HF are part of Robbers. They can advise their clients all they like - there is nothing they can do if there is no debt. I'd phone the bank and ask them what they are playing at.

I didn't go down the rescission route because the poster has not written to accept the repudiation of contract. In my view the charges alone will make the claim invalid.

I am not a lawyer but that is the way I would go. Claims in court must be both lawful and accurate and it isn't accurate with all those charges. As for the DN, it is for them to prove they sent one.

They don't keep copies of Default Notices - they do them on templates. Your defence in court is that you didn't receive a DN and you put them to strict proof of postage that they sent one. You can also state that the amount claimed is inaccurate as there are unlawful charges on the account.

I bet they will be really worried that they are going to be frowned on.

Ask for them and you don't have to pay £10 again. Tell them that information was missing and you request it to be sent to you as soon as possible. If they don't send it you can make a formal complaint to the Information Commissioner.

Kilkenny, good for you. Let him have it with both barrels.

He is listed as inactive on the FSA register so he is not authorised in any sense. And yes - it is the application for the mortgage he brokered for you that you need. You should SAR the loan company. He could argue a mistake but then the same mistake would have to be on the application form. They have to give the Principal's firm on the application form.

Frett _ I think you would be wasting your time. He is currently inactive and probably wouldn't reply. As I said you can sue him for Fraudulent Misrepresentation. You have to find out who signed the application then take it to a solicitor.

If he was only giving advice he wouldn't have to be registered. But he gave more than advice. He recommended a specific mortgage and that is Regulated Activity and that can only be carried out by a Principle who is authorised or an Appointed Representative and he was neither. I wouldn't waste my time arguing with the Principle - he is telling you endless porky pies and you will need to take action against him for mis-selling you a mortgage. The Principle is responsible for the Appointed Representative and the Appointed Representative allowed someone who was unathorised to carry out Regulated Activity. He won't admit to anything until he is taken to court.

You can separate it into: everything to do with data and breaches of the DPA 1998 goes to the ICO and everything to do with the Fraud Act and breaches of the CCA 1974 and OFT regulations goes to the OFT.

It's called creative accounting because they are so desperate for money. How would they know what is in the contract? They haven't seen it. You can ignore them and send the mobile provider a SAR for all the details in your account. They have 40 days to reply and if they don't you can make a formal complaint to the Information Commissioner.

He said on your additional information form that he worked for Charcol and Charcol would have been authorised - but he left Charcol in May 2004. That is Fraudulent Misrepresentation and you can sue him for that.

Good luck Frett. I hope there is some comeback for you.

Frett - that is why I said you will have to ask the FSA of the legal position before October 2004 because i don't know. What are your rights against someone not on the FSA register as a mortgage broker before that date?

Send them the Account in Dispute letter then ignore them. And report Moorcroft to the OFT for passing on an account in dispute. The more complaints about them, the better. enquiries @oft.gov.uk

Kilkenny - yes they are trying to put you off. Broker B was a sole trader and could employ as many people as he wanted but you said he was an Appointed Representative and not authorised in his own right. Since he was not authorised by the FSA in his own right and was an Appointed Representative of the Principle, who wrote to you, he was not in a position to appoint Authorised Reprentatives as he was not a Principle and only Authorised Representatives whose approval has been sought by a Principle and are registered as such by the FSA can broker a mortgage. Are you absolutely sure Broker B was an Appointed Representative rather than listed in the FSA register as "authorised?" If you are, then the Principle is talking rubbish. First of all he says it was alright because the unauthorised broker used logic now he is telling you an Appointed Representative can employ other people and make them Appointed Representatives. Keep these letters from them for your case. It shows how they are trying to wriggle out. It is the Principle who will have to foot the bill for your claim.

Frett - aagh - they only need to be an Appointed Representative or authorised in their own right from October - and your mortgage was in August. You would need to ask the FSA what the implications of your case are given the dates. However, you may still have a claim under the Financial Services and Marketing Act 2000. For advice on that you would need to consult a lawyer.

No - just the application form.

You can ask for any information you like subsequent to the SAR request. Simply say that the application form is missing and you require a copy.

Goodmorning. What it means for you is that you can make a claim for miselling on the grounds that an unauthorised broker recommended a mortgage that was totally unsuitable for you and you can claim damages for that. Look on the mortgage mis-selling websites to see lists of all the reasons why a mortgage can be mis-sold. Write down all the reasons why your mortgage was mis-sold then go to a solicitor. This is too big for you to go any further without one. The Regulated Activities an unauthorised broker cannot carry out are recommending a specific mortgage and helping you apply for it ie filling out the forms with you. I think you will find it was someone else who actually submitted the application as the unauthorised broker couldn't do it - a lender couldn't accept it. To find out who submitted the application, SAR the lender.

It's impossible to say. It can be dropped at the next DCA or go on for a while.

I would check with the court that a CCJ hasn't been issued. Sorry for above - I meant BCW, not Bryan Carter. How would your bank know that they had said they were going to raise proceedings in court? I would also check your credit records as that is where the bank gets its information. You need to get in touch with N Power and ask them for the details of this bill. You also need to check when your flatmate left and what she did - if anything - about cancelling the electricity.

They haven't failed to send it - they haven't asked for it. AIC cannot be bothered with the hassle. As far as you are concerned you requested it and the account is in dispute - and will remain in dispute until someone sends a copy of the agreement. When it is passed on to someone else, as it will be, they get the in dispute letter too. That will tell them you requested a copy of the agreement and didn't get one.

I think you will find that Bryan Carter used an adddress that wasn't yours to take court proceedings which is why you never received the court papers. Check this out with the court then ask for the CCJ to be set aside on that basis. What did you do to end your agreement given it was a joint tenancy?