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    • I wonder if anyone can help me. I had a loan with a high street bank from about 10 years ago and I had to stop paying because I lost my job. I reduced my payment to a token payment for a few years but I then ceased this some years ago because I took some advice from an online forum which said that I should ask a ‘Subject Access Report’. I did this and I also asked for a copy of the contract with both signatures which highlighted that myself and the bank had a contract and what its terms were. As the loan was made up of an overdraft and a formal loan I thought they would have paperwork. However, eventually the bank responded by saying that they had no contract and they admitted that as such it was not enforceable in court. Over the last year, the bank have again appointed Moorcroft Debt Recovery Limited to use their strongarm tactics. I have not been responding to the last couple of letters asking me to contact them to arrange a payment plan and now their letters are becoming more threatening. Here is the text of their latest letter……. Quote   We are aware that you have failed to agree an affordable repayment plan with us concerning the above account.   As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:   ·         1. Continue in our attempts to contact you by letter and phone. ·         2. Instruct a local representative to arrange to call at your home address to try to re-establish contact with you.   To prevent possible further action you must contact us. Failure to contact us by the 22/10/19 will result in one of the aforementioned debt recovery actions being undertaken without further notice.  Unquote As you can see, they are now getting more threatening. I really do not want people knocking at my door – does anyone have any ideas as to what I can do to sort this situation? I do not want to pay for something that seems unenforceable but I do not want knocks at my door either. Any help would be appreciated.   Kind regards    
    • Yes it was a tomlin/consent order I have a recent statement its not showing any additional charges on it. The statement does not show the balance to pay each month, as the contract was terminated in March 17 and the termination bill was added to the account so my payments reduce the account balance £14262.38  Capital £6995.00 Interest £7213.38 Plus 3 x £18 charges  I presume if it went to court again I would be notified?    I thought court costs and charges could increase a balance owing but not be included in arrears or court proceedings when listing the amount owing, or am I wrong?    
    • Check to see if they are adding monthly charges inflating arrears as per DX.
    • .So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either .   ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home ,  no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty)  relating to age discrimination.      But I’ve also come across this in LAW Quarterly online Mag.    LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing).   Interesting i thought?               
    • so you've had a notice of assignment then?   if so that's rare for nasty west to sell it on they typically litigate themselves so I bet the debt is vastly inflated with penalty charges and the interest they attract.   i'd be sending NW an sar get all the statements. then go thru them with a fine toothed comb.   could be £1000's to reclaim....   pers i'd stop paying   what was the original debt amount and what is outstanding now a bit more info on the history please   dx    
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Feathers85

TV license summons.

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Hi I'm looking for advice due to receiving a actual court summons today. I am going to see advice from citizens advice and legal aid, but I thought it might be wise to see if anyone else had experience or knowledge in this area.

 

I received a visit on the 13/9/12 from an inspection officer. Sadly believing I had nothing to hide, I let him in the flat to view what I had and explained I watched no live broadcasts. I don't think he could physically see as a big shelving unit is in front of the aerial socket, but it was not plugged in, and neither did he ask for the tv to be turned on. He seemed quite happy to believe me, asked me a few questions and said I didn't need a TV license as long as I didn't watch live broadcasts.

 

I also got a phone call stating there was no license at my property, and once again I explained my situation was said to be okay.

 

So I have to admit I was surprised when I received the summons. The exact offenses I am being accused of are Between 01/08/12 and 14/09/12 used a color television receiver without a license at the above address.

 

The summons has a statement with it which I presume is what is going to be used as evidence against me seeing as I have signed it. But to prove my point about me not using it to watch TV (I only game on it with my xbox 360) under the inspection section, TV, digital box and DVD player are circled. Yet none of the following are circled.. Power/Aerial plugged in and Brought into use. The freeview box was not even plugged in in any way shape or form

 

Something else which doesn't sit well with me is the fact I don't have a DVD player, I guess my xbox could be counted as one? But that isnt it's primary function and I don't believe it's illegal to watch dvd's without a license anyway?

 

So I'm quite confused how they can charge me when the statement doesn't indicate the TV could even receive (as it couldn't with no Aerial) Also there is a section which asks when the last time you used the set for watching TV programs which I replied to by saying 3 months ago. 3 Months covers the period they are trying to prosecute me for.

 

Under the section where it asks when did you first use this set to watch TV programs without a license and I answer May of 2012. But I later covered that period of time in direct debits.. and the actual offenses I'm being charged for are from 01/08/2012 to 14/09/2012

 

I suffer from multiple anxiety disorders and this is causing me a lot of stress I could do without, I am even tempted to plead guilty by post so I don't have to physically turn up. But I honestly believe I amnot in the wrong here and I was led to believe by the TV licensing company themselves that I did not require a license. I have made late payments in the past because sometimes my mental health deteriorates to a point I struggle to keep on op of such things, but I always made every effort to get back on track with payments and paid off arrears. I would of done the same in this situation but there was no indication I had to.

 

They told me they would drop the court case if I paid for a full year there and then.. but I don;t have that sort of money, I pointed out that II was told I didn't need one and thy simply told me to bring my evidence to court. I have renewed my tv license on a monthly scheme despite the fact I still don't watch TV at all because I'm scared they could send me to court again if they have done it once already. I also offered to pay off any arrears they believe I owed from last year but they told me that wasnt possible, much like you cant go back and pay car tax which is fair enough I suppose.

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Hi Sorry you haven't had a reply as yet but am sure someone will be along soon


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Hello Feathers.

 

Did he ask you to sign his clipboard 'just to confirm I've been' or words to that effect ?

 

Did you have a license up to 01/08/12 ?

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