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  1. Hi all, I hope your well. Just a quick question please. I am a tenant in North London and the Landlord stopped using the estate agent in 2015, two years after we moved in. I now require a copy of the original tenancy agreement but the estste agent say as they are no longer managing the property, the records are no longer in the office and I would need approach the LL. The LL also says no. I thought the estate agents are required by law to store securly personal information belonging to a customer for a certain period of time, or is that not the case? Any help will most appreciated , Thank you
  2. Hi all, Will be claiming HB with a tenancy agreement dating back to 2011, it's a full 8 page Assured Shorthold Tenancy document, signed by myself, the landlord and witness. All above board and legit. A few questions though; 1) Would the JC likely question this, given how old the document is? I have claimed JSA before during my tenancy but didn't realise I was entitled to HB until now. 2) I would prefer they do not contact my Landlord (unless for a special investigation or some such) as he has previously expressed unwillingness to co-operate (that said he owns a flat above and THAT tenant had an AST he used to successfully claim HB - can I specify they do not contact him? 3) The rent has since risen but the contract still holds the 2011 amount, would I need to get a new contract in place to claim for the current amount? Thanks, JB
  3. Hi All I was hoping for some help with this credit agreement that was sent over from Capquest in reply to my CCA request. It's a shop Direct agreement and to my eyes it appears to have all the ingredients of an enforceable agreement. There is no actual signature but my name and date is printed in the signature line, there are terms and conditions along with a date. The debt will slip off my Credit file on the 27th August 2019. If it is unenforceable I am inclined just to leave it and let it fall off my file in 2 years. However if it is enforceable I would like to be able to prevent Capquest issuing me with a CCJ? Any advice would be appreciated. PS The attachments are in the form of a Zip file, as it wouldn't allow me to directly upload the JPEG. Regards Jonathan Doc 3 Sep 2017, 16-28.pdf
  4. I took out a Service Plan agreement less than 14 days ago and want to cancel. Essentially you pay £26.99 a month for 18 months and it covers a major and minor service, fair enough. However, Ive decided to cancel and simply pay for each service in lump sums as it will in fact be better for me if I want to change cars within the timeframe as if I did then the balance is due which again is fair enough. However, I have NOT claimed on the plan at all and speaking to VW financial services they are saying ok but that it takes up to 28 days to cancel (funny how it only took 20 minutes to set up) and that the first payment is due within that period and they will take it and its non refundable. Other than cancel the direct debit, have I any recourse and is it me, or does this sound like pretty dubious practice anyway?
  5. Good Afternoon everyone, Having had a read of these forums I have seen how helpful you have been with offering advice to other people so decided to register and post my own situation to see if you can offer me any advice. I am currently a private tenant through a letting agent. I originally signed an Assured Shorthold Tenancy Agreement on the 1st October 2016, which was a 12 month agreement with a 6 Month break clause. This agreement was signed by both myself and my Girlfriend at the time, so this original tenancy has not yet ended. On the 12 June 2017 (3 and a half months before the tenancy end date) I was contacted by the letting agent to re sign a new agreement which would run from 1st October 2017 for a further 12 months, with a 6 month break clause, so this is still a month away from actually commencing. The tenancy is still in the names of both myself and my girlfriend at the time (with myself listed as the lead tenant). Since signing the tenancy agreement on the 12th June 2017 I have had a change in circumstances, in that myself and my girlfriend are no longer together (this happened in the last week). As such I am now in a rather dire situation where I face having to pay a minimum of another 7 months worth of rent (£1200 per month) which on my own I simply cannot afford to do, I don't earn enough on my own to cover the cost of this and council tax/other bills etc. I was wondering if anyone would be able to advise me where I stand legally with regards to now cancelling the tenancy agreement due to start on the 1st October 2017. From what I understand this is only possible with the landlords consent and I would be liable for any costs incurred to re let the property, however as I am the current tenant, at the end of the current agreement I only needed to give 30 days notice, so would this apply? I wanted to know what (if anything) I can do to cancel the AST from the 1st October. Any advice or help would be greatly appreciated. Thanks Jamie
  6. guys what are the chances of getting a CCJ set aside due to the DCA admitting in court that they do not have a credit agreement? sorry for the lack of info, I'm in the process of gathering information as I am in a position to challenge the CCJ now thanks a lot
  7. Hi All, Was on here some time ago (7 odd years) and received some incredible help. Sadly 2 years ago i fell into some issues and couldnt work at the time. Thus accumulating some debts. One of them is a credit card with Halifax , approx £5500, that had been passed to Moorcroft. I have sent them a 'prove it' style letter They have replied to me with 1 page which is a personal details page and 1 page which is the signed CCA, from Halifax (photocopies) I am happy to settle this debt but want to know peoples advice, opinions and the best way about it. i do remember a fair bit and have been reading up. Seen the settlement letters, but also conscious the debt seems no longer with Halifax or is do Moorcroft just act on the clients behalf as opposed to buying the debt? I aslso have 4 others than are with Capquest, but rather than making this post complicated, i'll post a new thread. Thanking you all in advance again
  8. Howdy, I have a situation that I would really appreciate some input on. Recently Lowell contacted me for a debt I thought i had paid off in 2008. It was as credit card that I took out as a student. I had no previous contact from lowell until earlier this year. I received three letters demanding a sum of money and ignored them. I then received a pre court letter. When i contacted them they said the only way to prevent a cci was to set up a token payment plan in the meantime and they would provide me with proof of the debt. They told me to disregard the court letter. I agreed and set up the plan. The evidence i asked for didn't appear and i cancelled my direct debit before any payments were taken and then called them to ask whats going on and they said they were still waiting to hear back from the original debtor. A couple of weeks went by and then i received a letter from the court saying that a CCJ has been made. I have now received a letter from Lowell saying that they do not have any copies of original agreement etc and the debtor doesn't have them either. What can I do in this situation? I understand that once a ccj has been made there is not much one can do as even though its an unenforceable debt it has already been enforced but can they really demand the money without any evidence I still owe it? Any advice would be greatly appreciated.
  9. Looking for some advice please to see if this agreement is enforceable. I hopefully have attached the letter withholding personal information. would be much appreciated if someone could look at this for me a s Cabot / shoesmiths are threatening legal action. thanks cca return.pdf
  10. Hi, We own a flat which is 1 of 4 flats that were converted from a single large detached property in 1953. The flats are freehold flats. The maintenance agreement was with a named person on the deeds. That person died years ago, and so the maintenance agreement died with him. we have a situation of 4 freehold flats and no proper maintenance agreement. Over the years not everyone has been in agreement at the same time in getting any work done on the property, and also in getting an agreement sorted out. Recently we have had to get the building re-roofed at a cost of £20k However we now are all in agreement that this maintenance agreement should now be sorted out. Is it better to get the flats put into leasehold with each flat retaining a share of the freehold. or 1 flat owner has suggested Commonhold, of which I know nothing about. or Is there a better solution such as just having a maintenance agreement. Many thanks in advance.
  11. Hi can someone give me some advice please. I have asked my credit card company for my credit agreement and they have sent me a digital signature application details it has no signature on it . Can someone tell me if this is a true copy of my credit agreement. Thanks Michael
  12. Hi everyone, I was wondering if anyone could advise on what I should do with regards to the following. Around 12 years ago due to various issues I found myself in debt for about 35K. I went on a DMP which for majority of creditors is still going, paying off regularly the agreed amount. About 4 years ago MBNA stopped taking the payment, I have now discovered that they sold the debt to Arrow Global. Over the past couple of weeks I have received some letters from Shoosmith on behalf of Arrow for the credit card etc. Would anyone be able to advise if I shoudl ask for a CCA on the debt (I genuinely do not know if MBNA was paid in full or not! but I am doubting even my name at the moment panic is back!) . What steps should I take? Any advice is welcome (sorry if the above does not make much sense but after 10 years of paying things back this has brought me back onto "put your head on the sand mode")....
  13. Hi all. A very kind family member has offered to lend nearly all my wife and I need for a deposit on a house. We all feel that some sort of agreement needs to be drawn up. Please can anyone offer any advice on this? Thank you.
  14. My friend and her family need to move of out of the current rented property due to relocation of her company to North of England. If they do not move they will be unemployed. she sent the landlord a letter to say that they need to move and give them one months' notice. There is ample notice and they undertook the tenancy on the 13th last year. the 13th of April to 13th of May would have been sufficient. In fact she is giving one month’s notice as of today giving them 10 extra days. However, the letting agent has sent the following email asking them to pay for the whole year. Is this common? Can they do this? Your early response would be greatly appreciated. This is what the letting agency said: Quote The Landlord will agree to market the property with a view to releasing you early subject to the following terms: • You will remain fully responsible for the property, rental payments, utility payments and additional contractual obligations outlined in your tenancy agreement until the date that a new tenancy commences • You will cover the following costs on behalf of the Landlord associated with re-letting the property: - Inventory check in - Let fee of £354 (inclusive of VAT) - Agreement fee of £180 (inclusive of VAT) These costs are in addition to the standard costs associated with you leaving, i.e. professional cleaning and check out fee. Unquote
  15. I bought a caravan in August 2016, during the process was somewhat misled with the purchase and how beneficial it could be. I can afford the repayments, but unfortunately the information we was given on purchase wasn't 100% accurate and our homework wasn't as thorough as it could be, so now we are in a position where we cannot afford the site fees for the caravan and are now looking at the caravan being evicted off the park. This however leaves us in a bad spot as there is nowhere else for thee caravan to go, and moving it off site is expensive. The whole game is wrapped right up. I purchased the caravan for £11995. I paid a cash deposit of £5691. I took out a HP agreement on the remaining balance of £6304. Looking at my HP agreement for options, there is an option to "Terminate the HP Agreement" which for us would probably be the best solution. The text reads as follows: Reading this, the amount payable is exactly 50% of the total amount of the van. The cost of the HP, including the interest at 12.9% is £7997.28. £7997.28 + the cash deposit of £5691.00 = £13688.28 50% of £13688.28 = £6844.14 Reading this, then the agreement includes the cash deposit. Therefore, in order to make the total of £6844.14 I would need to make 7 monthly payments on top of the deposit to have the ability to terminate. However, speaking to the HP company, it appears that the total that should be in the Termination section is incorrect. I don't really want my credit report to be destroyed over this mistake as I am looking to be buying a house in the next 3 years. Please can you help? My main issue is that the balance for the VT is wrong. The balance for VT should be 50% of the amount on finance, not the total amount of the entire purchase. When I phoned the creditor, they confirmed that it was wrong. Basically, the amount to VT should be 50% of the finance, which including interest is 50% of £7997.28 = £3998.64. However, they have taken the full balance including the cash deposit into consideration. My question is, where do I stand now. If the entire balance, including the cash deposit is taken into consideration, then I have paid more than 50% of that agreement as my cash deposit and the 7 payments made to date exceeds the 50% mark. If they do not take the cash deposit into consideration, then there is an outstanding balance, but the agreement I have in front of me is wrong. My issue is that if the latter is applicable, the caravan will need to be put somewhere until the 50% is paid unless the creditor will take the van off me and agree for me to continue making payments until the 50% is reached (but that doesn't change the fact that the agreement is wrong). Please can you advise me on this. Several people, including myself, believe that the policy is incorrect and therefore void. What's your input? Please note: I have also posted this query on another site (Money Saving Expert), but am looking for solid advice so looking here too. Apologies to any member who has read this on there too.
  16. PDL company admitted fault in final response offered compensation which was accepted and a date by which it would be paid was agreed. That date has come and gone and the PDL company now say they are to busy with claims to pay up and don't know when they will pay the money. Is the agreement you already have with them as legally binding as it would be had they been directed to pay by the Ombudsman. It seems this is the latest from CFO lending and there are multiple reports of them doing this.
  17. I am a non-resident parent who has been paying maintenance via the CSA for years. I was aware that my agreement would be ending and fully expected to start a new agreement and continue paying for my non-resident daughter. My question is, as no-one seems to be able to answer it at present, if my agreement with the CSA ended on 13 February why should I have paid a full months worth of money to them in February? My new agreement with CMS starts on 14 February (some valentine lol) so technically I will end up paying twice for the second half of February. Now as this money is for my daughter this wouldn't be a problem but 1 her mum has aways made things difficult for me and 2 when I needed assistance from the CSA many years back they well and truly shafted me. So my thoughts are I want my money back? Is this going to be likely or possible? Thanks, Rich
  18. Hi There, Just wondering where I should post a new question relating to where I could find information on who I had a HP credit agreement with a few years back when purchasing a car? Or who I should write to to ask? Any pointers gratefully received. Many thanks :0)
  19. My problem is this..... I have a Controlled Goods Agreement with Bristol and Suitor.. My problem is this.. My monthly Income of Housing benefit and Job seekers... Minus my Rent and the Controlled goods agreement leaves my with just £55 a month. The Controlled goods agreementis £200 per month for 5 months. ** Is the a way no negotiate a lower monthly fee ?? *** (As im an trainee Accountant and I need to go job hunting in London ) I have been unemployed for almost 18 months after breaking both my legs !!! and my only pais of shoes have fallen a part . SORRY, feeling depressed.... now my life is just falling apart !
  20. I am trying to do the same. Has anyone got a copy of a QQ agreement aso I can't find mine and I wanted to see the terms. Thanks
  21. Hello anyone out there who knows what's what re CCAs and DCAs etc - will cut short a long story, an original creditor defaulted me 2/3 years ago on a credit card debt, on assigning the account to a DCA, registered amount owing at £0. DCA wrote demanding payment of original debt and I replied giving reason I believed debt to be unenforceable - DCA replied saying would look into this and usually required 4 months to do so. At end of 4 months, I noticed DCA had 'updated' the default, with original amount said to be due, without notifying me, this being some 5/6 weeks ago - still have had no reply from DCA - is this in accordance with any of the various terms of credit card acts etc? - or should I have been written to prior to default being updated - I did read somewhere you could only be defaulted once per debt- More than grateful for any comments on this - thanks in advance.
  22. Back in 2008 I got into a debt problem. Thanks to great advice from this forum I came to an agrred repayment plan of just £1.00 per month with no interest or additional charges being added with several of my creditors. Recently one of the debts was taken over by a new company by the name of "Baker Tilly Creditor Services LLP". At their request I provided an up to date monthly budget sheet which proved that my circumstances have not changed. They responded that it was obvious that I could not afford to increase my level of repayments and said therefore they would take a charge against my property so that the debt would then be repayable in full if I ever sell or pass away. There was no mention of whether further interest or charges would be applied to the account. I answered that having just taken over the debt they were obliged to adhere to any agreement that was already in place and did not have the power to vary the terms and conditions. Their last letter to me said that the matter was not open to debate and that they intended to proceed with court action. Can they do this after the plan has been in place for around 8 years with no missed payments and no change in circumstance on my part?
  23. Hi, Earlier in the year I received a letter from a well-known PPI claims company saying that they believed I had a valid claim against my bank (they named the bank) and that if I signed their form they would do everything on my behalf - of course I didn't properly read all the conditions and figured that as I wasn't even aware that I could make a claim that I might get something for nothing. They then emailed me to say that they couldn't continue with the claim unless I provided additional information on the loan I took out. As I didn't have any information from that time (and figured there wasn't much chance of making a claim) I told them to cancel the arrangement. They immediately mailed me back and told me that our arrangement was cancelled and that they would not contact me again. Three months later - to my surprise - my bank contacted me to tell me that the claim had been successful and gave me a form to fill out with my bank details so they could make the payment to me. The same day I received a letter from the claims company asking me to fill in the details on a form to send to the Ombudsmen, and from then on I started receiving phone calls, letters and emails from the claims company at the rate of one or two a day. I ignored the letters ('Return to Sender') without opening them, ignored their calls and voice mails, but read their emails. Because I was ignoring them I then started getting calls from a mobile leaving a message 'Hi Chris, it's Pete, can you give me a call mate' - presumably hoping I would assume it was a friend calling me and just call it back. This harassment has gone on for over a week, despite me emailing them several times to tell them that we cancelled our arrangement (and I have proof that they agreed to that cancellation). They have, however, now sent me a bill for 'completing the claim on my behalf'. My first opinion was that they have no legal right to claim any money, as our arrangement was cancelled - and because THEY told ME that they couldn't proceed without further information from me - which I didn't provide (I assume that by that point they had already contacted my bank). However, now I'm concerned that by not paying them I might be in the wrong - especially as I didn't read their terms and conditions. Can anyone advise? (What I'm hoping is that someone can tell me that under paragraph X of Law Y they cannot claim any monies off me after they have agreed to cancel the contract. If in indeed that is the case, then can I send them an invoice for all the harassment they have subjected me to, and the time and effort I have expended on it, and indeed the stress they have caused?). Just to put things into context, it was only a small loan and the repayment offer was less than £2,000. Cheers, Chris.
  24. Apology if this is in the wrong place....unsure where it should be. 28yr old homeless through no fault of their own, taken in my family member but they need to have a tenancy agreement in place to get help with rent. Currently not working due to having to leave work and area as nowhere to live and relocate to family for help but keen job seeker. How or can ... a tenancy agreement be made in these circumstances please.
  25. Hi, Hopefully someone can offer me some advice here, sorry for the long post. I live in Bristol and have a statutory periodic tenancy on a rolling one month basis. I have been here just over a year. My landlady has repeatedly breached the tenancy agreement by coming round and allowing herself and workmen access to my house with no notice whatsoever. My tenancy agreement says she must give 24 hours notice for any visit. I have told the letting agents in writing on several occasions that I am categorically not OK with this and I insist on notice. They have informed me (in writing) that they have asked the landlady to provide me with notice of her visits, but this has happened numerous times since. I live alone and I feel like I've been robbed of my privacy and harassed in my own home. As a result, I have found somewhere else to live, but I cannot move in for a month or so yet, maybe longer. My question is, because she has breached the tenancy agreement, can I serve my one month's notice from any date, citing these breaches, rather than the date of the rental payment (the 21st). When I can move, I want to get out of this house as soon as possible, and I don't need a reference from her for my new flat. I know "fair" doesn't hold always much weight legally, but it doesn't seem right that she can breach the agreement at will and suffer no consequences, but if I breached the terms, I would be served notice and evicted. I would be happy to stay here had I not been subject to this treatment, but now I feel I have no choice if I want a quiet life.
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