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  1. Hello, I rented a property directly with the landlord (no agency involved). The contract was for 1 year from may-2014 to may-2015. I have got a job somewhere else and unfortunately have to move. I discussed this with the landlord and he agreed to let me find a new tenant (and I pay the rent until the new tenant starts). This is all Ok. However he is saying he would take all my deposit in lieu of the breach of contract. The point he is referring to in the contract is: "In the event of the tenancy being terminated by the tenant before the end of the term the tenant shall pay the full cost of re-letting the premises to include any loss of rent incurred by the landlord as a result of the tenant's breach and the agent's fees normally payable by the landlord until the end of the term and the tenant shall remain fully responsible for all terms of the current tenancy until a new tenancy commences". Is this correct on the landlord's part to take all my deposit as I've agreed to finding a new tenant (as no agent was involved) and pay the rent until the new tenant comes in. Is the landlord eligible to claim the agent fees from me for re-letting considering he is not incurring any costs for re-letting and there is no agent involved. What are my options? Will the landlord be eligible to claim agent fees if he decides to go with one? Thanks Best Regards, Smith
  2. Hi, I have made a bit of a mistake. I have an agreement with BS to pay £5pw I was supposed to pay £5 20/08/14. I broke down out of area so couldn't pay until I got home which was 02:30 (am) 21/08/14) I have emailed then to apologise that my payment is 2 hours late will they now say that the agreement is broken? Even though it doesn't make a difference to them because its out of office hours either way? If I have broken my agreement what happens next? I hate it all of this for a parking ticket and I feel like these people have control of my life. I wont sleep no worrying about this payment being 2 hours late.
  3. Hi there I had been bullied for 2 years at work and was off sick twice within this period with long term sickness due to stress and depression. In the end, with the help of a solicitor we negotiated a settlement agreement which included a payout and a reference. I left my last organisation in December 2013. I have just found out that an ex-colleague of mine doing the same job as me in the same team working for the same manager as the one who bullied me (we were both managed by her as we were in her team) is leaving to go to a new job. This colleague of mine has had an unpleasant time since I was last physically in the office (July 2013 and I never returned). He to has been bullied with exactly the same issues as me, driip feed criticism, intimidating emails, etc, etc. He made a compliant to her line manager (the director) and she denied it when confronted. It frustrates me that she is still getting away with the same behaviours, especially when her manager has known all along that she did the same to me and had to agree the settlement agreement. My question is, whilst i know that I am legally bound not to discuss the settlement agreement that i made with them, am I able to act as a witness for him to state that she bullied me, without compromising my agreement? Does the settlement agreement restrict me from stating that she also bullied me if he should wish to make a complaint. Your advice would be much appreciated, as whilst my ex-colleague has gotten away with it, I feel that this woman will continue to make people ill and stressed unless she is challenged over her behaviours. Many thanks in advance!
  4. Does anyone know some legalize with regards to a memorandum of renewal for an AST. My anniversary is up and the new LL wants to increase by 6% & the period is for a further 6 months. Not a problem. Does this mean I have a " new" 6 month contract or is this just a rolling periodic contract where I can still be given 1 month's notice, instead of 2. Other tenants in my block have been told that if they don't accept the increase & sign ; then a month's notice will be issued. For the record only 1 week's notice of the increase/memo was given. Secondly the new LL bought the property 6 months ago but kept us in situ with the old LL contract. Can they now extend a contract with us that clearly has the old LL details. We presume that when they bought the block they didn't want to issue a new contract for whatever reason but none of us have a signed agreement with the new LL. Also the memo states this is a 6 month extension based on the contract signed last year in August 2013 between themselves ( herein called the LL) & ourselves( the tenant). How can they claim to be the LL for a contract signed before they even bought the property? Finally some of us have looked at our contracts & deposits & have discovered the old LL secured our deposits 40 days after we moved in; this has now been updated to show the new LL details but only since Feb 2014 when the property was sold/bought. Are they now liable even though original deposits were dealt with by someone else.
  5. Hi all, I am looking for a bit of guidance. I have attached Photos of all letters. I will start from the beginning.... once upon a time- On the 7th of April I received a letter from "Hamptons Legal" saying they are the pre-litigation department of "Lowell". They were asking for an immediate payment to "Red Debt Collection Services" please find a copy of the letter bellow - As you can see I have 3 different company names on that I replied with a request of CCA to "Hamptons Legal" on the 15 of April please find copy of letter bellow- On the 23rd of April I got confirmation from Lowell of the request. And they informed me they were contacting my original lender. On the 24th of April i got 2 letters from Lowell; Said was exactly the same as the one i received on the 23rd of April Said they had been in touch with Barclaycard and they were trying to retrieve the document from their archives On the 6th of May i received another letter from "Lowell", saying exactly the same thing as number 2 letter i got on the 23rd of April. Copy of letter bellow On the 12th of May "Lowell" got in contact again with me with another letter this one saying they are still waiting on Barclaycard, though this letter was slightly different to the ones i received on the 23/04 & 06/05. As this one said under the We're Here to Help heading - they won’t write to me again until they have a copy of the agreement (helping my filling situation defiantly). copy of letter bellow Then on the 5th of June "Lowell" contacted me saying that Barclaycard couldn't get a copy of my credit agreement due to the length of time since the account was opened with me. So they were closing my account and not making any further contact unless a copy of the agreement is produced by Barclaycard. copy of letter bellow I then didn't hear from Lowell till today 17th of July. This is what i received - I won’t short hand any of the document as i don’t want to mislead anyone and get the wrong advice so il take a couple of key quotes out of it and you can find a copy of it bellow. "Your Original creditor has provided us with the attached reconstituted copy of your credit agreement" "which they confirm you would have signed prior to the granting of credit to you" "we are not obliged to send you an exact copy of your signed agreement" "we are also enclosing copy of statement for your perusal and retention" "the outstanding balance show on these statements does not match that of the outstanding balance. This is due to the fact that they are only up until 15th December 2011 and our account was opened on the 2nd of May 2012." "As we have now fully satisfied out obligations required follow 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 fourteen days" Ok so the document Barclaycard have sent me - To start with the documents are dated the 12th of May 2014. So Lowell should of had them before sending me letters saying they where closing my account unless a copy of the agreement was found. It is then a cover letter then a contract followed by copies of statements. Photos of the documents are attached. The cover letter is attached - The contract has the right to cancel paper with it bizarrely an other than that it is blank tho in small print at the top it has my name and a old address. i have taken photos of it and attached them. The statements are card statements from Dec 2010 to Dec 2011 --------------------------------- Sorry for the bombarding of information i just figured i would rather get it all down in one hit then keep uploading a document here or there. So what do I do now? In my eyes what they have sent me is a complete load of rubbish? But I am no expert at this so I am hoping you guys can help me out. Thanks in advance for all your help!! If i have made any silly mistakes please let me know David
  6. Hi all I am currently 22 weeks pregnant and have been working for my employer since September 13. I am a surrogate and underwent IVF for my intended parents. I had a lot of problems with bleeding during the first 12 weeks which was really stressful and worrying. I work as a bookkeeper in 2 offices (Office A&B) using different software in each, in one of the offices (A) I have had no problems at all, in the other (B) I have been told I am making constant mistakes and clients are complaining about me. The director in office B and the manager talk to each other but not to me and have made me feel completely like an outsider. I spoke to the main director of the company saying I was concerned I was making these mistakes and I would lose them clients like I kept getting told. I told him of the issues with the manager in office B, he told me to not let her get to me and to stand up to her. I was called to a performance review meeting in office B where the director said I would be monitored for 6 weeks and to think of why I was making so many mistakes. I told him I had not been given sufficient training on the software in office B and was doing perfectly fine in office A. I was also given written instructions on each bookkeeping job by the manager in office B which every time I completed a job she would give the job back to me with a long list of review points saying I had done it wrong and the written instructions would have to be changed time and time again. I was told in this performance meeting to write my own notes and to think of ways to improve my performance. I emailed this director and asked if we could change the software in office B to what I used in office A to eliminate problems. I never got a response. My employers are aware I am pregnant and that it is a surrogacy and of the problems I have had and the numerous emergency scans due to bleeding. I was called in to the directors office 2 Fridays ago and told that my performance review would be on the Monday and that he would be bringing the HR and I was entitled to bring a representative with me. I asked him if I needed to, he said No. I took a colleague from office A with me and I was offered a settlement agreement. It was stated that as they are aware I am pregnant it would probably be hard for me to find employment therefore have offered me a tax free lump sum which would not total 4 months wages therefore not enough to cover me for the last 4 months of pregnancy. They did say I do not have to take the offer but if I dont, then if a vast improvement in my performance was not evident in the following 2 weeks they would start formal proceedings on me. Sorry for the long winded post but needed to inform of the background. I'm now to see a solicitor but don't want to go in with no knowledge at all. Can anyone help please? Thanks
  7. Hi all, We recently moved to a new house after being issued a S.21 (because the landlords want to sell the property). We vacated the property within the 2 months and are now in our new place, and tomorrow our previous landlords are coming to inspect the old house which we've had professionally cleaned. There were a lot of problems with the property whilst we lived there, such as damp, water damage and bricks falling out of the wall. I have a feeling that when she comes to see the property she will say that she'll release our deposit (because she does things like this, she doesn't like confrontation, and will text us later) - so is there any document I can use/print (like a contract/agreement) for her to sign so that she can't go back on her word? We will also be taking a friend with us as a witness. TIA
  8. This is going to be, I fear, a bit of a long winded post, so apologies for that right from the start. Yesterday (23rd June), my property was visited by an "enforcement agent" (I'm going to say bailiff from now on, as it's quicker to type) from Bristow & Sutor. I wasn't home, but my partner was (the debt (council tax) is in both our names). It is important to note that I am NOT trying to get out of paying the council tax for a second, I know that has to be paid, but I do need advice on this controlled goods agreement. Anyway... The bailiff knocked on the door and my partner answered it. He (the bailiff) then went on to explain why he was there. He told her that he was there to make an arrangement to pay, which was fine, we owe it, so we've got to pay it, I don't have any real problem with that (apart from their fees ) but she was pressured/intimidated into signing it. All of the paperwork for this 'agreement to pay' was filled in by the bailiff, and my partner was told to sign it. Thinking that she was only signing an agreement to a payment plan, she signed it (we've had words ) but in fairness to her, the bailiff was suggesting that he had all sorts of powers to force entry etc etc, she was told that the sheaf of papers that the bailiff was filling in was all to do with the changes in the law in April. As I said, she was more or less intimidated into signing this paperwork on the doorstep. He then left her with copies of the paperwork. An important point to note at this point is that at no time did the bailiff set foot inside the door When I got home, I looked through the paperwork that she'd signed, and it's a "Controlled Goods Agreement" (Walking Possession as was). This 'agreement' states that the bailiff has "taken control of our goods" and unless the payment plan is kept to (which we can't afford to pay, but the bailiff refused to negotiate) they'll be back to seize our goods which they've apparently taken control of. A couple of points I've noted from the 1st part of the paperwork is that it is filled in incorrectly (albeit minor errors). 1). The bailiff has spelt my partners name incorrectly. 2). The "Enforcement Stage Fee" doesn't add up. As I understand it, that should be £235 plus 7.5% of any amount of the debt over £1,500. This actually means that the 'enforcement stage fee' is 20.575p higher than it should be. Yes, I know, it's only 20 and a bit pence, but it means that it's not factual. But now, the more important things. In the 2nd part of the paperwork, the bailiff claims that he has entered the property (he hasn't) and then issued a "Notice After Entry" and claims to have taken control of our goods. However, on the next sheet, the bailiff has ticked the box marked "I have taken control of the following" and then listed... "As previous inventory" Now, I've lived here 18 years, and unless the bailiff has snuck in disguised as the guy who fixes washing machines, no bailiff has EVER been inside the front door, so by my reckoning there cannot be a "previous inventory" and perhaps it would be more truthful to have written "as previously invented". So, the main point of this post is to ask your advice. Are we under threat of these goons coming back to try and force entry (although that sounds like a silly question now I've typed it). Is this document valid, or can I take it up to the bathroom to use as we see fit would be a better question. My partner is now terrified that they'll come back while I'm at work, and I don't know what to tell her. Help!
  9. Hello All, Can anyone help me with analysing the attached recon agreements. They are for a Barclaycard credit card agreement from Oct 2006. They were provided by a DCA and are subject to a court case at the moment. There are a total of 7 pages. So far I have found the following errors with the docs, when compared against Carey v HSBC 1. The cancellation notice on page 1. Doesn’t comply with any such notices as per Statutory Instrument 2004 no. 2619 The Consumer Credit (Miscellaneous Amendments) Regulations 2004. 2. Both agreements have the incorrect heading. 3. The second one states - The agreement is between Barclays Bank PLC and You, the person who signed the agreement as shown on the attached letter!!! 4. Condition 1 is missing on both of them. 5. Also, On the top left of page 2 of the first agreement is a date and time 26/06/07 3.40pm and In the second agreement it is 22/09/09 19:08. Surely this can't be the t&c's at inception which was Oct 2006. 6. In the first agreement, the front page in the section headed TOTAL CHARGE FOR CREDIT. An example of a standard balance payable equally over 12 months states that the total charge for credit will be £138.44. This works out at a rate of 9.23% and not standard rate of 17.9% quoted in the first box of the same document. (138.44/1500x100) Anyone know how this is worked out, as it is a prescribed term, my understanding is that it cannot be misstated. 7. In the second agreement the third box top left for APR states - Not applicable see below and in the bottom left the box for total charge for credit states Not applicable see below The DCA reckons that barclaycard advised them that i signed the agreement even though one was never ever presented to me even when I queried it several times in 2006/07 Would be grateful for any input regarding enforceability and any more errors especially in the prescribed terms. Thanks for your help
  10. I recently signed up to Brighthouse just to buy a hoover with weekly payments. I have since discovered I could get it elsewhere as my credit rating isnt exactly that bad. Anyway, after a month from an original payment, I still have not received the goods and I am being bombarded with calls to try to get me to pay my next installments. The first problem I have is that I am paying a rental agreement for an item I don't have yet because I did not supply one proof of income that is provided in my wifes name and because it is in my wifes name they want bank statements. I have spoken to the staff at the store and stated that I want to cancel the agreement for a full refund as I can't see why I should be paying for something I don't have. I even stated that I would come in to the store a week later to process a refund although I do not know why I keep getting calls daily (4 or 5 today so far). The calls are all automated and I know brighthouse have the option to suspend accounts as you can have "payment holidays" where you do not hold the goods. Can anyone provide me with advice before I block their numbers? Thanks
  11. Hi all! I maybe putting this question in the wrong subject? But me and my husband are wanting to renew our tenancy agreement for renting a flat and want to do another year. But want to know wot happens etc... we also have to pay a fee of £60! We don't mind that but want to know what they do with that money? Our landlord lives a long way away so we mostly have the agency look after us so we just want to know what we have to do to say we want to add another year on... thank u all and have a LOVELY Sunday!
  12. Hi I need a new tenancy agreement for a standing tenant taht is always up to 3 weeks late with the rent. Does anyone have any templates that can be downloaded Thanks Mike
  13. Hi there As a result of severe mental illness from between 1990 and 2008 i ran up many unsecured credit card debts. I have no memory whatsoever of signing any agreements. I recently asked cabot for the original credit agreement and they said they did not have it. They tried various bully boy tactics to make me back down and start repayments. This debt dates back to 2003. Eventually they agreed to write off the debt. I am now in negotiation for the other debt collectors to do the same. A company called Robinson Way have sent me a photocopy of an advance application form and agreement. It doesnt have a letter header. There is a signature but it is not dated by the signatory. There is typing on the bottom of the photocopy that is dated 2nd Dec 2003. I have no memory of signing this. I have asked them if they have the original and they dont seem to want to answer. Is this advance application legal as it has not been dated. What are my options here? If they dont have the original agreement, what can they do? I am well now and trying to rebuild my life after years of terrible mental distress. Over the years, my family and I have literally been terrorized by debt collectors. They were told by the CAB that i was deemed a "vulnerable" person and should not be contacted by phone and home visits. Despite of this, they have made our lives a misery for over 8 years. These debts occurred due to my severe mental illness. As I said, Cabot have cancelled one debt because they did have the original agreement. if the other companies do not have it then surely they should also have to cancel. Many thanks If they have the original but its not dated, is it enforceable?
  14. Any views on this welcomed. When i bought my new car 4 years ago I took out a service plan through Essex Ford that i paid monthly. I now have a problem because i cancelled the service plan over the phone back in February but they never cancelled it their end. I am due a refund and should have had it in accordance with the terms of their contract by the end of March. They have now cancelled it and say I will get my money by the end of June. It is nearly £300. They admit their mistake and that they are in breach of their terms but wont pay up any quicker. Is this sort of agreement covered under FSA rules and can I complain to the Ombudsman?
  15. Hi, Can anyone advise me please. I have been renting a house since Feb 2011. I have always signed an agreement every six months. When I first moved in I asked the letting adviser about notice periods and she said that the first six months is a set contract and after that it's a months notice on either side, I have checked this several times and when I signed the last agreement in the middle of February this year I told the lettings adviser that I had had an offer accepted on a house and would be handing in my notice during the next couple of months, I asked again that the notice period was 1 month and she confirmed, I then asked about whether I needed to hand the notice in on a particular date in the month and she said no if I handed it in on the 15th on one month I would be charged to the 15th of the next month. I received a completion date for the house last week and handed in my notice on the 23rd April. The letting agent has now told me that I am responsible for the house until the 21st August because I signed for 6 months and the only way out of this is if I pay a £60 re-advertising fee and they get a new tenant to take on the house. Can anyone advise please.As this is potentially another 3 months rent etc i'll have to find and I can ill afford it.
  16. Hi, I need some advice please, i know u must get many saying this each day so understand if it will take a while to reply. Unfortunately i had a judgement placed upon me by a debt collector, i was very unwell at the time and i stupidly just ignored it as had more important things on my mind, plus medication at time gave me little energy to even fight this. This is from 2011. I now only felt strong enough since late last year to try and fight for it, i asked the company in question to prove that i owe this debt, they claimed they were having trouble locating my file and they would need more time, this went on for about 7 months. After i sent template letters asking them to remove it off my credit file because they cant provide evidence, they took months again to bother replying as they claim there legal team is looking into it. They finally got back to me stating : As Judgement was granted on 15 May 2011, we are no longer required to provide to you any documentation relating to the debt. Im confused as previously they said they would and that they are trying to locate it. Does anyone know what i need to do next? Going to Court will be quite stressful for me but i guess it will be the only way to ask for it to be set aside as it seems the debt collector is now refusing to now cooperate thank u Jayne
  17. Hi, I’ve been lurking on the forums without posting as of yet, a lot of info here has helped me take the right steps to VT my agreement with MotoNovo. thanks firstly. Sat the end of Feb 2014 I decided to Voluntary Terminate my Hire Purchase agreement with MotoNovo. It was 5 years HP, and I’d only had the car around 12 months but for one reason or another I needed out and accept I have a present liability to settle up to the 50% mark on the agreement . I wrote to MotoNovo around 20th February informing them I wish to VT. I received a reply around 7 working days later, to explain Manheim would collect the car which they did on the 12th March. I knew they would sting me with their additional charges for “excess miles, condition” etc which I know is a load of tosh as per the CCA (as the car was second hand, in good condition and fair wear and tear etc). I received a letter dated 18th March from MotoNovo, stating they accept the VT but that on top of the £4.9k liability (which is wrong as a further payment was sent to them on 5th March) they also want to add on almost £2k for their charges following the inspection report. It says payment should be made within 30 days, a further paragraph goes on to state “…failure to make payment within 30 days of the date on this letter, will result in your agreement being noted as terminated with default liability…”. I replied to this letter on the 4th April 2014 (via RD, they received it) explaining I am happy to pay the remaining liability to settle the agreement minus the additional charges from the inspection report. Today I’ve received an alert from Equifax that my credit report has changed, and low and behold my agreement is now marked Defaulted as of 10th April. My issue and the reason I am now posting is regarding the default notice. The 30 days given in order to settle the agreement isn’t up yet as per their own letter. My question is do they have the right to mark the agreement (at this stage) as defaulted? And does the extract above from their letter cover them in terms of issuing a formal notice of default letter? Any help/advice on this would be massively appreciated. I feel like I’ve got a fight on my hands with this one… since I arrived home. I've received a letter dated 4th April 2014 advising that after the sale of the vehicle the settlement amount is now £4.1k, and will be reduced by 20% if paid within 7 days (passed that before the letter even arrived!). If payment is not made the account will be sold to debt collection agency. No mention of any of the points raised in my last letter, although it does appear the £2k charges from the inspection have been wiped (unless the car sold 2k over at auction?) I made a quick call (in addition to the letter I will send to back it up) with one of their agents who was very surprised at what had happened re: default, as he was in agreement to 30 days being outstanding, after a quick consultation with his manager he quickly fell back into party line and informed me "marking the agreement as defaulted is what we normally do when someone VTs the agreement until the amount is settled, but once you've paid the amount the the defaulted mark will be removed". Maybe I'm cynical but I'm dubious over this, my instinct is don't pay a penny until they've removed the defaulted marker.
  18. Well, I believe there maybe a few people in similar situations but I don't wish to intrude on other peoples threads. Where to start, well I hate them! I had a 3 years interest free loan agreement through Creation via Ultralase. I started travelling 6 months into the agreement but always made sure that I had sufficient funds in my account to meet the monthly payments. No problems for the first 2 years then it all came tumbling down..... 1 month (march 2013) I did not have sufficient funds to pay, I was unaware of this but kind of knew I was low in my account any way, so later in March I transferred over enough money to pay for the next months and shortly after that I transferred enough to pay for the next 4 to 5 months. It was not until I checked my online account a couple of months after to see if i need to put more money in my account that I noticed nothing had been withdrawn via DD. I tried to get hold of creation via phone which was hard in Australia, and also sent 3 emails to them before I finally got a response. The said they cancelled DD because of non payment for March. I explained why I never new about it and basically that does not matter and they told me that my payment to bring account out of arrears was £850 give or take. So basically it was £110 I pay and according to them it was 3 months missed payments, the march one and the following May and June so they are charging me £520 in penalty fees. The only reason I never paid may and June was because they cancelled the DD which I was unaware of, as I did have money in my account to pay for them. Now I have collection agencies knocking at my door and it has destroyed, what was, a perfect credit rating. I have tried to reason with creation but they say its in the hands of collection agencies and when i speak to the collection they say they cant sort that out, speak to creation. I dont mind paying a late payment fee for March but not what works out to be £170-180 for it and I certainly do not want to pay fines for non payment after they cancelled DD. Any help or advice for this very stressful situation would be amazing. thanks for reading, sorry its long and maybe confusing
  19. In 2007 my fiance took out a loan with welcome finance. They came to the door out of the blue (just happened to be in the area!?) and he was told they could get him the credit the next day if he signed that day, he was told he wouldnt be approved for the loan if he waited any longer. He then signed as he desperately needed some money. The loan was for £2000 for a period 36 months. Total charge for credit would £1814.92 with an apr 60.35%. The PPI box is ticked though my fiance was not asked to sign underneath the box where it is stated he should. It also says that by signing this agreement you have declared that you have signed this agreement at our business premises which is obviously not the case. The agreement is not signed or dated for and on behalf of welcome finance in the box it is requested. My fiance asked to cancel the loan a week after he took out the agreement but was told his cooling off period was over. On the agreement it simply says "once you have signed this agreement you will have for a short time a right to cancel the agreement" The agreement also says there will be various charged for telephone calls to him (£10), letters to him (£10), if any payment made is returned unpaid (£20), we have to visit you (£25). My partner then stopped paying as he knew he couldn't afford it, hence why he tried to cancel. The whole situation and agreement sounds pretty dodgy and the guy was very pushy, saying my fiance needs to move out of his parents house and the money would help him do this etc. can anyone help with what to do to battle these guys? its been sent to various dca and a default entered on his credit file. thanks!
  20. Hi, I am trying to help a family member to sort out old PPI on AVCO (associates) loan. I did send for SAR and they say there is nothing (the loan was paid in 2000). I have all the bank statements showing payments to AVCO and closing account statement with a small PPI rebate. I need to figure out what was the ppi amount on the agreement. I believe that the amount of PPI was pretty much a standard percentage of the loan amount. May be someone had the loan at the same time and have an agreement with figures? The APR interest at the time (loan taken in 1994, another one in 1998) would also be very helpful. Thanks in advance
  21. Hi there, Bought a car from Car Craft last week and very disappointed with the service. Extended warranty sold under false pretenses and the service light is showing on the car, which likely also needs a new cambelt. We have now applied to cancel the guarantee and so the finance agreement will need to be reformulated. As far as I am aware, we have no obligation to sign this new agreement and should be able to return the car to you instead. Please advise if this is incorrect. Thanks Laura
  22. Hello All, Please could I have your valued opinions on this credit agreement. Would you say that it is a multiple agreement or not?
  23. We have an agreement for the rather unusual term of 7 months - it's a Fixed Tenancy Agreement with a letting agent. We moved in on 1st November 2013 and our bedroom window became very mouldy back in January. We weren't just putting up with mould, but also with "mushrooms" that were growing in between the outside single glazed window and the secondary glazing unit. The mushrooms would squeeze in through the secondary glazing and drop onto the window sill. We took pictures and emailed them to the agent stating it was a health & safety hazard and that both of us had had bad chests as a result of breathing in the spores during this time. It is now 13 March and whilst they've sent a couple of workmen over to evaluate it, work still hasn't begun. We dread every time it rains. We now wish to leave a month earlier than our agreement. The contract states the end of the agreement is 31 May 2014. Can we leave earlier on the grounds that the works still haven't started and the mould is still there? We don't wish to risk losing our rent paid in advance or our deposit of £1,150.
  24. Hi all, I've been fighting a case with Optima Legal over the past 4-5 months. To quickly bring everyone up to speed, heres what has been happening. CPR 31.14 request sent 7/11/2013 Extension agreed until 01/01/2014 (as no paperwork arrived) Filed a "holding defence" with a N244 order on 01/01/2014. Order was accepted, Optima Legal given until 24/02/2014 to comply with CPR 31.14 request or the claim would be struck out. Documents turned up on 21st. I now have until 17/04/2014 to submit my defence. Basically, the documents they sent were the following: A reconstituted copy of the Credit Agreement This has NO signatures on it, I do not think I ever signed one (this is for a catalogue company shopping direct, perhaps why it took so long to arrive). A copy of the Notice of Assignment from Shop Direct Finance dated 02/11/2010 A copy of the Notice of Assignment from Capquest dated 2/11/2010 Account Summary of transactions A copy of Judgement HSBC Bank PLC V Carey (2009) EWHC 3417 (QB) and A copy of Judgement of Lombard Northern Central PLC v Power Hines (1995) There was NO default notice supplied. However I have been informed from another forum that the The Lombard v Power Hines case will be quoted to cover the lack of default notice and that my best chance would be through the reconstituted credit agreement? I really do not think I ever signed one. If I recall rightly they use to send the first lot of goods with the credit agreement in but I never returned it. I have uploaded the credit agreement if anybody could please take a look and advise me of a possible defence? Also, if anyone is wondering, the account was opened 19/09/2008 according to my credit file. Thanks, Mike
  25. I was offered out of court settlement for money owed to my company.Which was refused and have asked the the assistant of a firm to prepare me particulars of claim for a fee so that I can take up my case myself. Error were made on the PC by the solicitor and my claim strike out for being misconceived, with cost to myself. The other side want their cost and have promised to stop me progress with the fresh claim. Also threatened to make me bankrupt and once am bankrupt I can no longer be director of my firm again---- What do I do as I do not have money to pay this court cost-- which I am appealing at the moment and the appeal is not going well as the judge want 50% of the cost paid before appeal can be looked into------any help
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