CCA letter is the first step. If they don't come up with an enforceable agreement then you are in a much stronger position to negotiate a F&F settlement.

:grin: PMSL :grin: Classic.Might borrow the last one if a new DCA takes up the reins for my latest "misfiled" CCA.

Another apology letter from HFC arrived today. This is second one apologising for the delay in sorting my complaint (they have failed to produce an enforceable CCA since being asked in July). They have advised me of my right to complain to the FOS but hope I wont lol. What's the next step (or if I've answered my own question does anyone have a FOS letter)?

If they are taking the money then you should have a contract. If you cancel the DD to them they'll either miracuously appear or you will save the payments every month.

Moved house last year & couldn't settle the electric bill so they were happy to spread payments over about 10 months. Didn't have Septembers payment money but I knew I have some cash coming this month so i thought I would just settle the balance which I shall do. Unfortunately this new house has the same supplier when we moved in & my better half just took over the supply here (in her surname) for speed. Bill arrives today for payment, which is fine, but also (coincidentally or not) a letter addressed to the landlord. I wish to send them the F&F payment stating that this ends our business relationship and they do not have further permission to store or use my data or contact anyone in relation to our previous association. Can anyone advise specific legislation presumably under the 1998 Data Protection Act? TIA

Think Chez was implying that they couldn't wait the 6 weeks quoted but A&F is right in that you should have forwarded that invoice to the insurance co. Personally I think insurance on such things a waste of money but you must decide for yourself (& see if there is a get-out clause). I would much sooner rely on my Statutory Rights & CAG.

Was it definetly a debit card you used for the deposit? I know hindsight is wonderful but it's a pity you didn't use a Visa CREDIT card as I'm sure that I've read that section 75 applies to the deal even when you only used the card for the initial deposit & the CC company continue to be equally responsible. I think pressing them on the Court Order is the route to go. What was the timescale between the first DCA saying they wouldn't persue & the second one re-possessing? Not sure how quickly they can get a court order at the minute but I know the courts are chocker.

Have a look at the above letters & use letter N for a copy of your CCA agreement, send £1 P/O and dont sign the request (as they may not have your signature).Post Recorded Delivery. May not have your agreement either lol if it's that old but I wouldn't have thought they would accept a F&F while you are paying regularly every month. Send for your CCA & post their reply back on here. p.s. if you have a payment due only pay the minimum as with luck it could be the last one you need to make prior to negotiating. Obv.check that the RD has been signed for & start counting the 12+2 days they have to supply your agreement.

Have you checked your credit file to see if the CCJ is there?

I'd get a PO Box number for a couple of months. What's sauce for the goose..............

They should honour the warranty a they knew of the problem within the required period.If it's not working & doing the job you bought it to do then it needs repairing or replacing. Write to them (recorded delivery), tell them they are in breach of "The Sale of Goods Act 1979 (as amended)" and give them 7 days to sort it before passing your complaint to trading standards.The warranty date is a red-herring anyway but they seem to have moved the goal-posts now to "a different repair". 'The Sale of Goods Act 1979 (as amended)' lays down several conditions that all goods sold by a trader must meet. The goods must be: as described of satisfactory quality fit for purpose As described refers to any advert or verbal description made by the trader. Satisfactory quality covers minor and cosmetic defects as well as substantial problems. It also means that products must last a reasonable time. But it doesn't give you any rights if a fault was obvious or pointed out to you at point of sale. Fit for purpose covers not only the obvious purpose of an item but any purpose you queried and were given assurances about by the trader. It's obviously neither of the last two!

Can't work that one out.They approved it nearly 7 weeks before she signed it.It's the official office stamp as well, not just hand written. It's not as if there is lots of info for them to check & then send back to her. I can't believe that they would process an unsigned application.:-?

...and if it was there & added anything in their favour I'm sure they would have sent it.Shouldn't worry too much - they couldn't have written Application in much bigger letters.

That's what I was fishing for. If you had paid at least one third of the total amount payable under the agreement then they needed either a court order or your consent. If they had neither then you have the right to get back any money that you have paid under the agreement. (In Scotland they may need to get a court order at any time).

Hi Hogie Yes, same CCA process for the loan with the DCA that's chasing you. Did you give your consent for repossession or did they get a court order? If you had terminated the agreement you may not have had any shortfall.

So have I :grin: Cheers Andy, nice one.

..... but he's used the wrong vehicle to do it in the form of a Section 21 route? And a vague one at that if they have not specifically stated s.21(1)(b) is it still valid?

Earlier this year.April-ish I think. Under CPUTR or similar.Sorry v.tired.

Thanks for your input Chris & Mr S. I can't go into the full details but just trying to fathom out the best route through the current financial climate. The two separate agreements each feature a map & there are items within the business side which I need to move over to the house to prevent them being seized should it come to that. I believe that forfeiture of the business side immediately ends the term of that lease (?) & I may or may not want to stay in the house .Probably not but I need to formulate a (cunning) plan & try and keep ahead of the game.

Would appreciate it if you could have a ponder!

Not sure if this is the correct section but here goes. I have a home & business combined from my LL. The Business Lease is for workshops & the AST for the house. The AST states "This agreement is conditional upon the tenant entering simultaneously into the Business Lease and the two are mutually dependent". As the rent on the lease is overdue can the LL still apply his right of Forfeiture under the Business Lease or will this immediately terminate the AST and deny me my rights under the Housing Act?

The reason I ask is that it seems to say under SIGN TODAY "Personal Information- Before signing this application it is important that you read the paragraphs set out overleaf" or similar? Straining my eyes lol.What does it say?

"It was hand-delivered on 5th September":wink:

Good Luck & let us know if you get the job.

Concensus of opinion is that it's a pity the LA didn't read the above instructions as Section 21 & their last day of Notice don't concurr. Have the "words in square brackets" been deleted?