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HammyUK

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About HammyUK

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  1. Quick letter to HSBC recently about PPI on a loan I'd forgotten about - letter back, Dear Mr Hammy, £4253.00 into which account? No query, no argument - just paid out! So now to go after the insult they offered on the credit card they defaulted me on seeing as they paid over £4k back to the wife's CC recently too without complaint yet offered me less than £1600 on over £4500 owing PPI/Interest/8%.
  2. Cheers B - not at the moment but was wondering if there was anything within the CCA that prevents them. As sec.90 prevents them taking the vehicle because it is "protected" - surely there is something about termination and rights, etc? TBH - I may just tell them to see me in court as there is already a DN on my file and the car is safe for now. If they want to come and take it then we're quids in again because of sec.90 - they would have to return everything we've paid to date which isn't far short of £20k Add to the fact that the DN on my file has been removed and replaced with
  3. Right had several emails from their legal team acting on their behalf. Basically they can't add up!# Have one of them stating that the figures they have "from our client" showing us as being rather "in credit" and now another one of them is trying to ignore these figures and tell us that we have 7 days to cough up more money or "they will re-activate the agreement and re-issue another default notice"!! How the f*ck can they do this? I'm certain its not legal - anyone got an idea which section of the CCA might have a protection to this? The vehicle is protected under sec.90 so they can
  4. So reply to my letter - basically "Bog Off". They claim delay in posting because of bank holidays is ok. They claim they allow 16 days as standard even though their DF was tosh. They claim that I didn't make the payment until 8 days after the deadline even though I have the faster payments receipt showing the funds in their accounts within 2hrs of making it. Will have to wait to see what their next move is I guess...........
  5. They didn't issue another one though - thats the whole point! Also there is this - Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but gives rise to a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119
  6. Well they terminated the agreement and have now placed a DEFAULT on my credit file. Solicitors letter asking for the "voluntary return" of the car too. Promptly told the Solicitor what they have done and they are "looking into it whilst the account is placed on hold". As far as I'm concerned - no agreement, dodgy DN and termination letter - they can go swing, no more money from me again. They didn't reply to my recorded delivery letter either in any way so I guess the "14 days or account settled" clause has kicked in.............
  7. Look for Woolich v Koporah - you can claim for damages to reputation, costs in curred in extra charges/interest, etc. One of the site team will no doubt pop in and give you the exact case law, etc BUT go for the throat with them - no default notice = no default = big stum for the bank.
  8. Thats my thought but they still sent the termination letter AFTER they received payment! They refuse to acknowledge it being incorrect and then "allowed" an "extension" to the 16th.
  9. Hows this for a letter to them? HammyUK Blah de Blah Alphera Financial Services Europa House Bartley Way Hook Hampshire Date: 20th May 2011 Your Ref : DN/123456 Agreement number: 123456 With reference to your recent termination letter received today the 20/5/2011, I would like to outline certain points in error. Firstly, the monies legitimately due were paid unto you on the 18th May 2011 in line with the correct legislation and the requirements set out within for the prescribed timescales. Secondly, your default notice dated 21st April 20
  10. If we give the car back - I know damn well they will shift it on at a loss and come back for more. The wife definitely wants to keep the car though - will write them a "stern" letter pointing out their "mistake" and go from there.....
  11. But thats the point - they didn't issue another! And why can it NOT be defective if it does not allow the REQUIRED timescale as set out in legislation? They let the defective one run and have now sent me a termination notice asking for "voluntary return of the vehicle" or they will apply for a court order. I can clearly show the defective DN allowing me less than a week to remedy AND the date it was remedied even though it was defective. [edit] we have paid way over half of the debt - the DN clearly states that "if you have paid over one third of the total am
  12. Guys - received a default notice from Alphera Finanacial (BMW Finance) recently. The letter is dated the 21st April The Franking is dated the 26th April I received it the 28th April The Remedy date is the 8th May. Now this left me no time whatsoever to remedy the breach in time. I contacted them the day I received it and queried the remedy date. I didn't mention the DN being defective - purely the remedy date........ They told me over the phone that they would "allow" me until the 16th May to remedy as a "good will" gesture. With the bank holidays on the 29th and 2nd the 14 c
  13. Cheers Slick - they (via Lowell - last month) sent an application form that was done in branch but thats it - no T&C's or prescribed terms, etc. Now Lowells have "passed" it to Red yesterday so they have had both barrels via a recorded call - outlining all of the breaches, failures, etc and giving them 21 days notice to remedy it. I will be doing a LBA next week to them all, mentioning the call to them and the fact that they have X days left, etc. The PO was cashed back in 2009 by BC along with the £1 for the CCA which never materialised either.
  14. Guys - received a default notice from Alphera Finanacial (BMW Finance) recently. The letter is dated the 21st April The Franking is dated the 26th April I received it the 28th April The Remedy date is the 8th May. Now this left me no time whatsoever to remedy the breach in time. I contacted them the day I received it and queried the remedy date. I didn't mention the DN being defective - purely the remedy date........ They told me over the phone that they would "allow" me until the 16th May to remedy as a "good will" gesture. With the bank holidays on the 29th and 2nd the 14 c
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