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  1. hi, i have requested the document proof from my creditors they have not provided no documents it is over 14 days, what shall i do? also where do i stand in terms of paying the debt or managing the payments. can i oppose that and get out of not paying. pls advice
  2. hi, i need some urgent advice. I was due to let my flat this friday, signed the agreement, ready to move in with my partner. we have now split and i've been told by the estate agents i cannot back out. This will leave my homeless for the short term. Does anyone know what i can do about this? I know ill be inconveniencing the new tenants but there is really nothing i can do.
  3. Hello! I've recently been HOUNDED for £412 from a company called portfolio recovery associates every day for the last couple of months. They leave a voicemail (pre recorded) when I'm out and when I answer it's a robotic voice saying they would like to speak to me, then it connects to an operator....I thought this was illegal?! Anyway I contested the debt as there's no way I owe £412 to anyone and demanded for them to send me a credit agreement. They sent one, and it says I borrowed £80 from Wonga a while back. The woman on the phone said it's gone up to £412 due to added fees...there is no mention of this in the "credit agreement" only the £80 that was apparently originally borrowed. So my question is this....would I legally have to pay the £412 even though I have no proof that this is the amount Wonga require as there's no mention of this amount?! I mean, PRA could have changed the figures themselves couldn't they? And it's a 3 year old debt...have they stalled the default due to them maybe not having correct proof? And what makes a credit agreement a credit agreement? Thanks for your help typed this on my phone and probably doesn't make a lot of sense! Thank you
  4. Hi My parents ran into some financial difficulty a number of years ago with Lloyds TSB. Lloyds closed the accounts and my parents reached an agreement with them to pay a monthly amount on the debt. In 2012, Lloyds sold the debt to Cabot Financial. My parents continued paying the agreed monthly sum and have never missed a payment. Cabot have now written to them saying: "We can confirm that we hold three Lloyds TSB accounts in your names. The accounts were grouped as one consolidated loan, when the accounts were originally with Lloyds TSB. The payment that you were making was being split pro rata across these accounts. However, now that Cabot Financial owns these accounts, they have been separated and we now require a repayment arrangement for each account." My (terminally ill) parents don't want to deal with this at all - they've handed it to me and just want to be left alone. I've not spoken to Cabot yet but wanted some advice before I do - I guess the key question is can they change the terms of the original agreement for this reason? TIA
  5. Back in October 2013 I wrote Lowell and requested a copy of a credit agreement before I agreed to set up a payment plan, I sent the required postal order £1 fee They wrote to me twice in October and once in November telling me they had put my account on hold as they were still trying to a copy of my credit agreement. It is now February 2014 and I have not heard from them, do I write to them and see if they have found it ? Do I leave it and wait until they contact me ? Can I say because it has gone past the 12 days and they have not found my agreement can they write of my debt ?
  6. Hi I have looked all over including on the forums and not been able to find an answer to this particular question, Some years ago I followed the advice on here regarding a pre-2007 catalogue debt. I requested the credit agreeement which was provided to me and it was unsigned. I assumed this was the end of it as I stopped receiving letters and then since moved house however the letters have now started up again I have scanned copies of my original letter their reply and the unsigned agreement to send to them but I am completely stuck on the wording of this in terms of what I am actually asking them to do? Am I asking to acknowledge that the debt is unenforceable and therefore want written confirmation that the debt will be removed from my credit file? Unsure of wording and what the next steps might be, any help greatly appreciated!!!
  7. Hi, I have finished my useless stint with Ingeus and referred back to JCP. My JCP advisor changed my jobseeker agreement from part-time work to 40hr a week with immediate start. He also said I have to look for work 40 hrs a week inc. weekend and that I must log into universal jobmatch everyday to do this. I explained there was a reason I am only looking for part-time work as I have caring responsibilities i.e look after my teenage daughter who has special needs. He ignored me and printed off a list of work seeking activities that I had to do - which I was OK with as it was less than I have been asked to do in the past - once I signed that he gave me another sheet of paper that stated the 40hrs a week work, I told him I was not signing it as I had caring responsibilities, he told me that I had already signed and stapled the two sheets together to make it look like I had agreed and signed to both! I told him in no uncertain terms that it was a dirty trick and was disgusted with him. Where do I go from here as I could not possibly work all those hours and even find it difficult to look for work 6 hours a days 7 days a week due to caring for my daughter? How are people getting on with the weekly planner? - it looks like a tool to sanction people to me
  8. Hi I have had problems with Fifty plus so I sent them my £1 PO and requested an original copy of my CCA They have responded saying When responding to a section 78 request, a lender does not have to provide a photocopy or other literal copy of the executed agreement nor provide a copy bearing or some other proof of the customers actual signature. There is no legal requirement to provide you with a copy of the deed of any assignment. A notice from the assignees, is sufficient under the Law of Property Act 1925 to require you to pay the assignees. This will not carry your signature, as debts are freely assignable without this. So is this correct that they do not have to send a signed copy of my CA your comments please bob
  9. I signed off a while back as I found some temporary work. I had my interview today regarding signing back on and while I was expecting it to be problematic, I wasn't expecting it to be as bad as this. There were three changes to my job seeker's agreement that I disagreed with: 1. On my old agreement I had Saturday down as a non-working day due to other commitments. I'm now being told that I have to work on a Saturday. I was told the only valid reasons for not working on a Saturday are if you have children to take care of, or if you have a health problem that somehow prevents you from working on a specific day of the week. As it wasn't mentioned, I asked what would happen if somebody had a religion that meant they wouldn't be allowed to work on a certain day of the week. I was told that they would have to work on that day! 2. 'I will apply for every job I am capable of doing within 90 minutes by public transport.' was entered. I asked what would happen if on one particular week I had applied for over 100 jobs and they happened to find one I hadn't applied for. 'You would be sanctioned' was the reply. Needless to say I can't possibly agree to this as it's designed purely to sanction me and the odds of me overlooking at least one job are very high. 3. 'I will create an account on Universal Jobmatch and upload my C.V. by my next appointment' was entered. 'I don't consent to the use of tracking cookies' I said. 'What does that matter?' was the reply. I told them that there is an EU law which states that you cannot force someone to accept tracking cookies, the UK is in the EU, so the law applies. They told me I could use their PCs or the ones in the local library. I told them I had privacy concerns about entering my data into a public computer. The new agreement actually has less stuff on it. According to my old one I have to apply for 12 jobs a week, whereas this according to this one I only have to apply for five. A whole host of other tasks have been removed as well. Whereas before I was doing around 30 things a week, the new one only has me going on UJ 7 days a week and applying for five jobs in written form. The advisor wouldn't allow me to keep my old agreement and insisted that I sign the new one. I told him that I couldn't possibly agree to something that was designed to sanction me and I didn't consent to the use of tracking cookies. He ended up sending off my old agreement and his new one as a disputed job seeker's agreement, for a decision maker to decide which one is better. I've been told that I sign on as normal in two weeks time and that I will be informed of the decision maker's decision via post. I'm sure I know what the decision will be... I have some questions: 1. What happens regarding my benefits during this period? Will I receive nothing until I sign a new agreement? If I sign a new agreement will I receive the money I should have received during the period where the agreement wasn't signed? 2. Am I correct in assuming that I stick to my old agreement? The advisor I saw today told me two conflicting pieces of information. 'You don't have a job seeker's agreement until you sign a new one. Once you close a claim your agreement is void' and 'Until you sign a new agreement your old one remains in place'. When I pointed out that he'd contradicted himself and I asked for clarification on which of the two was correct, he refused to answer my question. 3. What happens if the decision maker decides to stick with his one? I see little point in signing something that will get me sanctioned whenever they decide they want to sanction me.
  10. Hi, I am writing this to see if anyone can help me with a problem I am experiencing with my fixed term tenancy agreement at my student accommodation. I suspended my studies at university a few weeks ago, and I lived at Malik Halls student accommodation, which is across the road from Bradford University. I left through severe feelings of homesickness and felt that I had to suspend my studies incase I became ill with the worry. I phoned up Malik Hall's offices and spoke to the manager, and I explained that i am currently unemployed, receiving no Job Seeker's Allowance as of yet, and neither of my parents are employed. They expect me to pay up the rent until they can find someone to replace my room, but if not I have over £1,000 to pay up. I am in no financial position to be able to afford this, and was wondering what I could do? Many thanks.
  11. Please take a look at this Credit Agreement and help My problem is that a. I do not have the bank statements from that period of time and am unsure if I paid the PPI or not. b. Am worried that a PPI complaint and an FOS Questionnaire from my side can backfire if the loan was settled before PPI kicked in. Could the lender in that case take me to court? Or is it looked at as human error. What are my odds and options? Thanks. Autumn
  12. Hi, I am trying to come to an agreement with a Payday loan company they have asked me to provide a list of creditors of whom I owe money to. Should I provide this to them?I want to get this agreement setup for piece of mind and wellbeing. Thanks
  13. Can anyone explain me why COT3 agreement (brokered through ACAS) does not require the claimant to take an independent legal advice and Settlement Agreement does? The ACAS conciliator does not provide any advice on the terms of settlement, so it must be a clear disadvantage for an unrepresented claimant to go via ACAS(COT3) then?
  14. Please, could anybody help with some advice. If an agreement was defaulted s87 1, then Terminated, then proceeded to court, and at court an order was made to adjourn with a liberty to restore, would................... 1) the agreement be restored. 2) The Termination revoked 3) The Default removed The way I see it, if the agreement was not put back prior to the creditors actions, then surely the account would still be terminated, am I right or wrong. Thanks. Happy New Year !!
  15. Hi I have written to the Halifax to request validation of credit card debt (£7800) and asked for a certified copy of the original credit agreement. They have sent me a photocopy of the "original signed application form" and a "reconstituted version of the original agreement". The form was dated 7 July 2006. Is this 'agreement' enforceable? Thanks
  16. Please help, I bought a car years ago via Credit acceptance Corp uk but defaulted on it. the car was repossessed and I was paying Capquest a monthly amount I could afford, but then the debt was sold to Marlin. They would not accept an amount I could reallisticly afford and told me it was not their problem. I have now received notice from Northapton CC That Mortimer Clarke have issued a claim against me for £4500 plus interest totalling over £11,000 in total. The original credit agreement stated that my £250 deposit for the car was used as £1 vehicle deposit and £249 towards PPI. Can I use this as a defence that the debt is unenforceable due to the agreement being unlawful. Any help would be very much appreciated. Thanks in advance.
  17. Hi all, Could you please tell me if this credit agreement is enforceable? 1st credit are chasing it and have placed default against my name for 474£ The problem is i don't remember taking loan from cash euro net uk/quick quid! It took 1st credit 80 days to send me the credit agreement. I'm still waiting for default notice from them. Thanks kb
  18. Hi Im currently having trouble with a company called opm who called me the other day i was lead to believe this was in fact Google who i was dealing with as i do place my business on the servers regarding maps and rankings ad words e.t.c. the lady then transfers me to a gentlemen who now states i in a legal binding contract with them as soon as i got of the phone i emailed to the team and said i was interested in any marketing as already market my business and i may be closing the business and threre no need for a 284 bill well invoice not even 2 hours and they say i have a contract with them and if i dont pay then as a soletrader they will send me to court to get the funds but i have clearly stated that i dont wont or need this service i thought i had a 7 day cooling off period but as far as they say there final ans is the there and i must pay im so upset about the emails received and the level of customer service im going to the oft but i need to no do have the right to cancrl for goods i dont wont as this is a invoice and they have no details of mine regarding banking its just the way they have spoken to me i have all the emails they have sent me and i need to no what i can do as i sick to death of being bullied i trying to sort my debt and mental issue out and trying to start a business and i just cant take any more debt on please advise. thabks
  19. Hi all, I'm posting this on behalf of a friend who has no internet access. She has been receiving letters for about three years from a well-known debt buyer whom she doesn't want me to name. She's very nervous about anything being on the forum. She took out a credit card in the 80s and could not afford to pay when her circumstances changed several years ago. First she got letters from the bank, and then they sold it on in 2010. She has only just told me about this. Apparently the debt buyer has written to her many times and they have sent a microfiche copy of one side of her application on many occasions too. It's headed 'Credit Agreement regulated by the Consumer Credit Act 1974 and appears to have the prescribed terms. They have also sent the back of another agreement from around the same time. It's clearly not the back of the application form. At one point the debt buyer passed the account on to their nastier debt collection department but it's now gone back to the main office. Obviously she's been very worried about this. Can any of you think why they are not enforcing? Could it be because they only have a microfiche? Thank you. DD
  20. From the letter received today with SAR Please find enclosed all available statements for your credit card number **** All statements prior to January 2000have not been retained by the bank. With regard to your CC we are unable to supply a statement for August 2000 and October 2002 as these are unobtainable on our system. The account was passed to our Credit Operations in September 2008. Unfortunately, we have not yet been able to locate a copy of the signed agreement. We can assure you that before we opened your credit card account we would have required sight of a signed agreement. If you wish to take this matter further please write to our Customer Services. This account is with Hillsdens, Should I shake the tree and ask them for a copy? The last payment to that was in Jan 2008, taken from my savings account that I didn't know have money in.
  21. Hi everyone as I'm new to the forums I hope I'm posting in the right place. My problem relates to a verbal agreement made when I bought a house in July this year. My offer was accepted in June and there were 2 other parties above me in the chain. I was renting privately and had to give a month's notice to vacate. The sales negotiator who was dealing with the house I was buying was aware of this but regardless called me on July 12 to say the other parties would like to exchange contracts on July 19th. I explained that as I had to give a month's notice, I could only exchange contracts towards the end of August as I was not prepared to pay rent and a mortgage in August. He phoned back shortly thereafter and suggested that if the 3 parties were to split my August rent (£750 so £250 each) would I exchange on July 19th. I agreed to that but unfortunately did not get my solicitor to put it in the sale agreement. What has happened since then is that the other parties have moved to their new homes and the sales negotiator I was dealing with has left the company. Fortunately I had emailed him on July 16 after I agreed to his proposal asking him to confirm with the other 2 parties how and when they would pay the £250. He emailed me back to say that he would arrange to collect cheques made out to me from the other 2 parties and then contact me to collect them from the agencies offices, so there is an email from the company email account confirming this arrangement. I have written to the company explaining this, and enclosed a copy of the emails between the sales negotiator and I, but the director who replied to me by email confirms he was aware of the arrangement but insists it was a private arrangement between me and the other parties and nothing to do with the agency. The party I was buying from I had only met once when viewing the house I bought and the 3rd party I have never met let alone spoken to. Do I have a case to take this company to small claims court for £500 (being the £250 from each of the other 2 parties in the chain)? Apologies for the long post but I felt it important to explain the whole situation so as to hopefully get some accurate replies. Any advice would be most appreciated. Thanks summer
  22. Bit of a mixed bag this one but hopefully I've posted in the correct sub forum. I received a phone call last year from Arden Credit Management from a loan taken out in August 1998 which They say I still owe around £6000. As I hadn't made a payment to this since 2004 I informed them this was statute barred and never heard anything more until this year apart from some statements through the post. This year the began getting a bit more aggressive in demanding the money, to which I informed them the load was statute barred and there was nothing they could do. The advisor on the phone agreed there was nothing legally they could do but they will continue to pursue the money. I then asked for a copy of the credit agreement and expected to hear nothing more, but this morning I've received a copy of the agreement and now want to try and claim my PPI back on this as it was a stipulation of me getting the loan. Can anyone let me know where I stand on this? My loan agreement reads : Loan £8000 Repayment protection premium £2434.53 Total amount of loan £10434.53 Interest £4983.67 Admin fee 0 Total charge for credit £4983.67 Total amount to pay £15418.20 APR 17.9% 60 payments of £256.97 I'm in Scotland if this makes a difference. Thanks
  23. Hi Am in a running battle with Nationwide and various collections agencies since 2010. Now ARCEurope have written to me and advised me that as the account I hold was a Flex Account and not a Credit Agreement there is no Consumer Credit Agreement. Is this correct, seeing as I had an overdraft on the account. Any one else had this? They are also asking for a full financial statement from us, which I dont really want to give. My argument is that I had an authorised overdraft-limit of £300 that I had used to the limit and was in the process of paying back, when Nationwide took a large amount off the overdraft reducing it by £100 and then started charging me with what they called unauthorised use of the overdraft each month. I have been arguing this since July 2010. I am about to write to Nationwide again asking if they will refund the unauthorised charges and then I will conisder a payment plan to to repay the outstanding amount. Any thoughts
  24. Hello All, Please provide some advice on the following; I had a car stolen in February 2013 which I reported to both the police and my insurance, I have never received a crime reference number and the insurance have refused to make a payment with out one. The car has been recovered this last week and a formal complaint has been made to the police reference to the crime number as we still do not have one. Who can I recover uninsured losses against ? As my excess is 3 K does this cover the total losses or if I have lots of small bills is each bill treated as a separate issue? Thanks for any help
  25. Can someone kindly advise how to calculate possible PPI reclaim amount ? I have calculated my monthly PPI interest amount figure using forum details located in which I have already paid over120 months but still have 60 months to expiry. Any assistance would be appreciated as I would like to know a possible figure in order to compare with Welcome's offer if successful.
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