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    • The solicitors have acknowledged my CPR request but have yet to provide anything, no response to my CCA request yet.   I would like to get a defence in before the end of this week, can anyone help me put together a defence?   Thanks
    • There were express terms of repayment of the capital plus interest over 60 monthly instalments.  However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled?   P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them  to ‘call in’ the entire amount of interest on the 5 year loan?  Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause.   If you have any thoughts on the above they would be greatly appreciated. 20191120102845876.pdf
    • Just to add, I completely agree with you that a contract to prevent her leaving the employment would be completely unenforceable. However she properly should realise that the situation may be referred to in any references provided to her for a future job. Who is the employer? Their approach to this problem – which of course has been of their own making, is frankly bullying and unacceptable.
    • Please follow the link and read on this forum about estoppel. If she has received the payment completely in good faith – meaning that not only did she accept the fact that the payment was made properly and with authority, but also she had no reason to suspect that there was an error, then she will be entitled to say that they were estopped from recovering the payment – assuming that she no longer had the money and she had not used it to improve her lifestyle beyond what was normal for her. From the sounds of it, she may not be entitled to rely upon the doctrine of estoppel. You say that she was working 20 hours and she received 30 hours – which is a very substantial overpayment. She would have to persuade a court that she really had no way of suspecting that the money she was receiving had been paid to her in error. The courts apply very high standards if people try to rely on the doctrine of estoppel by way of a defence. In terms of them refusing to allow her to leave, they have no right to do this. It's complete nonsense – although they may well decide to hang on to any payment which is owing to her including holiday pay et cetera and she would find it very difficult to deal with this.
    • Hello All,   A friend of mine started work for a care home around eleven months ago.   From the very start they over paid her and it has just come to light.   I do not know for sure if she was aware of the over-payment, (she is cunning enough to be aware and dizzy enough to not notice!, with apologies to feminist readers!!).   The company has now demanded she repay the over-payment.  I am not clear what the sums are but she was contracted for around 20 hours a week and was paid for thirty so I would estimate 40 hours x minimum wage x 11 months so something like £3500.  (Please don't comment that this was a huge number that she should have noticed, I already know!).   At first they told her she could not leave until she had paid it back, finally an arrangement was made that she will repay at the rate of £50 per month and must settle the balance if she leaves before she has paid it back and they have made her sign a contract to that effect.   I take the view that whether or not she has an obligation to pay it back there should not be any contract that in effect ties her to the place.  She should be free to give notice and work elsewhere, any repayment should be at a rate she can afford and if she has a better job offer she should be able to take it without having to wait to pay back the overpay.   I would be most grateful for any CAG'ers opinions and comments on this matter and what her rights and obligations are. 
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katieloo

General PPI enquiries before I continue.

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Looking for some advice before I do some aspects incorrectly.

 

I am claiming PPI. I have downloaded the FOS rolling credit calculator and I am aware

of the FOS forms to send to originators of PPI, just need to clarify one or two points.

 

1. Do I approach the originator of the credit, even if they have sold debt to DCA, I presume

I do but just checking.

 

2. Do I hit PPI and unlawful charges at the same time. ( I am aware the calculations are separate in their calculations and on separate forms) or do I claim PPI first then go for unlawful charges.

 

3. I had a Debenhams store card that was opened in a rush, the PPI was added, she thrust the application form at me and put crosses where I sign, I cancelled when I realized but was diagnosed with cancer shortly after so it was 3 years before I cancelled. Debt was sold to Link and I am paying back monthly but having done my rolling credit, once the PPI is off the card went into credit and would have stayed in credit if it were not for interest and over limit fees etc. So do I draw attention to this or just claim PPI for now? And once again do I go to Santander who sold the debt or Link who will probably equally ignore this one.

 

4. How much info and what do I send in with my claims? Do I send the calculations form in with my letter or not.

 

I have all statements to all my accounts ( I never throw financial stuff away) oh and I was employed by my own company at the time, and was also being treated for cancer when most of these cards were taken out.

 

Thank you so much to whoever replies. I have spent years literally not knowing what I was taking out but concentrating on getting better, now I am, I am fighting back, and have just worked it out that if by some miracle, I got my PPI and my unlawful charges back I would be debt free!

 

If only!! I will certainly make a donation to this site if I start getting any on this back.

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1. yes

 

2, no sep claims

 

3. start a sep thread for this card.

 

4 for each claim of PPI you send FOS CQ+SOC+covering letter.

for each PENALTY charges claim SOC+complaint letter from our library

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thank you dx100uk for your quick reply, I will get on with everything now.

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