Jump to content
  • Tweets

  • Posts

    • as i said unsure of what this 15% is about.   the FOS/FCA clearly describe how refund calcs show have been made the their relevant sites.   p'haps at this juncture it might be better to scan up to ONE multipage PDF their refund letters  another set of eyes is always belter.   please read our upload guide carefully      
    • I wouldn't bother with emailing Virgin's CEO.   In April I started a complaint about my BB connection which they repaired quickly but charged me to repair.   I was mostly ignored or promised resolution that never happened. So I complained by email to the CEO, twice, demanding written responses. On each occasion, a lowly call centre worker called and it was obvious they knew or cared little about my actual case.   Finally I got a written reply confirming the charge was dropped but not a penny offered in compo despite the issue taking months to resolve.   Virgin don't take CEO complaints seriously.
    • Dear All,   BN, BF, HB, - Thank you for your comments.    Yes sorry, i wanted to save some time by doing that as I wanted to carry out the posting ASAP OK, I have redacted the statement and it is attached here in the PDF doc.   Its our 2nd draft and I will fine tune it tonight / tomorow.   Thank you for putting me right.    Warm regards BF   Counterclaim-1.pdf
    • So according to this calculator my refund should be £4562.96 at the 8%.   This is in line with some of the management firms calculator on-line.   I have checked their letter again and they have paid from 1 Jan 1989 - 1 Jan 1994 only. They have refunded all the insurance premiums totalling £469.50 and the interest paid on the premiums to date of £257.90.  Additional interest of £1,436.36 after tax on top of refund as compensation.  Statutory rate of 8% from 1 Apr 1993 and at 15% before that.  They have not provided a breakdown of payments from 15% - 8%.  Only below:   £  469.50 - Refund of PPI premiums paid £  257.90 - Refund of interest charge on the premiums paid £1,795.44 - Statutory compensation -£      0.00 - Less any previous successful claim -£      0.00 - Less any previous refunds made directly as result of this policy -£       0.00 - Less any statutory compensation already paid -£   359.08 - Deduction from any statutory compensation interest for income tax at 20% _________ £2,163.76 - Total refund due   This will be the second time I am returning their calculations.  They made a decision last year and used a wrong date as they could not read the date and made up a date then it went to the back of the queue to be recalculated.  I had already queried the refund amount with them and they have moved the date again from the 22 Jan to 1 Jan!   Are they using a different calculator/principal why the figures are so far apart?  How am I going to show them this calculation without it going to FOS and sitting there for years to be assessed?   Can I also ask how to do the 15% calculation?  Thanks so much.  
    • Hi Burma.   You've been here for a while and I have to say I'm a bit disappointed that you're PMing this to various people off the main thread.   Advice by PM isn't what we advise here and I hope that you can post up your anonymised documents very soon.   HB
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 3449 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,

 

For a bit of background I am a single parent with a mortgage but no equity. I have just recently (last week) taken a £10k loan to clear credit cards and thought I was getting myself straight. However I just discovered that a case from Northern Rock that I thought had been closed last year may well raise its head again and they could win. This is for a joint unsecured loan in the region of £25k. If they decide to take this back to court I really couldn't pay anything else and am thinking that making myself bankrupt would be the only solution.

 

My questions are - Would the unsecured joint loan be included in the bankruptcy (wondering because it is in joint names)?

 

Secondly should I declare bankruptcy before they take the matter to court. If we go to court and get a CCJ and then declare bankruptcy would the CCJ be included and would the CCJ be cleared from the credit files? (Although don't suppose a CCJ matters when your registered as bankrupt)

 

Any advice gratefully recieved as always - I would panic so much without you guys for help.

 

Thanks x

Link to post
Share on other sites

Yes the joint loan would be included in the bankruptcy. The creditor would pursue the other joint creditor rather than yourself as in most cases it would be a joint and several liability.

 

The CCJ would not be cleared by the BR and would remain on your credit file but as you state this would not make much difference because of the BR.

 

Personally I would wait for the case to come to court. What would be the point of declaring yourself BR only to find NR don't take it to court?

Link to post
Share on other sites

Thankyou for the advice, it sounds sensible and what I was thinking myself.

 

In regards to waiting for them to take it to court - how long would BR take roughly, I am worried that if they take it to court and get a CO on my home this wouldn't then be included in the BR. And if they do get one is a CO discharged when you sell even if the full amount isn't repaid by the profit? I would be looking to sell my home in a year or so anyway and move in with my bf so that wouldn't bother me but wouldn't want to still have it hanging over me as there wouldn't be anywhere near enough (if anything at all) to repay what they are asking.

Link to post
Share on other sites
Thankyou for the advice, it sounds sensible and what I was thinking myself.

 

In regards to waiting for them to take it to court - how long would BR take roughly, I am worried that if they take it to court and get a CO on my home this wouldn't then be included in the BR. And if they do get one is a CO discharged when you sell even if the full amount isn't repaid by the profit? I would be looking to sell my home in a year or so anyway and move in with my bf so that wouldn't bother me but wouldn't want to still have it hanging over me as there wouldn't be anywhere near enough (if anything at all) to repay what they are asking.

 

I would imagine, if you have the fee's to pay for the BR, then it would be done and dusted well, well before anything like a Charging Order made it into a court room. It will not come automatically with a CCJ - there all all sorts of hoops and hurdles before that would happen.

 

The only thing I would warn is the Insolvency Practictioner/Judge might look very darkly upon the fact you took a £10,000 loan out and then very quickly went bankrupt. Though if you are waiting until this £25,000 becomes a CCJ then you can cite that life has "changed" suddenly, and you never expected to have to go BR, till this 25,000 reared its ugly head again. People more experienced on here will have better advice regards that loan, than me :)

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

If the full amount isn't dicharged by the sale of the property the balance becomes an unsecured debt which they can still chase prior to any BR. If the CO is made close to the BR it may be overturned by the OR as allowing a preference

Link to post
Share on other sites

Thanks for the responses, in regards to the £10k loan I can prove that it was taken before I realised that things with NR hadn't finished. I can also prove that it was all used to clear credit cards debts so I was sincerly trying to get myself back on track by consolidating. I would have struggled a bit to make repayments but thought I could manage and envisaged a changed in circumstances in the near future as my bf was going to move in at the end of June! Do you think they will understand this? I really don't think I have any other options but to go the BR route, the stress and panic I'm am having because of this is not making a happy life for my little un and its not their fault.

Link to post
Share on other sites

I would say that the story stacks up and you wouldn't have any problems with OR if you explained it like this. I can understand the stress you are under and if you think BR is the best option only you can make that decision. But as stated previoulsy why make yourself BR if NR don't come after you - why not wait to see what happens.

Link to post
Share on other sites

The NR thing won't be statute barred for another 4 years and I don't think I can put up with the worry for that long. Also I would be struggling with my own debts for the next five years and trying to clear them and then NR could decide they are going to take me to court again and I'm back at square one. I think really need to just draw a line under it and get on with my life so my child and I can start having fun again without the constant worry of what has landed on the doormat while I've been at work! Thanks for the help and advice, I've made up my mind that BR is the route for me - wish me luck xx

Link to post
Share on other sites

Good Luck - by the way you have described it and the pressure you are under I feel you have made the right decision. If you need any more help or advice just shout

Link to post
Share on other sites

have just read your post. I wish you all the luck. You hit the nail in the head about drawing a line under it! My partner and I have been battling our debt problem for the last 3 years and it does take its toll on your health, relationship, work, family - its not good. You will prob see my post on this forum about my home and NR mortgage. At the end of the day, if I could draw a line under it and keep my home by going bankrupt, that would be an option I would take gladly. I have given myself one year and one last shot at sorting myself out. If not, then I don't care if I lose my home as happines is more important. If I was you I would go for the BR - but that is just my opinion - go for your peace of mind, start a fresh and enjoy the time you have with your family. Good luck. May be joining you on that register soon!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...