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alexifa

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  1. Hi guys, My wife and I rented a house on 14th August 2008. We paid 6 months up front and £650 deposit. This was always going to be temporary, we were in the process of buying a house but delays meant we needed somewhere fast when we left the old house. After only 4 weeks, on the 10th September, we moved out to be nearer my wifes parents. My wife was 8 months pregnant at the time and whilst I was quietly fuming inside at the wasted money I was left in no doubt that I either complied with my wife's wishes or I lived alone. So I accepted that we would lose some money and would have to find someone to take over the tenancy. I contacted the landlord and tried to negotiate getting some rent back - I asked for three months back plus my deposit. He declined as was his right and I don't begrudge that. He said if I vacated the tenancy he would find someone else and pay me back the rent from that point on. I agreed and vacated the tenancy on 1st October 2008. So, jump forward to 14th February 2009, the date the original tenancy would have ended. The landlord did not find a new tenant and when I visited the premises in January I noticed he seemed to be using the place as storage for old bits of furniture and boxes. I don't believe he made any effort to find a new tenant. Also, he is refusing to repay my £650 deposit. He claims it is gone on cleaning costs and electricity which is a complete fabrication. This guy's character is such that he thinks he can do what he likes, regardless of the law. I would like advice on 2 matters: 1. The deposit I paid was not registered with the Tenancy Deposit Scheme. I believe I can file an N208 form at the county court and claim repayment of my deposit plus 3xthis amount. Is this correct? 2. I believe the landlord had a duty to mitigate the losses from me vacating a 6 month contract after only 6 weeks. Am I able to pursue him for failing to mitigate the losses incurred here? Help very much appreciated.
  2. Hi a184, I used the following paragraph in my letter to them: Additionally you have placed a default marker on my credit file with Equifax. This default occurred either as a direct result of your unlawful charges or was due to impecuniocities caused by your unlawful charges. I would like this removed. Marking it as satisfied is not acceptable. In my particulars of claim I just stated "Removal of adverse data from my credit file" as one of my requests. This has worked three out of three times. Good luck
  3. Hi Walker 1. The banking SAR template will be fine. 2. You don't need a template. Just a simple letter with a large heading "COMPLAINT" stating that you beleive you were mis-sold the mortgage and endowment as the financial adviser stated at the time that the endowment maturity amount was GUARANTEED to at least cover the outstanding mortgage. This letter will put you in the hands of the compliance officer at the firm who is then obliged to take you through the complaints procedure. 3. In my opinion there is no way of going after Clerical Medical for more money because the payout you received is calculated using a strict formula that is actuarially worked out to give you a fair value based on the performance of the fund. Unfortunately this fund has performed particularly badly. Your complaint can only be to the financial adviser that sold it. Good luck and let me know how you get on.
  4. Where's the flaw? What I'm saying is that their license does include the ability to buy consumer debt. A sole proprietor is still a business. What a DCA can't do is buy a debt off an individual who is not running a business.
  5. All that this means is that they can only buy debt from a registered business. They cannot buy a debt from an individual. They can still buy consumer debt from a business.
  6. The first thing to do is write a letter of complaint to the financial adviser that sold the endowment. They will reply and send you a leaflet detailing the way forward.
  7. Send an SAR to HSBC and claim the charges back. Just like you are doing with Lloyds
  8. Bailiffchaser The charges that you claim back from a DCA may be commercially sensitive but you DO have a right to ask them to break it down to support your case that they are unlawful. But what they pay for the debt has no relevance to any claim you make for unlawful charges so you do NOT have a right to get an answer.
  9. I doubt they will settle for £12k until you file at court. But why would you settle for less than the full amount?
  10. You can claim unlawful charges from a DCA like the banks. However, the amount they paid for a debt would be classed as commercially sensitive information and you have no right to ask for it. It makes no difference to you how much they paid anyway, except that you would know how much to offer to settle it. (That's why they wouldn't tell you)
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