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    • Thanks dx.   So a little update on this. Court awarded me a CCJ against this company, and I've been chasing them for a year now. Registered address changed to a lawyers office in London. I contacted this law office numerous times, and eventually one of the directors emailed me back and confirmed Payza was indeed their client and that they were not aware of any CCJ. So I sent him all the court papers as well as a copy from Trust Online about a month ago. So far the lawyers have ignored me further.   Now I'm looking at a way to perhaps do a third party debt order against their bank account. I know they had money in the bank account. The director had since been arrested in America after my CCJ against the company.   Am I correct in thinking I have to pay the fee and it gets added on to the CCJ amount? I'm about 75% sure I know what banks they were using, but don't want to waste the money on fees to be told they don't use that bank.   Is there a way to get their lawyer to say which bank they use?
    • Apologies in replying, I was up for 30 hours and had to catch up on sleep. And I don't have my laptop right now either.    I already sent in the defence on Tuesday  as that was the only day I could before the 24th. I did use the defence from CAG, I did try rewrite as best as I could removing a lot of the waffle, making the set points with the evidence.    When I hear from the court next - I believe a questionnaire and direction of some sort- I will update you and see what the next steps are.    Thanks a tonne!! For all of your advice! I wouldn't have been able to even get close to what I have with setting aside the ccj and the defence without you. I am very lucky to have the help I've been given from you all out of your own time. You are awesome!
    • this is a normal contract for when you forget your wallet and fuel up your car and then promise to pay them later. If you return righ5t away you dotn pay any extra and you can even demand your paperwork back from the garage as they then have no lawful reason to process it. Now is it a fair contract? well, yes and no, if you dotn have the means to pay for your fuel before you fill up then you are committing a criminal offence by doing so but as i many cases of this nature the company would rather farm all the aggro out to a third party who then screw you out of money rather than invoke the available law. So, as you werent offered the contract to consider before you fuelled up then none of it is enforceable and the petrol companies should get their heads around this rather than allow the third party just coin money out of the unfortunate or forgetful   what I fail to understand is why you didnt just pay for the fuel with the card that you were going to use to get the cash? As for the rest of your story listing your afflictions , that doesnt make any difference to a contract, if you are not capable of entering a contract you shouldnt be driving either.
    • Their Order is somewhat confusing...yes you get your set a side and they will not object.   No defence has ever been submitted so it can't stand.(unless you submitted a defence with your application ?) They then state Directions Questionnaires be issued (goes to allocation) and then the next paragraph states the claim is stayed.   Anyway the " Schedule  " is irrelevant it's the " ordered by consent " part that matters.....claim is stayed.     Typical Robbers Way     Andy    
    • Yes thanks both  Have been on the phone to a UC call centre today  to help someone in my Council ward, they said that there is NO paper based system, but if someone is blind or has a vulnerability that makes it difficult to access  then what TomTom has linked to is a way to do it.  That mythbuster link is very useful indeed. DWP are known for pushing easy options  (for them) but will help at a Jobcentre if no other way.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • 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
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      • 0 replies

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Hi all,

i'm contacting you on behalf of my Sister who's got in to financial trouble with Brighthouse through no fault of her own and is now unable to pay them but doesn't want to hand back the items as they've paid a fair bit off of them!

 

Now, they've been with them for about 6 years and I have all of the contracts available to me

I'm hoping that the SAR shouldn't be needed and I can proceed with a claim on their behalf.

 

I'm just wondering if anyone can point me in the right direction on what to write to them,

what to put in the letter and where to send it?

 

To be honest i'm annoyed as hell at Brighthouse as they've let my Sister get in to this situation without any regard to her being on benefits and issues with benefit caps, rent, the lot as just last year they allowed them to walk out of the store with around £70 p.w worth of debt including the OSC & DLC,

all within a month or so of each other and 2 of the items on the same day!

 

I'm hoping that with any refund of OSC & DLC that they get 'should' clear their outstanding debts with Brighthouse and also possibly give them a little cash to help them with rent issues they're having as well.

 

My Sister did have a company called [removed] dealing with the case but they dropped them sometime last year after Brighthouse called them to say that they were a cowboy firm and would stitch them up - my Sister didn't carry on with the claim

 

now because of financial difficulty i've decided to step in and help them as much as possible to claim back what's rightfully theirs because then my Sister knows that no matter what Brighthouse say i'm not going to stitch her up and am acting in their best interests.

 

If someone could point me in the right direction towards what to do next or to point me towards any templates i'd appreciate it.

 

I will also be applying for all their late fee's to be paid back to them also if this is possible although I feel that the amount they've paid on OSC & DLC is an extortionate amount for which they'd be happy enough with if returned to them.

 

Just a little update,

the agreements she has (there's 12 of them) for both OSC & DLC total £3729.70 and the DLC alone is nearly £2499!

I've noticed though on 1 of their agreements for the TV that's been paid off fully that there is no mention of OSC or DLC whereas ALL other agreements do either mention both or at least DLC so we're at a loss as to why that is as the agreement was taken out in 2015 and they had other agreements before and after that date which had both OSC & DLC included in the breakdown!

 

Considering it was a 47" smart 3D TV I find it very strange to say the least so it's very possible I might have to SAR them to get the relevant info.

 

On the agreements which only have DLC mentioned there is no breakdown of the OSC

i'm unable to work that out,

does anyone have any idea on how to do this from the agreement totals or similar?

 

I also can't get my head around how to apply the 8% interest to the claimed amount because agreements were taken out over a 6 year period so obviously some items will have 5 years @ 8%, some at 4 years @ 8% and so on

 

I don't want to get that wrong when trying to claim against them and having them laugh at me for asking for too much in that regard!

 

Any help would be appreciated as i'm going alone on this mission at the moment!

 

Thanks

 

- Another thing I noticed is that their interest rates are all over the place!

I've seen 29.9%, 64.7% and more recently 99.9% APR rates,

 

i'm guessing some of these are hidden 'service' charges and I have no idea how to break them down as there's nothing stated in regards to the extra services!

 

Any ideas anyone?

Edited by dx100uk
merge/tidy ..Ingram toft name removed

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items that have had more than 1/3rd paid cannot be repo'd and you should never hand them back.

they are classed as protected goods under the CCA and can only be repo'd with a court order.

 

now, TBH i'd stuff all the above you've written

far to much like hard work.

 

read this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?484636-BrightHouse-cheque-received-today-after-complaint-advice-needed-please

 

and fire BH off an irresponsible lending complaint.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?472423-CAG-PDL-Reclaim-Guide-Indepth-Step-By-Step(6-Viewing)-nbsp

 

although the above relates to PDL's it is equally applicable to BH.

 

much easier.

 

dx


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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

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