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  1. hi, the original contract did mention a cancellation fee of £180 in the event that the seller (ie: us) cancelled the contract. My beef with them is that they could very easily sit back and wait for their £180 knowing full well that the client wont accept only have a couple of viewers in the 8 week period and go elsewhere to another estate agent.. thanks for your reply, and hope to hear back from you. Regards Tom
  2. Dear all, i hope i am in the right forum, if not then if someone could let me know, thanks. Anyway, here is my question: My wife and I put our property on the market for an 8 week sole agency period with a well known Estate Agent earlier this year. Over this 8 week period we had 2 potential buyers who visited our property, not exactly a high number! Anyway we eventually wrote to cancel our agreement at the end of the eight week period, when they then told us we need to pay a cancellation fee of £150. I wrote to complain and ask them to give us a list of clients they introduced to our property. This was vital as we were intructing another agent and didnt want to be in a situation when they demanded a payment for someone they claimed had been introduced previously. Do we have a right to ask for this information? i didnt want names and addresses just enough information so we knew who they had introduced. also, we are fighting the need to pay £150 as we feel over the eight week period we had very litle buiness from them,and they were just sitting back waiting for their £150 at the end of the period. any advice gratefully received. thanks Tom
  3. hi all, i have recently received a credit agreement from Cabot (relating originally to a Citi card). it took Cabot about 12 months to find and send me the credit agreement together with previous statements and a statement of account. A couple of points: 1. I note that Cabot have continued to add interest on my account even when it was under dispute due to no CCA. Its onlyabout £20 a month but over a year it adds up to a lot. 2. There are 2 credit agreements, dating to mid 2004, the earlier one has the wrong address, the 2nd has the right address. Is this an issue? clearly i didnt receive the first agreement as it went to the wrong address. 3. Neither agreement is signed, but i cant remember if Citi Financial was electronic agreement back in 2003. Does anyone know if it was ? Thanks for any help. Luce.
  4. Dear Forum, I have been doing some search on this site and the wider web for information on Charging Orders on a previously unsecured debt. The original debt, from a credit card, was in my sole name. The mortgage on my property is jointly owned by my wife and I, The DCA got a CCJ on my property back in 2004, The DCA then got a charging order on my property, I didnt challenge the charging order at that time buried my head in the sand i am afraid , I have numerous old debts, the vast majority are being paid back with regular payments, The debt in question above I completely forgot about and havent paid anything on since 2004, I am happy to start a repayment plan dont want to acknowledge the debt unless i have to incase it is statue barred. I think it probably cant be statue barred as it already has a CCJ and CO on it. My question is, after looking at numerous sites an posts, it seems that the charging order can only be a restriction if the original debt was in a sole name and the mortgage is joint. All we need to do is ensure our solicitor lets the DCA know 14 days before the sale goes through ? Does anyone know if this is true ? We are thinking of selling our house and dont want the DCA get their money if it can be helped. If they cant, ie: because the mortgage is joint, then i will start a repayment plan. Many thanks for all your advice. Streetgang
  5. Thanks D, yes unfortunately I just didnt defend it....stuck my head in the sand and hoped it would go away, which it didnt of course. We are hoping to move house in the next yr or so so they may get their pound of flesh then. Sounds like i need to start paying them back, albeit probably no more than £30 to £50 a month as i aready have a lot of outgoings. Thanks again, much appreciated.
  6. Hi All, i had a credit card which i took out in 2000, due to my own stupidity i let my finances get completely out of control and the account was defaulted in july 2004. it was subsequently bought by a debt agency and they applied and got a charging order on my property. i have really tried hard to get my credit score sorted out and everything is being paid back, or so i thought. anyway, my question is, is this debt still enforceable?, the default was in 2004 and this is now off my credit file, it is however subject to a charging order so not sure if the 6 yr statute still stands ? note i havent paid anything on the account since 6 yrs ago. thanks for your advice.
  7. Hi Forum, I have a default with RBS which defaulted in 2004. I have been paying back regularly for the last 5 years but on checking my credit report it doesnt register any payment. Under status history it says 8, which means: The account is in 'default'. You failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended. Is there any way to make sure that my payments are registered with Equifax and Experian in some way ? The default is suject to a CCJ and RBS Credit Services in Telford are administering the account for me. Thanks for any advice.
  8. Thanks for your replies, have sent them a letter detailing what you suggest. cheers SG
  9. Hi all, i have taken out a loan with a well known company who deal in subprime mortgages. The loan has been running for about 6 yrs and has no arrears. The company has recently started ringing 2 or 3 times a day (when my partner are out at work mostly) asking for us to ring them so that they can "update their personal details on us". This may seem a bit petty, but can they legally seek this information from us? its not like we are in financial difficulty and i am really loathed to give these guys any more information on us than we need to give. Let me know if this is the wrong forum, otherwise thanks for all your help. S
  10. hi all, and thanks for your comments and advice. It is a judgement that was made against me a couple of years ago, when I am afraid to say i was burying my head in the sand. I am already paying back small amounts on all my debts, this is one that I had totally forgotten about.....I will send a request for the CCA and that might put me in a better bargaining position. Could they say however that they had the CCA when the took me to court and subsequently cant find it ? and if so, would that be legal to do so? Many thanks again, S
  11. Evening all. I recently received a letter from a well known DCA regarding a very old credit card debt that I once had. At the time my credit card balance(s) increased and increased and I didnt know how to handle it, in the end i just stopped ignoring the letters and the phone calls and then ignored the county court letters and judgements - not something i am proud of, but it happened, i just wish i had grown a pair and stood up to the collection agencies then. Anyway, some time ago they took me to county court and got a judgement against me. They are now pursing the debt. What I need to know is there anything i can do once the county court claim has been made? ie: Should i ask for a copy of the CCA signed agreement ? (i doubt one exists as these companies just buy them up in bulk without proper documentation). Or does it not matter that they dont have the agreement now? They have asked for a financial breakdown of my income and outgoings but i want to ensure i am in a stong a position as possible to challange them and perhaps offer a lower repayment. They also way that i must provide proof in terms of bank and building society statements and utility bills. Is this legally binding as surely these are covered by Data Protection rules ? ANy help gratefully received. thanks Streetgang.
  12. Hi all, I have a question regarding a debt I have. I took out the debt with a finance company back in 2003 and almost immediately had difficult paying the amount due - mostly due to sticking my head in the sand rather than facing up to things. I almost had other debts (not secured) that were also in arrears. I am glad to say that the majority of my debts are now under control, some infact have been removed completely as the DCA couldnt provide the relevant CCA after buying a debt without under paperwork. Anyway, the secured debt is for around £30,000 and secured on the property. Can I still try and reclaim the charges ? (which are currently £10 for an automated letter and £20 for a 15 second phone call in the middle of the day when they know noone will be in). The charges amount to around £200 over the 6 year history. One final query, can it be right that the firm charges >£500 for solicitors fees when the solicitors seem to be a part of the company itself and do not appear to do any outside work other than for the finance company ? All help gratefully received. Thanks Chris
  13. Thanks Steven, that is helpful. From what you've said, i can only really claim that i have paid £100 over that i should have done? Disappointing, but i see your logic works. Thanks again.
  14. Hi al, thanks for a fantastic thread. I am still pursing a claim against Welcome, specifically i am refusing to pay the penalty charges to the account, and i am questioning the legality of them charging interest on the original credit. I am slightly confused about some of the comments posted on pages 8 to 10, which seemed to suggest that the "acceptance fee / disbursal fee" is legally legitimate when added to the amount of credit given ? In my case, the figures are: Total case for goods: £5,400 Less Deposit: £100 Amount of credit: £5,300 Acceptance Fee: £150 Finance Charge: £2,615.92 Total Charges: £2,765.92 Total amount payable: £8165.92 At 24.8% APR Payable at £168.04 per month. Can anyone tell me if these look correct / legally enforceable? Thanks for your help. I realise this is an old thread, but hoped someone can answer me. Streetgang.
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