Jump to content

 

BankFodder BankFodder

socleirigh

Registered Users

Change your profile picture
  • Content Count

    60
  • Joined

  • Last visited

Community Reputation

1 Neutral

About socleirigh

  • Rank
    Basic Account Holder
  1. I requested a settlement figure last year and Swift provided one with charges added to it. I had never missed or been late with a payment, so I couldn't understand why there were charges to my account. There were charges for late payments, bounced DDs, letters at £23 each, and even a £23 charge for reading a letter sent by my solicitor to them lodging a complaint. Last month I made a complaint through their website and received a letter saying that I was right and that the charges with interest would be reimbursed. I haven't had a statement yet to show that this has been done yet, but hopefully my account has been rectified.
  2. Thanks for the advice. When I handed the goods back, they said they were keeping the deposit to cover slight damage to it, and that was all they said - no mention of outstanding balance until now (14 months later)
  3. Hi, I took out a HP agreement for 36 months in August 2008, and kept payments up to date for 11 months, but then I had to return back the goods and stop paying as I could no longer afford it. I had no communication from the supplier of the goods for over a year, but today I received a statement saying that I owe them the remaining 25 months, which is £2,937.50 Can they ask for this full amount. If I were to pay it, they would have all the money under the HP agreement and the goods, and I would have nothing. Surely this cannot be right.
  4. That last post made me laugh. Emmetts offering to re-audit agreements? They must be joking. They are the reason that a lot of us on here lost money paying Ratio Money for our first audit. I'm not legally trained, but even I could see that the so-called breaches contained in my agreement, simply weren't there. You are right Billy Goat Gruff, these people are total clowns. Stay well away everyone.
  5. I thought this might be the case. What grounds is it possible to set aside a CCJ? The credit agreement was enforceable, and the Default Notice was also compliant, so I'm not sure how I could have the judgement set aside?
  6. Hi, I have read this thread with great interest. I was wondering if this method of full and final can be used where a creditor has already obtained a CCJ. The reason I ask is if the letter and cheque are sent to the creditor and they cash the cheque, thus accepting the contract written in the letter, then would this contract supersede a court judgement?
  7. just a quick update - received my third default notice from Nationwide this week. They have fixed one of the problems in that they ask for the arrears this time, not the whole balance. But, yet again they have not allowed sufficient time to remedy the default. The default was issued 19th May, and asked for the arrears to be paid by November 2009!!! As this date is before the default was issued, they are obviously not allowing fourteen days to pay the arrears!!
  8. just to update you - received my third default notice from Nationwide this week. They have fixed one of the problems in that they ask for the arrears this time, not the whole balance. But, yet again they have not allowed sufficient time to remedy the default. The default was issued 19th May, and asked for the arrears to be paid by November 2009!!! As this date is before the default was issued, they are obviously not allowing fourteen days to pay the arrears!!
  9. Hi moneymummy1 just one phonecall from KPR, and a letter from them threatening charging order - both ignored. I hope that your parents get well soon Kind Regards socleirigh
  10. Hi, I also was PMd by same journalist. Gave him some info. by PM and have agreed to talk to him, as I am annoyed at Ration Money's handling of my case and no refund being forthcoming
  11. Sorry, I might not have been clear in my previous post - I didn't mean to take the lenders to court to get agreement deemed unenforceable, I meant to allow the lender to be the claimant as if they cannot provide a compliant agreement under CPR before court, then they are unlikely to get the agreement enforced Regards socleirigh
  12. You're right, it looks like the whole industry is gone. I lost £295 with Ratio Money and £900 with Clear Your Finance, who I also think went into administration. If you have an unenforceable agreement you can do it yourself, with help from other members of this site. Regards socleirigh
  13. The creditor is Swift Advances and its a secured loan so I made sure not to miss any payments. However, the original loan was £15,000 and I have been paying £238 for three years and a recent redemption figure was £14,777. I am subscribed to threads about Swift Advances who are a complete rip-off in the second charge loans market.
  14. I finally got full confirmation from the panel solicitor today that they will not be proceeding with the case. The letter states, "Having reviewed your file and sought specialist Counsel (Barrister) advice. It would appear unfortunately Counsel is of the view that you have less than a 50% chance of success in achieving a Declaration of Unenforceability should the matter proceed to court. The prospect of success is reduced as the courts have now tested a small number of claims and their findings are clear. Claims with a prescribed term breach do not have a discretion and the court must find them unenforceable. Claims likes yours have what is termed a discretionary breach and therefore the courts are unlikely to make such a declaration. They may decide to make a small financial adjustment on the agreement which may result. However due to the costs of litigating claims such as these we are unable to act under a Conditional Fee Agreement. Therefore Counsel is not prepared to proceed further with this case and we have been advised likewise. On that basis and for the above reason we do not intend to pursue this matter any further and will be closing your file at this office. We will inform Ratio Money of the same. We confirm you have no financial obligation towards our fees and we have not incurred any disbursements for which you are liable. Your file will be held in storage for a period of six years after which it will be destroyed. Please note you have the right to seek independent legal advice should you wish to do. Alternatively you may want to have your file reallocated to another panel solicitor via Ratio Money." So, it looks like I was right when I said that Emmett's audit was inaccurate when it said that there was a prescribed breach. It's a year this week since I started this process. Very frustrating. Regards socleirigh
×
×
  • Create New...