Hi Guys, The cancellation copy was sent to me in my subject access request. However they could say to the judge that the cancellation letter was received by mr x when he sent us a copy later on, and we dont have the original?? It will be my word against them, through the subject access request there was no mention of the cancellation stipulated anywhere just a copy of it??? I did send their solicitors a letter asking for the judgment to be set aside and they stated back that that they are happy that everything is in order and that they will pursue enforcement on the ccj. I feel that the judge will think I'm lying as the cancellation form cannot be proved, and that my change of address cannot be proved, WHAT THE HELL CAN I DO or am i still within a chance. I sent them loads of letters and never pursued the course i cant understand why they are being so pathetic about it???? more advice please?

hi guys thanks for the responses again, This is starting to really confuse me now, in one of my letters i sent them a copy of the copy i had that i sent to them cancelling the course. This might their argument in court where the copy of the form was what i sent to them which was to late in my letter after the course started??? I mean it will be my word against theirs??? One major thing that is puzzling me is that how do the distance marketing regs affect this, surely they must follow the guidelines of the oft. Also could you please answer the following to: 1. Is the default notice correct?? 2. Is the termination letter correct?? 3. How will distance marketing regs affect this as it was sent to my home to sign?? 4. Isn't the first agreement an application??? 5. Is'nt the second agreement the executed one??? (without my signature) 6. Are'nt they meant to give me 14 days to cancel not just 5??? 7. If its a revolving account isn't meant to state that??? SEE BELOW THIS TO DOES IT HELP HERE: 63. Duty to supply copy of executed agreement. —(1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, and on the occasion when he signs it the document becomes an executed agreement, a copy of the executed agreement, and of any other document referred to in it, must be there and then delivered to him. (2) A copy of the executed agreement, and of any other document referred to in it, must be given to the debtor or hirer within the seven days following the making of the agreement unless— (a)subsection (1) applies, or(b)the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement. (a)subsection (1) applies, or(b)the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement.(a)subsection (1) applies, or(b)the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement.(a)subsection (1) applies, or(b)the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement. (3) In the case of a cancellable agreement, a copy under subsection (2) must be sent by post. (4) In the case of a credit-token agreement, a copy under subsection (2) need not be given within the seven days following the making of the agreement if it is given before or at the time when the credit-token is given to the debtor. (5) A regulated agreement is not properly executed if the requirements of this section are not observed. PLEASE HELP GUYS!!!!!!!! GETTING WORRIED I FEEL AS IF I'M ON A LOSER????

hi, That's a very good point surely that just cant change the interest rate on existing goods purchased, otherwise they could charge 60% apr for instance because they feel like, we need more opinions on this in order to get clarity, my opinion would be that we had an agreement for the stated APR at that time, not a higher one????

After much research, i believe this to be a revolving credit account??? so where do i stand now, come on guys need your brains on this one!!!

now this is funny look at their latest agreement that is now on their website available for students, totally different compared to what i had????

then this is the termination letter:

Now this is the copy of the default notice i was sent:

Hi, Below is the cancellation form that i sent in the first place, this was discovered on my Subject access request. However i did keep a copy of the cancellation when i sent it originally for future reference.. thankfully

exactly, I did not sign a credit agreement with the OU and signed an agreement to pay money with the OUSBA, however the agreement states that i must pay fees of some sort but even so HOW MUCH????? I'm I write in saying to that the Distance Marketing Regs come into this as it was a long distance agreement, there is no mention of this in the agreement either??????????? what are my rights here to. I will also post up the default notice and the termination letter for you guys, Time is ticking and i need to produce a defence for the set a side also on what grounds to challenge this. I need more people to contribute your help really is needed now, thanks

hi postggj, the other guys seems to think that this seems to be ok, am i right in saying what i did in my previous post???? Getting confused on who is right or wrong here??? thanks

this is the second agreement

hi ker & grumpy, thanks guys for your replies, However, this agreement by no means necessary is still regulated under the consumer credit act 1974. The agreement must met all the prescribed terms and be cautioned upon the distance marketing regulations 2004!!! for example by giving the customer 14 days notice to cancel not 5 days etc. giving me pre-contractual info first to allow me time to consider under the OFT guidelines. The agreement does not state anywhere which course i'm paying for and for how much, they could have tried to have enforced for example £10,000 or my argument is that i only owe them £1. They cannot enforce something that is not signified under the 'four corners' of the agreement, cannot be on seperate forms. The agreement you saw first in my opinion was an application, which was signed by me on the 26/05/07, i then received in the post on the 3rd of june 2007 another agreement with my details on it plus my right to cancel. So i signed the form sent it back to cancel and not resign the new agreement. The course was not starting until Nov07, and nowhere in the cancellation form did it mention i had to cancel with the OU, i would have expected them to have cancelled the course as i was cancelling the funds. Surely it cannot be a running credit agreement as it does not offer a credit limit???? anyhow please see the second agreement below, now i dont know if this is right to as they signed the first agreement on the 04/06/07, and on the secong agreement another signature stating the 03/06/07, this did not allow me the required time to cancel the course and they just signed it anyway??????? Please i need more help with this, and surely postggj cant be wrong???

hi guys, let me just clarify for you, perfect home is definitely the same as bright house, the company is run by ex-managers of bright house and also the ceo is in charge of perfect home who was from bright house!!! The company will treat you exactly the same as bright house so please be careful, its a dying breed now as people are more savvy, also keep the OFT debt guidelines close to your heart as this will be your bible. Dont buy from them you will regret it, save your money, otherwise you will be paying for refurb TV's etc for years. I KNOW THIS BECAUSE I'M AN EX-EMPLOYEE.

thanks postggj, look forward to your defence over the next few days for me, you have been an inspiration a great cagger thanks

ok postggj, thanks is the agreement definitely unenforceable??? 1. missing Prescribed terms 2. Not stating which agreement it is i.e. fixed sum loan etc 3. does not state what i'am paying for

hi, the course was cancelled with the ousba, i only had 5 days to cancel this, anyhow nowhere on the cancellation form did it state that i needed to cancel the course with the OU. The course if i remember was only £640 i think and payable by 8 monthly installments, i cant see how it could be a running agreement as it was only applied for this term, it was not a 3 year course or anything, just a course to top up my degree. anyhow i think (please correct me if i'm wrong) 1. I cancelled the course end of 2. The agreement is unenforceable because it does not state what the agreement is trying to enforce??? 3. They did not change my address as they dont verbally record calls so i cant physically prove otherwise, my word against theirs. please help!!!!, postggj you there mate??

thanks andie, I just want rid of the car now as i have lost all faith in welcome finance and that the car was never worth its money by far, a lesson learned!!! If anything goes wrong or they try and imply anymore costs then i will definitely go back to my case with FOS and pursue damages and also trading standards have involved themselves now so hitting from all angles. The funny factor is they watch this forum with great interest it must be sad as a business that their training program to new starters will consist of 3 weeks training of observing the 'CONSUMER ACTION GROUP FORUM' in order to tackle the extensive complaints. as they saying goes 'what comes around goes around'

Hi Grumpy, Thanks for your input, I actually cancelled the course within their specified days however they denied this and continued to pursue me. I changed address to which i did notify them however they did not update and sent everything to my old address???? The agreement is complete nonsense i believe, i dont actually know what i'm paying for nor is there any credit amount stated??? I must disagree that it is a running agreement, because this would have been used to pay a lump sum of the course and then pay back by monthly installments???? however i dont know what i'am paying for as there is nothing describing any amounts or what the characteristics of agreement is for??? more advice needed thanks

hi guys, could someone look at my thread please Ousba - Default Notice And Ccj Wrong!!!! thanks, there is an agreement posted on there

Hi guys, i have attached a link for someone to also have a look at and check to see if this agreement is unenforceable, also please read my thread to get understanding!!!! so far postggj has been a great help, more advice appreciated thanks

Hi all, Some advice please; I have received a letter today from additions direct catalogue, they have announced that the APR will increase from 39.2% to 44% can they do this????? Also on top of the letter instead of the company called additions it is now called 'very'???? any help

update: I have received the letter from welcome this morning, recorded delivery. Its my termination letter that states up to 50% of the value of the car i'm still liable to pay minus monies already paid leaving me with a balance to finish paying. However i still need written confirmation that my credit file wont be affected and also that there will be no more additional costs!!!!! I guess i will need to speak to the account manager again. It is the result i was looking for, however not completely satisfied yet!!!! any suggestions????

Thank you!!!!!!!! you are a complete gentleman!!! I love to get this sorted now and hopefully it will help others. speak this evening thanks again.

postggj who there??? thanks

UPDATE: Just received a phone call from welcome, the account manager stated have you received your letter, i said no, i stated are you sure you have my new address that i updated with you back in nov2008????? Answer no: so all correspondence gone to old address Looks like i will get it by wednesday this week, they then had the cheek to ask for payment, i stated not until i see whats on my letter, as we discussed!!! MORE GOOD NEWS WELCOME HAVE REPLIED BY TO MY LOCAL TRADING STANDARDS, SHE IS INVESTIGATING AS WE SPEAK, SO I HAVE NOT TRADING STANDARDS AND FOS SERIOUSLY INVOLVED IN MY CASE. PLEASE WELCOME DONT LET ME DOWN, OTHERWISE I WILL HAVE TO TAKE THIS ALL THE WAY.