I am glad you have noticed 2Grumpy. Many people are making the mistake of insisting on a signed copy but as it clearly states from OFT this is not the case.

FOS and CAG do not encourage anyone to "get out of paying a debt" which clearly belongs to the person. What we ask is that the correct proceudres are followed and that as a consumer you are given the chance to clear the debt in a way which is fair.

Lets be honest most people know if they had a credit card / credit agreement and not paid it all. So when a DCA calls you understand it is your debt. The initial idea of sending for the agreement under a CCA request was to find the exact amount owed and to ensure the DCA / creditor had not added £s onto the debt unlawfully. We do not encourage you to send for info under CCA to get out of paying the debt which you know is yours.

It is the meaning of this thread to encourage consumers to make an official complaint if and when you have been unfairly treated by 1st Credit. It is not for this thread to decide what is fair and unfair but rather to give information to the reader to make an informed decision on whether or not a complaint should be made to OFT.

Hope this helps

I was unable to go to FOS with my complaint because they didnt have jurisdiction over 1st Credit at the time of the original incident.....very frustrating but if we can gt enough complaints in to OFT then with luck they will investigate their actions.

I have had the unfortunate experience with this company. I have taken this complaint to Trading Standards and Consumer Direct and FOS leading it to be sent to OFT. This is the response I received:

Dear Mrsfoot, I am very sorry to hear about the difficulties you have been experiencing however, the OFT has no authority to become involved in disputes between consumers and traders and so we cannot offer you any direct help with the complaint or advise you directly in this matter. Our role is to protect the collective interests of consumers.

The Consumer Credit Act 1974 (the Act) established a licensing system to protect the interests of consumers in the credit area. If a business wishes to undertake the collection of debts that arise from consumer credit agreements then the Act states that they are required to hold a consumer credit licence; this is issued by the OFT.

The above trader holds a consumer credit licence. Under the Act, the OFT has a duty to consider the fitness of all traders who hold consumer credit licences.

In considering fitness we take into account whether a business has engaged in improper business practices. Where we receive complaints about the business practices of licensees, we investigate them and where appropriate we take enforcement action; that action depends on the evidence and circumstances. Action the OFT can take includes revoking, refusing or suspending a licence; or placing conduct requirements on the licence of the company or business in question (failure to comply with a conduct requirement can result in a financial penalty being levied).

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

The general effects of sections 77-79 requires the creditor/owner (in the case of a hire agreement) under an agreement for (fixed-sum credit, running account credit and hire agreement) to provide the debtor/hirer with a copy of the executed agreement and a statement of account on request.

If a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence. We understand your concerns in this matter but please do remember however that once the creditor/owner complies with the request albeit out of time, he may once again enforce the agreement.

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The name, address and signature of the debtor do not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due). However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise.

We note your concerns that in the absence of a copy of the original agreement someone's liability for a debt can only lead to further query. However in circumstances like this we would view it is as unfair practice under section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or provide details as appropriate when a debt is queried or disputed.

I have noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any licensing action we may decide to take. If we do take any licensing action against this trader, it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you could sign the enclosed consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to restrictions on the OFT relating to disclosure of information (Part 9 of the Enterprise Act 2002).

I note that you have contacted your Trading Standards and Consumer Direct. Should you require further specialist, face-to-face assistance, or intervention, you may wish to seek legal advice either through a local Citizens' Advice Bureau or directly from a legal adviser.

The Financial Ombudsman Service (FOS) can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. FOS can be contacted at: The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR; telephone number, 0845 080 1800, or www.financial-ombudsman.org.uk.

Thank you again for writing to us and bringing this matter to our attention.

So everyone with experience with this company must send a complaint to OFT in order for them to investigate.

Mrsfoot

How is this case getting on??

Ok update

Carl's buyer has pulled out of the deal.

Carl has now completed a N244 and has now a court date before the eviction date to go into court and ask for longer to sell the house. A couple of things I need help with:

He now has a house to move in to which will be ready before the eviction. Should he just hand keys over at this point or go to court and get a little longer to find another buyer?

The notice was from SPML. They had a suspended order against them. Did this mean SPML could instigate the eviction without going back to court?

Is it possible for the Judge to ask SPML to remove the ERC?

The form N244 has been completed and a witness statement attached to it. Is he on the right road??

Any help as ever is gratefully received x

Your friend could email [email protected] and ask if there are any project which they fund in her area. This is because SP only fund organisations not individuals.

However if your friend has worked then check out this link http://www.joblinks.org.uk/ for trust funds which will accept aplications for assitance in many cases.

She could also call SP and check she is on the right tarrif. A lot of providers are now offering a lower price for ppl in recipet of benefits.

Hope this helps

Thank you all very much for your suggestions....as wonderful as ever.

I think she is going to use the letter to the Council at first. Her partner is with a Union so if she gets nowhere with the letter she will refer it to his union solicitors.

Thanks again you lot xx

My sister unfortunately had an accident last week leaving her with couple broken bones. I want to help her bring a case against the local council for negligence, do not want a no win no fee "company" but she cant afford legal fees.

Does anyone know the best way to go forward on this? Any advice would be gratefully received.

Hi Suzie

Unfortunately hairdressers do not need to display prices although lots do to stop this kind of event happening.

Advice to maybe check price before you attend the salon

Hi Borgbaiter

You can google the judges name...this will give you info on which court / law practice if any that he is associated with.

Please dont be overly concerned re the costs in case....my case was similar and I had no costs against me.

The "without prejudice" meeting I feel is a good sign. Without prejudice normally is associated with a settlement. The WP state usually means no party can use it in court, although in certain circumstances it can be.

Make sure you complete your costs schedule and send it to the other party at least 24 hours before the case is heard.

Hope this helps

Sorry to hear this, great advice from Slick123

Hi Mamatemi1

How did it go on weds??

"Early repayment Charges are payable on this mortgage as follows:

Date of repayment Oct 05 - Sept 06 6% £4536.24

Oct 06 - Sept 07 6% £4494.01

Oct 07 - Sept 08 6% £4448.52

Thereafter 1 months notice will be required. The maximum charge you could pay is £4731.24. The early repayment charges may vary from cash example if the interest rates change"

I am thinking along the lines of if the fixed rate period ran for 3 yrs and was form the date of the offer, why does the ERC not do the same? Yes it is clearly stated in the agreement but surely this is unfair?

Hi Bona...yes he pays ERC if before OCtober. He has a seller but you know how these things ttake time.

He has now received an eviction notice from SPML which gives him 1 month to leave the property. Am I right in thinking there should have been another hearing in order to issue the warrant for eviction (it was suspended in September last year) or can they just do this without a hearing?

Any help would be brilliant

Hi all

Helping a friend who has been struggling to pay his mortgage. He has found someone to buy it from him as his repayments shot up from £579 to £779 a month. Now heres the story

Took the 3 yr fixed rate deal in October 2005. In March this yr he got a letter stating his repayments would be increased to the above amount. We queried this with the lender who advised him the fixed rate began on the date of the offer and not on the date of signing. The offer was made in April 2005, but due to the previous lender messing around it was not signed till Oct 05.

So I wrote to them on his behalf regarding the ERC which is a normal 3 yr tie in, asking them did this also begin the day of the offer, and he got a reply saying no that began on the day of signing!

So where does he go now? Its all one way...the rate went up 3 yrs to the day of the offer but the erc is in force till the 3yr anniversary date.

Is this unfair? Yes of course it is but legally?? Does anyone have any ideas? This mortgage is with SPML. All ideas welcome!!!

Mrsfoot

Have just seen the new terms for charges added to Barclays Cash Card accounts. Is this a new thing....is it related to how they feel the court case will go?? Decide for yourself!

All cases where a SO or DD are returned unpaid will now incur a Returned Transaction Fee of £8 per day. It is not limited to how many transactions can be charged in any one day and a fee is incurred each and every day it is overdrawn. It will go out of the bank the day after the SO or DD was returned.

They have updateed clause 7 of the Customer Agreement and also "Bank Charges Explained"

Mrsfoot

Have just seen the new terms for charges added to Barclays Cash Card accounts. Is this a new thing....is it related to how they feel the court case will go?? Decide for yourself!

All cases where a SO or DD are returned unpaid will now incur a Returned Transaction Fee of £8 per day. It is not limited to how many transactions can be charged in any one day and a fee is incurred each and every day it is overdrawn. It will go out of the bank the day after the SO or DD was returned.

They have updateed clause 7 of the Customer Agreement and also "Bank Charges Explained"

Mrsfoot

Mamatemi1, they will not be able to get a ccj against you if they do not show the court a signed copy of the loan agreement.

Go to court on Weds and show the judge what you have done in order to receive the agreement. However be aware that the judge will take into consideration the fact that you have been making payments up to May 2007 so you cannot use the "i dont think its my debt" argument. But it s a legal right to have a signed copy of the agreement and they have failed to adhere to that.

You should have followed the process and reported Barclays to OFT and FSA for failing to send the agreement. It is not too late to do this, and i suggest you do so asap. I am sure it can be done online so you will get a response from them to say they are dealing with it so you can show it to the judge.

Sort out your paperwork

You need to have a copy of:

1. Each letter you have sent

2. Proof that each letter was recieved by Barclays

3. Any response you may have received

4. Copy of allocation questionairre

5. Copy of paperwork sent to you from Barclays regarding Weds hearing

6. Write an argument summary using the CCA regulations...state what you did, when you did it, why you did it, what should you have got, what did you get and what you respectfully request the court to order.

7. Always have a set of this paperwork ready for the Judge and other side.

Hope this helps

Hi

I have given the contracts back to my sister in law, however in there is a clause which states you have to claim within 90 days. In response and to remain fair and on an equal footing they should treat you similar. Use this to get your money....it worked for my sister in law.

I did hhope to put the letter I wrote on here but I seemt o have lost in...I will keep looking and try uploading it for you all to use.

Volgerok

Congratulations on the win. That is fantastic news!!

Well done for sticking to your guns and not being "manhandled" away from claiming....I hope the future is filled with health, wealth and ha[[iness for you and yours!

Ps....if you have not made a donation as of yet please remember even small amounts help run this site for others who are in the shoes you have just shed

Hi Voglerok

I have pm'd you a reply to your question.

Some things vital to remember:

1. Always give tghe time scale that you have informed them of in your letters.

2. Never call...always complete all correspondance in writing so you have proof of what was said / spoke about

3. Take little notice of signatures on letters, mostly they are spat out by a pc and either printed on presigned paper or the signature has been entered onto the pc and just forms part of the letter.

As far as I can see you have a 7 days left before your LBA expires. Give them the time you stated then complete the N1 form. Do not correspond with the bank as they very rarely pay out until they see you are serious and this is normally only at the court stage!

If you need help with the N1 then shout out!

Fees This link gives you info about the fees due. http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetLeaflet.do?court_leaflets_id=172 this form shows you under what circumstances you can get remission. You do not have to be in reciept of a benefit. You can also get remission if you can prove it will cause financial hardship if you had to pay. Of course you have to show evidence of income / expenditure, but it is worth having a look.

Hope this helps

My sister in law unfortunately has insurance with e and l. Her dog has had 3 ops the first in Jan 07 which has only just been paid out. Within 3 days of the first op notification which e and l ask for they put an amended clause stating a further op of its kind would not be paid out. The 2nd and third op were then paid by my sister in law in full. After reading through the policies / letters / emails and all other bumf from these people we have just seen that the new clause stared from Aug 2008....mistake on their part but hey....they now have to repay all of the money in full and within 14 days. This was sorted on Monday and the cheque for all monies arrived yesterday! In their policy they state you must claim within 90 days or lose out. I stated they had breach their own contract by leaving the policy holder on unfair footing and taking over 16 months (480 days) to make the payment. They cannot hold a clause valid if all parties are not bound by them equally.

Dont let then fob you off if you have a policy with them....and dont forget to make a formal complaint to the financial ombudsman regarding their behaviour!

Hope this helps.....If necessary I can copy the letter I wrote for tohers to use.Just let me know

Well what a great thread. I am a little confused over the administrator information (Capstone and SPML) and would appreciate some advice on this from someone. I have tried reading the info but I am afraid it is all going in one ear and out the other. Can anyone do an analogy / example of what this concerns?

Re brokers. I think we all agree that there are some brokers who do their job effeciently....but along with many other trades there are some who do the job for the commission alone and it is of course a known fact that some sub prime lenders give more commission than high street lenders do.

Re my MP's comments. Yes they are complete bollox and I wondered why it took so long to get the reply...of course he was waiting until after the elections before sending such drivel. Its not stopping there. As soon as I get more info a the capston / spml situation then I will be writing to mr brown et al and giving them some questions I want answers to...seems their local mp's can only say it is our own fault we have to use these "regulated" companies!

Thanks for a great read guys....keep it up

Mrsfoot

Hi Adamski

Thats great news that you are being passed the cuts......but the main banks sub prime mortgage business is not really the problem. They work with more transparecy...unfortunately its the likes of Kensington, SPML, Swift etc who are hiking the monthly cost up and are not passing on the reductions.

Ok here is the response from my MP

Dear Mrsfoot

Thank you for your letter dated 18th April regarding interest rates. I have attached a copy of the Chancellors intended speech in which he addressed the difficulties we face economically globally. The UK Gvmt has only limited ability to influence the larger global situation.

There are other losers in the sub prime market besides mortgage holders including loss of jobs when companies close down offices / business's.

I would suggest that unless the Gvmt take complete ownership of all mortgage companies tey would not be able to control the interest rates, those people eho are forced to take mortgages at higher rates will be largely those who have less attractive financia; backgrounds to those eho are able to obtail lower rates of interest.

The Chancellor has already taken unprecedented steps to try to assist this market but has to balance not only the housing situation of the community but also the tax payer. It is not an easy path to tread but I reiterate the Chancellors view that banks themselves do have a responsibility to manage the risk of their own lending.

Anyone have any comments??