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser cabot/nolans soliciters Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? most likely Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure Why did you cease payments:- financial difficulty Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
  3. Revived a notice saying that my account is closed and that legal action would follow. Dose this mean its in default or is it just closed. If its closed what legs do they ahve to stand on?
  4. Hello all, I stumbled across this useful site and now here I am asking for some advice if possible. Our daughter was at a nursery for just over two years, it was okay but we never really loved it. A new nursery opened which we really liked the look of and after a tour decided we would move our daughter. My wife emailed the current nursery manager on the 29th Feb asking for a copy of the terns and conditions, specifically with regards to giving notice. The manager emailed back a very short paragraph stating: The notice period is 2 full months from the 1st of the month.’ She did not send or mention the terms and conditions as requested. Because it was the the first the next day, we emailed the notice that very next day. Because her email stated two full months from the 1st with no mention of including the 1st. We also gave a written copy of the same email when my daughter attended on the 2nd, which was a Tuesday. She only attended Tues and Weds. The manager saw my wife the next day on the Weds and asked her into a room to discuss why we were removing our daughter. We kept it polite and said it was just for a change etc. There was no mention of the notice period. A week or so later the manager spoke to my wife again and stated that the notice had been received on the 2nd of the month, and it needed to be a full month. My wife stated she sent the email on the first as per her response to the request for a copy of terms and conditions. She resent it at their request. Our daughters last day came and went which was the 31st March (she only goes two days). We then get an invoice for the extra month which they have then used our advance payment to clear. There was no prior warning of this. My wife emailed asking why and was told it was because we did not give 2 full months as per the terms and conditions. We explained that they were not provided to us when requested and we simply acted on the email sent form the managed when we requested them. We have now sent to letters of complaint requesting our advance fee back. They are refusing to and have also stated that we did not fill out a leaving form. Although there was no mention of this form after we gave notice or in the discussions my wife had after. The ironic thing is that on there last response they enclosed a copy of the terms and conditions we signed two years ago along with a request to remove my child from nursery. Completely useless now our daughter has left. They also state that notice should be in writing as email is unreliable, which is kind of comical as they send emails out every day stating what illnesses are doing the rounds and other important updates. So there you go, we feel aggrieved because we feel we are being penalised for acting on the information they gave us. - they never supplied us with terms and conditions as requested - they never gave warning they would not be retuning our advance fee - They never gave us or mentioned a cancellation form until after we had removed our daughter - They had several opportunities to discuss it with my wife face to face but never mentioned any issues until after leaving So we are at the stage where we need to decide if we send a letter before action etc. Any thoughts on where we might stand? Thanks in advance
  5. Hello, Summary: Recently found out I have a CCJ against me, which was made on the 07 April 2010 after signing up for a popular credit report/expert website and have done some research before deciding what action to take. What I know: The CCJ on 07/04/2010 will be removed from all registries after 6 years, which is only a few months away at this point The amount is for £194 If I pay the CCJ it will be classed as "Satisfied" If I do not pay the CCJ, it may come back to bite me in the proverbial ass in the future What I need to know: If I pay the CCJ, will it still be removed in a few months, or will it start a new countdown of 6 years since the date the CCJ became "Satisfied" What do I need to do (helpful if listed in steps) to resolve this matter without it blowing up in my face? Thank you very much in advance for any assistance provided!
  6. Hi All I applied to a lender this morning for a loan. I specifically clicked the "Do not pass my details to 3rd parties if unsuccessful". Well I click submit and they declined me which is fine BUT... All day, I have been receiving SMS and Emails etc as well as a few phone calls, about Loans, Credit Cards Blah Blah Blah... They all started the second (And I mean the second) that I was declined. I have complained to the lender (As per usual I went to the top, Its not a big lender) and specifically stated that I didnt want my details passed on but they still did it. What should I do about the complaint? Should I request compensation and refer it to the authorities? Or just leave it be?
  7. Hi, sorry for the short notice. I received a cc claim form dated 16/4 for a credit card debt that has been passed to Cabot (passed on to Optima Legal) I wrote to Optima Legal requesting a CCA and pointing out that I have been requesting one since 2010 and so far one has not been forthcoming. I also applied for more time with the court. I received a letter from Optima Legal stating that they have requested the documents and will provide them in due course (dated 28/4/15) They also state 'We shall hold the account until the documents have been sent to you and shall allow you time to respond accordingly' Does this mean that they will not pursue the court claim until they have provided me with the information? The time has come for me to make a final response to the court and I can see the claim is still active on Moneyclaim. Can anyone advise?
  8. Hi, I passed my driving test last year and went down the route of the examiner taking my provisional license to send to the DVLA in order to obtain the full one. According to everything i read and was informed about, the full license would arrive inside three weeks. one week in and in my excitement, i bought a car and via a comparison site arranged insurance. I had explained i did not at that time have the full license to send them, just passed etc and was told this would be OK as it should arrive before they would cancel anything, and to mail them the license when i got it. What i had failed to factor in was that my old provisional was valid but within the time frame that DVLA would require a newer photo. (they did not inform me of this until 4 weeks after i passed my test), so i had to fill in some forms and send them away, effectively triggering a new three week waiting period. This was to long for the insurance i had been offered and they cancelled it. (i was dealing with Autonet btw). They did however understand my situation and arranged a newer insurance with a different company (more expensive but hey ho) and i finally received my full license, sent them the documents and all was good. Now that my insurance is up for renewal (no points, fines, claims or anything - i have been a very careful new driver ) i am unsure if that first policy is something i have to declare to potential new providers? How serious a mistake was it on my part to go for a car before i had the paperwork in hand? thanks in advance
  9. Hi friends, I tried to search but most of the template letters are designed towards claiming single payment PPI, especially, for fresh cases. Mine on the other hand were monthly payments and they were stopped by Barclays in 2005. Why? Because, I claimed back some of the money Barclays had been charging me in the name of their Additions fee that I had never opted for. This probably prompted them to also stop my PPI immediately. And yes, I did not know what PPI was all about at that time. Now, I wish to take up claiming back the PPI Bacrlays charged me over a period of 9 years (since 1996 to 2005) My questions .. 1. Can one claim back the PPI they regularly paid some time ago in the past? 2. Do I need to first ask for my policy details, or should I simply write to them that this has come to my notice and was a mis-sale. 3. Is there a template on this site for the first letter I should be sending to the bank? Help me. please Hugs Autumn
  10. Hi, I used to have a credit card at the Halifax can't remember whether it was cleared or whether it's still open with an outstanding balance. I have a load of statements here with around £600 in charges on it, not including interest. The account is most definitely statute barred now and I have no letters or details from them as I moved and they never chased so I really can't remember. I do remember them taking money out of my current account there for a year without my knowledge to make payments against the credit card. (I never opened my mail) silly me. Any suggestions on whether I should send a SAR to see if the balance was ever cleared or not. If it was I could claim back all the charges plus the interest. Thanks
  11. I apologise if this is the wrong part of the forum.. just unsure where to post this? Short story: My wife has been self-employed since 2007/8 whilst I was still on JSA. We declared everything to the DWP as I was the primary claiment. I would have to declare what was earned and our benefit was adjusted accordingly. In 2009 I decided to join my Wife fully and signed off completely. We were informed by our local council that we could still be eligible for Housing Benefit under certain circumstances. We booked an interview and produced all of our records, accounts and tax book etc. For a period we would have to submit records etc which we did. Then the government benefit caps came into force, our savings pushed us over the limit and thus could not get housing benefit anymore, I think this was around 2011 but need to check. Ever since that came into force we have claimed nothing regarding out of work benefits etc from the DWP, only Working Tax Credit. We do Self Assessment etc as required by the HMRC. So fast forward to today! We get a letter in the door yesterday stating our data is being submitted to the National Fraud Initiative... I am now thinking what? Have we done something wrong? Is this nothing and just data sharing? It seems as though they can do whatever they please.
  12. Hi I ,am getting letters from DCA to repay this debt on the letter it,s says i owe the full amount of £2000 but as i,ve been paying it by D/D until i stopped it the amount is down to £800 but they keep putting the full amount on. is there a letter i can send disputing amount owed ? Thanks
  13. Hi all....i work as a support worker...Mon - Fri. For the past 9 months i had a fixed term contract, 37.5 hours. This ended last week and i was given an 'as and when required' contract....with an assurance of no change to my hours, remaining 37.5 per week. Under my old contract i was entitled to 28 days paid a/l. Our centre closes on dates selected at start of the year...a mixture of public holidays and annual leave 34 days in total. So we close at xmas ,easter 3weeks in summer etc. Under my new contract what im i entitled to....so for example the week we are off at easter will i not get paid at all?? sorry bout my ignorance on all this.....new to it all. Please help...would be greatly appreciated.
  14. Hi all, Really do hope me posting here I am able to seek some advice. I'm facing the likely prospect of handing in my notice so that I can continue using the reference for future jobs. Company has complied with ACAS regulations and has now set a side a final disciplinary date... The allegations against me are, lying to a member of staff regarding my whereabouts and asking for another member of staff to cover for me. I have admitted the allegations but I do believe it was done mitigating circumstances. The charge is breach of confidence and trust. Here is my story: My family have been going through a tough time whereby my partner’s grandfather had suffered cancer to the neck and lower body; it is a type of cancer attached to the blood cells which is treatable through specialist treatment. He was unwell for a period of time and was undergoing chemo therapy. At first the treatment responded well and he was fully fit and healthy and full of life. As time went by the lymphoma had returned and further subsequent treatment was required, this in turn slowly had weakened him until the clear was given. The cancer had returned for the third time over a period of one year, by this time doctors had advised this to be the final treatment, given his age and condition his body could no longer cope with the treatment. Prior to Christmas Eve he was eventually given his final treatment and the family could only stand by in hope. By this time the cancer had retuned and his health & weight fell into rapid decline, one day he could walk freely and then in the next few days bed ridden requiring assistance for his mobility and care. Doctors had advised he was going to be placed on the Liverpool Care Pathway as he was not able to have any more treatment due to his condition. I have stood by with the family and assisted where possible from the moment of his first treatment, using any time possible. Over time I and my partner’s granddad grew a special bond together, he had appreciated every help I could give to him and his family doing what was necessary at the time. On Christmas Eve he’d asked me to visit him and comfort him, he knew he was in rapid decline and asked for his family to be close by. On the day of Christmas Eve, I was working away with close proximity to my partner’s grandfather; I was hoping I’d leave for work in a matter of a few hours. I explained I had to leave for work, but he’d asked me to say. I understand I took it upon myself to go visit him and not contact a senior manager as I thought I could both work and comfort him at the same time. I now know this was the wrong decision to make and should have discussed with my Line manager during our one and only supervision session of home life difficulties. On Christmas Eve senior manager had called me and asked where I was, having known I’d made the wrong decision I lied to the senior manager and stated I was in another location. I knew this was the wrong thing to do and I panicked. I was at my partner’s grandfather side and was unsure what to say. I was sat with a man who needed care and a cross call with a manager. I felt the manager would have been displeased should I have told him of the situation and what I chosen to do. From the moment I panic, I contacted another member of staff and asked if should could cover me should the senior manager asked, she declined and from that moment I knew I should not of asked her to get involved. I felt some comfort that she declined and never was any under pressure to accept. I did not give her a reason as I felt this was too personal to push onto her. With his conditions getting worse by the day and knowing the Liverpool Care Pathway, I had asked work to take some time off some time off, which they agreed . My partner’s grandfather passed away during that time. I was there at his last moment to comfort him till the end and subsequently attend his funeral a few days later. I had 7 working days to confess the allegations raised. Whilst in that time period I noted there was supervision arranged for 07.01.2013. I did want to use this opportunity to discuss with my line manager of my actions and seek advice. My senior line manager said I had ample opportunity to discuss the allegation, however due to work commitments and nerves I was not able to succumb to the opportunity but did want to in Supervisions as it’s seen as an area to discuss anything affecting working life. I felt nervous, sick and appalled of my actions, stuck with a decision to help comfort or to be at the correct locality. They were was disappointed by my actions and I was and have been since sorry for what had happened. I never did want to cause a breach of trust or to waste anyone’s time in the matter. I continually did my work as required and never did use any opportunity not to do work, as there are many projects at hand to complete and do. I have worked very hard for the firm. I have placed more hours than I normally should have, previously not logged until management asked me to log all extra hours. I have been committed and always will be committed to my work and colleagues, always supporting them and looking for solutions to help aid everyday working practices. It’s given me time to reflect and think about the consequences, and has made me feel anxious and overwhelmed given me lack of sleep and health gradually subsiding due to not know where the investigation will lead to. Thank you all for reading and understanding. As a final note, my records a clean and I have been with the firm 3 years initially and 5 months currently, had one years gap in between with another company. Question now is of no doubt of handing in notice or not, to brave through the final hearing...
  15. I have been involved in a couple of motoring incidents where I have not been at fault and one where I have. I also have one speeding ticket. I am unsure of the dates and details of these incidents and would like to know if there is a way of finding out the official details that the insurance companies use to see if I have declared everything. As I renew my motor insurance I am unsure of specific dates etc and am worried that if I was ever to claim then I would find that my cover in invalid. In a nut shell… where can I find out all my motor incident and conviction details. Hope you can help Owen
  16. Hi all, I was wondering if anyone could offer some advice. A few weeks back I got an NIP in the post asking me to name the driver for a speeding offense, (79 in a 60 zone), which is fair enough. My car could have been speeding. However, the problem is I don't know who was driving! It could have been me or my wife. We're named on each others insurance and often share the driving. I'll drive there, she'll drive back or vice versa. The thing is, we don't know the direction of travel when the offense took place and given we'd been on the road where we were caught several times that week, we genuinely can't remember who was driving as we have no set pattern. Sometimes I'll get the car keys first so I'll drive, sometimes my wife. Other times we'll ask the other to drive there and I/she will drive back. Neither of us saw anyone at the road side with a speed gun and we didn't see a van parked up so nothing stands out to identify the driver. We both accept that we could have been speeding but it boils down to a question of who was driving at the time. Even the direction of travel wouldn't help as neither of us can distinctly remember who drove there and back. Add to this we both carry our keys on us which on the bunch has keys for her car and mine so having possession of a key doesn't help either. I've filled out the NIP naming my wife as the driver and offered a covering letter explaining the above. What's the likely outcome of this? I know this could be used as an excuse but at the end of the day my wife and I do share the driving a lot and the road we were caught on isn't an unusual road for us to be on, we're on it several times a week and have been known to travel to that town two or three times in one day sometimes. What's the best course of action to take here? I'm happy to take the points and fine if I was the one driving as is my wife if she was driving. But we honestly can't remember who was driving.
  17. Hi, MBNA has upheld my complaint but said i only paid PPI for 5 months then i cancelled it. I don't ever remember cancelling because i never knew i'd taken it out until recently. i sent off a SAR got lots of paperwork back but instead of getting copies of my statements i received a spreadsheet outlining transactions made. Also i never received the transcript of the apparent call i made them to cancel. should i be suspicious that they sent me a spreadsheet because i know how easily they can be manipulated to show me only what they want me to see? Or should i write back and ask for copies of the originals? Any advice would be greatly appreciated as to carry on with my claim or am i wasting my time..
  18. A friend has received (no really is a friend ) an indication from Financial Ins Company that they will pay his claim for PPI but the amount is incorrect he has all his statements and they have asked him to supply copies and they will recalculate as it is from before he will only get simple interest per annum. How do we calculate this ? Is it from the first year or from when the amount is closed ? Thank you
  19. hi was just wondering as to how i should go about this my wifes mother has been receiving a lot of phone calls over the last few weeks from a company opos (i think) - they are asking for me she has not given out any info about me as she lets the call go to her answerphone.. just wondering what to do as i have no idea what the debt is for done a credit report a year ago and there was nothing much on there.. please any help would be great thanks all
  20. I received my Dell laptop 2 weeks ago yesterday - an Inspiron 15R SE 7520. After a few days, the laptop would occasionally shut itself off but as it was easily re-started I, foolishly, chose to ignore it hoping it was teething problems. Yesterday it shut down, refused to restart, beeped, did all sorts of things. I have tried system restore when prompted but it now shuts down before it can complete a repair. It is unusable and I've read that you should return faulty machines like this as if you accept a repair which fails to resolve the problem, it can lead to never-ending problems as they will no longer accept a return. I've also seen that Dell say they only accept returns after 7 days (didn't notice this earlier!) but I've read that under SoGA one can sometimes demand a refund. I wonder if anyone can point me in the right direction? I am absolutely terrible at phone calls and know I won't be able to be 'demanding' on the phone. Does anyone know if it is possible to email or should I write to head office or will I have to accept a repair? I'd be very grateful for any input.
  21. Hi First time I have posted on this site so sure if this is the right place to post... but need some advice. I've just found out that my mother has been paying x2 DCA for approx 4 years. The debts are both are about 8-10 years old but she is still paying approx £40 a month to them. One via cheque every month and one by direct debit. After speaking to her, she is unsure if one of the debts belong to her. I was living aboard at the time and she just got scared by the letters and phonecalls she was receiving. I'd like to help her find out exactly what she owes and put a stop to it all. So, the question I have is, what should my first step be? Should I send out a CCA letter to both debt agencies and ask my mum to stop paying ASAP until we can determine what we/if we owe them etc? What is the difference between a CCA and a SAR - i.e. should I send an SAR instead? The debts ( I think) were orginally with RBS and consists of a credit card and loan as an FYI Thanks in advance for any help on this.
  22. my partner is being tuped from one firm to another but the new firm want him to fill out a job application form and want to do a credit check on him but he refuses the credit check as he dose not work with money, and has told them no im worried that they may sack him for this, i know that under tupe law his contract and hours stay the same but once he signed to the new firm can they dismiss him for this? he works as a security officer and the site he on now has been took over by a new security firm and has been told that he will tupe over to new firm and everything remains the same why the job application form and the credit check though?
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