top man and very funny

Comic Michael McIntyre refuses to perform for debt collectors and loses £28k fee - mirror.co.uk

Michael later said he would never have agreed to sign up had he known what the firm did.

It makes its money buying bad debts from banks and credit card companies and chasing them up – last year it made a profit of £13million.

Michael recently said: “Four years ago I was £40,000 in debt – credit cards, loans, all that, with no assets and often no way of actually meeting the rent.”

His spokesman said last night: “Michael was in debt himself and has a conscience, especially at this time of year.”

Cabot Financial were unavailable for ­comment.

I'm also on 6-monthly assured Shorthold Tenancy but also on Income Support/Housing Benefit at the moment. In September 2008, our local council switched their system to new rental levels called LHA (Local Housing Assessment). Our rent benefit due went up to way over what the actual rent was!!!

 

Now we have a renewal letter for April (yes, it must be 2 months to give notice of moving out or rent increase!) but our rent will go up 7% to just under the LHA level:eek:

 

Word is that private landlords have had a whisp of these new levels.....

Hi

Thanks for your comments

My rent is well above the LHA and im not claiming any benefits..

thanks for confirming 2 months notice

Scott

This is an assured shorthold tenancy. If, at the end of the 6 months (or whatever term is on your agreement ) you don't leave, then the landord has to take legal action.

 

Now, a clever landlord would have served you with a Section 21 Notice of Seeking Possession 8 weeks prior to the date the tenancy ends (if he wanted you to leave and knew he was going to ask you to leave). Have you received such a document from him? If so, check the dates. He has to give you a clear 8 weeks notice. (or 2 months).no documents served on us

 

It sounds to me that the landord was hoping you would stay and pay the higher rent, therefore may not have served you with this document. If so, that's his problem! ( He is struggling to pay the mortgage i did some work for him and his cheque bounced £3200.00 he has now paid me in full) He must now give you 8 weeks notice, andif you don;t leave he has to apply to the court for possession. (This will cost YOU £150) He will be granted this, it is his right. You can ask the court for up to 42 days extra for hardship cases. If you don't' leave by the date the court states you must the landlord must get the bailiff's in. (Again this will cost YOU £95)

 

So, when you see him say when are you going to serve me my S21 NOSP? You really do not have to budge until the steps described above have happened - gives you plenty of time to find somewhere better to rent.

He knows i can afford the rent increase,so i think HE IS TRYING IT ON...

thanks for your help

Scott

hi guys

hope someone can advise me on the following

im renting a property that was originally on the market at £1100 PCM,through haggeling with the property owner i got the rent reduced to £960 PCM on a 6 month agreement which finishes at the end of FEB 09

The landlord has told me he is going to increase the rent to £1120 pcm, i've told him to shove his rent increase where the sun dont shine...

The property is nice but only worth approx £850 ish compaired to other similar houses...........

The landlord has only given me 1 months notice, which i think is too short a notice..............

I did tell him when we moved in i was looking for 12-18 month stay,which he assured me would be fine.....

He has just built another house and is going to rent that out and has had that valued at £800pcm (my prop is same but with 2 extra bedrooms in the loft)

The agent told him he could get upto £1200PCM for this property hence him trying to increase my rent... (nob)

Ive always had a good relationship with him until this episode last week...

We are going to rent somewhere else but 4 weeks is very short notice....

Why are some landlords absolute nobs with no business brains whatsoever....

Ive been told that he should give me 2 months notice can anyone confirm this please

thanks for any replies

Scott & Family

and here

BBC NEWS | Business | Egg fined over insurance sales

Egg fined over insurance sales

Egg has apologised to customers who have been affected

Credit card provider Egg could face a compensation bill of millions of pounds after being fined by the City watchdog for insurance mis-selling.

The Financial Services Authority (FSA) said there had been serious failures in Egg's sales of credit card payment protection insurance (PPI).

The company, fined £721,000 by the FSA, will face a bill of £1.67m for every 10% of customers who want a refund.

Recently the FSA has been strong action in relation to PPI mis-selling.

Alliance and Leicester was recently fined a record £7m for putting pressure on customers to buy PPI they did not want or need.

Problems

Failings were found in around 40% of telephone sales of credit card PPI at Egg between January 2005 and December 2007, according to the watchdog.

We are taking the matter very seriously and would like to apologise to any customers who have been affected

Egg spokesman

The pitch was made when Egg received a customer services call, or when it was making a sales call to a new customer.

Sales staff were told to over-emphasise the positive features of the insurance and in some cases applied PPI to the credit card without a customer's consent.

Margaret Cole, director of enforcement at the FSA, said Egg was likely to pay "substantial compensation" to customers.

"All firms must ensure that customers are treated fairly when selling PPI and if a customer does not want PPI, they should not be pressured into taking it," she said.

She was particularly critical of Egg for failing to admit to problems when heavy fines were being handed out to other firms and the FSA was making clear the need for action on PPI mis-selling.

Apology

A spokesman for Egg said: "We are taking the matter very seriously and would like to apologise to any customers who have been affected."

The Derby-based online bank will contact 106,000 customers with PPI, giving them the opportunity of reviewing whether they want or need the insurance. It will refund customers where appropriate.

This insurance covers repayments on loans or credit cards if the borrower is unable to pay because of loss of earnings caused by accident, illness, unemployment or death.

About 13 million products have been sold by a variety of providers in the UK, but consumer groups say millions of people have been mis-sold PPI in recent years.

The FSA has been carrying out a high-profile campaign of policing the industry, penalising 19 firms and handing out hefty fines.

The Competition Commission published proposals to tighten up the industry in November.

It said that in 2006, of the £3.5bn of the insurance sold by 12 largest sellers, £1.4bn was "excess profit" for the banks and institutions that sold the policies. The Commission is proposing that there is a 14-day cooling off period before the provider of the loan can sell PPI to that customer after identifying the timing of sales as an issue of concern. A range of other proposals included a ban on policies that added the cost of PPI to the total debt, and an annual statement to allow people to review their policies and switch if they thought they could get a better deal elsewhere.

where is the original CCA template letter???

i think it needs to be ammended by a site helper or mod.....

So i dont know whether it has been done

Regards Scott

The offence no longer exists.

Sorry could u clarify this point please ...

are u saying that after the 12+2 days the lender does not have a further time limit and they do not commit an offence

I have read loads of threads which gives confliciting info

Can someone give me a link where i can check this please

Scott

excellent letter.......

so using this request u dont have to send 2 seperate letters........

It all looks ok to me!!!!!!!!!!!!

Regards

Scott

The Loan Company

Company House

Anytown

Anywhere

XX1 0XX

Dear Sirs

Ref: Account No 1234567890123456

This letter is a formal request pursuant to [s.77-(for a fixed term loan agreement)/s.78-(for a credit card agreement)] of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation that the Act requires you to provide.

I expect you to comply fully and properly with this request within the statutory time limit. You are reminded that, should you fail to comply with this request, the provisions of [s.77(4)-(for a fixed term loan agreement)/s.78.(6)-(for a credit card agreement)] will apply.

If it is your view that you are not the creditor, s.175 of the Consumer Credit Act 1974 applies in the case of a simple assignment, and places a duty on you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 is clear that an assignment is both of rights and duties.

Your attention is drawn to ss.3, 5(2), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008.

I enclose a Postal Order in the sum of £1, which is the statutory fee. Note that these funds are not to be used for any other purpose.

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before the matter enters into default. If you are unable to reply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit, and return the fee.

If you are unable to comply with this request I will automatically consider you to be in default when the statutory time limit expires. And as [s.77(4)-(for a fixed term loan agreement)/s.78.(6)-(for a credit card agreement)] states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement

and

(b) If the default continues for 1 month he commits an offence.

Please note that, should you be unable to comply, you may also consider this letter as a statutory notice under Section 10 of the Data Protection Act 1988 to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must then, within 21 days, provide me with a detailed reasoning behind your continuing to process my data. Note that it is not sufficient to state that you have a “legal right”; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. For the purpose of clarity, I will expect the 21 days to begin at the end of the 12 working day deadline for this request.

Should you not respond within this timescale, I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a properly executed credit agreement is a very clear dispute and as such the following applies:

· You may not demand any payment on the account, nor am I obliged to offer any payment to you.

· You may not add further interest or any charges to the account.

· You may not pass the account to a third party.

· You may not register any information in respect of the account with any credit reference agency.

· You may not issue a default notice against the account

Consequently any legal action you pursue will be averred as both unlawful and vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. I reserve the right to report your conduct in this matter to any such regulatory authorities as I may see fit.

I would appreciate your due diligence in this matter.

Yours faithfully

(Print name, don’t sign) send recorded delivery.

Hi all

Ive written a revised CCA request any comments on how to improve it further would be welcomed

Please note the old CCA request stated S77 (6) which was incorrect so i have amended it to S 78 (6)

Regards

Scott

this is what you need to send FOR A CREDIT CARD AGREEMENT

Your Address

Your account no

Dear sir /Madam

This letter is a formal request pursuant to s.78 (1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78 (6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order for the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

MR O.N.OTHER

Do not sign just initial

Send recorded delivery and keep all proof

Hope this helps

Scott

To clarify:

 

the clause that says that an agreement cannot be enforced whilst the creditor is in default on the CCA request (s77(1) or s78(1)) is

 

77(4) for fixed sum credit

78(6) for running account credit

 

If a letter says anything else, it is wrong.

 

In both cases, the bit that says an offence is committed if the default continues for more than 1 calendar month has been repealed.

hi Steven

I agree

It would be ok just to say S77/78

But there is no 77 (6)

so the CCa requests do need to be ammended to state the correct section(s) they u r asking them to comply with.............

Any comments welcome

Scott

Oh goodness this has totally confused me now. I have just printed off a CCA letter to CSL for my Barclaycard. Does this mean the letter is wrong??

In my opinion YES

Just change it from S77 (6)

TO

S78 (6) (as its a credit Card agreement)

Hopefully someone will clarify this shortly

Scott

77(4) is for a fixed loan IE bank loan

Scott

there never was a 77(6) it appears there is confusion between 78(6) and 77(4)

thanks

thats what im trying to point out

Scott

thanks for your reply CCM

My point is there is no 77 (6)

so surely the cca letters need to be ammended !!!

It should be 78 (6) Credit Cards Running Account

Regards

Scott

hi all

Doing some research and cant find CCA S77 (6)

As far as i can see it should be the following

Credit Cards Running credit should be S78 (6)

Fixed loans should be S77 (4)

Doesnt this mean that CCa letter is wrong as there is no S77(6)

Apologies if im wrong

Regards

Scott

hi TC

Ive just found your thread

keep your chin up,,my story is very similar to yours i went BR last week as well ive been paying £1500PM IVA for 36 months ive struggled to make the repayments as ive lost 50% of my buisness turnover because of the credit crunch (Building related )

Ive spoke to 20ish people who have or are in the same position as we are ,they all have no regrets and said there only mistake was battling to long,working to hard. and not going BR earlier.........

12 months isnt long !!!!!

one door shuts another better door opens

Good luck

its only money

Health is far more important

Many regards

Scott

hi all

many many years ago when i purchased a house i had to take out a mortgage insurance in case my house was repossesed....................... can any one remember what this type of insurance was called.......

The house was repossesed with a deficit of £27 k after it was sold in an auction........

The mortgage co got the difference from the policy i had paid for.......but then the insurance co chased me for the money (am still paying it today) this happened in 1989....................

Could i reclaim this !!!!!!!!!!!!!!!!!

thanks for any replies

Scott

Hi can anyone help. Is there a maximum amount you claim for throught a business account in one go. I am trying to claim for a total of £8,000 which includes interest. Or shall I split it into two claims. Although I have all the data, I have not made claim yet. Coz I was thinking about the final outcome at the court.

So to summarise.

1. IS there a maximum amount you can take throught the small claims for a business account. Is it the same as a personal account i.e. £5,000.

2. The claim is with HSBC and I have not included any overdraft arrangment fees,overdraft interest, or stopped cheque charges.and I know that I wont be including the 8% interest charges at this stage, as I believe this comes within the court claim amount - like the costs & interest must be a maximum of £5,000 with a personal account. Please can someone help am I right here please? I'll donate to site when it comes throught. Thanks

Hi i reclaimed £36,000 successfully from nat west this year..........so if anything u will probably be put on the fast track court system which is a benefit 2 u...........

My claim was 1 claim and not split in any way........the downside is if you loose the case you are liable to the defendants costs very unlikely u will lose...........if you follow the cag way

Scott

CI thrown out !!!!!!!!!!!!!!!!!!

wow

so i assume every one has dropped the CI and sticking with the statutory 8% then (not to be sniffed at tho) better than saving with a building society...............lol.....

all these years i didnt know nat west were keeping my money safe.....then they give u loads of interest as well.........nice people eventually....wished they told me at the time tho.......(we will take £500 a week from u for 2 years then 6 years later we will give it all back) as nat west say there is another way.......yeah DONT TAKE OUR MONEY...

a reverse saving scheme i think........they take it, we have to find it ...bank charges bingo

scott

hi hedgey parky steve

i havent been around much lately,been very busy at work key staff on holiday etc............

have i missed much?????????????

im assuming nothing has changed in the last 6 weeks so bear with me while i get back up to speed..............

any news on pre 6 year claims as i have 2 months i wish to claim on my bus account ( £4k + 8%)............

keep up the good work

scott

hi juson

dont panic........

weve all been where you are.......you will win ............so stay calm......wait until u recieve the defence and then if u need help post on here and someone will help you......

people have loads of experience so dont worry

scott

hi guys

just to let u know ive just had £509 paid into my personal account, sent LBA on the 13th may then went on holiday came back for a week then went on another weeks holiday, so i hadnt bothered filing at mcol, i recieved a letter from MR Wigley offerering a full refund which i accepted........

How easy was that after my last case...........wow

Seems they pay out quickly on amounts less than a £1000

Good luck all

Scott

have another holiday i suppose lol

cheers nat west

lol