Is this absolutely correct,where can I find this act please? Thanks

Hi TW Been reading your case/thread with utter interest especially the pre 1985 sec 9 stuff.However your thread has stopped,have you hit a 'wall' or is everything moving toward the positive,you have done so well to get this far.Please update,if poss. Many thanks Stripper

Is the mortgage in Joint names?

Hi When was the Court Action taken(date)

Well done!

Excellent post Basa Many thanks

Dont know the case but it was relating to CCA 77/78 .The case I think was over with what appeared to be a favourable result.Unfortunately PT could not report the results as legally it was still unpublished. The reference to the pending case is found in the now closed thread ,' Phoenix Recoveries vs D Kotecha - Court of Appeal ' thread before it was removed.The thread was closed due to differences between PT asnd PB. However PT was adament that the case was a breakthrough for the consumer. Be interesting to find out the outcome .

Bump

Thanks

subbing

Hi PT 2537 I have read with interest the lead up to a CCA s78 case result due out in March!. This was all within the' Phoenix Recoveries vs D Kotecha - Court of Appeal ' thread before it was removed. Has the case been reported etc etc. PS really miss your input Stripper

Agreed ,however would you give me an answer to: 'From what I can ascertain there is no interest figure shown in the original agreement .So how can interest be charged if there is absolutely no figure in the contract.Also if the APR box had a figure(which is does not) surely this would not be the figure to be used in calculating the interest due on default.' As I have a fixed interest loan .

Paul So if the agreement shows the original loan plus credit charges =total credit say over 60 months that is referred to as a fixed rate personal loan with up-front interest.Please confirm as thats a very important point. Stripper

Trouble is I dont want to wake up a dragon! From what I can ascertain there is no interest figure shown in the original agreement .So how can interest be charged if there is absolutely no figure in the contract.Also if the APR box had a figure(which is does not) surely this would not be the figure to be used in calculating the interest due on default.

bump

With Barclays-CDCS chase £13k.CDCS are their inhouse DCas

Just another point. My agreement which I kept! states that if you default you will be charged at the interest rate shown overleaf.However overleaf is devoid of any interest rates APR or anything else.So where does this leave the whole interest question that I am querying? My apologies for not stating this before.

Re: £15000 Loan turns into £250,000 **Truely Shocking** After reading about Byron and find the whole thing so totally distressing and disgusting that I am now really concerned about my old debt of £13K which was unfortunately defaulted on 9+ years ago. The notice at the time stated the amount outstanding and the term(plus daily interest @ £x). The account was immediately passed over to their in house collectors and we mutually agreed on the method of calculation to arrive at a monthly payment. Over these last 9+ years I have had 3-4 letters basically asking for a revised monthly sum using the basic agreed method of calculation. My reply ,which they accepted was 'no change'. However the balance was in fact reducing each time they wrote, with no sign of interest being added.\ I cannot find my letter to them but I did send a letter to all my creditors requesting an interest freeze. Without exception this was accepted. They showed this through the amount that was being reduced monthly through agreed payments. I had been advised at the time of the loan to take out PPI which I was under pressure to do. However shortly afterwards my circumstances changed and I defaulted. I requested the insurance cover to 'kick in' only to be told that the PPI needed to run 3 months before a claim could be made. As my situation happened before their time scale (This was never pointed out to me by the way) I was refused the insurance payments. I have not had any contact with them for 6+ years and I still pay my monthly figure. After reading Byrons most tragic case I realise that maybe this horrendous interest could suddenly be added--I am really getting worried. Please would you advise as to what your thoughts are in this matter. My apologies for tagging onto Byrons case but felt that my circumstances (interest +PPI etc) has a similar ring, as I am sure many more Caggers reading this can relate to.

After reading about Byron and find the whole thing so totally distressing and disgusting that I am now really concerned about my old debt of £13K which was unfortunately defaulted on 9+ years ago.The notice at the time stated the amount outstanding and the term(plus daily interest @ £x). The account was immediately passed over to their in house collectors and we mutually agreed on the method of calculation to arrive at a monthly payment.Over these last 9+ years I have had 3-4 letters basically asking for a revised monthly sum using the basic agreed method of calculation.My reply ,which they accepted was 'no change'. However the balance was in fact reducing each time they wrote,with no sign of interestbeing added.I cannot find my letter to them but I did send a letter to all my creditors requesting an interest freeze.Without exception this was accepted.They showed this through the amount that was being reduced monthly through agreed payments. I had been advised at the time of the loan to take out PPI which I was under pressure to do.However shortly afterwards my circumstances changed and I defaulted.I requested the insurance cover to 'kick in' only to be told that the PPI needed to run 3 months before a claim could be made.As my situation happened before their time scale(This was never pointed out to me by the way)I was refused the insurance payments. I have not had any contact with them for 6+ years and I still pay my monthly figure. After reading Byrons most tragic case I realise that maybe this horrendous interest could suddenly be added--I am really getting worried. Please would you advise as to what your thoughts are in this matter. My apologies for tagging onto Byrons case but felt that my circumstances (interest +PPI etc) has a similar ring,as I am sure many more Caggers reading this can relate to.

Just as well, it pays to keep records doen't it! Thanks a lot for the valued help and advice. I will keep you posted re any further developments

Hi postggj I quote part of their letter to me: "please accept this letter as official notification that Apex Credit Management has purchased your account and all rights ,interest and claims in respect of all amounts outstanding on this account as of (date) have been assigned to Apex Collections Ltd." What's your thoughts on this ,does this imply 'absolute' or is the statement trying to mislead?

According to Apex at the time,they had actually bought the account and it was theirs legally etc etc.When they admitted that they could not furnish me with the correct evidence,they said that they were returning the account to NABG and closing the account at APEX. So who really has ownership as the letter implied that they simply returned it to their client. How can NABG be a client when the account had been purchased from them. Or have I missed a trick here?

Thanks Caggers,most helpful.I will send my response reminding them of 'unenforceable agreement' Nice to be able to turn the tables on them! Stripper

Early last year I requested my CCA etc from Apex.They were DCA's for NABG(Was Yorkshire Bk) Their final response was that they cannot produce the docs and therefore the account is unenforceable in a court of law.They sent the account back to NABG. Today I get a demand from Jeremy Sutcliffe acting on behalf of YB! and due to my apparent non response to numerous requests for payment have charged a fee to the account for admin. What can you recommend as a suitable respose(apart frm get stu""ed) Many thanks Stripper

Well done Fred,please keep us posted on this one .Lets hope that it will be stress free. Stripper