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Everything posted by Montoonie1

  1. Have to presume that the loan is a Hire Purchase or Conditional Sale Agreement. Ordinary finance is unsecured and there would be no right to repossess the car. If it's some form of other secured loan where the car is held as collateral, the company would have to have a Bill of Sale lodged with the Royal Courts of Justice, and that's just too much hard work. If it's a Hire Purchase Agreement you have and have paid over a third of the repayments the car cannot be repossessed (which is also known as "snatching back") without a court order or your consent. As "wannabedebtfreesoon" advises, if you
  2. I haven't read through the whole thread, so I don't know if I'm repeating something already provided by other eminent caggers. I've recently learnt some stuff on "no win - no fee" (NWNF). As I understand it, there are two types of NWNF fee arrangements: conditional fee agreements and the other one:D! The conditional fee agreement is one where there are no up front costs. If you win your case out of court the solicitor will take 25% of any monies recovered (which I believe can still be claimed from the other side - not sure:idea:). If you end up in court, you have to pay, on winning,
  3. Sorry, forgot to add. Ask lawanswers what the grounds are for constructive or wrongfull dismissal. Keep the question simple to add to your bank of knowledge. M!
  4. JigaloJim No one is obliged to work for any organisation, and particularly if the treatment they receive is poor, if down right illigal. What is clear, is that if they want to dismiss you, they'd better dot the "i's" and cross the "t's". Bringing any action for wrongfull dismissal is, I was told by a Union specialist, a complex and difficult endeavour and however angry and dismayed you might feel now, it may be best to hold onto the job you have rather than potentially shoot yourself in the foot. You can always attempt to find a new employer elsewhere and leave with continuity of employme
  5. I don't know enough to help, but it's not clear whether you have left your job. As, I understand it "constructive dismissal" alludes to the fact you have left your employ under intolerable circumstances, such as sexual or racial discrimination, or harrassment of one form or another. if you're sacked wrongfully, then that's wronglful dismissal (I think). So if you've not left your employment voluntary or otherwise you have no "dismissal" case.
  6. I have, in my spare time, produced a constitution for Great Britain and Northern Ireland entitled (slightly tongue in cheek) a New Model Constitution. I've presented it to the leaders of our main parties and received some polite responses. I've given it to a great liberal and published thinker and got no real response. I've given it to a well known journalist with only a promise some time a go, "to look into it". He may still be doing so . Left with little articulate response, I wondered where I could get an opinion... ...the subscribers and contriubuters to this site (you), I have
  7. djc Of course, I'm not going in there head first. There is a polite letter out to test the waters and get some clarification from Santander first. You can't rush these things. M1
  8. Hi djc I see what you mean. The S78 request was made to GE money: that is the address on the credit card statement and any previous communication was to, and from, 'GE Money'. Something has clearly happened, the letter that accompanied the S78 return was headed "Santander Cards". The statement of account was for GE Money and "Signed on behalf of GE Money". It may be that Santander has an outsource agreement to administer GE Money accounts - my wife (it's her account) has had no correspondence to suggest Santander has aquired GE Money - but then GE Money has had significant credit cru
  9. Hi djc Thanks for your input. It would seem to me to be common sense that if the account number is assigned to the agreement it needs to be unique and if changed would require a new agreement. But whoever said the law makes any sense! This change was from a store card to a credit card and I know the two things to be materially different in purpose and scope (Ooo! I seem to be forming an additional argument:rolleyes:!) I have written a polite note asking for clarification and I will have to wait for a response just to see what happens. I get the impression the more legally stride
  10. Thanks Bankfodder. I'll drop them a very polite line or two with your comment in mind and see what the response is.
  11. Think I might have posted this orignally to the wrong issue group. Or, really, no one is able to answer... But, I'll try again here (with some additional detail) if I may: Received a s78 response for a credit card in the prescribed time limit, which is OK. The account number, however, does not match the credit card number or the account number under which the request was made. The original agreement was for a store card (Debenhams). In 2006 received a letter stating the store card would be replaced by a credit card and that unless a refusal for the card was put in writing, the c
  12. Just had one more thought. If they're charging you for the services of a debt cousellor that you don't want and have stated that you don't want, to do so successfully requires that you must have signed a contract that permits this activity (and at the time of signing this was made clear to you)? Does your contract contain such a clause... are your mortgage company insisting that this is policy - and THEREFORE CONTRACTUAL??? Trudy B this is a bit of a punt, but forget regulators, go back to common a goodness contract law, it's much firmer and that's either way (that's what this site i
  13. similer just enter the URL goodmanderrick.co.uk/news/documents/personal_guarantees.pdf. Dont forget the 'www.' I've not included it so you can see the URL properly:) M1
  14. No... it's definitely Welshmen, but only those found within the city walls after midnight on a Saturday night. They can party on down and get bladdered right up to and including midnight... after that it's the gibbet!
  15. Trudy B Anything the FSA advises or requires firms to do in regulations will be considered by the FOS. If there is a case to answer the FOS will put it to the mortgage company. All the FOS can ultimately do is, if the financial firm is considered to be in the wrong, put the customer back to a position he/she would have been in had the regulatory infraction (miss-sell/improper behaviour etc) not taken place. There is no specific information on "debt counsellors", particularly ones you have to pay for. But this is why financial service firms are heavily regulated - they cannot be trusted to
  16. As far I understand it all businesses carrying out credit activities (including debt collectors) have to be licenced under the CCA - there are some exceptions, but these are usually regulated through the FSA or other regulating body or act. Securitised mortgages can be owned by anyone (they were about on the open financial markets) but are usually administered under the purchasor's name by a handfull of outsourced mortgage administrators and this can be up to three layers deep! But that does not mean that the regulations do not apply. I doubt these people who are visiting your home are de
  17. Did some additional fishing. The FSA are taking a dim view of over zealous approaches to customers in mortgage areas and provide guidance of good and bad practice. One of their suggestions of good practice is as follows: The lender encourages customers to contact sources of free independent money advice, for example by sponsoring a dedicated telephone referral line for their customers. Customers are also actively encouraged to examine the possibility of making insurance and/or state benefit claims. Customers in arrears, or at risk of experiencing payment difficulties, a
  18. It may be worth first telephoning your mortgage company to find out who this "debt counsellor" is and if he/she is from the company politely pointing out that its not required. In addition, I cannot conceive that the FSA or the Ombudsman would permit a mortgage provider to charge for "debt counselling services", especially if it has been refused verbally and/or in writing. In any event this does not sound correct. I have worked for major mortgage providers and in no way would they have wasted money on debt counsellors (or charged them to a customer) - debt advisories were in written form
  19. I have decided to throw down the gauntlet and used an amalgamation of letters, including Clemma's, to basically illicit a response with the signed copy of the agreement and if not the account is to be closed. Will let you know how it goes. Trying to keep
  20. Received a s78 response for a credit card in the prescribed time limit, which is OK. The account number, however, does not match the credit card number or the account number under which the request was made. The original agreement was for a store card (Debenhams) in 2006 received a letter stating the store card would be replaced by a credit card and that unless a refusal for the card was put in writing, the card would be sent. Card was duly sent. Does the agreement for the original store card automatically constitute an enforceable agreement for the new credit card account even if th
  21. Found this www.goodmanderrick.co.uk/news/documents/personal_guarantees.pdf which you may find of interest. It discusses your very problem. What is clear in the above is that like anything else, there is a contract here. You need a copy of the contract to study its wording - I find it hard to believe that a contract is not limited in its scope.
  22. Thanks for that. I am of the opinion that they don't have a signed agreement, which is enforced somewhat by the tone of the rest of the reply - as you said, what could be easier than supplying the signed copy and demonstrate that you're in control? I'm at the beginning stage with Halifax; they have replied within the 12 day period. And I presume they have avoided default, but only if it's a "true copy" of the agreement, which I doubt. Is there a letter template that says "I don't believe this is a true copy, etc?":| I've also just realised... concetrating too hard on the cover l
  23. I have received two "copy" agreements in response to a section 77/78 request. These do not have signiature blocks or dates of signatures (or account numbers). In its reply Halifax stated "The copy of the agreement with this letter complies with the requirements of the Consumer Credit (cancellation Notices and Copies of Documents) Regulations 1983 (the "Regulations"). Regulation, 3(2)(b) provides that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your clients signature on it. By providing a copy of the agreement complyin
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