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Found 40 results

  1. The local Council have arranged a temporary Road Closure Order for a whole day while there is an event on. My area, (containing hundreds of houses and various businesses), will be totally cut off as it is surrounded by railways, canals and is boxed in by the main Road which will be closed for approx 12 hours, 6.30am to 6.00pm. There are diversion routes, but they are only accessible by one Road Crossing Point, which is only open for a few hours ! My question is that I believe that the Road Traffic Act says - that during road closures, a safe diversion route must be provided, also right of access must be available at all times. So does that mean that this Road Closure Order is unlawful/ unenforceable ? What can I Do ? Please help, Kyle
  2. If I posted a copy of my secured loan agreement on here would anyone be able to see if anything is wrong with it.Are you not allowed to do that?I'd omit my name and mortgage lender.
  3. Hi Everyone, Well the basics of my query revolve around a contract that I dispute is enforceable. With the dispute on going my last contact with the Creditors solicitor was June of last year (2012). I received a standard email response back from their solicitor advising they would discuss points raised and reply forthwith. That was over 6 months ago and no response back from Creditor direct or their solicitor. However at the end of January this year I had a letter through off a debt collection agency (BCW) advising they had been passed on my details of debt etc and were now seeking recovery of it. I advised them this was on going and was in dispute. zz have since contacted the Creditor regarding any dispute etc and having received a letter dated 22nd March 2013 to say I'm a little stunned is an understatement. The Creditors have told BCW that they closed the case with the solicitors in October 2012. They have also said they're not aware of any dispute and are seeking settlement for the balance. So whats the best action to take now as I have all correspondence from Creditor initially when this all started and then Creditors solicitor (still waiting a response from my email sent to them back in middle of last year). I have emailed the Creditors solicitor concerning passing on my details to BCW when the debt is disputed/challenged. I've had no reply to either emails even just as a courteous reply from solicitors. I've never had any notification the case was closed and have as far as I'm aware the dispute still stands. Doesn't it breach OFT guide lines passing on details to debt agency firstly when its in dispute and with no contact to myself BCW have now given me 14 days to respond with documentation relating to the history of the dispute . So advise / guidance welcomed. Thanks in advance.
  4. Hi Guys, I've done a CRA on MBNA for a £3500 debt that's been outstanding for a couple of years now, that they have kept a default on my CRA but are being very coy about actually chasing. I suspect the CCA (If you can call it that, it looks like an application form to me) is not correctly formed, and thus unenforceable. Could someone validate that for me? (CCA Attached). Also, assuming it's unenforceable, how do I force MBNA to take it off credit reference agencies (CRA's)? thx in advance
  5. Hello Everyone, I am trying to clear up my credit file (for future possible mortgage or loan reasons). I have a few questions, and am looking for general advice on what to include on a letter. Long story short, I won a case Vs an RBS bank a few years back, for a loan of about £8k, there were all sorts of problems with the loan, ranging from PPI to no or invalid credit agreement and so on. It went to court and I won. (they backed out). Costs were paid to my solicitors and the loan became unredeemable unenforceable. (From what I understand anyway). Now, this was several years ago, since then they continue to enter a non payment entry on my credit file every month, and send letters every six months or so saying they understand the debt cannot be enforced in a court, but it should still be repaid – non payment will be reported to the credit reference agencies. (the loan amount has not been updated for years) I have been in touch with a CRA that have suppressed the entry while they wait for a reply. From what I understand they should not be putting entries in for a debt like this, but it seems to be an area where there is not much certain information and I have read conflicting reports. I also have had success in getting an entire account removed in relation to a credit card by a basic request to the CRA so I know it is possible. What could I put in a letter for a company being more difficult and refusing to remove a entry, and what rights would I have to request for this to be removed, (at the very least the information on values is incorrect due to PPI and so on). Also I have one other question, Would this be removed after six years has expired, or as they claim the debt is still valid and send letters every six months, would that mean they would try and keep it on there for ever?. Just a note to say I have seen a lot of bankers posting on a certain other forum, just to make it clear I am not interested in a lesson on morals from the banks or their PR teams who roam some forums . Thank you in advance for any ideas. hereigo
  6. I've used ParcelMonkey a few times recently; most recently I was arranging a return for the boss and PM came out cheapest on their bulk rate. No great surprise there, but what did pique my interest was the definition of 'perishable items' in their T&Cs -- as well as their no-compensation and prohibited items list. In their T&Cs (parcelmonkey.co.uk/terms-and-conditions) it reads (emphasis added): I couldn't believe it when I read that they'd defined designer clothing, apparel and accessories - over £250 in value, no less - as a perishable item! How is this justifiable? Subsequent Googling of other couriers' T&Cs with regards to perishable items yielded only the standard fare; foodstuffs, livestock or stuffed animals, etc. In addition, PM's "no-compensation carriage" list is bizarre (parcelmonkey.co.uk/prohibitedItems.php) and includes a mixture of reasonable and completely bizarre specifications with no promise of compensation should they be damaged. (Even if they're packaged correctly?!) This all strikes me as overly optimistic on their behalf and vastly overreaching; of course you have to consent to the T&Cs before you book a courier - so should a complaint ever arise over an item damaged or nondelivered they can just fold their arms and say "well, as you agreed, we hereby refer you to the response in Arkell v. Pressdram" and subsequently ignore you. Now whilst any company's entitled to state what it wishes or does not wish to carry on behalf of customers, if the individual couriers' own T&Cs are less restrictive than the third party broker (Parcel Monkey) would it not be arguable that their own T&Cs are unenforceable as the additional restrictions are arbitrary and, in some cases, punitive? I can't afford to send a laptop hoping it'll get broken to then file a test case, so I'm interested to hear what people think of all this from a purely academic standpoint. Are there any relevant precedents?
  7. Consumer credit act, section 18, re: Multiple Agreements.... If a HP agreement is multiple, (eg: agreement for goods, agreement for insurances etc), the Consumer Credit Act requires that all multiple parts of the agreement should be regarded as seperate loans. The terms for each part of the agreement (such as terms for the goods, terms for the insurances etc) should both be listed on the agreement, loan amount, payments, and APR for all the multiple agreements listed seperately. If the payments for the goods and insurances are together and not listed seperately, then this agreement would not be enforceable under section 65 of the consumer credit act as it would not have the signature and all the necessary legal terms on the one document. Just a thought.... Comments anyone? Help? Advice? Maybe, I am totally wrong in this? Reading through this forum and learning about the way in which these retailers treat their customers, wouldn't it be ironic if the HP agreements were found out to be unenforceable - thus giving the customers 'power' over the retailer! If unenforceable, then the debt still exists but the retailers can not enforce this in Court. It would give the customer power and more leverage to sort out any disputes they have with the retailer.
  8. Hi all, I defaulted on a debt in 2001 with Egg credit card (approx £5600 and entered almost immediately in to an informal payment arrangement with Egg through Moorcroft. My initial payments after 2001 default started at £1 per month and in 2010 I was paying £35 per month. In Jan 2010 I received a letter from moorcrop saying enoughs enough pay full amount within 7 days or else. I sent them a CCA request Feb 2010 and and a request for a statement of account (which I have never ever had) continued to pay monthly £35. In april 2010 I received letter from Moorcroft saying their client/Egg could not at that time supply the document and there was no mention of my statement of account. At that time I then stopped my monthly payments as I dispute what is now owed. I have paid nothing since. To date I have received 170 phonecalls and 27 letters demanding payment from 5 different dca's. Today I have received a letter from Bryan Carter on behalf /ARROW and now Barclaycard who now own the debt saying that I should receive County court docs within 48 hours. Am I correct in thinking that the april 2007 ruling was not retrospective and that my case would fall under 1974 cons credit act. I.e. no CCA no court? I am doing my homework now as regards CPR etc as I intend to defend the case. Any advice and or comments would be greatly appreciated. I have all my copy letters sent/cca request/etc and letters received. I have never had a statement of account from Egg/Moorcroft/bryan carter regarding this account since 2001. Thanks to all in anticipation, and kind regards, M.
  9. Hello All! I have not posted here for a while mainly due to ill health. However,as I feel abit better,I want to run through with you folks as written below: Scenario as follows: 1.Obtained unsecured loan for doubleglazing just over 10 years ago. 2.The loan had PPI added to it 3.After obtaining a SAR it was revealed that there was a “secret commission”. 4.Original creditor sells debt to DCA . 5.Arrangement is made to clear the debt(Tomlin Order) with DCA. 6.Arrangement is broken and CCJ is obtained by DCA. 7.CCJ was then followed by Charging Order on my home. 8.Having read through various posts the original debt seems to be unenforceable mainly due the “secret commission” . 9.The commission was given to the dg salesperson that I was purchasing at the time. 10.The company that I had bought the dg went into liquidation a few years ago. All the above happened several years ago. I have been too ill to deal with this earlier but feel abit better and ready to deal with this now. My questions are as follows: a.What is the best way forward in order to sue either/both the original creditor and the DCA and get the CCJ removed? TAKING INTO ACCOUNT…. 1,The original creditor should have never sold the debt as there was an ongoing dispute. 2.Also as it seems that both parties knew that the debt was unenforceable. 3.I did receive a rebate of PPI from the DCA but I still believe the balance has an element of PPI remaining due to compound interest. b. How can a DCA go to court,obtain a CCJ and then a Charging Order with the full knowledge that it has no right to enforce the debt in the first place? Is this not a form of fraud or deceit? Or worse i.e.contempt of court? c.Can I obtain a refund of any of the payments that I have made whether to the Original Creditor and/or the DCA? Naturally I would have already made more than enough payments to cover the value of the “cash purchase” value plus some interest. d.Is it correct to say that I would only legally owe the value of the item but not the interest as the secret commission voids the agreement? If you have any questions,please just ask. Many thanks in advance. Note:I have NOT included the name of the DCA due to ongoing litigation.
  10. Hi as a relative newcomer (having lurked for some time) we've taken the bull by the horns and ditched CCCS and started to sort our mess out ourselves - thanks to those who have already given advice. We did take one piece of advice and request a CCA from Cabot who are the fourth creditor on one particular debt (citicard then clarity then opus now cabot) They have written back to say "Cabot financial do not currently have this information on file. However, we have requested the relevant information under section 77 and/or 78 of the consumer credit act 1974 from the original lender. We anticipate we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within this time frame we will write to you accordingly. In the meantime we recommend that you maintain your monthly repayments of £xx.xx towards this account. For your ease of reference the outstanding balance is £xxxx.xx" My query is how to proceed - do we continue to pay the agreed amount as part of our DMP now self managed or do we ride it out hoping that it becomes unenforceable?? Any advice gratefully received
  11. Hi Hope someone can help me. Have a BC from late 80s. I wanted to see the Agreement because I was getting a bit fed up with the %age increase, etc and so did a CCA. BC have never reported anything on my credit file as yet, not for the last 20 years. I did a Section78 request around a year ago. BC first sent a 'reconstituted' agreement that had the wrong address on. When I pointed it out they sent a letter saying they weren't able to produce a copy of the Agreement and that they couldn't enforce the debt but that I still had to pay. They also noted that they had immediately suspended my account - at that point my payments were all up-to-date and I'd never been in arrears (other than the odd payment through the years that was a couple of days late). That was about a year ago. Just after Christmas I had no more work (self employed) and started claiming benefits so stopped paying BC. I received a letter from Merecers at weekend which was a default notice telling me to pay £1,000 by 14th July. It also said they would file a default on my credit file. I wrote a letter back to Merc they same day saying that the account was unenforceable and that there was no agreement for them to update my credit file. Just got a letter from BC today which is a final demand for the full balance of £15k and that I have til Sunday (8th) to pay otherwise they're going to send a debt collector round to collect the money and they will also file a default on my credit fil. I have a couple of questions; 1. Is it still the case that BCs inability to perform their obligations with regards to my S70 (or whatever it is) request means that they cannot enforce the debt to the point of getting a judgement against me? 2. Is there evidence that BC will go all the way to court to frighten me? 3. I think that BC have no right to send a Final Demand to pay the full balance 5 days before the default notice deadline. I think this is a cock-up on their behalf. Can I use this to my advantage in any way? 4. Does anyone have a copy of T&Cs and Agreement from 1987? 5. Am I right in thinking that, without a signed agreement, they have no right to update my credit file. Especially as they have NEVER updated it? Thanks for any help you can give me.
  12. I have been paying cabot for years, and eventually I asked them for proof of everything. I have now recieved a letter telling me they cannot provide me any information and the debt is unenforceable. So far I have paid cabot £500 out of a total £800 debt, I was thinking rather than just not pay them, can I offer them a small payment in full and final settlement of the debt, so that it doesn't get sold on and on and on and on? Would they accept that just to get rid of me? And how much should I offer?
  13. Hi guys I was wondering if you could help me? I am in dispute with Lloyds TSB. I had a bank account with TSB then Lloyds (when they merged) and years later I got a loan with Lloyds in December 2004 for £5000 over 3 years (I think?), and in 2006, after I’d paid most of it off I became unemployed and homeless. It wasn’t until 2008 when I got my self back on my feet and got back to work and contacted Lloyds to sort out repayments and my bank account too. I was told that my bank account had been closed. I managed to get an account with Halifax and started to sort out monthly repayments with Lloyds. When Lloyds sent me a letter stating how much I owed, the amount was now over £7000! At that point my partner asked me if I hadn’t taken out PPI with the loan, I said that I didn’t know, so on my next phone call to Lloyds I asked if I had taken PPI and was told I had (news to me at that point!?!?) At this point I asked for a break down of all the charges and interest etc that had been added to my account to see how they’d come up with the £7000+ amount and a copy of my original loan agreement. Everything was going fine, despite not receiving any of the documents Id continually asked for, and then early 2010 I lost my repayment book, so I phoned Lloyds to send me a new one. Which they were happy to do…..until it didn’t arrive; instead it was a collections notice from Moorecroft?!!?!??! I phoned Lloyds collections centre and was told that my debt had been sold on to Moorecroft and that there was nothing that they could do about it! So I told the manager for the collections centre for Lloyds TSB that I would be contacting the Financial Ombudsman Service because of the handling of my account and because they hadn’t sent me any of the items I had asked for back in 2008! The Ombudsman took up my cases (I was also getting them to sort out the PPI too) even then after nearly a year of the Ombudsman demanding the break down of costs etc and a copy of my loan agreement, still nothing! So at this point I did some digging on the net and found out that my loan was unenforceable, because they (Lloyds) couldn’t find a copy of my loan agreement and they (Lloyds) elapsed on the amount of time (40 days) set down by the Credit Consumer Act to send said loan agreement to me. So I put this to Lloyds in a letter and they have ignored this, and claimed in telephone conversations that they ‘never received that letter’! Now they have passed on my account to Westcot debt collections.. So now, what do I do, stick to my guns and fight it, do any of you guys think that I have a good case for an unenforceable loan? Or should I go back to the Ombudsman?
  14. I have read somewhere within the last couple of months - it may have been here on CAG, but I can't find it - that electricity bills rendered more than a year after the electricity has been consumed are not enforceable, for whatever reason. Can anyone cast any light on this?
  15. Hi guys, I am trying to sort out my finances, but am quite new to all this stuff. I have a question for you about CCA requests. Is it STILL true that if the lender cannot provide a copy of the original CCA, then the debt is unenforceable? I seem to recall seeing or hearing something about this no longer being true as of November or December of 2010, because of a court case. What I can find on the internet is mostly from 2008 and 2009. Any light you can shed on this would be most appreciated.
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