Jump to content
  • Tweets

  • Posts

    • My job I've been in for 8 years, my contract is to give a week's notice.   I have 10 days holiday coming up starting next week. If I message the boss 3 days into that holiday and tell him I'm not coming back can it be used as 7 days notice (ie a week). I have a lot of holiday entitlement left this year about 70 hours.   So 2 questions please without judgement just facts:   1. If I phone boss three days into my 10 day holiday next week to formally tell him I'm quitting is that legal? 2. Can they get out of paying me my 70hrs holiday entitlement if I take that route?   (Massive global company not one man and his dog operation, if it affects the advice)  
    • Hi everyone. We purchased a new bed from dreams 26/12/2017 which was delivered 01/02/2018.  We also purchased their delivery, assembly, take the old one away, tv, mattress, mattress protector, pillows and their 'bed cover' 8 years extended warranty.  We paid by 30 monthly interest free instalments and so just made the final payment.   It is a heavy duty king size lift up storage bed with a built in tv at the end.  It has always been a struggle to lift, my wife cannot do it on her own and it rarely stays up by itself.   At the beginning of this year, we noticed it had started to dip considerably in the middle.  Not the mattress, but the wooden base the mattress is on.  So on 09/02/2020 I emailed them about the issue.  They started by saying the mattress is not covered only the base, until I pointed out it is the base at fault not the mattress.  So they sent out Homeserve on the 25/02/2020 to come and repair.  He did what he called a temporary repair, said that the bed had failed due to a manufacturing or design fault (the metal bolts holding the wooden base to the lift up supports have pulled out of the wood) and that dreams would be in touch to arrange a replacement.  His temporary repair barely lasted a day, the bed was still dipping and he took plenty of photos for himself but seemed in a mad rush to leave.   Of course they didn't contact us, so on 30/03/2020 I emailed them back.  01/04/2020 they emailed back confirming in writing that it is a manufacturing fault and their sales team would contact me, however as expected due to Covid-19 this may take a while.   30/06/2020 I asked for an update.  03/07/2020 they replied saying their claims department would contact me within 5 working days.  They didn't. 15/07/2020 I emailed back asking them to escalate my complaint as well as providing a refund and compensation as we are now struggling to sleep and experiencing back ache due to the bed's extreme dipping, plus I am worried about the mattress getting damaged. 23/07/2020 They replied saying we are not entitled to a refund as it is a guarantee claim and they have passed it once again this time to their guarantee company to contact us. I have still not heard back.   This is now getting beyond a joke and I wanted some guidance on how I should proceed.  We are struggling to sleep in the bed and cannot now even open the bed to access our belongings inside as as soon as you try and lift you hear the sound of breaking wood.   Many thanks  
    • bit obv really... don't eat yellow snow either.   dx  
    • I know you are trivialising this as, 'Ambulance Chasing Lawyers', because they are perceived to be involved. You mention BMW (other brands as well). Counterfeit car and truck parts have been implicated, and proven to be the cause, of accidents where fatalities have occurred.   There is some considerable difference between a set of counterfeit brake pads and a fake SD Card.   The trademark infringement though, is the same.   H
    • One hope in this growing mess is that local authorities, mainly in the north west so far, like Liverpool, are developing their own systems to test and trace, filling in the gaps of what Serco et al are missing.   But they're doing it with precious little in the way of funding. In the meantime it looks as if Serco [I think it's them] will be given more hundreds of millions on top of the £100 million that hasn't been effective so far in a couple of weeks. Given that the PM has swanned off to Scotland for a couple of weeks this isn't looking good.
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
WHYBAML

Default notice discrepancy

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3696 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi guys

I have a quick question. If the amount stated in a default notice is incorrect and showing greater arrears than actually exists (£50 more) does that invalidate the default notice and subsequent termination notice? Also does a £15 charge for each letter represent an unfair charge?

 

Thanks in advance :D

 

Ooops nearly forgot to mention that this may end up in a Summary Cause action which is why I'm posting here.

Edited by WHYBAML

Share this post


Link to post
Share on other sites

Further study of the account statement shows that the £15 letter charge for both the default notice and termination notice have been added to the account before the default notice was sent and form part of the arrears :eek:

Share this post


Link to post
Share on other sites

Hi guys

I have a quick question. If the amount stated in a default notice is incorrect and showing greater arrears than actually exists (£50 more) does that invalidate the default notice and subsequent termination notice? Also does a £15 charge for each letter represent an unfair charge?

 

Any help greatly appreciated :-D

Share this post


Link to post
Share on other sites

if the default notice includes ANY unlawful charges it is invalid.

 

however most fail because the requied time limit to rectify is not long enough.

 

scan it up.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Unable to scan at the moment sorry. The default notice is dated 13 October, contains agreement no, Provision breached, nature of breach and states action required to remedy breach is payment of £159 by 23 October.

Stated arrears £159 actual arrears £109

Total amount paid to date is also wrong by the same £50 going off the account statement.

 

The Termination Notice is dated 21st November with

contractual arrears £289

default interest due £12.79

Other Fees

(including £200 termination fee) £345

Total Arrears £646.85

 

Thanks for the help :-D

Share this post


Link to post
Share on other sites
Unable to scan at the moment sorry. The default notice is dated 13 October, contains agreement no, Provision breached, nature of breach and states action required to remedy breach is payment of £159 by 23 October.

Stated arrears £159 actual arrears £109

Total amount paid to date is also wrong by the same £50 going off the account statement.

 

The Termination Notice is dated 21st November with

contractual arrears £289

default interest due £12.79

Other Fees

(including £200 termination fee) £345

Total Arrears £646.85

 

Thanks for the help :-D

 

Looks as though the DN is faulty from start to finish. Assuming it was issued AFTER December 2006.

 

They havent allowed sufficient time to remedy - dated 13th - remedy date 23rd is only 10 days. So you are short 4 days + an amount for mailing ie 2 business days for 1st and 4 business days for 2nd.

 

Termination fee

Default fee

Letters fees

 

are NOT "arrears" so should not be on the DN I would think.

 

If they have also left off the breach you have committed then I guess that would make it faulty as well.

 

Would you like to share the name of the company issuing this Default Notice :-D


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

total bukum then

you owe them nothing

ignore

 

try and stick to one thread about each debt,

i notice you are making new thread each time you have an issue with a debt.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Further to dx's post above,

 

 

WW, I noticed you had the same question in two different forums.

 

I have merged them into one. Can you please let me know if you are in SCOTLAND, if so, I will relocate you to the Dealing with Debt in Scotland forum:)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Sorry guys, can I blame my meds? :D

Share this post


Link to post
Share on other sites

I am currently trying to help an old army buddy who's in a bad way atm. The default notice relates to 2003. Does the 14 days notice to remedy a breach still count pre 2006?

Share this post


Link to post
Share on other sites

no its 7 calendar days before that. [same postage though]

 

anyhow

if it was 2003 its SB'ed!!

 

why is it a problem now 10yrs later?

 

whats the whole story ??

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

edit

Edited by Ford
Q already answered

IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

If your friend has not made a payment or written acknowledgement of the debt for a period of six years (five in Scotland) the debt will be Statute Barred and they cannot take any enforcement action against him.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Consumer Credit (Enforcement, Default and Termination Notices) Regulations

1983 state 14 days after service for a Default notice and 7 days for a termination notice. Am I being incredibly thick here? (I do have my moments) My friend wont let me post any details as he believes it might compromise his case. He's a great guy but a little paranoid at times. He is also of the opinion that if lawyers are using their professional skills to attack him then he is morally free to use his professional skills to defend himself :eek:. As far as SB goes DCA tried to serve paper but he was out of the county (honing his lawyer suppressing skills;))

Edited by WHYBAML

Share this post


Link to post
Share on other sites

sadly they are worst kind

a lawyer getting a letter from one of his kind.

 

serve papers?

 

urm... i very much doubt it, very much.

prob just a 'home visit jobbie

 

most dca's have 'tame' solictors they infact are not

but just the next desk along

or more's the truth - the secretary of that DCA leecher putting a diff letterhead in the same printer.

 

listen ' your tame solitor needs to wise up and post their names

we know them all and their unlawful tactics.

 

as an example, type in their name in our search bar at the top of this forum, and see what pops up.

 

load of cobbers!!

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

He's ex army not a lawyer DX :grin: You have been invaluable thank you :)

Share this post


Link to post
Share on other sites

Given the age of this default it is important to ascertain a few facts here;

 

Has he made any payments or made a written acknowledgement of this debt since he received the notice?

 

Has he ever received a CCJ or checked his credit file to ensure there isn't a CCJ registered?


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites
Consumer Credit (Enforcement, Default and Termination Notices) Regulations

1983 state 14 days after service for a Default notice and 7 days for a termination notice. Am I being incredibly thick here? (I do have my moments) ... '14 days' came into force wef dec 2006....

 

..


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...