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Sand-Dancer0191

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Everything posted by Sand-Dancer0191

  1. sit tight and wait....the ball is in their court. try and dig out anything you have on the loan....they don't offer 50% reduction for nothing.and chase up the SAR
  2. BEYONDHOPE.....just found this in my bookmarks which may interest you..... Clarkson -v- Gilbert and others [2000] EWCA Civ 3018; [2000] CP Rep 58; [2000] 3 FCR 10; [2000] 2 FLR 839; [2000] Fam Law 808 14 Jun 2000 CA Lord Woolf CJ, Aldous and Waller LJJ Civil Procedure Rules, Legal Professions, Litigation Practice Casemap The court considered the restrictions on lay representatives appearing in court as the related to relatives of the party. Held: The same objections to granting rights of audience did not apply to a husband who merely wished to assist his wife by representing her in court. Where a close relative was seeking to represent a party the question was whether there was good reason on the facts to grant it, such as ill health or lack of means. Lord Woolf CJ said: "The overriding objective is that the courts should do justice. Now that legal aid is not available as readily as it was in the past means that there are going to be situations where litigants are forced to bring proceedings in person when they will need assistance. However, if they are litigants in person they must, in my judgment, establish why they need some other person who is not qualified to appear as an advocate on their behalf. In the ordinary way it will be for them to satisfy the court that that is appropriate. If somebody's health does not, or may not, enable them to conduct proceedings themselves, and if they lack means, those are the sort of circumstances that can justify a court saying that they should have somebody who can act as an advocate on their behalf." He qualified the decision in D v S saying: "what I indicated in that case was intended for a situation which was of the sort there described and did not deal with a situation where a husband wished to appear for his wife. It does not matter whether it is said that the position is different in that case or whether it is said that the fact that a husband wishes to appear for somebody who is part of the same family makes it an exceptional situation. It is clear that the objections to someone setting themselves up as an unqualified advocate do not exist in a matter where a husband is merely seeking to assist his wife." In this case: "I am satisfied that there would be a danger of Professor Clarkson being deprived of her right to have the case conducted before the courts in a way which would enable her claims to be investigated if she did not have the assistance of her husband as an advocate." Waller LJ said: "I agree with my Lord on the proper principles to be applied to an application for a close relative to represent a litigant in person in order to have that right of audience. I also associate myself with my Lord's remarks in relation to his judgment in D v S (Rights of Audience) [1997] 1 FLR 724; I was a party to that judgment on that occasion. The position of a close relative seeking to exercise a right of audience is very different from the circumstances with which that case was concerned and it is unfortunate that the judge was possibly misled into applying a wrong test, as he did." Clarke LJ said: "I agree with both judgments. The judge directed himself that the question which he should answer was whether there were exceptional circumstances which justified granting Mr Keter rights of audience under s 27(2)© of the Courts and Legal Services Act 1990. I agree with my Lords that that is not the relevant question in a case of this kind. As I see it, the question is simply whether, in all the circumstances of the case, the court should exercise its discretion under s 27(2)©. The section does not in any way fetter the exercise of the court's discretion, although the discretion must be exercised in the light of the objective of Part II of the Act set out in s 17(1) and of the general principle set out in s 17(3). In exercising the discretion in any particular case, I agree that the court must have in mind the general principles referred to by Lord Woolf. There is a spectrum of different circumstances which may arise so that it is difficult to lay down precise guidelines. Cases will vary greatly. For example, in a case where the proposed advocate is holding himself out as providing advocacy services, whether for reward or not, the court will only make an order under s 27(2)© in exceptional circumstances: D v S (Rights of Audience) [1997] 1 FLR 724. On the other hand, where the proposed advocate is a member of the litigant's family, the position is likely to be very different, although, as this case shows, even in such cases the circumstances may vary widely. There is, in my judgment, no warrant for holding that in such cases an order should only be made in exceptional circumstances. To my mind there is nothing in any of the decisions to which we were referred, including D v S (Rights of Audience) [1997] 1 FLR 724, which requires us so to hold. All will depend upon the circumstances. It follows that the judge did not ask the correct question and that it is for this court to exercise its own discretion. That discretion should only be exercised for good reason. The question is whether, having regard to the general principles set out by Lord Woolf, there is good reason on the facts of this case to permit Mr Keter to speak on behalf of the claimant at the forthcoming interlocutory applications and at any trial. To put it another way: is it just to permit him to do so?" Courts and Legal Services Act 1990 27(2)© Courts and Legal Services Act 1990 Representation in certain county court cases. E+W (1)The Lord Chancellor may [F1, with the concurrence of the Lord Chief Justice,] by order provide that there shall be no restriction on the persons who may exercise rights of audience, or rights to conduct litigation, in relation to proceedings in a county court of such a kind as may be specified in the order. (2)The power to make an order may only be exercised in relation to proceedings— (a)for the recovery of amounts due under contracts for the supply of goods or services; (b)for the enforcement of any judgment or order of any court or the recovery of any sum due under any such judgment or order; ©on any application under the Consumer Credit Act 1974; (d)in relation to domestic premises; or [F2(e)dealt with as a small claim in accordance with rules of court,] or any category (determined by reference to such criteria as the Lord Chancellor considers appropriate) of such proceedings.
  3. Can't find anything on court buddy either...but the lay representative looks like what I need...Do I need to inform the court before the hearing or can I just turn up and drop them in the mire
  4. This is a multiple agreement (ie.loan + ppi) the ppi should be included in the TOTAL charge for credit....BUT should have seperate details on apr,total cost of ppi and also how much each month for the ppi,this figure can then be added to the monthly repayment... need to see agreement to comment further
  5. Did welcome agree to the DMP..and was the request made under a cccs ref no. As I thought on agreeing to these plans interest was frozen. Speak to the cccs and get advice
  6. Expecting to go to court very soon regarding my wifes acc. Question is she is defending the case BUT hasn't got the nerve....CAN I do it for her if we both attend. If so is there any case law or ref to me defending my wife:|
  7. Make sure you get BOTH agreements...If there is a fault on the first one they may fob you off....If there are other insurances on the first but not the second then other factors come into play ie:- hidden charges or the second not including the original t&c's etc which it must..... As dx100uk said get as much advice as you can...good luck
  8. If my original credit limit was £500.00 in 2000 and they have increased the limit three times since then.Should they have issued a new up to date ageement with the new credit limit on.OR is the original agreement still legal and valid???
  9. Read this first.... PAYMENT PROTECTION INSURANCE Before reclaiming or cancelling PPI you should have a look at the following Notes and see what type of PPI you actually have. Always consider all the facts and figures before starting a claim.. Whatever you do Do Not Just Jump In without researching your own policy, and don’t be afraid to ask for help / advice on the forums on CAG. There are basically 2 types of Payment protection Insurance policies. 1) Monthly paid premium (as used by most of the credit card companies) These policies should not be a big problem to cancel; normally they will cancel this type of policy if you write to them or Phone them. Of course if you consider that you have been mis sold this type of policy you can of course try and reclaim all the premiums that have been made, plus claim the interest on each payment at the Contractual Interest Rate. 2) Single Premium Policy (these are the biggest rip off ones) These policies are Paid for in full to the insurance company at the start of the policy. Most loan Companies will finance the full cost of the policy by adding the cost onto your loan. What they do not tell you is that you will also be paying interest on that amount at the loan interest rate for the full term of the loan. Example 1. PPI Cost £3300 Interest Rate 7.9%APR Interest payable over the 5 year loan = £1300 Actual cost of PPI cover £ 4600.00 Example 2 PPI Cost £3300 Interest Rate 7.9%APR Interest payable over the 15 year loan = £3913.00 Actual Cost of 5yr PPI Cover £ 7213.00 As some loans have variable APR the costs used in the above examples could be in fact a lot higher. Most of this type of Policy will cover you for 60 Months (5yrs) so beware if you have taken out one of these policies and have a loan which runs over the 5 year period. As in example 2 you would require a further 2 * 5yr PPI policies to cover the full loan period. I did one calculation on an original loan of £17,000.00 , when the PPI was added and calculated to cover the 15yr period; with an APR at 7.9% fixed the actual cost to repay the loan was calculated at almost £55,000.00. Cancelling a single payment Policy, This can be a bit trickier than a standard monthly paid policy. These policies will offer a very small percentage of the premium should you just cancel it. An example of this is shown below. Their answer to this part is normally that the insurance premium pays more in the early stages of the loan as there is higher risk. (Yeah - higher risk to the lender and not the Customer) £3300 policy which had been running for 3yrs, Refund of £97.00 if cancelled. Some companies will state that the only way that you can cancel one of these policies is to refinance and settle the complete loan agreement with a new loan without PPI on the new loan. Some of the lenders will also try and fob you off with excuses like, you may not get a new loan at the same low %APR without PPI. Some will also state that you may not in fact be able to obtain a new loan from them at all; this of course is all scare tactics to try and make you change your mind about cancelling the loan etc. If your credit rating is not good then they will use this against you too. In my own case I managed to obtain a new loan from another provider at a far better %APR (5.8%) rate without PPI, though they did really try and sell their PPI..lol. I also took out a stand alone PPI policy from an Independent provider at well under a tenth of the cost I was quoted from the new Lender. Personally I have nothing against PPI Insurance, in fact I think it is a good thing as long as it sold properly and not at an extortionate rate like it is by the major High Street Banks and Loan Companies. 3) Mis Sold Policy The mis selling of these policies is a major concern not just for Consumer but in fact the FSA and the OFT are looking into this whole matter. Have you been Mis Sold PPI. (Some standard Conditions for PPI) a)Payment Protection Insurance cannot be made a condition of obtaining a loan. (This is the most common reason for mis selling) b) You are permantley resident within the United Kingdom c) You are Over 18 and Under 65 at the commencement of your loan, and you will not reach the age of 70 during the insured term. d) You are in Full time employment – Some policies define Full time employment as being working Over 16 Hours per week and that you have been in full time employment for at least 6 Months prior to the start date of the policy. e) Pre Excisting Medical Conditions may also Invalidate your Policy f) Some policies may cover if you are self employed.. Check your T & C first though. ** Latest Additions to be added to above (thanks Todge)** 1 You were not in work or self employed at the time of sale 2 You were told that you had to take the PPI out at the same time as the loan or not at all 3 You were not asked whether you had any other insurance which would cover the loan 4 You were not told you could buy PPI elsewhere to cover the loan 5 You were sold a policy which had age restrictions which you fell outside of 6 You were led to believe that Payment Protection Insurance was compulsory 7 You were told that you would stand more chance of getting the loan if you took the Payment Protection Insurance 8 It was not explained to you that there were certain exclusions within the policy that could affect you 9 You were pressured into buying the PPI 10 You paid upfront for the PPI but it was not explained that there were some PPI policies where you could pay monthly 11 Your PPI was an upfront premium and you repaid the loan early and received no refund 12 You increased your loan and the PPI was increased automatically 13 The Terms & Conditions of the small print were not fully explained to you You should in the first instance read through the full terms and conditions of your Payment Protection Insurance Policy. If you do not have these I would personally advise you to contact the Insurer and request these. If you do have to contact the Insurer for a copy of the terms and conditions you will need to know the date that you signed up for the policy, Request a copy of the terms and conditions relating to the policy that they had in place on that date. I would personally always deal with complaints regarding PPI by way of letter, unless you have the ability to record any telephone conversations regarding the complaint. Obviously should you have to take the complaint to court, the more evidence you have in writing the better. Some Interesting Facts Regarding PPI. On some Single premium PPI policies the actual cost for the insurance can be a low as 10% of the cost charged by the lender …That’s a whopping 90% straight profit for the lender.. Plus of course the extra Interest that they will make. Out of all the types of Insurances Policies available ( Car, Home etc) PPI has the lowest percentage of payout in claims, Making PPI the most profitable Insurance Policy currently on the market. Payment Protection Insurance has the highest rate of claims for Mis Selling than any other Insurance policy available. Most policies will only pay out for 12 Months maximum in any 1 claim. I hope this has helped, If you have any queries please do not be afraid to ask for help or advise in the forum. If you find any Interesting information relating to PPI I would be grateful if you could pass it on to me, I’m on a bit of a Mission with PPI..lol Additions to Post 22/3/07.. Reclaim your PPI premiums There's no need to pay someone a fee to pursue your mis-selling claim. By following our guide - and using our letter template - you can right the wrongs committed by your bank or lender. You will find the downloadable letters at the bottom of this page. Here we explain how to decide whether you have a case for reclaiming your premiums, and how to go about it: The background Payment protection insurance generates billions of pounds for banks and building societies and is widely recognised as being routinely mis-sold. The policies are designed to repay a particular debt if you find yourself out of work. We know of many instances when borrowers have been forced to buy an expensive policy as a condition of being offered a loan. {I:1} Do you have a mis-selling claim? • Being forced to buy a PPI policy in conjunction with a loan does not breach FSA guidelines. But the FSA says that fact does not exclude borrowers from making a mis-selling complaint to the Financial Ombudsman, who assesses whether the way the policy was sold was fair and reasonable. Banks and lenders who subscribe to the Banking Code agree they will not force customers to also buy their payment protection insurance, but they can insist on them having some form of PPI. We have heard a litany of complaints from borrowers who say unscrupulous salespeople told them they would not get a loan unless they signed up to the lender's own protection insurance. If this has happened to you, you should pursue the bank through its usual complaints process. If you have no success, the next step is to complain the Financial Ombudsman. • You may also have a case for mis-selling if you have been sold a policy while you are self-employed, unemployed or retired – all of which make PPI void. PPI policies are valid only for people who are employed by someone else and the lender or insurer should have checked your employment status when they sold the policy. • Most policies do not cover you for loss of income caused by a wide range of illnesses or ailments, including mental illness and back trouble, which keep thousands of people off work each year. A lender or insurer should warn you that illnesses like these, and other pre-existing conditions that might keep you off work, will not be covered. • If a lender sells you a PPI policy with a card or loan, it significantly increases the interest rate you will be paying. Lenders are obliged to advertise the total APR so you know exactly how much your monthly repayments – including insurance – will be. If they haven't, you can pursue them for mis-selling. The lender should also have explained to you the full cost of the policy, and how your monthly repayments without insurance would be affected by adding insurance to the loan or credit card agreement. If your lender did not do any of these things, you may have a claim for mis-selling. Additionally, you may have a claim if you have tried to cancel your PPI policy, and have been refused, or if you have cancelled the policy part-way through the loan period and received a smaller reduction in monthly payments than you were expecting.
  10. Any professional Co would do a TRACE ENQUIRY.This would show the Confirmed Resident.They would have NO proof that the 2 visits you mention actually took place...Claim it back along with the other charges.Also send a letter putting the account into dispute (officially) this will keep lewis of your back.(template for dispute letter in library).. This is also why they must send the deed of assignment.... The Administration of Justice Act 1970. Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she: harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represent themselves to be authorised in some official capacity to claim or enforce payment; utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
  11. Have they sent a copy of the Deed of assignment....they can't demand anything until they have...
  12. Did a similar thing to me......said the payment was declined and after a dozen phone calls to the bank and welcome FINALLY got it sorted. The payment had gone through.They even credited the account £5 to cover the phone charges. When the statement came through the £5 credit was on UNDER the £75 they charged me for their calls
  13. If no DN and termination notice was issued surely this is an unlawful recission of contract
  14. AGREE....SAR will also provide a copy of the agreement where you will find info on insurances etc.
  15. Firstly welcome must issue you with a Default Notice then they must issue a termination letter after the correct time limits. Have they done either of this???????
  16. they are entitled to assess the agreement on a regular basis and may ask for an Income/expenditure....the default letter is a bit harsh when an arangement is in place.Not sure where to take this one MAYBE advice from someone else might help!!! As for the SAR....If payment was made(£10.00)then they can't ignore it.They must comply within the 40 days or they are committing an offence.
  17. npmbna...as the DN or if the DN is invalid they may reclaim only the arrears outstanding BUT if the CCA is unenforcable then they loose this also...
  18. That is my understanding....take a look at this .. Multiple Agreements If an agreementhas more than one part and those parts are for different categories of credit, then section 18 of the CCA 1974 says that the different parts must be treated as seperate agreements. In particular, this means that the prescribed terms for the different parts of the loan must be listed seperately. Quote: 18.--(1) This section applies to an agreement (a “multiple agreement”) if its terms are such as-- (a) to place a part of it within one category of agreement mentioned in this Act, and another part of it within a different category of agreement so mentioned, or within a category of agreement not so mentioned, or (b) to place it, or a part of it, within two or more categories of agreement so mentioned. (2) Where a part of an agreement falls within subsection (1), that part shall be treated for the purposes of this Act as a separate agreement. (3) Where an agreement falls within subsection (1)(b), it shall be treated as an agreement in each of the categories in question, and this Act shall apply to it accordingly. The different categories of credit are defined in sections 8-15 of the CCA 1974: 1. 'Personal credit agreement' or 'Consumer credit agreement' (Section 8 ) 2. 'Regulated agreement' or 'Exempt agreement' (Section 8 ) 3. 'Hire purchase agreement' (Section 9) 4. 'Running account credit' (eg credit card, overdraft) or 'Fixed sum credit' (eg bank loan) (Section 10) 5. 'Restricted use agreement' (eg PPI, car purchase) or 'Unrestricted use agreement' (eg cash loan) (Section 11) 6. 'Debtor-creditor-supplier agreement' (eg PPI) (Section 12) or 'Debtor-creditor agreement' (eg cash loan) (Section 13) 7. 'Credit token agreement' (eg credit card) (Section 14) 8. 'Consumer hire agreement' (Section 15) So, a regulated, consumer credit agreement for fixed sum credit falls into three categories and the terms relating to all three must be in the agreement. For our purposes though, where section 18 may render an agreement invalid is where the loan itself has two 'bits' which fall into different categories. For example (probably the most common example), a cash loan with PPI fall into different categories of credit: Cash loan: ' unrestricted use credit' and 'debtor-creditor credit' PPI: 'restricted use credit' and 'debtor-creditor-supplier credit' Both fall into the categories 'regulated agreement' and 'consumer credit agreement'. Such an agreement would fall under the scope of section 18 and require that the two parts of the loan be regarded as seperate loans. This in turn requires that the prescribed terms for each part must both be listed on the agreement: Loan amount, regular repayments and APR for both seperately. Therefore, if, as is quite common, the monthly repayment is lumped together without the repayment amount for the loan and PPI listed seperately, the agreement would not be properly executed nor would it be enforceable under s65 as it wouldn't have the signature and all the prescribed terms on one document..
  19. Has a D/N been issued??? SCHEDULE 2 FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY Regulation 2(2) Details of agreement 1 A description of the agreement sufficient to identify it. Parties to agreement 2 (1) The name and a postal address of the creditor or owner. (2) The name and postal address of the debtor or hirer. Details of breach of agreement and action required to remedy, or pay compensation for, the breach 3 A specification of:-- (a) the provision of the agreement alleged to have been breached; and (b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either © if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or (d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid. Action by the creditor or owner to be ineffective if breach remedied or compensation paid 4 Where any action is specified under paragraph 3© or (d) as required to be taken, a statement that the provision for the taking of any action by the creditor or owner such as is mentioned in paragraph 6 will be ineffective if the breach is duly remedied or the compensation is duly paid in the following form— "IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH". Note: This statement shall follow the specification under paragraph 3© or (d) of any action required to be taken. Consequences of failure to comply with default notice 5 Where any action is specified under paragraph 3© or (d) as required to be taken, a statement indicating the consequences of the failure by the debtor or hirer to comply with the default notice in the following form— "IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]". Notes: 1. This statement shall be followed by the specification under paragraph 6 of the further action intended to be taken by the creditor or owner. 2. Creditor or owner to omit words in square brackets if there is no specification under paragraph 6(e) of any action intended to be taken to enforce any security. Action intended to be taken by creditor or owner 6 A clear and unambiguous statement by the creditor or owner indicating, if any action specified under paragraph 3© or (d) as required to be taken is not duly taken or if no such action is required to be taken, the action which he intends to take by reason of the breach by the debtor or hirer of the agreement— (a) to terminate the agreement; (b) to demand earlier payment of any sum; © to recover possession of any goods or land; (d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred; (e) to enforce any security; (f) to enforce any provision of the agreement which becomes operative only on a breach of another provision of the agreement as specified in the notice, at any time on or after the date specified under paragraph 3© or (d), or, if no action is specified under that paragraph as required to be taken, indicating the date, being a date [not less than fourteen days] after the date of service of the notice, on or after which he intends to take any action indicated in this paragraph. Retaking of protected hire-purchase etc, goods [in the case of a hire-purchase or conditional sale agreement relating to goods, (a) made on or after 19th May 1985, where the property in the goods remains in the creditor; or (b) made before 19th May 1985, where the debtor has not himself put an end to the agreement by virtue of any right vested in him and where the total amount payable under the agreement does not exceed £7,500, a statement in the following form--] "BUT IF YOU HAVE PAID AT LEAST ONE-THIRD OF THE TOTAL AMOUNT PAYABLE UNDER THE AGREEMENT SET OUT BELOW (OR ANY INSTALLATION CHARGE PLUS ONE-THIRD OF THE REST OF THE AMOUNT PAYABLE), THE CREDITOR MAY NOT TAKE BACK THE GOODS AGAINST YOUR WISHES UNLESS HE GETS A COURT ORDER, (IN SCOTLAND, HE MAY NEED TO GET A COURT ORDER AT ANY TIME.) IF HE DOES TAKE THEM WITHOUT YOUR CONSENT OR A COURT ORDER, YOU HAVE THE RIGHT TO GET BACK ALL THE MONEY YOU HAVE PAID UNDER THE AGREEMENT SET OUT BELOW". Note: This statement shall follow the specification under paragraph 6 of the further action intended to be taken by the creditor or owner and be followed by— (a) either (i) the total amount payable under the agreement, or (ii) where there is an installation charge, separately, the amount of the installation charge and the rest of the total amount payable under the agreement; and (b) the total amount that the debtor has paid to the creditor by the giving of the notice. Requiring earlier payment of any sum 8 Where a sum of money is required to be paid under the notice, (a) the amount of the sum before deducting the amount of any rebate on early settlement; (b) where any rebate on early settlement is allowable under the agreement or by virtue of section 95 of the Act-- (i) the amount of the rebate allowable calculated on the assumption that early settlement takes place on the date specified in the notice for earlier payment of the sum; and (ii) the total amount to be paid after taking into account the amount of any rebate on early settlement, namely the difference between the amount shown in paragraph (a) above and the amount shown in sub-paragraph (i). [Ending the agreement 8A Where the agreement is a hire-purchase or conditional sale agreement, a statement in the following form— "You [may] [NOTE 1] have the right to end this agreement at any time before the final payment falls due. Note that this right may be lost if you do not act before the date shown (after which we may take action). If the date for final payment has not passed and you wish to end this agreement, you should write to the person to whom you make your payments. [You will need to pay [NOTE 2] if you wish to end this agreement by the date shown and we will be entitled to the return of the goods. You will also be liable for costs if you have not taken reasonable care of the goods.] [NOTE 3].Note that if you end this agreement, this will not necessarily terminate any insurance finance agreements that are linked to this agreement. NOTE 1: creditor to omit the word "may" in the case of a hire purchase agreement. NOTE 2: creditor to insert the amount to be paid by the debtor calculated in accordance with the provisions of sections 99(2) and 100 of the Act and on the assumption that the debtor terminates the agreement on the date shown in this notice. NOTE 3: creditor to insert the passage in square brackets where the debtor's right to terminate under section 99 of the Act subsists.".] Time order 9A statement in the following form indicating that the debtor or hirer is entitled to apply under section 129 of the Act in England and Wales to the county court, in Scotland to the sheriff co [Interest payable after a judgment 9A Where an agreement makes provision for the charging of post-judgment interest in connection with a judgment sum, a statement in the following form— "You should be aware that if we take you to court and get a judgment against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the judgment and interest under the agreement on all the sums owed by you at the date of the judgment until you have paid these in full. This means that even if you pay off the whole amount of the judgment, you may still have a further sum to pay.".]urt or in Northern Ireland to the High Court or the county court for a time order— "IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME". General 10 A statement in the following form-- "IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU". [10A A statement in the following form-- "This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one.".] 11 A statement in the following form-- "IMPORTANT--YOU SHOULD READ THIS CAREFULLY".
  20. NON compliance of SAR is an offence...report them to the FSA & FOS. and put the account into dispute(letter in library). If it goes to court then you can argue about charges and default fee's and the non-compliance...start creating a paper trail for your defence
  21. Also check that this claims firm has no rights to your claim.was there a signed agreement with them....will your claim money be sent to you via them etc.etc They may still try and claim commission!!!!!!
  22. I will say this :- I can not see a default notice posted in that thread. Secondly where are the details on the Abbey agreement refering to the PPI. ie:- cost of ppi / total charge for PPI /interest on PPI and monthly repayment figure of PPI......I personally would say this is a multiple agreement which DOES NOT have the prescribed terms on it. So unenforcable ........BUT get a second opinion please
  23. Click on the red triangle and ask to be moved to the abbey forum......there are people on there with the experience about abbey.They will give better advice....good luck
  24. The account No is a help BUT the SAR sugested by beyondhope will specify ALL data held by them about you.....it is also NOT limited to just 6 years either..Make sure you check it all they have a habit of omitting some things. Good luck
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