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FairlyNiceChap

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About FairlyNiceChap

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  1. D5T - Brilliant - it looks like you were pretty cool as a cucumber under pressure (water notwithstanding)- I am still waiting for my darn SAR from GE M and I trust you will have had a few drinkies on your winnings even before I get there I think the grapevine must be on fire - all professions have a grapevine - and if they really think they are having the pi55 taken they will start moving up a gear - well done!
  2. Seawall - regardless of the recent hiccup (thats how I see it) Office of Fair Trading Test for Excessive Redemption Charges Gives us "A term in a mortgage agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations. A redemption charge may be regarded as a penalty even if it is expressd as the price for exercising a right rather than a consequence of breaking the agreement." Now that is from the OFT and it isn't chopped liver So I think this alone is enough to show there is a case to answer All the usual denials (I know nothing about law etc) - but Good luck with GeMoney - I am about to have to enforce data protectiona ct on them and have two ERCS to get stuck into best FNC
  3. Well LBA notice has expired So I phoned Customer services as I have the N1 form in my mitts ready to go last chance i thought. They said then you must go ahead I said but surely you are wasting members costs (as a BS( He said but what we are doing "may be unlawful" but that is untested and meanwhile statistically we expect you to drop out because its too much effort for most people and so in our interests I pointed out that they were hiding behind the court process and he agreed! I argued that this was surely wrong - he said that is our policy. Guess where my N1 is going with a court fee tomorrow!!!
  4. Hi mollymoo C & G Chief Office Barnett Way Gloucs GL4 3RL Have recieved a response today which seems to confirm address is ok
  5. Hi Rbrears Can I ask for clarification here If i follow your argument the key issue is - is there a breach? So If a contract said 1) Party a gives party b a fiver in payment for the loan of toys for an hour 2) As a promotional bonus on entering the contract b gives a an irresistable freebie promotional sweetie of value £0.50 3) If the toys are returned early there will be a pro-rata refund, less sum of £1 costs and less £0.50 p (the value of the consumed sweetie). 4) £1 is a liquidated cost - estimated at time of contract as costs of extra admin Regarding 3) Which of the following best describes your position (if either) The £1 is ok - it is compensation the 50p is ok because it anticipates non completion of term of contract (so there is no breach) or The £1 would be ok but the 50p is a penalty (it is unrelated to liquidated costs as the 50p freebie was a sales promotion) - so clause 3 is a penalty term for breach and is unenforceable Sorry to be thick - but the above is effectively the wording I have on my contract - the "Freebie" was in my case a 2% Cash "GIFT" returnable if terminated within 5 years many thanks for your time FNC
  6. Hollow words of comfort Nevos - One could excuse Jamorgan for being less than comforted and Nevos - what would you say bank charges on overdrafts for example "they they lent you the money, you happily borrowed it, before you signed on the dotted line you would have had lot's of bit's of paper telling you what your in for and what it will cost you to get out from under." So in conclusion Nevos - if you aren't backing the CAG position - have the honesty to declare yourself - failing that goodbye
  7. JaMorgan This is an example of what everyone dreads and I feel for you. On the positive side, this is absolutely fundamental to everyone at CAG and so you can be sure that everyone will be concerned (not only out of sympathy for you of coarse but also in light of the bigger picture). It may be hard to see the big picture at the moment, but it is clear to everyone who has rehearsed these arguments that you have a strong (at least answerable) position and so it should be heard All the best FNC
  8. Martin I would love nothing more for lloyds to remortgage for me at a good price - especially if there was a big erc - I would do it for the pleasure of taking advantage of the deal then I would back out paying my erc - then I would wait 12 years and go back at them for the erc plus compound interest just for the pleasure of giving them a taste of their own medicine
  9. Hi Martinhw Wishing you good luck and letting you know I am slightly ahad of you with C&G so you might like to follow my thread http://www.consumeractiongroup.co.uk/forum/mortgage-companies/55694-fnc-c-g-erc.html I have sent prelim for ERC of 1420 plus 8% statutory interest Contractual interest compounded actually works out lower for me because I didnt have a current a/c with them so there was no unauthorised borrowing rate - just the mortgage - so ignore that detail on my thread In terms of what you can claim I would suggest you pm a moderator because I am not clear on this. Obviously the ERC and Home visit I would think - The sealing charge and referral fee - it might be worth a letter to C&G to give them a chance to clarify in case they are legit (some chance) Anyway best luck and stay in touch
  10. Suhari - I am no expert but I would think that under g) above if it went fast or multi-track it would set precedent (which surely someoone must do at some stage) Precedent would I think clean out the whole nonsense that the courts are clogged up with and would effect all lenders not just your defendant So there could be a danger at some stage of costs - on the flip side if the lenders are held to be hiding behind the court process (intimidating people top drop out) then there is an argument for punitive damages (a court might consider £millions would be appropriate) - Warning no one else on this site has taken up the cry for punitive damages yet - so maybe Im being daft but I think this is exactly what they are for see http://www.lawcom.gov.uk/docs/lc247.pdf As Lord Diplock said in Broome v Cassell, To restrict the damages recoverable to the actual gain made by the defendant if it exceeded the loss caused to the plaintiff, would leave a defendant contemplating an unlawful act with the certainty that he had nothing to lose to balance against the chance that the plaintiff might never sue him or, if he did, might fail in the hazards of litigation.
  11. Jamorgan If anyone else has picked up on this do please ignore me (also I have no legal background - just comparing things i have read on the site in different places) but (maybe Zoot could comment?).... The above seems to me suggest that (by implication) the fee indemnify Kensington against risk in offering us a reduced interest rate in order to attract custom - Therefore is also contrary to s.4 Unfair Contract Terms Act 1977. This is probably unreasonable under s.11 UCT as Kensington is in a far better placed position than consumers to bear the risk If i am talking bol***x Sorryto waste your time (gl it the hearing)
  12. Just some simple entertainment In my Statements the ERC was annotated as "ERC Cash Gift" Someone ought to let C&G know that it is better to give than to deceive
  13. 13th January Sending Prelim Am claiming Contractual Interest or Statutory in alternative Total Comes to something short of £2K Have suggested early settlement would be in their interests
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