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Everything posted by WT2010

  1. If you are entitled to legal aid, and have a solicitors bill, does the legal aid contribution go against the bill to reduce it - or should it clear the whole thing? Sorry if I'm sounding stupid - just don't understand how it works!
  2. Hi everyone, Sols for RBS (Shoosmiths) keep threatening to issue against us, and this is the last thing we sent to them:- Your letter is incorrect and frivolous, both yourselves and your Client remain fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983 They have now come back as per below. We write with reference to the above and understand that you deny that you are indebted to the Bank and, in essence, allege that the agreement referred to us is unenforceable on the grounds it is allegedly: 1. improperly executed 2. devoid of all prescribed terms; and 3. deficient in respect of detail relating to APR, total charge for credit and statement of rights, remedies and protections. In the circumstances we assume that you have in your possession a copy of the agreement and would be obliged if you could provide us with a copy of the same so that we can determine whether it has all the fundamentals included in it. We are concious of the need to progress this case, and trust, therefore that you will forward a response by 4pm on the 4th November 2009. What do we do please?! Any help gratefully appreciated.
  3. Can anyone help please? My mum instructed a firm of solicitors after her divorce to deal with the transfer of the marital home into her sole name. The solicitors took over 5 years to do it, cocked up repeatedly, and didn’t actually do the transfer until a few months ago. My Mum is disabled and therefore entitled to legal aid. The solicitors told her at the time that if the legal aid doesn’t cover everything there may be ‘a small charge’ which she would have to pay. Five years later they have now told her that amount she will have to pay is nearly £4000.00, and they want to secure it via a charge on the house and charge 8% interest until it is paid. She has repeatedly asked for a breakdown of the amount they are trying to charge, and is still waiting. However, they are pushing for her to sign the document saying she will pay and allowing them to secure the charge and charge interest. Does she have to pay?
  4. Our bank have threatened via solicitors to issue proceedings unless we pay (first letter) the full amount, then (second letter) monthly instalments. We have held out as they have admitted that they cannot supply the agreement. They are still threatening to issue proceedings - can they do so?
  5. Hi We haven't paid our bank loan for over a year as the bank have admitted they can't supply the agreement. However, this is registered now on our credit rating as 9 missed payments - can we do anything about this??
  6. Hi Ida Thanks for the reply. No by email I sent something similar but nowhere near as good! I will send yours in writing to them tomorrow. Many thanks, much appreciated.
  7. Can anyone provide any thoughts on what may happen with our case next please? We took out an unsecured bank loan for 25k. Last july we sent a cca request. They failed to reply. We sent another letter a month later again asking for a copy of the agreement warning them we would cease payments if they failed to supply etc. They didn't supply so we stopped paying. To this day we still haven't received a copy. A few months later their collections dept stepped in and we told them unless you supply the agreement the account remains in dispute/unenforceable etc etc. They admitted both verbally and in writing that the agreement cannot be located and they therefore cannot enforce it. Their debt management co then stepped in, ringing us countless times a day despite being asked again to supply the agreement. It got so bad we made a formal complaint to the Financial Ombudsman. The dcc then backed off (we thought it was because they had received our letter notifying them that the FO was now involved and we should await their investigation) however, we have now received a letter before action from their solicitorswarning they will issue in 14 days. Have sent them an email saying the usual - we've made a legal request, it's in dispute and cannot be enforced etc etc, and informing them about the current investigation by the FO. Can they actually issue against us despite having no agreement? I'm new to this and would be very grateful for some assistance. Thanks.
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