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BuffNess

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  1. Hey all, I was wandering if I could have some advice. Some of you may remember or read my issues with Blackhorse a few months back. Please can I have some advice on this, I would be grateful if someone brings me good news!! In April 2007, I opened up a finance agreement with Blackhorse to purchase a vehicle on behalf of my partner (now ex partner) The vehicle was purchased on a HP agreement from Motor Nation, a car company in Birmingham. The agreement was for £10,024 repayable for 60 months. The APR was 17.15% Me and my ex partner had a "gentlemans agreement" wherebuy my name would appear on the finance agreement but the payments would be taken from my ex partners account. From day one, the agreement has been problematic! Motor Nation, who sold the car, advised me to change the details on the V5 registration document from mine, to my ex partners. This was for insurance purposes. Motor Nation were aware that I was purchasing the car for my ex partner. They also advised me that my credit rating would not be affected if my expartner did not make payments on the account. As the agreement went on, payments were being made late. After we seperated with each other, my ex partner agreed to continue making payments. However, these were not made and Blackhorse told me my credit rating was being affected by this. I then got a job in Dubai, where I went to and Blackhorse then kept contacting me about the payments. I was unable to then contact my partner about this. Blackhorse then rang my MOTHER and therefore broke data protection laws! I then had to leave Dubai, and come home to sort this out. I wont bore you too much with the story, but the bottom line is I am now left to pay this debt. Blackhorse then repossessed the car, and there is an outstanding debt of £5800 to be paid. All this happened very quickly - I have however, tried to take this to the Financial Ombudsman Service and after a long wait, they have closed the case and have basically said that its my agreement and its my responsibility - thats fair enough and I agree, I did mess up. But... if I was to either scan the agreement in so someone can check it to make it unenforceable or would anyone suggest anything else? I really really cannot afford to pay this at the moment. Blackhorse however, have not wrote to me asking for the money since I received the letter from the FOS, and this was on 11th August 2009. I guess they are expecting me to call them and let them know when I am paying the debt. Can ANYONE suggest ANYTHING or have I really messed up here and its one of those, "You learn from your mistakes" type thing... Thanks guys
  2. Hey all, I was wandering if someone can help me!! I purchased an Advent (yes, this is where my mistake was!) Laptop from Currys in October last year. In July this year, it started developing a few faults. The CD Drive started playing up, but most annoyingly, the touchpad on the laptop started doing its own thing! You didnt even need to touch the touchpad and the cursor would move around randomly. Also, the left button would "double click" when you just wanted it to do a single click! I contacted TheTechGuys as it was still under warranty and they arranged for it to be collected. On the 6th August it collected. Within about 10 days, it came back to me. The report sheet shown that a new cd drive was installed, along with a new hard drive (??). The hard drive was not faulty so I have no idea why they replaced that. More importantly, the touchpad was still the same!! I contacted TheTechGuys again and they said it would need to be booked in for repair. I explained that I really needed my laptop for my job and if I could simply exchange it. They said that it would need to be with us more than 28 days before we would even consider it. I sent it in again on the 25th August. It came back to me around the 1st September and they said there was no fault found!! So, again I rang TheTechGuys and they said it would need to be taken back to store to show a member of staff the problem, and then they can update the notes on my file and be sent off again! I did this, and again it got sent away on the 7th September. Yesterday (25th September) I rang them up as I still have not received anything and wanted to chase the laptop up. I spoke to a guy who said that they are still awaiting parts. I tried to argue the fact that I really really need my laptop for my job and whether I could exchange it. He then said to me that because the laptop has come back to us 3 times, AND because there was less than 10 days from when u called us on the 1st September to the day it got sent away (7th September) that is more than 28 days so I can go to the store for an exchange! I asked him to clarify this with his manager because I didnt want a wasted journey to the store. He put me on hold, came back and gave me his name his office location and also updated my file with notes and asked me to go back to the store, ask the store to call TheTechGuys and read the updated notes. I did this today, and the store have said to me that I now have to wait for the following: The laptop would need to be repaired first, then sent to the STORE before I can exchange it. This could take a maximum of 21 working days because they need to fix the issue FIRST, then transport the laptop back to the store (this could take a while as they were still awaiting the parts to fix it!) Again, I argued the fact and said the guy from TheTechGuys said I could simply exchange the laptop. So, a wasted journey to Currys on a Saturday Afternoon (I am close to the Man United Football Ground so the traffic was HORRENDOUS) I now have come home with no laptop, yes I have got what I wanted by exchanging the laptop but now I have to wait ANOTHER 21 days and pay more money to a hired laptop company because I really do need a laptop for my job. Please can someone help me.... do I have a right to complain? I have spent nearly £4,000 in the same Currys store on TVs/iPods and DVD Players etc and I am dreading to think if this will be the same scenario if any of those were to break down. Please please help Thank you xx
  3. Hey Hope someone can help me here. Me and my partner live in private rented accomodation through a letting agent in Manchester. There has been NUMEROUS and dangerous problems throughout the actual property and its surrounding areas (car parks etc...) I have complained twice - they have not got back to me on any occasion. When I call them, they only apologise and say they will get back to me. They never do!! Me and my partner have got sick of the place - its an assured shorthold tenancy agreement for six months - we have been here for 8 months so we can now give one months notice and leave. We asked the letting agents, as a courtesy to the way we have been treated, if we can go at the end of this month. They said no (thought they would) We thought as a courtesy to the way we have been treated they would just let us go (they are probably getting sick of my letters) I am aware there are some ombudsman services out there you can complain to, however it looks as if the letting agent I am with is not registered to any!! Just wandering where I can go from here to try and take this complaint further as I want something done... Kind regards XxX
  4. Wrote to 3 credit card companies a couple of weeks back. Not heard from MBNA/Virgin Yet.. But Egg have just wrote to me saying that they are going to send a cheque of £293.18 - this includes associated interest charges!!! Not as much as some people have claimed back but still something!!! Thanks CAG!!
  5. currently have 3 credit cards - they were all in arrears but my dad has borrowed me the money to pay off all three cards!! I was wandering now, if I can claim for the PPI because I honestly did not know I had it. Here are the cards, and the explanation: Egg: Owed £1600 balance is now ZERO and account is due to close. I have looked at the credit agreement, and there is a tickbox to say that I did accept the PPI - but to my knowledge, I did not remember this at all!! There are no terms and conditions of what the insurance is, just a little tickbox to say that I wish to purchase it - I did NOT tick this box!... this was an online application. Virgin: Owed £1600 - Balance is now Zero and account is due to close tommorow. I looked at the credit agreement here, same type of thing, the box is ticked but again, no terms and conditions.. this was also an online application BMI/MBNA: Owed £1700 - Balance is now Zero and account is also due to close. This credit agreement is different, where as this was done by a sales representative!! Now, as far as I can remember, I did NOT choose ANY type of insurance at all - but the funny thing is, I have looked at the agreement and there is NO MENTION AT ALL OF ANY TYPE OF INSURANCE - no tick boxes, nothing. No mention at all - yet it has been added on. I called MBNA and he said that usually, what they did was they automatically added it on - to what I replied, without my consent?? I have used the stage 1 template letter on here and will reply back in due course exactly what is happening. But, what do you guys think are chances of successes? I have added on in the template letters that the agreements that are ticked (Egg/Virgin) that the terms and conditions are NOT in the agreement therefore it has been missold. The other one, (MBNA), I have mentioned that there is NO MENTION OF ANY insurance whatsoever, therefore you have charged me for a service/product I have not even asked for!! Sorry its so long!! Any help would be appreciated Cheers XX
  6. Hey peeps Hope your all well Just a few quick questions. I currently have 3 credit cards. 1 with Egg where I owe £1650 2 with MBNA where I owe nearly 1900 on one, and 1600 on the other. I had a bad year last year, and drew up arrears on the ones with MBNA. I have spoke to them alot over the past couple of months, and they have been very helpful, offering payment plans or reduced settlements. I am now back on track with my finances - but I have now asked my mom to see if she will pay off all 3 cards and she said she will - GREAT MBNA did offer me something called a reduced settlement a couple of weeks back, where they knock off 10% off each balance and I pay 90% in a lump sum and she said it will show on your credit file as being "settled" and the whole debt paid off. I want to try and keep my monthly payments back to my mom as low as possible, therefore I just need some help. Will paying 90% of both balances have an affect on my credit file? She did offer me two settlements - one of them she said it WOULD, the other one she said it WOULDNT. I am trying to get my credit file back on track, so my mom said she would do whatever she can in order for her to help me - what would be the best solution? Paying off 100% of both balances, or paying 90% Also, once I have paid off these balances, I have occured late payment fees on all 3 accounts over the past 12 months as I simply could not afford to pay. Can I TRY and claim these back once the balances have been paid, or is it best to do it while the accounts are still open? Any help is appreciated Cheers xx
  7. Hey guys, Please can someone help me on this! I have been working for my current company for nearly 5 years. I have just received my First Written Warning for my absences I have had. Our sickness policies state that if we have 3 sicknesses in a season (the job I work in has a winter and a summer season - winter being november-may, summer being may-november) In Feb 2007, I had 3 periods of sickness which meant I had hit my 3 periods for the season. I had a welfare meeting and was given a letter to say that my sickness will be monitored. After that, I had another sickness which then led to a formal meeting. No action was taken, but I was still on a sickwatch. In June 2007, I went off on compassionate leave and they gave it me unpaid. This has now been classed as a period of absence to which I am being penolised for. In August, of that same year, I cut my foot on holiday and therefore required stitches. I was off for nearly 8-9 days, and I gave them a sick note as per company requirements. I work as airline cabin crew and our Safety manual states that we should never fly with a common cold as it affects our sinuses. My absences were higher than the common cold - they were sickness/dioreah and made me not able to come to work and fly. In October, my sister collapsed and was taken to hospital. Again, I asked to be taken off a flight to go and spend time with her as it was serious. This was given as on compassionate leave. Now, my question is, can I be penolised and be sanctioned for compassionate absences? Can a company do that? My next query is that, in October 2007, I left the company on a 12 month career break. The way a career break works with my company is that you are treated as if you are resigning from the company, therefore I was given a P45 and handed back all uniform/ID cards. I came back to the company as of 1st November 2008, and in December I was off sick again and now I have been given a 12 month written warning. The company are trying to carry on my sickness sanction, even though I left the company. Are they within there rights to do this? I want to appeal the decision, but need things to put in there. Even though I left the company for 12 months, I thought I would return on a clean slate. I am being penolised for being sick - can companies do this? Any help appreciated - if you need more info let me know. My union rep has said the company cannot do this and if it went to an Industrial Tribunal, the company would lose. He is going to give me some hints and tips to include in my appeal letter, but any advice given here (with references to employment laws etc would be helpful) then I can include that in my letter. Many Thanks!!
  8. Thanks for the letter and the quick response - will send it recorded. I was sent a default note whilst I had the vehicle. What basically happened was that the finance agreement was taken out for my partner at the time (now ex) and we fell out and therefore he stopped making the payments - Its a VERY long winded story, but Blackhorse broke data protection on one occasion and therefore that is why I am putting in a complaint to the FOS. The default notice got sent early last year (2008) and the car got repossessed in June/July 2008. Default notices were sent and I still have of them. This was when I had the car. The car got repossessed and theres a backlog of £5800 to pay - and this is why its gone to a debt collectors. Thats the only default I received. Can I ask why you asked whether or not a default was sent?
  9. Not sure why the FONT tags have come up on that post but I am sure you can still work out what I was saying LOL
  10. Hey, Was wandering if someone can advise me on what to do next. I have a Blackhorse Hire Purchase Agreement and its a long winded story, however I have stopped paying because the car got repossessed and trying to fight a case with Blackhorse to either reduce the debt or write it off - the FOS are involved and have wrote to me to say that the complaint is getting looked to. I am complaining for a number of reasons, but I wont get into them now. The debt has now gone to a debt collection agency - Nationwide Collection Services Limited. A member on the forum here told me to write to them for a CCA request. I sent the following letter: Dear Sir/Madam This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. I understand that they need to reply within 12+2 days - the letter was sent on 12th December. All I have received back from this company in the specified time, is another letter asking for the debt and it also states that if I call them, they can come to some kind of agreement as a partial settlement - not sure if this is a standard letter as they have sent me 2 letters already asking for the money, and this is the next stage of there process - or they have received this letter I have sent them above and replied back to that - not sure. However, the letter was sent 12th December - its now the 2nd January and the 12 days has now past which I am sure the debt is unenforceable as they have failed to reply back to me with the CCA. Can anyone advise me what to do next? I am not sure what to say in the next letter. Thanks all - hope you had a great new year!!
  11. do we not have anything we can argue our basis on?
  12. Thanks for the info. I have had a quick look through, but where does that leave me? Can I take Natwest to court?
  13. What are the next steps, I will go to court if I have to!
  14. Yeah I completed a Income/Expenditure to see if I was in hardship - I am in Hardship at the moment because I am struggling alot! But, as the letter says, they dont think I am in hardship!!
  15. Hey Guys, I used the letters off the website to claim for my bank charges with NatWest. They wrote to me about a month back, saying that the OFT case is going on however, as a courtesy, they will look at whether the account is a hardship case because I stated in the letter that I need the charges back due to personal reasons. They asked me to fill out an income and expenditure sheet which I did, and they have come back with the following letter, saying that the case has not yet finished between the OFT and the bank?? Any chance you can take a look at the letter and advise me on where to go next. (There are blank spots in the letter where I have blocked out personal details) Thanks!
  16. Yeah, I did think that Bit dissapointed though they are enforceable lol, wanted to try and shift it! Thanks for looking though
  17. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172746-mbna-credit-agreements-received.html Thanks Pinky69 I am off out shopping - but if you want, leave me a private message or reply back on that thread You have been a massive help!!
  18. Sorry, I just misread! The letter you gave me IS the SAR request - the CCA request to the debt collectors though, do I just simply ask for the CCA?
  19. Thank you!!!!! The SAR request to Blackhorse - the letter is on here as a template isnt it? Pinky69 - if you know your info on credit agreements, any chance you can take a look at my credit agreements for me? I have scanned them in on another thread
  20. do i write to the debt collectors for the agreement, or blackhorse?
  21. Just got your next message Pinky69... Thank you - I will do the letter now!
  22. Thanks very much Pinky69! I thought that they would give abuse - I am not going to ring them. I will do the letter now and post tommorow and get a postal order of £1. The FOS are currently in talks with Blackhorse with the complaint - I understand a Subject Access Request is a claim of charges? (Not sure...) If it is, then what do I write in the letter (any templates on here...?) And, will the SAR affect the complaint that I have put in against them with the FOS? If not, then will do it now.
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