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    • As you have no income, you should complete a benefit check to see if you are entitled to any benefits: https://www.entitledto.co.uk/   You can submit the N244 before a warrant of eviction is granted but all that would do is reset possession proceedings. It is likely that Brittainia will continue with possession proceedings anyway even where the possession order is successfully set-aside. The issue is that you have very little to offer and Brittania is unlikely to agree to let you live in the property indefinitely until you sell it while paying £10 per month, that could take months/years. It wouldn't let you capitalise arrears because you can't meet the mortgage repayments even if they were.   I'd suggest that you speak to a housing advice organisation such as Shelter for assistance, it can gather further information and advise on what your best course of action is: https://england.shelter.org.uk/  
    • Hi,   I need some advice in compiling a defence to a claim sent to me by Moriarty Law on behalf of JC International   The claim is dated 24 May 2019 and I have filed my intention to raise a defence to extend the period to 28 days today   They claim: The defendant owes the Claimant £1075.67 under a credit card agreement with JCIA dated 29/2/2008 and which was assigned to the claimant and notice of which was given to the defendant. Despite formal demand for the payment the defendant has failed to pay and the claimant claims £1075.67 and also claims interest thereonprsuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £86.05   Amount Claimed 1161.72 Court Fee 70.00 Legal Costs 80.00 Total Amount 1311.72   In the pre litigation pack they sent to me (I have a copy as I sent by email) I asked for a copy of the CCA and also stated the debt was statute barred. To date all they have returned to me are statements of account that prove this is over 6 years old. The address they claimed I was at I had moved from long before those dates and my electoral roll supports this so I could have been found.    So my defence items are no CCA and Statute Barred - What is the best phrasing to do this? I presume I also do this at the last minute possible?   Thank you in advance
    • Received paperwork now from them prior to 30th deadline. is it worth uploading here or just send my 181 back with the draft directions from my side? 
    • Ah ok, thanks Andy. As of yet i have heard nothing from the court since i received the N180 from lowells.
    • you NEVER offer PS it opens you up to 6more yrs of harassment as you've ack'd the debt and they'll sell the rest on.   just do the CCA..   its probably very close to SB so they leave things late to get the most interest out of you. if they issue a backdoor CCJ.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
phil1101

Returned Cheque/Account Closed policy

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4806 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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I recently received a cheque for £1600 in payment for goods I sold.

The cheque was issued through RBS and paid into my account (First direct).

It showed on my online statement as cleared funds and available 7 days later. The goods were then released to the buyer.

11 days after the cheque was paid into my account, I transferred part of the money to a savings account (also with FD).

The following day, 12 days after the cheque was paid in, I received a letter from my bank with the original cheque enclosed, informing me that the cheque had been returned unpaid by the drawers bank. The reason for the return was stamped on the front of the cheque 'ACCOUNT CLOSED'

 

I have communicated with RBS for several months now to determine how they can 'release' funds on an account that is closed (there stamp on the actual cheque) and then return the cheque unpaid?

However the only reply I get states 'customer confidentiality' in other words - tough!

 

Would it be worthwhile pursuing this matter through the legal channels?

 

I have all the original documents and cheque etc.

 

I would genuinley appreciate any help i could get.

Kind Regards

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I'd definetly pursue it further. If the account was closed, all cheque books should have been retained, and checks done to ensure no cheques were outstanding.

 

It's THEIR negligence

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No it is NOT their negligence. You have a legal claim against the drawer of the cheque. There is also the criminal angle; i.e. the drawer knowingly issued a cheque on a closed account. The most useful thing would be to contact your OWN bank and demand an explanation. Banks shouldn't really be allowing cheques to be returned 12 days after presentation. Your Bank acts as YOUR agent when collecting cheque payments. You should demand re-imbursement from them; and your bank can then use inter-bank agreements to reclaim the funds from RBS. Your bank will claim they are entitled to deduct the funds/refer you to T & C's etc; however, it is your bank that is potentially negligent in failing to prevent RBS from claiming funds back 12 days later. As far as I am aware there are inter bank agreements which stipulate that banks should not return cheques after about 10 days. These are inter bank agreements and have no legal force to the consumer, but could be used to demonstrate that your own bank has failed in their duty of care towards you when acting as your agent.

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Thanks for the really helpful replies.

I apologise for the delay in responding, but i have been in hospital.

 

Thanks again

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This topic was closed on 03/06/19.

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

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4806 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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