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    • 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.  So 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.   So 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.  So 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.  So 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
    • Northampton has lost a host of major retailers, but independent traders say it has a bright future.View the full article
    • I think the most important thing here is to establish a paper trail. You have the right to return it within 14 days for any reason – the cooling off period. Also if there is a defect which manifests itself within the first 30 days then you have a right to reject the computer for that defect. I suggest that you write letter immediately – email – send it to them and make it clear that you are invoking the cooling off period and that despite your best efforts you have been unable to obtain an address from them and in fact you have found that both their staff and the systems are obstructive to your application of your consumer rights. Send a second email (they aren't normally able to understand one point per email – they get confused) and tell them that you are invoking your right to reject under the consumer rights act because of a defect and you want to know what arrangements they are making to collect the computer. Send both of these letters today. I suggest that the cooling off period one you also sent by recorded delivery post tomorrow but make sure it bears today's date. In terms of the defect, I suggest that you start going to the setup process again if you can and take a photograph of each screen so that you are able to demonstrate the defect. If Dell tries to shirk their consumer obligations then you will have evidence that there was a defect and after that we will help you through the next step.
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Lou vs HSBC


cephas
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Thanks Pete, just copied and paste my original query below.

 

Has anyone sent this off to their court which refers to HSBC? I have seen the template that Gary has posted in the general forum which refers to Lloyds, i am at the moment trying to relate this to my case and having difficaulty with it. Some of the info in blue and red i can not give examples, so do i just delete the whole paragraph or keep the black text in and not give any examples:confused: One para that i am having trouble with his:

 

- Additionally, the [claimant believes there to be a high possibility that the] terms and conditions of [his / the claimants] account contract explicitly describe the charges as to be levied in instances of breaching those terms. This is true of the contracts of other customers of the defendant that the claimant is aware. However, the bank has failed to provide me with a copy of the account contract, despite repeated requests to do so, so unfortunately this cannot be proved. A right of subject access request for this document was submitted to the defendant under the Data Protection Act 1998, on 8th September 2006. The defendant has failed to comply. Here, if your account contract states the charges as ‘breaches’ use the text in black. The blue bit was true in my case and I’ve left it there as an example. If it applies to you, keep it in, if not, take it out.

 

I hope this makes sense...

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i opened my account in 1994 and the nearest T&C i have is for Midland 1996.

 

Also the last page: Documents attached in support of this statement

  • Data Protection Act Subject Access Request for evidence of manual intervention - do you know what document supports this?

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The 96 t&c's will do!

 

"Data Protection Act Subject Access Request for evidence of manual intervention - do you know what document supports this?"

I presume this means a copy of your SAR if you sent one!

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If you write to your bank asking for you staements you send a SAR which I think includes a section that asks for details of any manual intervention. That bit is asking for a copy of that.

I am not 100% on this as I used the online banking to get my satatements.

If you havn't got one then yes just ammend to suit!

Hope this helps!:)

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Welcome to the Consumer Forums

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Thanks Freaky - i printed off all my statement from my online banking. So i will delete this point.

 

I just need to get hold of:

  • Transcript of radio interview with Peter McNamara, former head of personal banking, Lloyds TSB.

I have PM GuidoT so hopefully he will email over the PDF version.

Thanks for your help.

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ok, went to the local court and handed in my AQ with fee, i presume i just wait to hear from the court. Should i call them on Monday to see if they received the defence AQ?

 

I am going on holiday on 8th July so i hope the court gets back to me before this date so i can prepare the bundle. I have downloaded everything so i have it on my computer, so its ready and waiting for me to hit the print button! I think i am on top iof it now;)

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Can anyone help? My friend has had the following from her local court (she is claiming against Barclays):

 

It says:

General Form of Judgement or Order

Before District Judge Dudley sitting at Southend County Court, Tylers House, Tylers Avenue, Southend on Sea, Essex, SS1 2AW.

Upon reading the Court file and of the Court's own initiative.

IT IS ORDERED THAT the claimed be stayed until 27 June 2007. To be referred to District Judge Dudley in paperwork on 27 June 2007.

Would this mean she would have to submit paper work or her court bundle by this date or wait to see what the court order??

Thanks for your help.....

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That is strange! The judge has refered it to himself!

I am not sure what this direction means. Is that everything it says? Normally if they want the bundle they state that parties should supply it by a certain date!

Have a look at the letter again and let us know.

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She is just faxing the paper to me now, so i will double check and then get her to call the court, thanks guys...

 

Oh & I just rang the court about my claim and surprise surprise DG haven’t filed their AQ. So it's now with the judge for his directions. I suppose I just wait to see what happens eh!

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  • 2 weeks later...

As well as doing my claim i have started one for my mother with HSBC. I sent the LBA off and today in the post she has had nearly a full offer. She was originally claiming £3,361 and they have offered her £3,333 - how good is that! Not sure if someone wants to add this amount to the HSBC amount refunded? I am still waiting for DG to submit their AQ, so its still the waiting game for me, just just thought i would let you guys know!

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Congrats to your mum! I did the same for my mother in law and she had a full offer after only sending LBA. It did take a while though but it was easy enough.

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Welcome to the Consumer Forums

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You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

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ARE YOU A VICTIM OF COWBOY BUILDERS?

 

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  • 3 weeks later...

just an update.

 

Received on 16th July a leter from the court stating: District Judge **** has considered the statements of the case and allocation questionaires filed and allocated the claim to the small claims track. The hearing of the claim will take place at 11.30 on 12th September 2007 at Clerkenwell & Shoreditch court and should take no longer than to be fixed. (Not sure what the last part means!!??)

The court must be informed immediately of the case is settle by agreement before the hearing date.

 

The letter doesn't mention anything about my proposed directions or any other directions for that matter. Is this normal?

In the mantime i will send DG a letter asking for them to send me a copy of their AQ.

Oi - how are you getting on, got your court date yet?

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District Judge **** has considered the statements of the case and allocation questionaires filed and allocated the claim to the small claims track. The hearing of the claim will take place at 11.30 on 12th September 2007 at Clerkenwell & Shoreditch court and should take no longer than to be fixed. (Not sure what the last part means!!??)

Your judge is peed off to the back teeth with allocating court time for cases that they know will never get to court, so none has been allocated, if it gets to court your in the ladies loo's first stall

 

The court must be informed immediately of the case is settle by agreement before the hearing date.

 

The letter doesn't mention anything about my proposed directions or any other directions for that matter. Is this normal?

 

In the mantime i will send DG a letter asking for them to send me a copy of their AQ.

The judge is relying on the court date being sufficent to force DG to make an offer before that date, it has been so far in everyone elses cases :)

 

 

So your offer will be early September :)

 

pete

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Nice! at least you wont be printing all the court bundles off, now thats a bonus trust me. My money is now in my account. Exactly 1 week before the court date. So roll on 5th september for you then!!! If not sooner. Good luck!!!

pelim letter sent 25/01/2007

reply from hsbc 01/02/2007

LBA letter sent 16/02/07

MCOL Issued 06/03/07

Deemed served 11/03/07

Deadline 08/04/07

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  • 1 month later...

Received a letter from DG to say that are requesting a stay in my case which is on 12th September at Clerkenwell & Shoreditch court, should i just wait to hear from the court or should i reply to them?

 

I read on the barclays forum that someone with a court date of 5th Sept at the same court as me got a letter from the court to say their case has been stayed to i presume there is no hope for mine going ahead... :mad:

 

Cant believe they have the cheek of ignoring my letters for the last 6mths and then write to say this... v. annoying!

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  • 2 weeks later...

Right my hearing is this Wednesday at 11.30 and I am s***ing myself! I haven’t heard anything from the court and I have tried on numerous occasions to call them but I keep getting cut off.

I have made a list to take with me for my arguments against at stay and I have the following points:

1) DG have not complied with the courts rules but not submitting a bundle and also they filed their AQ a week late.

2) I had no way of knowing about the test case and this was announced after I had my court date/hearing and it would be unfair to make me wait when I expected a resolution today

3) there was a case won at this court (clerkenwell) on 15th Aug

4) I have tried various times to settle out of court but DG/HSBC has not acknowledged any letters I have sent.

5) DG sent letter to say they would apply for a stay, this hasn’t been done yet and it’s unfair this should happen on my hearing date when they should have applied in advance - I have had to take a day off of work (1 day’s loss of pay)

I would also mention I would agree to a stay if no further charges are applied to my account until the result of the teat case.

Have I forgotten anything??

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