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  1. READ MORE HERE: https://www.gov.uk/government/news/mod-and-royal-mail-sign-new-agreement-to-keep-personnel-connected
  2. Asked for a copy of agreement, a CCA. A Santander credit card, being chased through Robinson Way, solicitors. They have sent a reconstituted agreement. This has NO date, nor my SIGNATURE. In fact, it is just a normal looking letter. I thought it should be at least a photocopy of something I would have signed. Is this a valid response to my request? Should a CCA request mean they send something with a datestamp, and a signature? I can upload their letter if it helps.
  3. Hi All, I had started a CCA process with Idem servicing with the OL being Citi Financial. I took out the loan in 2007 and have had a minimum payment going out. All payments have been stopped whilst my CCA request is in process. Idem promptly replied within the set time of 12+2 days with many copies of the signed contract with Citi financial, i just want to make sure that what they have sent is enforceable, if so should i resume my payments and send a F&F offer to them. I have uploaded the documents that were sent to me.
  4. In 2014, I was due in court for an alleged crime which was fitted up and racist. my wife and I signed to apply for LAA, and it was based on the earnings she was receiving as I was a poor musician. before the case date or I even had a Barristor, I had Rossendales harassing me to pay them £586. 00 per month, which I retaliated withe vitriolic replies. The case date was not set up until Oct, and by that time I had ignored all notices from Rossendales, and was going through nasty Divorce. As soon as I was divorced they started harassing me again, but I am fighting this tooth and nail because they have not bothered to go after my nasty ex wife, just me, and their insipid excuses is that I was the one who signed the agreement, my argument is that under the Consumer Credit act 1974, this is a joint agreement, hence both parties are responsible for the debt and the bailiff fees etc. They have visited my house and I received several letters with costs and threats to take control, to which I have vitriolically replied stating my case which seems to fall on deaf ears. I have made complaints through Resolve, and to Matrons and the LAA, which seem too have stopped the visits, and I have read all the anti bailiff blogs , and the law , but these seem to be a law unto themselves. Fortunately I have a partner with whom I am able to stay with, whilst I make my case, and can take evasive action, like purchasing my own wheel clamps for when I do have to leave my car on the driveway, when I am at my address. My question is : Am I right that the CCA agreement is a joint one, or am I liable for these ridiculous fees plus the LA costs?
  5. Hello folks. I'm hoping for some advice on tenancy agreements please? Sorry for the long read, but I think I need to be as clear as I can. My son is at Uni and he and 9 friends decided they wanted to share a house. Being young and foolish, they all got pressured into signing the tenancy agreement, as they were assured they would lose it if they didn't sign quickly. None of them clearly understood the agreement and all of them required guarantors. I am currently guarantor for my son in his present, single accommodation, absolutely no problems there, but when I read the new tenancy agreement for the proposed new house, I raised numerous concerns and refused to sign as guarantor. Like many such, it is a joint and several tenancy agreement, but how any guarantor would ever sign one of those is a mystery to me. I am perfectly happy to take responsibility for my son's rent and actions, he's a great kid, but I would never agree to take joint responsibility for 9 total strangers. The guarantor agreement also stipulated a joint and several responsibility. I also noticed a number of clauses, in the main tenancy agreement, that caused me concern, and looking at the OFT site, there is a large section there, on this very subject, that seemed to bear that out, if I am understanding correctly? EG. There is a clause that insists (Not advises) that each tenant must take out insurance to cover contents and accidental damage to the property. There is a somewhat hidden clause, by way of a reference to a paragraph in a chapter of the 1988 Housing Act, that, once I'd managed to hunt it down, gives the landlord the right to give 2 months notice to the tenants to quit the property, but there is no such option for the tenants to do the same. There are 2 conflicting access clauses, one that states the tenants are entitled to peace and quiet and to not be disturbed by the landlord, and further down states that the landlord/agents can demand access at any reasonable time of day. There are others that I think are dubious too, but I'm rambling enough as it is, so those are the main ones. It appears to me as if the landlord has added amendments to a standard agreement to suit his needs. None of the other guarantors agreed to sign either, and based on that, all of the tenants decided it was a bad move, and wish to pull out, but they have already signed the agreement and the landlord is trying to force them to fulfill that agreement. I realise that they were foolish to sign the agreement in the first place, and that they should have ensured that they, or someone they could trust, had thoroughly read and understood it first, but are they now stuffed and liable? My thought is that the agreement is unfair and could be challenged if it comes to that, but how many unfair clauses would it take for the contract to be deemed unfair? We have spoken to the landlord to try and come to an amicable agreement, but he is now saying he cannot find anyone who will pay full rent (So much for the queue of potential tenants that forced a quick signature initially!!) and the signed tenants would have to make up the shortfall in the rent from the proposed replacement tenants in order to be released from the agreement. I'm also wondering, if it did go to court, would the students be eligible for legal aid in a civil case, as none of them are employed, but living on their loans. I hope someone can advise, and apologies again for the length of this question. Thanks for reading, those of you who have struggled to the end of this.
  6. Hello In November I purchased a new car from Peugeot using Passport Finance. I paid a £250 deposit by credit card and was told my new car would be here at the end of January. I have still not received delivery of my car nor is at the dealers. in fact nobody seems to know where it is or when I can expect to get it. I have already received the V5 for this car and also the new finance agreement. I have had to pay my existing finance ( which is not a problem as I still have that car) but where do I stand with the new agreement that the dealer has already put in place even though I have not received the goods. Maybe I was a bit naïve as the dealer asked me if he could register the sale for January 31st to increase the branch sales figures. I was not told that this would automatically register me as the keeper of the car, nor set the finance in motion. From what I can see the car ( I tracked the vessel) was not even in the UK when he did this. I am being fobbed off by them and have now been told I will get a call from Peugeot Motor Co to hopefully resolve this matter?? Please can somebody help me. Can I cancel this agreement. Should I call the finance company and explain to them. I really am not sure what to do as I have been told that as I signed the paperwork on the dealers premises there is nothing I can do? Thank you all
  7. Hi all, I have come across a thread on this site (unable to post link to thread as a new user, appears to be thread 359520) which after reading sounds like a very similar situation to my own, so I thought I would post here for some advice on the matter. I have a shorthold tenancy agreement, with a fixed term of 6 months. This started on 28/08/15, so therefore this agreement ends 28/02/16. I have informed the landlord that myself and my friend who share the tenancy will be moving out, and will be vacating the property by 27th February at the latest. 2 days after informing them, the landlord called me and stated that 2 month's notice will be required. Obviously this concerned me, so I thoroughly read, re-read, re-read again and also got 3 other people to read through my contract. The contract does not state anywhere at all that a notice period would be required. Literally all that is stated in my contract with regards to the fixed term is the following: Term - For the term of 6 months commencing on 28/08/15 No mention of notice period, no mention of what will happen at the end of this term. Nothing. (for what its worth, we signed a new agreement following on directly from another friend who had rented this house for 4 years before we moved in. To my eye, the contract just appears to have been typed up in a rush, fitting with the notion that the landlord wanted us signed on and moved in ASAP) This prompted me to get in touch with the Citizens advice bureau, who in turn pointed me in the direction of the tenancy advice team at Shelter. It was shelter who informed me of case law authorities Flower Vs Darby (1786) and and Cobb v Stokes (1807), and explained that if we are simply leaving prior to the end of a fixed term agreement, then no notice would be required. I am going to take my contract in to my local Citizens Advice branch tomorrow, to have another person read through my contract on the off chance that I am missing something, or simply not understanding some of the property/landlord jargon in front of me. Does anyone else have a similar experience of this issue? I just want a bit more advice and backing before I meet with the landlord this coming weekend. Certainly do not want to look an idiot bringing this up with the landlord. Finally, the thread I linked to above has a comment quoting a guideline from The Office of Fair Trading (OFT) has issued Guidance on Unfair Terms in Tenancy Agreements (OFT 356, September 2005). The Guidance states as follows: “3.78 A tenant is not required to give notice to bring the tenancy to an end at the end of the fixed term. That is because a fixed term agreement comes to an end at the end of the fixed term, and no periodic tenancy will arise if the tenant then leaves. We appreciate that landlords will want to ensure that their properties are not left empty between tenancies, but object to terms that impose a contractual obligation on the tenant to give notice in order for the tenancy to be terminated at the end of the fixed term…” Beyond the fact that the landlord has neglected to mention anything about a notice period on the contract, are all UK landlords subject to the guidelines stated by the OFT? Again, any advice here would be helpful. Thanks for reading!
  8. I'm new to this site just wondered if anyone could help me on how to obtain all my original loan credit agreement from Halifax bank as I've done so in writing before and they've only given me 3 pages out of 13 Thank you
  9. I just thought I'd post list for your chuckles I noticed a Default on my credit file. So wrote to Lowell Group requesting CCA etc etc. Finally got a letter from Naturally Close (Lingerie catalogue) I'm a man, and not that way inclined! Anyway, Naturally Close quoted "The Account was originally opened on 18th Feb 2007" and "We are under no obligation to supply you with a signed copy of your agreement at this time. However please find enclosed a Reconstituted "True Copy" of your agreement allong with the terms and conditions..." blah blah.. Firstly, no such agreement has been signed by me, so unsure how it can be a Reconstituted "True Copy", and secondly, the address on the copy is my current address. I wasnt living at my current address in Feb 2007, nor was I for at tleast 4 years after. They sent two different copies of the "CCA" Page 1 of one "CCA" states 39.6% interest. Page 1 of the other states 36.9% Both with the incorrect address for when the agreement was taken out.. Funny how when I brought this to the attention of Lowell, and have been chasing them weekly for 6 weeks, that they dont reply. I've just opened a case with the Financial Ombudsman.
  10. I was recently informed that 4 colleagues where asked to work the night shift Xmas Eve and where told that if they worked it they would be paid a bonus plus time and a half for the hours worked. The 4 staff have now been pulled into the office and told they wont be paid the time and a half for the hours worked nor will they get the bonus promised but have been told they can take the day they worked back as holiday. Now one could say that as there was no one else round it is their word against the companies however the person who made me aware of this issue also did the Xmas Eve Shift was told the same thing and was paid the bonus plus time and a half He is going to bring in his wage slip for me to copy before I raise the issue with the PM I would assume that faced with the evidence of the additional payment to one colleague the company would be obliged to honor the agreement if not what is the redress? Regards Bill
  11. Hi all, I know there are a lot of us out there trying to get things sorted with old PDL debts that we have, and in many cases we seek the help of FOS. However I had a PDL from trustedquid back in early 2014 for £150 which I defaulted. there was no way on this earth that FOS would write if off so I contact them directly and today we have agreed an arrangement where I will only repay the original loan over a period of 5 months upon reciept of the first payment they will remove any reference to the loan on my credit files. It was tricky to get this agreement as they would be worried about me not paying anything once the debt was removed, but when I reminded them that they can re-instate the debt at any point the agreement was made. I know some of you will say stupid boy but I feel this is the best that could have come of it. Thought I'd share this with others out there looking to tidy up their credit files as this could be another option for you.
  12. BANK - barclays & 1st credit PROBLEM - Barclays sold my UK debt to 1st credit and I now live in Spain INITIAL LOAN AMOUNT - £4900 AMOUNT OWED / REMAINING - £3509 LOAN START DATE - 10 FEB 2012 LOAN TERM - 60 months LOAN MONTHLY REPAYMENT AMOUNT - £106 reduced to £5 COLATERAL - None REF: Barclays sold my debt to 1st credit against our agreement when no payments where missed or late. NB My situation can be classified under 3 forums and I have posted this message under 1st direct, barclays and debts abroad. My apologies for any confusion. Hello Everyone, I took a loan for a car in England to do my job as a support worker for children and adults with disabilities. The loan amount was £4900. In December 2013 I went to live in Spain perminantly and do not have a source of regular income. In August 2014 I was unable to continue repayments of £106 and agreed with Barclays bank by telephone to reduce my repayments to £5 per month for 12 months, to be reviewed 12 months later. I paid all these repayments fully and on time. 12 months later, in August 2015 I contacted barclays by telephone again and agreed to continue repayments of £5/month for another 12 months until August 2016. . I paid all these repayments fully and on time. I received a letter on 12 November 2015 (dated September 2015) from Barclays stating that- - they (Barclays) have "transferred the debt you owe us to a company called 1st Credit Ltd" and - "1st Credit Ltd will contact you to complete an income and expediture review to see what you can afford to pay after a minimum of 3 months" and - to cancel any standing orders to Barclays I made a payment of £5 on 12th Nov 2015 online using the 1st Credit website. I shall make another payment using the 1st credit website of £5 on the 3rd December 2015. I will continue paying £5/month. I would sincerely be grateful for advice and have some questions I would like ask: * I have read on the internet that the UK is stopping people at airports from leaving the country and demanding repayment or prison. This frightens me because I am going to visit my family soon (they payed for my air tickets). Would this affect me? * I live in Spain and do not have either a telephone number or a postal address so: -how are 1st Credit going to telephone me to "agree a repayment plan"? - they only have my email address to which they have posted 2 messages, one as a payment confirmation of £5 and one as an "Introduction to 1st Credit". I have not posted any emails to 1st credit. * Barclays sold the debt to 1st credit and broke the repayment agreement whilst it was still in effect. How do I stand in this situation when the agreement as made by telephone from Spain? * I dont want to be bullied and put under mental stress by debt collectors. Will they try to chase me in Spain when I am continuing to make payments of £5/month? * Will 1st credit chase my family or partner's family for repayments? NOTES: *I have limited communications and no motorised transport, so phone calls must be done by cycling to the nearest town. *I cannot receive phonecalls. Internet / email communictions must also be done using an internet cafe in the town. *I have absolutely no colateral, no vehicles, no property, no savings / investments, no jewelry and I am not married by english law to a person with any colateral. Thank you all for your help. Love and Light.
  13. So friend has a mediation agreement in place with a creditor which was reached via court service mediation so claim did not progress to hearing or judgment. They are having trouble with the payments due to recent ill health however creditor won't agree to reducing these. I know if it was a CCJ it could be varied by application but must admit I have no idea if this can be done under the current arrangement... Any advice most welcome
  14. Hi can anyone give me some info as to the loan agreement I have uploaded, it is in relation to the Brokers Fee being added on to my loan agreement. I have also uploaded a pdf file doc which states that my loan agreement is unlawful, would appreciate it if anyone can help me. Sorry forgot to add I think section 3.2.2 and 5.1 may apply to me.
  15. I am posting this on behalf of a friend so please bare with me when im answering as I have to double check before I post replys. A letter came through the post this morning from County court money claims centre giving claimants name and address and listing myself trading as my company name with my address as the defendant. I knew nothing at all about this. They are claiming £414.90 plus £50 court fees for services rendered by the claimant for advertising charges on menu booklets. The defendant has failed to make the payments due on their account. The particulars state 'The claimant contacted the defendant on a number of occasions regarding the balance however no payment was recieved'. This is where it gets a bit odd. They claim I am the defendant and that I signed the agreement , they have contacted me on numerous occasions requesting payment. However, on the agreement they have provided as proof it has my company name and my company email address (which I have only now got back because my ex changed all my passwords), my ex girlfriends address, my ex girlfriends name, her telephone number and her signature signing herself as company sec. She has never been company sec or had anything to do with my company may I add. I contacted her and she admitted taking it out and signing it, she had even paid the first two payments out of HER personal account and has offered her statements to show this, she said she was trying to be nice and get more business for me. I knew nothing of this and because we have split up she has stated she is not paying no more and refused to deal with them so this has now landed on my doorstep . Do I owe this money seeing as I know nothing of it?, I didnt sign anything, I paid nothing etc. I have sent in the acknowledgement of service stating I wish to defend this however the place where they have registered this claim is over 300 miles away from myself and I cannot travel up there so will need to do it all online. Thanks
  16. Hi, My apologies if this issue has been posted already, I couldn't find similar issue. I bought a second hand car in September. The car is just under 11 year old. I was given the "MOTOR VEHICLE REPAIR AGREEMENT" for 6 months. I drive the car only on weekend clocking up no more than 30 miles a week. Until last weekend I drove to Paris. Everything was fine until, on my way back I heard a funny noise on the brake. When I stopped and checked I realized the pad is totally gone and its has damaged the disk. There is no warning nor any sign whatsoever. I didn't contact the insurer yet I wanted to ask for advice what I should do. I believe the break sensor is faulty as it failed to warn me (even the sensors is still off). thank you very much in advance.
  17. Hi all I have received a date for a county court hearing regarding an outstanding balance on an old Welcome HP agreement. I bought a car on hp 10yrs ago but about a week later, the car fell to pieces and was returned to the dealer. They eventually provided me with a different vehicle but did not give me a new hp agreement to sign. So, the only agreement in place details the vehicle that was returned. There is no signed agreement on the new vehicle. I kept up payment for a few years but eventually came into difficulties and payments ceased. Fast forward a few years to 2013, application for CCJ received, which we defended and a stay was granted. Heard no more until now, received witness statement which says a hearing is listed. My main qustion is, can they enforce this as the vehicle on the agreement was taken back, they have confirmed this in their witness statement, The HP agreement says to terminate the agreement I should return the goods and the creditor is then entitled to half the total amount payable under this agreement. They confirmed the vehicle was returned and by the time payments ceased, I had paid more than half. Yes, another vehicle was provided but this vehicle is not on the HP agreement which they say I am bound by. Any advise would be greatly appreciated. many thanks
  18. Those of you that happen to have the Enforcement Agent (EA) and demanding money to clear your debt you really should get to grips with what is a must on these forms, and what happens if you cannot keep to the agreement... Please have a read here as it could help you understand CLEARLY what could happen in this case for the link it is here https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/bailiff-has-issued-you-with-a-notice/bailiffs-notices/controlled-goods-agreements-bailiffs/ As you can see the EA MUST follow a strict regime before a CGA is correct.... The link has visual forms that you can read now and get to grips with it. Most of all the person signing it must either be you or someone the has your PERMISSION to do so. Whether or not the EA believes that the 3rd party has a verbal agreement that they can sign for you, it does not state that this needs to be in writing, this could cause issues if the other person is your partner. So maybe consider not giving your permission in the first place then the CGA will be void if a 3rd party signs it without permission... Finally this If a Controlled good agreement doesn't keep to the rules If a controlled goods agreement doesn't keep to these rules, the bailiff won't have control of your belongings and you can do the following: refuse to let the bailiff in if they try to come back – they won’t be allowed to force their way in write to the bailiff firm to explain that you will not be making any payments under the controlled goods agreement because it isn’t valid take the bailiff firm to court to get your belongings back, if they've already been taken. If you’re given a controlled goods agreement that doesn’t keep to the rules, this can give you more time to look at other options to stop the bailiff action, such as: negotiating with your creditors to pay back what you owe applying to the court to suspend the bailiff action choosing a formal debt solution, such as a debt relief order or bankruptcy. Please spend time reading all of the links within the original link it will be of use to you in the long run...
  19. Hi from a CAG virgin. I have a company in liquidation after our largest client went bankrupt owing us £150k and want to include a van in the liquidation. The hire agreement says the 'hirer' is my company and therefor as far as I was led to believe a company hire agreement. They (Leaseplan UK) say this is a personal Hire Agreement which is regulated by the Consumer Credit Act 1974. Who could I send this to for confirmation. Local solicitors want £600 to read a 5 page document. There is about £7000 redemption on the vehicle or 2 years to pay £235/month. Love the site and hope to be active in it. i will certainly donate regards Ian
  20. Hello, I am after some advise please to help with my defence as to whether I can seek and obtain copies of any transactions relating to my load account with Lloyds prior to the sale to Cabot and if whether the sell price can be admissible in the balance I should be paying to Cabot as opposed to what they've put claim in for. Recently been served with a CCJ for defaulting on installment repayment for an unsecured loan I obtained from Lloyds TSB in 1994. The agreement of sale points to this taking place in Oct of 2012. I need advise also on how and if I qualify for PPI , as this can perhaps be what I can repay the outstanding amount owed. The loan was unsecured.
  21. Hi all, Just looking for a bit of advice, I had 2 loans with Mbna in 2006 After contacting them they said I had no ppi on the accounts. Recently while tidying through paperwork I found the customer copies of the agreements stating an insurance advance on both loans would this be ppi ? also the customer copies of the agreements have no signatures or x's on them would these still be vaild as proof. Many thanks Leighb4
  22. Hi If this is in the wrong section please feel free to move Last week I was looking for a storage container to put my household possessions on when we move. I looked at a container that was too big for us but needing on sharpish I agreed to take one and signed his sheet with my bank details etc. I hadn’t picked up my bank card and had no money on me so they guy gave me a key for the container and I said I would pay the next day via phone. That night we decided it was too big and expensive so I sent the guy a message the next day via text saying I would not be needing the container and will post his key back (this container yard was not always manned, sent key back to main site 20 miles away) He did try calling me that day, and again later that week but I did not return his call Today he has emailed me saying that he wants 1 month container rent that I agreed to pay (£160), if not he will pursue through small claims court My question is, do I have to pay this payment as I have never set foot in the yard or touched the container since I left the yard when he gave me the key? Is there not a cooling off period etc? Any advice will be much appreciated Thanks W
  23. Hi all, I'm afraid that I've been a bit silly. My son has lived in a flat for years with some old friends and recently one moved out. They replaced him with another boy who they didn't know and had to sign a new joint tenancy agreement. With the first one, I filled in an application and signed a deed of guarantee in addition to signing a box on the tenancy agreement itself saying 'Guarantor'. All of the other parents did the same. This time, I only saw the page I needed to sign and signed in the Guarantor box, didn't fill in forms/sign anything else, as did the other parent. The new boy is employed so didn't need a guarantor. The fixed term has now come to an end and my son and his friend have moved out. Unfortunately the other boy won't budge. Will I have to pay to cover this? I'd only intended to cover my own son. I've since seen the whole contract and the only reference it makes to a guarantor is in the definitions section where it says that the guarantor is responsible for discharging the tenants obligations. So essentially I have two questions: 1) Did signing in that Guarantor box officially make me a Guarantor or is it invalid because I haven't filled in anything else? 2) Do I still have to cover costs once the fixed term is over? Any help with this would be greatly appreciated!
  24. Will someone please copy and put up here the terms and condition of the insurance. Would you also let us know 'exactly' what was said to you in the description of the policy, what was covered and what personal questions were asked about you?
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