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Everything posted by 120805

  1. Ive just been through this with my son. He is 4 and being tested for ASD and also has high sensory issues. What the DLA look for in the application is that your daughter needs more help than that of another child the same age. Clearly she does as does my son. When my son is at nursery the nursery dont have very many problems with him as he is within a routine at nursery. However outwith nursery at home he cannot always be kept in such a strict routine (shopping, days out etc) and our nursery dont see the side of him when hes outwith this nursery routine. We applied for DLA and got accepted first time for middle rate care. We did hope to receive the mobility element as he has severe hypermobility in his legs and still requires the use of a disability buggy. He also has no sense of danger and would run infront of a car without even thinking! But as my son is still under 5 he was refused that part but we can apply for the mobility element later this year and hopefully he will be accepted so we can get him a blue badge. Good luck with your claim and your daugters school xx
  2. Hi, Myself, hubby and kids have craved the thought of owning our own home but lack of funds and poor credit has stopped us even trying. A few yrs on and we now have money (yippee). Unfortunatly we also have defaults galore listed against us both. The defaults will all start dropping off as of next month and in less than 2yrs we will have a clean credit file. We have found a house and have a 20% deposit. What we are wondering is if anyone else with a poor credit history has managed to obtain a mortgage duern the recession? We are about to seek help from a few mortgage brokers and then see if they can find us anything. (no credit checks would be done at this "searching for mortgage" stage) Thanks for reading and any advice would be very much appreciated
  3. Here is the letter we received from First Response in reply to our letter stating they were in breach of law. ..................................................................................................... After concluding our investigation in to the issues that you raised with the collection of your vehicle, I am now in a position to address the points that you have raised. To deal with your allegation that the vehicle has been repossessed against the terms of section 90 of the Consumer Credit Act 1974. Our agent made it clear when he attended your home that he was not there to repossess the vehicle, but to discuss the voluntary surrender of the vehicle to First Response Finance, to reduce you liability under the agreement. The guy turned up at my door, when I was at work at 7.30pm and said "I am here for the car, I have driven all the way from Glasgow and I am not leaving without it" The paperwork that the agent provided you clearly stated this, and according to his statement you read this then asked to take copies of the relevant paperwork for your records. Paperwork photocopied to prove that I did not sign my approval to the car being taken. The statement that we received from our agent also advises that you refused to sign the paperwork as your sister, who is studying law, suggested that by not signing it you would not be liable to make payments towards the outstanding liability following the sale of the vehicle. This is the best one, I am the youngest child in a family of four boys, I don't know when I suddenly adopted a sister, and by law they cannot "voluntarily surrender" my car if I did not sign my apporval to this, She did however advise you to hand the vehicle over to the agent, this you agreed to do, having removed your personal possessions. You surrendered the keys to the agent having removed your possessions, handed the keys to the agent so that he could recover it, and in addition asked the agent to be discreet and not display his orange beacons in close proximity to your home, A request with which the agent complied. I still have the main car key, and the V5 document, the car battery had died so the car was left unlocked, and the spare key was left in the glove box hence why they have one. Yes I emptied the car of my pram and car seats simply because they had made it clear the car was leaving my driveway, with or without my consent. Taking into account all of these circumstances, I cannot agree that there has been any breach of section 90 of the Consumer Credit Act, as at no point was repossession of the vehicle considered, and you were given documents that made it clear that this was a voluntary arrangement. **for the bold text - I quote from a previous letter "You should be aware that should you continue to ignore this matter FRF will have no option but to apply to your local court for a Return of Goods Order." Just to prove that point wrong as well... To take the second point raised in your letter with regard to trespass; and you wishing to seek compensation for trespass by our agent. The agent attended your home address by prior appointment with you. Arranged when your sister phoned you while she was at your address at apporximately 3.30pm on the xxth of ... 2009. The agent had called to speak to you, and when you were not available he asked if you could be contacted, she called you and asked them to call back at 10pm that day, when you would be available. Again...Sister? I made no arrangements and if they came at 3.30 I would have been home I started work 5 minutes away at 5pm, he then parked up outside my home at 7.30 demanding to speak to me to take the car, for shear concern for the opinion of our neighbours my wife advised them to leave and that I didn't finish until 10pm, to put it blunt they were there again before me...he was brought inside out of humility due to his hi-viz vest and loud brash tone not for tea and biscuits as the next paragraph would probably go on to say...but this is not my main focus so not too concerned about the trepassing at this point I am not of the opinion that our agent was guilty of trespass. Trespass, in Scotland is a temporary intrusion without permission or justification, such as entering upon someone else's property. According to the agent, the visit was by prior appointment and you "invited" him into your house in which case the agent would clearly not be guilty of trespass. This concludes my findings on the matters raised. I would be grateful if you could contact etc etc... Yours sincerely FRF .................................................................................................... Anybody have any thoughts on where to go, or any questions to clear some points up, I understand that is a lot of reading, so thanks for taking the time to help.
  4. Credit report marked as 6 payments late (yes they are still adding on the months even though the car has gone) but they have NOT defaulted me.
  5. Time for a little update. Nothing looking too good just now. We sent our prelim letter months back and First Response (HP company) kept sending letters asking for extra time to respond whilst they investigated the matter. Eventualy got their response about 2 weeks ago basicaly stating that the vehicle has not been respssesed that we had voluntarly surrendered the vehicle. The car has been sold by the HP company and they are now asking us for the remaining balance to be paid. Infact I got a letter this morning from First Response saying that they will be applying to my local court in order to get the outstanding balance paid. I feel that I did not voluntarily surrender my car as I never signed anything to say that I agreed to it being taken. We have paid over a third to secure our investment and now we have nothing to show for it. Ill check my credit report today and see what First Response have done on that and I will also post the letter that was sent to me stating that the car had not been repossesed but that we voluntarily surrendered the vehicle.
  6. Hi vtrn, Well done to you for managing to get some debt written off! Any chance you could PM me the letter that you are using for that? Would like to give it a try myself as ive got an old mobile phone bill that am getting nasty letters about. The bill is 4yrs old and I really cant afford it.
  7. Time to start preparing my LBA. No surprise we havent heard anything back from First Response. Would it be okay to use the LBA in the templates library and amend it to suit?
  8. 8 weeks!!! some hardship process...lol What is the other route?
  9. Hi I was wondering how long do I have to wait for them to respond to my hardship claim? Thanks
  10. Letter was received at bank on the 24th June so time to start counting
  11. Just wondering if maybe you could sent a CCA to Credit Resource Solutions? I dont know if payday loans are covered under the cca maybe someone with better experience could advise?
  12. Hi vtrn, I just wanted to wish you the best of luck and trust me when I say your in very good hands on this forum. I am in a similar situation as you and the CAG group made me realise that debt was not worth loosing sleep over. Please try and stay positive. In this current climate with you being unemployed and you not owning a house, really a creditor cannot do very much. I think this has been a rough year for many of us financialy. Chin up because now things can only get better
  13. I wrote letter to the bank (used the template in library) and filled in the expenses sheet. Am currently very close to -£700 a month short on covering our bills etc.....scary. No wonder am stressed!! The letter will be in the post by recorded delivery tomoz. Thanx for everyones help so far.
  14. Thanks for clarifying what the option purchase fee is. If you manage to speak to any of the judges that would be great for myself and everyone in a similar position. Thanx I love the help on this forum it really is addictive when you start reading through all the threads (in a good way) x
  15. Ive wrote my letter, just filling in expenditure form. Does anyone have the address for HBOS that I should be sending this to?
  16. Hi yourbank thanks for getting back to me. The account was only opened in 2003 so all charges being claimed are going back to that date. I will have a look over your links just now. I need to go to the post office tomoz to send a letter off about my car being reposessed with no court order so I would quite like to get a letter off to the bank at the same time.
  17. Hi, I was wondering if it would be worth my husband and I applying for a hardship case on our charges? Like everyone else our charges claim is on hold. My husband lost his job at xmas and has never managed to find any work since. I am a full time housewife (we have 3 little kiddies). At this moment in time we are not in Rent arrears but thats because we have had a college bursary coming in every month which has just covered the rent and we have used our tax credits to pay for food, gas, elec ect. My husbands college course has now ended so our only income now is our tax credits. I dont have a clue how the rent (£500) will be getting paid at the end of this month. We have sold everything we can think of in order to pay for previous months bills. Our car has been reposessed and our gas and elec has now been put onto pre payment meters as we couldnt pay the bills. We are in massive council tax arrears to which we are supposed to be paying £30 a week on but we cant afford it. Our bank charges claim was for £2414.72 (not including the interest). With that money we could pay our rent, sort out our council tax and buy a cheap car to make finding work a bit easier. It would also be nice to have some money for my kids b'days and xmas. My youngest turned 1 in April just past and I felt awful, he barely had any presents and we couldnt afford to take him anywhere to have some fun for the day. My eldest will be turning 7 this Sept and like every other girl her age she wants a party! I cant work out how am buying her a b'day cake let alone any presents or a party! Any advice would be great, thanks guys:)
  18. Ive written a prelim letter for First Response (car finance company). Could someone have a read of it and let me know if its okay to go? Dear Sir/Ma’am, I would like to bring it to your attention that you have unlawfully repossessed my car. As set out in the agreement and I quote “If you do not keep your side of this agreement but you have paid at least one third of the total amount payable under this agreement, that is £2398.51 we may not take back the goods against your wishes unless we get a court order. If we do take the goods without your consent or a court order, you have the right to get back any money you have paid under this agreement.” I have paid £2725.92 which covers the third needed to protect my investment. You never obtained a court order to repossess the car. I would also like to advise you that the vehicle was removed from my driveway at my home address without my permission. This is trespassing to which I expect reasonable compensation for. I would like to receive a full refund of all monies paid by myself which amount to a total of £2725.92 and reasonable compensation for trespassing onto my private property. If I have not had a satisfactory response from you within 12 working days from receipt of this letter then I will sent you a letter before action. If you do not respond to my letter before action then I will issue county court proceeding where you could be liable to court costs and interest. PLEASE DO NOT IGNORE THIS LETTER THE PROBLEM WILL NOT GO AWAY Yours Sincerely 120805
  19. Well I still dont know what the purchase fee is but it is to be added on to the final instalment so it doesnt concern me seens how I never made it that far.
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