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Sare Heid

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Everything posted by Sare Heid

  1. Hi all, heres a quick update.... Have now received TN on back of dodgy DN, drafted letter accepting unlawful rescission of the agreement. Cr*p1 have sent lots of letters going to great lengths to explain how they believe agreement still enforceable, quoting lots of legal cases, account not in dispute, etc.... and that I should continue to make payments. They still haven't sent a properly executed agreement, or confirmed they haven't got one, as I've requested....then again, I dont really expect them to. I suppose its all academical now seeing as they have rescinded the agreement
  2. Hi Sequenci, Thanks for responding so quickly. The agreement is headed 'HIRE AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974'. Annual hire charges are in excess of £4k so if my interpretation is correct, doesn't look as if section 101 will give any protection. The agreement itself refers to 'an early termination sum' which can be supplied by the Hirer, however having read through the T&C's there is nothing to say how this will be calculated, should this not have been specified as a prescribed term otherwise how is the hirer expected to know exactly what his liabilit
  3. Hi, 2 yrs ago entered into personal contract hire agreement with masterlease, all payments made on time and account well managed until the recession bit hard and found myself out of work. have managed to maintain payments although this is now a struggle and have served notice on masterlease of my intention to voluntarily terminate, as i dont want to get into arrears / default situation. duration of hire agreement was for 3yrs (3 + 35 payments), have paid well in excess of 66% of total agreement sum, however lease company say CCA doesn't apply and they will require an early terminatio
  4. Thanks dj, i must have used the wrong ppi calculator (single premium) as it worked out the figures in a different way. the £71.20 figure includes the monthly repayment of the ppi premium and the interest on that monthly payment, is that correct? the very last payment i made was the early settlement figure, should the ppi premium elements of this be included in the spreadsheet calsc also? cant see how you've arrived at the figure for the 8% on the balance (2649.90 + 340.42 + 555.42), feelin a bit thick at the minute, would appreciate some pointers. apologies if my que
  5. hi fox, without a properly executed agreement, DN, TN, DOA, etc, cant see anything which entitles cabot to anything at this point, so we are inclined to just sit back and wait and see, what do you think? 'tween the 3 of them (citi/cabot/cduk), i'm sure the hole will just get bigger & muddier. cheers SH
  6. a quick update..... cabot couldn't produce any kind of agreement within the prescribed timescale, so the OH sent the 'account in dispute' letter off. they've written on several occasions since advising that OC is having some difficulty locating the agreement (i'll bet!) and because the alleged "debt remains legally due" (based upon what exactly?) they recommend that OH contacts them to arrange payments ...needless to say OH declined and we'll wait and see what the agreement says! they seem intent on reporting to CRA's, so will be having a look at that shortly to see if anything
  7. DJ thanks for the quick response, can you attach the spreadsheet so i can have a look at it. cheers SH
  8. Bumping - would appreciate any comments on whether this looks ok or not.
  9. i would be grateful if someone could have a look at my calcs and let me know if i'm in the right park! original loan :£15000 ppi : £2649.90 apr: 6.9% 42 mths @ 472.83 (1st payment 17/01/05) using spreadsheet, the amount owed comes out as follows; cost of ppi = 2649.90 compound interest @ 6.9% = 1336.20 8% on mthly ppi interest payments = 472.91................total claim = £4451.01 cheers SH
  10. thanks shadow, it would appear then that even if i were to terminate, they would still just transfer the rights to recover any balance to ccam / opus, in which case i'm better leaving well alone for time being and let it run its course, would you agree? cheers SH
  11. hi, took out a personal loan back in 2004, this included ppi which due to being self employed at the time, i would consider it was mis-sold. monthly payments started as planned, never missed a payment and managed to settle early when things were going reasonably well, approx 19mths into a 42 mth duration. would i be better to submit initial letter to egg now or wait until i can calculate the amount i want to claim? also, looking at figures now, it looks like the settlement figure used at the time may have been too high. can someone point me in right direction for a su
  12. letter recently from citi telling me it was changing to ccam /opus. account in dispute with citi due to reconstructed t&c's sent in response to cca request. am i correct in thinking that they shouldn't 'transfer' (sell) to opus when in dispute, although they will probably go ahead with it anyway? is there any other way i can stop this transfer other than say i dont accept, which they would no doubt interpret as termination by me? i'm sure there will be others in a similar position and would appreciate thoughts / comments. cheers SH
  13. Worth checking the small print cos mine says "opus is a trademerk of ccam, which is used under licence by Bank of Scotland plc. opus credit cards are issued by bank of scotland plc."
  14. hi guinea 10, this looks very like a reconstituted version of the 'current' t&c's, presumably the 'original' t&c's are within the other 15 pages you mention. did they send anything else with/without your signature on it, an application / agreement form for example? also i think the right to cancel has to be on same page as signature, how old is the account? there are many more experienced in this than me, hopefully someone will be able to help you but it will help them if they have the answers to the queries i've raised. hope this has helped SH lots of qu
  15. hi vic, i'm inclined to agree, having had a rummage through old files, i've come across copy of my original application with t&c's and have started going through these, although if the paperwork they supply still doesn't comply with CCA 1974, still think that the omissions / errors should be highlighted. also came across letter from early 2008 informing me that they were giving notice of termination, although they've continued to apply interest and the odd default charge since. the combined total of payments, interest and 'default' charges since the termination would reduce the c
  16. hi barrowby, me and OH have recently received cca's from egg and are going through these to check for flaws, missing info, etc. would be useful to see what sort of response you got from them. cheers, SH
  17. bumping would appreciate some thoughts / comments in light of recent egg court success. cheers SH
  18. not sure whether NG&P are 'in-house' legals or just lend their credentials to dca's like wescot to try and add some weight to the 'threatograms'. the NG&P letter has wescot details/refs all over it, including the disclaimer on the back page. i'll keep you posted. SH
  19. thanks P1, that sounds like a good size 12 up the derriere! OH had been making token payments since before we found CAG, is there any benefit in maintaining them since OH actually has written acceptance from DCA on behalf of OC, might make a difference to our defence if it ever went down legal route? should i copy the letter to DCA or is it ok to assume NG&P should do this? also, as they had been demending payment of balance in full, OH requested copy of the original DN some toime ago, never received anything back, do you think its worth pursuing at this stage? s
  20. well, i finally got a delivery (not the groceries!) from tesco, looks like a new standard template response post 'carey vs.....' they appear to go to great lengths to explain why they believe they have complied with my request and conveniently omit the fact that i asked them to confirm whether they actually had a the original signed agreements... which it would appear they haven't. i've attached a copy of their reply. is there a suitable template i can use / adapt to reply as i still believe this to be in dispute since they haven't provided a copy of original signed agreement with all
  21. Hi dx that's all that was received from shop direct with a covering letter which stated that this was a signed copy of the credit agreement. SH
  22. Hi, i'd be grateful if someone more knowledgeable in fixed sum agreements could have a look at the attached cca which OH received from NDR after s.77 request. incidentally, OH agreed to convert original catalogue account into fixed sum loan in 2007 in order to get them to back off - if only we'd known about CAG back then! most of prescribed terms seem to be there, personal details & signatures have been removed. am i correct that the various charges listed under key information are unenforceable / unlawful since they didn't actually state the amount and refer to other d
  23. hi P1, it was an an application form with no prescribed terms so i sent the 'in dispute' letter back to OC, haven't heard anything back yet from them, however did receive a final notice (in red!) from DCA (wescot) demanding payment in full - letter quickly despatched asking them to explain their actions. apologies if i've confused the issue with query re. default sums, i'm looking at another agreement for OH which looks as if its all there except for default sums. cheers SH
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