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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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HP Mum

Pension refund - 20y late!

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It does but that isnt the benchmark for calculating what is due.

You sure this payment does not include the compound interest already?

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slight update

It was a unit holding pension.

It seems that the company transferred units from 1 policy to another policy 5 years earlier - and it seems it was then that the underpayment mistake was made.

They are so far offering repayment from the encashment date, not the 5y earlier date. I need to get to the bottom of that too....

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so the units will have a known value at those 2 dates and a current offer value. That is what you should receive. So if the holding was 750 units @ £1 ea and they are now worth £3.50 the you should have 750x £3.50 as a cash in.

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thanks ericsbrother

Yes - I have drafted a letter along those lines and your previous post too.

Will wait to see how they reply - prob in a few weeks

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Still waiting to hear back on the unit trust values.

Am guessing they didn't expect to be asked to do so much work!!

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give it no more than another fortnight and then write again demanding the calculatuions and give them another week before complaining to the Pensions Ombudsman (not the Pensions Advisory Service) You will the have to fill out a form and they will creak into action but knowing it is going there will focus the pension co's minds.

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Letter written. No reply. Chasing again....

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get on to the ombudsman, they have had long enough and you have wasted time by waiting too long so now they will not take you seriously

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little update

Obviously this case got passed around the desks - a lot - as we received several letters with differing calculations and settlement offers. I think we are almost there with an acceptable settlement - double what they first offered... Will keep this thread updated

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Well,

that is an improvement even if they cant come up with figures based on the original sum.

 

Have you done a calculation of the backdating based on 8% statutory interest?

that is the amount that a court orders as simple interest per annum so if they owed you £1000 from 20 years ago they would owe you £4661 now so offering double doesnt cut the mustard.

 

I would bet that their investment performance matches this quite closely, a pension I have with Virgin has more than trebled (nealry quadroupled) in the same time so double isnt really enough.

 

let them know this and tell them that you are happy to use the courts to claim this as a minimum and as they have admitted their calculations are duff it may well be twice that.

 

Stop being nice now you have a response you can wave about, use the admission to get a proper consideration.

Edited by dx100uk
spacing

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