Hi my wife has been paying shopacheck for years now we were down to paying £3 a week. We owe approx. £100.The loans were from 2003 Then when the new government legislation came in IE bedroom tax etc. we had to drop this to £1 a week. I am disabled on ESA Support. After a couple of weeks the agent stopped calling. We then received a letter from shopacheck telling us we needed to pay the contracted payment. I wrote back and told them that is all we can afford, They then said they were going to send someone to my house, I sent them a letter to the effect of do not darken my door etc. As shopacheck have now got very unpleasant I decided to send them a cca request. What we received back was a Recon of an amount we have not borrowed, It looks like all the accounts have been consolidated together, It also states 0% Interest. My question is as these loans were taken out in 2003 would a reconstructed agreement stand up in court, As I was led to believe a debt before April 2007 would need to have the original signed agreement, To enforce the debt. And also as the amount stated on the recon does not amount to any loan we have taken out before, would this recon be enforceable in court. I have enclosed the recon that shopacheck sent me if someone could take a look at it and advise a letter to send back to shopacheck thank you. http://i260.photobucket.com/albums/ii16/microbar123/doc1.gif http://i260.photobucket.com/albums/ii16/microbar123/doc2.gif http://i260.photobucket.com/albums/ii16/microbar123/doc3.gif http://i260.photobucket.com/albums/ii16/microbar123/doc4.gif

Hello all, Help needed about a signed application form received under section 78, of the act, with regards to a credit agreement. It's signed and dated by me, contains the prescribed terms of a running account, but is not dated or signed by the original creditor, nor does a signature box exist for the creditor either. (3) The signature of the said document shall be made in the following manner— (a)by the debtor or hirer, or by or on behalf of the debtor or hirer in the case of a partnership or an unincorporated body of persons, in the space in the document indicated for the purpose, and, subject to sub-paragraph © below, the date of the signature shall be inserted in the space in the document indicated for the purpose; (b)by the creditor or owner, or by a person on his behalf, outside any signature box in which the debtor or hirer may sign and, subject to sub-paragraph © below, the date of the signature shall be inserted outside any such signature box; ©in the case of a regulated agreement which is not a cancellable agreement, the date on which the unexecuted agreement becomes an executed agreement may be inserted in the document and in such a case any other date specified in paragraphs (a) and (b) above need not be inserted; and (d)nothing in this Regulation shall prohibit the inclusion in the said document, near to any such signature, of the signature by any witness outside any signature box in which the debtor or hirer may sign. This is in relation to an adjourned application hearing to set aside a statutory demand. original creditor: ABBEY Credit card (MBNA), Default dated mid 2009, Notice of assignment sent, Default notice sent, Last 10 statements sent. Amount of default £2000, contains about £450 worth of £12 charges. Can an application form be said to be a enforceable agreement, even if it contains the said prescribed terms? This may be ok for waksman, cary v HSBC but is it ok for the Wilson house of lords case

Hello to everyone, I am a new member and I am interested in other members views on a credit agreement taken out with Santander in Oct 2011. My wife bought a static caravan in 2011; the invoice total was for £37000, which included £31000 for the caravan and additionally, further site costs of £6000. The Santander agreement signed to finance the purchase totals £37000; however, it states that the purchase is for a static caravan: value £31000 plus £6000 VAT. The agreement says that Santander has purchased the caravan on behalf of my wife and owns the caravan until the full price is repaid. My query is about the inclusion of VAT in the agreement and its effect on the enforceability of the agreement. Would they be legally entitled to reposess the caravan if we stopped the payments. I would grateful of any informed views and suggestions as to how to proceed with this.

Hello, I wonder if you can help me.... Back in 2009 I was awarded a settlement through the Ombudsman for PPI with a bank for a loan. The bank was ordered to put me in a position had I not taken out the PPI so they set me up a new account, new number, new loan amount, new payment amount etc but DID NOT ask me to sign a new agreement. I've repaid the debt now but want to know under the CCA 1974 section 82 here (http://www.legislation.gov.uk/ukpga/1974/39/section/82). Should they have got me to sign a new credit agreement??? Thanks O

Not sure if anyone can advise, but here goes I have been renting a house from my local council for approximately 10 years. At the time I took on the tenancy, I was given an AST. I was informed that as it was an AST, I did not have the RTB. I have reason to believe that my landlord would like to evict me (although been a model tenant) so they can sell my home for capital receipts. Having looked into the relevant Housing Acts, it appears that the LA could not legally have issued me an AST, and I believe that despite the fact that an AST was signed, I am in effect a Secure Tenant. Obviously if I was a secure tenant, I should have RTB as property is not of a type that is excluded from RTB. How would I go about trying to get my tenancy amended from an AST to secure? Obviously it would not be in landlord's interest as it would mean I could purchase property at 60% of the value, instead of them selling to a third party for higher value. Also, if I apply and they accept I have RTB, is there any way to challenge the landlord's valuation if I believe it has been inflated(padded out)?

Hi, I issued a CCA request to a Motormile acting on behalf of a PDL company. They responded with a reconstituted agreement with the following differences: The agreement number does not match Numerous terms and conditions do not match For example, the reconstituted agreement allows for fees and charges to be added to my account that weren't allowed by the original agreement [*]The original agreement did not have the creditor's signature, the reconstituted one does My name, address, APR, and credit limit are all the same as the original agreement. Where do I stand with this? Can I send an 'Account in Dispute' letter and then use my strengthened position to negotiate a F&F?

Hi, Im new here and wondered if i can get some help. My wife and I took out a remortgage in Oct 2004 for £22k. Payments at £333.06PM over 180 months at a eye watering 17.9%. We were not aware that the finance company were using the Rule 78 system until a few years ago. Since last year we have gone into arrears as we could only afford to pay £200pm. Last statement in February 2013: Balance was £28,699.76 and arrears balance £2,388.02 The original agreement has no mention of Rule 78 so I need to know if their practise is illegal and if we have a claim of any sort. Help!!!

I am so angry. bank holiday ruined by Welcome. My husband took a loan out with welcome in 2006, we borrowed a little more in 2008, however we paid this off about 3 or 4 months later, in full when we sold our car. We have recieved letters from IND and welcome saying they are chasing the money, following the letters i wrote to them asking why they hadnt marked an account as settled from 2008! We also wrote to them a year ago about PPI and they said he had none, there letters now say we did. They also said that there is copy agreeemnts and letters that we have apparantly sent in the mean time. none of which were included. i am not happy at all as we are trying to get a mortage through and they are claiming they are putting him in court. I cant beleieve that a company like welcome would regiser a default in 2009 and not chase until 2013. also i know this was paid off in 2008. but the credit files say default 2009. i am at a little loss, what do you do. Thank you all. x

Hi We have been renting our house for 4 years now. We initially signed a 12 month agreement. Last year the letting agent sent us an addendum saying the rent was going up by £50 and the notice period would now be 2 months instead of 1. They charged us £75+vat for the addendum to the contract which we paid. We have just been sent another addendum with a bill for the same amount to extend the contract for another year. There is no change to the rent and the 2 month notice still stands so why is this an addendum? Are they allowed to charge us for extending the tenancy for another year? Do we have to sign and pay this? Many thanks

Hello there, I've been doing some digging around the Tenancy Deposit Scheme as myself and girlfriend have recently left our tenancy at a 3 month let and have sought our deposit back. The landlord has stated that he is not willing to return the full amount back due to a number of issues which we are disputing. We have had a wide range of issues with this private landlord and property during our tenancy unfortunately no contracts were ever signed and was a verbal agreement although we do have some written emails as proof of our tenancy at the property including dates etc. During negotiations and decision making on the tenancy the landlord expressed that he would be running the Tenancy via an estate agents, we knew of the excessive charges that said agency charge and were moving from one end of the country to another so wanted to save a few pennies to which he agreed upon - perhaps the wrong move here. This lead us to believe that the landlord would arrange the necessary documentation for us and that our deposit would indeed be put into the relevant SDS however we never received anything and have gone on with thinking that a verbal agreement was enough after all the tenanacy was only 3 months and they seemed quite genuine people (mistake here). We were well aware of the SDS and that the landlord should have complied with this but it seems he hasn't. We have left the tenancy and the property now and have only just realised that the deposit we handed over of £500 has not been placed into the required schemes. I am wondering as we are no longer within the tenancy or have no written contract do we have a right to claim through small claims to obtain our deposit back regardless of the 'damage claims' he is making of which he has no proof of? Regards Sam

Hi Can someone tell me if you have an official credit agreement with Paypal? I have had my account for many years now i would say since 2004/2005 and i do not recall ever signing anything. I have been doing some research on google but some information is a little misleading.

I took out a credit agreement with Santander Finance in 2010 for a 3 year car loan with the usual balloon type payment/return car option at the end of it. However, I wanted the car for a further year and they agreed that I could extend the agreement for a further year. They sent me a form which had to be ticked and returned and a document entitled "Agreement modifying a Credit Agreement" which had to be signed and returned by 2/4/2013. Unfortunately I overlooked this and failed to return it as I had a lot of other things going on at the time and I got a call yesterday stating that they had terminated the agreement and were taking steps to repossess the car. Has anyone experienced this? I have not missed a single payment and the documents they sent me said nothing about failure to return them in time would lead to these steps being taken. I assumed the Direct Debit would continue regardless and the money was there for them to take it. I have written to them yesterday quoting the OFT Unfair Relationships Guidance stating that that the Agreement is a related and linked one to the one I have already signed in 2010 and that termination is unfair. Any advice gratefully received

I’m looking for legal advice on the following situation. I have paid a reservation fee and have signed a tenancy agreement for a property that we are supposed to move in to on May 1st. I have given notice to my current landlord and will be vacating on May 2nd. I received a phone call today from the estate agent representing the new LL saying that due to unforeseen circumstances the LL needs to move back into his property (he was living abroad) and no longer wants to proceed with our agreement. Our copy of the AST doesn’t have the LL signature. Can the LL do this? Do I have any rights?

Hi first time posting on here however have been a member for a long time I due to be made redundant at the end of may a number of agreements, which were made which were to stay in place till mid may have now been broken. These were agreed in meetings. They are now pushing to get the compromise agreement signed asap. what is the legal point of view if I refuse to sign it. They have stated that all terminal pay and benefits will be held till it is signed. is this legal ????

I am wondering if a commercial loan agreement I have with NatWest is valid as due to a change in the properties borrowed on it is not for the amount I borrowed. I would not normally be concerned but they have called in the loan. I was told it would be renewed at the end of the term but then the banking crisis happened and they changed their minds. They are also using a cross collaterisation clause on other loans I have with them over a longer term. They said they would never use this clause as long as I didn't miss any payments which I haven't. Please note I am not & never have been in arrears. I have never missed a payment, been late with a payment or been short on a payment. We have just found out the loan is not covered by the FSA (I know their name has now changed) but all their email correspondents state they are authorised and regulated by the FSA, is this not fraud? Have seen a solicitor who feels I was miss sold the product but haven't seen him again as I didn't have much faith in him. I have put in a complaint with the bank & the financial ombudsman both of which are being supported by my MP. I sent a SARs by recorded delivery on the 11th of March and sent an email on the 5th ofApril to advise them I had I no response. I attached the original SARs letter& reminded them the clock was ticking. Please note there is much more to this case, too much to note here. I am looking for a solicitor who has a proven track record in this area. I am also prpared to use less conventional methods at this point as I don't have much else to loose. I have worked very hard for my properties and I just want them back. Any advice would be greatly appreciated. Thanks in advance.

Lowell have purchased an old B'card credit card debt which I took out in 1999. I put in a CCA Request in January and have today received a reply. They have not sent any sort of copy of agreement, and have only put my old address on a blank piece of paper with underneath saying " YOUR RIGHT TO CANCEL: Once you have signed this agreement you will have for a short time to cancel it. Exact details of how and when you can do this will be sent to you by post by us", attached was some T & Cs for Barclaycard. The reason this is urgent, is that Lowell have sent a stat demand for a different debt. I thought with the card been taken out in 1999 they had to send a signed credit agreement? LETTER FROM LOWELL We are in receipt of you recent request for a copy of your agreement. Your original creditor has provided us with the attached reconstituted copy of the credit agreement you entered into with them, which they confirm you would have signed prior to the granting of credit to you. Under section 77/78 of the Consumer Credit Act 1974 we are not obliged to send you an exact copy of your signed agreement. We are permitted by those sections of the Consumer Credit Act 1974 to provide you with a reconstituted copy of the version you would have signed. We are also enclosing copy statements for your perusal and retention. Please be advised that the o/s balance shown on these statements does not match the o/s balance. This is due to the fact that they are only upto Aoril 2010 and our account was opened on 5 December 2011. We would also confirm the following information as requested by the above act Balance payable on your account £xxxx Current state of your account : Defaulted As we have now fully satisfied our obligations required following your request under section 77/78 of the consumer credit act 1974, we look forward to receiving your proposals for settlement of the account within the next ten days. LETTER FROM BARCLAYCARD I refer to your request for information. The information we must provide to you under the terms of Section 78 of the Consumer Credit Act 1974 (the *Act*) is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the executed agreement (and any document referred in it) and a statement of the account. I enclose a reconstituted copy of your credit agreement together with a copy of the terms of your credit agreement as varied in accordance with section 82(1) if the Act. This is a statement of the terms of your agreement with us and incorporates any variations to the terms since you entered into this agreement. However, the interest rates, fees and charges set out in the agreement may differ from those with discussed with you, due to the current status of your account.

Hi there I originally had an Egg Credit Card in 2002,they issued me with a default notice in 2004 and subsequently they passed the account to their recovery agents Moorcroft whom I have been repaying ever since. In 20010 the default notice was removed by the CRAs as it was over 6 years old. I'm still paying Moorcroft. In 2011 I received a letter from Barclaycard to say that they had taken over the account. Last month I decided to phone Moorcroft for a copy of my signed credit agreement and asked whether any PPI was added. They said I would need to write to Barclaycard for that information. So I wrote to Barclaycard and received a letter to say that they were unable to provide a copy of the agreement and therefore they cannot enforce the agreement. However they continue by stating that they can and will continue to take any action short of enforcement, which includes reporting to CRAs without also telling them that the agreement is currently unenforceable, demanding payment from me, issuing a default notice and instructing a third party to demand payment or otherwise seek to procure payment. Can they really report me to the CRAs although the debt is over 10 years old and can they issue another default notice after I already had one in 2004? As I currently not showing any default with the CRA's this is going to jeopardise my chances of getting a loan for another 6 years. It's just not fair. Your help is appreciated.

Hi There, Been getting chased for an old debt with a well known catolougue company, sent the signed agreement request letter, after a couple of weeks I got a letter back today basically saying. "your original creditor has provided us with the attached reconstituted copy of the credit agreement you entered into with them, which they confirm you would have signed prior to the granting of credit to you". Under 77/78 of the consumer Credit act of 1974, we are not obliged to send you the exact copy of your signed agreement. We are permitted by those sections of the consumer credit act 1974 to provide you with a reconstituted copy of the version you would have signed" Anyway not sure what my step is here, they have not supplied me with a copy of the signed agreement, what should my next move be?? Any help much appreciated regards

Hi people i have a question re the agreements that you fill out for credit. ...i had a loan with provident about 5 yrs ago, due to a relationship break up and time spent abroad, i missed payments and overlooked it.. ..being back in the uk a debt company wrote to me about this provident loan , i asked for the agreement to prove it was mine, they sent a photocopy of the agreement to me.. .yes it is mine, i cant see any problem with the agreement with regards to the bits being filled in etc.. ..but my question can i insist on the original or is a photocopy sufficient for them to pursue the debt??.. ...thank you in advance...

Hi all 1st time poster looking for some advice,i`ve been paying my car for 4 years & never missed a payment but at the end of the 4 years i was due to pay a 7.5k balloon payment.After a tough financial year i cannot make the payment & asked if i could could re finance the ballon payment which was refused. I had a guy come to the door looking for me to sign a voulentry surender form to which i refused as after paying a 17.5k to car that cost 18k for 4 years i was wondering if there was a chance if it went to court the judge would decide in my favour & let me pay it up as i have done without any trouble,as i said i want to pay but it but just cant afford the final payment at once & i`ve contacted VW finance on numerous occasions & my pleas have been rejected. Finally on further inspection of my higher purchase customer copy i noticed that i havent actually signed it,could i been onto something with this?? would that not make the contract not legally binding? Thanks for any replies & advice thats forthcoming. Regards Mark

Hi all, I understand there are a lot of posts regarding similar situations to mine but I was hoping for a bit of specific advice. In 2009 I got into a little debt with little woods, fell behind on some payments and when they started to add interest and missed payment fines, I began to question their methods. I read some advice online about requesting the credit agreement, followed through with the letter and low and behold no credit agreement. Shortly after putting the account in dispute, wrote a letter requesting politely that if they were to knock the crazy interest and fines I would be happy to pay the balance off. The letter they sent back was that the account was being put into default. Although I believe they cannot enforce the debt, they can still put a default on my record showing the debt is still owed. Is this right? So my problem is I am soon to be married and the missus want a house. Apart from the default we have very good credit history but cannot attain a mortgage because of it. Can someone please advise on what the best way to go about this is. Will the default be 'removed' from my record after 6 years or because I still owe the money, will they just keep filing for it? I am very confused as to what will happen. Should I pay te debt off under the provisions that they will remove the default? Thank you for all you advice. Neil

Sorry for posting again. I am just looking over the finance agreement for my Astra that i should be picking up on Tuesday or Thursday. The car is a 1.7 CDTi Estate that is in superb condition and the price on display was £4995. I managed to get him to go from £300 p/x to £695 p/x on my vectra 1.8 2000 X Reg. This meant the car was now £4300. However on this breakdown of Finance Agreement it seems he has added it back on??? I will be honest i am pretty unsure how all this works and wordings etc as this is my first proper car i will have owned. It reads at the top: The total amount of Credit to be provided under the proposed credit agreementnt or the credit limit: £4300 It says £151.95 per month (2 months after the executuin of the dicuments and a final payment of £310.95. However below that it says: The total amount you will have to pay this means the amount you will have borrowed plus interest and other costs. Made up of: Deposit: £0.00 Part Exhange: £695 Total amount of credit: £4,300.00 Admin Fee: £199 Interest: £971.29 Optional Option to Purchase Fee: £159.00 Total to repay: £6324.20. This to me shows that the £695 has been added back onto the finance part and so i get NOTHING for my car afterall? Now the deal has said that he has to put that to the finance company as part of the deal because they need all the details and it does not mean that is added onto my overall bill. If this was the case then why does it only add upto a total of £6324.20 when the P/X IS added onto the other costs..... This whole car thing baffles me....i should of stuck to busses!! Lol Thanks.

Having reclaimed successfully a number of PPI policies I should know the answer to this but... I'm looking through various loan documents for my cousin. One loan in particular is niggling me (I think I'm expecting there to be something that there isn't). The loan was taken out in 2003. The loan clearly sets out the following information: Amount of credit: £6000 PPI: £1065.47 Total Loan: £7065.47 Monthly repayment (credit): 158.71 Monthly repayment (PPI): £28.18 Monthly repayment (Total): £186.89 It shows an an APR of 12.9% Nowhere on the agreement does it contain the following: Charge/interest for credit Charge/interest for PPI Charge/interest (for both) Total overall to be paid by customer I think I've looked over too many loan documents and agreements and have reached the stage where I expect something to be there/I'm used to seeing something there. So my question is - does the credit agreement have to show/set out the total costs (such as interest/charge for credit) and total amount payable by the consumer (ie., loan, PPI, interest, etc. at the end of 48 months)? I don't know why this is annoying me so much!

hi, im really needing some advice and this is my first time on here so wish me luck. i have recently got behind on my payments to jacamo catalouge account by 4 months as i was out of work. they have been charging me £24 a month in fees plus interest. a few weeks ago itelephoned them to explain my situation. i spoke to a helpful advisor who agreed that i can make a part payment and then she would waive the charges and bring me back to my credit limit, i made the payment. i since recieved a statement with the charges still on. i have spoken to a manager and they have listened to the call and agreed the advisor made the agreement. however they are saying this was a mistake and cant waive any charges. my position is that it was a verbal agreement and i have fulfilled my part, and they have a legal requirment to honour there side, even if it was a mistake. please help, thanks

Hi, I have looked through the posts and cannot find anything similar to this. Any advice or help would be very welcome. My wife has worked for a company for 2 1/2 years and 2 weeks ago she made an official complaint to her immediate director about another director in the company. This other director has upset a lot of people in the company and has made it clear that she does not like my wife and has made things very difficult for her. This has also been the case of the business owner whom took on this director about 10 months ago when these issues started to happen. Before this director joined the company, my wife had a good relationship with the business owner and was well respected. My wife put up with many issues and I guess you could say she was bullied, although she would not use this term loosely. After work at home, she often would end up in tears about the situation in her office. She eventually made a complaint to her immediate director which was not an official grievance although she did put it in writing to him. Needless to say, the situation did not improve and as I mentioned above, she made an official grievance complaint about the other director. In the two weeks since the complaint, the director she complained about hardly spoke to her, this situation made things very difficult in the relatively small office where they work, approx 12 people. Nothing has been done about the complaint, no formal letter received or mention at all. Yesterday she was taken in to the office by her immediate director and told that they (the other director and owner) would be doing a compromise agreement and that she should collect all her personal belongings and leave the office and they would call her this Monday to arrange a meeting. She was given no letter or anything. I am not sure where to start with and questions on whether this is allowed or what her rights are. We will obviously need to see a solicitor and how will this be paid for. This seems to be a very unprofessional way of dealing with the situation and the fact that she is good at her job and has been forced out of the company mainly due to the fact that this other director does not like her and has some control and influence with the business owner in someway. For what it is worth, the financial director that she reports to has told her that she is very good at her job and he is very angry at the whole process and has argued with the owner and other director not to carry out this action. I presume that a compromise agreement will wipe out any grievance action, however, we are not sure whether this would be the best course of action for her, she earns £33k a year, what likely amount would she get under an agreement? If anyone has any advice or experience in this situation it would be nice to hear from you. Thank you for reading this and I look forward to any comments. Many thanks Bruce