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i didnt know you could claim for that as well. do you know if the solicitor has not signed the defence, whether it will be thrown out?? my defence has no signature on it, just the name of their solicitor. office of fair trading reckon that it will be thrown out due to this. another point, if the above is the case, do i goto court and then bring this to the attention of the judge, when all the people that i want to question will be their?? personally i dont think the judge will be to impressed with the solicitor over this. ive noticed that both bits are not signed. the acknowledgement and the defence, just printed names.

i am suing for breach of contract, by, 1. not giving 7 days notice and adjusting monthly payments 2. altering the term of loan without consent should make out for an interesting court case if its gets that far.

Hi no, its not a bank, its got something to do with citi-finance though because thats where i sent the court summons. it is a secured loan by a firm called future mortgages, never ever use these people, they are hopeless!!! and there hopelessness is going to cost them big time! i DONT like paying for other peoples errors because thats whats happened in my case. they have added, by error another £300 on the outstanding balance when the interest was increased, whereby the monthly installments are to high, and this technically shortens the agreed term by 6months. this is then considered in my eyes, a serious breach of contract by 1. illegally and by stealth adding money and making me pay for it. 2. altering the terms and conditions of the loan without consent,because im now paying more than i should be, whereby the term is shortened. be good to see there solicitor argue there way out of this....i think not

Thanks for the replies, i however have just discovered that when they increased the interest rate, their i.t or whoever done the monthly adjustments for the term remaining has made a hash of it. let me explain, the outstanding balance was £6690.73, interest 14.33%, 53 months remaining if anyone can get the payments to equal £178 i will drop the case against them. however i know whats happened, the i.t has accidentally put £6960.73 and then the payments work out at £178!! This is why im taking them to court, they say the payments are correct. by the way they have been taken this payment now for over nearly 2 years!! so they have had plenty of time to correct this error. it gets even better, when asked for a early settlement figure the charges that where incorporated into the loan when the interest increased( now remember ive now payed for this now by them doing this), the crafty b****ds them added those charges again whereby charging me twice!!! im hoping that the judge throws the case out by there f&&k up, as i have 3years left on this loan, and im not happy paying extra monthly payments by there illegal £300 added when the interest increased. lucky for my girlfriend whos loan this is that im clued up in finance or she would have been stung good style by these cowboys.

Hi ive been sent a defence by "xxx" that the office of fair trading said will get struck off because there solicitor forgot to sign the defence on behalf of "xxx". so its worth checking that there legal department actually signs the defence. however this works in 2 ways when this happens, 1. judge can find in your favour or 2. it buys them more time. im not bothered either way, i WANT to goto court to wipe the smile off there solicitor because he thinks hes a smart-arse! however when he sees the actual evidence i have, he will be packing his brief case and departing out the court room!!! (and someone in there i.t department is going to get the sack) if you have any doubt about your rights in this case..they are very helpfull and explained to me how to fill in the allocation questionare and what to write down. they know the law in regarding penalty clauses and unfair terms in contracts. so dont be shy if you need free excellent advice from there team of solicitors.

Basically im taking my loan provider to court in regards there fees and charges. They have already filed a defence in regarding this saying that they are not penalties and unenforeceable. slating the oft in the £12 reasonable fee saying it doesnt apply to them and isnt law!! and that the monthly payments that im paying are correct. and that the insurance wasnt missold, prove otherwise. ive got a question i hope that someone can answere for me because i think they are not allowed to do this with the illegal charges and fees applied to the balance. what happened was that i missed a few payments and £278 fees and arrears were added then they upped the interest by 1.5% and recalculated the monthly installments( effectively loaning me the £278 over the remaing 4.2 years). so in retrospect i am now paying 14.33% on the illegal fees and charges over 4.2years!! my question is, is this legal?? surely im allowed to pay these off and what they have done is actually illegally loaning me more than my agreed amount?? please correct me if im wrong, as any advice would be appreciated.

Im in a similar situation as yours with regarding the insurance, i never received any paperwork to look over in regarding the insurance or my rights to cancel. i therefore am taking xxx loans to court over this. im going to try and prove it was missold. i think i will win on the above grounds(no info. ever sent out). There is other payment issues that im also persuing through the small claims, clearly been overcharging me, therefore im going to argue that its a breach of there own contract(shortning term of agreed term of loan). Have a damn good look at your annual/monthly statements and whatever they have added and check its correct! thats how i found out that xxx loans had been overcharging. by the way, how does your early redemption penalty work? is it rule 78? or is it just a months interest on oustanding balance etc. or didnt you know until you asked for the early settlement(like i found out) good luck and dont be frightened to take them to small claims court. good luck

Take a photo of the "free banking machine" and make a complaint to your local branch in regarding the charge. you never know they might refund you as a good will gesture.

Did it state in your agreement that this would be applied?(rule 78). my loan said it would be calculated as set out in the consumer credit act 1974 and will be intitled to a rebate.(no mention of rule 78).This popped its ugly head only when i asked for an early settlement figure. The problem here is, my loan provider should theoretically then have given me a copy of the "consumer credit act 1974" so that i can figure out any early redemption penalty? They obviously didnt!! This possibly could be argued as an "unfair term in a consumer contract" by not actually making the early redemption penalties in clear language, and therefore you didnt know what you would pay back in regarding any early settlment???

If you only have to pay 2 months interest on early redemption then you are not subject to rule 78 in the consumer credit act. You would know if you were subject to this rule if for example you had a 5 year loan and had paid 2 years into it then asked for a final settlement figure, you then would discover that you had paid virtually nothing off it!!!

be thankefull that "rule 78" wasnt applied..... then you WOULD BE COMPLAINING!!! wish my loan had only 6 months interest for early settlement. i wouldnt bother taking it any further.....not unless theres a serious breach in the "terms and conditions" that you can find.

i have "carefully"looked through all the fine print and no where does it state that "rule 78" will be applied if payed off early, however when i asked for a early settlement guess what........ "rule 78" was applied!! now the question is...is this legal if it isnt in the terms and conditions of the loan? or does the cca 1974 automatically apply this "rule 78" when you ask for an early settlement figure?.... any comments would be appreciated on this subject..."rule78"

Just like to say ...what a great site for advice when theres nowhere else to turn to. however im in need of advice myself in regarding a loan with (fm ltd).after falling behind and not paying certain months etc. i landed up with admin charges of £50 a time and £20 for bounced direct debits.(quite a few to say the least), can i take them to court and demand that they pay me back the same way that people are doing with the banks? also even when i did repay all there fees/charges and arrears they have totally miss-calculated the monthly payments over the term of the loan, and ive been overpaying by there error and the loan will end earlier than 60months which it clearly states on the loan agreement. can i argue that (fm ltd) have breached there own terms and conditions by overcharging per month, whereby the contract is null and void? this has been going on for well over a year so they have had ample time to realise their mistake. i did write demanding that they pay me back all the illegal fees/charges and that they have clearly have been overcharging me for over a year(to date havent heard a peep), think they realise that they are up s***t street because i also threatened them with court action in regarding this. another sneaky thing that they done was when i wanted my "optional payment insurance" cancelled and taken off the amount owing they said "no", however they did refund me the amount back but did not take it off the loan which is what i really wanted to reduce my payments. however the sneaky thing is im now paying 14.33% on top of the loan amount which wasnt taken off the original amount....sneaky!! can i demand that they pay me back the interest as im going to take them to court irrespective over the other issues raised. by the way even if you are in credit they send bailiffs around to your address and after you prove actually that (fm ltd) have got it wrong (fm ltd) dont apologise the bailiff had to on their behalf!! nice people.....mmm....i think not!! ps.. dont ever ever get secured loans, it was and still is the worst mistake ive made....you have been warned!! any help or advice would be appreciated thanks