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indigo_child

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About indigo_child

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  1. I ordered a car seat for my LO on the 30th of Jan, at the time I arranged a delivery date for 11th Feb, this was confirmed in my order email from them. Today, less than 24hrs before the delivery date i get an email from them saying that there is a new "estimated" delivery date of the 28th Feb. I also found out they havnt taken payment yet as they havnt received the seat. Is there anything I can do about this?Do i have any rights, theyve really screwed me over as i now dont have a car seat for my LO that is safe and made appointments that required me to have it that will now have to probably be cancelled.
  2. just read up on the govt scheme.... the property wont qualify as it has to be a new build from a registered developer... i think the not new build help kicks in next year...
  3. from digging around on other sites and help from other forums im gathering that its being classed as a new build flat because its leasehold and was vacant when it was painted etc, which is ludicrous... and from what ive seen, there are 2 kinds of new build.... a new buy which is in fact new and the above rule i would have thought applied... and a new build.... a term invented to imply an older property is magically regenerated when in reality its had a new kitchen etc. what a load of rubbish! and yes it has always been a purpose built maisonette. we do have another mortgage lined up but it will mean steeper payments made over a shorter time frame with a larger deposit. thanks!
  4. I am a 1st time buyer and have recently started to purchase a 1930s maisonette. We started to get our mortgage together and got to the point of having the mortgage valuation survey done. It came back and to our surprise they claimed it was a new build!... out IFA double checked this but the mortgage companies surveyors are sticking by their guns as the property had a lick of paint in each room, new carpets, a bathroom and kitchen fitted whilst no one was in residents there. This has meant that our original mortgage is now null and void as new build properties can only have a max 75% mortgage according to the our original proposed lender which we were not offering (not far off, but no cigar!).... we can get another mortgage but this means that things will be much tighter than is comfortable (we will need to borrow more from our family and have less income spare for essentials each month) and as I have a young family to support and the property is clearly not a new build and has just had what anybody moving in would renovate I find it completely ridiculous that they are doing this! Is there a loop hole a can get through to get our original mortgage?!... can we go on a tracker mortgage for a period of time and then fix after a while when the bits and pieces they say have made it a new build have aged so their claims are negated? Any advice welcome as we need to go quickly with this!! Thank you!!!!!
  5. Bump, Im getting pretty scared now that she is going act illegally toward me when i write to hand my notice in and i will end up homeless and pregnant. Ive tried to get legal assistance however i dont qualify for legal aid and i cant afford solicitors fees, so if anyone has any help they could offer i would be very grateful. Thanks
  6. Right, so historic entries even if they stretch back prior to the 6 years are still visible then and thus i and other people will always be able to see them? I am certain of the July date for it becoming statue barred as it was the last date that anyone acknowledged it by payment or in writing, i have checked. I made sure of this a few years back when i found out what had happened and they were in fact chasing me and not the **** bag whose debt it actually was (i was such i naive child when i was younger, hence the awful mess i let myself get into). Anyway i found my way here, and thank god I did because the advice and support i received not to mention the wonderful resources the kind people have supplied for others to use helped me successfully halt the DCAs from bothering me again by issuing them with a CCA and then an account in dispute letter. If they try coming after me now i will get the statute bared letter off to them so fast it will make their heads spin. Ive done my time now, and ive been good and learnt my lesson. i have learnt to save, dont rely on credit (only having the bare minimum to repair and keep my credit rating ticking over) and never buy when i cant afford it. I want to be able to get on with my life now and build a safe home for myself and my new family, hence the fact i am trying to plan the exact time when i can apply for a mortgage so i am not hindering our chances of being successful. So to recap then.... the defaulted account will be statute barred from the end of July, the default will expire at the end of November, and I can apply for a mortgage in December without the fear of the default appearing on my now otherwise spotless for 6 years credit history? Should i or should i not be able to see the default after the beginning of December so i know whether to get onto the CRAs to remove it?
  7. So technically im debt free from the end of this month . But if i have to wait a couple more months to apply for stuff, then thats what ill do. Stupidly i let an ex take advantage of my name when i was younger and have been clearing it up ever since, a very hard lesson to learn. I will check back in september to ensure that the old settled accounts are beginning to drop off and then again in december to check that the default has gone, if not i will contact equifax to get it removed. Apart from that my credit history is lovely and shiny and has been since 2006. Thanks ever so much for your kind advice!
  8. Thanks renegadeimp, After looking a bit more am i right in understanding the account information becomes invisible on credit checks 6 years after its last entry even if i can see it myself? So technically accounts that were settled and ended in 06 but I can still see all payment history for since 2004 will become invisible in sept 2012? And my larger worry... The defaulted account.... 1. last acknowledgement and payment made in July 06, thus this month am i right in thinking it becomes statute bared? 2. Default issued in Nov 06, so does this mean i have to wait until December 12 until it becomes invisible and i can apply for a mortgage or credit card (not that i want or need to use a credit card, just to help things on their way) even though i have a higher than average credit rating?
  9. Hello, Sorry that my question is a little basic but like most new people im having trouble getting my head around the rules. Plus i have terrible baby brain at the moment! After a long 6 years of repairing my credit history (which is now in the excellent category! ) I have just checked my equifax report, as i will shortly be needing to apply for a mortgage, to find out that I can still view old credit agreements including late payments and a default which stretch back past the 6 year limit. are equifax displaying this information on my credit checks and are they allowed to? should i be applying for them to remove it? Also does the six year limit date from the last acknowledgement of payment, or the default notice? i.e. if the last payment in relation to a debt was paid in July, the first non payment in August and the Default to a DC in Nov, when would it become written off?
  10. Hello Mariner51, and thank you for your speedy reply. The answers to your questions are as follows: 1. Can you say whether you & flatmates have sep ind Ts for room only & shared facilities - yes we all have separate contracts. 2. Are all Ts wishing to vacate? - There are 3 of us. Myself and one other flat mate will be leaving, although I will be the first to go. 3. Does LL live in the premises? - No she does not, and never has. 4. Was your tenancy contractual or assured shorthold? - my tenancy was an assured shorthold tenancy. 5. When/if did it become SPT? - After the initial period of 6 months it became a SPT on 1st Nov 2007. 6. Did the LL serve a s13 for rent increase or how was the proposed increase phrased? - No she did not she left a letter in the house which says: "I wish to inform you that your rent will be increased as from 1st August 2012 by £30.00 per month, bringing your monthly rent to £X per calender month. This increase only brings your rent to current prevailing prices to premises similar to yours. Your last increase of £10.00 was in December 2008." 7. Have you checked with the 3 deposit schemes that your deposit is secured? - No I have not (classic mistake on my part), although I do remember her mentioning it when I signed the contract and I believe it is the law as from April 2007 to have done this. More worryingly I read and reread my tenancy agreement this lunch time....it does not appear to be standard now I have done a bit more home work.... Specifically there are a few clauses I am worried about as if they are binding they basically take away my normal tenancy rights..... 1. "To permit prospective tenants of the Premises (defined as my room in this case) in the company of the LL or its duly authorised Agent during the last four weeks of the Term to view the Premises. For the avoidance of doubt the tenant acknowledges the right of the LL or its duly authorised agent to gain access to the Dwellinghouse (defined as the entire property in this case) excepting the Premises at all reasonable times without prior notice" Every time someone moves out she basically gives no notice to the person whos room it is or other tenants that she is bringing a prospective tenant to view it. Its a massive invasion of privacy. However after rereading the clause does it appear that she is only allowed to gain access to the communal areas and not my room without the correct notice period of 2 days? 2. "To pay a deposit of £X. On the signing herof to the LL to be held and used by him against dilapidations non-payment of rent or other breaches of covenant the said deposit to be returned to the Tenant six weeks after the end if the Term (except in the case of payments in respect of gas electricity or telephone whereupon receipt of the demand) ti the extent that it is not applied as aforesaid." This is also standard practice by her to withhold the deposit until she gets the gas and electric bill in and she deducts that persons portion. I do not have a problem with paying my share, however she is notoriously difficult to get the rest of the money back from and I believe I should be entitled to it back within 10 days? 3. "The LL reserves the right to increase the rent payable under this agreement at any time after the expiry of the term by giving not less than 14 days notice in writing prior to rent payment date specifying the new rent and the tenant will be responsible for payment fo the increased rent from that rent repayment date." This clause appears to negate the S13. The contract then goes on to state clauses about her having the right gain access to my room and forcibly evict me with or without baliffs if i dont pay the increase. Even though I am leaving I dont particularly want this to happen, especially if I am not there to call the police! Sorry about the length of reply and the terrible grammar, I typed it word for word (except for the portions in brackets, abbreviations and £Xs). Her solicitors appear to have worse grammar than me! Cheers!
  11. This may seem a little basic, but after reading previous threads and sticky's i cannot find what im looking for..... basically I am about to go into battle with a LL that is essentially Janine Butcher and need to do everything by the book so there are no loop holes for her to climb through. I am about to terminate my short-hold periodic tenancy agreement after just over 5 years living in my current address due to my pregnancy (which she does not know about, although i think she or her family members have been in my room without permission so may well do) and the fact her behaviour has been appalling during my tenancy (it is now causing me and my flat mates so much stress we are moving out earlier than we would have done and have done). Thankfully my contract ran from May 07 so I am in theory protected by a deposit protection scheme. However she is an aggressive and erratic woman who likes to use bullying tactics to intimidate her tenants and generally has little respect for their civil rights (i have seen it, and been victim to it several times myself). Hopefully after I have successfully moved out and reclaimed my deposit I will be able to report her to an appropriate body regarding her behaviour and actions which I do not think have been entirely legal (however thats another storey for later maybe). Can anyone advise me a template letter or information which I have to include to her in a letter to terminate my tenancy so I do it correctly. I also wish to include a section challenging her ridiculous attempt at a rent increase that she is demanding with 2 weeks notice (i know she cant do this as its not in compliance with current law but would be grateful to know how to politely put it...) cheers!
  12. thanks FS! sent it today, as i managed to find confirmation that i was the correct letter on another thread, recorded delivery and have kept a copy with the receipt stapled to it in a safe place
  13. righteo, is this the letter i should be sending off? or is there another more up to date template im missing? Cheers! ACCOUNT IN DISPUTE Date: Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE** You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request). The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation. This limit has expired. As you are no doubt aware section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8 (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully
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