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donein

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About donein

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  1. First all well done! Second of all thanks for sharing your good news! Dealing with these companies are awful and many many people are struggling. So well done you for getting control of over the situation!
  2. Hi thank you for taking the time to comment - much appreciated! Yes the whole idea is that there will be a pool of money to pay for legal representation at the hearing in the form of a barrister or solicitor. AS for the interaction with the Pro Bono unit - honestly do you really think they would represent us ? No it seems from what I have read they direct their funds to other types of cases. I have no idea what FRU stands for. I appreciate it will take a while to build u a fighting fund but I believe if we all pull together we can do it. As for determining cases - for that I need a panel of volunteers to assess. Clearly I want to help everyone but this is not possible but at least we can help support some which is better than nothing for a start! Simply put I cannot do this alone. How many threads have you read where the OP states if only I could have a solicitor at the hearing?
  3. May I also add, I would really appreciate feedback And I would love suggestions for a more apt name !
  4. Hi Guys Firstly may I say I find this (& other) forums absolutely fantastic and it's a great platform for thrashing out / learning / research and help It's great to converse with like minded people. But there is just one problem ....and from the people I have spoken to, I am not the only one. Let me explain. We have a scary, unnerving and stressful legal issue, a lender is taking us to court for one reason or another such as our home is being repossessed or a debt we have not paid. So we come on to the forum, get tons of great help and advice and work out that we are right and they are wrong. But that court looms and we are not so confident in person. In fact, I would add that if we were not fighting for ourselves we would do a better a job as in that instance we can distance ourselves emotionially. In essence, I think it is fair to say by the time we get into that court room we may at times, lose confidence, doubt what we have learnt and doubt our position. We don't fight as hard as the opposing solicitor and barrister and why would we? Perhaps the nerves get the better of us and we don't articulate well enough, so we lose the case when we should have won. We are just normal, everyday people with no legal training, no court room experience and it's like an exam we fail or we pass. Some of us do good and some of us don't do ourselves justice. Let's face it in an ideal world, we would not need this forum because we would just instruct a solicitor/barrister irrespective of cost and leave it up to the experts. But in reality, we need these forums because we can't afford expert legal help. Yes it is rewarding when we succeed and we should not give up. I believe we are all too much subdued when it comes to negotiating with the opposition. I believe we should take each case on its own merits and they cannot be treated as 'blanket' cases with a one size fits all approach. I think in our grasp for help and justice we have at times taken the wrong approach and tried to argue our cases in court using the one size fits all approach without the legal nouse to argue it upon further scrutiny or articulate the poiint well enough to the judge. We accept the outcome, wrong or right and at times kick ourselves for not being better So where am I going with all this. Quite simply I want the next level platform to be available to all that need it. The next level platform, is in a nutshell the expert legal representation at the hearing. We have this already using the direct access barrister route but how many of us can afford that? I couldn't. I expected the barrister would cost me approx £400 - £1000 for attending my hearing. I was wrong. He wanted £800 just to look through the paperwork so far before he would decide if we would take the case. To attend the hearing was additional costs. I was gutted and represented myself. I lost but I firmly believe the outcome would have been different had I legal representation. I was made bankrupt but appealed successfully so the Judge annulled it. I had to borrow money from friends and family to pay the legal costs. It was a horrendous time. My friends bought a property in Florida. They got into financial trouble and a legal company is pursuing them for over £80k in the UK courts. From everything we have learnt they are in the wrong. But my friends are almost paralysed with fear. They cannot afford legal representation and despite having legal cover on their home insurance they are not covered. Another friend was about to lose her car through non payment even though it was the lender who refused accepting payments. She represented herself. Won but now fighting them again becuase the lenders amazing are brazen and use unbelievable dirty tricks and lie. She has been to court twice and despite winning is out of her depth. having representation at the hearing would take the pressure off. I could go on and on with cases that I know have been won and lost, but the one thing they all have in common is that they would have preferred legal representation whom are experienced at trial using the correct 'legal language' and at a level the Judge respects and listens to. So, I have started a non-profit organisation to raise funds to pay for that specialist, qualified legal expert representation to attend the hearings on our behalf. I have gone non-profit as opposed to charity as it is quicker to get off the ground. TO be a registered charity we need a minimum of £5k to get going. But regardless, the status may change. I obviously need as much help in this as I can get from donations, to people giving their time, fundraising and awareness. I will not be drawing a salary but giving my time and anything I can to get help to anyone who needs it. PLease don't let me do this on my own. So far, I have been donated mini some teddy bears, silver plated picture frames & travel alarm clocks to sell to raise funds. I also am in the process of putting together a monthly legal newsletter that will update you on legal case, contain a real life in depth case study - a valuable source of ammunition, help and a fantastic learning aid, the first case study involves a nationwide credit card with a legal battle that went on for over 3 years. It highlights the claimants behaviour and to find out the outcome you will need to become a member. A fantastic tool for all of us to learn from & compare notes This newsletter will be distributed to our members ony. Club membership costs £3.00 per month Membership will cost £3.00 per month. Teddies cost £2.00 Teddy key chains cost £3.00 Picture frames cost £10.00 Travel clocks cost £5.00 Every single penny counts. Donations gratefully received. Please help me with this crusade. My initial target is to raise £6,000 which will determine the ongoing status, part pay for the next printing of the second months newsletter and more importantly pay for at at least 2 cases. I intend on doing as much fundraising as I can and would welcome any suggestions. I have already set up banking, merchant services for taking payments. Have raised enough money for a website to be created to get the message out there. So please, how can you help me? Apart from money, I also need to hear from people who need this service. I welcome your thoughts as always, I implore you to join the 'club' and sign up for membership costing just £3.00 per month. I also need anyone prepared to give up a little of their time to assist me in this project. Please pm for details. I will continue to udate this thread. Thanks for reading.
  5. Hi Nat I am sorry to hear of your difficultites. Perhaps you could clarify a couple of things; What are your grounds for set aside application?
  6. i know how hard it is and frustrating. There is nothing you can do in regards to taking action against the letting agent for not protecting your deposit sooner. you need to focus on getting your money back.
  7. Well the process of getting your money back will be dependent on which scheme the landlord or letting agents uses. There are 3 main ones but bear in mind some letting agents are also authorised. do you know which scheme? The landlord / letting agent should really conduct a check out of the property within days of your vacating it. It will be at this point any disputes arise. The letting agent SHOULD give you an opportunity to rectify any faults and prior to getting any work done they MUST have your consent and at least 2 quotes. You should be able to claim / write to the TDS as soon as you have vacated and ask for the form to claim back your money. You have 28 days usually to lodge a disagreement but frankly i would do it immediately if you dispute. If you cannot agree you have the ADR So; 1). Find out exactly who holds your deposit - you should have been notified and given a unique reference number. 2). Write in /log in and request / download the deposit return form. 3). Complete the form and return it. You may want to get the agent / landlord to complete their section beore returning it. 4). My advice is to get cracking / ignore any excuses to delay from the landlord - use your reference number to start the claim. Do not leave it later than 14 days.
  8. I too have a secured loan with Kensington and cannot make out how on earth they have calculated the interest. I have checked out my terms and conditions but it does not mention any reference to KMC standard rate but I guess that is because it is a secured loan as opposed to the first mortgage maybe. That aside, as I said I cannot work out how they calculate the interest. For example, the expected monthly payment is £399 but the interest added on the same date is £607 ???? It really doesn't make sense. Also the terms of the agreement state the first payment is due on the last working day of the month following the month the loan is advanced. ie. I assumed therefore, as I got the loan on the 28th Feb for example, the first payment is not due until on the 31st march Yet between the loan completing on 28th and 1st March they have added a whole extra months interest, a further £24 for completion int ? (whatever that is) and according to the mortgage transaction statement it states:- 27/2 New advance £25600 27/2 Completion Int DR £24.13 1/3 Inerest debit £374.32 1/3 Interest credit £0.35 1/4 STARTING BALANCE £2598.10 How much sense does any of that make??! i get the loan 28/2 and with one month - before my first payment is due it has increased to £2598.10!!!!! Then on 1/4 I make my first d/d payment and they add on a £357.33 - this i expect. What I didnt expect to see was a months interest added on just 2 days after the loan was completed. Anyway, as a secured loan is it still possible to reclaim direct debit fees and monthly arrears fees ??
  9. inventory - i will forward you a template to follow and step by step instructions - if you follow them you will reduce any risk and insure against damage. Agreement - must be compliant - oft complaint if poss. - can provide you with one. And give you instructions. A few other things but pm me and i will assist and advise. I have tons of experience in lettings (well over 15 years) and specialised in problem tenants and landlords. I have no problem sharing my expertise to help you through. Please pm me for more help
  10. I do appreciate your help by the way - I just dont get why it states the total amount of loan /credit is £25600 and you say the agreement says the total loan is £25000 Thats not what the agreement says. Please just forget the total charge for credit at the moment - i understand that.
  11. QUOTE=ims21;3569832]Hi Amount of credit as required by CCA is £25,000. The £600 broker fee is classed as a Charge for Credit and is shown in the charges section of the document. They did still lend you that £600 but it is not classed as part of the total amount of credit. To answer your question in post #13, the agreement says that the total amount of credit is £25,000 not £25,600. But thats my confusion. The agreement states the total amount of credit is £25600 How come you keep saying the "agreement says that the total amount of credit is £25000 not £25600" AND the confirmation letter says "We confirm that your loan of £25600....." You did borrow £25,600. Remember, the total amount of loan is not necessarily the total amount of credit under the CCA. And yes it can be confusing for people and in an ideal world thse things should be explained better at point of sale in my view. You did actually borrow £25,600 but you have to think of it that £25,000 is declared as TAC for the CCA and £600 is classed as a Charge for Credit as per the TCC SI. You were loaned £25,600 in total but refer to previous writings about how TAC and TCC are declared.TOTAL AMOUNT OF CREDIT IS SHOWN ON THE AGREEMENT AS £25600 NOT £25000 AS YOU KEEP SAYING.
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