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    • You need to speak to someone at the Council and ask the following questions: 1 - how many Liability Orders they have against you 2 - the dates they were obtained 3 - the addresses they were for 4 - the period of time each covers 5 - how much each one was for 6 - how much is still outstanding 7 - the dates they were passed on for enforcement 8 - the dates & amounts of any payments Please note they need to prove you owe the debt not just say it is outstanding.
    • Your original debt will be the sum on the liability order, the council will tell you, the bailiffs should also give you a breakdown when asked, email them, you may get a better response.
    • hi all i did fill out my defence, now waiting for next step. never been to hearing in cc, what will happen on the day, do i need to prepare anything, can i add any defence on the day? bear in mind, the PE have not responded to my CPR request. thanks all
    • Thanks for the replies, its so daunting with all the emails etc, have 2 lots going now, MP with council and Dukes. Hopefully will be sorted and if owed then a reasonable payment agreement.   How do you find out exactly how much the original debt was, and how much is charges? I thought it was to ask for a breakdown, but as I showed in my early post, when I asked Dukes it just showed what I have on bailiffs letters, and dates. How do I find out the original amount?
    • It feels like we’re going round in circles a bit here.  Can you confirm:   a) whether you have made a claim to the Hoseasons insurance policy yet (not a complaint to Hoseasons directly); b) whether you have, or can get, a copy of the letter that the school photocopied, that could can send in with your insurance claim?   Everything else is just distraction, at the moment.
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    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 57 replies
Tessy1

Claiming under Financial Hardship from HSBC

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Yes outgoing is £2488. Disposable income is nil as she often use her credit cards to support to balance up every month and the bank is aware of this.

 

 

The bank had said it that FD is not applicable in their letter last year but she lodge it with the Ombudsman this year.

 

 

If this seems to be difficult to claim, can she reclaim the £80 that was charge around May 2015 SINCE she already informed hsbc of her financial difficulty though they said she was not eligible to FD claim last year but do they still have the right to continue to charge her.

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Hi Tessy,

 

I've been giving this more thought and think you should go back to the FOS and ask for a review by an Ombudsman.

 

Firstly, send the FOS an email immediately confirming that you intend to seek a review and will write further within 7 days

 

You could complain that :-

 

1. The Adjudicator refers to the bank's suggestion that the charges were properly applied according to the Supreme Court ruling on bank account charges and acknowledges the bank issued an Income and Expenditure Budget Planner.

 

2. The Adjudicator confirms the bank received the Budget Planner but notes that you "didn't get in touch" with the bank.

 

3. Even if the bank considered the older default charges to be properly applied at the time, the Budget Planner surely disclosed ongoing Financial Difficulty.

 

4. The bank had an obligation under The Lending Code to recognise a customer in Financial Difficulty. Section 224 says, "Subscribers should consider reducing or stopping interest and charges when a customer evidences that they are in financial difficulties."

 

5. The Adjudicator failed to mention the bank's obligation to identify a customer in Financial Difficulty should have applied when the Budget Planner was submitted. The Lending Code Sections 178 to 186 refer.

 

6. You consider the bank had a duty to act both proactively and reactively to your communications and you should NOT be penalised simply because you failed to contact the bank by phone.

 

7. Accordingly, you would like the case to be reviewed by an Ombudsman.

 

8. In the meantime, the bank should be instructed to stop adding interest and default charges.

 

Adapt this as necessary if you agree and get the letter off to the FOS.

 

:-)


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Thank you Slick for the information. Much Appreciated. I shall keep you posted !

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