Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default Alliance & Leicester Loan Agreement

    Hello,

    I recently recieved my A & L cca request, its looks enforceable to me, Boo!
    However, I have a question regarding the ' cooling off period ' of 14 days
    that is not mentioned in the agreement or T&C's. I cant see it!

    Is there any possibility that it could be unenforceable because of this ommission?

    What are your thoughts,

    Thank You

    ps agreement to follow


  2. #2
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    Default Re: Alliance & Leicester Loan Agreement

    Heres what A & L sent me.















  3. #3
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    Default Re: Alliance & Leicester Loan Agreement

    I got your PM but I am not 100% sure with this. I think the cooling off period depends on the way the loan was obtained (i.e you went to the branch, cold calling etc). Someone else should be along to help you soon though.

    I am not an expert, but I can give good advice about Brighthouse

    Am learning more and more about DCA's too

    I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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  4. #4
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    Default Re: Alliance & Leicester Loan Agreement

    I am wondering if the sentence

    "This offer is available for 28 days from the date of the Alliance & Leicester signatureicon "

    could be construed as such ?

    I will pop your link on to a couple of other threads that are more frequently visited by "those that know about these things" and they might be able to advise you more fully.



    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
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    When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.


    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE

  5. #5
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    Default Re: Alliance & Leicester Loan Agreement

    I agree with what has been said above......was this an online loan ? or in branch ? I would have thought that it would include cancellation rights but it wouldn't IMO be enough to make it unenforceable......was the default notice compliant ?

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

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  6. #6
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    Default Re: Alliance & Leicester Loan Agreement

    Hello SM!

    Thanks for the PM.

    I regret that Loans are not something I'm that up to speed on.

    The above comments from the others are all valid and are good points to explore.

    I can see they Signed the Agreement before you, so this Thread may be of some interesticon:

    http://www.consumeractiongroup.co.uk...ml#post1514689

    Key issues seem to be:

    (1) Did they discuss the Loan with you before signing, i.e. within one of their Branches, or did they send out a Rep etc.

    (2) Have they issued a Default Notice yet?

    Cheers,
    BRW


  7. #7
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    Default Re: Alliance & Leicester Loan Agreement

    Thank you all for your comments, it is much appreciated.

    I initiated this application over the phone, at no point did i visit a branch
    and i signed the agreement at home then posted it back to A & L.

    I have sent a Subject access requesticon recently in order to see whether or not a 'cooling off period' was offered to me after i signed their agreement.

    "This offer is available for 28 days from the date of the Alliance & Leicester signatureicon " could be construed as such ?

    CitizenB - This is a good point you make, however I believe that as consumers we should see a clear and defined cancellation option.

    Banker Rhymes, clemma - I only dicussed the loan over the phone and I was issued a default notice in March 2008, also I have been paying a agreed reduced monthly amount with A & L.

    42man - I will check the SARicon to see if the default notice was compliant.

    In general I realize the agreement looks enforceable, however there does seem to be a question as to whether it is a cancellable agreement as defined in CCA 1974, and if so, should it not be made clear as to our right to cancel within the agreement and or the terms and conditionsicon.

    I may be clutching at straws here, so your advice is taken on board.

    All the best to you all.

    San Martino


  8. #8
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    Default Re: Alliance & Leicester Loan Agreement

    Hi
    I am still waiting for my SARicon.
    Was wondering if any one had any further thoughts on this.
    Thanks


  9. #9
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    Default Re: Alliance & Leicester Loan Agreement

    Hi, just picked this one up. We had an A&L loan with the same paperwork as above. Also questioned themn about the no right to cancel box and after 6 weeks of 'investigating our concerns' came back with a load of gumpf about Distance Marketing Regulations stating they did not need to provide cancellation rights.

    Nonsense I thought. This loan was dealt with via post and at no time were any face to face discussions had, no branch visits etc. Went back to them over a year ago now stating we weren't happy with their response and ended up with two seperate letters from an A&L representative stating that she 'would not be entering into any further communication about this matter as it is inappropriate'.

    Quite how discussing a legitimate query with a customer is 'inappropriate' I have no idea. We stopped paying making it clear we'd recommence once happy and we've heard nothing from them for around 13 months now. Interestingly I don't think they've even bothered to send a statement of account through either.

    We also questionned the APR calculations asking them to provide a working out of how they had calculated the various rates. I'd been reading up on the great APR [problem] and was interested to read that many finance organisations and banks had used this in the past to generate extra sums. A&L had a great deal of difficulty providing these, asked why we wanted them etc before finally sending a letter with a series of equations and formulae on that made little sense to me.

    When we'd asked for a detailed setting out of the calculations relating to our specific finance agreement it was entirely unhelpful to simply get sent a sample calculation with figures on that were wildly different to our own. No help at all and this I took to be a partially deliberate attempt to shut us up. Is it really too much to ask a finance organisation to supply the details applicable to our account? I thought not.

    Anyway, that's our story, A&L couldn't have been less helpful and the tone of some of their letters was pretty aggressive. All I wanted was the details for the loan, hardly unreasonable. So, nothing heard from them for ages, no idea what they'll eventually do. Will update if anything happens.



  10. #10
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    Default Re: Alliance & Leicester Loan Agreement

    Any further dealings with A&L San? Ive just compared my app and t&c with yours and its identical - its even signed by the same A&L person so im interested in this. I am about to start my own thread though,

    Madge



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