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    • Should have ignored them from day one    Never give them pers financial details only a judge can demand said    Send them a cca request They'll never have a signed agreement. Bye bye debt   dx    
    • As far as I'm aware the local council don't have any information on the land. I will tell her to get some legal.advice about it. Thanks for your advice it's much appreciated 
    • Hi I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.   Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house.    The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police.    There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  I implemented a Standing Order to this effect.    Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.   in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc.    I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form.    thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.   In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again.    As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!   They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!      I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.   Many thanks in anticipation.    
    • Has a check been made with the local Council Authority regarding the land ?   Usually Councils will have charts showing the land/boundaries in their area.   I know local to where I live there is land with disputed ownership, as documents are missing. There is then a claim process through land registry which you are going through. Because the land was not claimed or part of the property purchase 5 years ago, I believe that land registry are correct, that the landlord would have a 12 year period in which to register a claim for the land. Land registry won't as far as I know actually contact the landlord to make them aware. It would be up to landlord to find out.   There may be a process for there to be an agreement made between Mum and landlord now. Depends on how reasonable the landlord is. But there may be a cost involved in this process drawing up legal agreement for landlord to waive any rights to claim ownership of the land.  Seek formal legal advice from someone qualified to see if this is possible and if so how much legal fees would be.
    • Hi not sure if I'm posting in the right place here so apologies if I'm not. I don't know if anyone can help but basically my mum has been living in her house since 1997 and there is a piece of land that she has used and looked after since moving in there.she was a tenant in the house until she bought it around 5 years ago. She has recently tried to claim the land through the land registry (possessor title I think) however she had something back from them saying her landlord from when she was renting would be allowed to claim the title for the land or she would have to start her 12 years wait again from.when she purchased the property. Is there anyone that can give some.advice on this as I don't see why her previous landlord could.claim the land when they weren't the ones looking after it. Any advice is appreciated. Thankyou
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Drowningindebt v Halifax


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Hi all,

 

What a fantastic website this is- i wished I had found it a couple of years ago and it might have helped me more, however, I am one of the people out there who has a life revolved around debt!

 

Anyway, I just heard about being able to recover bank charges that your bank has charged against you.I was with the Halifax for about 8 or 9 years and over that time I have recieved possibly 100's of bank charges!:-|- yes,I'm a stupid person!!:sad:

 

Anway, I fell into more debt a few months ago and was unable to meet a few bank charges I had forgotten about! The bank charged me bank charges and I was unable to pay them, instead of contacting them, I let it go and they shut my account.

 

I'm I able to still try and reclaim bank charges they have given me over the last 6 years?

 

Do you think I should phone them and try and reopen my account?

 

 

Any help would be GRATEFULLY received as this sort of money could help me go a long way to getting back on my feet and out of debt!

 

PS.Is there any other sort of charges I can reclaim.ie.Gas,Electricit y,Council Tax arrears,mortgage arrears,etc- yes I have the works!

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Hi all,

 

What a fantastic website this is- i wished I had found it a couple of years ago and it might have helped me more, however, I am one of the people out there who has a life revolved around debt!

 

Anyway, I just heard about being able to recover bank charges that your bank has charged against you.I was with the Halifax for about 8 or 9 years and over that time I have recieved possibly 100's of bank charges!:-|- yes,I'm a stupid person!!:sad:

 

Anway, I fell into more debt a few months ago and was unable to meet a few bank charges I had forgotten about! The bank charged me bank charges and I was unable to pay them, instead of contacting them, I let it go and they shut my account.

 

I'm I able to still try and reclaim bank charges they have given me over the last 6 years?

 

Do you think I should phone them and try and reopen my account?

 

 

Any help would be GRATEFULLY received as this sort of money could help me go a long way to getting back on my feet and out of debt!

 

PS.Is there any other sort of charges I can reclaim.ie.Gas,Electricit y,Council Tax arrears,mortgage arrears,etc- yes I have the works!

 

 

Hi ok firstly you can reclaim the charges for your account and you do not need to open the account again.

 

Spend a few days reading the FAQS and step by step instructions, this will give you a sound understanding of how the procces works. Then start a thread in your bank forum and post any questions there.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Thanks, I will do that and if I'm successful I will give a small donation to the website-thanks.

 

 

Thank you. :D and when not if. ;)

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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I have had a look through the procedures and I have just printed off a data protection letter requesiong my statements from the last six years. I phoned up the Halifax to see if they would send me this, but because my account was closed they said I should write to

 

Halifax PLC

Customer Relations

PO BOX 548

Leeds

LS1-1WU

 

On the step by step guide, I checed the halifax and it said

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Where do you think I should send the date protection letter to?

 

Many thans for all your help in advance.:D

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The best one to use is trinity road.

They will get there by either but once it gets to the court stage you need the trinity road as the other is a po box, so its just easier to get used to trinity.

 

If you need any help along the way just shout, there are plenty of people willing to help you along your way.

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HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hi - good luck!!! You'll soon have back what they should never have taken from you in the first place!!! It's the people who can least afford the charges who get stung - as those with plenty of money don't get charged!!!!!

 

Have a read of my thread to see how I got on with the Halifax :D :D :D

 

This site is amazing and you'll receive all the help, support and advice you could ever need.

 

Get your highlighter ready !!!!

 

best wishes

 

jaxads x

  • Haha 2

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Many thanks for the words of encouragement and I have just read your thread- well done on getting money back. i really think I have at least 50 charges so I am hoping I will get a fair few pounds back too which would really help me get out of some of the debt I'm in. Fingers crossed and I will keep everyone up to date when I receive the statements.

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I never thought to put this before, but I'm from Scotland and this claim would be under Scottish law!

 

I have just started reading this thread

 

http://www.consumeractiongroup.co.uk/forum/scotland/41999-20-year-claim-limit.html

 

about claiming back for 20 years and in post 8 it says

 

For clarification:

 

20 year prescription applies only in relation to certain obligations. Regardless of how you quantify the obligation to repay bank charges (if there is indeed an obligation, which legally remains to be determined) it will not be one to which the 20 year period applies.

 

As to the question of when the party becomes "aware" that they have a claim, it is necessary for individuals to exercise reasonable diligence in protection of their rights. The banks have been pretty clear in their terms and conditions as to what charges will apply on default and so it is not possible to argue that the banks have in some way "concealed" the charges which they are to apply. The law in relation to unfair contract terms has been in place since 1999 and the law on penalty charges has been clear for decades. As a consumer you could easily have sought advice on the lawfulness of the bank charges by consulting a legal adviser or citizens' advice bureau. This is what is meant by using "reasonable diligence". If you have failed to do that, the courts will not entertain an argument that you did not know until other people started to claim or the OFT report came out. Individuals must look out for themselves.

 

Fact is, any claim you make in relation to bank charges in the Scottish courts, whatever its legal basis, can only be made from a date 5 years prior to the date you claim.

 

Hope that clears matters up.

 

Does this mean I should be looking to claim back 5 years worth of bank charges or 6 years?

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  • 1 month later...

Got my statements through today and I have a few questions-

 

When can I claim from?

I am going to be claiming for the six years (despite staying in Scotland), at what stage will they need to know I will be going through the courts in England if need be?

Will I highlight the charges I am claiming back and send them all my statements back or just the ones with the charges I am claiming?

Will I send the orgional statements and should I photocopy them?

Also on the statements it only states "Charges as notified" how do I know what it is for, or does this not matter?

 

 

Many thanks in advance.

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If you are claiming 6 years then your claim date is 6 years from the date you sent SAR.

 

When you have highlighted your statements and worked out how much they owe, then transfer the info onto your spreadsheet.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

You only need to put "charges as notified" you dont need to detail them.

 

I hope this helps, if you need anything else just shout.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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No, But send a copy of your spread sheet with both letters. Your prelim and lba.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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No problem.....:D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 4 weeks later...

I sent the first letter(prelim) back about the 12th April and I have received the standard letter back saying "we are dealing with your complaint and it will take 8 weeks to solve,etc". I presume I send off the next letter after 14 days has expired?

 

Also, I never added on the SAR cost and postage costs- can I add these in the second letter?

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Yes you can, are u claiming contractual interest as well?

 

 

regards....

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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  • 2 months later...

I eventually got round to sending off both the prelim and LBA letters over the last few months and was getting round to taking it to the next stage when I got a letter last week that they didn't except responsibilty, but would pay me £1100 (looking to claim £2500), but if I cashed it, then I wouldn't take it further.

 

I haven't take it to the court stage yet, but I received a chque for £1100 today with a letter saying,

 

"Pleas find a cheque for £1100 in full and final settlement of our your complaint.

 

I trust that this is satisfactory, but please contact customer relations on the above number if you require any further assistance,"

 

 

I am really skint and I am about to cash the cheque- will I not be able to continue my case for the the other £1400 odd if I cash this?

 

Any help would be greatly appreciated.

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Hello D,

 

 

phone tham and ask for extra £1000- see what they say.. it probably feels hard, but you will get your full claim if you push a bit more.. They are all nice on the phone. tell them that you are ready to file a claim and will settle only if they pay no less than 75%...

 

They will settle...

 

 

regards,

 

 

 

itsme

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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