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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Future mortgages/citi financial

    Hi i have recieved a letter from citi financial who i suppose is future mortgages? it says:

    we note that you seek to rely on upon schedule 2(1)(e) of the unfair terms in consumer contracts regulations (1999) "UCTCCR". that provision is specifically applicaple to charges for breech of contract, which does not inlaw include redemption charges since these are not imposed for breech of any contractual obligation.

    It goes on to say that they are allowed to charge for reasonable costs and will only disallow those that a clerly a penalty on the defaulting party (see jobson v johnson [1988 1WLR).

    Is this just a scare tactic to put me off carrying on I sent the lbaicon the day before i recieved it so should i also be sending the letter in response to no breech?

    Similar Threads:
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    Capital one - 13/9/06 -letter asking for statements sent
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  2. #2
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    Default Re: Future mortgages/citi financial

    Yes you do have to prove a breach of contract and yes they can claim their actual costs if you do.

    Also have a read of p.7 here before deciding whether to proceed:

    http://www.consumeractiongroup.co.uk...ensington.html


  3. #3
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    Default Re: Future mortgages/citi financial

    read that one but mines under 5 k so do i need to send that letter about breech of contract?

    HSBC - 11/9/06 - prem letter sent
    19/9/06 - lba sent £3391 requested
    5/10/06 - MCOL
    17/10/06 - offer for £1600 on one account recieved
    28/11/06 - Full offer recieved

    Capital one - 13/9/06 -letter asking for statements sent
    17/10/06 - prelim sent for £640

    Lloyds TSB - 13/9/06 -letter asking for statements sent
    17/10/06 - prelim sent fro £732
    Lloyds TSB - 26/9/06 - prem letter sent - £391

  4. #4
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    Default Re: Future mortgages/citi financial

    If you are happy to proceed. Then yes the letter in response to no breach would be your next step.


  5. #5
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    Default Re: Future mortgages/citi financial

    i am happy to proceed am i understanding right the only thing really i have to loose is the court fee they cant claim costs when my claim is under 5k?

    HSBC - 11/9/06 - prem letter sent
    19/9/06 - lba sent £3391 requested
    5/10/06 - MCOL
    17/10/06 - offer for £1600 on one account recieved
    28/11/06 - Full offer recieved

    Capital one - 13/9/06 -letter asking for statements sent
    17/10/06 - prelim sent for £640

    Lloyds TSB - 13/9/06 -letter asking for statements sent
    17/10/06 - prelim sent fro £732
    Lloyds TSB - 26/9/06 - prem letter sent - £391


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE