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    • I recently upgraded my 3 Contract to a new phone which developed a problem. I contacted 3 and was initially told to speak to the manufacturer. They advised that as I was in the 30 day period of Consumer Rights Act 2015 to request a replacement that I go to the store to arrange this as it would offer a faster resolution. I agreed with this course of action and went to the store on day 29. Leaving it late admittedly due to health issues.   When I arrived at the store the Assistant Manager then gave just about every excuse under the sun about being able to help but because the policy was 28 days not 30 they could not help me. I countered this with CRA 2015 being 30 days and they refused to accept this so I asked for the policy in writing. We both looked on the 3 store website but embarrassingly enough for them it didn't state anything about faulty goods. The actual wording in the contract that I signed says "Refer to three.co.uk/returns" for the Full Policy which doesn't explain anything about replacement faulty goods. I know why... Because it's the legal requirement of 30 days... Store Manager being adamant the period for returns was 28 days refused to back down so I asked him to look up CRA 2015 which they declined saying "It's not my job to know the law" ... Of course if you're selling goods and services and are a manager you should be versed in CRA 2015.   Realising they weren't getting me to fold my argument they requested a colleague get a copy of the policy from the back room. When they returned it was very clear the document they were about to show me was the signed contract of another customer. Consequently I called this out and said "Don't show me that, that's someone else's personal data" which they seemed to take offence at and said I was just trying to give them a hard time. They went on to justify saying that what they were trying to show me had no personal data despite initials and a signature being clearly visible. I again instructed they take the document away from me. The wording was so small that the only way for me to read it would be to have actually taken the document to look at it. The ultimate irony is that policy in this other customers document would be irrelevant because that's not the document I signed.   Realising I was getting palmed off and probably being labeled as toxic I decided to leave, but not before writing his name down and sending off a blunt tweet to 3...   Needless to say I'm not too impressed, £16.55 out of pocket for a train ticket, probably going to need to return to the store again and having to put up with a broken phone either for 2 weeks (If manufacturer deal with this) or having to fight an outside 30 day period.   Tweet Sent... But not sure how I should approach that GDPR issue... So desperate to prove a point the manager didn't have he throws all regards to another customers data out the window?   When does my bad luck ever end...
    • did you send the irl complaint to zopla? dx
    • ok I will fill in the out of time statutory declaration.  My understanding is that the clock gets reset to when the PCN was originally issued?  If so then what do I do then as the company lo longer exists, I don't know who was driving the van on the day of the PCN so not much help 
    • That is a definite possibility, that OOT is a good idea, if accepted it will reset the debt to the original sum to pay or dispute and remove the bailiff fees.
    • Suggest that you complete the out of time statutory declaration with all of the details.   I would guess that if you were the director of this limited company that was dissolved, that you could still be liable. Doubt the Government would leave any loophole for companies with vehicles to escape PCN's after dissolution.  There will be a responsible director with on-going liability and as your name is on the DVLA records, it appears to be you.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
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    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
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      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) 
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    • 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/
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    • 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
WA1306

Birmingham Midshires application for permission to renew a warrant of possession after 6 years

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Do you have any letters received from their arrears department?


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Hi Ell-enn,

yes they sent arrears statements but unfortunately I can't find them.

 

What I remember from last statement around last month arrears were around £3k.

When I asked them last week why £17k and whether they added charges.

They said no charges added to this figure , all charges are added to the balance including court fee.

Edited by dx100uk
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I asked if you had any letters from the arrears dept as it would have an address on. if you have the telephone number for the arrears department ring them in the morning and ask for a dedicated email address and also their direct postal address - don't get into any discussion about the account, just say you are taking advice and need to send them some information urgently.


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I will get the email address and postage address tomorrow morning.

 

I am slightly concerned that I offered them to pay £2000 every month over the phone on Friday and also paid 1500 on the phone.

 

From income and expenditure they did with me over the phone there is surplus of 3292. I won't feel comfortable committing to pay 2000 towards arrears every month just for arrears and 1175 for contractual monthly instalment.

 

I can easily pay 500 towards arrears comfortably. Specially my next monthly payment is due on 27th. Having already paid 1500 few days ago I won't be able to pay 1175 plus 2000 on 27th.

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I tried to contact the court few times today to find out if I need to attend the hearing on Wednesday or is it just paper hearing but couldn't get through the automted service. Will try again tomorrow.

 

I have got the eviction team email address and postal address.

 

Ell-enn, Please help with the offer letter so I can email offer to them. Does this need to be before the hearing on Wednesday?

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It doesn't need to be before Wednesday - there is no hearing as we have already explained srveral times

 

In order for me to help you with the letter I will need some information - please answer the following in order:

 

1. is the mortgage in joint names ?

2. how long has the mortgage left to run?

3. how much can you comfortably afford to pay each month towards the arrears?

remember you will have to prove your income and expenditure in court if the lender does go ahead with an eviction warrant and we have to put in a defence.


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1. is the mortgage in joint names ? Yes, with my sister who is married. She no longer has financial interest in this and only keeping her name because getting it removed was not a simple change. I only make mortgage payments.

2. how long has the mortgage left to run? 10 years

3. how much can you comfortably afford to pay each month towards the arrears? £500. Although last week after income and expenditure I offered 2000 but I think that won't be affordable if anything happens.

Edited by dx100uk
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OK, I'll draft a letter for you in the morning as I'm working on something else tonight. Are you able to work with Word documents ?


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Thank you. I appreciate your time and help. I can work with word document.

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Hi, affixed is a draft letter - you need to put your address at the top and the correct lender department and address where indicated.

 

Sign the letter and make sure you take a copy and keep it safe as we may need it to put with a court defence.

 

Send by Special Delivery (costs around £6 but they get it next day and have to sign for it) make sure you keep the postal receipt safe as it will have a tracking number on it - you then check on the royal mail website a few days after posting the print off the signature receipt - keep that safe with the copy letter.

WA 1306 letter.doc


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Many thanks Ell-enn. I will post this to them as you advised.

 

Will update you as soon as they reply back.

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I have posted the letrer as instructed. They should receive it by 1pm tomorrow.

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Just checked online, letter was delivered this morning.

 

Shall I just wait for their response to whether offer accepted or not or call them to find out?

 

I don't know what decision court gave yesterday. Will there be a letter from court to inform us the decision?

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Don't ring them! wait for their reply. I expect the court will advise you of the decision, but they can take quite a while to get the letters out so don't be surprised if it doesn't appear for a week or so.


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I expect BM mortgage will reply in either case. Can they completely ignore my request without any reply and go ahead with eviction?

 

After the court decision on Wednesday, next step for them is to send me eviction letrer telling me the date I need to leave the property? Or is there any further stage?

 

I am very worried as it sounds I am very close to eviction.

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remember now the GOLDENN RULE...NEVER EVER TALK ON THE PHONE AGAIN.. unless we tell you too.

 

there is no eviction...


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Talking to them over the phone has always been stressful. Had I avoided that in the past I wouldn't have been in so much arrears.

 

What do you mean there is no eviction?

 

Also, next mortgage payment is due on 27th January. Shall I pay additional 500 towards the arrears even if they don't reply by then or refuse my offer?

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there is no eviction..stop latching onto that word

they've got to apply for it etc etc

 

they probably only did this because you stopped payment and found they couldn't evict you as nothing was in force to allow them do it IF they want too.

 

now there is , but you've re opened comms so even if they did try any judge will not allow it.

 

you made a mistake, that's the only reason this all started.

 

yes pay what you have promised.

and STAY off the phone..


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

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The reason I am using this word is that I still don't understand the stage my mortgage account is at.

 

It is still not clear to me whether 9 years old spo is still valid or whether they asked for it to be enforceable.

 

I agree I made mistake by not paying.

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well they wouldn't of gone to court asking for permission to possibly apply for a warrant IN THE FUTURE if they could have just gone for an eviction.

 

you need to read post 15 CAREFULLY..and understand it.


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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You should most definitely pay what you have offered in your letter. If they do apply for an eviction warrant then we will be able to show that you have kept to the arrangement you offered.

 

The 9 year old SPO will always be valid, however if they haven't actioned it in the last 6 years they have to ask the court for permission to do so. As you have got into quite a bit of arrears they are probably covering themselves in case your arrears get worse and they have to try for eviction.


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While I was panicking last week, I contacted ombudsmen for outcome of my complaint.

 

Today I received email asking me to sign the form and explain what has actually happened since my complaint.

 

Will this complaint have negative effects on my offer to Birmingham midshire? Or shall I continue with complaint?

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The complaint will make no difference to your offer - it's a separate issue.


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Hi,

 

Just got home from work and found letter from court. Please see attached.

 

It looks like claimants solicitor attended the hearing but I didn't.

 

The permission is granted valid for 1 year while claimant requested for 6 years.

 

Where do I stand now? Next step for me please .

 

Appreciate your help.

20190125_190524.jpg

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