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Trudy B

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  1. Hi Halibutt This is what i am referring to from that document link 62 Duty to supply copy of unexecuted agreement (1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, but on the occasion when he signs it the document does not become an executed agreement, a copy of it, and of any other document referred to in it, must be there and then delivered to him. (2) If the unexecuted agreement is sent to the debtor or hirer for his signature, a copy of it, and of any other document referred to in it, must be sent to him at the sa
  2. Hi there! That's great - thanks The cancellation rights has been puzzling me. I have been looking at this today. http://www.johnantell.co.uk/CCA1974.htm this seems to day that the should have given details of how to cancel and whom to write to on this application form which they want to say is a properly executed agreement? All the box states is that cancellation details will be sent in the post. is that acceptable and compliant? This document has also alerted me to section 63 and 63 Am i right in reading this to mean that once i had signed and sent off the applicati
  3. Hello I have received copies of the application forms which the OC and DCA believe are properly executed credit agreements. one was a charge card account the other was a "personal reserve account" where you wrote cheques. CCA1 dated 1997 - charge card account later they changed it of their own will to a credit card There is no credit limit, no loan amount, no interest rate on the form. i.e. four corners of the form There is a box with the title "Your right to cancel" This box then states "Once you have signed this agreement you will have a short time to cancel it. Exac
  4. Hi Supasnooper Thanks for yoru help today. The court hearings for the charges have been and gone - now they have the charging order they are putting the screws on to get money out of me that i simply don't have. That's why i am after some info to try again and get the judge or someone to agree to £1 pm I am not keen on going back to the CCCS - it was them who said oh it'll be fine, they very rarely go for order of sale and other stuff and the reason why I have other CCJ's which i now know i could have easily fought due to lack of properly executed CCA contracts. Does anyone
  5. Hi Zamzara Great - That's very handy, I would very much like to read all about that - how do I get the information about the rules and regs Schedule 5? Are there any links you can help me out with perhaps or is it available on the web or do I also need to write to them and ask them for this information too? T
  6. Hi Zamzara This year I have not got to any of those stages yet - they came round and got all the info they requested, they made whatever assumptions they did and sent a new assessment asking for money With this new assessment the letter also said a) please send us more info, they did a list. I sent this all to them and they have returned the originals. b) if you don't agree with the figures let us know. Therefore I sent the info above and I said no their assessment was wrong and here's the info to justify it. Due to the hell they put me through last year I also request
  7. Hi Supasnooper Thanks for those – some of it I understand, some I don’t. To clarify there are 2 charges in total on the property :- 1) the main mortgage 2) a personal loan which they have now turned into a charge via the court Is there a sample letter or wording somewhere where I can write to the sols and say I can only offer £1 and no more. If you go for an order for sale there will be no money for you as the negative equity means the first charge mortgage will not be paid let alone you and your clients? .. and of course any other law or proper wording I can quote use? t
  8. Hi Zamzara They don't target fraudsters, they treat everyone as benefit cheats and you have to prove otherwise or they get the bailiffs in! Well exactly. That's my point. They have made various very incorrect assumptions regrding my income and have totally disregarded my accounts which include the business expenses. I went through all my bank statements and income and everything with the person they sent. Complete and utter waste of time. It also looks like they are also trying to treat the money my mum gives me so that i can actually survive as income and my brithday money and
  9. Quick update here Complete utter and total waste of time and space. Yes, it was nothing more than a fishing expedition to snoop round my house. So they came round and I gave them all the info they asked for – I even photocopied it for them. Then I got their life story and although they had only ever worked for the council and only for a few years, with no degrees or professional qualification may I please add, they then started trying to dole out careers advice! Off they go then they write back with more stupid questions, want more info and looks like they have made a whole hos
  10. Looking for some ideas on what to do next if anyone can help? Had a loan and couldn’t pay so offered £1 pm as it was all I can afford. Agreement was pukka. Didn’t know how to fight it and they got a CCJ, offered £1 pm again and immediately went for a charging order. CCCS said all would be OK – yeah right! So this is a now 2nd charge. Now they say if I don’t offer them more they will get an order of sale. Thing is the house is already mortgaged up to the hilt, there is £25,000 negative equity plus all the costs that they would have in selling so if they did go back to court and get th
  11. Thanks Supasnooper – that’s great! I have copies of the recorded delivery documents and their signatures etc as proof of received it which I can show the judge. I also sent in the court with everything twice with the AQ including the Draft Order Directions requesting documents be produced or the case be struck out – this is what the judge is ignoring. Any advice re that? T
  12. Hello everyone Quick update AQ went in with draft accompanying letter and Order for Directions and result was a one month stay was given. Still received no reply to the CPR 31.14 from DCA’s sols so sent back another AQ by the stated date and the upshot is a Case Management Conference. What’s that all about then? Why is the court choosing to completely ignore the fact that the DCA’s sols are completely ignoring the CPR31.14? Are they effectively allowing the case to go ahead without the DCA's sols providing anyone with any proof of anything? Any ideas anyone? T
  13. Hi Angel Quick update - progress has been made! The fight is still on for the additions charges but we won the PPI - Hooray! Full refund for umpteen years being refunded plus interest. Please everyone, don't give up and most certainly don't let them fob you off with clap trap! Best wishes T
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