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Everything posted by odezi

  1. I need urgent advice on a major issue I am facing with the local authority and need urgent advice on the best way forward. I bought a council flat on a right to buy several years ago. In the last 4 years there have been several works the council have done and the charges were quite substantial. One the first invoice I was given an option to spread the payment. On the others no such option was offered, although they claim it was offered. The charges in addition with the annual service charges, it became quite difficult to keep up. In February 2014 the council took me to the county court. I explained at the court that I could not make the full payment but was prepared to enter into an agreement to make instalments, but for reasons I was never made aware of the council suspended the case only to resurrect it in May this year. Between the original case and now I have been making instalments and reduced the balance. On or around the 15th of May I received 'Judgement for Claimant' for the value of £1,329.61, including charges and interest. The council had commenced county court action in February 2014, but suspended it, but I was not aware that it had been suspended. I spoke to the council because the value claimed was incorrect as I had made a payment of £300 before I received the judgement. They confirm it. I sent an N245 to the court providing income and expenditure and the sum I am able to afford. I have not yet had a reply from the court. The balance due from the case is now less than £1000 due to the instalments I have been making On 18th June I received a 'Breach of Lease' notice from the council enclosing Notice under Section 146 of the Property Act 1925 and asking that I make full payment within 21 days or further legal action would be taken resulting in forfeit of the lease. This was despite not receiving any decision from the County Court. I have researched Section 146 of the Property Act and I do not believe the council are acting in accordance with the law. Further I have spoken to the council and more than one occasion and had various email exchanges about the possibility of instalments payments but they are refusing to even consider it, even though they can see that I am making an effort to make payment. I am not sure what steps I can take now and my wife and I are quite worried at the possibility of losing our home and would like some advice on how to tackle this issue. Many thanks
  2. Hi Bazooka Boo Your idea is a very good one and worth a try. many thanks
  3. Hello All I have loans with various providers. I appointed a debt management company sometime ago to freeze the interest rates and I have been paying reduced monthly repayment to the lenders. Most of my loans have now been sold on to third parties. A couple of these companies have contacted me offering to write-off up to 40% if I agree to make an immediaye payment of 60% of the loan. While this is generous I can't help but think these companies will make trmendous returns from the loans because they have been sold to them for a lot less than they are worth. I would like to know if there is anyway I can obtain information of how much the loans were sold to the third parties. Is there anyway I can find this out?
  4. Redfish, many thanks for posting up the letter. It is extremely useful. My credit history has already been destroyed. My creditors have made sure of that. It is something I will need to sort out in the future. I am aiming to be tough with these companies. So far they have been very cagey in their approach and I am guessing it is because they know something I don't. Many thanks again for the letter.
  5. Redfish, many thanks for the information you have provided. Now I really understand why MBNA are not making a fuss about the agreements I have with them. My debt is been managed by a debt management company and the monthly amount I pay towards each debt is quite low and MBNA that were aggressive with me prior to me receiving my CCA have suddenly stopped bothering me. Even when they asked for an increase in payment and I said no, normally there would be threats but nothing. The loan was sold to 1st credit and they have also toned down their aggression...amazing. The error I have made to date is that when I have put accounts in dispute, I have still continued to pay them. I think I need to stop paying. I should be grateful if you could please post up the letter you sent. It will be very useful. Once I have sent it should I stop making payment to them?
  6. Redfish, many thanks for the reply and the very useful information. Based on the agreement and the use of cash advance rather than credit as the regulation demands, how would you suggest I proceed with this? Should I write to MBNA informing them that I believe the agreement does not comply with the required regulation?
  7. Redfish, very many thanks for the attachment. It was a very interesting read and got me considering my loan further. The loan itself was to repay an existing loan and credit card, both owed to MBNA. When this loan was approved, MBNA automatically paid off the existing loan and paid the amount owning on the credit card before paying what was left to my account. Would this also be something to put forward because at the time of the application I informed MBNA the loan was for consolidation. Since I did not make the payments myself and they adjusted the other accounts I had with them with this loan, should the agreement not have included this?
  8. odezi

    Abbey's Tricks

    I sent SAR to Abbey in June and I have not received anything yet. Can someone please suggest an appropriate follow up. I started this after Abbey appointed a DCA to chase the debt. I then sent the SAR and sent a letter to the DCA as well informing them of my action and asked them to return the debt to Abbey. For reasons not known to me, Abbey asked the DCA to stop their actions before my letter got to them.The debt was returned to Abbey and they have suddenly gone quiet. I believe it is because the charges are quite substantial. My mortgage arrears has reduced substantially but I am reluctant to let Abbey off because I believe the charges may be in excess of £5k
  9. Spunkymonkey, many thanks for the posting. I sent the letter beloow to the DVLA and they have replied that I am still liable for the £80 charge I inted to follow it up with a letter and ask them to forward the case for prosecution.
  10. I have had various correspondence from Debt Clear Recoveries regarding one of the accounts with MBNA. They are requesting payment in full, over 5 years or partial settlement, none of which I will take up. Should I be corresponding with them about the account or should I continue with MBNA?
  11. I have been looking through the letters from DVLA and I am a little confused. I received a letter in April confirming that the late penalty notice was valid. This was in reply to my letter informing them that I was disputing the charge. At the beginning of May they sent me an acknowledgement letter that I was no longer the registered keeper. Should they have sent this since they claimed not to have received the V5C? Is it not the V5C that generates the automated letter?
  12. Unfortunately I sent it by normal post. I am planning to write to DVLA again about this and also complain about the harrassment by Moorcroft. They have called twice this week and also left one message.
  13. Still getting harrassed by Moorcroft about this fine. They have sent me letter from their precourt division and also called me to pay and if I do not they will commence legal proceedings. They also claimed that after selling the car I should have asked for a refund of my road tax, that is the way DVLA will know I have sold it. I told them that the tax had 2 days left and as far as I was aware, all I needed to do was send V5C, which I did. Moorcroft are becoming a real pain, real pain.
  14. I also sold my car to webuyanycar, but I sent off the V5C myself way back in December, now I'm in a battle with DVLA and Moorcroft who want me to pay £80 fine. Moorcroft claim that I should have asked for a refund of my road tax after selling the car. I told them it had two days left and as far as I am aware I didn't have to. All I needed to do was send V5C which I did.
  15. Hi Wobbly Many thanks for the reply. It just angered me how the Company were trying to bully me. Orange got paid the August instalment and it was not returned and the debt was apparentally sold in July. I tried to explain myself and was not given any opportunity at all. many thanks again for the reply.
  16. Hi All I should be grateful if anyone with experience of reviewing MBNA agreement could look at my agreements and give me their opinion. I don't think the credit card agreement meets the CCA requirement but I am not sure about the loan agreement. I still have not received any CCA for my second credit card. I have already sent them a letter informing them the account is in dispute, but they are simply ignoring me, probably because the amount owing is £1400 and £500 of it is made up of charges. I have had the account for 10 years and until last year I paid PPI, which if I am successful will mean they will be owing me. I have also sent them SAR. They have aksed for an increase in the monthly payment for this account and I have said no. I'm guessing they want to claw back as much as possible then write off the rest.
  17. Hi All I need some advice please. I had a contract with orange and in September 2008 when I realised I was no longer able to make payments and the contracts ended at the same time, I called orange and advised them that because of my financial problem I wanted to close the account. They informed me that I had to give them a month's notice. I explained that giving a month and them charging further rental is only making a bad situation worse, but they refused. They eventually closed the account in November 2007, adding two months rental charge. This took the amount owed from £190 to £380. I spoke to them several times but they refused to remove anything from the bill. In Jan/Feb this year I transferred all my debt to a management company and they made an arrangement with Orange. I got a call today from a company informing me that Orange had transferred the account to them. They claim they sent me two letters and I can't remember receiving the letters, but Orange is still getting paid. Not to go on forever, the new company asked me for a payment agreement, same as the one with Orange. I informed them that I would need to look through my files or contact the DM Company to get the information. I told them that if I couldn't get it to them today I would do it tomorrow. They insisted that I have to get it to them this evening or they will commence legal proceedings. I also asked them to ask Orange to send confirmation but they said no. I am so angry with this company. The conversation was quite heated. The woman I spoke to simply wouldn't let me make a point at all. :mad:They have threatened to send bailiffs to my house. I told them that if they can't wait until tomorrow morning then they should do what they want. I am not sure what my right are, or if I have any? Are companies allowed to just threaten people in this way? Any advice will be hugely appreciated
  18. Is the debt a loan or credit card? I don't think they will come after it. The charge is aimed at making sure you pay them when you sell the property, assuming you have enough profit from the sale. If you have no intention of selling anytime soon they you should be fine. Try and get into a debt management scheme as soon as possible. This will freeze your interests. The ideal situation is to offer them a full and final settlement, but before you get there, there are several steps to take. You need to get the interest frozen. You also need to request a true copy of your credit agreement to see if the agreement meets the requirements of the Consumer Credits Act 1974. You should also send a Subject Access Request to try and claim back any charges they may have added to the debt. You may be able to reclaim PPI if you had one on the account. I would urge you to act quickly before they put you on the back foot and in panic mode, which happened to me, but luckily I got some good advice from members of this forum and it eased my concerns.
  19. Hello Rennuz The debt management plan was able to freeze all the interest on my debt and I am paying a much lower amount that I am comfortable with. This has given me the opportunity to sit down and really take a good look at all my debt and undertake some forward planning. The charge is now a permanent charge, but they can't make me sell my property. I suspect I can this reversed if I challenge it, but I am concentrating my effort on getting all my agreements through CCA requests and I am also looking at my bank charges and PPI on my credit cards and debts. Once you are able to get your debt into a scheme then you can focus on trying to get some of the unfair charges and PPI back. It may be possible for you to arrange the reduced payment yourself but I suspect it will take longer than if you got into a plan with a professional provider. Northern Rock are very aggressive and yet they were the first Bank to get taxpayer money. In the end they had to accept that I was just not in a position to pay. Now I don't get any correspondence from them which has made my life easier. I would urge you to consider it.
  20. I have also just noticed that the account number on one of my my credit card statements is always different to the account number quoted in other correspondence. I don't know if this has any relevance. The other credit card is fine.
  21. I received one CCA for a credit card and one foe a loan. I should be grateful if anyone can advice me on the enforceability of the agreement. I already received advice on the credit card and the advice is that it looks like it is not. The links are below MBNA LOAN1 pictures by odezi999 - Photobucket Pictures by odezi999 - Photobucket
  22. odezi

    Abbey's Tricks

    The point I was trying to make is that they should have paid the refund into the bank account to reduce the overdraft. Instead they paid it to the mortgage account which now means I have to pay them the money back, money I don't have.
  23. odezi

    Abbey's Tricks

    I contacted Abbey sometime ago about the charges on my account. At that time my account was over £800 overdrawn, all made up of charges. I asked them to consider paying back some of the charges and they agreed to return £750, but rather than using it to reduce the overdraft they paid it to my mortgage account which was in arrears. They are now asking me to pay back the overdrawn amount by the 15th of July or they will take legal action. I am not sure how best to proceed with this. Any advice or assistance will be hugely appreciated. I sent an SAR to them at the start of June and I have not received anything yet. I believe my bank charges in the last six years may come to over £5k
  24. I have written to Zurich who are now looking at my case. They have promised to come back to me within 6 weeks.
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