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gallerygirl

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  1. Hi I wonder if you can help. I purchased a timeshare in September 2009 and was told that they had messed up and that the unit for the week (high week)that had been agreed is not available as it had been given to someone else! and they would give me another week (not high week)and as soon as they had the right week they would swap it. I have this documented. I emailed them over the next 5 years and there was lots of staff changes and no one sorted it out, meanwhile I have kept paying maintenance fees. I then emailed again this year and was told nothing was available. I then threatened them with legal action and hey presto a unit for that week is available but it is not as nice as the one I have as mine has a balcony. Is it possible for me to make them take the unit back? Any advice much appreciated please
  2. Hi. I have a debt that has gone to court. The court have now sent a letter to me saying that my case would benefit from the mediation service. What does this mean please? Many thanks
  3. Hi, Aktive Capital now have my EGG debt they claim they have been sold to them. I have not had anything from EGG to say this. Is it best to SAR or CAA active kapital. I have also had a letter from McKenzie Hall, do I CAA or SAR them? Also where do I find on this site the latest CAA and SAR letters please. You help would be much appreciated. Many thanks
  4. Hi all Many thanks for the help received so far, it has now progressed and I have received an AQ from Northamton Bulk Centre that mentions the case is being transferred to a county court. When I received the form from the Bulk centre I submitted my defence. I also sent a CPR to Horwich Farelly to which they responded that I should Subject Access Request them. I didn't as they should have responded to my CPR. They have also never issued a default notice. The AQ is due to be in on 5 October, so I am working on this now. I am late dealing with all this stuff as I am also trying to deal with the issues surrounding mum who died at the end of June. e.g. Virgin media trying to claim ahead for services that they cancelled when I told them mum had died, they have now passed it to Moorcroft, who just sent a letter addressed to my mum saying they would take her to court !!!!! Anyway, I hope someone can help with my AQ
  5. Bump Please help urgently. I did the acknowledgement of service on line. I now need to write the defence and submit online. I think I need to do this today,I am late doing this as my mum died a few weeks ago and I am having to deal with all that too. So am emotional and very busy!. I know I should have attended to this immediately, but I have put my head in the sand a bit. (but it doesn't do away. The court form is dated 23 July and I acknowledged service on 5th August. My defence I think is as follows unless any more can be added. *I have not had a default notice or been defaulted on with the credit reference agencies. * The CCA form was signed and dated by T sawyer before it was signed by me * It was a flexible loan agreement with Cahoot and no credit amount was stated on the CCA. * No terms and conditions on CCA * Two weeks ago I requested all the document from Horwich Farelly so I could prepare my defence - they have sent nothing to me at all. * I requested Deed of Assignment ages ago but has not been sent. Help, help. I don't know how to word my defence (max 8000 words) in the right 'speak' and quoting Acts, etc. etc. BACKGROUND INFO This was a Flexible loan taken out with Cahoot Taken out January 2004 I told cahoot I was struggling to pay and they sent letter in June 2006 saying that they would stop interest and accept monthly payment ot £39 which I paid continuously until I received a letter from Cahoot (Abbey) on In November 2008 saying that they had sold my account to Robinson E Way and that Abbey no longer own my account and all future contact is with Robinson Way. I then received a letter from Robinson Way in December 2008 saying they had puchased and were wholly responsible for the account and that I should continue with my agreement of £39 and pay them. I then stopped payments and sent a letter to Robinson Way in December 2008 asking for my credit agreement, Robinson Way wrote back and said they would get a copy from Cahoot, they continued now and again to say the account was on hold pending them getting the agreement. They sent me a copy of the agreement in February 2009 I then sent letter saying requesting a true signed copy as it was not a clear copy and they ignored that and sent letters asking for payment, which I ignored. Horwich Farrelly wrote to me in June and again in July but at this time my mum was ill and died so I ignored their letters. The July letter stated that it was formal notive that they are issuing a court claim. I then received the court form The credit agreement for the flexible loan does not state the amount of the loan. It was signed by cahoot before it was signed by me. Under the section credit limit it state 'we will tell you from time to time what your flexible loan limit is'. Under the section Interest rates and aprs it states 'the interest rate for withdrawals and balance transfers is a monthly rate of 0.5289%. The APR for withdrawals and balance transfers is 6.5% variable. The APR is calculated on an assumed credit limit of £100. It then says By signing this agreement, you and any joint accoutn applicant confirm you have read and accept the cahoot account terms and conditions, a copy of which are enclosed,. The agreement will only be binding on us when you have signed and returned the agreement to us and we have completed our final checks..........It is then the signature box. I hope you can help please
  6. Hi, Many thanks for replying. The particulars of Claim section on the claim form state ... The claimant claims outstanding monies due and payable by the defendant under a credit agreement whereby the defendant agreed to replay with interest the value of the credit obtained. And the claimant claims 1. The sum of £3,??? 2. Interest pursuant to s69 of the county court at 1984 at the rate of 8% from 29/12/08 to date here of 205 days is the sum of £160.72 3. Future intrerst accruting at the daily rate of .78 4. Costs ........ Any advice is much appreciated,. Thank you
  7. Many thanks for your info, I didn't realise it could be done online. I have just done that now - thank you.
  8. Hi I hope you can help. I have been away and have just got back to a court letter sent to me on 23 July 2009 in respect of a debt that Cahoot have sold to Robinson Way. I have been sorting my debts with help from this forum. With respect to this debt, in December 2008 I requested a copy of credit agreement which I received in April 2009 I worte back saying it appeared to not be a true copy, I then had a letter in may saying there were passing onto their solicitors etc, etc. I have to admit I have ignored the letters as my mum was very ill and subsequently died 1 month ago, so with regard to debts, unfortunately I have put my head in the sand and went to stay with my daughter. I believe Cahoot have sold the debt to Robinson Way who have then passed the debt to Horwich Farrelly solicitors. It is for just over £3,500. Help what do I do now, how do I fill in the defence section? You urgent help would be much appreciated. Many thanks
  9. Hi - thanks for replying There were terms and conditions enclosed seperately. On it thier charges refer to £12.00 so I think they are current terms and conditions and not the ones when I took the agreement out. That tear off ibit is all they sent in relation to agreement
  10. Hi, I attach information received from Moorcroft after my cca request. Please could you let me know if the egg loan is enforceable. Thank you scan0010 egg loan.pdf scan0011 egg loan agreement.pdf scan0012 back of egg loan.pdf
  11. Hi, I sent a cca request to Virgin and they sent the attahced, is it enforceable please scan0001 Virgin.pdf scan0002Virgin terms.pdf scan0003 Virgin terms.pdf scan0004 Virgin terms.pdf scan0005 Virgin terms.pdf
  12. Hi I sent a cca request to MBNA and they sent the attached. Is it enforceable please scan0006 (1) mbna cca.pdf
  13. Hi all Here is the cca from Mint, could someone take a look at it please and let me now if it is enforceable. Thank you scan0007 mint front agreement.pdf scan0008 Mint reverse of agreement.pdf scan0009 mint letter.pdf
  14. Hi Re my above posts, who do I request SAR from is it egg or moorcroft please? If it is egg do I notify moorcroft that I have requested SAR and vice versa? Thank you
  15. Many thanks for quick reply. I will get the letter of on Monday.
  16. bump.. please does anyone have a sample letter I could send to Moorcroft asking them if they own the debt. I did cca them and they sent cca saying it came from egg. Thank you
  17. Thanks for replying rory32. Is there a template letter on this for a letter requesting deed of assignment please?
  18. Hi, Many thanks to you all that posted on this. I now understand how it works, so I will not bother to reclaim the credit card charges as it will be of no benefit to me. I will pursue them being unenforceable. I have just posted a new thread on egg and moorcroft any help on that thread would be much appreciated. Thank you
  19. Hi all, Egg loan taken out in 2004, did CCA request from Moorcroft, they sent letter saying they would put debt on hold whilst requesting CCA from OC. I have now had the CCA which appears to have everything. It is a one page document. There is no cancellation information. It does say that by signing the agreement I confirm that I have read and agree to Personal Loan terms and conditions. It does state my name and address, agreement number, apr, loan amount, number of monthly instalments and amount of payment. It is signed by me and them. They did not send any terms and conditions or the deed of assignment. I do not know how to proceed. I have no evidence of Moorcroft owning the debt or assignment, so I need to send a letter to them anyone have any ideas of what I should write please Many thanks
  20. Hi, I have several credit cards which I have been paying an agreed monthly amount, however, after reading the forums, I am going throught the process of asking for cca's and to date none of them appear to have a valid one. I have been charged hundreds on these cards in the past for charges ........- if I claim the charges will they just be used to reduce the balance owing on the cards of will they have to send me a cheque as they do not have a cca. Any information and also the bet way to proceed would be extremely helpful. Thank you
  21. If a person dies and the mortgage is paid off with 2 years left of fixed term and mortgage has been paid for 10 year is an erc still payable. Llloyds bank have charged £1500? Thanks
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