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tr7girl

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  1. Many thanks for your reply. Just getting to the stage where they are threatening court proceedings, so if it did get that far, at the moment until the default issue has been a bit more defined and the grey area cleared a bit would they only be entitled to chase for the arrears? I understand they can only default you once?
  2. Hi Everyone, Unable to scan anything at the moment but hoping you can help. Bank of Scotalnd Credit Card Agreement in dipsute ( not according to BOS !). Today received a DN dated 10/11/10 ( this was on the letter not the envelope) with a remedy date of 24/11/10. Is this valid? Many thanks
  3. Hi, this question is behalf of family who are living abroad in a EU member state. They until moving abroad lived in Scotland - their question is: If one of their creditors decided to make them sequestrated/bankrupt, although the laws in Scotland differ to those in England and Wales, does the fact that they have been out of the UK and in a member EU state for more than 3 months apply, or do the Scottish courts have a differnt time scale. As always thanks in advance for your replies.
  4. Hi Ida, Thanks All I have is what they sent, a copy of the application form which on the back of it has some terms and conditions but looks like a cut and paste job, and seperate sheets named as Credit Card Agreements, one which relates apparently to when the card was taken out 2004 and the other apparently an up to date version of the agreement which I have never had sent to me before I made my CCA request. The application form is signed by me, but neither of the "agreements" has any place for signatures either mine or theirs, and I don't remember at the time of the original application signing anything other than this. Thanks in advance for any input.
  5. Hi again everyone, CCA'd Bank of Scotland they have responded with what looks like an application form, so will check out the site for what other similar replies other caggers have received , But they have also sent separate copy agreements which have no place for either mine or their signatures...I do have a query on the seperate "Agreements" they have sent There seems to be things different, such as APR's, original agreement has 13.6 points plus additional information, new agreement has 19.6 points, will need to go through these with a fine tooth comb. The "original" agreement" apparently 2004 states regarding Choice of Law " UK law allows parties to choose the law applicable to the contract. The contract will be subject to the law of the country in the UK in which you reside unless we agree with you in writing that some other law will apply before the start date" It then states " this agreement is governed by Scottish Law" The "up to date" agreement ( couldn't even get my address correct)- only received after CCA request states regarding governing law only reads "This agreement is governed by Scottish Law" Anyone any thoughts on this, what happens if you don't live in Scotland Thanks
  6. Thanks Mr W, will keep you updated. Looks like I have a dodgy DN with a very valuable envelope !! Also the T&C's are not the original, so ready for the battle !!! Good luck
  7. Many thanks, gives me some hope, wasn't trying to avoid it but they should have gone for repayment plan!!! Overall will the mix and match agreement and T&CS have a bearing on the enforceability...will sit tight...not so concerned anymore! Would you have to go to court or just send in a defence? Promise no more questions this evening, you have been great. Many many thanks
  8. Sorry, scanner not working but it reads: Notification of Termination Agreement No.... Unpaid Balance....... Date of Termination.... Despite previous letters including default notice you have failed to pay etc etc etc. Therefore we have today terminated your agreement and the upaid balance shown is now due. IF THIS IS NOT PAID IMMEDIATELY WE WILL TAKE LEGAL PROCEEDINGS AGAINST YOU. YOU MAY HAVE TO PAY THE COSTS. Then gives methods of payment for balance..postal order cheque etc. Then warning that as as a result of the termination of the agreement and credit proptection etc will also be terminated with immediate effect. Thanks again
  9. Yes, it states that if I don't pay the updaid balance immediately ( no specified date for payment to be there by) they will take legal action Thanks
  10. Thank you so much, so should that mean then that they are unable to enforce it given dodgy DN and not original T&C's ? When I knew I was in difficulty I contacted them to hoefully set up an arrangement for the remaining 5 months of the loan, they refused, also emailed them the same poropsal that day, again they refused so I also have the copy of that email !!!
  11. Hi, it was TNT, the marking which I think is the date says H IJ141014 No other post mark etc
  12. Thanks, thought this would be the case. Just one other question, they have sent me a default notice dated 4/10 but also added a late payment fee that day, is this allowed? Also DN was dated 4/10 with a remedy date of 24/10 but the envelope with their what I think must be the internal stamp seems to be stamped 14/10 ? Thanks in advance
  13. Yes, thats my understanding that my loan is treated as a personal loan, so will go through the normal channels, so have no worries in the reposession process, they don't have that option. My query as above is on the mix and match Agreement and T&C's they have sent. Just wondered how this would stand in court if it got that far, and also should I make them aware of this at this stage. Regards
  14. Hi postggj, My loan is a fixed sum loan which is effectively the same as a personal loan covered by CCA 1974 so there is no reposession option on this, my understanding is that the reposession option for a creditor is when the the agreement is a Hire Purchase agreement. This opinion is based only on what I have read on this site and interpreted from what I have read, so I hope I am correct. Regards
  15. I am 4.5 years into a 5 year loan and thought they would be ble to come to some sort of arrangement - I called them and they refused, I emailed them with the same information offering to come to some sort of arrangement, so hopefully if this does go to court the fact tht I have made an attempt will look better. Obvioulsy the email is printed off, ready for the next step !! Also their default notice, dated the 4th October with a remedy date of 24th, but the post mark on the envelope which I have kept looks like the 14/10????
  16. Hi, for me it was a fixed loan sum and signed on premisies which I now have had confirmed by Consumer Direct that there is nothing I can do about this, however when I CCA'd them they sent me a copy of the original agreement which was with GE Money, pages marked 1/4 and 2/4 but the "other terms and conditions" they have sent which are numbered pages 3/4 and 4/4 and made to look like a continuation are from the new contracts with Santander which I have never signed. So now that they have said that they will start legal proceedings unless I make immediate payment ( no date specified), my question really is now that they have sent GE Agreement with prescribed terms, signatures etc but Santander other Terms and Conditions, how would this stand up in court? Consumer Direct have advised that they are legally bound to give me the original "other terms and conditions", should I request them now or see what their next move is? Many Thanks
  17. Hi Mr W, thanks, have they taken you to court as yet, and also did they give you orignal agreement with new T&C's? How far down the line are you with them.....sorry for all the questions, just would like to know what to expect. Many Thanks
  18. I posted a query yesterday re Santander / GE Money CCA Car Fixed Loan Sum. Thanks to both caggers who replied. I spoke with a very helpful man at Consumer Direct this morning, who confirmed your thoughts that due to then nature of the loan there really is no cooling off period....you were both correct.....unfortunate!! ! .... But now looking for a little extra help, more a general CCA question now. As Santander have now terminated the agreement and have said that they will start legal proceedings, what I have noticed is in the copy of the CCA they sent, the front two pages with the prescribed terms etc are GE Money who the original loan was with, but pages 3 and 4 " the other Terms and conditions " which they have made look like a continuation of this actually refer to my agreement with not GE Money but Santander who bought them out. The man at Consumer Direct said that by law they should provide the original "other terms and conditions " and that I should request these giving them 30 days to supply. If they do take me to court will the fact that they have sent GE Agreement and Santander Conditions have an effect on their case, and on this basis should I keep this info for a later date, or will it have no bearing and I should just request this now? Many Thanks
  19. Thanks again for the info, but looking for a little extra help, more a general CCA question now. I spoke with a very helpful man at Consumer Direct this morning, who confirmed due to then nature of the loan there really is no cooling off period....you were both correct.....unfortunate!!! .... As Santander have now terminated the agreement and have said that they will start legal proceedings, what I have noticed is in the copy of the CCA they sent, the front two pages with the prescribed terms etc are GE Money, but pages 3 and 4 " the other terms and conditions" which they have made look like a continuation of this actually refer to my agreemet with not GE Money but Santander. The man at Consumer Direct said that by law they should provide the original "other terms and conditions" and that I should request these giving them 30 days to supply. If they do take me to court will the fact that they have sent GE Agreement and Santander Conditions have an effect on their case, and on this basis should I keep this info for a later date, or will it have no bearring and I should just requet this now? Many Thanks
  20. Hi, Just received a copy of CCA from the above: Everything seems to be there, however what I have noticed is that it clearly states; "you have NO right to cancel the agreement under the Consumer Credit Act 1974, the Timeshare Act 1992 or the Financial Services ( distance Marketing) regulations 2004" However reading on another site I have found for financial products and services marketed by an intermediary or broker (even where this is face to face) you are afforded a 14 day cooling off period. Surely signing a fixed sum car loan at the garage/showroom fall into this category? Also the full amount repayable seems to include insurance / warranty loan, admin fee, acceptance fee etc - should these be seperate ? Due to circumstances beyond my control I have been unable to pay, did offer to try to come to some sort of agreement, ( I am 4. 5years into a 5 year agreement) they said no, have defaulted me, default notice stated remedy by 28th October but envelope stamp seems to say 14th October? They have now terminated the agreement and are now saying that they will take court action Anyone have any experience of this or could comment on the the "no right to cancel" aspect. And if so what should my next step be? Thanks
  21. Hi dpick, Thank you, just one other question, sorry but I am picking up bits of info from different parts of the site. On the application form they have sent, I believe that for it to be enforceable one of the prescribed terms must be the amount of credit or the credit limit. All this application says is 1a. " we will choose your credit limit and tell you what it is" should this be an actual figure? Application date 2005. Many Thanks
  22. Thank you dpick, I am sure this has been asked lots of times, but could I ask if you have time to confirm what the prescribed terms I should be looking for are and also I have read about " 4 corners" again confusd on this. Have also read somewhere that my signature should be after all the terms and conditions, if sections 1-3 are on the application with the rest being on a seprate sheet, does this affect it? This application was made 2005. Once again many thanks.
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