Showing results for tags 'agreement'.
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Hello, Folks Haven't been on here for a while but I am currently getting letters from Wescot about an alleged debt with Bank of Scotland (Credit Card). I asked them for a copy of the original signed agreement and confirmation that they are authorised to collect any alleged debt and they have written back saying. "Having contacted our client they have requested that you contact them direct..... Please enclose a £1.00 fee" So what do I do? My instinct is to ignore them or to say they have still not provided me with evidence that they are authorised to do this - anyone could demand money and claim to be acting on behalf of someone else - and say that until Bank of Scotland contact ME directly I will not consider that I've received any communication from them. Does this sound reasonable and within the Law - anyone? Thanks
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Hello, I have come against a big problem with my current Mortgage lender. I originally had a Mortgage with Santader then to cut a long story short I lost my buyer. Found a new buyer who made an offered but subject to extending the lease on my flat. I was not able to accept as it cost 6k and I don’t have the funds, however the vendor of the property I was buying agreed to release 6k as a cash allowance in order for me to pay for the lease extension. Santander has refused to lend on that background as they saw it as the price of the property I was buying been reduced by 6k and didn’t see it as a cash allowance. I then applied for another Mortgage with Co-operative bank. During the Mortgage application I asked the sales person about 5 times whether it would be OK to have a cash allowance on completion. They confirmed that it would not be an issue, before agreeing to proceed to the final stage I asked them to double check, the sales person has put me on hold checked with underwriter (allegedly) and confirmed 100% it will not be an issue. ( the conversation was recorded) 6 weeks later, I am due to exchange on Wednesday the 27th June My solicitor written to the bank to confirm that we will need the funds to be transferred and to remind them about the allowance. They came back saying that they are not prepared to lend with the cash allowance because that means that the price of the property has been reduced. I called and complained and they said that they listened to the original telephone conversation and agree that it was an error on their behalf as the Sales person never checked it properly before confirming, however they policy is that they don’t allow any incentives. I complained further and they said that the Senior Underwriter will investigate now and they will get back to me on Monday the 25th to confirm what their decision is. My question is- is it really acceptable for them to withdraw the original offer ( as now they are saying they are happy to lend but for 6k less that original application because they don’t agree with the cash allowance) They basically miss-sold a product to me. If they told me before I agreed to buy their product I would have never agreed to take it as I was very specific that I only accept to proceed subject to my requested claw with the cash allowance. Is it legal for them now to go back on their word? I would really really appreciate your help!! Any advice would be much appreciated Thank you so much in advance! -
Hi, This is a question about the correct process for me to apply for a Possession Order given the complex circumstances of the property's occupation. I am the new –since May- leasholder of a flat. It was only affordable for me because it comes with a complex occupier problem. Five years ago, when the property was inherited, the ‘tenant’ claimed to be regulated. From her figures, she was 12 when she took over the tenancy (she is currently 52.) That person does not live in the UK. I have a land registry document showing she owns a house in the USA. She is employed in a school in the USA and her name appears on their staff list. She has a Linked in profile stating that her work for the last 10 years has been in America. I have a screen shot of a facebook page where she says she is trying to earn extra money “to afford a trip to the UK in the summer as flights are really expensive.” She has not been on the electoral roll at the UK property for years –if at all. The property appears – according the current electoral roll –to be occupied by her nephew and his girlfriend. All information from facebook! The nephew registered a business at the property in August last year – as listed by Companies House. I went round to the flat and knocked on the door but got no answer. I popped a letter addressed to ‘the current occupiers’ introducing myself and explaining that I had no paperwork for a tenant in the property so could they contact me, by email or using the SAE, and let me know basic information about themselves – identities etc. their rent and any proposed leaving date etc. (it was a 1 page form with mainly tick boxes). I heard nothing so sent a recorded delivery letter to the registered company with a duplicate and new letter saying if I didn’t hear from them I would begin proceedings to gain possession of the property. I am not sure what notice to serve or possession order to apply for! As there is no Assured short hold tenancy it seems the Section 21 notice is invalid. As they did not forcibly gain entry they are not trespassers. The original tenant had no legal right to allow them a tenancy or license to stay – as she is not resident in the country. What is the correct process for evicting the occupiers? Can I apply for an Interim Possession Order for trespassers even though I knew someone was probably in the flat when it became mine – over 28 days ago? Are there any other grounds on which I can apply? Any help would be very much appreciated. -
i have entered a domestic tenancy agreement but the landlord as not told he's mortgage company that he is renting the property out, it states in the agreement that to enter the said agreement he must be the sole owner or have a letter in writting from the mortgage company that he as permission to rent it out,,, it is not a buy-to-let mortgage,,,,he is also not paying hes mortgage!!! is the agreement valid as the landlord is in breach of contract, and that he knowingly entered the said agreement without telling the mortgage company,,, cheers -
Hi, this is the first time I have posted and would really appreciate some advice. My name is Stuart and have two questions. I am looking to apply for ppi refunds but I require certain information to proceed which I haven;t got. 1. I took out a vehicle finance agreement in 1999 with first national. The vehicle cost around £9000 and the account has been settled for years. Although I no longer have the agreement I do have a bank statement with the date the first payment was made. I can't however find any details for First National and need to know how I contact them and will they still have these records? 2. I also had a small business account with HSBC from 1998-2004. They have recently agrreed to pay me ppi payment on the account, but I also had several credit cards through this account and I no longer have the card numbers to try to get a ppi refund on them also. I used them to run my business and paid them in full every month around £600-1000 a month. I believe they took ppi payments from these cards and need get the numbers to proceed. Will the bank provide this information. Thank you and any advice will be extremely appreciated
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I recieved my credit agreement un der CPR 3114 however the signature in the copy of the agreemnet they sent me has been done by using CUT and PASTE i think ? of old signature which is slightly different than the signature in the credit agreement i have in my possesion. Can they do that? i am not disputing the credit agreement just the signature. any comments please?
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Hi Everyone I am new to all these and I have a baby and not much time on my hands at the moment. I wonder if you could help me. I have a credit card with Barclaycard for around 7 years. I have not been using it for a long time but repaying the credit by small amounts (I have about £280 left). I had a PPI on it for several yers and canceled it. I am trying to claim it back myself. I was missold it when I was given a credit card as a purk to my account I do not remember anybody explaing to me about PPI and my English was not that great at the time. I wrote to the Barclay card to provide me my credit agreement on 23rd April and included a cheque for £1. About 3 weeks later they send ma a letter that they were dealing with my request. A week later I posted them another letter by recorded delivery reminding them that they obliged to provide me the credit agreement within 28 days. I have nothing from them. What can I do next? Thank you very much for your time to answer me Vita -
Hi, Just want a bit of advice on a couple of issues if possible. My partner and i found a short term tenancy (3 months) through a private LL back in Feb 2012, we paid a deposit of £700. On moving out the LL returned £600 and when we queried this, we were told that a deduction was made for additional rent as we stayed '4 extra nights'. This would seem reasonable but for the fact that, when we enquired about staying on for '3 days' the LL said this was 'fine' and could we show prospective tennants around the property. There was no mention or agreement on additional rent, if this had been discussed we would have been able to make an informed decision as to whether to stay on or not. I would have also assumed this would have been paid (if discussed and agreed) up front and shouldnt have been deducted from the deposit. I realise this is only £100 but the money isnt the issue i have and as the LL has been very patronizing in his responses to my questions, i wondered if i have a case for making a claim. I subsequently asked the LL whether my deposit was held in a DPS to which he replied that it didnt need to be, as the contract was less than 6 months it was not deemed to be an assured shorthold tennancy. From what i have read this is not the case and all tennancies through private landlords post 1997 should be ASTs. Any advice welcome Many Thanks Red -
Hi I wondered if someone could help me? I've had a Homecare Agreement with British Gas for 5 years. I consider myself to be have been a good customer during this time, as I always pay on time, but I have needed to call them out around 1-2 times per year. Just over a year ago, they told me my central heating system needed Powerflushing, after I had a pin hole leak in a radiator. They said I could get this done with any compnay, as long as I had proof. However, if I didn't get this done, I wouldn't be covered if any more radiators developed a leak. I did get this done in Feb 2011 and had a Magnaclean fitted with another company and I have a certificate and the receipt to prove it was done. Now I've had another radiator with a pin hole leak, but they are refusing to replace it, even though I can prove I've had the Powerflush done. They are claiming that the Powerflush was done incorrectly and this is why the radiator has leaked. They are also claiming that the inhibitors added after the Powerflush should have stopped the radiators from corroding completely. I disagree with this, as surely once corrosion has started, it can only be slowed down? They have also said that the water inside the radiators was orange (it was slightly, as I saw it) and that there was a lot of sludge in the radiators. Again, I saw that there was some. However, they failed to ask me if the central heating had been switched on recently (it has been switched off for 4 weeks). Surely the lack of use would have caused some sludge to be in the system? Basically, I'm not sure if BG are trying to pull a fast one or whether the Powerflush hasn't been done correctly. Does anyone have any suggestions? Many thanks for reading. -
Hi All Can you give me some advice on dealing with a Compromise Agreement, Please. I got made redundant yesterday (unfair dismissal) and during the meeting was (verbally) offered 3 months salary if I signed a CA. I spoke to my solicitor today and he says it should be more like 12 months due to the severity of the claim and the fact I cant work for 6 months (for a client or competitor - which is virtually everyone). I'm currently unable to even apply for the 2 or 3 roles I'm legally allowed to apply for because of anxiety and depression (due to work related stress). But I can see my former employer ever going as high as 12 months salary. Do I just email them to say NO and let them come back to me if they want? I'm meeting with my solicitor again in 2 weeks to start the ET process. He's suggested sending a Letter Before Action before the ET1 and he'll manage the Compromise Agreement negotiations if there are any. So first step email saying NO or should I be letting them come to me?? Help -
Hi All, can anyone give me some advice on my legal right regarding the below please? I have a standard tenancy agreement with 6 month break clause (1 month notice) a the condition that "the heating in the flat is not enjoyable for the Tenants as mutually agreed by the Landlord and Tennant" This clause was put into place as the flat don t have central heating neither double glazing (back in 80/2010) - following cold winters I have requested in several occasion to have the window replaced or for a secondary double glazing to be put in place but nevertheless the management agency attempts to insulate the flat with other cheaper solution no much did improve - secondary double glazing were not put into place as the landlord want to sell the flat this summer. Due to the very low rent I still have put up to live in the propriety and to pay more on heating to try to keep warm. This anyway did result in me been ill constantly and having to take time off work consequently. Following been diagnosticate with Cervical Artois and Chronic Sinusitis I have tried to give my notice as I did not want o jeopardise my health any further. Unfortunately the Management agency don t agree with us giving notice and they are stating that now is warm. I am challenging that in the break clause isn t specificity that the temperature has to be agree to be enjoyable or that I have to allow additional time for repairs as this "has already been mutually agreed" Can anyone give an opinion on our right? Many thanks -
Hi guys I have an existing 'debt' that was with Virgin for a credit card in the region of around £25k, although I think I'm about to dispute the debt. Hopefully one of you lovely people will be able to help me clear up a few questions I have. Since the time of my original application for a CC from Virgin, they have been taken over or otherwise transferred to MBNA. After writing to MBNA requesting a copy of the original Credit Agreement, which was with Virgin, they have responded by sending a copy of an online form that they have printed out. Firstly, is the online form a valid agreement, based on the fact that it is absent of my signature but includes a sentence stating that by ticking a box I am electronically signing the document? Secondly, considering that the original agreement was with Virgin, does the fact they have issued me this printed version of an online form with MBNA as the party to the agreement instead of Virgin make it null and void? I could do with a little help and advice as to how I should proceed and what the response from them actually means. Thanks in advance. -
i didnt even know this place existed till today and i came here for another reason a hour later of reading, i am hoping ppl can give me some advice .. i owe a debit which has been bought by lowell now they have been calling of and off for weeks but i have ignored the phone and i had had several letters, wanting payment the amount i owe is £3679 its a littlewoods credit card debt that i fell behind on and finally defaulted through no income. now the thing is it doesnt say littlewoods on the lowell letters it says barclaycard who do own littlewoods card.. but i was told numerous times by barclaycard that they was two diff companies and also by mercers debt agency who was originally dealing with the debt on behalf of littlewoods, that it wasnt a barclaycard and barclays was just the parent company .. i dont kniow what to do about this as at present i claim contribution JSA and in a 20 days time wont even have that so my personal income will be nil.. the littlewoods debt is mine not my wifes and as such she wont be paying it. i was making token payments now and then to mercers they said it wasnt a official payment plan as i was paying 5-10 per month but would stop interest etc on the account then they informed me that the 7 month limit had been reached which i didnt know about and as no official payment plan was in place it would be sent back to littlewoods for a formal demand which littlewoods did.. and then sold the debt to lowells i assume like i said been told littlewoods isnt barclaycard but is owned by barclays and lowell say the debt is for barclaycard sorry if that is as confusing as hell its been a nightmare for months just trying to ignore it as is no way i can pay and if i am declared bankrupt i would lose my license to work i have been told (sia license) -
First of all hello, just recently found the forum. Oh, I have been so so silly. I bought a caravan on HP in 2008 over 60 months, last year I sold the caravan and didn't get enough for it to pay off all the loan. I know now that I shouldn't have done this, that I could have let them take it back as I'd paid half the loan. I feel so stupid, but I really didn't know this, and I didn't realise I couldn't sell it on either. I've made such a big mistake. I have never defaulted on the loan payments, I'm still just about managing to pay everything I owe (there are other debts too) but it's tough as I'm a single widowed mum with two kids and I"m a full time student, so just about manage to meet payments by using my student loan etc too. If anyone has any advice how best to manage this and get myself out of this pickle I'd appreciate it. I'm a bit scared now I know I could be prosecuted for selling the caravan with outstanding hp, I have no idea where it is now.
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Hi. Old Egg Debt been round a few DCA and now been sold to AK. Only documents I have had are copy of a agreement not sure if it is enforcable, as other DCA have not persued this but sent it back to EGG. Also have T & C but seperate and not sure if they relate to this agreement. Would like a bit of advise on how to proceed. Agreement attached. egg 21.pdf
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I just want to be sure of this fact for my defence. Does a credit agreement need to have the address(es) of the debtor(s). if this answer is yes, what is the effect iof it does not. I have been referred to regulation 2(1) to check this, but I don't know 2(1) of what? Any help will be appreciated. -
Hi, My partner has been pursued by Mackenzie Hall for a credit card debt we know is not his for years. The first and surname is correct but the middle name incorrect. We have asked them a number of times to cease their harassment and requested a copy of the agreement and who the debt is owed to. Today an agreement arrived but it is NOT my partner's as we knew because we have never had a credit card. This agreement lists the other persons date of birth, no of dependants, address, previous address and bank account details!!!! It also has a letter attached to it that the debtor has written to the credit card company also including personal details about their financial status, employment and savings. This cannot be legal or ethical! We are furious and want to take some advice form you guys so that we handle this in the best way possible because these people need to be stopped!!! Who do we complain to first, and would it be an idea to contact this person's bank (not the same bank they held their credit card with) and let them know personal accounting details are being passed to strangers? We really want these people stopped so want to calm down and then take the appropriate action against them. Cheers, -
Have a look and let me know what you think. Any help will be appreciated. http://s911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/ I will be sending a SAR request tomorrow to see what I get back -
Can anyone help? I have some large credit card debts on about 5 cards. I have sent a standard letter asking for a copy of the CCA and had replies back but some seem a bit dodgy. I'm no expert sp I joined the forum to see if there is any help here for me. Do I tell them that I dont think they have complied with what I asked for and put the account in dispute and pay the £10 for the SAR? Are they legally entitled to chase me for payments while the account is in dispute? I can post documents if anyone wants to have a look. Cheers
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I received a letter two weeks ago asking for me to clarify my address and name etc to Wescot as advised I ignored the letter as I have posted on another thread about receiving. I received today a letter for the money and was made aware they are collecting for sainsburys. I will send CCA request today and wait and see. Anyone had any dealings with sainsburys?
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I took a £20k secured loan out about 1 and a half to 2 years ago now and been paying the extortiante rates back since. Never missed a payment till now. Ive hit financial difficulties and need some help. I believe my CCA in incorrect and am considering putting it into dispute also. I sent of the subject access request and the CCA request along with 2 seperate postal orders. One for £10 and one for £1. I received a letter today saying thanks for the requests but please send a cheque for for £1 and the £10 !! My postal orders were no where to be seen or even mentioned in the letter !! Totally Stolen by Welcome !! Whats the best route now? I really dont want to send cheques as ive heard they can uplift signatures. I sent them recorded delivery and never signed the letters as I was told just typed my name. Help ! -
Hi, would someone please be kind enough to check out this Halifax loan CCA for me and let me know if it's enforceable or not. If you click on the pics a couple of times they get bigger. Thanks
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Please can anyone advise me as Barclays have not agreements to send me just a copy of T&C nothing else and the letter below. Dear Mr XXXXXXX Reference: Sec 78 of the CCA 1974. Firstly, please accept my apologies for delay in response and for the inconvenience this may have caused. I write further to your letter and the enclosed £1.00 requesting a copy of your executed credit agreement for the above account. Please find the following documents enclosed: A copy of your original Barclaycard agreement at the time you opened you account. As your account is now in a recovery programme, further information relating to the current state of your account can be obtained directly from your Debt Management Agency. The information we must provide to you under Sec 78 is prescribed by the CCA 1974 and by the Consumer credit (cancellation Notices and copies of documents) Regulations 1983. This completes our obligation to you under Sec 78 of the CCA 1974. Your sincerely Court Orders and disclosures Legal and Regulatory Compliance Department -
.. I sent off a CCA request six months ago which has not been provided, the account is in dispute, i have been receiving 'arrears' letters since. My question is, would it help to send back the latest arrears letter with a "No contract. Return to sender" label, or sit on my hands? Thanks Pencil. -
Hi - if one had a secured loan with PPI would it be statute barred from claiming back the mis-sold PPI after 6 yrs (as claimed by the lender)? Also, amongst othe things wrong with it the cover is for only one person yet a joint loan - this is wrong isn't it?? thanks in advance:)
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