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fletch70 last won the day on October 17 2019

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  1. My mistake , I do think the OP needs some legal advice because leaseholds can be funny things with forfeiture clauses. Are you managing to pay the service charges now? How much does this include for the maintenance fund? Is there any chance of the leaseholders forcing a sale of the freehold, that way any money in the maintenance fund would have to come with it. I appreciate not all freeholders can be forced to sell but many can.
  2. £170,000 that is one hell of a fund and you would never pay it off at 1000 a year. How did it get do high?
  3. I had been told you lived in France . My skeletons have been dealt with I think . You will always be able to find ‘respected’ academics with what I would consider rather strange ideas and misinterpretations as my link showed,
  4. Sorry Bankfodder I don't know all the details but i am aware there is a lot of denial in France just as there is in many other countries, we could look at Poland as a prime example. We could of course look at the UK; were we ever taught about our complicity in the slave trade ( I was taught about abolition). Are we taught about how we butchered people in Ireland- I certainly wasn't . I wasn't taught about Peterloo, neither was I taught about the mass murder in Ukraine on the same level as the Holocaust. Do you spend much time in the UK ? There are huge levels of general xenophobia but more importantly Islamophobia. For the first time since the 1980's the level of people thinking it is acceptable to be gay and out has fallen. All these things mean that we need to fight against it and not make causal comments that feed into it. Brexit has only made it worse; it has given people an excuse to express their bigoted mindset. Here in Coventry, Chinese students are being attacked by idiots who have no idea just how much money they bring to the local economy. So I think yes, we all have skeletons in our cupboards and as a responsible people we need to do what we can to inspire a cosmopolitan and inspiring country
  5. You say you meet all the lending criteria, how do you know? Different companies have different criteria and that can change day by day. It could also be that someone entered something incorrectly. I recently applied for an M&S credit card which was reffered because I missed a 0 off my salary - it could easily just have been declined but wasn't.
  6. Oh come on, mistakes happen https://www.bbc.co.uk/news/entertainment-arts-50153743 maybe you should edit the title of the thread so it doesn't sound quite so little britain i.e. feed into the (not so low level) xenophobia we are facing in the UK at the moment.
  7. My view on this, and it is decidedly un PC, is this- and non of this is based on personal preference (George Clooney as Dr Ross maybe) or River Song - there's a woman with style. Voters are shallow and will vote for the more attractive option - Look at Blair - boyish good looks- at least in 1997 David Cameron/Nick Clegg very much the same Erm May v Corbyn I can't explain and the same goes for BJ v Corbyn although to the stupid I can see that BJ as some sort of buffoonish charm. So if it comes to it, we have to have Kier Starmer - some looks and lots of charm
  8. Personally I have always sent the CCA Request to whomever was chasing me because they do have a duty to pass it on to the creditor, however in this case maybe sending it straight to TSB would be good. make sure you keep copies of everything
  9. While I think Doyle will be used by many a DCA particularly if they are against a LiP, it really does depend on each case. For example, my old Capital One card gave a very specific process which outlined what would happen prior to a DN being issued and pretty much when it would be issued. As it happened they didn't issue a DN and Lowell lost in court. Peoples opinions change rapidly on forums and I can't remember who said what about BMW v Hart although my view was always, to be on the safe side , the initial COA was the remedy date for a DN. Don't get me wrong, I would have tried six years from the date of the first missed payment if I had to but luckily I never did. I think it is always very easy to play fast and loose with other people's claims , after all, the only thing that we will suffer if they lose, is our pride. If someone wants to defend a claim and they honestly have a case, all we can do is advise. I also would, if possible take more than just limitations into court - you only need one thing to be on your side and you win- it is up to the DCA to prove they have all their ducks in a row. There is a lot more to enforceability than just the agreement.
  10. Moorcroft always say that and yes you can argue you sent a valid CCA Request with the fee (their policies are not the law), if it were me I would resend with a signature that was slightly altered and keep a photocopy of it. That is just my opinion
  11. This is exactly what they are designed to do. Try to look at every letter anew and react accordingly. Easier said than done sometimes - I have in the past sent some very unwise replies telling people to F off. Not my finest hour so I do get the stress it can cause.
  12. Amex didn’t sell my debt on even though I wasn’t paying. RBS sold both my Mint and NatWest cards on after not paying for 5 years. Both had good S78 requests but dodgy default notices. I had not assets or mortgage - well not by the time they sold it
  13. Andy I won’t link to what was posted on another forum but the solicitor concerned posted. It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.
  14. Reston's would say that wouldn't they Apparently it was accepted that a S78 was valid https://www.joannaconnollysolicitors.co.uk/notable-cases/ I don't know the details exactly but if it was deemed UE under S127(3) then a CCA Request would be the first step in finding that out surely?
  15. RBS are usually slow at selling debts on but hang in there- they did eventually sell mine on and cabot couldn't produce the goods As for CCA requests and O/Ds there was an appeal case where it was accepted a S78 request was needed for OD. It was MFS Portfolio v Phelan & West Is the Amex a nectar card? I had one from way back when and in response to a CCA Request they produced some data with AMEX Canada Intranet at the bottom of the page- it certainly wan't compliant, another £3.5 K gone Statute barred
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