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Tristesse

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Posts posted by Tristesse

  1. Thanks MrShed,

     

    You are quite correct and i see it as no actual loss either, if my wife was to take the keys back to remove the cobwebs i assume in the eyes of the law we would be doing no wrong? The only reason i ask is i have after today lost complete trust in the letting agent through what i deem to be deception on their part.

     

    The last thing i would want is for them to make another claim to the tune of of the last one because she has been allowed back in.

     

    Cheers

    Tristesse

  2. I have a problem with the letting agents for our previous home regarding the return of a deposit the story is as follows:

     

    This morning i recieved a call from the agent who was inspecting the property, they stated that the property was is a poor state of cleanliness and they would be witholding a large part of the deposit to get cleaners in (stated approx £600). I wholly dispute this as we spent two days cleaning everything from the carpets to the walls.

     

    I asked the letting agent which scheme the deposit was protected in, they stated the TDS. I contacted the TDS who had no record. I then contacted the other two for good measure - no record.

     

    On advice of TDS i contacted the agent for the reference number, they could not find it but half an hour later left me a message with a number.

     

    I checked this number online and found it to be a closed account for a property we rented 2 years ago (this deposit returned in full) so i contacted TDS to see if they had transferred it in some way, they hadn't.

     

    A while later i wanted to check one more time with the TDS and this time they found the deposit registered today @ 2:32pm. I explained to the TDS that the tenancy expired last week.

     

    I called the agent back and told them the number provided earlier was for the place we rented two years ago, our mistake they replied we will try and get the new reference. No need i said as i had contacted the TDS but what confused me i explained was the fact the deposit had only been registered today. They replied that they couldn't understand that and would look into it and get back to me.

     

    The agent phoned my wife (stating they had left me numerous messages - i had none) and that a 19 year admin assistant had remembered that over a year ago she had forgot to register the deposit and had indeed just got round to it - amazing, they stated there was no deceipt at all and said that actually the place wasn't so bad and would she like to go back into the house to clean some cobwebs and then they would return the deposit.

     

    I'm feeling very bitter about this and am considering going for the full penalty. I would like some advice as to wether this is practical and also if my wife should go in tomorrow to clean some cobwebs.

     

    Any advice would be much appreciated,

     

    Sincerely

    Tristesse

  3. Hi Steve,

     

    Thanks for the reply, deposit was paid on the day of moving in which i've discovered was mid may 2007 so that should be covered.

    We are thinking that there will be no choice but to stay until at least mid Jan moving over the holidays really won't be an option unfortunately.

    I have demanded they move the loo off the garden and was informed they couldn't move it to the fenced off area as diggers etc needed access, the chap then went onto say that a lock up would be placed in front of the loo so that will hide it, they must think i was born yesterday as not only will there be a loo there will now be 'lock up' blocking the windows, the landlord has gone very quiet and is not answering my calls.

    As predicted no word on the lights accept the previous you've changed thats the problem i'll get someone out soon. Terrific.

     

    Best Regards

  4. Hi Steve thanks for the quick reply.

     

    We moved in literally just after that date so hopefully the deposit will be protected although i've never actually asked the question.

     

    I thought that may be the case with the notice period and as such (with it being so close to Christmas) we would be unable to move anywhere quickly.

     

    I have checked the contract and there is nothing in there remotely related to the building works and other than a telephone call between myself and the landlord nothing to say building works would be taking place.

     

    The inventory on move in lists the two apple trees and plum tree that once formally stood in the garden, these have been taken out to make way for the house this will in no way reflect on us?

     

    Best Regards

  5. Hi i wonder if anyone could offer some advice.

     

    We've been renting a property for 18 months now initially on a 12 month contract and now i'm assuming month by month. The landlord has just started building a new property on the land, although we knew about the building works approx 3 months ago and were shown where the building would be etc unfortunately it hasn't gone to plan. We have basically lost the entire use of our garden (were told we would lose just under half) and to add insult to injury the small peice of front garden we had remaining now has a porter loo on it (even more unfortunate that our front room windows are rather large bay ones and as such we have a panoramic view of the comings and goings) I have two small children and this is causing great concern now.

     

    To add to the problems we've had electrical faults in the house since we moved in particuraly with the lighting mains. None of the upstairs lights have worked for approx 6 months and previous to that we had no bathroom main light since we moved in, i had spoke with the landlord about this on many occasions and suddenly he has blamed it on me saying i've changed the lights fittings and put wrong ones in which has blown the lighting mains, this is not the case i have not touched any lights at all other than changing the odd bulb. He has a handyman backing him up on this saying we have changed the lights.

     

    There are a host of other problems with the house which i have been waiting to be fixed for well over 6 months and now i'm at my wits end. What i would like to do is say stuff it and move out, the only problem with this being notice period leaving us only days before Christmas to move into a new place and if the deposit is not returned very swiftly we really would be stuffed.

     

    Is there anything anyone can recommend? I really would like to move out asap but if we really have to stick to the one month notice or risk losing deposit then i can't do it.

     

    As we are still paying the same rent and have no gardens now can we rightfully ask for a redunction in rent until we can find another place?

     

    Any thoughts would be most appreciated.

     

    Many thanks

  6. Thanks for your replys

     

    i was also shocked the letter from Lowell's actually states 'We are writing to you with the regards to the address outlined above which was provided to us by Experian the UKs largest Credit Reference Agency... Experian hold information on over 43 million UK consumers... They have informed us that you previously resided at xxxxx and we need to validate this information'.

     

    It then gives there 0800 number to call which I certainly shall not be doing... I have no idea what these chaps actually want and verbally at least i'm not willing to find out.

     

    I will draft a complaint letter tommorow and post it here for comments before i send it.

     

    The battles begun and I haven't even received my Credit File yet but still I've been reading some of the other threads here and do not feel in the slightest nervous any more.

     

    Not so long ago we were in very bad financial shape and some of the companies (MBNA in particular) would not only listen to my solutions they snubbed them at every oppourtunity at one point even claiming that i was being a criminal as i couldn't make the minimum payment. Move forward and things are better however i won't be subject to that again and certainly not through applying for my file from experian.

  7. Hi,

     

    I've decided to start clearing my credit file of inaccuracies and applied for a copy from Experian (will go for this one first).

     

    A very brief history, 4 CCA requests sent over the last year none have returned any of the requested and all i believe have placed defaults.

     

    After applying to Experian they sent me a letter requiring I validate my address and provide ID in the way of a passport / birth cert. I'm not surprised about the address I've not long moved and not been placed on the Electoral Register yet although i did give all of my last addresses etc.

    The same day as the letter arrives another company lowell (i believe a DCA) sent me a letter saying they had been provided my address from Experian and i needed to contact them asap.

    This seems like madness to me Experian are willing to give out a new address and yet won't give me a credit file as i need to 'validate it'? I'm only glad i didn't put my phone number on the application form otherwise no doubt my house would transform into a BT switchboard.

     

    Anyhow is this worth a complaint or is it just typical and best to forget?

     

    Once the files arrive (haven't sent the ID off yet) I'll keep you upto date on my progress; have never done anything like this before so am kind of nervous but we shall see.

  8. Phone call 5 minutes ago from Dawn? at MBNA telling me that they now had my accounts and I wouldn't be getting any more phone calls from those other people ?!

    I of course told her to put everything she had to say in writing and I would then deal with it,to which she asked "how will you deal with it"?

    She then went on to talk a load of rubbish about closing the accounts, taking action, etc.

    I informed her I was terminating the call and put the phone down.

    The old MBNA good cop, bad cop routine. These muppets did this with me. I also sent the letter regarding telephone harrasment which was ignored, fortunately we were due to move house several weeks later and i planned to change telephone number anyway but during the two weeks i had some fun with them just answer the phone 'all calls are recorded for litigation purposes' or variants there of until TS or your letters work in getting them to stop telephone harrasment.

     

    As for the Default etc i never received one from MBNA, i did from Wescot some time later however i took the normal route and CCAd Wescot to which they still haven't complied (this was two years ago!)

  9. Hi pinkmoomin,

     

    Please try to stay calm someone will be along shortly with more advice than i can offer. Alot has been covered on these forums about log book so search and read them threads in detail. The main way to go at the moment is the charges. SAR them and get hold of everything (CCA maybe an option worth looking at also), clearly you are in the position that if charges had not have been applied you would not be in the position you are.

    Is there anything you can do with the car? It will be worth looking at every possibility even if it means you have to catch a bus a few days to were the car is kept. Remember out of sight out of their hands.

    Whilst i commend you for taking action swiftly and suggesting a repayment schedule / reduction in added charges it is worth remembering that these charges are excessive and can be reclaimed in full and you should not accept these charges.

  10. Not sure how it will work but surely can only give good results either way they will have to stop contacting you and if they send your Mums agreement then post on here and we can draft a complaint to the relavent parties. I know it's quite a drastic measure (one which i choose to take) but you can call BT and have your number changed at no charge.

  11. Firstly try the harrasment by telephone letter. This should stop the calls. I would then CCA them for you, they won't have one (of course not your debt) and if they do send your Mums one out they will be breaking the data protection act and you will have proof they have done so (I wouldn't put this past them and it will make for a nice complaint). When the timelines expire for the CCA request you can demand them to remove your details from there systems.

  12. I'm not suggesting that CCAing them is a way of not paying debts (thats a personnel matter for each person) it does however give you the breathing space you need and could make them more open to suggestions. Alot of them will be very difficult and you need to have some ammunition to go back at them with, a lack of CCA is the perfect weapon in my mind.

  13. Good advice from RussH offered and you must remember when calculating that it has to be absolutely realistic and don't underestimate your costs as if you need to lower payments later on it will be alot harder.

    You will need to CCA them before you send your offer, if they don't reply (don't have the CCA) then you are in a very strong position indeed as the debt will be uneforcable and more people will offer advice when this occurs.

    I'm sure someone will come along shortly who will point you in the right direction for a CCA request.

    All the best

  14. Hi sorry to be confusing the Link CCA was for another debt which they own, I CCA'd them got some waffle about them looking into it and haven't heard anything since on that, time scales are easily surpassed now, no default showing on Experian but will have to get Credit files from other agencies.

     

    The other debt (Arrow) I've never received any default notices for and they have registered one yesterday with Experian (possibly the others as well but can't confirm that). The only stuff I have received in relation to this debt are letters from Wescot demanding payment.

    I haven't actually put the letter in the post box yet but thought Arrow would be the best people to hit with the CCA as they own the debt?

     

    Many thanks

  15. Haven't had any default notices have had letters from Wescot who are acting on behalf of Arrow. Just sent that so i look forward to a lack of response.

    I'm not sure if Link have registered anything in regards to the other debt but I never recieved anything from them either until a letter demanding payment.

    As link have now failed to provide the information within the required time is it worth me pointing this out to them and asking them to remove any information they may have registered.

    Thanks for your help

    Tristesse

  16. Had an alert from Experian that a Default has been registered on my Credit file, investigated and found its Arrow Global for £3000 an old MBNA debt by the looks. Does this mean they have purchased the debt from MBNA?

     

    I'm sending this today recorded any comments welcome:

     

    Dear Sirs,

    I do not acknowledge ANY debt to your company.

    I note a default has been registered (by Arrow Global) against me with one or more Credit Reference agencies.

    I require you to supply the following documentation before I correspond further on this matter.

    You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 – (s.77 (1) for fixed sum credit). I enclose a Postal Order to the value of £1.00 in payment of the statuary fee. This is not to be applied as any kind of payment to the disputed account.

    A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

    You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the Consumer Credit Act 1974.

    As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974 and therefore is a complete defence to any court claim that is issued.

    Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

    Communication will be in writing only.

    Personal visits by Arrow Global Receivables Ltd or its agents are refused.

     

    Yours Sincerely

    ___________

    Haven't recieved a reply from a CCA I sent to Link 6 weeks ago either so could anyone suggest a nice follow up letter for that also.

    All the best,

    Tristesse

  17. I'm not 100% sure of what action to take except for cancel your payments to the Company immediately and contact CCCS or Payplan to arrange a new plan with them (both organisations will not charge you so 100% of your money will go towards paying of debts).

     

    The Creditors do not legally have to stop adding interest to your account (i don't think anyway) whilst being part of a repayment plan but many will do, the DMP company should have informed you if the interest and charges were not going to be frozen.

    You will almost certainly have unlawful charges on these accounts and these should be reclaimed, this will lower (or could even wipe out) the amount you owe.

     

    I'm sure someone with more knowledge than me will post shortly.

    Cheers

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