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    • As you have made this so black and white, I have just realised I have probably made a total mess up here 😕   Yes, the original RBS mortgage from 1999 changed in 2009 to a buy-to-let with a different mortgage company, for the same property.   As I thought I had to have a life assurance, this would be ok, even though it was a much smaller amount.   It states the policy holder as myself and the property address and says 'in return for the payment of agreed premiums the company will pay the benefits in accordance to the policy conditions' it doenst really specify who would be paid. I have actual document here.   Something to mention, when I bought this property it was uninhabitable and I have never actually lived there. It was empty for ten years until 2009 when I got some additional borrowing, renovated it and let it out.   In 2011 therefore when it changed to Aviva, that mortgage had been paid off 2 years before.   I have a feeling you are going to say it was my responsibility to have cancelled the policy in 2009 with RSA or with Aviva?     As I had been advised by RBS, I thought I had to life insurance/assurance of some kind as I had a mortgage.      
    • I'm on a Covid run all this week, for some reason I thought it would be quite easy, starts in St Andrews then Dundee, Perth, Stirling, Cumbernauld then Glasgow over 200 miles. I drop of empty Test boxes and collect the ones that are ready to go to the Labs for results.   Every Testing Station today said they had not been very busy over the weekend, it was quite nice weather over the weekend which is more than likely the reason for the lack of numbers.
    • Credit file: One account(showing balance of £0 due) for main line showing missed payments from December 2020 (when the contract itself was terminated in August 2020). One account(showing loan of £204 due) for second line showing as being in default since November 2020. As a result of these my credit score has gone down-this is due directly to these two accounts which showed on my credit report as a 'negative factor'   Credit disadvantage: When my Virgin contract ended, I attempted to take up a new contract with another company. I was prevented from doing so at Vodafone as they required a deposit of £150, plus I would not be entitled to the free handset, but would have had to pay £179 for it and the monthly payments would be increasd. I was able to take out a handset at Three, but again instead of being entitled to it free, I had to pay £189 for it.   I will check carefully to estimate the amount of time involved-I have queries going back to October 2019 attempting to deal with this.   I have also received from Virgin another letter giving me the password to unlock the files they sent me(shame it doesn't actually work) and a second email again confirming they will erase my data unless they have to keep it.   I'm wondering if they're planning to use that email as their response for the ICO where he gave them until March 11 to either tell me what they are going to do to put things right or explain why they believe they have met their data protection obligations'?      
    • “We want to get Amigo back to life again” – CEO’s statement as lender posts £87m loss View the full article
    • My case is adjourned to this Month. I'm about to send out my Supplementary Witness Statement. Could someone please check if the following is efficient? My court cost is now over £1000 as it was adjourned 3 times  Thanks!   Supplementary Witness Statement to address the new case exhibits introduced at the hearing on 10 November 2020   VCS v Ward  1.       This case is often quoted by the claimant as assisting their case. However in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location. Both involve flawed reasoning and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest.  Semark-Jullien Case  2.       Whilst it is known that another case that was struck out on the same basis was appealed to Salisbury Court (the Semark-Jullien case), the parking industry did not get any finding one way or the other about the illegality of adding the same costs twice. The Appeal Judge merely pointed out that he felt that insufficient information was known about the Semark-Jullien facts of the case (the Defendant had not engaged with the process and no evidence was in play, unlike in the Crosby case) and so the Judge listed it for a hearing and felt that case (alone) should not have been summarily struck out due to a lack of any facts and evidence.  3.       The Judge at Salisbury correctly identified as an aside, that costs were not added in the Beavis case. That is because this had already been addressed in ParkingEye's earlier claim, the pre-Beavis High Court (endorsed by the Court of Appeal) case ParkingEye v Somerfield  a. (ref para 419): https://www.bailii.org/ew/cases/EWHC/QB/2011/4023.html  ''It seems to me that, in the present case, it would be difficult for ParkingEye to justify, as against any motorist, a claim for payment of the enhanced sum of £135 if the motorist took the point that the additional £60 over and above the original figure of £75 constituted a penalty. It might be possible for ParkingEye to show that the additional administrative costs involved were substantial, though I very much doubt whether they would be able to justify this very large increase on that basis. On the face of it, it seems to me that the predominant contractual function of this additional payment must have been to deter the motorist from breaking his contractual obligation to pay the basic charge of £75 within the time specified, rather than to compensate ParkingEye for late payment. Applying the formula adopted by Colman J. in the Lordsvale case, therefore, the additional £60 would appear to be penal in nature; and it is well established that, in those circumstances, it cannot be recovered, though the other party would have at least a theoretical right to damages for breach of the primary obligation.''  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Brooksdad v Woolwich


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  • 1 month later...
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All is so quiet my end- I can't believe it!

 

Where has all the hassel gone?

 

 

 

;):confused::)

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  • 3 weeks later...
  • 1 month later...
  • 3 weeks later...

What's all this then - I have been given (without requesting) an increase of £1000.00 on my credit card limit.

 

Is this unusual - or do they just want me to use it more?

 

Has anyone else been offered this carrot?

 

What you think?

 

:confused:

.

NEW CLAIMANTS PLEASE FIRST READ FREQUENTLY ASKED QUESTIONS AND FORUM RULES

 

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  • 2 weeks later...

Should I use my new credit limit to pay the roof repairer after the storms of Saturday and Sunday or request a bank loan?? What's the chances??

 

I'm sure the cost (hopefully) will be within insurance excess.

 

I'll certainly claim if it's more than excess.

 

:confused:

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  • 3 weeks later...

Robinson, Way - (who?)

 

UP FOR SALE??

 

Wonder who will buy this S**T?

 

:D:D:D

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  • 3 weeks later...

Received a 'threatening' letter on Saturday (printed in red ink) from a NEW DCA - Belfast Collections - No Address other than a postcode and a telephone number.

 

Seven days to pay, or Account will be passed to 'Field Representative' to arrange a doorstep call.

 

This account is in dispute and filed with Northern Ireland Court, awaiting a hearing date.

 

PS - I'm shaking in my boots!

 

:mad:

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You don't seem to get many replies on this thread do you Huhges690 which is rather a shame, anyway, I wish you luck with this. Keep at em.

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

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Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

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PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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  • 2 weeks later...

Recived today by Mail - another Mckenz Horlicks threat of a doorstep visit!

 

. . . in RED ink, too!

 

:D

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NEW CLAIMANTS PLEASE FIRST READ FREQUENTLY ASKED QUESTIONS AND FORUM RULES

 

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  • 1 month later...

Nothing new these last weeks from 'Robbers Way'

 

. . . but . . .

 

TWO NEW (to me) DCAs now seeking 'full' payment

 

. . . plus . . .

 

FIVE 1751 BT messages seeking me to ring unknown numbers to discuss!

 

I don't ring DCAs!

 

:mad:

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NEW:Letter fron 'Russel + Aitken' (Solicitors, Debt Recovery).Who knows of this lot? They are threatening County Court action. I wonder are they Debt Managers Ltd or a connection to?Anyone advise?

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Another demanding letter (plus several phone calls (unanswered) but messages left on BT 1571 from Debt Managers Limited) received today.

 

Is there no end to all this when account is in dispute and claim is before the Court and presently on hold?

 

Does DML have the right to pursue this - the fourth or fifth DCA to try? How do they become involved when they don't have the facts of the dispute?

 

:evil:

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  • 1 month later...

Floods of BT 1571 messages (when I check my line periodically) from a particular (unnamed) DCA asking to me contact them.

 

I have ignored this contact request.

 

I am not full time at my home address/phone number.

 

;)

.

NEW CLAIMANTS PLEASE FIRST READ FREQUENTLY ASKED QUESTIONS AND FORUM RULES

 

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You shouldn't ignore them as they may hit you with a statutory demand.

 

I am assuming you have gone through the process of reclaiming bank charges and have got to the stage of a Court Claim which is stayed.

 

You should write to the DCA stating that the debt is in dispute, which Woolsnitch is aware of being the defendant. As such they may not pursue the debt in any way. There is a template for this, look in the debt forum etc.

 

Good luck

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

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Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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  • 2 weeks later...

My claim is on 'hold' in the Court.

 

I have ignored all DCAs since my letter to Equidebt (the first DCA) who were informed the debt was in dispute, 19 Jan 07 (recorded delivery).

 

Equidebt never, ever, furnished confirmation of Deed of Assignment or true copies of signed agreements and were informed they were in default - 10 Feb 07. As I did not receive my request they were in default of the Act and unable to enforce.

 

If this thread is read carefully the correct procedure and advice has been followed and it is the 'hanging-on' chancer DCAs who are the problem.

 

ECI came on the scene 19 March 2007.

Highland Associates on 4 May 2007.

Robinson Way on 11 May 2008.

Belfast Collection Services on17 February 2009.

Debt Managers Ltd on 24 Mar 2009.

Russel+Aitken on 24 Apr 2009.

 

Ghee!

 

:cool:

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Been a long haul hasn't it. well done for keeping at it..Not much advice we can give you, you seem to be well and truly on top of things, but as sergeant says, keep an eye out for the stat demands, Have you taken a scan over your credit file by any chance to see if any of these low life have docked you?

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

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Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

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PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Good to hear it! :D

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Another route to bring on some pain for them is a CPR demand for pre-action disclosure.

 

This is a two staged process ending in an application to Court.

 

See http://www.consumeractiongroup.co.uk/forum/legal-issues/197598-lloybles-no-cca-still.html

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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  • 2 weeks later...

Nothing new to report since previous Posts.

 

No DCA mail received and no BT 1571 messages since I visited my home address today!

 

;)

.

NEW CLAIMANTS PLEASE FIRST READ FREQUENTLY ASKED QUESTIONS AND FORUM RULES

 

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ANY ADVICE OFFERED IS A PERSONAL OPINION AND IS GIVEN AS SUCH

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Nothing new to report since previous Posts.

 

No DCA mail received and no BT 1571 messages since I visited my home address today!

 

;)

 

The lull before the storm? :D

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Again. Nothing new to report. :cool:

 

No mail but several missed calls from DCA.

 

I'm not at home address to receive these calls. :lol:

 

Still no sign of 'Storm Clouds,' tho.

 

As yet!

 

:mad:

.

NEW CLAIMANTS PLEASE FIRST READ FREQUENTLY ASKED QUESTIONS AND FORUM RULES

 

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ANY ADVICE OFFERED IS A PERSONAL OPINION AND IS GIVEN AS SUCH

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  • 3 weeks later...

Still calls BT 1451/messages BT1571 TWICE every day from DCA and on several occasions voice mail. Now my mobile number is being used as well!

 

I now DO NOT know who is who - who is ringing/messaging - I have IGNORE against the numbers of all DCA contact numbers who ring my home number- but when at home I do not answer.

 

I'm only periodically at home address to check missed calls plus BT1571 messages.

 

. . . and so it goes on . . . My claim against unfair bank charges is STILL on hold at Court - but the hassel continues!

 

:???:

.

NEW CLAIMANTS PLEASE FIRST READ FREQUENTLY ASKED QUESTIONS AND FORUM RULES

 

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Hi Hughes,

 

You could try taking some of the calls, tell them they are being recorded and report the callers to the FOS for harassing you while the case is Stayed.

 

Are you keeping a log of all calls that you HAVE identified ?

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