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    • Hello,   I've recently been awarded PIP for a degenerative condition that has worsened & I'm finding it entitles me to more help with things like council tax, but is there anything else i can now apply for or that i could be able to get more support with now I'm on PIP? 
    • Hi all,   I had an Lloyds bank overdraft in 2019 with the overdraft amount being £1350 maxed out by December 2019. I had left the account alone for two/three months as the overdraft fees were basically ruining me(Adding to the £1350 overdraft), i then received a letter from Lloyds asking me to phone them regarding this debt (This was January 2020). I had phoned Lloyds and we went through an expenditure on the phone and the outcome was i was to make payment of £30 towards the debt for 6 months and then after the 6 months is up they would get in touch with me to discuss further options. (There was mention in January that after the 6 months there was a possibility of a loan to pay of the remaining balance and then you make payments against the loan for however many years/months you choose.) It is worth noting that whilst i was making these payments they seized all interest on my account.    I have made every payment since January and have gradually managed to reduce my overdraft down to £1200. My problem is that the bank have phoned as it now at that stage for re-discussion, they have asked me to go through another expenditure and i panicked and over estimated things to make it look like i had less income; not loads but i was in a deficit of -£47. Due to this they said they could not allow me to take out a loan as it would only mean i was borrowing more to pay of debt which they would not allow. It then got passed over to another team and he said that i only had two options. Take a one month break with all interest etc stopped and this will allow me to seek financial advice elsewhere, or they said they would default the payment and i can then pay the minimum i can afford but the default would stay on my credit file for 6 years. He mentioned that they wouldn't take any money of me to help clear the debt as i had a deficit of -£47 and that shows i financially cannot afford to do that option. I have looked at the effects a default can make to your credit file and it impacts it tremendously.   Lloyds asked me how i cover my expenses every month and i mentioned that my Grandparents help me out sometimes with cash flow. So the gentleman at Lloyd's suggested going away and asking my grandparents if they could contribute money to me to help aid in my debt. so that he could go back to the original team(I think collections team) and say she now has this ____ He is due to phone me on Thursday (Tomorrow). I can afford to contribute probably £50-£80 a month but it would mean cutting down on fuel and some other expenses.   Its worth noting that i have a credit card with Nationwide maxed to £1000 too and this will soon be at the stage where they charge interest and i cannot afford to clear this either. Is this worth writing to them about?   Is there anyone that can advise me on what to do to help me pay as little as i can and avoid the default PLEASE, any help is really REALLY appreciated.   Thank you all in advance.
    • In terms of whether or not this is a private sale, clearly it will be for a judge to decide. It seems to me that we have somebody here who bred a litter of puppies and has sold several of them or all of them at probably around £1200 each. I think that is very different from selling your own private second-hand car to get what you can for it in order, for instance, to buy another one. Anyway it's for the judge to decide. In terms of whether or not the seller is aware of the defects – if they are a private seller – all it really means is that they are not subject to sale of goods legislation so that a purchaser in a private sale does not have specific protections. After that you have to fall back onto the common law of contract and once again I think that the liabilities are reasonably strict and I still think that even in a private sale if you bought something with defects which was represented to you as being without defects then you would probably have a good case. In this case, the dog has been accompanied by a health certificate and I think that is as good as any kind of representation dog is without defects. I think we are coming to an altogether more interesting issue. Apparently the dental defect with this puppy is observable and could have been detected by any reasonably careful examination carried out by a reasonable professional. But apparently also there is the possibility that there may be a more complicated problem which could be addressed by work costing up to £2000. What I'd like to know is whether this more complicated problem is as a result of the failure to spot the initial problem. Even if the initial problem had been spotted, with this still be a possibility that this more complicated work would be necessary? I suppose what I'm getting to his that at what point does one decide that a defect is an unacceptable defect or simply a risk that comes with purchasing all animals and therefore could still be considered as "satisfactory" because it would meet the reasonable expectations of any reasonable pet owner. To put it bluntly: are we saying here that if you buy an animal is less than genetically perfect, that you are purchasing defective goods and you are entitled to a refund? Does this mean that all animal traders are obliged to ensure that all the animals they sell are genetically perfect? This is dangerous territory: eugenics.  
    • a dn can be issued even on one default payment.
    • I think I still remain to be convinced that a court would not find the seller's offer to take the puppy back and give the OP a full refund both reasonable and acceptable.   Ignoring that this is the sale of a puppy, isn't this more akin to the private sale of a second-hand car?   I don't really know what the phrase:  "I recently bought a puppy from a home breeder. They have never breed dogs before and aren't a licensed business" means.  Is this a business to consumer sale, or is it simply the opportunistic private sale of puppies from a domestic litter?  I think the OP needs to establish this because it's not clear to me - yet.   AIUI, if I as a private individual privately sold, say,  a car with umpteen non-apparent faults or defects with it, but I was honestly unaware of them and could not be expected to be aware of them, then I'm not liable for any breach of contract when those faults and defects manifest themselves to the buyer a week later.  Isn't that what worried private sellers of cars are told here when aggrieved purchasers threaten to sue them?  It's not immediately obvious to me why this is necessarily any different - unless this is clearly a business to consumer sale.   The OP also says:  "Our puppy was sold as having passed a full health check from Vets4Pets", and so far as I can see this isn't disputed.  Unless that health check revealed the dental problem the OP is now complaining about, but the OP never was shown it (seems unlikely that the seller would mention it but not make the results available), then I think the seller may well be entitled to rely on it.  What more could they do to ascertain the health of the puppy?   I think this is not necessarily a clear-cut claim, and from the way the OP describes the breeder I think the question whether this is a consumer sale or a private sale may not have a black or white answer.     1.  The OP mentions following advice to buy puppies bred from a "home pet" (or similar such wording).  Not clear if this was the case here, but if it was, doesn't this suggest a private rather than consumer or trade sale?   2.  The OP also suggests that the health of the puppy was misrepresented, but is this necessarily correct?  They say the puppy was advertised as having had a "full health check", but that's not the same as saying the puppy was actually healthy.  And if it was a private sale, is the seller required to declare health problems they are aware of if they aren't specifically asked?
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ads_uk

Tesco Bank - Credit Card Late & Over Limit Charges

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They are telling her she doesn't qualify for any payment freeze at all (FCA or Covid)
She's asked them to put that in writing :) 

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Given that she is 3 months arrears Its hardly surprising.....the agreement is beyond repair unless all arrears are paid in full and the default rectified.I would imagine they are close to terminating the agreement.


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Hi Ads,

 

Here's an updated template so YF can try to reclaim the charges, or have them withdrawn to reduce the o/s balance - https://www.consumeractiongroup.co.uk/topic/422823-legal-reclaiming-credit-card-charges-informal-request/

 

 

Because the £12 charges are relatively recent and no higher than the limit set by the OFT in 2006, Andyorch has warned that the bank is not oblidged to refund or withdraw the charges.

 

Having said that, YF has nothing to lose in trying to get her balance reduced by reclaiming..

 

I suggest you use the letter to reclaim the full amount of each charge plus 8% interest as per the spreadsheet. When you open the spreadsheet again, it will auto-update the interest so print it out the day you date the letter and keep a copy of the printed spready with your copy reclaim letter.


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Thank you.

 

From looking at her statements she's paid the minimum requested payments (late by 24-48hrs) but then the Late Payment send her overlimit and then incurs an overlimit charge.

 

There are occasions where she's purchased fuel (not via the pump) and the transaction has been accepted despite not enough funds being available. (Her debit card is with Halifax and she says she just pulls out the blue one).

 

Thanks again I'll get her to send this off weekend

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the penalties are still unlawful though. and those are now the remaining balance

 

a credit or debit card with £1 or more on it on any petrol pump will allow more than that £1 to be spent .

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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She said she'd never used pay at the pump.

 

Only ever gone into the petrol station as she's always bought some other items (milk, bread) 

 

Would that be the same?

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should be no 

thsts interesting.

 

if the limit balance was not there the transaction should not go thru.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi all,

Can I quickly check something with yourselves.
I've finally been able to pick up all the correspondence she's received and I have a question.

There is no "Notification Of Default Fees Charged" letters. am I right in saying that where a Default Charge/Fee/Penalty has been applied they should also provide a notification of the this and not just have it on the statement?
 

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correction..
There is a note on the end of the statement that states:

"Notice of Default Sums - This notice is being given to you under the Consumer Credit Act 1974 because you have incurred one or more default charges ("Default Sums"). The default charges are displayed within the transnational section above. This Notice does not take into account default sums, which we have already told you about in another Default Sum Notice, whether or not those sums remain unpaid"

Is this enough or should it be separate notice?

Edited by ads_uk

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Damn.

I always thought that they had to provide with Notice of default prior to a charge being applied and not apply the charge and we will also include it on the statement.

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23 minutes ago, Andyorch said:



Another clutching at straws question, seeing as the blurb in the statement does not mention "notice under section 86" and just quotes "under the Consumer Credit Act 1974", be another reason to dismiss charges? 

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It should be provided as a separate notice...not on the statement.


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6 minutes ago, Andyorch said:

It should be provided as a separate notice...not on the statement.


Oh cool so 3pts to me :)

It does state on http://www.legislation.gov.uk/ukpga/2006/14/section/12 the following:
(3)The notice under this section may be incorporated in a statement or other notice which the creditor or owner gives the debtor or hirer in relation to the agreement by virtue of another provision of this Act.

so just to be sure that statement does not apply

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Providing the statement (notice) is served within 6 months of the default charge/s....so technically yes  I suppose they could serve notice that way providing that said statements are given promptly ...monthly bi monthly etc.

 

I really wouldn't be digging too deep into the legislation...keep your claim to a general holistic claim

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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