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  • #61
    Re: thought this was unenforceable but default??

    Rizzle I agree it's worth a complaint, deffo but just advising him not to expect anything and if he gets a good decision then great - bonus. However I am rather bitter regards the FOS right now so cheers for the level headed approach

    *and calm*
    :niddy
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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    • #62
      Re: thought this was unenforceable but default??

      Originally posted by rizzle View Post
      No. I don't agree. You were done over on your case.
      Thanks I know I was but problem is - its game over. My hands really are tied. I've nowhere left to go

      See the problem? One bad call by a bad adjudicator and your case is buggered. Just like that.

      Anyway, sorry for deviating. Deffo agree with you here, let's hope they make a good call for once eh
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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      • #63
        Re: thought this was unenforceable but default??

        If you don't make the complaint, you will never know.

        Besides, it'll cost the barstewards £400+ whether upheld or not.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #64
          Re: thought this was unenforceable but default??

          I think it's now £500 + vat isn't it or has it dropped recently?

          I like it though. Sweet revenge and being a pita is always sweet
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #65
            Re: thought this was unenforceable but default??

            Originally posted by Never-In-Doubt View Post
            I think it's now £500 + vat isn't it or has it dropped recently?

            I like it though. Sweet revenge and being a pita is always sweet
            Nah. Used to be £400 ish. Think it's gone up now with all the PPI caseload.

            And if they think or know they are in the wrong, they might just decide it's not worth £500 case fees to fight it that far and chance a decision going against them.

            That may be a bit too optimistic, but occasionally they do have a fit of "common sense" and do the right thing if they think it will cost them.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #66
              Re: thought this was unenforceable but default??

              Right, I will try that then. It's worth a go I guess! And make sure none of my other debts get to the default stage in future. I can't wait to be debt free ...

              Thanks so much for all your help, I will let you know how it goes

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              • #67
                Re: thought this was unenforceable but default??

                Thought I would give a quick update since I am back on here.

                Halifax sent us a letter apologising and saying that the default was indeed incorrect because no notice letter had been sent, they even included a £50 cheque by way of an apology and said the default would be removed if we paid the balance. This was in March I think. We paid the balance as I am really keen to get rid of this default and still the default hasn't been removed - it kept getting batted between marbles, robbo way and halifax, all saying it was the others job to remove. Anyway, after getting no where for ages with a load of letters/calls that were never responded to, I sent it to the ombudsmen recently with a copy of their letter admitting it was an error and all our unanswered follow up.

                Don't know what the outcome will be yet, but hoping the fact that we have in black and white them saying was incorrect and will remove will be enough.

                Ombudsmen should get back in the next month so will keep this posted.

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                • #68
                  Re: thought this was unenforceable but default??

                  I was recently told the FOS fee is now £750 - and as Rizzle says, is down to the PPI influx of complaints.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #69
                    Re: thought this was unenforceable but default??

                    Hi everyone,

                    So, the ombudsmen finally got back and ruled in our favour - that the default should be removed. Only marbles have appealed. Seemingly, it goes through a caseworker to begin with (which is what we have just done) and because marbles have disagreed with the outcome it now goes to an actual ombudsmen to decide. Have been told that this could take a further six months.

                    Anyone any idea what our chances are? Given that (a) we have a letter from halifax admitting default was put on in error and (b) that the caseworker ruled in our favour. I don't want to get my hopes up but feeling a bit more positive. The caseworker when explaining the situation on the phone said in his opinion it seemed pretty clear cut that the default should be removed but that marbles have appealed. Do they often appeal as a matter of course or does this mean they have an argument up their sleeve?

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                    • #70
                      Re: thought this was unenforceable but default??

                      seems to me the Ombudsman seems to agree with case worker most of the time.
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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