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nmp

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  1. Hi there I really need some advice. I am a single parent in a 2 bedroom property with 2 children under the age of 5. When I originally signed up to my tenancy agreement it was for 3 years with no break clause (yes stupid I know) Since moving in I have had problem after problem with damp and condensation. It has wrecked all my clothes and now my children are affected. The agent who is responsible of the property have failed to resolve the problem and I have email correspondence and photographs of the problems. I have asked them to cancel the agreement early and they are telling me that I would have to pay until the end of the agreement (feb). their exact words "Unfortunately in regards to ending the tenancy early you would be liable for 10% of the rent +vat from the date of early termination to the end of the fixed period and the monthly rent would need to be paid until either new tenants move in, landlord takes possession or the end of the current term whichever comes sooner." The contract expires in February next year and I really need to get of there at the soonest opportunity. The problem is - they have a £2000 deposit of mine and my mum is the guarantor. I am in a real state with this and really need some advice. I am sorry if my post isn't as articulate any many on here. I am really pleading for help! Many thanks
  2. Hello there... My story is a bit long winded but I will try and make this as brief and descriptive as I can. I have been on ESA since July. For the past year I have been suffering from severe depression, acute panic/anxiety attacks and self harm etc. I have been working ever since the age of 16 and only in July I had to give up work because my conditions were just getting worse. I am under the care of my GP, community mental health team and counsellor. After being on ESA for a few months I was sent an appointment for a medical with ATOS. I have just heard today that I failed my assessment. I find this really awful as there is no way I could go back to work at the moment. My attacks are so bad that I black out, I can barely find the energy to feed myself let alone leave the house. I have a fear of leaving the house on my own and feel everything is getting me down. I cry most days and feel like life isnt worth living. I hear voices at night so much so that I am scared to sleep. I am getting help now but things are still really bad. My medical was conducted by a nurse. She asked me questions for 10 minutes and then that was it. Today I was told that I scored 0 points! My GP has continued to give me a medical certiciate signing me unfit for work until end of November and she has said that she expects that to continue for some months ahead until I reieve an assessment from the physctherist. They have stopped all of my money and told me that i need to appeal. My state of mind is bad but they asked me to fill in the appeals form at the job centre which i did.... I also applied for DLA a couple of months ago but havent heard anything. I am living at home with my mum at the moment but she wants me to leave as she cant deal with my mental health state also because I am gay she cant deal with my way of life. I am going to have no where to live. The council refused to help me find somewhere and said that i have to rent privately... !!! With what money? even if i claimed housing benefit i cant no way find a depsoit or first months rent in advance I am so scared and feels everything is on top of me...
  3. Dear all....I came across this in the BBC website today.... I am currently contacting my creditors asking them to provide me with a copy of the CCA - it seems that this will no longer work??? Any help / advise would be good... Banks have won a partial victory against some credit card customers who have been trying to avoid their debts. A judge at the High Court in Manchester has upheld that card companies need only provide a "reconstituted" copy of the original loan agreement. It confirms that banks can still enforce debts even if the original agreement has been lost or destroyed. The ruling may affect thousands of potential cases gathered by claims management companies. "It seems to me to be likely that the number of challenges... will diminish significantly hereafter," said Judge David Waksman. Banks sometimes have great difficulty in providing an exact copy of an original credit card agreement, such as a photocopied or scanned version, and at least one major bank is thought to have destroyed all its old credit card agreements. Reconstitution Under the Consumer Credit Act (CCA), lenders are obliged to supply a copy of their credit card or loan agreement to a borrower, if asked to do so, within 12 days. The absence of a copy of a signed executed agreement is no evidence that such an agreement was not made Judge Waksman Some claims management companies and their solicitors have been trying to use the law to stop debts being enforced, possibly permanently, if the copy cannot be produced satisfactorily. This has led to disputes between lenders and customers about what sort of copy is acceptable under the law. Judge Waksman examined six test cases to decide this. He said that the purpose of obliging lenders to provide a copy of the loan agreement, when asked, was not to prove that the agreement had been properly struck in the first place, but to provide the borrowers with information about the state of their account. "The debtor has a legitimate interest in seeing a copy of the agreement he signed, not in the sense of proof of execution but as information," he said. As such, he ruled that a reconstituted version of the agreement was perfectly acceptable. The information in it could be drawn from other data held by the bank about their customers, and it could be recreated by drawing on the standard terms and conditions that the bank applied at the time. Also, it was not necessary for the bank to examine the original signed agreement to do this, or even still to have it. "A creditor can satisfy its duty... by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself," he said. "The fact that the creditor no longer has the original executed agreement is not therefore, itself a bar to compliance [with the Act]," he added. 'Honest and accurate' Judge Waksman did point out that the banks could not simply invent the loan agreement retrospectively to comply with the law. "It must - of necessity - be based upon records held as to the debtor and the agreement he made," the judge said. "That a creditor needs to take care when providing the copy is highlighted by the fact that it is implicit in its duty that it is an 'honest and accurate' copy," he added. Judge Waksman rejected some arguments put forward by the banks, and supported some of those put forward of the claims management firms and their clients. He ruled that: • a copy of the loan agreement must contain the name and address of the borrower as it was at the time it was signed • if an agreement has been subsequently varied by the lender, then the lender is obliged to supply a copy of both the original agreement as well as the current one. Judge Waksman's rulings were welcomed by one of the biggest claims management companies, Cartal Client Review, which was involved in the Manchester hearings. It said that the clarification of the law would "open the floodgates" to many more cases being put forward in 2010. "Our experience shows that many banks and credit card companies have failed to instigate systems and procedures that allow them to comply with the requirements of the CCA and it is also clear that many agreements did not comply with the prescribed terms of the CCA, when the agreements were originally drafted," said Andrew Settle of Cartel's solicitors CCLS. Fishing expeditions Judge Waksman also ruled that failure to supply a copy did not, of itself, mean there was an unfair relationship between the lender and borrower under the CCA. But he confirmed that if a lender could not supply a copy of the loan agreement, then this automatically prevented them from using the courts to chase a debt until such time as they could come up with a copy. The judge went on to criticise some attempts by credit card customers to avoid repaying their debts by challenging their lender to produce a valid copy of their original loan agreement. "Many claims now made under [the Act] may properly be regarded as unattractive and merely fishing for a case of unenforceability," he warned. He went on to strike out claims from two individuals, pointing out that they had failed to supply any evidence at all that they had never signed their loan agreements in the first place. "The absence of a copy of a signed executed agreement is no evidence that such an agreement was not made," ruled Judge Waksman.All
  4. Dear all....I came across this in the BBC website today.... I am currently contacting my creditors asking them to provide me with a copy of the CCA - it seems that this will no longer work??? Any help / advise would be good... Banks have won a partial victory against some credit card customers who have been trying to avoid their debts. A judge at the High Court in Manchester has upheld that card companies need only provide a "reconstituted" copy of the original loan agreement. It confirms that banks can still enforce debts even if the original agreement has been lost or destroyed. The ruling may affect thousands of potential cases gathered by claims management companies. "It seems to me to be likely that the number of challenges... will diminish significantly hereafter," said Judge David Waksman. Banks sometimes have great difficulty in providing an exact copy of an original credit card agreement, such as a photocopied or scanned version, and at least one major bank is thought to have destroyed all its old credit card agreements. Reconstitution Under the Consumer Credit Act (CCA), lenders are obliged to supply a copy of their credit card or loan agreement to a borrower, if asked to do so, within 12 days. The absence of a copy of a signed executed agreement is no evidence that such an agreement was not made Judge Waksman Some claims management companies and their solicitors have been trying to use the law to stop debts being enforced, possibly permanently, if the copy cannot be produced satisfactorily. This has led to disputes between lenders and customers about what sort of copy is acceptable under the law. Judge Waksman examined six test cases to decide this. He said that the purpose of obliging lenders to provide a copy of the loan agreement, when asked, was not to prove that the agreement had been properly struck in the first place, but to provide the borrowers with information about the state of their account. "The debtor has a legitimate interest in seeing a copy of the agreement he signed, not in the sense of proof of execution but as information," he said. As such, he ruled that a reconstituted version of the agreement was perfectly acceptable. The information in it could be drawn from other data held by the bank about their customers, and it could be recreated by drawing on the standard terms and conditions that the bank applied at the time. Also, it was not necessary for the bank to examine the original signed agreement to do this, or even still to have it. "A creditor can satisfy its duty... by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself," he said. "The fact that the creditor no longer has the original executed agreement is not therefore, itself a bar to compliance [with the Act]," he added. 'Honest and accurate' Judge Waksman did point out that the banks could not simply invent the loan agreement retrospectively to comply with the law. "It must - of necessity - be based upon records held as to the debtor and the agreement he made," the judge said. "That a creditor needs to take care when providing the copy is highlighted by the fact that it is implicit in its duty that it is an 'honest and accurate' copy," he added. Judge Waksman rejected some arguments put forward by the banks, and supported some of those put forward of the claims management firms and their clients. He ruled that: • a copy of the loan agreement must contain the name and address of the borrower as it was at the time it was signed • if an agreement has been subsequently varied by the lender, then the lender is obliged to supply a copy of both the original agreement as well as the current one. Judge Waksman's rulings were welcomed by one of the biggest claims management companies, Cartel Client Review, which was involved in the Manchester hearings. It said that the clarification of the law would "open the floodgates" to many more cases being put forward in 2010. "Our experience shows that many banks and credit card companies have failed to instigate systems and procedures that allow them to comply with the requirements of the CCA and it is also clear that many agreements did not comply with the prescribed terms of the CCA, when the agreements were originally drafted," said Andrew Settle of Cartel's solicitors CCLS. Fishing expeditions Judge Waksman also ruled that failure to supply a copy did not, of itself, mean there was an unfair relationship between the lender and borrower under the CCA. But he confirmed that if a lender could not supply a copy of the loan agreement, then this automatically prevented them from using the courts to chase a debt until such time as they could come up with a copy. The judge went on to criticise some attempts by credit card customers to avoid repaying their debts by challenging their lender to produce a valid copy of their original loan agreement. "Many claims now made under [the Act] may properly be regarded as unattractive and merely fishing for a case of unenforceability," he warned. He went on to strike out claims from two individuals, pointing out that they had failed to supply any evidence at all that they had never signed their loan agreements in the first place. "The absence of a copy of a signed executed agreement is no evidence that such an agreement was not made," ruled Judge Waksman.All
  5. All, I need some help! I have been renting a flat for 4 months and to be honest it has been a nightmare. There has been one problem after the other. The property is managed by the letting agent. first of all - there were mice. Letting agent told me that I needed to deal with it myself and but mice traps - which of course I did. a number of weeks went by and still had mice. Then the heating broke down for about a week! Took a week to fix! A new boiler was finally fitted - now I cant use more than one hot tap at once in the whole flat!!! Then now there is a problem with the shower and bath (since last week) and still is not fixed. I cannot use the bath or shower. All I keep being told is that the parts are on order! Have reported that the fridge doesnt work and fails to keep things cold - they emailed me and asked for the EXACT measurements of the fridge!!! Still no new fridge! I finally just gave in my notice and decided to look for somewhere else. I now have to wait and give my notice period! I pay £1000 per month!!!!! PLEASe HELP! ANY ADVICE Can I withhold my rent? My worry is that they have £2000 of my deposit which I am sure they will find an excuse to keep!
  6. Welcome Finance are a bunch of cowboys seriously just dont pay it! it will be wiped off the credit file in 6 years (thats if it even gets listed on the credit file) Also, I think your son should request sight of the signed CCA. (WELCOME NEVER KEEP RECORDS OF ANYTHING) gOOD LUCK
  7. Hi Guys Wonder if there is anyone who can help me! I travel a lot and have a halifax current account! Everytime I use my card whilst I am away I am charged a fee of about 1.50. I have travelled so much and used my card and paid halifax heaps of these charges! Is this really right? Can I not do anything about this? Anyone have any ideaS? Nic
  8. so is there any way of clearing your credit file and starting again? I cant get anything in my name at all?
  9. I also need some advice about the CSA and I am not quite sure who to ask! There doesnt seem to be any support groups out there at all. I dont know if any of you have ever had to deal with the CSA as the "non resident parent" but I have to say - its absolutely awful. When I say awful - I mean dreadful. I have been paying child support through mutual agreement between myself and my ex for the past 7 years. All of a sudden out of the blue I got a letter sent to my employer (then delivered to me from the HR department - how embrarssing) saying that I needed to fill out forms because my childs mother has filed a claim for them to collect child support. I called the CSA straight away and they told me that they had got details of my earnings from my employer and that they have already worked out my payments! She told me that I had to start paying tripple the amount that I have always paid. They were s rude. Wouldnt answer a single question about how they made the decision. Apparently the new legislation in 2003 says that its a flat 15% and they take into consideration no other circumstances, debt outgoings etc. Travel costs to get my child is expensive!!! When we first broke up my ex did goto the CSA and for a very shot while I was paying money through them - this was pre 2003 so it was assessed under the old rules. There guidelines say that they should use the old legislation if it is not a new case - my arguement is that it is not a new case!! as they did an assessment in 2002. Which my ex closed in 2003. Furthermore the assessment that they have just done has been based on my last 2 wage slips...both of which has overtime on it (which is unsual as I never do overtime) so they have based the weekly rate on those earnings!!! My ex has denied that I the child more than 50 day a year so I cant apply for shared care to claim a little reduction!!! They now tell me that if I dont complete the Debit Debit mandate within 5 days they will do a datachement of earnings on my salary immediately. I really dont know what to do!? There is no one who supports fathers!!!!!
  10. I also need some advice about the CSA and I am not quite sure who to ask! There doesnt seem to be any support groups out there at all. I dont know if any of you have ever had to deal with the CSA as the "non resident parent" but I have to say - its absolutely awful. When I say awful - I mean dreadful. I have been paying child support through mutual agreement between myself and my ex for the past 7 years. All of a sudden out of the blue I got a letter sent to my employer (then delivered to me from the HR department - how embrarssing) saying that I needed to fill out forms because my childs mother has filed a claim for them to collect child support. I called the CSA straight away and they told me that they had got details of my earnings from my employer and that they have already worked out my payments! She told me that I had to start paying tripple the amount that I have always paid. They were s rude. Wouldnt answer a single question about how they made the decision. Apparently the new legislation in 2003 says that its a flat 15% and they take into consideration no other circumstances, debt outgoings etc. Travel costs to get my child is expensive!!! When we first broke up my ex did goto the CSA and for a very shot while I was paying money through them - this was pre 2003 so it was assessed under the old rules. There guidelines say that they should use the old legislation if it is not a new case - my arguement is that it is not a new case!! as they did an assessment in 2002. Which my ex closed in 2003. Furthermore the assessment that they have just done has been based on my last 2 wage slips...both of which has overtime on it (which is unsual as I never do overtime) so they have based the weekly rate on those earnings!!! My ex has denied that I the child more than 50 day a year so I cant apply for shared care to claim a little reduction!!! They now tell me that if I dont complete the Debit Debit mandate within 5 days they will do a datachement of earnings on my salary immediately. I really dont know what to do!? There is no one who supports fathers!!!!!
  11. I wrote a letter requesting a CCA for my Barclays account that is £2k overdrawn. My account was always a basic account and never allowed me to go overdrwn! not even by £10! I have just got a letter from BArclays saying that they dont need to provide a CCA and have given me a copy of the terms and conditions of a "bank account" My account was a no frills account - they were the ones that let me go overdrawn. I thought that this was not possible with a basic account! I thought thats the whol point in having a basic account!!! I really dont know what to say in my reply does anyone have any standard letters???
  12. My claim is in the system. What happens now?
  13. no its actual money not charges. I dont know what to do?
  14. Thanks Scott -Ill wait and see! (if they bother at all)
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