Hi tomterm8,

the insurance section has my wifes name printed in it by them.

total amount payable has £1591.60 added.

thanks dave,

Like I say, probably clutching at straws....but I had to ask;)

Thanks tomterm8 much appreciated!

I will ask curlyben as you suggest, but may I ask if the ppi would be claimable as it was sold lumped in the balance?

Also, I note that on the agreement it is titled "step 2". I don't know what step 1 was! But I assume there was one.

Hi tomterm8 and thanks for looking,

Regarding the maths, (and without totting it up) I would be gratful if you would let me Know how you read the loan figure . Does this have to be clear to make it enforceable? It maybe just the copy I have been given but it looks like 1300 to me (clutching at straws). On the preference account, its my wifes name at the top (applicant) signed by me, then struck out with 3 lines.

Until I SAR BOS I can't remember what this account was for but I still have the switch card that came in my name.

Cheers reallymadwoman!

I did'nt know there was one!:o

Any opinions/input on the agreement please?

Hi djgordyp,

If you take a look here...CCCS - Preparing a Personal Budget.

you will see a list of all allowable expenses. those which are considered neccessary for a basic standard of living. Regarding the holiday part, even this is considered as fundimental right. You still have a right to a certain amount of enjoyment and a normal familly life. No creditor would accept money held back for 6 weeks in Benidorm.......but an annual week in the country or by the sea at modest expense is quite acceptable.I don't know if there are any hard and fast rules as to what level reasonable expenditure is, but as a rough guide I would say it would be the equivelent of social security benefits. Expenses have to be reasonable and therfore acceptable to your creditors. As an example..... it would be reasonable for a smoker to purchase a small amount of tobacco each month, but not to smoke 30 or fourty shop bought cigarettes a day.

a day!

Hi all,

Could somebody help me with this credit agreement IE. enforcable or not!

the personal loan side has the signatures of both my wife & myself. And the insurance is also signed for.

On the Preference Account side, My wife is the applicant. there is no aurhtorised user specified. And I signed the agreement. This has been struck through with 3 lines as if cancelled.. but I was the one who was issued with a preference card.

As you can see, the insurance on the loan had been lumped in!

I would appreciate any input as to what mileage is in this agreement. We are about to S.A.R. BOS and would like to know where we stand on this first.

Thanks to all,

scampjet.

img002.pdf

Obviously your relationship has deteriorated for whatever reason and I appreciate that it will be hard for you, but in my opinion it would help you both to seek some kind of mediator to your problems. As you are both involved in this, might I suggest that you both talk to citizens advice initially regarding this debt. They are very approachable and will be able to advise you of your liabilities in this. Whether you are liable or not I cannot say, but CAB should be able to advise you further. The important thing here if I may say so, is to stay calm and deal with the problem together if possible. I would assume that this level of loan from a bank has been made subject to some security eg. Property? If this is joint then you will have to deal with this together more so, and the sooner you can, the sooner you will come to a resolution. Cancelling the loan from yesterday is definatley a good idea (assuming of course that no money has been recieved). I sincerely hope you can see a way through this together, and I wish you well.

I have had this at petrol stations... but they have always let me off the penny when I present them with 2 £20 notes;)

Hi Pompeyfaith,

If you intend to defend the claim then you must file an acknowledgment of service ASAP. This allows you a further 14 days (28 days from date of service) to prepare your defence. The accompanying N9B form is the one you use for this. Others far more knowledgable will be along shortly I'm sure...but that is your first step if you have grounds to defend.

I returned to work on this scheme via Shaw trust. Not self employed though!

If the lady at DWP is not interested perhaps you could ask them I always found them able to advise.Also, have you tried DWP website.

Sorry I can't be of more help!

Hi maroondevo52, Thanks for responding.

The thing is, I had the charges agreed before I CCA'd 1st credit and therefor 1st credits balance reflected money which should never have been part of the balance. If Citi gave refund to them, then they will be getting £925 more than they should! At the end of the day, its all money off in the end but I am at the stage now where I am considering ending the DMP with cccs and only paying those I have to. Citi passed the debt onto 1st credit a long time ago and I find it annoying that they can do this. This is why I wondered about right of appropriation.

bump!

bump

Hi all,

Any input apreciated!

Bump!

Hi sparkles,

I'm often is as unsure as you about acting on the of advice of CAG .........but if you follow and digest what is said and then read of all the people in similar circumstances, you realise that the outcome for them has been successful and there is no reason to assume that it won't be for you!

I would never have believed it was possible to fight these people, but slowly and surely I am gaining control again. As I said before, if you always look at the concensus of opinions and scenarios, you will be able to pick through which is the best solution for you.........it really does work!

And theres no better feeling than when you get your "little victories" .

Stick with it and you'll find the same! I don't know how much pressure is being put on you at the moment but if you have reached the 12+2 days stage, with any luck, things may start to get a bit quieter for a while now

Bump!

Hi all,

I would appreciate some input in my fight with Citi.

I complaines to FOS in respect of charges back last year and last December recieved a letter to say that Citi had offered to refund £925. This being close to the figure I asked for I accepted and returned the settlement agreement.

To date I have not recieved anything and Have been getting on average once every 3 weeks the response that they would send a cheque within 3 weeks.

Yesterday. I phoned them and they said that hey were awaiting a copy of my confirmation from FOS and when they recieved it, the could issue a cheque within 7 to ten days. I phoned FOS and they emailed a copy to them again.

I phoned Citi again today to confirm that they had recieved and email and the response was that they did,nt know about yesterday but could confirm that they had recieved this aceptance form from FOS last May.

I have just got off the phone to FOS and they say that they are going to tell them to sent the payment..........but to first credit.

My question is...........First credit do not have or have not produced a credit agreement for this account, so should Citi be able to send this money to the balance owed to first credit?

Does the right to first appropration of funds apply to this type of case?

I dont blame you!

With the major house building companies cutting back and industry pulling in the purse strings its happening all over. I work for a PAT testing company and we too seem to be losing some big clients lately.

Strangely enough as a company we are trying to get into the installation and inspection side of things!

Hi sparkles,

I suppose the best comment I could make to this is by example!

i have just heard from solicitors aking for CL finance in my other thread that they are dropping ththe case due for hearing 2 weeks time. They are dropping it and I quote " we have been in tough with the bank and it is true what you say that the account has been assigned for the wrong account number."

Now, this account is worth 3.5K to them. If they thought they had a hope in hell of geting a result at court the would have continued. All this has been going on since last december and I have been making payments to them via the cccs every month.

Another one was Cabot! They had no agreement...they wrangled for months....they went quite and then we had a letter out of the blue which said "We have taken an executive deicsion to wipe of the debt and we will not be passing it on to another company" this too was for £3200.

Again we had been paying them via dmp, After many months after CCA I wrote to them and said that they had no right to have been taking money on this account as it was in dispute and as they obviously did'nt have an agreement it was time they informed the cccs that they no longer wish to recieve payments, eventually they did. There are few others now that I am ready to use this ploy with and if that gets no response, I am now geting to the position where I can dump the DMP and pay only the ones who have agreements. ( Or at least thats the plan).

Its not just about the legal or moral duty to pay, but also about the tactics they have used. Your letters of complaint over time build up to a serious proof of thier breaches of the law and as such even if they think they can win at court, it is highly likely that they wont let it get that far because their actions would be proved to be unlawful. In admiting this they risk loosing thier licence to trade and wont risk it.

These methods do work and there are loads of people who have succeeded in at least getting some power back...and you will too! It just takes a long time!

Scampjet.

Great news for you Scampjet. I have this image of you stalking the postman until the letter is delivered

Oooops! I must have left my web cam on!

Thanks citizenB.

Thanks blossom.

do you know how much the flat was sold for? I am assuming here that it was repossessed in order to service the debt.