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Found 66 results

  1. Hi We moved in to our rented property at Christmas 2017. We both work from home and took the property based on being able to do just that. My fiancé has a photography studio set up here with regular clients coming to the house. In May we found out that the neighbours had sold a patch of their garden to a builder who is now building a house on the land. The noise is unbearable, we are woken up every morning at 7 and we can't use the garden because of the noise and dust. The neighbours are also having their remaining garden paved by a separate company who also make noise from 7am. To top it off, our other next door neighbour have just started work on their house so we have to deal with hammering and banging all day on that side too. The landlord claims he knew nothing about any of it, which is rubbish and the builders have confirmed that they have had extensive conversations with him as part of the planning process and he in fact moved out of the house because of the construction. We have already asked for a rent reduction as we have been deceived in to moving in and the worst part is we pay nearly £2k in rent to live here! In this beautiful weather, we haven't been able to enjoy the garden at all. I have spoken to a solicitor who has told me whilst the landlord did have a moral obligation to tell us about the work, he unfortunately didn't have a legal obligation, which I just cannot believe! We have spoken to the builders who have now said they will try not to do noisy work before 8am, but even minor work causes enough noise to disturb us. We have to have the windows open because of the heat and there is no escape from it! We've requested a rent reduction but the landlord said no and we would have to pay to get out of our contract. There is another month left of the building works and we just don't feel like we can cope with it anymore. We're both being woken up in a state of stress and anxiety and its impacting on our work and our health! Is there really nothing we can do!?
  2. I will be concise as this is not a confessional, if helpers need more information I will respond promptly. I am 67 years old and have seven creditors, one with CCJ. I followed the advice of CAG and offered what I could, a token £5 a month to each. These payments were set up and have run without apparent fault for about seven years. Since doing this I was evicted from my home of sixteen years (the reluctant CCJ with a very patient landlord) and had no valid postal address for some time. In 2013 I had to move to Germany for family reasons. My only income is my state pension and a very, very small private pension. In short, absolutely no spare cash as the pension has to cover room rent and everything else. My assets fit into two suitcases and have no value My sister who is in the UK received a letter from Robinson Way addressed to me. She has told them to remove her address from my file as I do not and never have lived at that address. They have agreed to do this. They are talking as if this were a recent matter, insisting on the establishment of a repayment plan. Obviously I have nothing to offer them and their threats of legal action are not particularly concerning. When the CCJ was issued the judge noted that the matter would not be pursued unless there were substantial assets, which is oddly reassuring now. I intend to contact RW by email so that everything is recorded but before I do I wanted to gather any advice from you good folks. Incidental to this, I do not know what my credit record looks like now. I have lost my CRA access details and it seems not to be possible to open a new subscription from Germany. Finally, (because it is stupidly embarrassing) I have noticed an error in Robinson Way's payments. When I agreed to the monthly payment I established a standing order which is still running. I periodically check that all payments are going out as they should. What I did not notice was that RW established a direct debit, with the same reference number in addition to the standing order. So they have been receiving and taking twice the payment I agreed and this seems to have been going on for the whole period.
  3. Hope this is the right place to post. My mother was diagnosed with alzheimers some years ago now and we have cared for her at home as much as we could but last year we had to put her into a care home. We have been trying to get her assessed for CHC funding so she doesn't have to pay for her care but we have been told lots of untruths and social services tried to find out how much money she has and if she owns her own house. We have told them that we will not tell them until she has been assessed. Now when she moved to the care home they said after about 6 weeks they would look at the assessment when she has settled in. We were paying around £150 per week and the council was paying the balance. Approx 6 months later mom broke her hip and I arranged with the lady who does the CHC assessment that after about 6 weeks when mom settled down she would do the assessment. She never got back in touch. 4 months later I get a call saying that the care home has been told that mom should have been self funded since she moved in and I was going to get a large bill £38,000! The council had been paying it by mistake they said and took all the funding back. I played my face and went in to see them, I told then about all the fobbing off and nothing being done for 12 months 2 days later the CPN came to see me to go through moms needs(I was prepared for her, with a few aces) they tried to downplay moms needs, clearly trying to say she didn't trigger the full assessment. I was asked to pay the balance (I paid £10,00 a few days earlier) I refused until I had the results of the meeting. I did pay another £9,000 so I could be seen as paying half if it went to court. I had a call today from the care home saying that they had talked to the CPN and they had rethought on what I had said and they had changed the one from a B to an A (primary) and a C to a B (this pleased me. She then pushed me to make payment. I said i think it was ok but had to speak to a solicitor friend of mine before I confirmed on Monday (my turn to fob them off) Now I have a problem, if I pay them the balance mom will have about £5,000 left in her account plus her house, she has household bills and other house related costs even though she is not living there. I don't want to pay the balance. What is the best action to take? Do they have a right to make us pay it all straight away? I think its very unfair as its not our fault but the council that has put us in this position with such a large amount to pay in one go. Thay have said if I don't pay then they will serve 28 days as I signed a contract when I moved mom there and she would go on the at risk register and will be moved. I really don't know what to do
  4. Hi, I work in sales and my contract was amended some months ago to give me 1% commission on all combined sales above a target figure. The target was designed to be easily achievable as my base salary was lower than I'd liked and I was effectively doing two jobs - both sales and IT. The commission became due so I requested it twice via email (no response) I then raised it again via telephone. I got sat down in a meeting with my manager and the finance guy, they tried to tell me it was not payable for several months longer and also that the company didn't have the money.. After numerous emails they said OK we will pay you x amount as soon as you agree, x being about 50% less than I was expecting! They are working out sales AFTER deducting tax, postage etc. they are saying that tax does not go to them, it goes to HMRC so it isn't considered part of a sales figure. My contract does not say whether sales are GROSS or NET, from several verbal discussions before I signed, I was under the impression sales were GROSS. The figure they suggest pays me approx. what I could get for doing the sales job elsewhere.. nothing more.. I also have effectively been on call and spent many extra unpaid hours.. I am sticking out for the full amount I think I'm owed and have given them 2 weeks to pay it - am I in the right? Thanks in advance.
  5. Hi all, VW dealer charged almost £700 first time when took the car to them for Engine management sign. This was after 70% discount . Invoice had EGR & particulate filters work done. It was on 17th Sep. A week after, same sign came on dash and took it back to the dealer. Now they saying that they need to replace rear EGR valve and wants £600 . Decided not to go ahead and requested to get the car back. Will be asking for printouts for diagnostics and quotation. Don't know what are our rights on this matter but shouldn't the dealer try to fix for free for the same fault that was charged but not fully fixed? At the moment, we're trying to write to parent company and to VW UK. But if goes nowhere, where and how can we proceed further? Car is VW Sharon diesel 2015 reg and not in the list for recall. Thanks.
  6. Hi All I have been with my boyfriend (now Fiance) for 6 months. we are living together and all seems ok - the odd argument but things are relatively ok. We wants me to remortgage the house and put his name on the deeds whilst drawing down 44k worth of extra borrowing in favour of doing some home improvements. Currently there is 80k equity in the property (driven by house process) and he is bringing no money to the table. He has moved in with me and my two daughters (and his teenage son), which means that if I go ahead with the remortgage and the relationship fails I lose my home where I have lived for 15 years. he is pushing me hard to complete, the solicitor has been instructed and the mortgage offer received. whilst my mortgage is in part interest only - he view is that I am living in a house that I cannot afford to pay the mortgage down and would be unlikely to in the future. any advice would be gratefully received.
  7. This very recent Local Government Ombudsman's decision (released 10 days ago) is another one of importance. In this particular case, a motorist had incurred a penalty charge notice from London Borough of Haringey for wrongful parking. As the contravention was for parking as opposed to a CCTV contravention, she received a Penalty Charge Notice on her car advising that the charge was £130 but if she made payment within 14 days, she would be entitled to a 50% discount bringing the penalty down to £65. She told the council that she could not pay and offered to clear the debt over a 15 month period at £5 per month; the Council refused but offered here a further 14 days to pay at the reduced rate. She refused to pay. A warrant of control has been issued and passed to bailiffs to enforce and the debt has risen from £65 to £513 (to include bailiff fees of £310). PS: Please see the next post for a copy of the decision.
  8. I have done a search. I have been off work for 6 weeks with work related stress with doctors note. Got a call today from a supervisor telling me that my manager wants to see me later this week at work. This is the only contact I have had from work since I have been off work. Do I have to attend this meeting? I have had no contact from HR or Occ health. I really do not want to go to the meeting as the manager is part of the reason for the stress, and I feel I could lose my temper. cheers
  9. Hi Everyone, I really need some help and advise with an issue that I currently have with N Power please. My partner and I used to rent a small one bedroomed flat, which we moved out of in August of this year and everything was electric, we had no gas at the property. Whilst we lived there all bills made to N Power were made on time and yes they were always high but we just assumed this was normal. On the 14th February 2017 we received a bill from them telling us that our monthly payment has decreased from £94 per month to £21 per month and they also refunded us £559.57 because we were in credit and had been overpaying. We continued to pay £21 per month with no problems until we notified them that we were leaving the property on the 19th August 2017. When our final bill was posted, they said we owe them £1093.40! After getting in touch with their customer service department, my partner and I must have spoken to around 4 different people and none of them could figure out why our final bill was so high, I contacted the complaints department who then looked into this issue for us. This issue has been going on since August now in December they have finally come to a conclusion regarding our bill. They have admitted that it was a fault made by them and that we should never have been given a refund and we should never have had our bills reduced to £21 per month but they still want us to pay back the full amount! I completely disagree with this. I obviously don't mind paying them for the energy we used but why should we pay them back to fix a mistake that was made by them? Please can someone help me as this is the first time I've had to deal with an issue like this and I don't know what to do. Can we fight this or do we have to give in and pay them back the full amount? Any advice on this will be greatly appreciated! Thanks, Michelle
  10. Hi, Apologies if this is a silly question but my wife and I are thinking about buying a sofa and like the idea of buying online because of the distance selling rights of being able to send it back if it turns out to be unsuitable. Please can I ask if buying in store and then having the goods delivered is classed as distance selling or am I really embarrassing myself here?
  11. An ex employer (well known supermarket)wants to reclaim £87 which it claims it over paid me. A little back ground information .. . I left after receiving a large bill from the tax office of just under £1700 as my employer had not been deducting the money from my wages, something I should have noticed I hold my hands up the that. When I joined them I was placed on emergency tax correctly then the code changed I thought it had been sorted. What they failed to do was take my pension into consideration when the code was set. They were made fully aware that I had retired from the fire service and was receiving a pension. After receiving the tax bill 2015/16 which i obviously had to pay, I still face another for 2016/17. ..my position with the supermarket had become unworkable so i left. I feel very agreived over the tax bills and now the supermarket are chasing me for £87 they claim they over played me in my final salary, via their solicitor! Should I pay or let them take me to court?
  12. I received a letter from Jacobs today regarding our current arrangement for council tax debt. I'm extremely frustrated, I have never missed a payment with them and even now our current arrangement is a bit of a squeeze, but I pay non the less. Letter dated Aug 2, 2017. I really cannot afford to pay anymore than our current arrangement, I'm obviously going to call them but, I'm not sure what to say/do I can't deal with Bailiffs at my house again, I was a mess last time.
  13. Hi All, Please bear with me. I was made redundant over a year ago, and as a single Mum, I've just started my own business, but am still relying heavily on benefits while I find my feet - financially. Our landlady's told us she's selling the house in June and as we've been here for 5 years and are so happy and settled, I'd love to somehow be able to buy it. The house is expected to go on the market for 220K. My mum recently sold her house and has a 30K deposit she can give us and I'm now considering the following options: 1. My ex, who earns a good wage (100K) can 'Buy to let' for us? This sounds too good to be true - what are the issues surrounding this? 2. Would my 71 year old Mum be able to re-mortgage her house that she owns outright? It's value is 200K. Is she able to do this at her age - how much could she raise - again - what are the issues surrounding this? I'm pretty convinced that our dream's not achievable, but I thought I'd ask here first - I've heard great things about this forum. Here's hoping, Many thanks in advance.
  14. After checking out of a property about 9 months ago (after a 2 year and 5 month tenancy) we received a letter of claim from the landlady. We negotiated through the Agents and came to an amount which we both agree to be a fair deduction from the deposit. (Although we believe we were very generous). The Landlady refused any offer and said that she want to take this to court, and after 9 months send her letter of demand. She refused any input from a mediator like the TDS and did not even received our responses to the agent about a number of the issues on the list of claims. Therefore her claim do include things which are irrelevant because of her lack of knowledge as a result of her refusal for any negotiation. The deposit was £1600 (which now has been fully returned to us) but she claim £8300+. Many of the high claim items is round figures plucked out of thin air and zero information where it come from (like quotations, costings, etc.) and there is anyway no way that, should we agree to the issue, that the cost will even come to close the amount she claim. A solicitor send her a letter asking for calculations and evidence where the cost is coming from. The solicitor also pointed out to her that the court will frown on her refusal for negotiation. Her response once again illustrated that she is clueless with once again nothing to substantiate her amounts. I am very happy to see her in court and many of her claims will be very easy to shoot down but I have a few questions. Filing a claim of this amount and going to a hearing will be expensive. We will make her a reasonable offer (on the same basis as before) but what will happen to this costs? If the judge accept our proposal, or order an amount slightly more, will be require to pay these costs? I will really appreciate it if someone can give me more clarity on this.
  15. My wife was employed as a shop assistant when the local village shop was taken over by a new owner. She started on the day he took over the business just over 2 years ago. Since that day she has worked consistently over 25 hours a week, with an average over the 2 years of 31 hours a week. She has never been given, or offered a contract, but is paid through the books with pay slips, holiday pay and pension etc. There is a flat attached to the shop, and for some months its been empty. The boss wants to let that flat out on a private rental, but there is a codicil attached by the people who actually own the shop that whoever lives there must work at the shop and it cannot be rented out to anyone other than an employee. My wifes boss has come up with the idea that he will rent the shop out, but to swerve the codicil he will be giving the new people some hours at the shop. He has said that he will therefore be reducing my wifes hours to 20 hours a week, which in all honesty would cause us severe financial problems. When he told my wife the plan he explained that because there is no contract, no hours are guaranteed and that she is actually therefore on a zero hours contract. This is HIS interpretation of it, and therefore he can reduce the hours as he sees fit. Surely he is incorrect, and that because she has consistently worked an average of 31 hours a week, this is an implied contract and any changes to her hours MUST be agreed by her before he can go ahead. As far as I am aware, it is his responsibility to ensure that if he wants staff to be on a zero hours contract, he must say that when he employs people, and must provide a contract of employment that states this. He cannot employ someone on full time hours, then decide later on that because there is no contract in place he wants it to be a zero hours contract. What are my wifes rights here, and what should she do to approach her employer about it.
  16. Hello. My Father in law has taken early retirement and is part of a large social circle of friends. His friends travel often and would like to pay him to be their driver to take them to and from the various airports they fly from. Please can I ask if there will be any insurance issues with this arrangement?
  17. Hi All, I have served notice to my landlord to move out of my apartment on 01/12/2016. There are no arrears and everything is up to date. My landlord however wants to do an inspection on 14/12/2016 which is over 2 weeks before the tenancy ends and I feel will not truly represent the condition the property will be in before handing the apartment back to him. The reasons given by him for doing this are to get an assessment done for trades people to fit there schedules and to prepare the property for the letting agent. This is all very well and good but the landlord has said if they cannot gain entry they have said the following and I quote "It will be a long time before you can get your deposit back if at all" The LL requested access on Monday for the pre-end inspection. However I advised I am currently harboring a contagious condition, which I have had 6 courses of antibiotics to treat, been struggling with for over 2 months and it's still not close to gone. I also have extensive medical history and take various medications for my ailments nearly all of which cause some form of drowsiness. I am also classed as a vulnerable person. I have said to the landlord that I am harboring this condition and that it is contagious. I have not had any response since then despite a reply the same day. I have chased him up today and still no response. I could absolutely evidence that I've had several hospital visits in the last 3 months for this condition. During the weekend I was involved in an accident, my arm is in a sling as I cannot use my left hand at all. So as you've probably gathered I'm not feeling too social at the moment. I am aware that he probably has the right to enter in these circumstances, But I feel the inspection won't be a genuine representation of the condition of the flat after I leave. I plan to repair some things which have broken overtime and deep clean the property as I have lived there for 4 years. Can anyone suggest how I should approach this please? I don't want to make out that I'm using these ailments as an excuse to deny the landlord entry. I'm actually thinking I don't want to pass him the condition. But threatening the deposit if he can't get in? Really?! Seems a little unreasonable if you ask me. Thanks again in advance for any advice
  18. Hi all I had two ccj debts with Aktiv Kapital which have now both passed the 6 year point. Both had interim charging orders on my house. I paid off one of about £3k and had the charging order removed. They very kindly also sent me a receipt to show that the other debt was clear (which it wasn't) I forwarded that to the court and had the other charging order removed. I moved house a year ago and I am still paying £20 a month to Aktiv Kapital. Any thoughts about what they could do if I stop these monthly payments? The CCJ wasn't really settled although they gave me a receipt and I moved house. I am tempted to let sleeping dogs lie but equally I wouldn't mind asking for a refund on the £20 that I have paid for the last 12 months. I haven't heard anything from them and they don't have my new address yet. How clued up are they?
  19. My son has a personal injury claim originally valued at £20k. The solicitor was working on a 25% no win no fee basis. however, a few months ago he found out that the solicitor had failed to advise at the outset that he could have had union backing, so it was agreed they would discount the 25% fee etc. The matter should be going to trial in circa six months, but the soilicitor has now written advising that he wishes to offer the defendent the opportunity to settle for £8k pursuant to CPR 36. This is a 60% reduction on the claim value which doesn't seem right to me. Any advice on this would be appreciated. Regards
  20. Basically me and my brother have been renting together a few years, made financial sense and we get on well. It is through an agent. He has since had a child(hes not with the mother but they get on) and he has been on the housing association list for a while as he wants to be able to have his son staying over etc. He's over every weekend anyway but stays at my dads. Last week he was accepted for a 2 bedroom flat with the housing association and is going to accept it so will wish to leave shortly. This leaves me in a tricky situation as I would like to stay here, it is his name on the tennancy and he obviously cant stay on it. The reason we went with his name was that I had a lot of recentish adverse credit + was self employed(this was over 5 years ago). I am still self employed and still have some adverse credit but its at the back end of the 6 years, some have already dropped off. The only recent things I have are an ee account which is spotless for 3 years. I believe they probably didnt even check me in any way. I do deal with the agents as much as my brother though if not more + pay half of the rent from my bank. Does anyone know what might happen in such a situation?,we are I believe here till October ie they charge £100 or so renewal fee(excessive I know). I know I can afford to keep the place on my own but again with the knowledge of how agents work I have a feeling I might have to go through all the application etc again. More £££, risk of credit fail and dificulty proving income again. Part of me thinks surely they could swap the names in the knowledge weve always paid without issue and in 5 years only had a washing machine repaired, bathroom floor replaced(due to damp) and a toilet flusher so we are low maintenance. I do know the landlord as he is a friend of my dads if that makes any difference. I presume its in their interest to keep me in as long as the rents flowing, + they still have the deposit + rent advance. I was thinking of maybe saying see where we are in October when the "renewal" comes up. Any views would be appreicated.
  21. Have been appointed the executor of an estate and am in the process of applying for probate. The will is fairly straight forward with just two named beneficiaries, so once all the assets have been identified, it shouldn't take too long to wrap up. However, one fly in the ointment turned up ranting and swearing to the point that the police were called. The two main points of contention were: The Black Sheep had not been notified of the funeral. Nothing was bequeathed to the B.S. (the will specifically stated that he was to receive nothing). His parting shot as he was escorted off the premises was that he would seek to contest the will. I suspect the deceased had anticipated this as a statement from her GP is included declaring that, in his opinion, there was no evidence of mental impairment. As there has been no contact between the B.S. and the deceased for over twenty-five years (not even a Christmas or birthday card), I don't see there is any grounds to contest the will. That said, I have come across a few (questionable) solicitors advertising a 'no win, no fee' service: I suspect the indemnity fee would be quite steep if they decided to take on a case. Aside from having to challenge a caveat if one is lodged before probate is granted, what are the prospects of any legal proceedings holding up probate ?
  22. A friend of mine has worked for his employer for over 20 years and is currently in the top tier of the pay structure for his job. For the last 18 months he has worked a four day week on arrangement with his employer due to a combination of his nearing his retirement age and ill health. He recently took five months off sick and was paid 90% of his wage thanks to his employer's sick pay scheme. After a few weeks back his employer asked him to a meeting where they told him that they had reviewed his pay and want to reduce his current pay per hour and offer him a new contract for less money and did not provide a reason other than they feel that his current pay is too much. Can they do this?
  23. Hi all, My landlord agreed to break my tenancy early, at roughly the 6 month mark into a 12 month tenancy (which had no break clause to begin with). So it was completely in their power to decide on end dates for the tenancy. I also agreed to pay any re-letting fees. I have finally received the following communication from the lettings agent today. So it seems like the lettings agent is attempting to pull a quick one on me, and charge me an extra weeks worth of rent (roughly £200) when I am not even occupying the flat. In addition to this, they want to charge me £300 for the re-letting fees (which they said would be deducted from the deposit). Is this reasonable? I know I agreed to pay this, but if it is an absurd amount, perhaps asking them for a breakdown of the costs might help? What are my rights in this situation? Many thanks fellow CAGers. EDIT: Also forgot to ask - when am I allowed to cancel my standing order with the bank? My next payment is due on the 3rd of the next month, and I obviously won't be staying for the whole period...
  24. With over 3.5 million Liability Orders being issued each year for arrears of council tax, this new thread is of huge importance as the following proposal from the government will affect many thousands of council tax payers. For this reason I would hope that the moderators will allow this thread to remain on the main section of the forum for a few days before transferring it to the new 'bailiff discussion' section. Today the Department for Communities and Local Government (DCLG) announced that they have issued a Consultation paper regarding proposals to extend the data sharing facility with HMRC to enable them to share data pertaining to higher income debtors. The purpose of which is to enable the local authority to make an attachment of earnings order against the debtors employer.
  25. Hi, would appreciate some advice if possible. History of this debt - Original Creditor: MBNA Date of agreement: 12/10/2005 Current owner: Arrow Global Current balance: £4223.87 Default date: August 2010 Last payment: 2013 (?) DCA: Capquest Current issue - Got married a few months ago and have changed surname, found CAG and decided to sort my act out. Recently sent CapQuest a CCA request (using CAG template), trying to get things sorted. Before they even received it my neighbour popped round with a letter they had incorrectly sent to her address. She'd also opened the letter as CapQuest had called her home and worried her. I was fuming about the phone call, they obviously searched the address for a number, if they's taken 2 minutes to check my credit file they would have my correct address, and sent them a letter to complain their only response so far is to request confirmation of my name change (valid request in terms of data protection I think, but I refuse to send them any of my ID). Wondering if there's any advice on the following: As I want to get a clear CCA request response (do they have it or not) I understand the need to identify myself, should I provide this to the OC or the current owner? Would appreciate an opinion on my draft response to CapQuest please - Thank you for your letter, dated 27th January and received 29th January. In your letter you request confirmation of my details. Due to the nature of my current complaint and your companys inability to appropriately check and manage data; I am reluctant to supply you with identification documents. As such I am writing directly to the original creditor (MBNA) of the alleged debt with sufficient identification to reflect my change of details. I f relevant to your desire to contact me I am sure they will pass this information along in due course. I await your response to my formal complaint (letter dated 20th January), the main points of this complaint are stated again below for clarification: 1. The letter received disclosed alleged debt details, nature of contact and amount, without any attempt to be ensure that “data and information used in the identification process is, to the best of their knowledge, accurate and adequate”. This failing may relate to CapQuest or their client. 2. CapQuest also somehow obtained the telephone number for INCORRECT_ADDR and contacted them about the account number above, which contradicts the intended recipients right to privacy. Attached file is a copy of my complaint letter and their most recent letter. Thanks for reading Capquest_name_confirmation.pdf
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