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    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.     3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form:   it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’   So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know.   It seems it is dependent on the wording 'completed by registration' and 'is to be registered'???   Below is copied from Martin's MSE.   This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to deceive you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
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kevrapley

Telewest incompetency

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Hello board, I would like to ask for some help on behalf of my girlfriend. She and her housemates took out a student package deal with Telewest with one of these guys who canvas students at the union. They were verbally told that the package would last for 9 months to coincide with the lease on their student property.

 

They were also told that the service would run at a 10MB level but this has currently never reached this level and only runs at just 4MB. They were told it would rise from 4MB to 10MB within 2 weeks of signing the contract. This never happened.

 

The situation now stands that in the small print, the contract must last for 12 months. The service still runs at 4MB. They wish to charge my girlfriend £50 in charges for cancelling the service short of the 12 months, however they have completed the verbal agreement of 9 months.

 

Is there anything that they can do to cancel this contract without paying the charge, possibly based on the verbal agreement and the fact that the service paid for has not met the required level?

 

Documentation is available to prove the service should now be 10MB, however as I said before the small print reads as follows:

 

20. Customers are required to commit to a minimum of 12 months in respect of each service (e.g. a phone package, a cable television package or blueyonder broadband internet but excluding blueyonder Pay-as-you-go and blueyonder Surf Unlimited which have a minimum period of 30 days).

HSBC:

17/06/2006 Settled on offer of £785.00

 

Cahoot:

25/05/2006 DPA sent. 40 Days to comply.

06/07/2006 Deadline for DPA.

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You have a problem.

 

It's well known that most telephony companies have a 12 mths minimum contract. Your written contract says 12 months. It would be your word agaisn theirs that the salesman said 9 mths, and tbh, the balance of probabilities would not be in your favour.

 

The 4 mb is another issue. For starters, the 10 mb is a maximum on upload they quote, and the reality is that it very seldom is so, and certainly never on download. Secondly, as the upgrade is supposed to be a free one, and subject to regional vagaries, you can't say there's been a breach of their contract when there's been no price increase for that service that didn't happen...If you follow me... Basically, you haven't gained anythign, lost anything...

 

You would have to be able to prove that you only took the contract because you had been promised an upgrade to 10 mb, and that you have suffered a loss of service due to that upgrade not happening... Yeah... Can't see that happening...

 

I'm always happy to be corrected if someone knows better, but on this one, I'd say you're on a hiding to nothing. Just my opinion, mind.

 

.

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Thanks for the reply, I thought as much myself. This won't deter me from writing a letter to Telewest and pulling a few heart strings (if they have any). Sometimes it manages to land on the desk of someone who takes pity. 12 month contracts are useless to students and recommendations will certainly not go in favour of Telewest to the next residents if they decide to play hard ball.


HSBC:

17/06/2006 Settled on offer of £785.00

 

Cahoot:

25/05/2006 DPA sent. 40 Days to comply.

06/07/2006 Deadline for DPA.

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Yes, the 10mb thing, you don't have much hope with, it's more to do with what your computer/line is capable of handling, and that also depends on how many other users you are sharing with and at what time of day. Or something like that. I used to work in IT at Telewest, which would explain why I don't really know.... Funny, I knew a lot more BEFORE going in there....

 

Anyway, although I left 3 years ago, the company where in such a two-n-eight that they would do anything to keep their customers (although not having the remainder of your contract would be on your side).

 

They're in a two-n-eight now, and have just announced the whole of their 12 floors Head Office in Woking redundant (LOLOLOL - that's where I worked!)...

 

Anyway, as kev just said, 12-months is standard and I assume the £50 "fee" is for the remaining 3 months - or is it on top of that? If it is ONLY that, then maybe that's better than paying whatever they're paying out monthly now?

 

I can only suggest, if they haven't disconnected already, to ring them up on the first day of the 11th month and announce that they do not wish to continue the service after the last day of the contract, and then immediately find a supplier who they think they will be more happy with. Or bargain the hell out of them and then ditch them (which is what I would do, personally).

 

Sorry that's not much help, but I sincerely wish you the best of luck.


But then again, what do I know?

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It is well known that both ntl and telewest advertise at freshers fairs etc 9 month student contracts insist on speaking to a manager possibly another course of action would be to use the students union I am sure these two companies do not need any further bad press.

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Thanks ROME2MANDALAY I will also try this. How did you come to know that it is well known that both ntl and telewest advertise at freshers fairs etc 9 month student contracts?

 

If you could point me to any useful information on this that would be really great.


HSBC:

17/06/2006 Settled on offer of £785.00

 

Cahoot:

25/05/2006 DPA sent. 40 Days to comply.

06/07/2006 Deadline for DPA.

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Thanks ROME2MANDALAY I will also try this. How did you come to know that it is well known that both ntl and telewest advertise at freshers fairs etc 9 month student contracts?

 

If you could point me to any useful information on this that would be really great.

 

Hi I work for ntl and have signed up students at freshers fairs. I believe the discount code they use on there billing system is STUDC and this should be added onto the customer account, however, this is sometimes ommited.

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have you asked them for a copy of the contract?

 

i spent 4 weeks working in their offices and they are a very slack firm when it comes to their paper trails.

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We have been with telewest for about 6 years.

We have the internet phone and TV package that costs us 50 quid a month.

 

When we recently saw them advertising the same service for 30 quid I contacted them.

 

TW "sorry this service is for new customers only "

 

But what about loyal customers I asked ?

 

TW " We are in business to attract new customers and have to offer incentives to them "

 

But 20 quid less ..................

 

 

TW "When you joined we gave you first month free and did not charge you any installation fees..."

 

 

But that dont add up to 240 quid a year less...............

 

I asked them if they were prepared to consider existing customers ????

 

TW "Sorry its not possible ".....Strictly for new customers.

 

I asked if I cancelled my services and then re-applied as a new customer if I would get the new deal ?

 

TW ......(LONG SILENCE)..........errr I think its quite likely yes but please dont quote me.

 

 

I said I was thinking of doing this.

 

TW ahhhhh but this would leave you with no services at all and could take up to 72 hours to complete

 

72 hours I asked ?

 

TW yes because we have to collect your modem and set top box

 

So its a bit of hassle for me to do ???

 

TW "Afraid so.......is there anything else I can do for you today Mr x ?"

 

 

the mind boggles........................


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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He was lying... if you're an ex-customer at that address and/or that telephone number, you will not get the offer. All you can do is move house and THEN reapply.

 

It's the same with Sky...

 

You've seen the adverts for Nationwide I take it? "Brand new customers only!" :D

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the mind boggles........................

 

ask to speak to their customer relations team. they will amend it for you (although you can bet your bottom dollar it will be subject to a new 12 month term)

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He was lying... if you're an ex-customer at that address and/or that telephone number, you will not get the offer. All you can do is move house and THEN reapply.

 

It's the same with Sky...

 

You've seen the adverts for Nationwide I take it? "Brand new customers only!" :D

 

Of course............I actually think they are hilarious.........especially refusing the pen !!!

 

Mind you I dont think their pens cost 20 quid !!!


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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ask to speak to their customer relations team. they will amend it for you (although you can bet your bottom dollar it will be subject to a new 12 month term)

 

 

Wouldnt mind signing to save the difference...............I actually not signed a new one since the ending of the first .....5 years ago !!


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I believe the discount code they use on there billing system is STUDC and this should be added onto the customer account, however, this is sometimes ommited.

 

This is great information, thank you ROME2MANDALAY. I am going to do some more research into this. I feel I have some stronnger firing power now, thanks to everyone for your help. I will let you know how we get on.


HSBC:

17/06/2006 Settled on offer of £785.00

 

Cahoot:

25/05/2006 DPA sent. 40 Days to comply.

06/07/2006 Deadline for DPA.

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Whats the chances of taking telewest to the small claims for unfair penalties ?

 

If they are offering NEW customers a package for 30 quid whilst still charging existing customers 50 then surely its an unfair penalty charge ??

 

I have NO contract so theres nothing they can challenge from that.

 

thoughts please

 

 

Maybe I should send them a LBA ?

 

Surely nothing to lose by doing so ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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You are paying for a service they are not charging you any more than you agreed to in the first place so you can not send them an LBA as if you have been with them for five years then you are well within your right to cancel the service if your not happy to pay the £50 a month at the end of the day Telewest is a business just like any other company and are there to make money. I have a loan with the nationwide and my interest rate is 6.7% and there current rate is 6.4% does that mean i have the right to send them a LBA cause other customers get it cheaper.:|

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tecnnically thats not true.................I AM paying much more than I agreed in the first place as its gone up about 18.00 !!

 

 

I am going to certainly try their customer services.

 

I will point out that Tesco and the Post office are both offering cheaper telephone/Internet packages.

 

As for the TV .............a set top Digibox is selling now for 20 quid !


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Contact there customer services team by all means at the end of the day its business.

 

I for one have been with telewest for a few years know and find the custoemr service great they may not be the cheapest but cheapest always comes at a price IE poor customer care and long waiting times to speak to someone.

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Hum, guys?

 

Any chance of starting a new thread to discuss this rather than hijacking OP's? Please?

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Oops sorry BW Think we finished on that now.

 

 

 

 

:rolleyes:


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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This topic was closed on 11 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group


HSBC:

17/06/2006 Settled on offer of £785.00

 

Cahoot:

25/05/2006 DPA sent. 40 Days to comply.

06/07/2006 Deadline for DPA.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 5154 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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