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  1. postggj - Nowhere did I say they're charging interest on charges. I am trying to establish whether once the agreed term has come to an end, whether all clauses are still valid since they are initially based on an agreed term and dates. I am quite aware that the late payment charges I've accrued may be able to be claimed back but I refuse to "go on the offensive" and risk losing my car over such a small amount and at this late stage. I'd rather do as others have done, clear it all off and THEN go for a rebate if it is applicable in my case.
  2. Sorry to be rude, just wanted to bump the questions in the above 4 posts. I should also apologise for hijacking the thread with this! LBL have sent a default in circumstances noted above. It's only a small amount of initial loan left which I can pay in the prescribed time, but the rest is charges - however terms specify all interest and charges paid first and initial loan last, so that'll be their way of keeping it secured on the car until the end. I also understand that a default notice must be sent with a copy of the current OFT default information sheet with each default notice. I didn't receive that, just the letter. Don't suppose that's ground to tell them it's invalid?? On the other hand, I have had another company telling me that "as our agreement is at an end (also under CCA 1974, as a fixed term loan - no BOS), we are not required to serve a default notice" -completely the opposite to the what LBL are doing!
  3. OK, here are a few extracts... From BOS: .. in consideration of the sum of £xxx.xx ("the principal sum" now paid by the Lender to the Borrower (receipt of which the Borrower hereby acknowledges) the Borrower does hereby assign unto the Lender and its assigns the vehicle described in the schedule ("the vehicle") by way of security for the payment of the sums in accordance with the credit agreement entered into between the Lender and the Borrower today ("the Consumer Credit Agreement". Such Consumer Credit Agreement includes the following provisions: a) the sum secured is £xxx.xx [initial loan amt before interest etc] b) the interest thereon at the rate of xx.xx per annum AND the Borrower does further agree and declare: 1) Payment That she will duly pay to the Lender the principal sum aforesaid, together with the interst then due and any other sums due in accordance with the terms of the Consumer Credit Agreement by equal payments of £xx.xx per week, commencing on xx/xx/08 and ending on xx/03/09 [.... goes off into stuff about keeping vehicle secure and insured etc and how they may break things to reposses it. ] EXECUTED as a Deed by the said Borrower. Signed by me and a LBL person. From said Consumer Credit Agreement: Key Financial Information Term of Loan: 1 (58 weeks) The Principle amount of the loan: £xxx.xx Total Amout Payable £xxxx.xx Equivalent to an Annual Percentage Rate of xxx.x% "APR" By 58 equal instalments of £xx.xx each the first payable on the 7th day after the date of the Agreement and the rest on the same day in each successive week thereafter with a final payment of £xx.xx on the xx/03/09. and Security The Agreement and the Total Amount payable under it is to be secured by a Bill of Sale in the form attached to this agreement by which you will assign to us the Vehicle details of which are set out in the Schedule below as well as in the Bill of Sale. Any ideas?
  4. I don't have the papers to hand at present, but I'm sure they refer to something to do with 'term of the agreement' or similar. I'll have to see exactly what it says in a bit.
  5. This interests me. Where the contract period has come to an end but money is still outstanding, a small sum on the original agreement and a larger sum in late payment charges, does the BOS still stand as it did during the agreement?
  6. A CRB is not a credit check and your CCJ will not appear on a CRB. But, I don't know anything about visa applications to comment on that side of it.
  7. It's not a DCA, it's the original creditor. That is what I have been trying to say - I have said that and they refuse to answer a prudent question in writing that would get them some money! That is why I want to know if I can DEMAND everything in writing as a consumer right and (try to) force them to do so. The_shadow, thank you, I'll see if that is of any use to me. EDIT - to your edit! Thanks anyway....
  8. I wish that were the sensible option but interest is accumulating rapidly! I just want to reply to the latest email and say "Oi, twit, I have a right to written communication if that's what I want so stop playing for time and send me the answer to my question" but of course, need to know if I do indeed have a right or not before I say it. Yes, I did wonder that, but thought it was rather disrespectful to say that applied to me
  9. No, they're not harassing me. They don't actually phone me at the moment. I have emailed on multiple occasions and said please write to me. They reply to say no, you must phone us.
  10. I'm in a situation with a company wanting money and when I have emailed to ask to deal only in writing, they come back and say sorry, phone only. Do I have any rights to say if I want writing, they must comply? It's a Credit Agreement regulated by the Consumer Credit Act 1974, if that helps. Thanks
  11. Going through my credit file today I've come across a defaulted loan account with London Scottish Bank plc It didn't dawn on me to start with that this isn't a loan account, it's a credit card account, originally taken with HBOS. From what I've read and understand, HBOS is (was? I've seen the adminstration stuff) a part of LSB plc. As are Robinson Way (who've been trying to collect**), is this correct? So, how come a credit card account has turned into a loan account when it's remained within the same group? And does this actually make any difference to anything anyway?? ** On that subject, you'd think it'd be easy for RW to find the CCA, wouldn't you, if they're all the same group. I asked for it months ago and am about to remind them to stop writing to ask for payment until they've produced it. However, my new knowledge kind of contradicts my 'you prove you're entitled to collect'!
  12. I also work freelance. If someone pays me for anything without an invoice, I do one as a receipt. But, regardless of who does what and how - if the same happened to me, I would stick it out until they can show me copies of the cheque stub/BACS payment reference/etc that they must have to know that they've paid it. Enchashment of cheque or end location of electronic payment should be able to be confirmed by the banks involved. Pain in the backside as it will be, you will have to gather together all of the invoices/receipts you recorded for them and bank credits, see if it all tallies.
  13. I would have thought that you don't have to identify yourself to any unsolicited visitor. But I suppose a bailiff with the correct papers could be different?
  14. Bugger it, what a waste of £8. Having now read around several pages on their site it makes that a bit clearer. But, it really ought to be put in big letters at the application stage for those people like me who are keen to get it all done, haven't read the entire site and from the blurb on their homepage think 'Oh, it's a search on a person's history'. Anyway... if they show company it would been a help as it's not on the Experian file. Neither is fact that the one I am sure I know what it is still appears to be 'open' when it is paid off, which I thought was worth checking out at TO. Never mind... to the court it is then. I'm not spending another £16 to see if the right info pops up online! Well, a couple of phone calls later.... Neither of them are what I thought and it looks like what I expected doesn't exist (with one CRA, at least. Will await the report from the other). Phoned the utility co these two were from to find that one should have been marked satisfied so the chap is sending me a letter to use for that - hurrah! The other, I don't remember leaving outstanding but as it's from over 4 years ago I can't be absolutely sure. I never thought to ask on the phone whether they'd have DCA'd it, so I'll wait to see what the breakdown says that he's forwarding before questioning that - it later came to me to wonder whether a DCA may have received the money and the utility company haven't.
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