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medievil2003

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  1. Thanks DX! So my reply would be wrapped around that - do you think this is enough to force them to remove the default?
  2. After a long few years of many stresses, I've just got round to checking my credit file which i knew was going to be bad but didn't know a default was on there from British Gas. I have contacted British Gas and filed a complaint on the basis of never having received the default notice, they replied quite quickly within 7 days attaching a copy of the said default notice for my reference, i am very organised with my paperwork and have genuinely never seen it before. The focus question i would like to ask, is whether the default notice attached is in the correct format a creditor is required to send it in? I've got a copy of another default notice from a credit card (paid before they applied it) and it references "....the consumer credit act of 1974" whereas this British Gas isn't the same - does this give any warrant and fight for me to reply saying although the letter wasn't received, i wasn't given the correct notice of default even if it was? Thank you. Done a bit of digging on Google, i have learnt that a default notice should comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) in particular schedule 2(2) points 1-11 which sets out the statutory form that a Default Notice must follow for it to comply with S87 (1) Consumer Credit Act 1974. In my case there is no bolded header with the title 'Important you should read this carefully' 'Default notice served under section 87(1) Consumer Credit Act 1974'." I would therefore assume in this early stage that the so called default notice attached failed to comply? What are your thoughts? Default Letter.pdf
  3. Yeah i was paying it off then borrowing more, until the debt including other payday loans caught up on me. I was really surprised that they accepted to lend me to money because my credit file was in still in a mess.
  4. I complained to a lender about not carrying out the proper affordability checks, there was a balance at the time of around £600 - the complaint was upheld in my favour and they agreed to redress all of the interest paid plus 8% but are telling me i need to pay the principal balance of £300 which is the amount borrowed without any interest. They continue saying that if i do not accept this response and organise a way to pay, then the whole will become payable. Adding that any adverse markers on my credit file will be removed (this hasn't happened yet and the complaint was upheld in Feb 2020) but not if i don't accept. My questions are: 1. If they have upheld and agreed that they shouldn't have loaned the money as an irresponsible lender, shouldn't the debt be wiped? 2. Any adverse credit markers should be removed regardless of me replying or confirming that i accept their terms? I feel like it is a tactic for them to at least get something back from me... My ignorance presumed that if they agreed with my complaint then i should be back in the position before they even loaned the money to me... Thank you
  5. I've had a car under lease now for 2 years and 6 months with the lease expiring on the 24/07. The car has been in repair with the main dealer local to me for 3 months of which in that time I've had 2 courtesy cars from the dealer. The car has minor body damage and alloy wheel damage, which i always had in my mind to repair at least 2 months before the lease finishes. I got quotes etc all which gave an estimated time from booking to completion of ~1 month. My question: The leasing company are chasing me to book an inspection on the vehicle and no matter how many times i have told them over the past month that it's in for repair, that was ignored until a few days ago. Now they're telling me i have no choice but to get the repairs done with them which in turn can cost me more money, but now, finally taken note that it has been in the main dealer for 3 months +. They're asking me to get the dealer to email them with an update every week but with the lease expiring in 3 days of writing this, what happens when the lease expires and it's still in for repair? Do i still have a legal responsibility for the repairs? and should i be given rights to find my own repair company even though the lease will expire? I cannot take the car out of the dealers as per their advice. Plus i wouldn't feel safe driving it seeing as it just randomly loses power when turbo cuts out. Lastly, my original lease contract was for 24 months but i extended it another 6 months, i went way over my contracted mileage but increased my direct debit to cover the additional mileage and more. Now, because the car has been in repair for 3 months and is on 28,000 miles i have already paid for 32,000 but should i be taking this loss of the over-payment seeing as I've not been able to use the mileage due to the lengthily repairs? It only benefits the leasing company as the car would be worth more to them and taken money from me. Thanking you in advance.
  6. oh no, this is definitely not as it came directly from the person i had complained to with their email signature.
  7. After an email to the council saying how their excuse is stupid and that i will be seeking legal advice, they responded which i do not fully understand "Your enquiry is being dealt as incoming correspondence and case now on hold. A response will be issued within 56 days via post." Maybe this means they're taking it seriously now?
  8. So how things have progressed, ever so slightly... I've spoken to Royal mail and they've confirmed that without fail, a sticker or writing will be on the envelope to enable the sorting office or post office to know where and why to route it back. A letter is being sent out from them confirming this. Now, i asked the council again if nothing is on the envelope which they confirmed, but with a broad and sarcastic argument of reply stating we do have a returns address on the bottom left side of the envelope. To which i replied, how would the post office know to send it back to you then. Even if the letter was posted to the wrong address, if they put it back in the post bos surely the post office would send it back out to the address on the front of the envelope? It seems like both the council and lease company are not willing to do anything further but this is not right or fair, both the council and lease company are happy because they've been paid. Can i still raise this to an adjudictor if it's been paid? The council said the matter is closed because payment means accepting liability.
  9. Hi Jamberson, good evening and thank you for your reply. I have spoken to the leasing company today, informing them of what the council have said and they'll investigate - not holding my breath though! Slight change of subject but still relevant, when a letter goes through the return to sender via royal mail, do you know if the envelope will be stamped or similar to say this? I ask because the council sent me a scanned copy of the letter which on the 2nd page is a scan of the envelope, but it's plain, nothing mentioning return to sender.
  10. Hi guys, good morning I have a lease car and got a parking ticket which I promptly appealed, I never heard anything back from the council. It was only until the lease company send me an invoice for £295 that i realised something is wrong and i took this up with the council directly to find out why they never send me the rejection notice. The lease company have paid the council. They replied saying that rejection notice was sent back to them as "returned mail", this is impossible as I get all types of letters come through and even various from the same council. Aside to the obvious of me arguing that I never received the letter, what grounds of arguments do I have? I suspect the council will say they will not refund just on that account. Your advice is appreciated, Many thanks Mehdi
  11. Thanks again. What will happen if they ignore his request or refuse to do so? I am only concerned that it'll get to the CCJ 30 day payment period. Would my father need to file a defence if he gets no response from them?
  12. Many thanks for your quick reply. I shall pass this over to him now to handle.
  13. My father appointed a contractor to do some work on a boiler in a hotel that he does property maintenance for, there was a dispute between him and the contractor and the invoice they raised was to my fathers company. The claimant being the contractor has issued a claim form but in the name of the hotel company name as the defendant. This should be my fathers company. What do i need to do? Thank you.
  14. There was no business setup at the time of wanting to order the goods and paying the deposit, the suppliers have to put a name in the order, company or not. They've not ordered anything, as mentioned in an earlier post they've not argued the deposit is non-refundable because of ordered goods they're saying it's taken to cover administration costs. Why would it make a difference whether the supplier is left "hanging" for another year, there's no admin costs to hold my money, let's say £10 per email they send me? That's the only clear loss but are all part and parcel of a sale? If I was to walk into a car dealership, spend hours in there then asked them to draw up the paperwork, decide I don't want the car and leave, will I be expected to pay for the admin charges!? I think not.
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